House Bill 1867

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    Florida House of Representatives - 2000                HB 1867

        By Representatives Ritchie, Posey, Frankel, Levine,
    Detert, Ogles, Stansel, Cosgrove, Brown, K. Smith, Boyd,
    Kosmas, Henriquez, Sobel, Rayson, Wiles, Fiorentino, C. Green,
    Hill, Chestnut, Futch, Bullard, Wilson, Edwards, Healey,
    (Additional Sponsors on Last Printed Page)


  1                      A bill to be entitled

  2         An act relating to personnel of the school

  3         system; amending s. 24.121, F.S.; providing for

  4         funding of the Project Teach Tuition Stipend

  5         Program from the Educational Enhancement Trust

  6         Fund; creating s. 231.315, F.S.; providing for

  7         the establishment of model peer assistance and

  8         review programs; providing for minimum

  9         standards; providing for technical assistance

10         and allocations; amending s. 231.600, F.S.;

11         including additional professional development

12         activities in the School Community Professional

13         Development Act; requiring an assessment of

14         expenditures for professional development;

15         creating s. 231.64, F.S.; creating the Project

16         Teach Tuition Stipend Program; providing

17         eligibility requirements; providing for funding

18         and distribution of funds; amending s.

19         236.08106, F.S.; providing for a retesting fee

20         and program under the Excellent Teaching

21         Program; amending s. 236.0811, F.S.; providing

22         requirements for educational training for

23         support staff; providing for additional days of

24         inservice training; providing an effective

25         date.

26

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

28

29         Section 1.  Paragraphs (b) and (e) of subsection (5) of

30  section 24.121, Florida Statutes, are amended to read:

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  1         24.121  Allocation of revenues and expenditure of funds

  2  for public education.--

  3         (5)

  4         (b)  Except as provided in paragraphs (c), (d), and

  5  (e), the Legislature shall equitably apportion moneys in the

  6  trust fund among public schools, community colleges, and

  7  universities.

  8         (e)  All components of the Florida Bright Futures

  9  Scholarship Program and the Project Teach Tuition Stipend

10  Program shall be funded annually from the Educational

11  Enhancement Trust Fund. Funds shall be allocated to these

12  programs this program prior to application of the formula for

13  equitable distribution to public schools, community colleges,

14  and state universities. If shortages require reductions in

15  estimated distributions from the Educational Enhancement Trust

16  Fund, funds for the Florida Bright Futures Scholarship Program

17  and the Project Teach Tuition Stipend Program shall be reduced

18  only after reductions in all other distributions are made.

19         Section 2.  Section 231.315, Florida Statutes, is

20  created to read:

21         231.315  Peer assistance and review.--

22         (1)  The Legislature, the education community, and the

23  public expect high standards of professional practice from

24  school administrators and instructional staff. To promote high

25  professional standards, administrators and instructional staff

26  must develop a system of shared accountability. Peer

27  assistance and review is a process in which highly skilled

28  instructional personnel serve in a consulting role with their

29  peers to improve the quality of classroom instruction. Peer

30  assistance and review allows administrators and instructional

31  personnel to share the responsibility of mentoring, training,

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  1  assisting, and reviewing the professional standards and

  2  practices of instructional personnel.

  3         (2)  Peer assistance and review programs must meet the

  4  following minimum standards:

  5         (a)  Program provisions must be developed through the

  6  collective bargaining agreement between the teachers'

  7  association and the school district.

  8         (b)  A joint instructional personnel and school

  9  district governing body must be created with responsibility to

10  review recommendations of the consulting peer instructional

11  personnel.

12         (c)  Consulting peer instructional personnel must be

13  recognized by their peers as highly skilled practitioners and

14  must be selected by their peers.

15         (d)  Consulting peer instructional personnel must be

16  properly compensated and trained.

17         (e)  Consulting peer instructional personnel must

18  provide assistance and review for instructional personnel with

19  the same area of expertise as the consulting peer

20  instructional personnel member.

21         (f)  Consulting peer instructional personnel must not

22  be considered administrative personnel and must retain status

23  within the employees' collective bargaining unit.

24         (3)  For fiscal years 2000-2001 and 2001-2002, up to

25  six school districts may be selected to establish model peer

26  assistance and review programs. At least one district selected

27  must have less than 6,000 students and at least one district

28  selected must have more than 100,000 students. Districts that

29  wish to apply for selection must submit an application to the

30  Department of Education by September 1, 2000, which includes

31  the agreement between the teachers' association and the school

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  1  district. By October 1, 2000, the department shall select the

  2  participating districts based on the quality of their

  3  applications.

  4         (4)  The department shall provide technical assistance

  5  to selected school districts to establish model peer

  6  assistance and review programs.

