CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Cowin moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Short title.--This act shall be known and

18  may be cited as the "Educators Developing Unequaled Competence

19  Act: Teaching Excellence 2000" or "EDUCATE 2000."

20         Section 2.  Paragraph (e) of subsection (3) of section

21  20.15, Florida Statutes, is amended to read:

22         20.15  Department of Education.--There is created a

23  Department of Education.

24         (3)  DIVISIONS.--The following divisions of the

25  Department of Education are established:

26         (e)  Division of Professional Educators Human Resource

27  Development.

28         Section 3.  Paragraphs (a) and (c) of subsection (5),

29  subsection (15) and paragraph (c) of subsection (16) of

30  section 230.23, Florida Statutes, are amended to read:

31         230.23  Powers and duties of school board.--The school

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





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

 2  perform all duties listed below:

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

 4  prescribe qualifications for those positions, and provide for

 5  the appointment, compensation, promotion, suspension, and

 6  dismissal of employees as follows, subject to the requirements

 7  of chapter 231:

 8         (a)  Positions, qualifications, and appointments.--Act

 9  upon written recommendations submitted by the superintendent

10  of schools for positions to be filled and for minimum

11  qualifications for personnel for the various positions and act

12  upon written nominations of persons to fill such positions.

13  The superintendent of schools' recommendations for filling

14  institutional positions at the school level must consider

15  nominations received from school principals of the respective

16  schools. The district school board may reject for good cause

17  any employee nominated. If the third nomination by the

18  superintendent of schools for any position is rejected for

19  good cause, if the superintendent of schools fails to submit a

20  nomination for initial employment within a reasonable time as

21  prescribed by the district school board, or if the

22  superintendent of schools fails to submit a nomination for

23  reemployment within the time prescribed by law, the district

24  school board may proceed on its own motion to fill such

25  position. The district school board's decision to reject a

26  person's nomination does not give that person a right of

27  action to sue over the rejection and may not be used as a

28  cause of action by the nominated employee.

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

30  schedule or salary schedules designed to furnish incentives

31  for improvement in training and for continued efficient

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  service to be used as a basis for paying all school employees

 2  and fix and authorize the compensation of school employees on

 3  the basis thereof. A district school board, in determining the

 4  salary schedule for instructional personnel, must base a

 5  portion of each employee's compensation on performance

 6  demonstrated under s. 231.29, and must consider the prior

 7  teaching experience of a person who has been designated state

 8  teacher of the year by any state in the United States, and

 9  must consider prior professional experience in the field of

10  education gained in positions in addition to district level

11  instructional and administrative positions. In developing the

12  salary schedule, the district school board shall seek input

13  from parents, teachers, and representatives of the business

14  community. By June 30, 2002, or beginning with the full

15  implementation of an annual assessment of learning gains,

16  whichever occurs later, the salary schedule adopted by the

17  district school board budget must include a reserve to fully

18  fund an additional 5 percent supplement for base at least 5

19  percent of the salary of school administrators and

20  instructional personnel on annual performance measured under

21  s. 231.29. The district's performance-pay policy is subject to

22  negotiation as provided in chapter 447; however, the adopted

23  salary schedule must allow school administrators and

24  instructional personnel employees who demonstrate outstanding

25  performance, as measured under s. 231.29, to earn a 5 percent

26  supplement in addition to of their individual, negotiated

27  salary. The supplements will be funded from the reserve funds

28  adopted in the salary schedule. The Commissioner of Education

29  shall determine whether the district school board's adopted

30  salary schedule complies with the requirement for

31  performance-based pay. If the district school board fails to

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  comply by the required date June 30, 2002, the commissioner

 2  shall withhold disbursements from the Educational Enhancement

 3  Trust Fund to the district until compliance is verified.

 4         (15)  PUBLIC INFORMATION AND PARENTAL INVOLVEMENT

 5  PROGRAM.--

 6         (a)  Adopt procedures whereby the general public can be

 7  adequately informed of the educational programs, needs, and

 8  objectives of public education within the district.

 9         (b)  District school boards shall encourage teachers

10  and administrators to keep parents and guardians informed of

11  student progress, student programs, and availability of

12  resources for academic assistance.

13         (16)  IMPLEMENT SCHOOL IMPROVEMENT AND

14  ACCOUNTABILITY.--Maintain a system of school improvement and

15  education accountability as provided by statute and State

16  Board of Education rule. This system of school improvement and

17  education accountability shall be consistent with, and

18  implemented through, the district's continuing system of

19  planning and budgeting required by this section and ss.

20  229.555 and 237.041. This system of school improvement and

21  education accountability shall include, but is not limited to,

22  the following:

23         (c)  Assistance and intervention.--

24         1.  Develop a 2-year plan of increasing individualized

25  assistance and intervention for each school in danger of not

26  meeting state standards or making adequate progress, as

27  defined pursuant to statute and State Board of Education rule,

28  toward meeting the goals and standards of its approved school

29  improvement plan.

30         2.  A school that is identified as being in performance

31  grade category "D" pursuant to s. 229.57 is in danger of

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  failing and must be provided assistance and intervention.

 2         3.a.  Each district school board shall develop a plan

 3  to encourage teachers with demonstrated mastery in improving

 4  student performance to remain at or transfer to a school

 5  designated as performance grade category "D" or "F" or to an

 6  alternative school that serves disruptive or violent youths.

 7  If a classroom teacher, as defined by s. 228.041(9)(a), who

 8  meets the definition of teaching mastery developed according

 9  to the provisions of this paragraph, requests assignment to a

10  school designated as performance grade category "D" or "F" or

11  to an alternative school that serves disruptive or violent

12  youths, the district school board shall make every practical

13  effort to grant the request.

14         b.  For initial implementation in 2000-2001 and until

15  full implementation of an annual assessment of learning gains,

16  a classroom teacher who is selected by the school principal

17  based on his or her performance appraisal and student

18  achievement data to teach at a school designated as

19  performance grade category "D" or "F" or at an alternative

20  that serves disruptive or violent youths shall receive a

21  supplement of at least $1,000, not to exceed $3,500, as

22  provided for annually in the General Appropriations Act, each

23  year he or she teaches at a school designated as performance

24  grade category "D" or "F" or at an alternative school that

25  serves disruptive or violent youths.

26         c.  Beginning with the full implementation of an annual

27  assessment of learning gains, a classroom teacher whose

28  effectiveness has been proven based upon positive learning

29  gains of his or her students as measured by annual FCAT

30  assessments pursuant to s. 229.57, is eligible for an annual

31  supplement of at least $1,000, not to exceed $3,500, as

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  provided for annually in the General Appropriations Act, each

 2  year he or she teaches at a school designated as performance

 3  grade category "D" or "F" or at an alternative school that

 4  serves disruptive or violent youths.

 5         d.  In the absence of an FCAT assessment, measurement

 6  of learning gains of students shall be as provided in s.

 7  229.57(12). The supplement received under this paragraph shall

 8  be in addition to any supplement or bonus received as a result

 9  of other local or state pay incentives based on performance.

10         e.  The Commissioner of Education shall adopt rules to

11  determine the measures that define "teaching mastery" for

12  purposes of this subparagraph.

13         4.  District school boards are encouraged to prioritize

14  the expenditures of funds received from the supplemental

15  academic instruction categorical fund under s. 236.08104

16  specific appropriation 110A of the General Appropriations Act

17  of fiscal year 1999-2000 to improve student performance in

18  schools that receive a performance grade category designation

19  of "D" or "F."

20         Section 4.  Subsection (6) of section 230.303, Florida

21  Statutes, is amended to read:

22         230.303  Superintendent of schools.--

23         (6)(a)  The Department of Education Florida Council on

24  Educational Management shall provide a leadership development

25  and performance compensation program for superintendents of

26  schools, comparable to chief executive officer development

27  programs for corporate executive officers, to include:

28         1.  A content-knowledge-and-skills phase consisting of:

29  creative leadership models and theory, demonstration of

30  effective practice, simulation exercises and personal skills

31  practice, and assessment with feedback, taught in a

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  professional training setting under the direction of

 2  experienced, successful trainers.

 3         2.  A competency-acquisition phase consisting of

 4  on-the-job application of knowledge and skills for a period of

 5  not less than 6 months following the successful completion of

 6  the content-knowledge-and-skills phase. The

 7  competency-acquisition phase shall be supported by adequate

 8  professional technical assistance provided by experienced

 9  trainers approved by the department Florida Council on

10  Educational Management.  Competency acquisition shall be

11  demonstrated through assessment and feedback.

12         (b)  Upon the successful completion of both phases and

13  demonstrated successful performance, as determined by the

14  department Florida Council on Educational Management, a

15  superintendent of schools shall be issued a Chief Executive

16  Officer Leadership Development Certificate and shall be given

17  an annual performance salary incentive of not less than $3,000

18  or more than $7,500 based upon his or her performance

19  evaluation.

20         (c)  A superintendent of schools' superintendent's

21  eligibility to continue receiving the annual performance

22  salary incentive is contingent upon his or her continued

23  performance assessment and followup training prescribed by the

24  department Florida Council on Educational Management.

25         Section 5.  Section 230.33, Florida Statutes, is

26  amended to read:

27         230.33  Duties and responsibilities of superintendent

28  of schools.--The superintendent of schools shall exercise all

29  powers and perform all duties listed below and elsewhere in

30  the law; provided, that in so doing he or she shall advise and

31  counsel with the district school board. The superintendent of

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  schools shall perform all tasks necessary to make sound

 2  recommendations, nominations, proposals, and reports required

 3  by law to be acted upon by the district school board.  All

 4  such recommendations, nominations, proposals, and reports by

 5  the superintendent of schools shall be either recorded in the

 6  minutes or shall be made in writing, noted in the minutes, and

 7  filed in the public records of the district school board.  It

 8  shall be presumed that, in the absence of the record required

 9  in this paragraph, the recommendations, nominations, and

10  proposals required of the superintendent of schools were not

11  contrary to the action taken by the district school board in

12  such matters.

13         (1)  ASSIST IN ORGANIZATION OF DISTRICT SCHOOL

14  BOARD.--Preside at the organization meeting of the district

15  school board and transmit to the Department of Education,

16  within 2 weeks following such meeting, a certified copy of the

17  proceedings of organization, including the schedule of regular

18  meetings, and the names and addresses of district school

19  officials.

20         (2)  REGULAR AND SPECIAL MEETINGS OF THE DISTRICT

21  SCHOOL BOARD.--Attend all regular meetings of the district

22  school board, call special meetings when emergencies arise,

23  and advise, but not vote, on questions under consideration.

24         (3)  RECORDS FOR THE DISTRICT SCHOOL BOARD.--Keep

25  minutes of all official actions and proceedings of the

26  district school board and keep such other records, including

27  records of property held or disposed of by the district school

28  board, as may be necessary to provide complete information

29  regarding the district school system.

30         (4)  SCHOOL PROPERTY.--Act for the district school

31  board as custodian of school property.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1         (5)  SCHOOL PROGRAM; PREPARE PLANS.--Supervise the

 2  assembling of data and sponsor studies and surveys essential

 3  to the development of a planned school program for the entire

 4  district and prepare and recommend such a program to the

 5  district school board as the basis for operating the district

 6  school system.

 7         (6)  ESTABLISHMENT, ORGANIZATION, AND OPERATION OF

 8  SCHOOLS, CLASSES, AND SERVICES.--Recommend the establishment,

 9  organization, and operation of such schools, classes, and

10  services as are needed to provide adequate educational

11  opportunities for all children in the district.

12         (7)  2ERSONNEL.--Be responsible, as required herein,

13  for directing the work of the personnel, subject to the

14  requirements of chapter 231, and in addition the

15  superintendent of schools shall have the following duties:

16         (a)  Positions, qualifications, and

17  nominations.--Recommend to the district school board duties

18  and responsibilities which need to be performed and positions

19  which need to be filled to make possible the development of an

20  adequate school program in the district; recommend minimum

21  qualifications of personnel for these various positions; and

22  nominate in writing persons to fill such positions. The

23  nominations of persons to fill instructional positions at each

24  of the district's schools must consider recommendations

25  received from principals of the respective schools.

26         (b)  Compensation and salary schedules.--Prepare and

27  recommend to the district school board for adoption a salary

28  schedule or salary schedules. The superintendent of schools

29  must recommend a salary schedule for instructional personnel

30  which bases a portion of each employee's compensation on

31  performance demonstrated under s. 231.29. In developing the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  recommended salary schedule, the superintendent of schools

 2  shall include input from parents, teachers, and

 3  representatives of the business community.

 4         (c)  Contracts and terms of service.--Recommend to the

 5  district school board terms for contracting with employees and

 6  prepare such contracts as are approved.

 7         (d)  Transfer and promotions.--Recommend employees for

 8  transfer and transfer any employee during any emergency and

 9  report the transfer to the district school board at its next

10  regular meeting.

11         (e)  Suspension and dismissal.--Suspend members of the

12  instructional staff and other school employees during

13  emergencies for a period extending to and including the day of

14  the next regular or special meeting of the district school

15  board and notify the district school board immediately of such

16  suspension. When authorized to do so, serve notice on the

17  suspended member of the instructional staff of charges made

18  against him or her and of the date of hearing. Recommend

19  employees for dismissal under the terms prescribed herein.

20         (f)  Direct work of employees and supervise

21  instruction.--Direct or arrange for the proper direction and

22  improvement, under regulations of the district school board,

23  of the work of all members of the instructional staff and

24  other employees of the district school system, and supervise

25  or arrange under rules of the district school board for the

26  supervision of instruction in the district, and take such

27  steps as are necessary to bring about continuous improvement.

28         (8)  CHILD WELFARE.--Recommend plans to the district

29  school board for the proper accounting for all children of

30  school age, for the attendance and control of students pupils

31  at school, for the proper attention to health, safety, and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  other matters which will best promote the welfare of children,

 2  as prescribed in chapter 232. When the superintendent of

 3  schools makes a recommendation for expulsion to the district

 4  school board, he or she shall give written notice to the

 5  student pupil and the student's pupil's parent or guardian of

 6  the recommendation, setting forth the charges against the

 7  student pupil and advising the student pupil and his or her

 8  parent or guardian of the student's pupil's right to due

 9  process as prescribed by ss. 120.569 and 120.57(2). When

10  district school board action on a recommendation for the

11  expulsion of a student pupil is pending, the superintendent of

12  schools may extend the suspension assigned by the principal

13  beyond 10 school days if such suspension period expires before

14  the next regular or special meeting of the district school

15  board.

16         (9)  COURSES OF STUDY AND OTHER INSTRUCTIONAL

17  AIDS.--Recommend such plans for improving, providing,

18  distributing, accounting for, and caring for textbooks and

19  other instructional aids as will result in general improvement

20  of the district school system, as prescribed in chapter 233.

21         (10)  TRANSPORTATION OF STUDENTS PUPILS.--Ascertain

22  which students pupils should be transported to school or to

23  school activities, determine the most effective arrangement of

24  transportation routes to accommodate these students pupils;

25  recommend such routing to the district school board; recommend

26  plans and procedures for providing facilities for the

27  economical and safe transportation of students pupils;

28  recommend such rules and regulations as may be necessary and

29  see that all rules and regulations relating to the

30  transportation of students pupils approved by the district

31  school board, as well as regulations of the state board, are

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  properly carried into effect, as prescribed in chapter 234.

 2         (11)  SCHOOL PLANT.--Recommend plans, and execute such

 3  plans as are approved, regarding all phases of the school

 4  plant program, as prescribed in chapter 235.

 5         (12)  FINANCE.--Recommend measures to the district

 6  school board to assure adequate educational facilities

 7  throughout the district, in accordance with the financial

 8  procedure authorized in chapters 236 and 237 and as prescribed

 9  below:

10         (a)  Plan for operating all schools for minimum

11  term.--Determine and recommend district funds necessary in

12  addition to state funds to provide for at least a 180-day

13  school term or the equivalent on an hourly basis as specified

14  by rules which shall be adopted by the State Board of

15  Education and recommend plans for ensuring the operation of

16  all schools for the term authorized by the district school

17  board.

18         (b)  Annual budget.--Prepare the annual school budget

19  to be submitted to the district school board for adoption

20  according to law and submit this budget, when adopted by the

21  district school board, to the Department of Education on or

22  before the date required by rules of the state board.

23         (c)  Tax levies.--Recommend to the district school

24  board, on the basis of the needs shown by the budget, the

25  amount of district school tax levy necessary to provide the

26  district school funds needed for the maintenance of the public

27  schools; recommend to the district school board the tax levy

28  required on the basis of the needs shown in the budget for the

29  district bond interest and sinking fund of each district; and

30  recommend to the district school board to be included on the

31  ballot at each district millage election the school district

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  tax levies necessary to carry on the school program.

 2         (d)  School funds.--Keep an accurate account of all

 3  funds which should be transmitted to the district school board

 4  for school purposes at various periods during the year and

 5  see, insofar as possible, that these funds are transmitted

 6  promptly; report promptly to the district school board any

 7  delinquencies or delays that occur in making available any

 8  funds that should be made available for school purposes.

 9         (e)  Borrowing money.--Recommend when necessary the

10  borrowing of money as prescribed by law.

11         (f)  Financial records and accounting.--Keep or have

12  kept accurate records of all financial transactions.

13         (g)  Payrolls and accounts.--Maintain accurate and

14  current statements of accounts due to be paid by the district

15  school board; certify these statements as correct; liquidate

16  board obligations in accordance with the official budget and

17  rules of the district school board; and prepare periodic

18  reports as required by rules of the state board, showing

19  receipts, balances, and disbursements to date, and file copies

20  of such periodic reports with the Department of Education.

21         (h)  Bonds for employees.--Recommend the bonds of all

22  school employees who should be bonded in order to provide

23  reasonable safeguards for all school funds or property.

24         (i)  Contracts.--After study of the feasibility of

25  contractual services with industry, recommend to the district

26  school board the desirable terms, conditions, and

27  specifications for contracts for supplies, materials, or

28  services to be rendered and see that materials, supplies, or

29  services are provided according to contract.

30         (j)  Investment policies.--The superintendent of

31  schools shall, after careful examination, recommend policies

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  to the district school board which will provide for the

 2  investment or deposit of school funds not needed for immediate

 3  expenditures which shall earn the maximum possible yield under

 4  the circumstances on such investments or deposits. The

 5  superintendent of schools shall cause to be invested at all

 6  times all school moneys not immediately needed for

 7  expenditures pursuant to the policies of the district school

 8  board.

 9         (k)  Protection against loss.--Recommend programs and

10  procedures to the district school board necessary to protect

11  the school system adequately against loss or damage to school

12  property or against loss resulting from any liability for

13  which the district school board or its officers, agents, or

14  employees may be responsible under law.

15         (l)  Millage elections.--Recommend plans and procedures

16  for holding and supervising all school district millage

17  elections.

18         (m)  Budgets and expenditures.--Prepare, after

19  consulting with the principals of the various schools,

20  tentative annual budgets for the expenditure of district funds

21  for the benefit of public school students pupils of the

22  district.

23         (n)  Bonds.--Recommend the amounts of bonds to be

24  issued in the district and assist in the preparation of the

25  necessary papers for an election to determine whether the

26  proposed bond issue will be approved by the electors; if such

27  bond issue be approved by the electors, recommend plans for

28  the sale of bonds and for the proper expenditure of the funds

29  derived therefrom.

30         (13)  RECORDS AND REPORTS.--Recommend such records as

31  should be kept in addition to those prescribed by rules of the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  state board or by the department; prepare forms for keeping

 2  such records as are approved by the district school board; see

 3  that such records are properly kept; and make all reports that

 4  are needed or required, as follows:

 5         (a)  Forms, blanks, and reports.--Require that all

 6  employees keep accurately all records and make promptly in

 7  proper form all reports required by the school code or by

 8  rules of the state board; recommend the keeping of such

 9  additional records and the making of such additional reports

10  as may be deemed necessary to provide data essential for the

11  operation of the school system; and prepare such forms and

12  blanks as may be required and see that these records and

13  reports are properly prepared.

14         (b)  Reports to the department.--Prepare, for the

15  approval of the district school board, all reports that may be

16  required by law or rules of the state board or of the

17  commissioner to be made to the department and transmit

18  promptly all such reports, when approved, to the department,

19  as required by law.  If any such reports are not transmitted

20  at the time and in the manner prescribed by law or by state

21  board rules, the salary of the superintendent of schools must

22  be withheld until the report has been properly submitted.

23  Unless otherwise provided by regulations of the state board,

24  the annual report on attendance and personnel is due on or

25  before July 1, and the annual school budget and the report on

26  finance are due on the date prescribed by the commissioner.

27         (c)  Failure to make reports; penalty.--Any

28  superintendent of schools who knowingly signs and transmits to

29  any state official a false or incorrect report shall forfeit

30  his or her right to any salary for the period of 1 year from

31  that date.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1         (14)  COOPERATION WITH OTHER AGENCIES.--

 2         (a)  Cooperation with governmental agencies in

 3  enforcement of laws and rules.--Recommend plans for

 4  cooperating with, and, on the basis of approved plans,

 5  cooperate with federal, state, county, and municipal agencies

 6  in the enforcement of laws and rules pertaining to all matters

 7  relating to education and child welfare.

