House Bill 4837e1

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                                          HB 4837, First Engrossed



  1                      A bill to be entitled

  2         An act relating to education; amending s.

  3         231.02, F.S., relating to qualifications of

  4         district school system personnel; deleting

  5         certain provisions relating to background

  6         check; amending s. 231.096, F.S.; revising

  7         provisions relating to teaching out-of-field;

  8         amending s. 231.15, F.S.; providing State Board

  9         of Education duties relating to teacher

10         certification; amending s. 231.17, F.S.;

11         revising provisions relating to qualification

12         for a temporary certificate; amending s.

13         231.1725, F.S.; deleting provisions relating to

14         employment of noncertificated teachers in

15         critical teacher shortage areas; amending s.

16         231.261, F.S.; providing rulemaking authority

17         of the Education Practices Commission; amending

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

19         relating to the recovery network program for

20         educators; amending s. 231.47, F.S.; conforming

21         a cross-reference; amending s. 231.546, F.S.,

22         relating to the Education Standards Commission;

23         deleting duties relating to teacher education

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

25         requirements of the school district

26         professional development system; amending s.

27         231.625, F.S.; deleting provisions relating to

28         a teacher referral and recruitment center;

29         requiring establishment of a teacher

30         recruitment and retention services office;

31         amending s. 231.6255, F.S.; revising provisions


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                                          HB 4837, First Engrossed



  1         relating to the Christa McAuliffe Ambassador

  2         for Education Program; creating s. 231.63,

  3         F.S.; creating the Florida Educator Hall of

  4         Fame; providing for nominations,

  5         recommendations, and selection of members;

  6         amending s. 20.15, F.S.; creating additional

  7         divisions of the Department of Education;

  8         amending s. 231.262, F.S.; providing a

  9         show-cause process for violations of probation

10         imposed by the Education Practices Commission;

11         amending s. 231.28, F.S.; providing a

12         show-cause process for violation of an order of

13         the Education Practices Commission; providing

14         authority for additional penalties; amending s.

15         236.081, F.S.; providing for a supplemental

16         capping calculation for those districts whose

17         weighted FTE enrollment is over the weighted

18         FTE ceiling established in the annual

19         appropriations act; providing a procedure for

20         such calculation; repealing s. 236.081(8),

21         F.S., which provides for a caps adjustment

22         supplement for group 2 programs when there are

23         funds remaining in the Florida Education

24         Finance Program appropriation; amending s.

25         236.25, F.S.; conforming a cross-reference;

26         amending s. 229.57, F.S.; authorizing the

27         Commissioner of Education to establish criteria

28         for exempting a student from taking certain

29         parts of the high school competency test;

30         repealing s. 231.613, F.S., relating to

31         inservice training institutes; amending s.


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                                          HB 4837, First Engrossed



  1         24.121, F.S.; deleting obsolete provisions;

  2         amending s. 229.58, F.S.; revising provisions

  3         governing the membership of school advisory

  4         councils; amending s. 229.591, F.S.; revising

  5         education goals with respect to postsecondary

  6         institutions; creating pilot programs for

  7         deregulated public schools in a maximum of six

  8         counties; providing an effective date.

  9

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

11

12         Section 1.  Subsection (2) of section 231.02, Florida

13  Statutes, is amended to read:

14         231.02  Qualifications of personnel.--

15         (2)(a)  Instructional and noninstructional personnel

16  who are hired to fill positions requiring direct contact with

17  students in any district school system or laboratory school

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

19  taken by an authorized law enforcement officer or an employee

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

21  These fingerprints shall be submitted to the Department of Law

22  Enforcement for state processing and to the Federal Bureau of

23  Investigation for federal processing. School districts which

24  have authorized terminal access to the Florida Crimes

25  Information Telecommunications Network or the National Crime

26  Information Center may use this equipment for the background

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

28  on probationary status pending fingerprint processing and

29  determination of compliance with standards of good moral

30  character.  Employees found through fingerprint processing to

31  have been convicted of a crime involving moral turpitude shall


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                                          HB 4837, First Engrossed



  1  not be employed in any position requiring direct contact with

  2  students.  Probationary employees terminated because of their

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

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

  5  school board or the employee.

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

  7  1, 1997, for personnel currently required to be certified

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

  9  currently employed by any district school system or any other

10  public school who have not been fingerprinted and screened in

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

12  complete set of fingerprints taken by an authorized law

13  enforcement officer or an employee of the school or district

14  who is trained to take fingerprints.  The fingerprints shall

15  be submitted to the Department of Law Enforcement for state

16  processing and the Federal Bureau of Investigation for federal

17  processing. School districts which have authorized terminal

18  access to the Florida Crimes Telecommunications Network or the

19  National Crime Information Center may use that equipment for

20  the background check required by this paragraph. Employees

21  found through fingerprint processing to have been convicted of

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

23  position requiring direct contact with students.  The cost of

24  the fingerprint processing may be borne by the school district

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

26  Any additional cost shall be borne by the Department of

27  Education. Each local school board and laboratory school shall

28  develop policies necessary for the implementation of this

29  subsection. The Commissioner of Education shall provide

30  guidelines regarding standards of good moral character for use

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


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                                          HB 4837, First Engrossed



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

  2  been convicted of a crime involving moral turpitude.

  3         (b)(c)  Personnel who have been fingerprinted or

  4  screened pursuant to this subsection and who have not been

  5  unemployed for more than 90 days shall not be required to be

  6  refingerprinted or rescreened in order to comply with the

  7  requirements of this subsection.

  8         Section 2.  Section 231.096, Florida Statutes, is

  9  amended to read:

10         231.096  Teacher teaching out-of-field;

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

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

13  in professional development activities shall be given to

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

15  institutes.  A district may include in its annual summer

16  inservice institute plan a section that provides for

17  institutes in instructional areas identified as district

18  critical teacher shortage areas and approved by the Department

19  of Education.

20         Section 3.  Section 231.15, Florida Statutes, is

21  amended to read:

22         231.15  Positions for which certificates required.--

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

24  to classify school services, designate the certification

25  subject areas, establish competencies and certification

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

27  rules in accordance with which the professional, temporary,

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

29  of Education to applicants school employees who meet the

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

31  Each person employed or occupying a position as school


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                                          HB 4837, First Engrossed



  1  supervisor, principal, teacher, library media specialist,

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

  3  the employee serves in an instructional capacity, in any

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

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

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

  7  rendered.  However, the state board shall adopt rules

  8  authorizing school boards to employ selected noncertificated

  9  personnel to provide instructional services in the

10  individuals' fields of specialty or to assist instructional

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

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

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

14  temporary, or professional certificate. Each person employed

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

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

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

18  provisions of this subsection shall not apply to any athletic

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

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

21  state.