  7         (5)  The school districts selected to establish model

  8  peer assistance and review programs shall receive an

  9  allocation from the department as established in the General

10  Appropriations Act.

11         (6)  During the 2001-2002 fiscal year, the department

12  shall assess the results of the selected model peer assistance

13  and review programs and shall submit a report to the Governor,

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

15  Representatives by March 1, 2002. The report must include the

16  department's recommendation as to the continuation or

17  expansion of peer assistance and review programs.

18         Section 3.  Subsections (3) and (5) and paragraph (b)

19  of subsection (4) of section 231.600, Florida Statutes, are

20  amended to read:

21         231.600  School Community Professional Development

22  Act.--

23         (3)  The activities designed to implement this section

24  must:

25         (a)  Increase the success of educators in guiding

26  student learning and development and identifying and meeting

27  state standards for student learning so as to implement state

28  and local educational standards, goals, and initiatives.;

29         (b)  Assist the school community in providing

30  stimulating educational activities that encourage and motivate

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  1  students to achieve at the highest levels and to become active

  2  learners.; and

  3         (c)  Provide continuous support as well as temporary

  4  intervention for education professionals who need improvement

  5  in knowledge, skills, and performance.

  6         (d)  Convey to the school community the adopted best

  7  practices for effective teaching.

  8         (e)  Examine elements of successful schools and the

  9  roles of instructional personnel, administrators, parents, and

10  other school community members in those schools.

11         (f)  Encourage instructional personnel to design

12  personal professional development plans to improve

13  professional practice and increase student performance.

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

15  schools, and public colleges and universities share the

16  responsibilities described in this section.  These

17  responsibilities include the following:

18         (b)  Each district school board shall consult with

19  instructional personnel teachers and representatives of

20  college and university faculty, community agencies, and other

21  interested citizen groups to establish policy and procedures

22  to guide the operation of the district professional

23  development program.  The professional development system

24  must:

25         1.  Require that principals and schools use student

26  achievement data, school discipline data, school environment

27  surveys, assessments of parental satisfaction, and other

28  performance indicators to identify school and student needs

29  that can be met by improved professional performance, and

30  assist principals and schools in making these

31  identifications.;

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  1         2.  Provide training activities coupled with followup

  2  support that is appropriate to accomplish district-level and

  3  school-level improvement goals and standards.;

  4         3.  Provide training and other professional development

  5  at the school level which is appropriate to the needs of the

  6  students of the school and consistent with the school

  7  improvement plan.

  8         4.3.  Provide for systematic consultation with regional

  9  and state personnel designated to provide technical assistance

10  and evaluation of local professional development programs.;

11         5.4.  Provide for delivery of professional development

12  by distance learning and other technology-based delivery

13  systems to reach more educators at lower costs.; and

14         6.5.  Continuously evaluate the quality and

15  effectiveness of professional development programs in order to

16  eliminate ineffective programs and strategies and to expand

17  effective ones. Evaluations must consider the impact of such

18  activities on the performance of participating educators and

19  their students' achievement and behavior.

20         (5)  Each district school board shall provide funding

21  for the system as required by s. 236.081, and shall direct

22  expenditures from other funding sources to strengthen the

23  system and make it uniform and coherent.  A school district

24  may coordinate its professional development program with that

25  of another district, with an educational consortium, or with a

26  college or university, especially in preparing and educating

27  personnel. School districts, in coordination with school

28  personnel and the school community, shall develop an ongoing

29  assessment of the effectiveness of current expenditures for

30  professional development with an emphasis on increasing

31  student performance and improving professional performance.

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  1         Section 4.  Section 231.64, Florida Statutes, is

  2  created to read:

  3         231.64  Project Teach Tuition Stipend Program.--

  4         (1)  The Project Teach Tuition Stipend Program is

  5  created to establish a lottery-funded tuition stipend program

  6  for instructional personnel, instructional specialists, and

  7  educational support personnel who enroll in a qualified

  8  education program and who meet the standards of performance as

  9  defined in subsection (4).

10         (2)  The program shall be administered by the school

11  district or other public school where the instructional

12  employee, instructional specialist, or educational support

13  employee is employed. The school district or other public

14  school must advertise the program and its requirements to the

15  eligible school personnel.

16         (3)  To be eligible for the program, an employee must

17  be a full-time instructional employee, instructional

18  specialist, or educational support employee.

19         (4)(a)  Instructional personnel and instructional

20  specialists eligible to receive funds from the program must be

21  enrolled in a qualified program of study which will result in

22  the awarding of an advanced degree in the employee's

23  specialization area or in a program of study which qualifies

24  the employee to teach in a critical teacher shortage area, as

25  defined in s. 231.62. Stipends for tuition and books shall be

26  made for each course included in the qualified program of

27  study.