 8         (b)  Cooperation with other local administrators to

 9  achieve the first state education goal.--Cooperate with the

10  district administrator of the Department of Children and

11  Family Services and with administrators of other local public

12  and private agencies to achieve the first state education

13  goal, readiness to start school.

14         (c)  Identifying and reporting names of migratory

15  children, other information.--Recommend plans for identifying

16  and reporting to the Department of Education the name of each

17  child in the school district who qualifies according to the

18  definition of a migratory child, based on Pub. L. No. 95-561,

19  and for reporting such other information as may be prescribed

20  by the department.

21         (15)  ENFORCEMENT OF LAWS AND RULES.--Require that all

22  laws and rules of the state board, as well as supplementary

23  rules of the district school board, are properly observed and

24  report to the district school board any violation that the

25  superintendent of schools does not succeed in having

26  corrected.

27         (16)  COOPERATE WITH DISTRICT SCHOOL BOARD.--Cooperate

28  with the district school board in every manner practicable to

29  the end that the district school system may continuously be

30  improved.

31         (17)  VISITATION OF SCHOOLS.--Visit the schools;

                                  16
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  observe the management and instruction; give suggestions for

 2  improvement; and advise with supervisors, principals,

 3  teachers, patrons, and other citizens with the view of

 4  promoting interest in education and improving the school

 5  conditions of the district.

 6         (18)  CONFERENCES, INSTITUTES, AND STUDY COURSES.--Call

 7  and conduct institutes and conferences with employees of the

 8  district school board, school patrons, and other interested

 9  citizens; organize and direct study and extension courses for

10  employees, advising them as to their professional studies;

11  assist patrons and people generally in acquiring knowledge of

12  the aims, services, and needs of the schools.

13         (19)  PROFESSIONAL AND GENERAL IMPROVEMENT.--Attend

14  such conferences for superintendents of schools as may be

15  called or scheduled by the Department of Education and avail

16  himself or herself of means of professional and general

17  improvement so that he or she may function most efficiently.

18         (20)  RECOMMEND REVOKING CERTIFICATES.--Recommend in

19  writing to the Department of Education the revoking of any

20  certificate for good cause, including a full statement of the

21  reason for the superintendent of schools' superintendents'

22  recommendation.

23         (21)  MAKE RECORDS AVAILABLE TO SUCCESSOR.--Leave with

24  the district school board and make available to his or her

25  successor upon retiring from office a complete inventory of

26  school equipment and other property, together with all

27  official records and such other records as may be needed in

28  supervising instruction and in administering the district

29  school system.

30         (22)  RECOMMEND PROCEDURES FOR INFORMING GENERAL

31  PUBLIC.--Recommend to the district school board procedures

                                  17
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  whereby the general public can be adequately informed of the

 2  educational programs, needs, and objectives of public

 3  education within the district.

 4         (23)  SCHOOL IMPROVEMENT AND ACCOUNTABILITY.--Recommend

 5  procedures for implementing and maintaining a system of school

 6  improvement and education accountability as provided by

 7  statute and State Board of Education rule.

 8         (24)  OTHER DUTIES AND RESPONSIBILITIES.--Perform such

 9  other duties as are assigned to the superintendent of schools

10  by law or by rules of the state board or of the commissioner.

11         Section 6.  Section 231.001, Florida Statutes, is

12  amended to read:

13         231.001  School district personnel policies.--Except as

14  otherwise provided by law or the State Constitution, district

15  school boards may are authorized to prescribe rules governing

16  personnel matters, including the assignment of duties and

17  responsibilities for all district employees.

18         Section 7.  Section 231.002, Florida Statutes, is

19  amended to read:

20         231.002  Teacher quality; legislative findings and

21  purpose.--

22         (1)  The Legislature intends to implement a

23  comprehensive approach to increase students' academic

24  achievement and improve teaching quality. The Legislature

25  recognizes that professional educators shape the future of

26  this state and the nation by developing the knowledge and

27  skills of our future workforce and laying the foundation for

28  good citizenship and full participation in community and civic

29  life. The Legislature also recognizes its critical role in

30  meeting the state's educational goals and preparing all

31  students to achieve at the high levels set by the Sunshine

                                  18
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  State Standards.

 2         (2)  The Legislature further finds that effective

 3  educators are able to do the following:

 4         (a)  Write and speak in a logical and understandable

 5  style, using appropriate grammar and sentence structure, and

 6  demonstrate a command of standard English, enunciation,

 7  clarity of oral directions, and pace and precision in

 8  speaking.

 9         (b)  Read, comprehend, and interpret professional and

10  other written material.

11         (c)  Compute, think logically, and solve problems.

12         (d)  Recognize signs of students' difficulty with the

13  reading and computational process and apply appropriate

14  measures to improve students' reading and computational

15  performance.

16         (e)  Recognize patterns of physical, social, emotional,

17  and intellectual development in students, including

18  exceptional students in the regular classroom.

19         (f)  Recognize and demonstrate awareness of the

20  educational needs of students who have limited proficiency in

21  English and employ appropriate teaching strategies.

22         (g)  Use and integrate appropriate technology in

23  teaching and learning processes and in managing, evaluating,

24  and improving instruction.

25         (h)  Use assessment and other diagnostic strategies to

26  assist the continuous development and acquisition of knowledge

27  and understanding of the learner.

28         (i)  Use teaching and learning strategies that include

29  consideration of each student's learning styles, needs, and

30  background.

31         (j)  Demonstrate the ability to maintain a positive,

                                  19
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  collaborative relationship with students' families to increase

 2  student achievement.

 3         (k)  Recognize signs of tendency toward violence and

 4  severe emotional distress in students and apply techniques of

 5  crisis intervention.

 6         (l)  Recognize signs of alcohol and drug abuse in

 7  students and know how to appropriately work with such students

 8  and seek assistance designed to prevent future abuse.

 9         (m)  Recognize the physical and behavioral indicators

10  of child abuse and neglect and know rights and

11  responsibilities regarding reporting.

12         (n)  Demonstrate the ability to maintain a positive

13  environment in the classroom while achieving order and

14  discipline.

15         (o)  Demonstrate the ability to grade student

16  performance effectively.

17         (p)  Demonstrate knowledge and understanding of the

18  value of, and strategies for, promoting parental involvement

19  in education.

20         (2)  The purpose of this act is to raise standards for

21  certifying professional educators, establish a statewide

22  system for inservice professional development, increase

23  accountability for postsecondary programs that prepare future

24  educators, and increase accountability for administrators who

25  evaluate teacher performance. To further this initiative, the

26  Department of Education must review the provisions of this

27  chapter and related administrative rules governing the

28  certification of individuals who must hold state certification

29  as a condition of employment in any district school system.

30  The purpose of the review is to identify ways to make the

31  certification process more efficient and responsive to the

                                  20
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  needs of district school systems and educators, to maintain

 2  rigorous standards for initial and continuing certification,

 3  and to provide more alternative certification options for

 4  individuals who have specific subject area expertise but have

 5  not completed a standard teacher preparation program. The

 6  department must evaluate the rigor of the assessment

 7  instruments and passing scores required for certification and

 8  should consider components of more rigorous and efficient

 9  certification systems in other states. The department may

10  request assistance from the Education Standards Commission. By

11  January 1, 2000, the department must submit its findings and

12  recommendations for revision of statutes and administrative

13  rules to the presiding officers of the Senate, the House of

14  Representatives, and the State Board of Education.

15         Section 8.  Paragraph (a) of subsection (2) of section

16  231.02, Florida Statutes, is amended to read:

17         231.02  Qualifications of personnel.--

18         (1)  To be eligible for appointment in any position in

19  any district school system, a person shall be of good moral

20  character; shall have attained the age of 18 years, if he or

21  she is to be employed in an instructional capacity; and shall,

22  when required by law, hold a certificate or license issued

23  under rules of the State Board of Education or the Department

24  of Children and Family Services, except when employed pursuant

25  to s. 231.15 or under the emergency provisions of s. 236.0711.

26  Previous residence in this state shall not be required in any

27  school of the state as a prerequisite for any person holding a

28  valid Florida certificate or license to serve in an

29  instructional capacity.

30         (2)(a)  Instructional and noninstructional personnel

31  who are hired to fill positions requiring direct contact with

                                  21
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  students in any district school system or laboratory school

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

 3  taken by an authorized law enforcement officer or an employee

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

 5  These fingerprints shall be submitted to the Department of Law

 6  Enforcement for state processing and to the Federal Bureau of

 7  Investigation for federal processing. The Such new employees

 8  shall be on probationary status pending fingerprint processing

 9  and determination of compliance with standards of good moral

10  character.  Employees found through fingerprint processing to

11  have been convicted of a crime involving moral turpitude shall

12  not be employed in any position requiring direct contact with

13  students.  Probationary employees terminated because of their

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

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

16  district school board or the employee.

17         Section 9.  Section 231.045, Florida Statutes, is

18  amended to read:

19         231.045  Periodic criminal history record checks.--In

20  cooperation with the Florida Department of Law Enforcement,

21  the department may shall have the authority to periodically

22  perform a criminal history record check on individuals who

23  hold a certificate pursuant to s. 231.17.

24         Section 10.  Section 231.085, Florida Statutes, is

25  amended to read:

26         231.085  Duties of principals.--

27         (1)  A district school board shall employ, through

28  written contract, public school principals who shall supervise

29  the operation and management of the schools and property as

30  the district school board determines necessary.

31         (2)  The principal is responsible for recommending to

                                  22
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  the superintendent of schools the employment of instructional

 2  personnel to be assigned to the school to which the principal

 3  is assigned.

 4         (3)  Each principal is responsible for the performance

 5  of all personnel employed by the district school board and

 6  assigned to the school to which the principal is assigned. The

 7  principal shall faithfully and effectively apply the personnel

 8  assessment system approved by the district school board

 9  pursuant to s. 231.29.

10         (4)  Each principal shall assist the teachers within

11  the school to use student assessment data, as measured by

12  student learning gains pursuant to s. 229.57, for

13  self-evaluation.

14         (5)  Each principal shall perform such duties as may be

15  assigned by the superintendent of schools, pursuant to the

16  rules of the district school board.  Such rules shall include,

17  but are not be limited to, rules relating to administrative

18  responsibility, instructional leadership in implementing the

19  Sunshine State Standards and the overall educational program

20  of the school to which the principal is assigned, submission

21  of personnel recommendations to the superintendent of schools,

22  administrative responsibility for records and reports,

23  administration of corporal punishment, and student suspension.

24         (6)  Each principal shall provide leadership in the

25  development or revision and implementation of a school

26  improvement plan, pursuant to s. 230.23(16).

27         (7)  Each principal must make the necessary provisions

28  to ensure that all school reports are accurate and timely, and

29  must provide the necessary training opportunities for staff to

30  accurately report attendance, FTE program participation,

31  student performance, teacher appraisal, and school safety and

                                  23
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  discipline data.

 2         (8)  A principal who fails to comply with this section

 3  shall be ineligible for any portion of the performance pay

 4  policy incentive under s. 230.23(5)(c).

 5         Section 11.  Section 231.0861, Florida Statutes, is

 6  repealed.

 7         Section 12.  Section 231.087, Florida Statutes, is

 8  repealed.

 9         Section 13.  Section 231.09, Florida Statutes, is

10  amended to read:

11         231.09  Duties of instructional personnel.--

12         (1)  The primary duty of instructional personnel is to

13  work diligently and faithfully to help students meet or exceed

14  annual learning goals, to meet state and local achievement

15  requirements, and to master the skills required to graduate

16  from high school prepared for postsecondary education and

17  work. This duty applies to instructional personnel whether

18  they teach or function in a support role.

19         (2)  Members of the instructional staff of the public

20  schools shall perform duties prescribed by rules of the

21  district school board.  The Such rules shall include, but are

22  not be limited to, rules relating to a teacher's duty to help

23  students master challenging standards and meet all state and

24  local requirements for achievement; teaching efficiently and

25  faithfully, using prescribed materials and methods, including

26  technology-based instruction; recordkeeping; and fulfilling

27  the terms of any contract, unless released from the contract

28  by the district school board.

29         Section 14.  Section 231.095, Florida Statutes, is

30  amended to read:

31         231.095  Teachers assigned teaching duties outside

                                  24
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  field in which certified.--When a teacher in a district school

 2  system is assigned teaching duties in a class dealing with

 3  subject matter that is outside the field in which the teacher

 4  is certified, outside the field that was the applicant's minor

 5  field of study, or outside the field in which the applicant

 6  has demonstrated sufficient subject area expertise, the

 7  parents or guardians of all students in the class shall be

 8  notified in writing of such assignment.

 9         Section 15.  Section 231.096, Florida Statutes, is

10  amended to read:

11         231.096  Teacher teaching out-of-field;

12  assistance.--Each district school board shall adopt and

13  implement a plan to assist any teacher teaching out-of-field,

14  and priority consideration in professional development

15  activities shall be given to teachers who are teaching

16  out-of-field. The district school board shall require that

17  such teachers participate in a certification or staff

18  development program designed to provide ensure that the

19  teacher with has the competencies required for the assigned

20  duties. The board-approved assistance plan must include duties

21  of administrative personnel and other instructional personnel

22  to provide ensure that students with receive high-quality

23  instructional services.

24         Section 16.  Section 231.141, Florida Statutes, is

25  amended to read:

26         231.141  Education paraprofessionals.--A district

27  school board may appoint education paraprofessionals to assist

28  members of the instructional staff in carrying out their

29  duties and responsibilities. An education paraprofessional

30  shall not be required to hold a teaching certificate.  An

31  education paraprofessional, while rendering services under the

                                  25
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  supervision of a certified certificated teacher, shall be

 2  accorded the same protection of laws as that accorded the

 3  certified teacher. Paid education paraprofessionals employed

 4  by a district school board shall be entitled to the same

 5  rights as those accorded noninstructional employees of the

 6  district school board.

 7         Section 17.  Subsection (1) of section 231.143, Florida

 8  Statutes, is repealed, subsections (2) through (5) of said

 9  section are renumbered as subsections (1) through (4),

10  respectively, and present subsection (3) of said section is

11  amended to read:

12         231.143  Education paraprofessional career

13  development.--

14         (2)(3)  A district education paraprofessional career

15  development program must include voluntary participation by

16  paraprofessionals in five career development levels.  The

17  district school board shall adopt a procedure for verifying

18  the competency levels of all persons who participate in the

19  career development program and a procedure to determine the

20  outcomes and results of the program and impact on student

21  performance.

22         Section 18.  Subsection (1) and paragraph (a) of

23  subsection (4) of section 231.15, Florida Statutes, are

24  amended to read:

25         231.15  Positions for which certificates required.--

26         (1)  The State Board of Education shall classify school

27  services, designate the certification subject areas, establish

28  competencies, including the use of technology to enhance

29  student learning, and certification requirements for all

30  school-based personnel, and prescribe rules in accordance with

31  which the professional, temporary, and part-time certificates

                                  26
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  shall be issued by the Department of Education to applicants

 2  who meet the standards prescribed by such rules for their

 3  class of service. The rules must allow the holder of a valid

 4  professional certificate to add an area of certification

 5  without completing the associated course requirements if the

 6  certificateholder attains a passing score on an examination of

 7  competency in the subject area to be added, and provides

 8  evidence of at least 2 years of satisfactory performance

 9  evaluations that considered the performance of students taught

10  by the certificateholder. The rules must allow individuals who

11  have specific subject area expertise, but who have not

12  completed a standard teacher preparation program, to

13  participate in a state-approved alternative certification

14  program for a professional certificate. As appropriate, this

15  program must provide for demonstration competencies in lieu of

16  completion of a specific number of college course credit hours

17  in the areas of assessment, communication, critical thinking,

18  human development and learning, classroom management,

19  planning, technology, diversity, teacher responsibility, code

20  of ethics, and continuous professional improvement. The State

21  Board of Education shall consult with the State Board of

22  Independent Colleges and Universities, the State Board of

23  Nonpublic Career Education, the Board of Regents, and the

24  State Board of Community Colleges before adopting any changes

25  to training requirements relating to entry into the

26  profession. This consultation must allow the educational board

27  to provide advice regarding the impact of the proposed changes

28  in terms of the length of time necessary to complete the

29  training program and the fiscal impact of the changes. The

30  educational board must be consulted only when an institution

31  offering the training program falls under its jurisdiction.

                                  27
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  Each person employed or occupying a position as school

 2  supervisor, principal, teacher, library media specialist,

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

 4  the employee serves in an instructional capacity, in any

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

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

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

 8  rendered. However, the state board shall adopt rules

 9  authorizing district school boards to employ selected

10  noncertificated personnel to provide instructional services in

11  the individuals' fields of specialty or to assist

12  instructional staff members as education paraprofessionals.

13         (4)  A commissioned or noncommissioned military officer

14  who is an instructor of junior reserve officer training shall

15  be exempt from requirements for teacher certification, except

16  for the filing of fingerprints pursuant to s. 231.02, if he or

17  she meets the following qualifications:

18         (a)  Is retired from active military duty, pursuant to

19  chapter 102 of Title 10, U.S.C with at least 20 years of

20  service and draws retirement pay or is retired, or transferred

21  to retired reserve status, with at least 20 years of active

22  service and draws retirement pay or retainer pay.

23

24  If such instructor is assigned instructional duties other than

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

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

27  the type of service rendered.

28         Section 19.  Section 231.17, Florida Statutes, is

29  amended to read:

30         (Substantial rewording of section. See

31         s. 231.17, F.S., for present text.)

                                  28
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1         231.17  Teacher certification requirements.--

 2         (1)  APPLICATION.--Each person seeking certification

 3  pursuant to this chapter shall submit a completed application

 4  containing the applicant's social security number to the

 5  Department of Education and remit the fee required pursuant to

 6  s. 231.30 and rules of the State Board of Education. Pursuant

 7  to the federal Personal Responsibility and Work Opportunity

 8  Reconciliation Act of 1996, each party is required to provide

 9  his or her social security number in accordance with this

10  section. Disclosure of social security numbers obtained

11  through this requirement shall be limited to the purpose of

12  administration of the Title IV-D program of the Social

13  Security Act for child support enforcement. Pursuant to s.

14  120.60, the department shall issue within 90 calendar days

15  after the stamped receipted date of the completed application:

16         (a)  A certificate covering the classification, level,

17  and area for which the applicant is deemed qualified; or

18         (b)  An official statement of status of eligibility.

19  The statement of status of eligibility must advise the

20  applicant of any qualifications that must be completed to

21  qualify for certification. Each statement of status of

22  eligibility is valid for 2 years after its date of issuance,

23  except as provided in paragraph (2)(d), and may be reissued

24  for one additional 2-year period if application is made while

25  the initial statement of status of eligibility is valid or

26  within 1 year after the initial statement expires.

27         (2)  ELIGIBILITY CRITERIA.--To be eligible to seek

28  certification pursuant to this chapter, a person must:

29         (a)  Be at least 18 years of age.

30         (b)  File a written statement, under oath, that the

31  applicant subscribes to and will uphold the principles

                                  29
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  incorporated in the Constitution of the United States and the

 2  Constitution of the State of Florida.

 3         (c)  Document receipt of a bachelor's or higher degree

 4  from an accredited institution of higher learning, or a

 5  nonaccredited institution of higher learning that the

 6  Department of Education has identified as having a quality

 7  program resulting in a bachelor's degree, or higher. Each

 8  applicant seeking initial certification must have attained at

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

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

11  the required education by submitting official transcripts from

12  institutions of higher education or by authorizing the direct

13  submission of such official transcripts through established

14  electronic network systems. The bachelor's or higher degree

15  may not be required in areas approved in rule by the state

16  board as nondegreed areas.

17         (d)  Submit to a fingerprint check from the Department

18  of Law Enforcement and the Federal Bureau of Investigation

19  pursuant to s. 231.02. If the fingerprint reports indicate a

20  criminal history or if the applicant acknowledges a criminal

21  history, the applicant's records shall be referred to the

22  Bureau of Educator Standards for review and determination of

23  eligibility for certification. If the applicant fails to

24  provide the necessary documentation requested by the Bureau of

25  Educator Standards within 90 days after the date of the

26  receipt of the certified mail request, the statement of

27  eligibility and pending application shall become invalid.

28         (e)  Be of good moral character.

29         (f)  Be competent and capable of performing the duties,

30  functions, and responsibilities of a teacher.

31         (g) Demonstrate mastery of general knowledge, pursuant

                                  30
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  to subsection (3).

 2         (h) Demonstrate mastery of subject area knowledge,

 3  pursuant to subsection (4).

 4         (i)  Demonstrate mastery of professional preparation

 5  and education competence, pursuant to subsection (5).

 6         (3)  MASTERY OF GENERAL KNOWLEDGE.--

 7         (a)  Before July 1, 2002, acceptable means of

 8  demonstrating mastery of general knowledge are:

 9         1.  Achievement of passing scores on the College Level

10  Academic Skills Test or other basic skills examinations

11  required by state board rule;

12         2.  Achievement of passing scores on another state's

13  general knowledge examinations;

14         3.  A valid standard teaching certificate issued by

15  another state that requires an examination of mastery of

16  general knowledge;

17         4.  A valid standard teaching certificate issued by

18  another state and valid certificate issued by the National

19  Board for Professional Teaching Standards; or

20         5.  A valid standard teaching certificate issued by

21  another state and documentation of 2 years of continuous

22  successful full-time teaching or administrative experience

23  during the 5-year period immediately preceding the date of

24  application for certification.