22         (2)  A commissioned or noncommissioned military officer

23  who is an instructor of junior reserve officer training shall

24  be exempt from requirements for teacher certification, except

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

26  if he or she meets the following qualifications:

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

28  20 years of service and draws retirement pay or is retired, or

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

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

31


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                                          HB 4837, First Engrossed



  1         (b)  Satisfies criteria established by the appropriate

  2  military service for certification by the service as a junior

  3  reserve officer training instructor.

  4         (c)  Has an exemplary military record.

  5

  6  If such instructor is assigned instructional duties other than

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

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

  9  the type of service rendered.

10         Section 4.  Paragraph (c) of subsection (3) of section

11  231.17, Florida Statutes, is amended to read:

12         231.17  Official statements of eligibility and

13  certificates granted on application to those meeting

14  prescribed requirements.--

15         (3)  TEMPORARY CERTIFICATE.--

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

17  applicant must:

18         1.  File a written statement under oath that the

19  applicant subscribes to and will uphold the principles

20  incorporated in the Constitutions of the United States and of

21  the State of Florida.

22         2.  Be at least 18 years of age.

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

24  from an accredited institution of higher learning, as defined

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

26  created Florida state institution that is part of the State

27  University System shall be considered as granted by an

28  accredited institution of higher learning during the first 2

29  years of course offerings while accreditation is gained.

30  Degrees from foreign institutions, or degrees from other

31  institutions of higher learning that are in the accreditation


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                                          HB 4837, First Engrossed



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

  2  board rule. Once accreditation is gained, the institution

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

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

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

  6  the State Board of Education as nondegreed areas. Each

  7  applicant seeking initial certification must have attained at

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

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

10  the required education by submitting official transcripts from

11  institutions of higher education or by authorizing the direct

12  submission of such official transcripts through established

13  electronic network systems.

14         4.  Meet such academic and professional requirements

15  based on credentials certified by standard institutions of

16  higher learning, including any institutions of higher learning

17  in this state accredited by an accrediting association that is

18  a member of the Commission on Recognition of Postsecondary

19  Accreditation, as prescribed by the state board.

20         4.5.  Be competent and capable of performing the

21  duties, functions, and responsibilities of a teacher.

22         5.6.  Be of good moral character.

23

24  Rules adopted pursuant to this section shall provide for the

25  review and acceptance of credentials from foreign institutions

26  of higher learning.

27         Section 5.  Section 231.1725, Florida Statutes, is

28  amended to read:

29         231.1725  Employment of substitute teachers, teachers

30  of adult education, and nondegreed teachers of career

31


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                                          HB 4837, First Engrossed



  1  education; students performing clinical field experience, and

  2  noncertificated teachers in critical teacher shortage areas.--

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

  4  231.15, and 231.17, and 231.172 or any other provision of law

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

  6  minimal qualifications for:

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

  8  231.47. The qualifications shall require the filing of a

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

10  s. 231.02.

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

12  education programs. The qualifications shall require the

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

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

15  postsecondary instruction may be exempted from this

16  requirement.

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

18  vocational programs. Qualifications shall be established for

19  agriculture, business, health occupations, family and consumer

20  sciences, industrial, marketing, and public service education

21  teachers, based primarily on successful occupational

22  experience rather than academic training. The qualifications

23  for such teachers shall require:

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

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

26  to conduct postsecondary instruction may be exempted from this

27  requirement.

28         2.  Documentation of education and successful

29  occupational experience including documentation of:

30         a.  A high school diploma or the equivalent.

31


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                                          HB 4837, First Engrossed



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

  2  occupational experience or the equivalent of part-time

  3  experience in the teaching specialization area. Alternate

  4  means of determining successful occupational experience may be

  5  established by the school board.

  6         c.  Completion of career education training conducted

  7  through the local school district inservice master plan.

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

  9  education training in teaching methods, course construction,

10  lesson planning and evaluation, and teaching special needs

11  students. This training may be completed through coursework

12  from a standard institution or an approved district teacher

13  education program.

14         e.  Demonstration of successful teaching performance.

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

16  in critical teacher shortage areas. The qualifications shall

17  require the filing of fingerprints in the same manner as

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

19  in the essential generic and specialization competencies of

20  the instructional assignment. The school board shall be

21  responsible for determining critical teacher shortage areas

22  within the school district. Each school board shall annually

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

24  all noncertificated teachers employed pursuant to this

25  paragraph during each school year.

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

27  education teachers and noncertificated teachers in critical

28  teacher shortage areas who are employed pursuant to this

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

30  certified teachers.

31


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                                          HB 4837, First Engrossed



  1         Section 6.  Paragraph (d) of subsection (7) of section

  2  231.261, Florida Statutes, is amended to read:

  3         231.261  Education Practices Commission;

  4  organization.--

  5         (7)  The duties and responsibilities of the commission

  6  are to:

  7         (d)  Have rulemaking authority pursuant to chapter 120

  8  to establish procedures for operations and administration,

  9  disciplinary proceedings, indexing, implementation of orders,

10  and retention of records, and to establish disciplinary

11  guidelines.

12         Section 7.  Subsections (9) and (12) of section

13  231.263, Florida Statutes, are amended to read:

14         231.263  Recovery network program for educators.--

15         (9)  An approved treatment provider must disclose to

16  the recovery network program all information in its possession

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

18  the treatment program.  Information obtained under this

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

20  24(a), Art. I of the State Constitution.  This exemption is

21  necessary to promote the rehabilitation of impaired educators

22  teachers and to protect the privacy of treatment program

23  participants.  The failure to provide such information to the

24  program is grounds for withdrawal of approval of a treatment

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

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

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

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

29  sufficient to implement the provisions of this section.  The

30  state board shall by rule establish procedures and additional

31  standards for:


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                                          HB 4837, First Engrossed



  1         (a)  Approving treatment providers, including

  2  appropriate qualifications and experience, amount of

  3  reasonable fees and charges, and quality and effectiveness of

  4  treatment programs provided.

  5         (b)  Admitting eligible persons to the program.

  6         (c)  Evaluating impaired persons by the recovery

  7  network program.

  8         Section 8.  Section 231.47, Florida Statutes, is

  9  amended to read:

10         231.47  Substitute teachers.--Each school board shall

11  adopt rules prescribing the compensation of, and the procedure

12  for employment of, substitute teachers. Such procedure for

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

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

15  231.1712.

16         Section 9.  Subsection (1) of section 231.546, Florida

17  Statutes, is amended to read:

18         231.546  Education Standards Commission; powers and

19  duties.--

20         (1)  The Education Standards Commission shall have the

21  duty to:

22         (a)  Recommend to the state board desirable standards

23  relating to programs and policies for the development,

24  certification and certification extension, improvement, and

25  maintenance of competencies of educational personnel,

26  including teacher interns.