28         (b)  Educational support personnel eligible to receive

29  funds from the program must be enrolled in a qualified program

30  of study which will result in the awarding of the required

31  degree and certification to teach in Florida. Stipends for

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  1  tuition and books shall be made for each course included in

  2  the qualified program of study.

  3         (c)  An employee receiving stipends from this program

  4  must agree to teach in a Florida public school for at least 2

  5  years after completing the qualified program of study. This

  6  requirement is satisfied if, after 2 years from completion of

  7  the qualified program, an employee has applied for teaching

  8  positions within the employee's school district or school, but

  9  has been unsuccessful in securing a position.

10         (d)  An employee who does not complete the qualified

11  program of study within 5 years after receiving the first

12  tuition stipend award or who does not teach in Florida

13  pursuant to paragraph (c) shall repay to the school district

14  or public school that issued the stipend awards an amount

15  equal to the total stipends the employee received. Any

16  repayment of tuition stipends shall be used to reduce the

17  school district's or school's future distribution of Project

18  Teach Tuition Stipend Program funds from the Department of

19  Education.

20         (5)  Funding for the program must be allocated from the

21  Educational Enhancement Trust Fund in accordance with s.

22  24.121. If allocated funds are not adequate to provide the

23  maximum allowable stipend, stipends must be prorated using the

24  same percentage reduction.

25         (6)  The Department of Education shall distribute funds

26  for the program twice during the fiscal year, by October 1 and

27  March 1. School districts and other eligible public schools

28  shall submit a request for funds on a form approved by the

29  department. Each school district and public school that

30  receives funds from this program shall establish a process

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  1  that documents an employee's eligibility to receive the

  2  stipend.

  3         Section 5.  Subsection (2) of section 236.08106,

  4  Florida Statutes, is amended to read:

  5         236.08106  Excellent Teaching Program.--

  6         (2)  The Excellent Teaching Program is created to

  7  provide categorical funding for monetary incentives and

  8  bonuses for teaching excellence. The Department of Education

  9  shall distribute to each school district or to the NBPTS an

10  amount as prescribed annually by the Legislature for the

11  Excellent Teaching Program. Unless otherwise provided in the

12  General Appropriations Act, each distribution shall be the sum

13  of the amounts earned for the following incentives and

14  bonuses:

15         (a)  A fee subsidy to be paid by the Department of

16  Education to the NBPTS on behalf of each individual who is an

17  employee of a district school board or a public school within

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

19  demonstrated satisfactory teaching performance pursuant to s.

20  231.29 and who satisfies the prerequisites for participating

21  in the NBPTS certification program, and who agrees, in

22  writing, to pay 10 percent of the NBPTS participation fee and

23  to participate in the NBPTS certification program during the

24  school year for which the fee subsidy is provided. The fee

25  subsidy for each eligible participant shall be an amount equal

26  to 90 percent of the fee charged for participating in the

27  NBPTS certification program, but not more than $1,800 per

28  eligible participant. The fee subsidy is a one-time award and

29  may not be duplicated for any individual.

30         (b)  A portfolio-preparation incentive of $150 paid by

31  the Department of Education to each teacher employed by a

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  1  district school board or a public school within a school

  2  district who is participating in the NBPTS certification

  3  program. The portfolio-preparation incentive is a one-time

  4  award paid during the school year for which the NBPTS fee

  5  subsidy is provided.

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

  7  fiscal year's statewide average salary for classroom teachers

  8  to be distributed to the school district to be paid to each

  9  individual who holds NBPTS certification and is employed by

10  the district school board or by a public school within the

11  school district. The district school board shall distribute

12  the annual bonus to each individual who meets the requirements

13  of this paragraph and who is certified annually by the

14  district to have demonstrated satisfactory teaching

15  performance pursuant to s. 231.29. The annual bonus may be

16  paid as a single payment or divided into not more than three

17  payments.

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

19  fiscal year's statewide average salary for classroom teachers

20  to be distributed to the school district to be paid to each

21  individual who meets the requirements of paragraph (c) and

22  agrees, in writing, to provide the equivalent of 12 workdays

23  of mentoring and related services to public school teachers

24  within the district who do not hold NBPTS certification. The

25  district school board shall distribute the annual bonus in a

26  single payment following the completion of all required

27  mentoring and related services for the year. It is not the

28  intent of the Legislature to remove excellent teachers from

29  their assigned classrooms; therefore, credit may not be

30  granted by a school district or public school for mentoring or

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  1  related services provided during the regular school day or

  2  during the 196 days of required service for the school year.