25         (b)  Beginning July 1, 2002, acceptable means of

26  demonstrating mastery of general knowledge are:

27         1.  Achievement of passing scores on basic skills

28  examination required by state board rule;

29         2.  Achievement of passing scores on the College Level

30  Academic Skills Test earned prior to July 1, 2002;

31         3.  A valid standard teaching certificate issued by

                                  31
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  another state that requires an examination of mastery of

 2  general knowledge;

 3         4.  A valid standard teaching certificate issued by

 4  another state and valid certificate issued by the National

 5  Board for Professional Teaching Standards; or

 6         5.  A valid standard teaching certificate issued by

 7  another state and documentation of 2 years of continuous

 8  successful full-time teaching or administrative experience

 9  during the 5-year period immediately preceding the date of

10  application for certification.

11         (4)  MASTERY OF SUBJECT AREA KNOWLEDGE.--

12         (a)  Before July 1, 2002, acceptable means of

13  demonstrating mastery of subject area knowledge are:

14         1.  Completion of the subject area content requirements

15  specified in state board rule and achievement of passing

16  scores on the National Teachers Examination series, a

17  successor to that series, or other subject area examinations

18  required by state board rule;

19         2.  A valid standard teaching certificate issued by

20  another state that requires an examination of mastery of

21  subject area knowledge;

22         3.  A valid standard teaching certificate issued by

23  another state and valid certificate issued by the National

24  Board for Professional Teaching Standards; or

25         4.  A valid standard teaching certificate issued by

26  another state and documentation of 2 years of continuous

27  successful full-time teaching or administrative experience

28  during the 5-year period immediately preceding the date of

29  application for certification.

30         (b)  Beginning July 1, 2002, acceptable means of

31  demonstrating mastery of subject area knowledge are:

                                  32
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1         1.  Achievement of passing scores on subject area

 2  examinations required by state board rule;

 3         2.  A valid standard teaching certificate issued by

 4  another state that requires an examination of mastery of

 5  subject area knowledge;

 6         3.  A valid standard teaching certificate issued by

 7  another state and valid certificate issued by the National

 8  Board for Professional Teaching Standards; or

 9         4.  A valid standard teaching certificate issued by

10  another state and documentation of 2 years of continuous

11  successful full-time teaching or administrative experience

12  during the 5-year period immediately preceding the date of

13  application for certification.

14         (5)  MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION

15  COMPETENCE.--

16         (a)  Before July 1, 2002, acceptable means of

17  demonstrating mastery of professional preparation and

18  education competence are:

19         1.  Achievement of passing scores on the professional

20  education competency examination required by state board rule,

21  and documentation of one of the following:

22         a.  Completion of an approved teacher preparation

23  program at a postsecondary institution within this state;

24         b.  Successful completion of an approved alternative

25  preparation program, pursuant to paragraph (7)(b); or

26         c.  Completion of professional preparation college

27  courses as specified in state board rule and successful

28  completion of a district professional education competence

29  program pursuant to paragraph (7)(c).

30         2.  A valid standard teaching certificate issued by

31  another state and valid certificate issued by the National

                                  33
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  Board for Professional Teaching Standards; or

 2         3.  A valid standard teaching certificate issued by

 3  another state and documentation of 2 years of continuous

 4  successful full-time teaching or administrative experience in

 5  another state during the 5-year period immediately preceding

 6  the date of application for certification.

 7         (b)  Beginning July 1, 2002, acceptable means of

 8  demonstrating mastery of professional preparation and

 9  education competence are:

10         1.  Completion of an approved teacher preparation

11  program at a postsecondary institution within this state;

12         2.  Completion of a teacher preparation program at a

13  postsecondary institution outside Florida and achievement of

14  passing scores on the professional education competency

15  examination required by state board rule;

16         3.  A valid standard teaching certificate issued by

17  another state that requires an examination of mastery of

18  professional education competence;

19         4.  A valid standard teaching certificate issued by

20  another state and valid certificate issued by the National

21  Board for Professional Teaching Standards;

22         5.  A valid standard teaching certificate issued by

23  another state and documentation of 2 years of continuous

24  successful full-time teaching or administrative experience

25  during the 5-year period immediately preceding the date of

26  application for certification; or

27         6.  Successful completion of the Department of

28  Education's professional preparation and education competency

29  program, outlined in paragraph (7)(a).

30         (6)  TYPES AND TERMS OF CERTIFICATION.--

31         (a)  The Department of Education shall issue a

                                  34
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  professional certificate for a period not to exceed 5 years to

 2  any applicant who meets all the requirements outlined in

 3  subsection (2).

 4         (b)  The department shall issue a temporary certificate

 5  to any applicant who completes the requirements outlined in

 6  paragraphs (2)(a)-(f) and:

 7         1.  Until July 1, 2002, completes the subject area

 8  content requirements specified in state board rule.

 9         2.  Beginning July 1, 2002, completes the subject area

10  content requirements specified in state board rule or achieves

11  a passing score on the subject area examinations required by

12  state board rule.

13         (c)  The department shall issue one nonrenewable 2-year

14  temporary certificate and one nonrenewable 5-year professional

15  certificate to a qualified applicant who holds a bachelor's

16  degree in the area of speech-language impairment to allow for

17  completion of a master's degree program in speech-language

18  impairment.

19

20  Each temporary certificate is valid for 3 school fiscal years

21  and is nonrenewable. However, the requirement in paragraph

22  (2)(g) must be met within one calendar year of the date of

23  employment under the temporary certificate. A school district

24  shall not employ, or continue the employment of, an individual

25  beyond the one calendar year time period who has not met the

26  requirement of paragraph (2)(g). The State Board of Education

27  shall adopt rules to allow the department to extend the

28  validity period of a temporary certificate for 2 years when

29  the requirements for the professional certificate, not

30  including the requirement in paragraph (2)(g), were not

31  completed due to the serious illness or injury of the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  applicant or other extraordinary extenuating circumstances.

 2  The department shall reissue the temporary certificate for 2

 3  additional years upon approval by the Commissioner of

 4  Education. A written request for reissuance of the certificate

 5  shall be submitted by the superintendent of schools, the

 6  governing authority of a developmental research school, the

 7  governing authority of a state-supported school, or the

 8  governing authority of a nonpublic school.

 9         (7)  PROFESSIONAL PREPARATION AND EDUCATION COMPETENCY

10  PROGRAM.--

11         (a)  By July 1, 2002, the Department of Education shall

12  develop and each school district must provide a cohesive

13  competency-based preparation program by which members of a

14  school district's instructional staff may satisfy the mastery

15  of professional preparation and education competence

16  requirements specified in rules of the State Board of

17  Education. Participants must hold a state-issued temporary

18  certificate. The program shall include the following

19  components:

20         1.  A minimum period of initial preparation prior to

21  assuming duties as the teacher of record.

22         2.  An option for collaboration between school

23  districts and other supporting agencies for implementation.

24         3.  Experienced peer mentors.

25         4.  An assessment that provides for:

26         a.  An initial evaluation of each educator's

27  competencies to determine an appropriate individualized

28  professional development plan.

29         b.  A postevaluation to assure successful completion of

30  the program.

31         5.  Content knowledge that includes, but is not limited

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  to, the following:

 2         a.  Requirements specified in state board rule for

 3  professional preparation.

 4         b.  The educator accomplished practices approved by the

 5  state board.

 6         c.  A variety of data indicators for student progress.

 7         d.  Methodologies, including technology-based

 8  methodologies, for teaching subject content that supports the

 9  Sunshine State Standards for students.

10         e.  Techniques for effective classroom management.

11         f.  Techniques and strategies for operationalizing the

12  role of the teacher in assuring a safe learning environment

13  for students.

14         g.  Methodologies for assuring the ability of all

15  students to read, write, and compute.

16         6.  Required achievement of passing scores on the

17  professional education competency examination required by

18  state board rule.

19         (b)  Until July 1, 2002, each school district may

20  develop and maintain an alternative certification program by

21  which members of the district's instructional staff may

22  satisfy the professional education course requirements

23  specified in rules of the state board for issuance of a

24  professional certificate. The state board must adopt, by rule,

25  standards and guidelines for the approval of alternative

26  certification programs. Each approved program must include

27  methods for identifying each applicant's entry-level teaching

28  competencies and must require each applicant to:

29         1.  Have expertise in the subject and meet requirements

30  for specialization in a subject area for which a professional

31  certificate may be issued under this chapter and rules of the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  state board.

 2         2.  Complete training in only those competency areas in

 3  which deficiencies are identified.

 4         3.  Complete the program within 2 years after initial

 5  employment as a member of the district's instructional staff.

 6         4.  Achieve passing scores on the professional

 7  education competency examination required by state board rule.

 8

 9  Each district school board may expend educational training

10  funds provided under ss. 236.081 and 231.600 to implement the

11  provisions of this paragraph. The department must approve

12  programs and systems developed to demonstrate professional

13  preparation and education competence authorized by this

14  paragraph.

15         (c)  Until July 1, 2002, each school district must

16  develop and maintain a system by which members of the

17  district's instructional staff may demonstrate mastery of

18  professional education competence as required by law. Each

19  district's program must be based on classroom application and

20  instructional performance and must include a performance

21  evaluation plan for documenting the demonstration of required

22  professional education competence. Each individual employed as

23  a member of the district's instructional staff must

24  demonstrate such mastery within the first year after

25  employment, unless the individual:

26         1.  Has completed an approved teacher preparation

27  program at a postsecondary institution within this state;

28         2.  Has a valid teaching certificate issued by another

29  state and demonstrated at least 2 years of successful

30  full-time teaching experience in another state; or

31         3.  Is participating in the district's alternate

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  certification program outlined in paragraph (b).

 2

 3  Each district school board may expend educational training

 4  funds provided under ss. 236.081 and 231.600 to implement the

 5  provisions of this paragraph. The department must approve

 6  programs and systems developed to demonstrate professional

 7  education competence authorized by this paragraph.

 8         (8)  EXAMINATIONS.--

 9         (a)  The Commissioner of Education, with the approval

10  of the State Board of Education, may contract for developing,

11  printing, administering, scoring, and appropriate analysis of

12  the written examinations required.

13         (b)  The state board shall, by rule, specify the

14  examination scores that are required for the issuance of a

15  professional certificate and temporary certificate. Such rules

16  must define generic subject area competencies and must

17  establish uniform evaluation guidelines. Individuals who apply

18  for their professional certificate before July 1, 2000, may

19  demonstrate mastery of general knowledge pursuant to the

20  alternative method specified by state board rule which must:

21         1.  Apply only to an applicant who has successfully

22  completed all prerequisites for issuance of the professional

23  certificate, except passing one specific subtest of the

24  College Level Academic Skills Test, and who has taken and

25  failed to achieve a passing score on that subtest at least

26  four times.

27         2.  Require notification from the superintendent of

28  schools of the employing school district, the governing

29  authority of the employing developmental research school, or

30  the governing authority of the employing state-supported

31  school or nonpublic school that the applicant has

                                  39
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  satisfactorily demonstrated mastery of the subject area

 2  covered by that specific subtest through successful experience

 3  in the professional application of generic subject area

 4  competencies and proficient academic performance in that

 5  subject area. The decision of the superintendent of schools or

 6  governing authority shall be based on a review of the

 7  applicant's official academic transcript and notification from

 8  the applicant's principal, a peer teacher, and a

 9  district-level supervisor that the applicant has demonstrated

10  successful professional experience in that subject area.

11         (c)  The state board shall designate the certification

12  areas for subject area examinations. However, until July 1,

13  2002, an applicant may satisfy the subject area and

14  professional education competence testing requirements by

15  attaining scores on corresponding examinations from the

16  National Teachers Examination series, or a successor to that

17  series, that meet standards established by the state board.

18  Until July 1, 2002, the College Level Academic Skills Test, a

19  similar examination approved by the state board, corresponding

20  examinations from the National Teachers Examination series, or

21  other acceptable means pursuant to subsection (3) must be used

22  to demonstrate mastery of general knowledge as required in

23  subsection (2). All required examinations may be taken prior

24  to graduation. An applicant who has passed the reading,

25  writing, and mathematics subtest of the former Florida Teacher

26  Certification Examination or has previously passed the College

27  Level Academic Skills Test is not required to take the College

28  Level Academic Skills Test.

29         (d)  If an applicant takes an examination developed by

30  this state and does not achieve the score necessary for

31  certification, the applicant may review his or her completed

                                  40
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  examination and bring to the attention of the department any

 2  errors that would result in a passing score.

 3         (e)  For any examination developed by this state, the

 4  department and the state board shall maintain confidentiality

 5  of the examination, developmental materials, and workpapers,

 6  which are exempt from s. 119.07(1).

 7         (f)  By July 1, 2002, the examinations used for

 8  demonstration of mastery of general knowledge, professional

 9  education competence, and subject area knowledge shall be

10  aligned with student standards approved by the state board.

11  The delivery system for these examinations shall provide for

12  overall efficiency, user-friendly application, reasonable

13  accessibility to prospective teachers, and prompt attainment

14  of examination results. The examination of competency for

15  demonstration of subject area knowledge shall be sufficiently

16  comprehensive to assess subject matter expertise for

17  individuals who have acquired subject knowledge either through

18  college credit or by other means.

19         (9)  NONCITIZENS.--

20         (a)  The State Board of Education may adopt rules for

21  issuing certificates to noncitizens who are needed to teach

22  and who are legally admitted to the United States through the

23  United States Immigration and Naturalization Service. The

24  filing of a written oath to uphold the principles of the

25  Constitution of the United States and the Constitution of the

26  State of Florida, required under paragraph (2)(b), does not

27  apply to individuals assigned to teach on an exchange basis.

28         (b)  A certificate may not be issued to a citizen of a

29  nation controlled by forces that are antagonistic to

30  democratic forms of government, except to an individual who

31  has been legally admitted to the United States through the

                                  41
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  United States Immigration and Naturalization Service.

 2         (10)  DENIAL OF CERTIFICATE.--

 3         (a)  The Department of Education may deny an applicant

 4  a certificate if the department possesses evidence

 5  satisfactory to it that the applicant has committed an act or

 6  acts, or that a situation exists, for which the Education

 7  Practices Commission would be authorized to revoke a teaching

 8  certificate.

 9         (b)  The decision of the department is subject to

10  review by the Education Practices Commission upon the filing

11  of a written request from the applicant within 20 days after

12  receipt of the notice of denial.

13         (11)  STATE BOARD RULES.--The State Board of Education

14  shall adopt rules as necessary to implement this section.

15         (12)  PRIOR APPLICATION.--Persons who apply for

16  certification are governed by the law and rules in effect at

17  the time of application for issuance of the initial

18  certificate, provided that continuity of certificates is

19  maintained.

20         (13)  PERSONNEL RECORDS.--The Department of Education

21  shall maintain a complete statement of the academic

22  preparation, professional training, and teaching experience of

23  each person to whom a certificate is issued. The applicant or

24  the superintendent of schools shall furnish the information

25  using a format or forms provided by the department.

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

27  Education may make decisions regarding an applicant's

28  certification under extenuating circumstances not otherwise

29  provided for in statute or by rule. However, an applicant for

30  certification approved by the commissioner must possess the

31  credentials, knowledge, and skills necessary to provide

                                  42
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  quality education in the public schools.

 2         (15)  COMPARISON OF ROUTES TO A PROFESSIONAL

 3  CERTIFICATE.--Beginning with the 2003-2004 school year, the

 4  Department of Education shall conduct a longitudinal study to

 5  compare performance of certificateholders who are employed in

 6  Florida school districts. The study shall compare a sampling

 7  of educators who have qualified for a professional certificate

 8  since July 1, 2002, based on the following:

 9         (a)  Graduation from a state-approved teacher

10  preparation program.

11         (b)  Completion of a state-approved professional

12  preparation and education competency program.

13         (c)  A valid standard teaching certificate issued by a

14  state other than Florida.

15

16  The department comparisons shall be made to determine if there

17  is any significant difference in the performance of these

18  groups of teachers, as measured by their students' achievement

19  levels and learning gains as measured by s. 229.57.

20         Section 20.  Section 231.1715, Florida Statutes, is

21  amended to read:

22         231.1715  Confidentiality of examinations.--All

23  examination instruments, including developmental materials and

24  workpapers directly related thereto, which are prepared,

25  prescribed, or administered pursuant to s. ss. 231.087 and

26  231.17 shall be confidential and exempt from the provisions of

27  s. 119.07(1) and from ss. 229.781 and 230.331.  Provisions

28  governing access to, maintenance of, and destruction of such

29  instruments and related materials shall be prescribed by rules

30  of the State Board of Education.

31         Section 21.  Section 231.1725, Florida Statutes, is

                                  43
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  amended to read:

 2         231.1725  Employment of substitute teachers, teachers

 3  of adult education, and nondegreed teachers of career

 4  education, and career specialists; students performing

 5  clinical field experience.--

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

 7  231.15, and 231.17, or any other provision of law or rule to

 8  the contrary, each district school board shall establish the

 9  minimal qualifications for:

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

11  231.47. The qualifications shall require the filing of a

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

13  s. 231.02.

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

15  education programs. The qualifications shall require the

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

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

18  postsecondary instruction may be exempted from this

19  requirement.

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

21  vocational programs. Qualifications shall be established for

22  agriculture, business, health occupations, family and consumer

23  sciences, industrial, marketing, career specialist, and public

24  service education teachers, based primarily on successful

25  occupational experience rather than academic training. The

26  qualifications for such teachers shall require:

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

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

29  to conduct postsecondary instruction may be exempted from this

30  requirement.

31         2.  Documentation of education and successful

                                  44
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  occupational experience including documentation of:

 2         a.  A high school diploma or the equivalent.

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

 4  occupational experience or the equivalent of part-time

 5  experience in the teaching specialization area. Alternate

 6  means of determining successful occupational experience may be

 7  established by the district school board.

 8         c.  Completion of career education training conducted

 9  through the local school district inservice master plan.

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

11  education training in teaching methods, course construction,

12  lesson planning and evaluation, and teaching special needs

13  students. This training may be completed through coursework

14  from a standard institution or an approved district teacher

15  education program.

16         e.  Demonstration of successful teaching performance.

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

18  education teachers who are employed pursuant to this section

19  shall have the same rights and protection of laws as certified

20  teachers.

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

22  teacher preparation program in an institution of higher

23  education which is approved by rules of the State Board of

24  Education and who is jointly assigned by the institution of

25  higher education and a district school board to perform a

26  clinical field experience under the direction of a regularly

27  employed and certified educator shall, while serving such

28  supervised clinical field experience, be accorded the same

29  protection of law as that accorded to the certified educator

30  except for the right to bargain collectively as an employee of

31  the district school board.

                                  45
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1         Section 22.  Section 231.173, Florida Statutes, is

 2  repealed.

 3         Section 23.  Subsections (1) and (2), paragraphs (a)

 4  and (b) of subsection (3), and subsection (5) of section

 5  231.24, Florida Statutes, are amended to read:

 6         231.24  Process for renewal of professional

 7  certificates.--

 8         (1)(a)  School districts in this state shall renew

 9  state-issued professional certificates as follows:

10         1.  Each school district shall renew state-issued

11  professional certificates for individuals who hold a

12  professional certificate by this state and are employed by

13  that district pursuant to criteria established in subsections

14  (2), (3), and (4) and requirements specified in rules of the

15  State Board of Education.

16         2.  The employing school district may charge the

17  individual an application fee not to exceed the amount charged

18  by the Department of Education for such services, including

19  associated late renewal fees.  Each district school board

20  shall transmit monthly to the department a fee in an amount

21  established by the state board $20 for each renewed

22  certificate. The fee shall not exceed the actual cost to cover

23  the costs for maintenance and operation of the statewide

24  certification database and for the actual costs incurred in

25  printing and mailing such renewed certificates.  As defined in

26  current rules of the state board of Education, the department

27  shall contribute a portion of such fee for purposes of funding

28  the Educator Recovery Network established in s. 231.263. The

29  department shall deposit all funds into the Educational

30  Certification Trust Fund for use as specified in s. 231.30.

31         (b)  The department shall renew state-issued

                                  46
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  professional certificates for individuals who are not employed

 2  by a district school board of this state pursuant to criteria

 3  established in subsections (2), (3), and (4) and requirements

 4  specified in rules of the state board of Education.

 5         (2)(a)  All professional certificates, except a

 6  nonrenewable professional certificate, shall be renewable for

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

 8  submission of documentation of completion of the requirements

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

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

11  professional certificate., except that

12         (b)  A teacher with national certification from the

13  National Board for Professional Teaching Standards is deemed

14  to meet state renewal requirements for the life of the

15  teacher's national certificate in the subject shown on the

16  national certificate.

17         (c)  However, If the renewal application form is not

18  received by the department or by the employing school district

19  before the expiration of the professional certificate, the

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

21  submitted before July 1 of the year following expiration of

22  the certificate in order to renew the professional

23  certificate.