27         (b)  Recommend to the state board standards for

28  approval of preservice teacher education programs.

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

30  resources studies regarding teaching personnel and report the

31  findings to the state board.


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                                          HB 4837, First Engrossed



  1         (d)  Recommend to the state board objective,

  2  independently verifiable standards of measurement and

  3  evaluation of teaching competence.

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

  5  demonstrate qualifications for certification which assure

  6  fairness and flexibility while protecting against

  7  incompetence.

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

  9  locations for teacher education centers from proposals

10  submitted by school districts and universities.

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

12  expenditure of funds for teacher education centers and

13  approval of teacher education center programs.

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

15  preservice and inservice teacher training such as

16  understanding diverse student populations, working in a

17  changing workplace, and understanding subject matter and

18  instruction.  The commission shall recommend standards for

19  measuring evidence of training in these priorities for

20  continuing program approval for preservice teacher education,

21  initial teacher certification and certificate renewal, and

22  staff development activities.

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

24  professional development systems as provided in s. 231.600.

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

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

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

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

29  amended to read:

30         231.600  School Community Professional Development

31  Act.--


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                                          HB 4837, First Engrossed



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

  2  schools, and public colleges and universities share the

  3  responsibilities described in this section.  These

  4  responsibilities include the following:

  5         (b)  Each district school board shall consult with

  6  teachers and representatives of college and university

  7  faculty, community agencies, and other interested citizen

  8  groups to establish policy and procedures to guide the

  9  operation of the district professional development program.

10  The professional development system must:

11         1.  Require that schools identify student needs that

12  can be met by improved professional performance, and assist

13  schools in making these identifications;

14         2.  Provide training activities coupled with followup

15  support that is and other professional development appropriate

16  to accomplish district-level and school-level improvement

17  goals and standards; and

18         3.  Provide for systematic consultation with regional

19  and state personnel designated to provide technical assistance

20  and evaluation of local professional development programs.

21         (6)  The Department of Education shall design methods

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

23  improve the professional development system.  The evaluation

24  must include an annual assessment of data that indicate

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

26  identified as most critical to improved professional

27  development, including needs of students with disabilities,

28  students having limited proficiency in English, and

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

30  indicates an achievement level that is unusual, the department

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


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                                          HB 4837, First Engrossed



  1  may provide technical assistance, and may require the school

  2  district to employ a different approach to professional

  3  development.  The department shall report annually to the

  4  State Board of Education and the Legislature any school

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

  6  failed to provide an adequate professional development system.

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

  8  investigation and of any intervention provided.

  9         Section 11.  Section 231.625, Florida Statutes, is

10  amended to read:

11         231.625  Teacher shortage recruitment and retention

12  referral.--

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

14  for Career Development Services, in cooperation with teacher

15  organizations, and district personnel offices, and colleges of

16  education directors, shall expand its career information

17  system to concentrate on the recruitment of qualified teachers

18  in teacher shortage areas.

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

20  for Career Development Services, shall establish a teacher

21  referral and recruitment and retention services office center

22  which shall:

23         (a)  Advertise teacher positions in targeted states

24  with declining student enrollments.

25         (b)  Advertise in major newspapers, national

26  professional publications, and other professional publications

27  and in graduate schools of education.

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

29  number and a central post office box.

30         (d)  Develop standardized resumes for teacher applicant

31  data.


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                                          HB 4837, First Engrossed



  1         (e)  Conduct periodic communications with district

  2  superintendents and personnel directors regarding new

  3  applicants.

  4         (f)  Provide district access to the applicant database

  5  by computer or telephone.

  6         (g)  Develop and distribute promotional materials

  7  related to teaching as a career.

  8         (h)  Publish and distribute information pertaining to

  9  employment opportunities, application procedures, teacher

10  certification, and teacher salaries and benefits for beginning

11  and continuing teachers.

12         (i)  Provide Publish information related to alternative

13  certification procedures.

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

15  America Program clubs throughout the state.

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

17  districts incentives for attracting teachers to this state.

18         (3)  The Office of Teacher Recruitment and Retention

19  Services teacher referral and recruitment center, in

20  cooperation with teacher organizations and district personnel

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

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

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

24  state.

25         Section 12.  Section 231.6255, Florida Statutes, is

26  amended to read:

27         231.6255  Christa McAuliffe Ambassador for Education

28  Program.--

29         (1)  The Legislature recognizes that Florida continues

30  to face teacher shortages faces a severe shortage of teachers

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


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                                          HB 4837, First Engrossed



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

  2  rewarding aspects of being a teacher, to encourage more

  3  individuals to become teachers, and to provide annual

  4  sabbatical support for outstanding Florida teachers to serve

  5  as goodwill ambassadors for education.  The Legislature

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

  7  epitomized the challenge and inspiration that teaching can be.

  8         (2)  There is established the Christa McAuliffe

  9  Ambassador for Education Program to provide salary, travel,

10  and other related expenses annually for an outstanding Florida

11  teacher to promote the positive aspects of teaching as a

12  career.  The goals of the program are to:

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

14  profession.

15         (b)  Promote the importance of quality education and

16  teaching for our future.

17         (c)  Inspire and attract talented young people to

18  become teachers.

19         (d)  Provide information regarding Florida's

20  scholarship and loan programs related to teaching.

21         (e)  Promote the teaching profession within community

22  and business groups.

23         (f)  Provide information regarding Florida's

24  alternative certification program to retired military

25  personnel and other individuals who might consider teaching as

26  a second career.

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

28  Recruitment and Retention Services teacher referral and

29  recruitment center, as needed.

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

31  district teachers of the year.


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                                          HB 4837, First Engrossed



  1         (i)  Support the activities of the Florida Future

  2  Educator Teacher of America Program clubs.

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

  4  education, and other conferences and meetings.

  5         (k)  Promote the teaching profession in other ways

  6  related to the teaching responsibilities, background

  7  experiences, and aspirations of the Ambassador for Education.

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

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

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

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

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

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

14  Education Each district school board shall establish

15  application and selection procedures for determining an annual

16  teacher of the year. Applications and selection criteria shall

17  be developed and distributed annually by the Department of

18  Education to all school districts. The Commissioner of

19  Education shall establish a selection committee which assures

20  representation from teacher organizations, administrators, and

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

22  Education from among the district teachers of the year.

23  Selection criteria shall be developed and distributed annually

24  to all school districts.

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

26  Teacher Recruitment and Retention Services, through the Center

27  for Career Development Services and in conjunction with the

28  teacher referral and recruitment center, shall administer the

29  program.

30

31


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                                          HB 4837, First Engrossed



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

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

  3  associated with administering the program.