  3         (e)  A retesting fee subsidy equal to the total

  4  retesting fee charged by the NBPTS must be awarded to any

  5  teacher who completed the certification program but failed to

  6  be awarded NBPTS certification and who applies to the NBPTS

  7  for retesting within 3 years after his or her first

  8  participation in the NBPTS certification process.

  9

10  A teacher for whom the state pays the certification fee or

11  retesting fee and who does not complete the certification

12  program or retesting program or does not teach in a public

13  school of this state for at a least 1 year after completing

14  the certification program or retesting program must repay the

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

16  teacher who completes the certification program but fails to

17  be awarded NBPTS certification is not required to repay the

18  amount of the certification fee if the teacher meets the

19  1-year teaching requirement. Repayment is not required of a

20  teacher who does not complete the certification program or

21  fails to fulfill the teaching requirement because of the

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

23  circumstances as determined by the State Board of Education.

24         Section 6.  Paragraph (a) of subsection (2) of section

25  236.0811, Florida Statutes, is amended, and subsection (3) is

26  added to that section, to read:

27         236.0811  Educational training.--

28         (2)(a)1.  Pursuant to rules of the Commissioner of

29  Education, each school board shall develop and annually

30  approve a master plan for inservice educational training. The

31  plan shall include all inservice programs for all district

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  1  employees from all fund sources and shall be updated annually

  2  by September 1 using criteria and procedures for continued

  3  approval as specified by rule of the commissioner.

  4  Verification that the plan meets all requirements of this

  5  section and s. 231.600, where applicable, must be submitted

  6  annually to the commissioner by October 1. The plan must be

  7  based on an assessment of the inservice educational training

  8  needs of the district conducted by a committee that includes

  9  parents, classroom teachers, and other educational personnel.

10  This assessment must identify districtwide inservice needs and

11  the inservice training needs of local schools. The plan must

12  include, at a minimum, the inservice activities that are

13  necessary for implementation of the schools' improvement plans

14  during the current fiscal year. The plan must include, but is

15  not limited to, components addressing:  competencies in the

16  identification, assessment, and prescription of instruction

17  for exceptional students; competencies in the identification,

18  assessment, and prescription of instruction for child abuse

19  and neglect prevention and for substance and alcohol abuse

20  prevention; and competencies in instruction for multicultural

21  sensitivity in the classroom. In addition, the plan must

22  include a component to provide regular training to classroom

23  teachers on advances in the field of normal child development

24  and the disorders of development. The plan must also include

25  components that may be used to satisfy the certification

26  requirements applicable to teachers of students with limited

27  proficiency in English and components that may be used for the

28  renewal of a certificate in each of the following areas: a

29  study of the middle grades, understanding the student in the

30  middle grades, organizing interdisciplinary instruction in the

31  middle grades, developing critical thinking and creative

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  1  thinking in students in the middle grades, counseling

  2  functions of the teacher in the middle grades, developing

  3  creative learning materials for the middle grades, and

  4  planning and evaluating programs in the middle grades. The

  5  plan must include inservice activities for all district

  6  employees from all fund sources.

  7         2.  Classroom teachers and guidance counselors shall be

  8  required to participate in the inservice training for child

  9  abuse and neglect prevention, for alcohol and substance abuse

10  prevention education, and for multicultural sensitivity

11  education, which may include negotiation and conflict

12  resolution training.

13         3.  Training for support staff must emphasize the

14  working partnership of support staff with instructional staff

15  and methods for increasing effectiveness in the instructional

16  process.

17         (3)  In addition to the 196 days of service for

18  10-month personnel, 2 additional days of inservice training

19  must be provided to all instructional personnel and

20  instructional specialists. These 2 days of training should

21  emphasize professional development at the school level which

22  is appropriate to the needs of the students of the school and

23  consistent with the school improvement plan. Compensation for

24  these days must be based on the employee's daily rate of pay

25  and must be contingent upon funding included in the annual

26  General Appropriations Act.

27         Section 7.  This act shall take effect July 1, 2000.

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  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Creates the lottery-funded Project Teach Tuition Stipend
  4    Program for instructional personnel, instructional
      specialists, and educational support personnel. Provides
  5    criteria for eligibility. Provides for the establishment
      of school district model peer assistance and review
  6    programs. Provides additional school district
      professional development activities and requires an
  7    assessment of certain expenditures. Provides for a
      retesting fee and program under the Excellent Teaching
  8    Program. Provides requirements for educational training
      for support staff. Provides for additional days of
  9    inservice training for certain school personnel.

10

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12            *****************************************

13                       ADDITIONAL SPONSORS

14  Wasserman Schultz, Ritter, Jones, Hafner, Lawson, L. Miller,
    A. Greene, Eggelletion, Spratt, Morroni, Bradley, Suarez,
15  Logan, Merchant, Effman and Bush

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