24         (d)  The state board shall adopt rules to allow a

25  1-year extension of the validity period of a professional

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

27  extraordinary extenuating circumstances of the applicant. The

28  department shall grant such 1-year extension upon written

29  request by the applicant or by the superintendent of schools

30  of the local school district or the governing authority of a

31  developmental research school, state-supported school, or

                                  47
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  nonpublic school that employs the applicant.

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

 3  following requirements must be met:

 4         (a)  The applicant must earn a minimum of 6 college

 5  credits or 120 inservice points or a combination thereof. For

 6  each area of specialization to be retained on a certificate,

 7  the applicant must earn at least 3 of the required credit

 8  hours or equivalent inservice points in the specialization

 9  area. Education in "clinical educator" training pursuant to s.

10  240.529(5)(b) and credits or points that provide training in

11  the area of exceptional student education, normal child

12  development, and the disorders of development may be applied

13  toward any specialization area. Credits or points that provide

14  training in the areas of drug abuse, child abuse and neglect,

15  strategies in teaching students having limited proficiency in

16  English, or dropout prevention, or training in areas

17  identified in the educational goals and performance standards

18  adopted pursuant to ss. 229.591(3) and 229.592 may be applied

19  toward any specialization area. Credits or points earned

20  through approved summer institutes may be applied toward the

21  fulfillment of these requirements. Inservice points may also

22  be earned by participation in professional growth components

23  approved by the State Board of Education and specified

24  pursuant to s. 231.600 236.0811 in the district's approved

25  master plan for inservice educational training, including, but

26  not limited to, serving as a trainer in an approved teacher

27  training activity, serving on an instructional materials

28  committee or a state board or commission that deals with

29  educational issues, or serving on an advisory council created

30  pursuant to s. 229.58.

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

                                  48
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  points, the applicant may renew a specialization area by

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

 3  completion of the national certification from the National

 4  Board for Professional Teaching Standards in that

 5  specialization area, or by completion of a department approved

 6  summer work program in a business or industry directly related

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

 8  state board shall adopt rules providing for the approval

 9  procedure.

10         (5)  The State Board of Education shall adopt rules to

11  allow the reinstatement of expired professional certificates.

12  The department may reinstate an expired professional

13  certificate within 5 3 years after the date of expiration if

14  the certificateholder:

15         (a)  Submits an application for reinstatement of the

16  expired certificate.

17         (b)  Documents completion of 6 college credits during

18  the 5 years immediately preceding reinstatement of the expired

19  certificate, completion of 120 inservice points, or a

20  combination thereof, in an area specified in paragraph (3)(a).

21         (c)  During the 5 years immediately preceding

22  reinstatement of the certificate, achieves a passing score on

23  the subject area test for each subject to be shown on the

24  reinstated certificate.

25

26  The requirements of this subsection may not be satisfied by

27  subject area tests or college credits completed for issuance

28  of the certificate that has expired.

29         Section 24.  Subsections (1) and (4), paragraph (d) of

30  subsection (7), and subsection (8) of section 231.261, Florida

31  Statutes, are amended to read:

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1         231.261  Education Practices Commission;

 2  organization.--

 3         (1)  There is created The Education Practices

 4  Commission consists, to consist of 17 15 members, including 7

 5  teachers, 5 administrators, and 5 3 lay citizens (of whom 2

 6  shall be former district school board members), appointed by

 7  the State Board of Education from nominations by the

 8  Commissioner of Education and subject to Senate confirmation.

 9  Prior to making nominations, the commissioner shall consult

10  with the teaching and other involved associations in the

11  state. In making nominations, the commissioner shall attempt

12  to achieve equal geographical representation, as closely as

13  possible.

14         (a)  A teacher member, in order to be qualified for

15  appointment:

16         1.  Must be certified to teach in the state.

17         2.  Must be a resident of the state.

18         3.  Must have practiced the profession in this state

19  for at least 5 years immediately preceding the appointment.

20         (b)  A school administrator member, in order to be

21  qualified for appointment:

22         1.  Must have an endorsement on the teaching

23  certificate in the area of school administration or

24  supervision.

25         2.  Must be a resident of the state.

26         3.  Must have practiced the profession as an

27  administrator for at least 5 years immediately preceding the

28  appointment.

29         (c)  The lay members must be residents of the state.

30         (4)  From among its members, the commission shall elect

31  a chair who shall preside over meetings of the commission and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  perform other duties directed by the commission or required by

 2  its duly adopted rules or operating procedures.  School

 3  districts shall be reimbursed for substitute teachers required

 4  to replace commission members, when they are carrying out

 5  their official duties, at a rate established by the school

 6  district for substitute teachers.  The department may is

 7  authorized to reimburse local school districts for

 8  substitutes.

 9         (7)  The duties and responsibilities of the commission

10  are to:

11         (d)  Adopt rules pursuant to ss. 120.536(1) and 120.54

12  to implement provisions of law conferring duties upon it.

13         (8)(a)  The commission shall, from time to time,

14  designate members of the commission to serve on be divided

15  into two panels for the purpose of reviewing and issuing final

16  orders upon cases presented to the commission it.  A case

17  recommended order concerning a complaint against a teacher

18  shall be reviewed and a final order thereon shall be entered

19  acted upon by a panel composed of seven commission members,

20  four of whom shall be teachers, two lay citizens, and one

21  administrator from the commission.  A case recommended order

22  concerning a complaint against an administrator shall be

23  reviewed and a final order theron shall be entered acted upon

24  by a panel composed of seven commission members, four of whom

25  shall be administrators, two lay citizens, and one teacher

26  from the commission.

27         (b)  A majority of quorum of a panel The panels of the

28  commission shall have final agency authority in all cases

29  involving the revocation, and suspension, or other

30  disciplining of certificates of teachers and school

31  administrators.  A majority of the membership of the panel

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  shall constitute a quorum. The district local school board

 2  shall retain the authority to discipline teachers and

 3  administrators pursuant to law.

 4         Section 25.  Paragraphs (a) and (b) of subsection (1)

 5  and subsections (2), (4), and (7) of section 231.262, Florida

 6  Statutes, are amended to read:

 7         231.262  Complaints against teachers and

 8  administrators; procedure; penalties.--

 9         (1)(a)  The Department of Education shall cause to be

10  investigated expeditiously any complaint which is filed before

11  it or which is otherwise called to its attention which, if

12  legally sufficient, contains grounds for the revocation or

13  suspension of a certificate or any other appropriate penalty

14  as set forth in subsection (6). The complaint is legally

15  sufficient if it contains the ultimate facts which show a

16  violation has occurred as provided in s. 231.2615 231.28. The

17  department may investigate or continue to investigate and take

18  appropriate action in a complaint even though the original

19  complainant withdraws the complaint or otherwise indicates a

20  desire not to cause it to be investigated or prosecuted to

21  completion. The department may investigate or continue to

22  investigate and take action on a complaint filed against a

23  person whose teaching certificate has expired if the act or

24  acts which are the basis for the complaint were allegedly

25  committed while that person possessed a teaching certificate.

26         (b)  When an investigation is undertaken, the

27  department shall notify the certificateholder and the

28  superintendent of schools in the district in which the

29  certificateholder is employed and shall inform the

30  certificateholder of the substance of any complaint which has

31  been filed against that certificateholder, unless.  However,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  if the department determines that such notification would be

 2  detrimental to the investigation, in which case the department

 3  may withhold notification.

 4         (2)  The Commissioner of Education shall develop job

 5  specifications for investigative personnel employed by the

 6  department of Education. Such specifications shall be

 7  substantially equivalent to or greater than those job

 8  specifications of investigative personnel employed by the

 9  Department of Business and Professional Regulation. The

10  department may contract with the Department of Business and

11  Professional Regulation for investigations. No person who is

12  responsible for conducting an investigation of a teacher or

13  administrator may prosecute the same case. The department

14  general counsel or members of that staff may conduct

15  prosecutions under this section.

16         (4)  The complaint and all information obtained

17  pursuant to the investigation by the department shall be

18  confidential and exempt from the provisions of s. 119.07(1)

19  until the conclusion of the preliminary investigation of the

20  complaint, or until such time as the preliminary investigation

21  ceases to be active, or until such time as otherwise provided

22  by s. 231.263(6). However, the complaint and all material

23  assembled during the investigation may be inspected and copied

24  by the certificateholder under investigation, or the

25  certificateholder's designee, after the investigation is

26  concluded, but prior to the determination of probable cause by

27  the commissioner. If the preliminary investigation, is

28  concluded with the finding that there is no probable cause to

29  proceed, the complaint and information shall be open

30  thereafter to inspection pursuant to s. 119.07(1). If the

31  preliminary investigation is concluded with the finding that

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  there is probable cause to proceed and a complaint is filed

 2  pursuant to subsection (5), the complaint and information

 3  shall be open thereafter to inspection pursuant to s.

 4  119.97(1). If the preliminary investigation ceases to be

 5  active, the complaint and all such material shall be open

 6  thereafter to inspection pursuant to s. 119.07(1), except as

 7  otherwise provided pursuant to s. 231.263(6)(d). For the

 8  purpose of this subsection, a preliminary investigation shall

 9  be considered active as long as it is continuing with a

10  reasonable, good faith anticipation that an administrative

11  finding will be made in the foreseeable future.

12         (7)  Violations of the provisions of probation shall

13  result in an order to show cause issued by the clerk of the

14  Education Practices Commission. Upon failure of the

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

16  show cause satisfactorily to the Education Practices

17  Commission why a penalty for violating probation should not be

18  imposed, the Education Practices Commission shall impose

19  whatever penalty is appropriate as established in s. 231.2615

20  231.28(6). Any probation period will be tolled when an order

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

22  the Education Practices Commission.

23         Section 26.  Section 231.263, Florida Statutes, is

24  amended to read:

25         231.263  Recovery network program for educators.--

26         (1)  RECOVERY NETWORK ESTABLISHED.--There is created

27  within the Department of Education, to begin on July 1, 1994,

28  a recovery network program to assist educators who are

29  impaired as a result of alcohol abuse, drug abuse, or a mental

30  condition in obtaining treatment to permit their continued

31  contribution to the education profession.  Any person who

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  holds certification issued by the department pursuant to s.

 2  231.17 is eligible for the assistance.

 3         (2)  STAFF.--

 4         (a)  The department shall employ an administrator and

 5  staff as are necessary to be assigned exclusively to the

 6  recovery network program.

 7         (b)  The Commissioner of Education shall establish the

 8  criteria for and appoint the staff of the program.

 9         (c)  The department may contract with other

10  professionals to implement this section.

11         (3)  PURPOSE.--The recovery network program shall

12  assist educators in obtaining treatment and services from

13  approved treatment providers, but each impaired educator must

14  pay for his or her treatment under terms and conditions agreed

15  upon by the impaired educator and the treatment provider.  A

16  person who is admitted to the program must contract with the

17  treatment provider and the program.  The treatment contract

18  must prescribe the type of treatment and the responsibilities

19  of the impaired educator and of the provider and must provide

20  that the impaired educator's progress will be monitored by the

21  program.

22         (4)  APPROVAL OF TREATMENT PROVIDERS.--The recovery

23  network program shall locate, evaluate, and approve qualified

24  treatment providers.

25         (5)  RELATIONSHIP WITH EDUCATION PRACTICES COMMISSION

26  AND DEPARTMENT.--The recovery network program shall operate

27  independently of, but may cooperate with, the Office of

28  Professional Practices Services of the Department of Education

29  and the Education Practices Commission.  A person's

30  participation in the program entitles the commissioner to

31  enter into a deferred prosecution agreement pursuant to s.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  231.262, or such participation may be considered a factor in

 2  mitigation of or a condition of disciplinary action against

 3  the person's certificate by the Education Practices Commission

 4  pursuant to s. 231.2615 231.28.

 5         (6)  PARTICIPATION.--The recovery network program shall

 6  operate independently of employee assistance programs operated

 7  by local school districts, and the powers and duties of school

 8  districts to make employment decisions, including disciplinary

 9  decisions, is not affected except as provided in this section:

10         (a)  A person who is not subject to investigation or

11  proceedings under ss. 231.262 and 231.2615 231.28 may

12  voluntarily seek assistance through a local school district

13  employee assistance program for which he or she is eligible

14  and through the recovery network, regardless of action taken

15  against him or her by a school district. Voluntarily seeking

16  assistance alone does not subject a person to proceedings

17  under ss. 231.262 and 231.2615 231.28.

18         (b)  A person who is subject to investigation or

19  proceedings under ss. 231.262 and 231.2615 231.28 may be

20  required to participate in the program.  The program may

21  approve a local employee assistance program as a treatment

22  provider or as a means of securing a treatment provider.  The

23  program and the local school district shall cooperate so that

24  the person may obtain treatment without limiting the school

25  district's statutory powers and duties as an employer or the

26  disciplinary procedures under ss. 231.262 and 231.2615 231.28.

27         (c)  A person who has not previously been under

28  investigation by the department may be enrolled in a treatment

29  program by the recovery network after an investigation has

30  commenced, if the person:

31         1.  Acknowledges his or her impairment.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1         2.  Agrees to evaluation, as approved by the recovery

 2  network.

 3         3.  Agrees to enroll in an appropriate treatment

 4  program approved by the recovery network.

 5         4.  Executes releases for all medical and treatment

 6  records regarding his or her impairment and participation in a

 7  treatment program to the recovery network, pursuant to 42

 8  U.S.C., s. 290dd-3, and the federal regulations adopted

 9  thereunder.

10         5.  Enters into a deferred prosecution agreement with

11  the commissioner, which provides that no prosecution shall be

12  instituted concerning the matters enumerated in the agreement

13  if the person is properly enrolled in the treatment program

14  and successfully completes the program as certified by the

15  recovery network. The commissioner is under no obligation to

16  enter into a deferred prosecution agreement with the educator,

17  but may do so if he or she determines that it is in the best

18  interest of the educational program of the state.

19         6.  Has not previously entered a substance abuse

20  program.

21         7.  Is not being investigated for any action involving

22  commission of a felony or violent act against another person.

23         8.  Has not had multiple arrests for minor drug use,

24  possession, or abuse of alcohol.

25         (7)  REFERRAL TO NETWORK WHEN NO PROBABLE CAUSE IS

26  DETERMINED.--If a complaint is made to the department against

27  a teacher or an administrator pursuant to s. 231.262 and a

28  finding of no probable cause indicates that no concern other

29  than impairment exists, the department shall inform the person

30  of the availability of assistance provided by the recovery

31  network program.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1         (8)  ADMISSION.--A person who is referred or who

 2  requests admission to the recovery network program shall be

 3  temporarily admitted pending a finding that he or she has:

 4         (a)  Acknowledged his or her impairment problem.

 5         (b)  Agreed to evaluation as approved by the recovery

 6  network program.

 7         (c)  Voluntarily enrolled in an appropriate treatment

 8  program approved by the recovery network program.

 9         (d)  Voluntarily sought agreement from the school

10  district for temporary leave or limitations on the scope of

11  employment if the temporary leave or limitations are included

12  in the treatment provider's recommendations; or voluntarily

13  agreed to pursue the alternative treatment recommended by the

14  treatment provider if the school district does not approve

15  such temporary leave or limitations on the scope of

16  employment.

17         (e)  Executed releases to the recovery network program

18  for all medical and treatment records regarding his or her

19  impairment and participation in a treatment program pursuant

20  to 42 U.S.C. s. 290dd-3 and the federal regulations adopted

21  thereunder.

22         (9)  DISCLOSURE OF MEDICAL RECORDS.--An approved

23  treatment provider must disclose to the recovery network

24  program all information in its possession which relates to a

25  person's impairment and participation in the treatment

26  program.  Information obtained under this subsection is

27  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

28  of the State Constitution.  This exemption is necessary to

29  promote the rehabilitation of impaired educators and to

30  protect the privacy of treatment program participants.  The

31  failure to provide such information to the program is grounds

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  for withdrawal of approval of a treatment provider. Medical

 2  records provided to the program may not be disclosed to any

 3  other person, except as authorized by law.

 4         (10)  DECLARATION OF INELIGIBILITY.--

 5         (a)  A person may be declared ineligible for further

 6  assistance from the recovery network program if he or she does

 7  not progress satisfactorily in a treatment program or leaves a

 8  prescribed program or course of treatment without the approval

 9  of the treatment provider.

10         (b)  The determination of ineligibility must be made by

11  the commissioner in cases referred to him or her by the

12  program administrator. Before referring a case to the

13  commissioner, the administrator must discuss the circumstances

14  with the treatment provider.  The commissioner may direct the

15  Office of Professional Practices Services to investigate the

16  case and provide a report.

17         (c)  If a treatment contract with the program is a

18  condition of a deferred prosecution agreement, and the

19  commissioner determines that the person is ineligible for

20  further assistance, the commissioner may agree to modify the

21  terms and conditions of the deferred prosecution agreement or

22  may issue an administrative complaint, pursuant to s. 231.262,

23  alleging the charges regarding which prosecution was deferred.

24  The person may dispute the determination as an affirmative

25  defense to the administrative complaint by including with his

26  or her request for hearing on the administrative complaint a

27  written statement setting forth the facts and circumstances

28  that show that the determination of ineligibility was

29  erroneous.  If administrative proceedings regarding the

30  administrative complaint, pursuant to ss. 120.569 and 120.57,

31  result in a finding that the determination of ineligibility

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  was erroneous, the person is eligible to participate in the

 2  program. If the determination of ineligibility was the only

 3  reason for setting aside the deferred prosecution agreement

 4  and issuing the administrative complaint and the

 5  administrative proceedings result in a finding that the

 6  determination was erroneous, the complaint shall be dismissed

 7  and the deferred prosecution agreement reinstated without

 8  prejudice to the commissioner's right to reissue the

 9  administrative complaint for other breaches of the agreement.

10         (d)  If a treatment contract with the program is a

11  condition of a final order of the Education Practices

12  Commission, the commissioner's determination of ineligibility

13  constitutes a finding of probable cause that the person failed

14  to comply with the final order.  The commissioner shall issue

15  an administrative complaint, and the case shall proceed under

16  ss. 231.262 and 231.2615 231.28, in the same manner as cases

17  based on a failure to comply with an order of the Education

18  Practices Commission.

19         (e)  If the person voluntarily entered into a treatment

20  contract with the program, the commissioner shall issue a

21  written notice stating the reasons for the determination of

22  ineligibility. Within 20 days after the date of such notice,

23  the person may contest the determination of ineligibility

24  pursuant to ss. 120.569 and 120.57.

25         (11)  MEDICAL RECORDS RELEASE.--Medical records

26  released pursuant to paragraph (8)(e) may be disclosed to the

27  commissioner, the Office of Professional Practices Services,

28  and the Education Practices Commission only as required for

29  purposes of this section, or as otherwise authorized by law.

30  Further disclosure or release of the medical records may not

31  be made except as authorized by law and in accordance with 42

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  U.S.C. s. 290dd-2 and the federal regulations adopted

 2  thereunder.  The medical records are confidential and exempt

 3  from s. 119.07(1) and s. 24(a), Art. I of the State

 4  Constitution.

 5         (12)  FEES.--The State Board of Education shall include

 6  in the fees established pursuant to s. 231.30 an amount

 7  sufficient to implement the provisions of this section.  The

 8  state board shall by rule establish procedures and additional

 9  standards for:

10         (a)  Approving treatment providers, including

11  appropriate qualifications and experience, amount of

12  reasonable fees and charges, and quality and effectiveness of

13  treatment programs provided.

14         (b)  Admitting eligible persons to the program.

15         (c)  Evaluating impaired persons by the recovery

16  network program.

17         Section 27.  Section 231.28, Florida Statutes, is

18  renumbered as section 231.2615, Florida Statutes, and amended

19  to read:

20         231.2615 231.28  Education Practices Commission;

21  authority to discipline.--

22         (1)  The Education Practices Commission may shall have

23  authority to suspend the teaching certificate of any person as

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

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

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

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

28  certificate of any person, thereby denying that person the

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

30  with reinstatement subject to the provisions of subsection

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





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

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

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

 4  provided it can be shown that the such person:

 5         (a)  Obtained the teaching certificate by fraudulent

 6  means.;

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

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

 9  to teach in or to operate a private school.;

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

11  involving moral turpitude.;

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

13  state.;

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

15  any other criminal charge, other than a minor traffic

16  violation.;

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

18  personal conduct which seriously reduces that person's

19  effectiveness as an employee of the district school board.;

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

21  231.36(2).;

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

23  the Education Practices Commission to suspend the certificate

24  as a result of a delinquent child support obligation.;

25         (i)  Has violated the Principles of Professional

26  Conduct for the Education Profession prescribed by State Board

27  of Education rules.;

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

29  penalty for which is the revocation of the teaching

30  certificate.; or

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  Commission.

 2         (2)  The plea of guilty in any court, the decision of

 3  guilty by any court, the forfeiture by the teaching

 4  certificateholder of a bond in any court of law, or the

 5  written acknowledgment, duly witnessed, of offenses listed in

 6  subsection (1) to the superintendent of schools or a duly

 7  appointed representative or to the district school board shall

 8  be prima facie proof of grounds for revocation of the

 9  certificate as listed in subsection (1) in the absence of

10  proof by the certificateholder that the plea of guilty,

11  forfeiture of bond, or admission of guilt was caused by

12  threats, coercion, or fraudulent means.