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

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

  6  returning to his or her teaching position upon completion of

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

  8  creditable or continuous service or employment for the period

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

10         Section 13.  Section 231.63, Florida Statutes, is

11  created to read:

12         231.63  Florida Educator Hall of Fame.--

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

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

15  significant contributions to education in this state.

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

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

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

19  Building.

20         (b)  The Florida Education Foundation shall make a

21  recommendation for the design and theme for the Florida

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

23  consultation with the Secretary of Management Services, shall

24  approve the foundation's recommendation.

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

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

27  plaque shall designate the member's particular discipline or

28  contribution and shall set forth vital information relating to

29  the member. Each member shall also receive a standardized

30  memento of the member's selection.

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                                          HB 4837, First Engrossed



  1         (3)  The Florida Education Foundation shall accept

  2  nominations annually for persons to be recommended as members

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

  4  a significant contribution to education in this state, as

  5  determined and documented by the Florida Education Foundation,

  6  shall be eligible for membership. The foundation shall

  7  recommend to the Commissioner of Education persons to be named

  8  as members of the Florida Educator Hall of Fame.

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

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

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

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

13  1 year.

14         (5)  The Commissioner of Education and the Florida

15  Education Foundation shall develop and adopt written policies

16  to carry out the purposes of this section, including

17  procedures to accept nominations, make recommendations for

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

19  provide funding for the Florida Educator Hall of Fame.

20         (6)  The Commissioner of Education may annually request

21  an appropriation from the Legislature sufficient to carry out

22  the purposes of this section. The Florida Education Foundation

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

24  the Florida Educator Hall of Fame.

25         Section 14.  Subsection (3) of section 20.15, Florida

26  Statutes, is amended to read:

27         20.15  Department of Education.--There is created a

28  Department of Education.

29         (3)  DIVISIONS.--

30         (a)  The following divisions of the Department of

31  Education are established:


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                                          HB 4837, First Engrossed



  1         (a)1.  Division of Community Colleges.

  2         (b)2.  Division of Public Schools and Community

  3  Education.

  4         (c)3.  Division of Universities.

  5         (d)4.  Division of Workforce Development.

  6         (e)5.  Division of Human Resource Development.

  7         (f)  Division of Administration.

  8         (g)  Division of Financial Services.

  9         (h)  Division of Support Services.

10         (b)  The Commissioner of Education is authorized to

11  establish within the Department of Education a Division of

12  Administration.

13         Section 15.  Present subsection (7) of section 231.262,

14  Florida Statutes, is redesignated as subsection (8) and a new

15  subsection (7) is added to that section to read:

16         231.262  Complaints against teachers and

17  administrators; procedure; penalties.--

18         (7)  Violations of the provisions of probation shall

19  result in an order to show cause issued by the Clerk of the

20  Education Practices Commission. Upon failure of the

21  probationer, at the time and place stated in the order, to

22  show cause satisfactorily to the Education Practices

23  Commission why a penalty for violating probation should not be

24  imposed, the Education Practices Commission shall impose

25  whatever penalty is appropriate as established in s.

26  231.28(6). Any probation period will be tolled when an order

27  to show cause has been issued until the issue is resolved by

28  the Education Practices Commission.

29         Section 16.  Subsection (1) of section 231.28, Florida

30  Statutes, is amended and subsection (6) is added to that

31  section to read:


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                                          HB 4837, First Engrossed



  1         231.28  Education Practices Commission; authority to

  2  discipline.--

  3         (1)  The Education Practices Commission shall have

  4  authority to suspend the teaching certificate of any person as

  5  defined in s. 228.041(9) or (10) for a period of time not to

  6  exceed 3 years, thereby denying that person the right to teach

  7  for that period of time, after which the holder may return to

  8  teaching as provided in subsection (4); to revoke the teaching

  9  certificate of any person, thereby denying that person the

10  right to teach for a period of time not to exceed 10 years,

11  with reinstatement subject to the provisions of subsection

12  (4); to revoke permanently the teaching certificate of any

13  person; to suspend the teaching certificate, upon order of the

14  court, of any person found to have a delinquent child support

15  obligation; or to impose any other penalty provided by law,

16  provided it can be shown that such person:

17         (a)  Obtained the teaching certificate by fraudulent

18  means;

19         (b)  Has proved to be incompetent to teach or to

20  perform duties as an employee of the public school system or

21  to teach in or to operate a private school;

22         (c)  Has been guilty of gross immorality or an act

23  involving moral turpitude;

24         (d)  Has had a teaching certificate revoked in another

25  state;

26         (e)  Has been convicted of a misdemeanor, felony, or

27  any other criminal charge, other than a minor traffic

28  violation;

29         (f)  Upon investigation, has been found guilty of

30  personal conduct which seriously reduces that person's

31  effectiveness as an employee of the school board;


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                                          HB 4837, First Engrossed



  1         (g)  Has breached a contract, as provided in s.

  2  231.36(2);

  3         (h)  Has been the subject of a court order directing

  4  the Education Practices Commission to suspend the certificate

  5  as a result of a delinquent child support obligation;

  6         (i)  Has violated the Principles of Professional

  7  Conduct for the Education Profession prescribed by State Board

  8  of Education rules; or

  9         (j)  Has otherwise violated the provisions of law, the

10  penalty for which is the revocation of the teaching

11  certificate; or.

12         (k)  Has violated any order of the Education Practices

13  Commission.

14         (6)  When an individual violates the provisions of a

15  settlement agreement enforced by a final order of the

16  Education Practices Commission an order to show cause may be

17  issued by the Clerk of the Commission. The order shall require

18  the individual to appear before the commission to show cause

19  why further penalties should not be levied against the

20  individual's certificate pursuant to the authority provided to

21  the Education Practices Commission in subsection (1). The

22  Education Practices Commission shall have the authority to

23  fashion further penalties under the authority of subsection

24  (1) as deemed appropriate when the show cause order is

25  responded to by the individual.

26         Section 17.  Subsection (8) of section 236.081, Florida

27  Statutes, is repealed, and paragraph (d) of subsection (1),

28  paragraphs (a) and (b) of subsection (4), subsection (9), and

29  paragraph (a) of subsection (10) of that section, as amended

30  by chapter 97-380, Laws of Florida, are amended to read:

31


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                                          HB 4837, First Engrossed



  1         236.081  Funds for operation of schools.--If the annual

  2  allocation from the Florida Education Finance Program to each

  3  district for operation of schools is not determined in the

  4  annual appropriations act or the substantive bill implementing

  5  the annual appropriations act, it shall be determined as

  6  follows:

  7         (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR

  8  OPERATION.--The following procedure shall be followed in

  9  determining the annual allocation to each district for

10  operation:

11         (d)  Annual allocation calculation.--

12         1.  The Department of Education is authorized and

13  directed to review all district programs and enrollment

14  projections and calculate a maximum total weighted full-time

15  equivalent student enrollment for each district for the K-12

16  FEFP.

17         2.  Maximum enrollments calculated by the department

18  shall be derived from enrollment estimates used by the

19  Legislature to calculate the FEFP.  If two or more districts

20  enter into an agreement under the provisions of s.