13         (3)  The revocation by the Education Practices

14  Commission of a teaching certificate of any person

15  automatically revokes any and all Florida teaching

16  certificates held by that person.

17         (4)(a)  A teaching certificate which has been suspended

18  under this section is automatically reinstated at the end of

19  the suspension period, provided the such certificate did not

20  expire during the period of suspension.  If the certificate

21  expired during the period of suspension, the holder of the

22  former certificate may secure a new certificate by making

23  application therefor and by meeting the certification

24  requirements of the state board current at the time of the

25  application for the new certificate.  A teaching certificate

26  suspended pursuant to a court order for a delinquent child

27  support obligation may only be reinstated upon notice from the

28  court that the party has complied with the terms of the court

29  order.

30         (b)  A person whose teaching certificate has been

31  revoked under this section may apply for a new certificate at

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  the expiration of that period of ineligibility fixed by the

 2  Education Practices Commission by making application therefor

 3  and by meeting the certification requirements of the state

 4  board current at the time of the application for the new

 5  certificate.

 6         (5)  Each district superintendent of schools and the

 7  governing authority of each developmental research school,

 8  state-supported school, or nonpublic school shall report to

 9  the department the name of any person certified pursuant to

10  this chapter or employed and qualified pursuant to s.

11  231.1725:

12         (a)  Who has been convicted of, or who has pled nolo

13  contendere to, a misdemeanor, felony, or any other criminal

14  charge, other than a minor traffic infraction;

15         (b)  Who that official has reason to believe has

16  committed or is found to have committed any act which would be

17  a ground for revocation or suspension under subsection (1); or

18         (c)  Who has been dismissed or severed from employment

19  because of conduct involving any immoral, unnatural, or

20  lascivious act.

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

22  settlement agreement enforced by a final order of the

23  Education Practices Commission, an order to show cause may be

24  issued by the clerk of the commission. The order shall require

25  the individual to appear before the commission to show cause

26  why further penalties should not be levied against the

27  individual's certificate pursuant to the authority provided to

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

29  Education Practices Commission may shall have the authority to

30  fashion further penalties under the authority of subsection

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  responded to by the individual.

 2         (b)  The Education Practices Commission shall issue a

 3  final order revoking an individual's Florida educator's

 4  certificate for a minimum of 1 year under the following

 5  circumstances:

 6         1.  If the individual:

 7         a.  Has been found to have violated the provisions of

 8  this section, such that the Education Practices Commission has

 9  the authority to discipline the individual's Florida

10  educator's certificate on two separate occasions;

11         b.  Has twice entered into a settlement agreement

12  enforced by a final order of the Education Practices

13  Commission; or

14         c.  Has been found to have violated the provisions of

15  this section, such that the Education Practices Commission has

16  the authority to discipline the individual's Florida

17  educator's certificate on one occasion and entered into a

18  settlement agreement enforced by a final order of the

19  Education Practices Commission on one occasion; and

20         2.  A third finding of probable cause and a finding

21  that the allegations are proven or admitted to is subsequently

22  found by the Commissioner of Education.

23

24  If, in the third instance, the individual enters into a

25  settlement agreement with the Department of Education, that

26  agreement shall also include a penalty revoking that

27  individual's Florida educator's certificate for a minimum of 1

28  year.

29         Section 28.  Section 231.29, Florida Statutes, is

30  amended to read:

31         231.29  Assessment procedures and criteria.--

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1         (1)  For the purpose of improving the quality of

 2  instructional, administrative, and supervisory services in the

 3  public schools of the state, the superintendent of schools

 4  shall establish procedures for assessing the performance of

 5  duties and responsibilities of all instructional,

 6  administrative, and supervisory personnel employed by the

 7  school district. The Department of Education must approve each

 8  district's instructional personnel assessment system.

 9         (2)  The following conditions must be considered in the

10  design of the district's instructional personnel assessment

11  system:

12         (a)  The system must be designed to support district

13  and school level improvement plans.

14         (b)  The system must provide appropriate instruments,

15  procedures, and criteria for continuous quality improvement of

16  the professional skills of instructional personnel.

17         (c)  The system must include a mechanism to give

18  parents an opportunity to provide input into employee

19  performance assessments when appropriate.

20         (d)  In addition to addressing generic teaching

21  competencies, districts must determine those teaching fields

22  for which special procedures and criteria will be developed.

23         (e)  Each district school board may establish a peer

24  assistance process. The plan may provide a mechanism for

25  assistance of persons who are placed on performance probation

26  as well as offer assistance to other employees who request it.

27         (f)  The district school board shall provide training

28  programs that are based upon guidelines provided by the

29  Department of Education to ensure that all individuals with

30  evaluation responsibilities understand the proper use of the

31  assessment criteria and procedures.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1         (3)  The assessment procedure for instructional

 2  personnel and school administrators must be primarily based on

 3  the performance of students assigned to their classrooms or

 4  schools, as appropriate. The procedures must comply with, but

 5  are need not be limited to, the following requirements:

 6         (a)  An assessment must be conducted for each employee

 7  at least once a year. The assessment must be based upon sound

 8  educational principles and contemporary research in effective

 9  educational practices. Beginning with the full implementation

10  of an annual assessment of learning gains, the assessment must

11  primarily use data and indicators of improvement in student

12  performance assessed annually as specified in s. 229.57 and

13  may consider results of peer reviews in evaluating the

14  employee's performance. Student performance must be measured

15  by state assessments required under s. 229.57 and by local

16  assessments for subjects and grade levels not measured by the

17  state assessment program. The assessment criteria must

18  include, but are not limited to, indicators that relate to the

19  following:

20         1.  Performance of students.

21         2.  Ability to maintain appropriate discipline.

22         3.  Knowledge of subject matter. The district school

23  board shall make special provisions for evaluating teachers

24  who are assigned to teach out-of-field.

25         4.  Ability to plan and deliver instruction, including

26  the use of technology in the classroom.

27         5.  Ability to evaluate instructional needs.

28         6.  Ability to establish and maintain a positive

29  collaborative relationship with students' families to increase

30  student achievement.

31         7.  Other professional competencies, responsibilities,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  and requirements as established by rules of the State Board of

 2  Education and policies of the district school board.

 3         (b)  All personnel must be fully informed of the

 4  criteria and procedures associated with the assessment process

 5  before the assessment takes place.

 6         (c)  The individual responsible for supervising the

 7  employee must assess the employee's performance. The evaluator

 8  must submit a written report of the assessment to the

 9  superintendent of schools for the purpose of reviewing the

10  employee's contract. If the employee is assigned to a school

11  designated in performance grade category "D" or "F" and was

12  rated unsatisfactory on any function related to the employee's

13  instructional or administrative duties, the superintendent of

14  schools, in consultation with the employee's evaluator, shall

15  review the employee's performance assessment. If the

16  superintendent of schools determines that the lack of general

17  knowledge, subject area expertise, or other professional

18  competencies contributed to the employee's unsatisfactory

19  performance, the superintendent of schools shall notify the

20  district school board of that determination.  The district

21  school board shall require those employees, as part of their

22  performance probation, to take and receive a passing score on

23  a test of general knowledge, subject area expertise, or

24  professional competencies, whichever is appropriate.  The

25  tests required by this paragraph shall be those required for

26  certification under this chapter and rules of the State Board

27  of Education.  The evaluator must submit the written report to

28  the employee no later than 10 days after the assessment takes

29  place.  The evaluator must discuss the written report of

30  assessment with the employee. The employee shall have the

31  right to initiate a written response to the assessment, and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  the response shall become a permanent attachment to his or her

 2  personnel file.

 3         (d)  If an employee is not performing his or her duties

 4  in a satisfactory manner, the evaluator shall notify the

 5  employee in writing of such determination. The notice must

 6  describe such unsatisfactory performance and include notice of

 7  the following procedural requirements:

 8         1.  Upon delivery of a notice of unsatisfactory

 9  performance, the evaluator must confer with the employee, make

10  recommendations with respect to specific areas of

11  unsatisfactory performance, and provide assistance in helping

12  to correct deficiencies within a prescribed period of time.

13         2.a.  If the employee holds a professional service

14  contract as provided in s. 231.36, the employee shall be

15  placed on performance probation and governed by the provisions

16  of this section for 90 calendar days following the receipt of

17  the notice of unsatisfactory performance to demonstrate

18  corrective action. School holidays and school vacation periods

19  are not counted when calculating the 90-calendar-day period.

20  During the 90 calendar days, the employee who holds a

21  professional service contract must be evaluated periodically

22  and apprised of progress achieved and must be provided

23  assistance and inservice training opportunities to help

24  correct the noted performance deficiencies. At any time during

25  the 90 calendar days, the employee who holds a professional

26  service contract may request a transfer to another appropriate

27  position with a different supervising administrator; however,

28  a transfer does not extend the period for correcting

29  performance deficiencies.

30         b.  Within 14 days after the close of the 90 calendar

31  days, the evaluator must assess whether the performance

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  deficiencies have been corrected and forward a recommendation

 2  to the superintendent of schools. Within 14 days after

 3  receiving the evaluator's recommendation, the superintendent

 4  of schools must notify the employee who holds a professional

 5  service contract in writing whether the performance

 6  deficiencies have been satisfactorily corrected and whether

 7  the superintendent of schools will recommend that the district

 8  school board continue or terminate his or her employment

 9  contract. If the employee wishes to contest the superintendent

10  of schools' superintendent's recommendation, the employee

11  must, within 15 days after receipt of the superintendent of

12  schools' superintendent's recommendation, submit a written

13  request for a hearing. The Such hearing shall be conducted at

14  the district school board's election in accordance with one of

15  the following procedures:

16         (I)  A direct hearing conducted by the district school

17  board within 60 days after receipt of the written appeal. The

18  hearing shall be conducted in accordance with the provisions

19  of ss. 120.569 and 120.57. A majority vote of the membership

20  of the district school board shall be required to sustain the

21  superintendent of schools' superintendent's recommendation.

22  The determination of the district school board shall be final

23  as to the sufficiency or insufficiency of the grounds for

24  termination of employment; or

25         (II)  A hearing conducted by an administrative law

26  judge assigned by the Division of Administrative Hearings of

27  the Department of Management Services. The hearing shall be

28  conducted within 60 days after receipt of the written appeal

29  in accordance with chapter 120. The recommendation of the

30  administrative law judge shall be made to the district school

31  board. A majority vote of the membership of the district

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  school board shall be required to sustain or change the

 2  administrative law judge's recommendation. The determination

 3  of the district school board shall be final as to the

 4  sufficiency or insufficiency of the grounds for termination of

 5  employment.

 6         (4)  The superintendent of schools shall notify the

 7  department of any instructional personnel who receive two

 8  consecutive unsatisfactory evaluations and who have been given

 9  written notice by the district that their employment is being

10  terminated or is not being renewed or that the school board

11  intends to terminate, or not renew, their employment.  The

12  department shall conduct an investigation to determine whether

13  action shall be taken against the certificateholder pursuant

14  to s. 231.2615 231.28(1)(b).

15         (5)  The superintendent of schools shall develop a

16  mechanism for evaluating the effective use of assessment

17  criteria and evaluation procedures by administrators who are

18  assigned responsibility for evaluating the performance of

19  instructional personnel. The use of the assessment and

20  evaluation procedures shall be considered as part of the

21  annual assessment of the administrator's performance. The

22  system must include a mechanism to give parents and teachers

23  an opportunity to provide input into the administrator's

24  performance assessment, when appropriate.

25         (6)  Nothing in this section shall be construed to

26  grant a probationary employee a right to continued employment

27  beyond the term of his or her contract.

28         (7)  The district school board shall establish a

29  procedure annually reviewing instructional personnel

30  assessment systems to determine compliance with this section.

31  All substantial revisions to an approved system must be

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  reviewed and approved by the district school board before

 2  being used to assess instructional personnel.  Upon request by

 3  a school district, the department shall provide assistance in

 4  developing, improving, or reviewing an assessment system.

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

 6  pursuant to ss. 120.536(1) and 120.54, that establish uniform

 7  guidelines for the submission, review, and approval of

 8  district procedures for the annual assessment of instructional

 9  personnel and that include criteria for evaluating

10  professional performance.

11         Section 29.  Subsection (3) of section 231.2905,

12  Florida Statutes, is amended to read:

13         231.2905  Florida School Recognition Program.--

14         (3)  All selected schools shall receive financial

15  awards depending on the availability of funds appropriated and

16  the number and size of schools selected to receive an award.

17  Funds must be distributed to the school's fiscal agent and

18  placed in the school's account and must be used as determined

19  by the school's staff and school advisory council for

20  nonrecurring bonuses to the faculty and staff or for

21  nonrecurring expenditures for educational equipment or

22  materials or temporary personnel for the school to assist in

23  maintaining and improving student performance.

24  Notwithstanding statutory provisions to the contrary,

25  incentive awards are not subject to collective bargaining.

26         Section 30.  Subsection (1) of section 231.30, Florida

27  Statutes, is amended to read:

28         231.30  Certification fees.--

29         (1)  The State Board of Education, by rule, shall

30  establish separate fees for applications, examinations,

31  certification, certification renewal, late renewal,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  recordmaking, and recordkeeping, and may establish procedures

 2  for scheduling and administering an examination upon an

 3  applicant's request. Each fee shall be based on department

 4  estimates of the revenue required to implement the provisions

 5  of law with respect to certification of school personnel and

 6  shall not exceed $60, except as otherwise provided in this

 7  section. The application fee shall be nonrefundable. Each

 8  examination fee shall be sufficient to cover the actual cost

 9  of developing and administering the examination, but shall not

10  exceed $100 for an examination $60 for any regularly scheduled

11  examination or $100 for an examination administered upon an

12  applicant's request.

13         Section 31.  Section 231.3505, Florida Statutes, is

14  amended to read:

15         231.3505  Employment of directors of career education

16  in school districts.--In order to receive state funding, each

17  district school board that employs at least 15 full-time

18  equivalent vocational teachers must employ a director of

19  career education who meets the certification requirements

20  established by the State Board of Education.  The Such

21  directors shall be directly accountable to the superintendent

22  of schools, or his or her the superintendent's designee, for

23  the planning and implementation of vocational programs.  Two

24  or more district school boards may employ a single director.

25         Section 32.  Paragraph (b) of subsection (1) and

26  subsections (2), (3), (4), (5), (6), and (7) of section

27  231.36, Florida Statutes, are amended to read:

28         231.36  Contracts with instructional staff,

29  supervisors, and principals.--

30         (1)

31         (b)  A supervisor or principal shall be properly

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  certified and shall receive a written contract as specified in

 2  chapter 230. Such contract may be for an initial period not to

 3  exceed 3 years, subject to annual review and renewal. The

 4  first 97 days of an initial contract is a probationary period.

 5  During the probationary period, the employee may be dismissed

 6  without cause or may resign from the contractual position

 7  without breach of contract. After the first 3 years, the

 8  contract may be renewed for a period not to exceed 3 years and

 9  shall contain provisions for dismissal during the term of the

10  contract only for just cause, in addition to such other

11  provisions as are prescribed by the district school board.

12         (2)  Any person so employed on the basis of a written

13  offer of a specific position by a duly authorized agent of the

14  district school board for a stated term of service at a

15  specified salary, and who accepted such offer by telegram or

16  letter or by signing the regular contract form, who violates

17  the terms of such contract or agreement by leaving his or her

18  position without first being released from his or her contract

19  or agreement by the district school board of the district in

20  which the person is employed shall be subject to the

21  jurisdiction of the Education Practices Commission.  The

22  district school board shall take official action on such

23  violation and shall furnish a copy of its official minutes to

24  the Commissioner of Education.

25         (3)(a)  Each district The school board of each district

26  shall provide a professional service contract as prescribed

27  herein.  Each member of the instructional staff who completes

28  the following requirements prior to July 1, 1984, shall be

29  entitled to and shall be issued a continuing contract in the

30  form prescribed by rules of the state board pursuant to s.

31  231.36, Florida Statutes 1981. Each member of the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  instructional staff who completes the following requirements

 2  on or after July 1, 1984, shall be entitled to and shall be

 3  issued a professional service contract in the form prescribed

 4  by rules of the state board as provided herein:

 5         1.  The member must hold a professional certificate as

 6  prescribed by s. 231.17 and rules of the State Board of

 7  Education.

 8         2.  The member must have completed 3 years of

 9  probationary service in the district during a period not in

10  excess of 5 successive years, except for leave duly authorized

11  and granted.

12         3.  The member must have been recommended by the

13  superintendent of schools for such contract and reappointed by

14  the district school board based on successful performance of

15  duties and demonstration of professional competence.

16         4.  For any person newly employed as a member of the

17  instructional staff after June 30, 1997, the initial annual

18  contract shall include a 97-day probationary period during

19  which time the employee's contract may be terminated without

20  cause or the employee may resign without breach of contract.

21         (b)  The professional service contract shall be

22  effective at the beginning of the school fiscal year following

23  the completion of all requirements therefor.

24         (c)  The period of service provided herein may be

25  extended to 4 years when prescribed by the district school

26  board and agreed to in writing by the employee at the time of

27  reappointment.

28         (d)  A district school board may issue a continuing

29  contract prior to July 1, 1984, and may issue a professional

30  service contract subsequent to July 1, 1984, to any employee

31  who has previously held a professional service contract or

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  continuing contract in the same or another district within

 2  this state.  Any employee who holds a continuing contract may,

 3  but is not required to, exchange such continuing contract for

 4  a professional service contract in the same district.

 5         (e)  A professional service contract shall be renewed

 6  each year unless the superintendent of schools, after

 7  receiving the recommendations required by s. 231.29, charges

 8  the employee with unsatisfactory performance and notifies the

 9  employee of performance deficiencies as required by s. 231.29.

10  An employee who holds a professional service contract on July

11  1, 1997, is subject to the procedures set forth in paragraph

12  (f) during the term of the existing professional service

13  contract. The employee is subject to the procedures set forth

14  in s. 231.29(3)(d) upon the next renewal of the professional

15  service contract; however, if the employee is notified of

16  performance deficiencies before the next contract renewal

17  date, the procedures of s. 231.29(3)(d) do not apply until the

18  procedures set forth in paragraph (f) have been exhausted and

19  the professional service contract is subsequently renewed.

20         (f)  The superintendent of schools shall notify an

21  employee who holds a professional service contract on July 1,

22  1997, in writing, no later than 6 weeks prior to the end of

23  the postschool conference period, of performance deficiencies

24  which may result in termination of employment, if not

25  corrected during the subsequent year of employment (which

26  shall be granted for an additional year in accordance with the

27  provisions in subsection (1)). Except as otherwise hereinafter

28  provided, this action shall not be subject to the provisions

29  of chapter 120, but the following procedures shall apply:

30         1.  On receiving notice of unsatisfactory performance,

31  the employee, on request, shall be accorded an opportunity to

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  meet with the superintendent of schools, or his or her the

 2  superintendent's designee, for an informal review of the

 3  determination of unsatisfactory performance.

 4         2.  An employee notified of unsatisfactory performance

 5  may request an opportunity to be considered for a transfer to

 6  another appropriate position, with a different supervising

 7  administrator, for the subsequent year of employment.

 8         3.  During the subsequent year, the employee shall be

 9  provided assistance and inservice training opportunities to

10  help correct the noted performance deficiencies.  The employee

11  shall also be evaluated periodically so that he or she will be

12  kept apprised of progress achieved.

13         4.  Not later than 6 weeks prior to the close of the

14  postschool conference period of the subsequent year, the

15  superintendent of schools, after receiving and reviewing the

16  recommendation required by s. 231.29, shall notify the

17  employee, in writing, whether the performance deficiencies

18  have been corrected.  If so, a new professional service

19  contract shall be issued to the employee.  If the performance

20  deficiencies have not been corrected, the superintendent of

21  schools may notify the district school board and the employee,

22  in writing, that the employee shall not be issued a new

23  professional service contract; however, if the recommendation

24  of the superintendent of schools is not to issue a new

25  professional service contract, and if the employee wishes to

26  contest such recommendation, the employee will have 15 days

27  from receipt of the superintendent of schools'

28  superintendent's recommendation to demand, in writing, a

29  hearing. In such hearing, the employee may raise as an issue,

30  among other things, the sufficiency of the superintendent of

31  schools' superintendent's charges of unsatisfactory

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  performance.  Such hearing shall be conducted at the district

 2  school board's election in accordance with one of the

 3  following procedures:

 4         a.  A direct hearing conducted by the district school

 5  board within 60 days of receipt of the written appeal. The

 6  hearing shall be conducted in accordance with the provisions

 7  of ss. 120.569 and 120.57. A majority vote of the membership

 8  of the district school board shall be required to sustain the

 9  superintendent of schools' superintendent's recommendation.