21  230.23(4)(d), after the final enrollment estimate is agreed

22  upon, the amount of FTE specified in the agreement, not to

23  exceed the estimate for the specific program as identified in

24  paragraph (c), may be transferred from the participating

25  districts to the district providing the program.

26         3.  As part of its calculation of each district's

27  maximum total weighted full-time equivalent student

28  enrollment, the department shall establish separate enrollment

29  ceilings for each of two program groups. Group 1 shall be

30  composed of grades K-3, grades 4-8, and grades 9-12. Group 2

31  shall be composed of students in exceptional student education


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                                          HB 4837, First Engrossed



  1  programs, students-at-risk programs, all basic programs other

  2  than the programs in group 1, and all vocational programs in

  3  grades 7-12.

  4         a.  The weighted enrollment ceiling for group 2

  5  programs shall be calculated by multiplying the final

  6  enrollment conference estimate for each program by the

  7  appropriate program weight.  The weighted enrollment ceiling

  8  for program group 2 shall be the sum of the weighted

  9  enrollment ceilings for each program in the program group,

10  plus the increase in weighted full-time equivalent student

11  membership from the prior year for clients of the Department

12  of Children and Family Services and the Department of Juvenile

13  Justice.

14         b.  If, for any calculation of the FEFP, the weighted

15  enrollment for program group 2, derived by multiplying actual

16  enrollments by appropriate program weights, exceeds the

17  enrollment ceiling for that group, the following procedure

18  shall be followed to reduce the weighted enrollment for that

19  group to equal the enrollment ceiling:

20         (I)  The weighted enrollment ceiling for each program

21  in the program group shall be subtracted from the weighted

22  enrollment for that program derived from actual enrollments.

23         (II)  If the difference calculated under

24  sub-sub-subparagraph (I) is greater than zero for any program,

25  a reduction proportion shall be computed for the program by

26  dividing the absolute value of the difference by the total

27  amount by which the weighted enrollment for the program group

28  exceeds the weighted enrollment ceiling for the program group.

29         (III)  The reduction proportion calculated under

30  sub-sub-subparagraph (II) shall be multiplied by the total

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                                          HB 4837, First Engrossed



  1  amount of the program group's enrollment over the ceiling as

  2  calculated under sub-sub-subparagraph (I).

  3         (IV)  The prorated reduction amount calculated under

  4  sub-sub-subparagraph (III) shall be subtracted from the

  5  program's weighted enrollment.  For any calculation of the

  6  FEFP, the enrollment ceiling for group 1 shall be calculated

  7  by multiplying the actual enrollment for each program in the

  8  program group by its appropriate program weight.

  9         c.  For program group 2, the weighted enrollment

10  ceiling shall be a number not less than the sum obtained by:

11         (I)  Multiplying the sum of reported FTE for all

12  programs in the program group that have a cost factor of 1.0

13  or more by 1.0, and

14         (II)  By adding this number to the sum obtained by

15  multiplying the projected FTE for all programs with a cost

16  factor less than 1.0 by the actual cost factor.

17         4.  Following completion of the weighted enrollment

18  ceiling calculation as provided in subparagraph 3., a

19  supplemental capping calculation shall be employed for those

20  districts that are over their weighted enrollment ceiling. For

21  each such district, the total reported unweighted FTE

22  enrollment for group 2 programs shall be compared with the

23  total appropriated unweighted FTE enrollment for group 2

24  programs. If the total reported unweighted FTE for group 2 is

25  greater than the appropriated unweighted FTE, then the excess

26  unweighted FTE up to the unweighted FTE transferred from group

27  2 to group 1 for each district by the Public School FTE

28  Estimating Conference shall be funded at a weight of 1.0 and

29  added to the funded weighted FTE computed in subparagraph 3.

30  This adjustment shall be calculated beginning with the third

31  calculation of the 1998-1999 FEFP.


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                                          HB 4837, First Engrossed



  1         (4)  COMPUTATION OF DISTRICT REQUIRED LOCAL

  2  EFFORT.--The Legislature shall prescribe the aggregate

  3  required local effort for all school districts collectively as

  4  an item in the General Appropriations Act for each fiscal

  5  year. The amount that each district shall provide annually

  6  toward the cost of the Florida Education Finance Program for

  7  kindergarten through grade 12 programs shall be calculated as

  8  follows:

  9         (a)  Estimated taxable value calculations.--

10         1.a.  Not later than 2 working days prior to July 19,

11  the Department of Revenue shall certify to the Commissioner of

12  Education its most recent estimate of the taxable value for

13  school purposes in each school district and the total for all

14  school districts in the state for the current calendar year

15  based on the latest available data obtained from the local

16  property appraisers. Not later than July 19, the commissioner

17  shall compute a millage rate, rounded to the next highest one

18  one-thousandth of a mill, which, when applied to 95 percent of

19  the estimated state total taxable value for school purposes,

20  would generate the prescribed aggregate required local effort

21  for that year for all districts. The commissioner shall

22  certify to each district school board the millage rate,

23  computed as prescribed in this subparagraph, as the minimum

24  millage rate necessary to provide the district required local

25  effort for that year.

26         b.  For the 1997-1998 fiscal year only, the General

27  Appropriations Act may direct the computation of the statewide

28  adjusted aggregate amount for required local effort for all

29  school districts collectively from ad valorem taxes to ensure

30  that no school district's revenue from required local effort

31  millage will produce more than 90 percent of the district's


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                                          HB 4837, First Engrossed



  1  total Florida Education Finance Program calculation, and the

  2  adjustment of the required local effort millage rate of each

  3  district that produces more than 90 percent of its total

  4  Florida Education Finance Program entitlement to a level that

  5  will produce only 90 percent of its total Florida Education

  6  Finance Program entitlement.  This sub-subparagraph is

  7  repealed on July 1, 1998, unless enacted in other legislation.

  8         2.  As revised data are received from property

  9  appraisers, the Department of Revenue shall amend the

10  certification of the estimate of the taxable value for school

11  purposes.  The Commissioner of Education, in administering the

12  provisions of subparagraph (9)(10)(a)2., shall use the most

13  recent taxable value for the appropriate year.

14         (b)  Final calculation.--

15         1.  The Department of Revenue shall, upon receipt of

16  the official final assessed value of property from each of the

17  property appraisers, certify to the commissioner the taxable

18  value total for school purposes in each school district,

19  subject to the provisions of paragraph (d). The commissioner

20  shall use the official final taxable value for school purposes

21  for each school district in the final calculation of the

22  annual K-12 Florida Education Finance Program allocations.

23         2.  For the purposes of this paragraph, the official

24  final taxable value for school purposes shall be the taxable

25  value for school purposes on which the tax bills are computed

26  and mailed to the taxpayers, adjusted to reflect final

27  administrative actions of value adjustment boards and judicial

28  decisions pursuant to part I of chapter 194. By September 1 of

29  each year, the Department of Revenue shall certify to the

30  commissioner the official prior year final taxable value for

31  school purposes. For each county that has not submitted a


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                                          HB 4837, First Engrossed



  1  revised tax roll reflecting final value adjustment board

  2  actions and final judicial decisions, the Department of

  3  Revenue shall certify the most recent revision of the official

  4  taxable value for school purposes. The certified value shall

  5  be the final taxable value for school purposes and no further

  6  adjustments shall be made, except those made pursuant to

  7  subparagraph (9)(10)(a)2.

  8         (8)(9)  QUALITY ASSURANCE GUARANTEE.--The Legislature

  9  may annually in the General Appropriations Act determine a

10  percentage increase in funds per K-12 weighted FTE as a

11  minimum guarantee to each school district. The guarantee shall

12  be calculated from prior year base funding per weighted FTE

13  student which shall include the adjusted FTE dollars as

14  provided in subsection (9)(10), quality guarantee funds, and

15  actual nonvoted discretionary local effort from taxes. From

16  the base funding per weighted FTE, the increase shall be

17  calculated for the current year. The current year funds from

18  which the guarantee shall be determined shall include the

19  adjusted FTE dollars as provided in subsection (9)(10) and

20  potential nonvoted discretionary local effort from taxes. A

21  comparison of current year funds per weighted FTE to prior

22  year funds per weighted FTE shall be computed. For those

23  school districts which have less than the legislatively

24  assigned percentage increase, funds shall be provided to

25  guarantee the assigned percentage increase in funds per

26  weighted FTE student. Should appropriated funds be less than

27  the sum of this calculated amount for all districts, the

28  commissioner shall prorate each district's allocation. This

29  provision shall be implemented to the extent specifically

30  funded.

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                                          HB 4837, First Engrossed



  1         (9)(10)  TOTAL ALLOCATION OF STATE FUNDS TO EACH

  2  DISTRICT FOR CURRENT OPERATION.--The total annual state

  3  allocation to each district for current operation for the K-12

  4  FEFP shall be distributed periodically in the manner

  5  prescribed in the General Appropriations Act.

  6         (a)  The basic amount for current operation for the

  7  K-12 FEFP as determined in subsection (1), multiplied by the

  8  district cost differential factor as determined in subsection

  9  (2), plus the amount for the sparsity supplement as determined

10  in subsection (6), the decline in full-time equivalent

11  students as determined in subsection (7), and the quality

12  assurance guarantee as determined in subsection (8)(9), less

13  the required local effort as determined in subsection (4). If

14  the funds appropriated for the purpose of funding the total

15  amount for current operation as provided in this paragraph are

16  not sufficient to pay the state requirement in full, the

17  department shall prorate the available state funds to each

18  district in the following manner:

19         1.  Determine the percentage of proration by dividing

20  the sum of the total amount for current operation, as provided

21  in this paragraph for all districts collectively, and the

22  total district required local effort into the sum of the state

23  funds available for current operation and the total district

24  required local effort.

25         2.  Multiply the percentage so determined by the sum of

26  the total amount for current operation as provided in this

27  paragraph and the required local effort for each individual

28  district.

29         3.  From the product of such multiplication, subtract

30  the required local effort of each district; and the remainder

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                                          HB 4837, First Engrossed



  1  shall be the amount of state funds allocated to the district

  2  for current operation.

  3         Section 18.  Subsection (1) of section 236.25, Florida

  4  Statutes, is amended to read:

  5         236.25  District school tax.--

  6         (1)  If the district school tax is not provided in the

  7  General Appropriations Act or the substantive bill

  8  implementing the General Appropriations Act, each school board

  9  desiring to participate in the state allocation of funds for

10  current operation as prescribed by s. 236.081(9)(10) shall

11  levy on the taxable value for school purposes of the district,

12  exclusive of millage voted under the provisions of s. 9(b) or

13  s. 12, Art. VII of the State Constitution, a millage rate not

14  to exceed the amount certified by the commissioner as the

15  minimum millage rate necessary to provide the district

16  required local effort for the current year, pursuant to s.

17  236.081(4)(a)1. In addition to the required local effort

18  millage levy, each school board may levy a nonvoted current

19  operating discretionary millage. The Legislature shall

20  prescribe annually in the appropriations act the maximum

21  amount of millage a district may levy. The millage rate

22  prescribed shall exceed zero mills but shall not exceed the

23  lesser of 1.6 mills or 25 percent of the millage which is

24  required pursuant to s. 236.081(4), exclusive of millage

25  levied pursuant to subsection (2).

26         Section 19.  Paragraph (c) of subsection (3) of section

27  229.57, Florida Statutes, is amended to read:

28         229.57  Student assessment program.--

29         (3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner is

30  directed to design and implement a statewide program of

31  educational assessment that provides information for the


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                                          HB 4837, First Engrossed



  1  improvement of the operation and management of the public

  2  schools. The program must be designed, as far as possible, so

  3  as not to conflict with ongoing district assessment programs

  4  and so as to use information obtained from district programs.

  5  Pursuant to the statewide assessment program, the commissioner

  6  shall:

  7         (c)  Develop and implement a student achievement

  8  testing program as part of the statewide assessment program,

  9  to be administered at designated times at the elementary,

10  middle, and high school levels to measure reading, writing,

11  and mathematics.  The testing program must be designed so

12  that:

13         1.  The tests measure student skills and competencies

14  adopted by the state board as specified in paragraph (a).  The

15  tests must measure and report student proficiency levels in

16  reading, writing, and mathematics.  Other content areas may be

17  included as directed by the commissioner.  The commissioner

18  shall provide for the tests to be developed or obtained, as

19  appropriate, through contracts and project agreements with

20  private vendors, public vendors, public agencies,

21  postsecondary institutions, or school districts.  The

22  commissioner shall obtain input with respect to the design and

23  implementation of the testing program from state educators and

24  the public.

25         2.  The tests are criterion-referenced and include, to

26  the extent determined by the commissioner, items that require

27  the student to produce information or perform tasks in such a

28  way that the skills and competencies he or she uses can be

29  measured.