10  The determination of the district school board shall be final

11  as to the sufficiency or insufficiency of the grounds for

12  termination of employment; or

13         b.  A hearing conducted by an administrative law judge

14  assigned by the Division of Administrative Hearings of the

15  Department of Management Services. The hearing shall be

16  conducted within 60 days of receipt of the written appeal in

17  accordance with chapter 120. The recommendation of the

18  administrative law judge shall be made to the district school

19  board.  A majority vote of the membership of the district

20  school board shall be required to sustain or change the

21  administrative law judge's recommendation. The determination

22  of the district school board shall be final as to the

23  sufficiency or insufficiency of the grounds for termination of

24  employment.

25         (4)(a)  An employee who has continuing contract status

26  prior to July 1, 1984, shall be entitled to retain such

27  contract and all rights arising therefrom in accordance with

28  existing laws, rules of the State Board of Education, or any

29  laws repealed by this act, unless the employee voluntarily

30  relinquishes his or her continuing contract.

31         (b)  Any member of the district administrative or

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  supervisory staff and any member of the instructional staff,

 2  including any principal, who is under continuing contract may

 3  be dismissed or may be returned to annual contract status for

 4  another 3 years in the discretion of the district school

 5  board, at the end of the school year, when a recommendation to

 6  that effect is submitted in writing to the district school

 7  board on or before April 1 of any school year, giving good and

 8  sufficient reasons therefor, by the superintendent of schools,

 9  by the principal if his or her contract is not under

10  consideration, or by a majority of the district school board.

11  The employee whose contract is under consideration shall be

12  duly notified in writing by the party or parties preferring

13  the charges at least 5 days prior to the filing of the written

14  recommendation with the district school board, and such notice

15  shall include a copy of the charges and the recommendation to

16  the district school board.  The district school board shall

17  proceed to take appropriate action.  Any decision adverse to

18  the employee shall be made by a majority vote of the full

19  membership of the district school board.  Any such decision

20  adverse to the employee may be appealed by the employee

21  pursuant to s. 120.68.

22         (c)  Any member of the district administrative or

23  supervisory staff and any member of the instructional staff,

24  including any principal, who is under continuing contract may

25  be suspended or dismissed at any time during the school year;

26  however, the charges against him or her must be based on

27  immorality, misconduct in office, incompetency, gross

28  insubordination, willful neglect of duty, drunkenness, or

29  conviction of a crime involving moral turpitude, as these

30  terms are defined by rule of the State Board of Education.

31  Whenever such charges are made against any such employee of

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  the district school board, the district school board may

 2  suspend such person without pay; but, if the charges are not

 3  sustained, he or she shall be immediately reinstated, and his

 4  or her back salary shall be paid.  In cases of suspension by

 5  the district school board or by the superintendent of schools,

 6  the district school board shall determine upon the evidence

 7  submitted whether the charges have been sustained and, if the

 8  charges are sustained, shall determine either to dismiss the

 9  employee or fix the terms under which he or she may be

10  reinstated.  If such charges are sustained by a majority vote

11  of the full membership of the district school board and such

12  employee is discharged, his or her contract of employment

13  shall be thereby canceled. Any such decision adverse to the

14  employee may be appealed by the employee pursuant to s.

15  120.68, provided such appeal is filed within 30 days after the

16  decision of the district school board.

17         (5)  Should a district school board have to choose from

18  among its personnel who are on continuing contracts or

19  professional service contracts as to which should be retained,

20  such decisions shall be made pursuant to the terms of a

21  collectively bargained agreement, when one exists.  If no such

22  agreement exists, the district school board shall prescribe

23  rules to handle reductions in workforce.

24         (6)(a)  Any member of the instructional staff,

25  excluding an employee specified in subsection (4), may be

26  suspended or dismissed at any time during the term of the

27  contract for just cause as provided in paragraph (1)(a). The

28  district school board must notify the employee in writing

29  whenever charges are made against the employee and may suspend

30  such person without pay; but, if the charges are not

31  sustained, the employee shall be immediately reinstated, and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  his or her back salary shall be paid. If the employee wishes

 2  to contest the charges, the employee must, within 15 days

 3  after receipt of the written notice, submit a written request

 4  for a hearing. Such hearing shall be conducted at the district

 5  school board's election in accordance with one of the

 6  following procedures:

 7         1.  A direct hearing conducted by the district school

 8  board within 60 days after receipt of the written appeal. The

 9  hearing shall be conducted in accordance with the provisions

10  of ss. 120.569 and 120.57. A majority vote of the membership

11  of the district school board shall be required to sustain the

12  superintendent of schools' superintendent's recommendation.

13  The determination of the district school board shall be final

14  as to the sufficiency or insufficiency of the grounds for

15  termination of employment; or

16         2.  A hearing conducted by an administrative law judge

17  assigned by the Division of Administrative Hearings of the

18  Department of Management Services. The hearing shall be

19  conducted within 60 days after receipt of the written appeal

20  in accordance with chapter 120. The recommendation of the

21  administrative law judge shall be made to the district school

22  board. A majority vote of the membership of the district

23  school board shall be required to sustain or change the

24  administrative law judge's recommendation. The determination

25  of the district school board shall be final as to the

26  sufficiency or insufficiency of the grounds for termination of

27  employment.

28

29  Any such decision adverse to the employee may be appealed by

30  the employee pursuant to s. 120.68, provided such appeal is

31  filed within 30 days after the decision of the district school

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  board.

 2         (b)  Any member of the district administrative or

 3  supervisory staff, including any principal but excluding an

 4  employee specified in subsection (4), may be suspended or

 5  dismissed at any time during the term of the contract;

 6  however, the charges against him or her must be based on

 7  immorality, misconduct in office, incompetency, gross

 8  insubordination, willful neglect of duty, drunkenness, or

 9  conviction of any crime involving moral turpitude, as these

10  terms are defined by rule of the State Board of Education.

11  Whenever such charges are made against any such employee of

12  the district school board, the district school board may

13  suspend the employee without pay; but, if the charges are not

14  sustained, he or she shall be immediately reinstated, and his

15  or her back salary shall be paid.  In cases of suspension by

16  the district school board or by the superintendent of schools,

17  the district school board shall determine upon the evidence

18  submitted whether the charges have been sustained and, if the

19  charges are sustained, shall determine either to dismiss the

20  employee or fix the terms under which he or she may be

21  reinstated.  If such charges are sustained by a majority vote

22  of the full membership of the district school board and such

23  employee is discharged, his or her contract of employment

24  shall be thereby canceled. Any such decision adverse to the

25  employee may be appealed by him or her pursuant to s. 120.68,

26  provided such appeal is filed within 30 days after the

27  decision of the district school board.

28         (7)  The district school board of any given district

29  shall grant continuing service credit for time spent

30  performing duties as a member of the Legislature to any

31  district employee who possesses a professional service

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  contract, multiyear contract, or continuing contract.

 2         Section 33.  Section 231.3605, Florida Statutes, is

 3  amended to read:

 4         231.3605  Educational support employees.--

 5         (1)  As used in this section:

 6         (a)  "Educational support employee" means any person

 7  employed by a district school system who is employed as a

 8  teacher assistant, an education paraprofessional, a member of

 9  the transportation department, a member of the operations

10  department, a member of the maintenance department, a member

11  of food service, a secretary, or a clerical employee, or any

12  other person who by virtue of his or her position of

13  employment is not required to be certified by the Department

14  of Education or district school board pursuant to s. 231.1725.

15  This section does not apply to persons employed in

16  confidential or management positions. This section applies to

17  all employees who are not temporary or casual and whose duties

18  require 20 or more hours in each normal working week.

19         (b)  "Employee" means any person employed as an

20  educational support employee.

21         (c)  "Superintendent" means the superintendent of

22  schools or his or her designee.

23         (2)(a)  Each educational support employee shall be

24  employed on probationary status for a period to be determined

25  through the appropriate collective bargaining agreement or by

26  district school board rule in cases where a collective

27  bargaining agreement does not exist.

28         (b)  Upon successful completion of the probationary

29  period by the employee, the employee's status shall continue

30  from year to year unless the superintendent terminates the

31  employee for reasons stated in the collective bargaining

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  agreement, or in district school board rule in cases where a

 2  collective bargaining agreement does not exist, or reduces the

 3  number of employees on a districtwide basis for financial

 4  reasons.

 5         (c)  In the event a superintendent seeks termination of

 6  an employee, the district school board may suspend the

 7  employee with or without pay. The employee shall receive

 8  written notice and shall have the opportunity to formally

 9  appeal the termination. The appeals process shall be

10  determined by the appropriate collective bargaining process or

11  by district school board rule in the event there is no

12  collective bargaining agreement.

13         Section 34.  Subsection (2) of section 231.361, Florida

14  Statutes, is reenacted to read:

15         231.361  Vocational teachers; status.--

16         (2)  A holder of a certificate based on nonacademic

17  preparation which entitled him or her to employment to teach

18  classes in career or adult education shall not be assigned to

19  teach in a regular academic field of the kindergarten through

20  grade 12 school program.

21         Section 35.  Section 231.39, Florida Statutes, is

22  amended to read:

23         231.39  Provisions for leaves of absence.--All leaves

24  of absence for all district school board employees, except

25  those leaves prescribed by law, shall be granted with or

26  without compensation pursuant to rules adopted by the district

27  school board.  Such leaves authorized by the district school

28  board shall include, but are not be limited to, professional

29  leave and extended professional leave, personal leave,

30  military leave granted in compliance with chapter 115, and

31  maternity leave.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1         Section 36.  Subsections (2), (3), and (4) of section

 2  231.40, Florida Statutes, are amended to read:

 3         231.40  Sick leave.--

 4         (2)  ELIGIBILITY.--Any member of the instructional

 5  staff or any other employee of a district school system

 6  employed on a full-time basis in the public schools of the

 7  state who is unable to perform his or her duty in the school

 8  on account of personal sickness, accident disability, or

 9  extended personal illness, or because of illness or death of

10  father, mother, brother, sister, husband, wife, child, other

11  close relative, or member of his or her own household, and

12  consequently has to be absent from his or her work shall be

13  granted leave of absence for sickness by the superintendent of

14  schools or by someone designated in writing by the

15  superintendent of schools to do so.

16         (3)  PROVISIONS GOVERNING SICK LEAVE.--The following

17  provisions shall govern sick leave:

18         (a)  Extent of leave.--

19         1.  Each member of the instructional staff employed on

20  a full-time basis shall be entitled to 4 days of sick leave as

21  of the first day of employment of each contract year and shall

22  thereafter earn 1 day of sick leave for each month of

23  employment, which shall be credited to the member at the end

24  of that month and which shall not be used prior to the time it

25  is earned and credited to the member.  Each other employee

26  shall be credited with 4 days of sick leave at the end of the

27  first month of employment of each contract year and shall

28  thereafter be credited for 1 day of sick leave for each month

29  of employment, which shall be credited to the employee at the

30  end of the month and which shall not be used prior to the time

31  it is earned and credited to the employee.  However, each

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  member of the instructional staff and each other employee

 2  shall be entitled to earn no more than 1 day of sick leave

 3  times the number of months of employment during the year of

 4  employment.  If the employee terminates his or her employment

 5  and has not accrued the 4 sick days available to him or her,

 6  the district school board may withhold the average daily

 7  amount for the sick days utilized but unearned by the

 8  employee. Such leave shall be taken only when necessary

 9  because of sickness as herein prescribed.  The Such sick leave

10  shall be cumulative from year to year.  There shall be no

11  limit on the number of days of sick leave which a member of

12  the instructional staff or an educational support employee may

13  accrue, except that at least one-half of this cumulative leave

14  must be established within the district granting such leave.

15         2.  A district school board may establish policies and

16  prescribe standards to permit an employee to be absent 6 days

17  each school year for personal reasons. However, such absences

18  for personal reasons shall be charged only to accrued sick

19  leave, and leave for personal reasons shall be noncumulative.

20         3.  District school boards may are authorized to adopt

21  rules permitting the annual payment for accumulated sick leave

22  that is earned for that year and that is unused at the end of

23  the school year, based on the daily rate of pay of the

24  employee multiplied by up to 80 percent.  Days for which such

25  payment is received shall be deducted from the accumulated

26  leave balance. Such annual payment may apply only to

27  instructional staff and educational support employees.

28         4.  A district school board may establish policies to

29  provide terminal pay for accumulated sick leave to

30  instructional staff and educational support employees of the

31  district school board.  If termination of employment is by

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  death of the employee, any terminal pay to which the employee

 2  may have been entitled may be made to his or her beneficiary.

 3  However, such terminal pay shall not exceed an amount

 4  determined as follows:

 5         a.  During the first 3 years of service, the daily rate

 6  of pay multiplied by 35 percent times the number of days of

 7  accumulated sick leave.

 8         b.  During the next 3 years of service, the daily rate

 9  of pay multiplied by 40 percent times the number of days of

10  accumulated sick leave.

11         c.  During the next 3 years of service, the daily rate

12  of pay multiplied by 45 percent times the number of days of

13  accumulated sick leave.

14         d.  During the next 3 years of service, the daily rate

15  of pay multiplied by 50 percent times the number of days of

16  accumulated sick leave.

17         e.  During and after the 13th year of service, the

18  daily rate of pay multiplied by 100 percent times the number

19  of days of accumulated sick leave.

20         5.  A district school board may establish policies to

21  provide terminal pay for accumulated sick leave to any

22  full-time employee of the district school board other than

23  instructional staff or educational support employees as

24  defined in this section.  If termination of the employee is by

25  death of the employee, any terminal pay to which the employee

26  may have been entitled may be made to the employee's

27  beneficiary.  However, for such employees hired on or after

28  July 1, 1995, terminal pay shall not exceed an amount

29  determined as follows:

30         a.  One-fourth of all unused sick leave accumulated on

31  or after July 1, 1995; however, terminal pay allowable for

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  such accumulated sick leave shall not exceed a maximum of 60

 2  days of actual payment.

 3         b.  For unused sick leave accumulated prior to July 1,

 4  1995, terminal payment shall be made pursuant to a district

 5  school board's policies which are in effect on July 1, 1995.

 6         (b)  Claim must be filed.--Any district school board

 7  employee who finds it necessary to be absent from his or her

 8  duties because of illness, as defined in this section, shall

 9  notify his or her immediate supervisor, if possible, before

10  the beginning of the workday on which the employee must be

11  absent or during that day, except for emergency reasons

12  recognized by the district school board as valid.  Any

13  district school board employee shall, before claiming and

14  receiving compensation for the time absent from his or her

15  duties while absent because of sick leave as prescribed in

16  this section, make and file within 5 working days following

17  his or her return from such absence with the superintendent of

18  schools of the district in which he or she is so employed a

19  written certificate which shall set forth the day or days

20  absent, that such absence was necessary, and that the employee

21  is entitled or not entitled to receive pay for such absence in

22  accordance with the provisions of this section; however, the

23  district school board of any district may prescribe

24  regulations under which the superintendent of schools may

25  require a certificate of illness from a licensed physician or

26  from the county health officer.

27         (c)  Compensation.--Any employee having unused sick

28  leave credit shall receive full-time compensation for the time

29  justifiably absent on sick leave, but no compensation may be

30  allowed beyond that which may be provided in subsection (4).

31         (d)  Expenditure authorized.--District school boards

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  may are authorized to expend public funds for payment to

 2  employees on account of sickness. The expending and excluding

 3  of such funds shall be in compliance with rules promulgated by

 4  the Department of Management Services pursuant to chapter 650.

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

 6  provision of this section, a district school board, based upon

 7  the maintenance of reliable and accurate records by the

 8  district school system showing the amount of sick leave which

 9  has been accumulated and is unused by employees in accordance

10  with this section, may, by rule or collective bargaining

11  agreement, establish one or more plans allowing participating

12  full-time employees of a district school system to pool sick

13  leave accrued and allowing any sick leave thus pooled to be

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

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

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

17  limited to, the following provisions:

18         (a)  Participation in any sick leave pool shall at all

19  times be voluntary on the part of employees.

20         (b)  Any full-time employee shall be eligible for

21  participation in any sick leave pool after 1 year of

22  employment with the district school system, provided the such

23  employee has accrued a minimum amount of unused sick leave,

24  which minimum shall be established by rule and provided

25  further, a sick leave pool is established that allows

26  participation by that particular employee.

27         (c)  Any sick leave pooled pursuant to this section

28  shall be removed from the personally accumulated sick leave

29  balance of the employee donating such leave.

30         (d)  Participating employees shall make equal

31  contributions to the sick leave pool.  There shall be

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  established a maximum amount of sick leave which may be

 2  contributed by an employee to the pool.  After the initial

 3  contribution which an employee makes upon electing to

 4  participate, no further contributions shall be required except

 5  as may be necessary to replenish the pool.  Any such further

 6  contribution shall be equally required of all employees

 7  participating in the pool.

 8         (e)  Any sick leave time drawn from the pool by a

 9  participating employee must be used for said employee's

10  personal illness, accident, or injury.

11         (f)  A participating employee is shall not be eligible

12  to use sick leave from the pool until all of his or her sick

13  leave has been depleted, unless otherwise agreed to in a

14  collective bargaining agreement.  There shall be established a

15  maximum number of days for which an employee may draw sick

16  leave from the sick leave pool.

17         (g)  A participating employee who uses sick leave from

18  the pool is shall not be required to recontribute such sick

19  leave to the pool, except as otherwise provided in this

20  section.

21         (h)  A participating employee who chooses to no longer

22  participate in the sick leave pool is shall not be eligible to

23  withdraw any sick leave already contributed to the pool.

24         (i)  Alleged abuse of the use of the sick leave pool

25  shall be investigated and, on a finding of wrongdoing, the

26  employee shall repay all of the sick leave credits drawn from

27  the sick leave pool and be subject to such other disciplinary

28  action as determined by the district school board to be

29  appropriate. Rules adopted for the administration of this

30  program shall provide for the investigation of the use of sick

31  leave utilized by the participating employee in the sick leave

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  pool.

 2         Section 37.  Section 231.41, Florida Statutes, is

 3  amended to read:

 4         231.41  Illness-in-line-of-duty leave.--Any district

 5  school board employee shall be entitled to

 6  illness-in-line-of-duty leave when he or she has to be absent

 7  from his or her duties because of a personal injury received

 8  in the discharge of duty or because of illness from any

 9  contagious or infectious disease contracted in school work.

10  The following requirements shall be observed:

11         (1)  DURATION OF LEAVE AND COMPENSATION.--Leave of the

12  district school board employee shall be authorized for a total

13  of not to exceed 10 school days during any school year for

14  illness contracted, or injury incurred, from the causes

15  prescribed above. However, in the case of sickness or injury

16  occurring under such circumstances as in the opinion of the

17  district school board warrant it, additional emergency sick

18  leave may be granted out of local funds for such term and

19  under such conditions as the district school board deems

20  proper.  The district school board may is authorized, when it

21  deems it desirable to do so, to carry insurance to safeguard

22  the district school board against excessive payments during

23  any year.

24         (2)  CLAIMS.--Any district school board employee who

25  has any claim for compensation while absent because of illness

26  contracted or injury incurred as prescribed herein shall file

27  a claim in the manner prescribed in s. 231.40(3)(b) within 5

28  working days following the employee's return from such

29  absence.  The school board of the district in which such

30  person is employed shall approve the such claims and authorize

31  the payment thereof if the district school board is satisfied

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  that the claim correctly states the facts and that the such

 2  claim is entitled to payment in accordance with the provisions

 3  of this section.

 4         Section 38.  Subsections (1) and (3) of section

 5  231.424, Florida Statutes, are amended to read:

 6         231.424  Sabbatical leave.--

 7         (1)  Any member of the instructional staff of any

 8  school district may be granted sabbatical leave for a period

 9  not to exceed 1 year.  A person who receives such leave may be

10  paid one-half of his or her ordinary salary during the period

11  of such leave, or in accordance with negotiated agreement or

12  district school board policy, and shall receive full benefits

13  during such period.  A person compensated under this section

14  may not be compensated for other employment during the period

15  of sabbatical leave so that he or she would receive combined

16  compensation in excess of his or her ordinary salary.

17         (3)  Each district school board shall adopt rules to

18  implement this section.

19         Section 39.  Section 231.434, Florida Statutes, is

20  amended to read:

21         231.434  Annual leave.--District school boards may are

22  authorized to adopt rules that provide for the earning of

23  annual leave by employees, including educational support

24  employees, who are employed for 12 calendar months a year.

25         Section 40.  Section 231.44, Florida Statutes, is

26  amended to read:

27         231.44  Absence without leave.--Any district school

28  board employee who is willfully absent from duty without leave

29  shall forfeit compensation for the time of such absence, and

30  his or her employment shall be subject to termination by the

31  district school board.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1         Section 41.  Section 231.45, Florida Statutes, is

 2  amended to read:

 3         231.45  Records of absences.--The administrator of each

 4  designated organizational unit shall see that both the days

 5  present and the days absent for each employee are reported to

 6  the superintendent of schools at least once each month in the

 7  manner prescribed for that purpose. This report shall include

 8  the exact dates of, and the reasons for, each absence. Each

 9  superintendent of schools shall establish procedures to ensure

10  maintenance of the complete records of all such absences.

11         Section 42.  Section 231.47, Florida Statutes, is

12  amended to read:

13         231.47  Substitute teachers.--Each district school

14  board shall adopt rules prescribing the compensation of, and

15  the procedure for employment of, substitute teachers. Such

16  procedure for employment shall include, but is not be limited

17  to, the filing of a complete set of fingerprints as required

18  in s. 231.02.