30         3.  Each testing program, whether at the elementary,

31  middle, or high school level, includes a test of writing in


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                                          HB 4837, First Engrossed



  1  which students are required to produce writings which are then

  2  scored by appropriate methods.

  3         4.  A score is designated for each subject area tested,

  4  below which score a student's performance is deemed

  5  inadequate.  The school districts shall provide appropriate

  6  remedial instruction to students who score below these levels.

  7         5.  All 11th grade students take a high school

  8  competency test developed by the state board to test minimum

  9  student performance skills and competencies in reading,

10  writing, and mathematics. The test must be based on the skills

11  and competencies adopted by the state board pursuant to

12  paragraph (a). Upon recommendation of the commissioner, the

13  state board shall designate a passing score for each part of

14  the high school competency test. In establishing passing

15  scores, the state board shall consider any possible negative

16  impact of the test on minority students. The commissioner may

17  establish criteria whereby a student who successfully

18  demonstrates proficiency in either reading or mathematics or

19  both may be exempted from taking the corresponding section of

20  the high school competency test or the college placement test.

21  A student must earn a passing score or have been exempted from

22  on each part of the high school competency test in order taken

23  to qualify for a regular high school diploma. The school

24  districts shall provide appropriate remedial instruction to

25  students who do not pass part of the competency test.

26         6.  Participation in the testing program is mandatory

27  for all students, except as otherwise prescribed by the

28  commissioner.  The commissioner shall recommend rules to the

29  state board for the provision of test adaptations and

30  modifications of procedures as necessary for students in

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                                          HB 4837, First Engrossed



  1  exceptional education programs and for students who have

  2  limited English proficiency.

  3         7.  A student seeking an adult high school diploma must

  4  meet the same testing requirements that a regular high school

  5  student must meet.

  6

  7  The commissioner may design and implement student testing

  8  programs for any grade level and subject area, based on

  9  procedures designated by the commissioner to monitor

10  educational achievement in the state.

11         Section 20.  Paragraph (d) of subsection (5) of section

12  24.121, Florida Statutes, is amended to read:

13         24.121  Allocation of revenues and expenditure of funds

14  for public education.--

15         (5)

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

17  for any purpose from the Educational Enhancement Trust Fund to

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

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

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

21  229.58, Florida Statutes, is amended to read:

22         229.58  District and school advisory councils.--

23         (1)  ESTABLISHMENT.--

24         (a)  The school board shall establish an advisory

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

26  procedures for the election and appointment of advisory

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

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

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

30  principal and an appropriately balanced number of teachers,

31  education support employees, students, parents, and other


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                                          HB 4837, First Engrossed



  1  business and community citizens who are representative of the

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

  3  provided that Vocational-technical center and high school

  4  advisory councils shall include students, and middle and

  5  junior high school advisory councils may include students.

  6  School advisory councils of vocational-technical and adult

  7  education centers are not required to include parents as

  8  members. Council members representing teachers, education

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

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

11  equitable manner as follows:

12         1.  Teachers shall be elected by teachers.

13         2.  Education support employees shall be elected by

14  education support employees.

15         3.  Students shall be elected by students.

16         4.  Parents shall be elected by parents.

17

18  The school board shall establish procedures for use by schools

19  in selecting business and community members. Such procedures

20  shall include means of ensuring wide notice of vacancies and

21  for taking input on possible members from local business,

22  chambers of commerce, community and civic organizations and

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

24  the membership composition of each advisory council.  Should

25  the school board determine that the membership elected by the

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

27  economic community served by the school, the board shall

28  appoint additional members to achieve proper representation.

29  Although schools should be strongly encouraged to establish

30  school advisory councils, any school district that has a

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


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                                          HB 4837, First Engrossed



  1  advisory council which shall include at least one duly elected

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

  3  school advisory councils and district advisory councils, the

  4  term "teacher" shall include classroom teachers, certified

  5  student services personnel, and media specialists.  For

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

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

  8  instructional or administrative personnel pursuant to s.

  9  228.041 and whose duties require 20 or more hours in each

10  normal working week.

11         Section 22.  Paragraph (f) of subsection (3) of section

12  229.591, Florida Statutes, is amended to read:

13         229.591  Comprehensive revision of Florida's system of

14  school improvement and education accountability.--

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

16  toward the following goals:

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

18  postsecondary institutions, and state ensure professional

19  teachers and staff.

20         Section 23.  Deregulated Public Schools.--

21         (1)  PILOT PROGRAM.--To provide public schools the same

22  flexibility and accountability afforded charter schools, pilot

23  programs for deregulated public schools shall be conducted in

24  two large, two medium-sized, and two small school districts.

25  For the 1998-1999 school year, no more than six schools per

26  district, to include no more than two high schools, two middle

27  schools, and two elementary schools, may participate in the

28  flexibility program. The following districts are authorized to

29  conduct pilot program in 1998-1999: Palm Beach, Pinellas,

30  Seminole, Leon, Walton, and Citrus Counties.

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                                          HB 4837, First Engrossed



  1         (2)  PURPOSE.--The purpose of the pilot program for

  2  deregulated public schools shall be to:

  3         (a)  Improve student learning.

  4         (b)  Increase learning opportunities for all students,

  5  with special emphasis on expanded learning experiences for

  6  students who are identified as academically low achieving.

  7         (c)  Encourage the use of different and innovative

  8  learning methods.

  9         (d)  Increase choice of learning opportunities for

10  students.

11         (e)  Establish a new form of accountability for

12  schools.

13         (f)  Require the measurement of learning outcomes and

14  create innovative measurement tools.

15         (g)  Make the school the unit for improvement.

16         (h)  Relieve schools of paperwork and procedures that

17  are required by the state and the district for purposes other

18  than health, safety, equal opportunity, fiscal accountability

19  and documentation of student achievement.

20         (3)  PROPOSAL.--

21         (a)  A proposal to be a deregulated school must be

22  developed by the school principal and the school advisory

23  council. A majority of the members of the school advisory

24  council must approve the proposal, and the principal and the

25  school advisory council chairman must sign the proposal. At

26  least 50 percent of the teachers employed at the school must

27  approve the proposal. The school must conduct a survey to show

28  parental support for the proposal.

29         (b)  A district school board shall receive and review

30  all proposals for a deregulated public school during July and

31  August. A district school board must by a majority vote


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                                          HB 4837, First Engrossed



  1  approve or deny a proposal no later than 30 days after the

  2  proposal is received. If a proposal is denied, the district

  3  school board must, within 10 calendar days, articulate in

  4  writing the specific reasons based upon good cause supporting

  5  its denial of the proposal.

  6         (c)  The Department of Education may provide technical

  7  assistance to an applicant upon written request.

  8         (d)  The terms and conditions for the operation of a

  9  deregulated public school shall be set forth in the proposal.