19         Section 43.  Section 231.471, Florida Statutes, is

20  amended to read:

21         231.471  Part-time teachers.--

22         (1)  District school boards may hire use their

23  discretion in hiring certified and qualified personnel as

24  provided in s. 231.1725 to teach a specified number of

25  periods, which may be less than a full school day or less than

26  a full school year.

27         (2)  Assigned additional school duties and salaries

28  shall be given in direct ratio to the number of periods

29  taught. Other benefits shall be provided by district school

30  board rule or, if applicable, pursuant to chapter 447.

31         Section 44.  Section 231.481, Florida Statutes, is

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  amended to read:

 2         231.481  Terminal pay for accrued vacation leave.--A

 3  district school board may establish policies to provide for a

 4  lump-sum payment for accrued vacation leave to an employee of

 5  the district school board upon termination of employment or

 6  upon retirement, or to the employee's beneficiary if service

 7  is terminated by death. Effective July 1, 1995, terminal pay

 8  for accrued vacation leave may not exceed a maximum of 60 days

 9  of actual payment for employees hired on or after that date.

10         Section 45.  Section 231.495, Florida Statutes, is

11  amended to read:

12         231.495  Retirement annuities authorized.--

13         (1)  District school boards may are authorized to

14  purchase annuities for all school personnel with 25 or more

15  years of creditable service who have reached age 50 and have

16  applied for retirement under the Florida Retirement System or

17  who have reached age 55 and have applied for retirement under

18  plan E of the Teachers' Retirement System.  No such annuity

19  shall provide for more than the total difference in retirement

20  income between the retirement benefit based on average monthly

21  compensation and creditable service as of the member's early

22  retirement date and the early retirement benefit.

23         (2)  District school boards may also purchase annuities

24  for members of the Florida Retirement System who have

25  out-of-state teaching service in another state or country

26  which is documented as valid by the appropriate district

27  school board. Such annuities may be based on no more than 5

28  years of out-of-state teaching service and may equal, but not

29  exceed, the benefits that would be payable under the Florida

30  Retirement System if credit for out-of-state teaching was

31  authorized under that system.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1         (3)  District school boards may are authorized to

 2  invest funds, purchase annuities, or provide local

 3  supplemental retirement programs for purposes of providing

 4  annuities for school personnel.

 5         (4)  All retirement annuities shall comply with s. 14,

 6  Art. X of the State Constitution.

 7         Section 46.  Subsections (1) and (3) of section

 8  231.545, Florida Statutes, are amended to read:

 9         231.545  Education Standards Commission;

10  organization.--

11         (1)  There is created The Education Standards

12  Commission shall, to consist of 24 members appointed by the

13  State Board of Education from nominations by the Commissioner

14  of Education and subject to Senate confirmation. Prior to

15  making nominations, the commissioner shall consult with the

16  teaching and other involved associations in the state.  In

17  making nominations, the commissioner shall attempt to achieve

18  equal geographical representation, as closely as possible.

19  The members shall include:

20         (a)  Twelve teachers at least one of whom is a teacher

21  in a private institution who is certified by the Department of

22  Education and one of whom is certified as a vocational

23  teacher.

24         (b)  One superintendent of schools.

25         (c)  One school principal.

26         (d)  One school personnel officer, to be appointed on

27  the date of the first expiration of a school principal's term.

28         (e)  One teacher education or inservice

29  education/inservice director.

30         (f)  Four citizens, two of whom are district school

31  board members.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1         (g)  Three representatives from higher education, two

 2  of whom are deans of colleges, schools, or departments of

 3  education and one of whom is employed by an independent

 4  institution.

 5         (h)  One administrative representative from a community

 6  college.

 7         (3)  Members shall serve for 3-year staggered terms and

 8  shall be entitled to reimbursement for expenses of attending

 9  meetings of the commission.  Reimbursement for such expenses

10  shall be made by the Treasurer from funds appropriated for the

11  Department of Education, on warrants drawn by the Comptroller

12  upon requisitions approved by the Department of Education.

13  School districts shall be reimbursed for substitute teachers

14  required to replace commission members, when they are carrying

15  out their official duties, at the rate established by the

16  school district for substitute teachers.  The department may

17  is authorized to reimburse local school districts for

18  substitutes.

19         Section 47.  Subsection (1) and paragraph (b) of

20  subsection (2) of section 231.546, Florida Statutes, are

21  amended to read:

22         231.546  Education Standards Commission; powers and

23  duties.--

24         (1)  The Education Standards Commission shall have the

25  duty to:

26         (a)  Recommend to the state board high standards

27  relating to programs and policies for the development,

28  certification and certification extension, improvement, and

29  maintenance of competencies of educational personnel,

30  including teacher interns. The Such standards must be

31  consistent with the state's duty to provide a high-quality

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  system of public education to all students.

 2         (b)  Recommend to the state board standards for

 3  approval of preservice teacher education programs.

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

 5  resources studies regarding teaching personnel and report the

 6  findings to the state board.

 7         (d)  Recommend to the state board objective,

 8  independently verifiable standards of measurement and

 9  evaluation of teaching competence.

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

11  demonstrate qualifications for certification which assure

12  fairness and flexibility while protecting against

13  incompetence.

14         (f)  Recommend critical state priorities for preservice

15  and inservice teacher training such as understanding diverse

16  student populations, working in a changing workplace, and

17  understanding subject matter and instruction.  The commission

18  shall recommend standards for measuring evidence of training

19  in these priorities for continuing program approval for

20  preservice teacher education, initial teacher certification

21  and certificate renewal, and staff development activities.

22         (g)  Evaluate the progress of school community

23  professional development systems as provided in s. 231.600.

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

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

26         (2)  The commission shall develop, through the teaching

27  profession, standards of professional practice in areas

28  including, but not limited to, ethical and professional

29  performance.

30         (b)  The commission may shall have the authority to

31  establish procedures for developing codes or standards of

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  professional ethics, performance, and practices as described

 2  herein and to recommend to the state board for adoption such

 3  codes, standards, and rules to effectuate the purposes of this

 4  section.

 5         Section 48.  Section 231.600, Florida Statutes, is

 6  amended to read:

 7         231.600  School Community Professional Development

 8  Act.--

 9         (1)  The Department of Education, public community

10  colleges and universities, public school districts, and public

11  schools in this state shall collaborate to establish a

12  coordinated system of professional development. The purpose of

13  the professional development system is to enable the school

14  community to meet state and local student achievement

15  standards and the state education goals and to succeed in

16  school improvement as described in s. 229.591.

17         (2)  The school community includes administrative

18  personnel, managers administrators, instructional personnel,

19  support personnel, members of district school boards

20  principals, members of school advisory councils, parents,

21  business partners, and personnel that provide health and

22  social services to school children.  School districts may

23  identify and include additional members of the school

24  community in the professional development activities required

25  by this section.

26         (3)  The activities designed to implement this section

27  must:

28         (a)  Increase the success of educators in guiding

29  student learning and development so as to implement state and

30  local educational standards, goals, and initiatives;

31         (b)  Assist the school community in providing

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  stimulating educational activities that encourage and motivate

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

 3  learners; and

 4         (c)  Provide continuous support for all education

 5  professionals as well as temporary intervention for education

 6  professionals who need improvement in knowledge, skills, and

 7  performance.

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

 9  schools, and public colleges and universities share the

10  responsibilities described in this section.  These

11  responsibilities include the following:

12         (a)  The department shall develop and disseminate to

13  the school community model professional development methods

14  and programs that have demonstrated success in meeting

15  identified student needs.  The Commissioner of Education shall

16  use data on student achievement to identify student needs. The

17  methods of dissemination must include a statewide performance

18  support system, a database of exemplary professional

19  development activities, a listing of available professional

20  development resources, training programs, and technical

21  assistance.

22         (b)  Each school district shall develop a professional

23  development system. The system shall be developed in

24  consultation district school board shall consult with teachers

25  and representatives of college and university faculty,

26  community agencies, and other interested citizen groups to

27  establish policy and procedures to guide the operation of the

28  district professional development program.  The professional

29  development system must:

30         1.  Be approved by the department. All substantial

31  revisions to the system shall be submitted to the department

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  for review for continued approval.

 2         2.1.  Require the that principals and schools use of

 3  student achievement data;, school discipline data;, school

 4  environment surveys;, assessments of parental satisfaction;

 5  performance appraisal data of teachers, managers, and

 6  administrative personnel;, and other performance indicators to

 7  identify school and student needs that can be met by improved

 8  professional performance., and assist principals and schools

 9  in making these identifications;

10         3.2.  Provide inservice training activities coupled

11  with followup support that are is appropriate to accomplish

12  district-level and school-level improvement goals and

13  standards. The inservice activities for instructional

14  personnel shall primarily focus on subject content and

15  teaching methods, including technology, as related to the

16  Sunshine State Standards, assessment and data analysis,

17  classroom management, and school safety.;

18         4.  Include a master plan for inservice activities,

19  pursuant to rules of the State Board of Education, for all

20  district employees from all fund sources. The master plan

21  shall be updated annually by September 1 using criteria for

22  continued approval as specified by rules of the State Board of

23  Education. Written verification that the inservice plan meets

24  all requirements of this section must be submitted annually to

25  the commissioner by October 1.

26         5.  Require each school principal to establish and

27  maintain an individual professional development plan for each

28  instructional employee assigned to the school. The individual

29  professional development plan must:

30         a.  Be related to specific performance data for the

31  students to whom the teacher is assigned.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1         b.  Define the inservice objectives and specific

 2  measurable improvements expected in student performance as a

 3  result of the inservice activity.

 4         c.  Include an evaluation component that determines the

 5  effectiveness of the professional development plan.

 6         6.  Include inservice activities for school

 7  administrative personnel that address updated skills necessary

 8  for effective school management and instructional leadership.

 9         7.3.  Provide for systematic consultation with regional

10  and state personnel designated to provide technical assistance

11  and evaluation of local professional development programs.;

12         8.4.  Provide for delivery of professional development

13  by distance learning and other technology-based delivery

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

15         9.5.  Provide for the continuous evaluation of

16  Continuously evaluate the quality and effectiveness of

17  professional development programs in order to eliminate

18  ineffective programs and strategies and to expand effective

19  ones. Evaluations must consider the impact of such activities

20  on the performance of participating educators and their

21  students' achievement and behavior.

22         (c)  Each public community college and university shall

23  assist the department, school districts, and schools in the

24  design, delivery, and evaluation of professional development

25  activities. This assistance must include active participation

26  in state and local activities required by the professional

27  development system.

28         (5)(a)  The Department of Education shall provide a

29  system for the recruitment, preparation, and professional

30  development of school administrative personnel. This system

31  shall:

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1         1.  Identify the knowledge, competencies, and skills

 2  necessary for effective school management and instructional

 3  leadership that align with student performance standards and

 4  accountability measures.

 5         2.  Include performance evaluation methods.

 6         3.  Provide for alternate means for preparation of

 7  school administrative personnel which may include programs

 8  designed by school districts and institutions of higher

 9  education pursuant to guidelines developed by the

10  commissioner. Such preparation programs shall be approved by

11  the Department of Education.

12         4.  Provide for the hiring of qualified out-of-state

13  school administrative personnel.

14         5.  Provide advanced educational opportunities for

15  school-based instructional leaders.

16         (b)  The Commissioner of Education shall appoint a task

17  force that includes a school district superintendent, a

18  district school board member, a principal, an assistant

19  principal, a teacher, a dean of a college of education, and

20  parents. The task force shall convene periodically to provide

21  recommendations to the department in the areas of recruitment,

22  certification, preparation, professional development, and

23  evaluation of school administrators.

24         (6)(5)  Each district school board shall provide

25  funding for the professional development system as required by

26  s. 236.081 and the General Appropriations Act, and shall

27  direct expenditures from other funding sources to strengthen

28  the system and make it uniform and coherent.  A school

29  district may coordinate its professional development program

30  with that of another district, with an educational consortium,

31  or with a college or university, especially in preparing and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  educating personnel. Each district school board shall make

 2  available inservice activities to instructional personnel of

 3  nonpublic schools in the district and the state certified

 4  teachers who are not employed by the district school board on

 5  a fee basis not to exceed the cost of the activity per all

 6  participants.

 7         (7)  An organization of nonpublic schools which has no

 8  fewer than 10 member schools in this state, which publishes

 9  and files with the Department of Education copies of its

10  standards, and the member schools of which comply with the

11  provisions of chapter 232, relating to compulsory school

12  attendance, may also develop a professional development system

13  that includes a master plan for inservice activities. The

14  system and inservice plan must be submitted to the

15  commissioner for approval pursuant to rules of the State Board

16  of Education.

17         (8)(6)  The Department of Education shall design

18  methods by which the state and district school boards may

19  evaluate and improve the professional development system.  The

20  evaluation must include an annual assessment of data that

21  indicate progress or lack of progress of all students. If the

22  review of the data indicates progress, the department shall

23  identify the best practices that attributed to the progress.

24  If the review of the data indicates a lack of progress, the

25  department shall investigate the causes of the lack of

26  progress, provide technical assistance, and require the school

27  district to employ a different approach to professional

28  development If the review of data indicates an achievement

29  level that is unusual, the department may investigate the

30  causes of the success or lack of success, may provide

31  technical assistance, and may require the school district to

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  employ a different approach to professional development. The

 2  department shall report annually to the State Board of

 3  Education and the Legislature any school district that, in the

 4  determination of the department, has failed to provide an

 5  adequate professional development system.  This report must

 6  include the results of the department's investigation and of

 7  any intervention provided.

 8         (9)(7)  The State Board of Education may adopt rules

 9  pursuant to ss. 120.536(1) and 120.54 to administer this

10  section.

11         (10)(8)  This section does not limit or discourage a

12  district school board from contracting with independent

13  entities for professional development services and inservice

14  education if the district school board believes that, through

15  such a contract, a better product can be acquired or its goals

16  for education improvement can be better met.

17         (11)(9)  For teachers, managers, and administrative

18  personnel administrators who have been evaluated as less than

19  satisfactory, a district school board shall may require

20  participation in specific professional development programs as

21  part of the improvement prescription.

22         Section 49.  Section 231.6135, Florida Statutes, is

23  amended to read:

24         231.6135  Statewide system for inservice professional

25  development.--The intent of this section is to establish a

26  statewide system of professional development that provides a

27  wide range of targeted inservice training to teachers,

28  managers, and administrative personnel administrators designed

29  to upgrade skills and knowledge needed to reach world class

30  standards in education.  The system shall consist of a network

31  of professional development academies in each region of the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  state that are operated in partnership with area business

 2  partners to develop and deliver high-quality training programs

 3  purchased by school districts.  The academies shall be

 4  established to meet the human resource development needs of

 5  professional educators, schools, and school districts. Funds

 6  appropriated for the initiation of professional development

 7  academies shall be allocated by the Commissioner of Education,

 8  unless otherwise provided in an appropriations act. To be

 9  eligible for startup funds, the academy must:

10         (1)  Be established by the collaborative efforts of one

11  or more district school boards, members of the business

12  community, and the postsecondary institutions which may award

13  college credits for courses taught at the academy.

14         (2)  Demonstrate the capacity to provide effective

15  training to improve teaching skills in the areas of elementary

16  reading and mathematics, the use of instructional technology,

17  high school algebra, and classroom management, and to deliver

18  such training using face-to-face, distance learning, and

19  individualized computer-based delivery systems.

20         (3)  Propose a plan for responding in an effective and

21  timely manner to the professional development needs of

22  teachers, managers, administrative personnel administrators,

23  schools, and school districts relating to improving student

24  achievement and meeting state and local education goals.

25         (4)  Demonstrate the ability to provide high-quality

26  trainers and training, appropriate followup and coaching for

27  all participants, and support school personnel in positively

28  impacting student performance.

29         (5)  Be operated under contract with its public

30  partners and governed by an independent board of directors,

31  which should include at least one superintendent of schools

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  and one district school board chair chairman from the

 2  participating school districts, the president of the

 3  collective bargaining unit that represents the majority of the

 4  region's teachers, and at least three individuals who are not

 5  employees or elected or appointed officials of the

 6  participating school districts.

 7         (6)  Be financed during the first year of operation by

 8  an equal or greater match from private funding sources and

 9  demonstrate the ability to be self-supporting within 1 year

10  after opening through fees for services, grants, or private

11  contributions.

12         (7)  Own or lease a facility that can be used to

13  deliver training onsite and through distance learning and

14  other technology-based delivery systems. The participating

15  district school boards may lease a site or facility to the

16  academy for a nominal fee and may pay all or part of the costs

17  of renovating a facility to accommodate the academy. The

18  academy is responsible for all operational, maintenance, and

19  repair costs.

20         (8)  Provide professional development services for the

21  participating school districts as specified in the contract

22  and may provide professional development services to other

23  school districts, private schools, and individuals on a

24  fee-for-services basis.

25         Section 50.  Section 231.614, Florida Statutes, is

26  repealed.

27         Section 51.  Subsection (1) of section 231.62, Florida

28  Statutes, is amended to read:

29         231.62  Identification of critical teacher shortage

30  areas.--

31         (1)  As used in ss. 231.621, 240.4063, and 240.4064,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  the term "critical teacher shortage area" applies to

 2  mathematics, science, career education, and high priority

 3  location areas. The State Board of Education may identify

 4  career education programs having critical teacher shortages.

 5  The State Board of Education shall adopt rules pursuant to ss.

 6  120.536(1) and 120.54, necessary to annually identify other

 7  critical teacher shortage areas and high priority location

 8  areas. The state board shall also consider teacher

 9  characteristics such as ethnic background, race, and sex in

10  determining critical teacher shortage areas. School grade

11  levels may also be designated critical teacher shortage areas.

12  Individual district school boards may identify other critical

13  teacher shortage areas. Such shortages must be certified to

14  and approved by the State Board of Education. High priority

15  location areas shall be in high-density, low-economic urban

16  schools and low-density, low-economic rural schools and shall

17  include schools which meet criteria which include, but are not

18  limited to, the percentage of free lunches, the percentage of

19  students under Chapter I of the Education Consolidation and

20  Improvement Act of 1981, and the faculty attrition rate.

21         Section 52.  Subsections (1), (2), and (4) of section

22  231.621, Florida Statutes, are amended to read:

23         231.621  Critical Teacher Shortage Student Loan

24  Forgiveness Program.--

25         (1)  The Critical Teacher Shortage Student Loan

26  Forgiveness Program is established In order to encourage

27  qualified personnel to seek employment in subject areas in

28  which critical teacher shortages exist, as identified annually

29  by the State Board of Education, there is established the

30  Critical Teacher Shortage Student Loan Forgiveness Program.

31  The primary function of the program is to make repayments

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  towards loans received by students from federal programs or

 2  commercial lending institutions for the support of

 3  postsecondary education study. Repayments are intended to be

 4  made to qualified applicants who begin teaching for the first

 5  time in designated subject areas, and who apply during their

 6  first year of teaching as certified teachers in these subject

 7  areas.

 8         (2)  From the funds available, the Department of

 9  Education may is authorized to make loan principal repayments

10  as follows:

11         (a)  Up to $2,500 a year for up to 4 years on behalf of

12  selected graduates of state-approved undergraduate

13  postsecondary teacher preparation programs, persons certified

14  to teach pursuant to any applicable teacher certification

15  requirements, or selected teacher preparation graduates from

16  any state participating in the Interstate Agreement on the

17  Qualification of Educational Personnel.

18         (b)  Up to $5,000 a year for up to 2 years on behalf of

19  selected graduates of state-approved graduate postsecondary

20  teacher preparation programs, persons with graduate degrees

21  certified to teach pursuant to any applicable teacher

22  certification requirements, or selected teacher preparation

23  graduates from any state participating in the Interstate

24  Agreement on the Qualification of Educational Personnel.

25         (c)  All repayments shall be contingent on continued

26  proof of employment in the designated subject areas in this

27  state and shall be made directly to the holder of the loan.

28  The state shall not bear responsibility for the collection of

29  any interest charges or other remaining balance.  In the event

30  that designated critical teacher shortage subject areas are

31  changed by the State Board of Education, a teacher shall

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  continue to be eligible for loan forgiveness as long as he or

 2  she continues to teach in the subject area for which the

 3  original loan repayment was made and otherwise meets all

 4  conditions of eligibility.

 5         (4)  The State Board of Education may is authorized to

 6  adopt rules pursuant to ss. 120.536(1) and 120.54, necessary

 7  for the administration of this program.

 8         Section 53.  Section 231.6215, Florida Statutes, is

 9  created to read:

10         231.6215  Student Fellowship Program.--

11         (1)  The Student Fellowship Program is created to

12  provide 2-year scholarship loans of $6,500 per year to

13  students who are residents of this state and who are rising

14  juniors at a state community college, state university, or

15  independent postsecondary education institution that is

16  eligible to participate in the Florida Resident Access Grant

17  or to education paraprofessional learning guides, as defined

18  in s. 231.700(3), who are pursuing a bachelor's degree in

19  order to become an associate teacher, as defined in s.

20  231.700(3).