10  The school district shall not impose unreasonable rules or

11  regulations that violate the intent of giving schools greater

12  flexibility to meet educational goals.

13         (4)  ELIGIBLE STUDENTS.--

14         (a)  A deregulated school shall be open to all students

15  residing in the school's attendance boundaries as determined

16  by the school district.

17         (b)  The deregulated public school shall have maximum

18  flexibility to enroll students under the school district open

19  enrolled plan.

20         (5)  REQUIREMENTS.--Like other public schools, a

21  deregulated public school shall:

22         (a)  Be nonsectarian in its programs, admission

23  policies, employment practices, and operations.

24         (b)  Not charge tuition or fees, except those fees

25  normally charged by other public schools.

26         (c)  Meet all applicable state and local health,

27  safety, and civil rights requirements.

28         (d)  Not violate the antidiscrimination provisions of

29  s. 228.2001.

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                                          HB 4837, First Engrossed



  1         (e)  Be subject to an annual financial audit in a

  2  manner similar to that of other public schools in the

  3  district.

  4         (6)  ELEMENTS OF THE PROPOSAL.--The major issues

  5  involving the operation of a deregulated public school shall

  6  be considered in advance and written into the proposal.

  7         (a)  The proposal shall address, and criteria for

  8  approval of the proposal shall be based, on:

  9         1.  The school's mission and the students to be served.

10         2.  The focus of the curriculum, the instructional

11  methods to be used, and any distinctive instructional

12  techniques to be employed.

13         3.  The current baseline standard of achievement and

14  the outcomes to be achieved and the method of measurement that

15  will be used.

16         4.  The methods used to identify the educational

17  strengths and needs of students and how well educational goals

18  and performance standards are met by students attending the

19  school. Students in deregulated and flexible public schools

20  shall, at a minimum, participate in the statewide assessment

21  program.

22         5.  In secondary schools, a method for  determining

23  that a student has satisfied the requirements for graduation

24  in s. 232.246.

25         6.  A method for resolving conflicts between the school

26  and the district.

27         7.  The admissions procedures and dismissal procedures,

28  including the school's code of student conduct.

29         8.  The ways by which the school's racial/ethnic

30  balance reflects the community it serves or reflects the

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                                          HB 4837, First Engrossed



  1  racial/ethnic range of other public schools in the same school

  2  district.

  3         9.  The financial and administrative management of the

  4  school including a statement of the areas in which the school

  5  will have administrative and fiscal autonomy and the areas in

  6  which the school will follow school district fiscal and

  7  administrative policies.

  8         10.  The manner in which the school will be insured,

  9  including whether or not the school will be required to have

10  liability insurance, and, if so, the terms and conditions

11  thereof and the amounts of coverage.

12         11.  The qualifications to be required of the teachers.

13         (b)  The school shall make annual progress reports to

14  the district, which upon verification shall be forwarded to

15  the Commissioner of Education at the same time as other annual

16  school accountability reports.  The report shall contain at

17  least the following information:

18         1.  The school's progress towards achieving the goals

19  outlined in its proposal.

20         2.  The information required in the annual school

21  report pursuant to section 229.592, Florida Statutes.

22         3.  Financial records of the school, including revenues

23  and expenditures.

24         4.  Salary and benefit levels of school employees.

25         (c)  A school district shall ensure that the proposal

26  is innovative and consistent with the state education goals

27  established by section 229.591, Florida Statutes.

28         (d)  Upon receipt of the annual report required by

29  paragraph (b), the Department of Education shall provide to

30  the State Board of Education, the Commissioner of Education,

31  the President of the Senate, and the Speaker of the House of


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                                          HB 4837, First Engrossed



  1  Representatives with a copy of each report and an analysis and

  2  comparison of the overall performance of students, to include

  3  all students in deregulated public schools whose scores are

  4  counted as part of the norm-referenced assessment tests,

  5  versus comparable public school students in the district as

  6  determined by norm-referenced assessment tests currently

  7  administered in the school district, and, as appropriate, the

  8  Florida Writes Assessment Test, the High School Competency

  9  Test, and other assessments administered pursuant to section

10  229.57(3), Florida Statutes.

11         (7)  EXEMPTION FROM STATUTES.--

12         (a)  A deregulated public school shall operate in

13  accordance with its proposal and shall be exempt from all

14  statutes of the Florida School Code, except those pertaining

15  to civil rights and student health, safety, and welfare, or as

16  otherwise required by this section. A deregulated public

17  school shall not be exempt from the following statutes:

18  chapter 119, relating to public records, and section 286.011,

19  Florida Statutes, relating to public meetings and records,

20  public inspection, and penalties. The school district, upon

21  request of a deregulated public school, may apply to the

22  Commissioner of Education for a waiver of provisions of

23  chapters 230 through 239 which are applicable to deregulated

24  public schools under this section, except that the provisions

25  of chapters 236 or 237 shall not be eligible for waiver if the

26  waiver would affect funding allocations or create inequity in

27  public school funding. The commissioner may grant the waiver

28  if necessary to implement the school program.

29         (b)  Teachers employed by or under contract to a

30  deregulated public school shall be certified as required by

31  chapter 231. A deregulated public school may employ or


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                                          HB 4837, First Engrossed



  1  contract with skilled selected noncertified personnel to

  2  provide instructional services or to assist instructional

  3  staff members as teacher aides in the same manner as defined

  4  in chapter 231. A deregulated public school may not employ an

  5  individual to provide instructional services or to serve as a

  6  teacher aide if the individual's certification or licensure as

  7  an educator is suspended or revoked by this or any other

  8  state. The qualifications of teachers shall be disclosed to

  9  parents.

10         (c)  A deregulated public school shall employ or

11  contract with employees who have been fingerprinted as

12  provided in section 231.02, Florida Statutes.

13         (8)  REVENUE.--Students enrolled in a deregulated

14  public school, shall be funded in a basic program or a special

15  program, in the same manner as students enrolled in other

16  public schools in the school district.

17         (9)  LENGTH OF SCHOOL YEAR.--A deregulated public

18  school shall provide instruction for at least the number of

19  days required by law for other public schools, and may provide

20  instruction for additional days.

21         (10)  FACILITIES.--A deregulated public school shall

22  utilize facilities which comply with the State Uniform

23  Building Code for Public Educational Facilities Construction

24  adopted pursuant to section 235.26, Florida Statutes, or with

25  applicable state minimum building codes pursuant to chapter

26  553 and state minimum fire protection codes pursuant to

27  section 633.025, Florida Statutes, as adopted by the authority

28  in whose jurisdiction the facility is located.

29         Section 24.  Section 231.613, Florida Statutes, is

30  repealed.

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                                          HB 4837, First Engrossed



  1         Section 25.  This act shall take effect upon becoming a

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