21         (2)  The Department of Education shall administer the

22  program in cooperation with participating postsecondary

23  education institutions.

24         (a)  A student fellowship recipient shall participate

25  in a 12-month program developed by the participating

26  postsecondary education institution in consultation with the

27  department.

28         (b)  The recipient must receive intensive preparation

29  in a content area combined with ongoing experience with school

30  children through internships or working with a master teacher

31  identified as a mentor.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1         (3)  To continue to receive a fellowship, a student

 2  fellowship recipient must maintain satisfactory progress

 3  toward a baccalaureate degree at a participating postsecondary

 4  institution. The department shall set standards for

 5  satisfactory progress, which must exceed the standards

 6  required of other students majoring in education and which may

 7  include extracurricular activities related to the program.

 8         (4)  A recipient may receive a fellowship loan for 2

 9  years. The department shall forgive the fellowship loan if,

10  within 5 years after graduation, the recipient teaches full

11  time for 3 years at a Florida public school or for 2 years at

12  a Florida public school designated as performance grade

13  category "D" or "F," pursuant to s. 229.57. The department

14  shall also forgive a loan if it finds that the recipient

15  cannot teach for the required number of years due to the death

16  or permanent and total disability of the recipient or other

17  extraordinary extenuating circumstances.

18         (5)  If a student fellowship recipient does not

19  graduate within 2 years, or if the recipient graduates but,

20  within the first 5 years after graduation, does not fulfill

21  the required employment as a teacher in a public school in

22  this state, the fellowship recipient must repay the total

23  amount awarded, plus annual interest of 8 percent.

24         (a)  Interest begins accruing the first day of the 13th

25  month after the fourth anniversary of the month in which the

26  recipient receives a baccalaureate degree, or after the month

27  in which enrollment as a full-time student is terminated.

28  Interest does not accrue during any period of deferment or

29  eligible teaching service.

30         (b)  The repayment period begins the first day of the

31  13th month after the month in which the fourth anniversary of

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  college graduation occurs or after the month in which

 2  enrollment as a full-time student is terminated.

 3         (c)  The terms and conditions of the fellowship

 4  repayment must be contained in both a promissory note and a

 5  repayment schedule. The loan must be paid within 10 years

 6  after the date of graduation or termination of full-time

 7  enrollment, including any periods of deferment. A shorter

 8  repayment period may be granted. The minimum monthly repayment

 9  is $50 or the unpaid balance, unless otherwise approved,

10  except that the monthly payment may not be less than the

11  accruing interest. The recipient may prepay all or any part of

12  the scholarship without penalty.

13         (d)  The holder of the promissory note may grant a

14  deferment of repayment for a recipient who is unable to secure

15  a teaching position that would qualify as repayment, who

16  becomes disabled, or who experiences other hardships. Such a

17  deferment may be granted for a total of 24 months and may not

18  exceed 12 consecutive months.

19         (6)  All funds appropriated to or otherwise received by

20  the Student Fellowship Program for scholarships, all funds

21  received as repayment of scholarship loans, and all interest

22  earned on these funds must be placed in a revolving fund

23  within the State Student Financial Assistance Trust Fund.

24  Notwithstanding the provisions of s. 216.301, and pursuant to

25  s. 216.351, any balance in the fund at the end of any fiscal

26  year which has been allocated to the Student Fellowship

27  Program must remain in the fund and will be available for

28  carrying out the purposes of this section. With the prior

29  approval of the Legislature in the General Appropriations Act,

30  the revolving fund may also be used for campus and summer

31  program support and costs relating to disbursement of awards

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  and the collection of loan repayments.

 2         (7)  This section shall be implemented to the extent

 3  specifically funded in the General Appropriations Act.

 4         Section 54.  Subsections (2) and (3) of section

 5  231.625, Florida Statutes, are amended to read:

 6         231.625  Teacher recruitment and retention.--

 7         (2)  The Department of Education shall establish a

 8  teacher recruitment and retention services office which shall:

 9         (a)  Advertise teacher positions in targeted states.

10         (b)  Advertise in major newspapers, national

11  professional publications, and other professional publications

12  and in schools of education.

13         (c)  Utilize state and nationwide toll-free numbers.

14         (d)  Develop standardized resumes for teacher applicant

15  data.

16         (e)  Conduct periodic communications with district

17  personnel directors regarding applicants.

18         (f)  Provide district access to the applicant database

19  by computer or telephone.

20         (g)  Develop and distribute promotional materials

21  related to teaching as a career.

22         (h)  Publish and distribute information pertaining to

23  employment opportunities, application procedures, teacher

24  certification, and teacher salaries.

25         (i)  Provide information related to alternative

26  certification procedures.

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

28  America Program throughout the state.

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

30  districts incentives for attracting teachers to this state.

31         (3)  The Department of Education Office of Teacher

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  Recruitment and Retention Services, in cooperation with

 2  district personnel offices, shall sponsor a job fair in a

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

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

 5  state.

 6         Section 55.  Subsections (2) and (4) of section

 7  231.6255, Florida Statutes, are amended to read:

 8         231.6255  Christa McAuliffe Ambassador for Education

 9  Program.--

10         (2)  There is established The Christa McAuliffe

11  Ambassador for Education Program is established to provide

12  salary, travel, and other related expenses annually for an

13  outstanding Florida teacher to promote the positive aspects of

14  teaching as a career.  The goals of the program are to:

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

16  profession.

17         (b)  Promote the importance of quality education and

18  teaching for our future.

19         (c)  Inspire and attract talented people to become

20  teachers.

21         (d)  Provide information regarding Florida's

22  scholarship and loan programs related to teaching.

23         (e)  Promote the teaching profession within community

24  and business groups.

25         (f)  Provide information to retired military personnel

26  and other individuals who might consider teaching as a second

27  career.

28         (g)  Work with and represent the Department of

29  Education Office of Teacher Recruitment and Retention

30  Services, as needed.

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  district teachers of the year.

 2         (i)  Support the activities of the Florida Future

 3  Educator of America Program.

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

 5  education, and other conferences and meetings.

 6         (k)  Promote the teaching profession in other ways

 7  related to the teaching responsibilities, background

 8  experiences, and aspirations of the Ambassador for Education.

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

10  Teacher Recruitment and Retention Services shall administer

11  the program.

12         (a)(b)  The Commissioner of Education shall pay an

13  annual salary, fringe benefits, travel costs, and other costs

14  associated with administering the program.

15         (b)(c)  The Ambassador for Education shall serve for 1

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

17  returning to his or her teaching position upon completion of

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

19  creditable or continuous service or employment for the period

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

21         Section 56.  Paragraph (a) of subsection (2) and

22  subsections (1) and (4) of section 231.63, Florida Statutes,

23  are amended to read:

24         231.63  Florida Educator Hall of Fame.--

25         (1)  The Florida Educator Hall of Fame is established

26  It is the intent of the Legislature to recognize and honor

27  those persons, living or dead, who have made significant

28  contributions to education in this state.

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  Building.

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

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

 4  Hall of Fame. Thereafter, The Commissioner of Education shall

 5  name no more than four members to the Florida Educator Hall of

 6  Fame in any 1 year.

 7         Section 57.  Section 231.65, Florida Statutes, is

 8  repealed.

 9         Section 58.  Section 231.67, Florida Statutes, is

10  amended to read:

11         (Substantial rewording of section. See

12         s. 231.67, F.S., for present text.)

13         231.67  The Florida Teachers Lead Program Stipend.--

14         (1)  Funding for the Florida Teachers Lead Program

15  Stipend shall be as determined by the Legislature in the

16  General Appropriations Act. Funds appropriated for the Florida

17  Teachers Lead Program Stipend are provided to purchase

18  classroom materials and supplies used in the instruction of

19  students in kindergarten through grade 12 of the public school

20  system. From the funds appropriated, the Commissioner of

21  Education shall calculate an amount for each school district

22  by prorating the total of each school district's share of the

23  total K-12 unweighted FTE student enrollment.

24         (2)  From the funds allocated to each district, the

25  district school board shall calculate an identical amount for

26  each classroom teacher which is his or her proportionate share

27  of the amount allocated to the district for the total number

28  of teachers in the district. The district school board shall

29  provide the funds no later than September 30 of each year

30  directly to each teacher as a stipend to purchase, on behalf

31  of the school district, classroom materials and supplies to be

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  used in the instruction of students assigned to the teacher.

 2  Each teacher shall have sole discretion regarding which

 3  classroom materials and supplies best meet the needs of the

 4  students, when they are needed, and where they are acquired.

 5  The funds expended by individual teachers shall not be subject

 6  to state or local competitive bidding requirements.

 7  Disbursement of Florida Teachers Lead Program Stipend funds

 8  directly to each teacher shall complete the school district's

 9  expenditure of these funds.

10         (3)  Each teacher shall sign a statement acknowledging

11  receipt of the funds, agreeing to keep receipts to show the

12  expenditure of the funds used to purchase classroom materials

13  and supplies for use in the instruction of the students

14  assigned to them, and agreeing to return any unused funds by

15  the end of the regular school year. The statement to be signed

16  and dated by each teacher for receipt of the Florida Teachers

17  Lead Program Stipend shall include the wording: "I, ...(Name

18  of teacher)..., am employed by the .... County District School

19  Board as a full-time classroom teacher. I acknowledge that

20  Florida Teachers Lead Program Stipend funds are appropriated

21  by the Legislature for the sole purpose of purchasing

22  classroom materials and supplies to be used in the instruction

23  of students assigned to me. In accepting custody of these

24  funds, I agree to keep receipts for all expenditures. I

25  understand that if I do not keep receipts showing these funds

26  were spent to purchase classroom materials and supplies for

27  use with my students, it will be my personal responsibility to

28  pay any federal taxes due on these funds. I also agree to

29  return any unused funds to the district school board at the

30  end of the regular school year for deposit into the School

31  Advisory Council account of the school at which I was employed

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  at the time of the receipt of the funds."

 2         (4)  Florida Teachers Lead Program Stipend funds shall

 3  be provided to each teacher in addition to any other funds

 4  appropriated for public school operations.

 5         (5)  Any unused funds which are returned to the

 6  district school board shall be deposited into the School

 7  Advisory Council account of the school at which the teacher

 8  returning the funds was employed at the time of the receipt of

 9  the funds.

10         (6)  For purposes of this section, the term "classroom

11  teacher" includes certified teachers employed on or before

12  September 1 of each year whose full-time job responsibility is

13  the classroom instruction of students in kindergarten through

14  grade 12, and full-time media specialists and guidance

15  counselors who serve students in kindergarten through grade

16  12. Only school district personnel employed in these positions

17  are eligible for the classroom materials and supply stipend

18  from funds appropriated to implement the provisions of this

19  section.

20         Section 59.  Section 231.700, Florida Statutes, is

21  created to read:

22         231.700  Florida Mentor Teacher School Pilot Program.--

23         (1)  The Legislature recognizes that high-quality

24  teachers are essential to assuring excellence and increasing

25  the achievement levels of all students. The purpose of this

26  section is to provide a model to reform and improve the

27  current structure of the teaching profession. There is created

28  a Florida Mentor Teacher School Pilot Program to attract,

29  retain, and motivate high-quality teachers. The program shall

30  be implemented by the 2001-2002 school year. The pilot schools

31  shall be selected by the Commissioner of Education no later

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  than July 1, 2001. The commissioner shall select a combination

 2  of elementary, middle, and high schools representing small,

 3  medium, and large districts. Each approved school shall

 4  receive an equivalent grant based upon the number of schools

 5  selected by the Commissioner and the amount of the legislative

 6  appropriation. Each mentor teacher school program shall be

 7  approved based on criteria specified by the commissioner.

 8         (2)  The goals of the Florida Mentor Teacher School

 9  Pilot Program are to:

10         (a)  Provide teachers with multiple career paths,

11  beginning as education paraprofessionals and rising to

12  associate teachers, teachers, lead teachers, and mentor

13  teachers. The five levels must have highly differentiated

14  duties. The mentor teacher shall have a reduced teaching

15  schedule that permits weekly instruction to all students under

16  the mentor teacher's supervision while also allowing for

17  demonstration lessons, coaching, facilitating curriculum

18  development, and providing staff development for other

19  teachers at the school.

20         (b)  Establish broad salary ranges to provide

21  flexibility and to reward performance and to negotiate

22  salaries to attract teachers to hard-to-staff schools and

23  subjects. Advancement shall be determined by academic

24  achievement, examination, demonstration, and student learning

25  gains data. Each mentor teacher shall be eligible for a total

26  annual salary incentive of up to twice the average district

27  classroom teacher's salary. Fifty percent of the mentor

28  teacher salary incentive shall be based on increased student

29  achievement of students assigned to the supervision of the

30  mentor teacher.

31         (c)  Provide ongoing professional development for

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  teachers to learn and grow professionally that includes a

 2  daily block of time for associate teachers, teachers, and lead

 3  teachers to reflect and plan and to interact with the mentor

 4  teacher.

 5         (d)  Provide all eligible teachers with the opportunity

 6  for national certification.

 7         (e)  Provide for a specified organizational pattern,

 8  such as clusters or teams of teachers for grade levels or

 9  subject areas comprised of associate teachers, teachers, and

10  lead teachers who are supported by education paraprofessional

11  learning guides and directed by a mentor teacher.

12         (3)  The five teacher career development positions and

13  minimum requirements are:

14         (a)  Education paraprofessional learning guide.--An

15  education paraprofessional learning guide must hold an

16  associate degree from an institution of higher learning and

17  must demonstrate appropriate writing, speaking, and

18  computation skills.

19         (b)  Associate teacher.--An associate teacher must hold

20  a bachelor's degree from an institution of higher learning and

21  a valid Florida professional teaching certificate as provided

22  by s. 231.17.

23         (c)  Teacher.--A teacher must hold a bachelor's degree

24  or higher from an institution of higher learning and a valid

25  Florida professional teaching certificate, have a minimum of 3

26  years' full-time teaching experience, document satisfactory

27  teaching performance, and document evidence of positive

28  student learning gains, when that data becomes available.

29         (d)  Lead teacher.--A lead teacher must hold a

30  bachelor's degree or higher from an institution of higher

31  learning and a valid Florida professional teaching

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  certificate, have a minimum of 3 years' full-time teaching

 2  experience, document exemplary teaching performance, and

 3  document evidence of significant positive student learning

 4  gains, when that data becomes available. A lead teacher shall

 5  provide intensive support for associate teachers and teachers.

 6         (e)  Mentor teacher.--A mentor teacher must hold a

 7  bachelor's degree or higher from an institution of higher

 8  learning and a valid Florida professional teaching

 9  certificate; have a minimum of 5 years' full-time teaching

10  experience; document exemplary teaching performance; document

11  evidence of significant positive student learning gains, when

12  that data becomes available; hold a valid National Board for

13  Professional Teaching Standards certificate; have been

14  selected as a school, district, or state teacher of the year,

15  or hold an equivalent status as determined by the

16  commissioner; and demonstrate expertise as a staff developer.

17         (4)  The Commissioner of Education may adopt rules,

18  pursuant to ss. 120.536(1) and 120.54, for the implementation

19  of this section and approval of the mentor teacher school

20  program.

21         (5)  This section shall be implemented to the extent

22  specifically funded in the General Appropriations Act.

23         Section 60.  Paragraph (m) of subsection (1) and

24  subsection (3) of section 236.081, Florida Statutes, are

25  amended to read:

26         236.081  Funds for operation of schools.--If the annual

27  allocation from the Florida Education Finance Program to each

28  district for operation of schools is not determined in the

29  annual appropriations act or the substantive bill implementing

30  the annual appropriations act, it shall be determined as

31  follows:

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





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

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

 3  determining the annual allocation to each district for

 4  operation:

 5         (m)  Calculation of additional full-time equivalent

 6  membership based on college board advanced placement scores of

 7  students.--A value of 0.24 full-time equivalent student

 8  membership shall be calculated for each student in each

 9  advanced placement course who receives a score of 3 or higher

10  on the College Board Advanced Placement Examination for the

11  prior year and added to the total full-time equivalent student

12  membership in basic programs for grades 9 through 12 in the

13  subsequent fiscal year. Each district must allocate at least

14  80 percent of the funds provided to the district appropriated

15  for advanced placement instruction, in accordance with this

16  paragraph, to the high school that generates the funds. The

17  school district shall distribute to each classroom teacher who

18  provided advanced placement instruction:

19         1.  A bonus in the amount of $50 for each student

20  taught by the Advanced Placement teacher in each advanced

21  placement course who receives a score of 3 or higher on the

22  College Board Advanced Placement Examination.

23         2.  An additional bonus of $500 to each Advanced

24  Placement teacher in a school designated performance grade

25  category "D" or "F" who has at least one student scoring 3 or

26  higher on the College Board Advanced Placement Examination,

27  regardless of the number of classes taught or of the number of

28  students scoring a 3 or higher on the College Board Advanced

29  Placement Examination.

30

31  Bonuses awarded to a teacher according to this paragraph shall

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  not exceed $2,000 in any given school year and shall be in

 2  addition to any regular wage or other bonus the teacher

 3  received or is scheduled to receive.

 4         (3)  INSERVICE EDUCATIONAL PERSONNEL TRAINING

 5  EXPENDITURE.--Of the amount computed in subsections (1) and

 6  (2), a percentage of the base student allocation per full-time

 7  equivalent student shall be expended for educational training

 8  programs as determined by the district school board as

 9  provided in s. 231.600 236.0811. This percentage shall remain

10  constant and shall be calculated by dividing $6 by the

11  1990-1991 base student allocation. At least two-thirds of the

12  funds so determined shall be expended as provided in s.

13  231.600, and such funds may be used for implementation of the

14  demonstration of professional education competence program as

15  provided in s. 231.17.  Funds as provided herein may be

16  expended only for the direct support of inservice training

17  activities as prescribed below:

18         (a)  Salaries and benefits of:

19         1.  Personnel directly administering the approved

20  inservice training program.

21         2.  School board employees while such personnel are

22  conducting an approved inservice training program.

23         3.  Substitutes for personnel released to participate

24  in an approved inservice training program or an inservice

25  council activity.

26         (b)  Other direct operating expenses, excluding capital

27  outlay, required for administering the approved inservice

28  training program, including, but not limited to, the

29  following:

30         1.  Inservice training materials for approved inservice

31  training activities.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1         2.  Data processing for approved inservice training

 2  activities.

 3         3.  Telephone for the approved inservice training

 4  program.

 5         4.  Office supplies for the personnel administering the

 6  approved inservice training program.

 7         5.  Duplicating and printing for approved inservice

 8  training activities.

 9         6.  Fees and travel and per diem expenses for

10  consultants used in conducting approved inservice training

11  activities.

12         7.  Travel and per diem expenses for school district

13  personnel attending approved inservice conferences, workshops,

14  or visitations to schools.

15         8.  Rental of facilities not owned by the school board

16  for use in conducting an approved inservice training program.

17         (c)  Compensation may be awarded under this subsection

18  to employees engaged in inservice training activities which

19  are outside of, or in addition to, regular hours of duty

20  assignments or a regular day of a contract period for which

21  regular compensation is provided.  No moneys shall be

22  authorized under this subsection for additional salaries and

23  benefits constituting dual compensation to employees

24  participating in inservice activities if such activities are

25  within regular hours of duty assignments or within a regular

26  day of a contract period for which regular compensation is

27  provided.

28         (d)  Funds may be expended to pay tuition or

29  registration fees for college courses provided the course is

30  identified in the district's approved master plan and the

31  employee does not receive college credit. However, an employee

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  may be awarded college credit for successful participation in

 2  exempted inservice programs that are identified by the

 3  Department of Education in State Board of Education rule and

 4  for which the employee shall pay the regular tuition and

 5  registration fees assessed by the credit-granting institution.

 6  Courses for these exempted programs shall be arranged and

 7  conducted in compliance with procedures that are developed

 8  cooperatively by the Department of Education and the Board of

 9  Regents and are also included in State Board of Education

10  rule. Provision for payment of tuition and registration fees

11  for such credit-earning courses shall be contained in State

12  Board of Education rule.

13         Section 61.  Paragraphs (a) and (d) of subsection (2)

14  of section 236.08106, Florida Statutes, are amended to read:

15         236.08106  Excellent Teaching Program.--

16         (2)  The Excellent Teaching Program is created to

17  provide categorical funding for monetary incentives and

18  bonuses for teaching excellence. The Department of Education

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

20  amount as prescribed annually by the Legislature for the

21  Excellent Teaching Program. For purposes of this section, the

22  Florida School for the Deaf and the Blind shall be considered

23  a school district. Unless otherwise provided in the General

24  Appropriations Act, each distribution shall be the sum of the

25  amounts earned for the following incentives and bonuses:

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

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

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

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

30  demonstrated satisfactory teaching performance pursuant to s.

31  231.29 and who satisfies the prerequisites for participating

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





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

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

 3  to participate in the NBPTS certification program during the

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

 5  subsidy for each eligible participant shall be an amount equal

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

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

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

 9  may not be duplicated for any individual.

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

11  fiscal year's statewide average salary for classroom teachers

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

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

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

15  of mentoring and related services to public school teachers

16  within the state district who do not hold NBPTS certification.

17  The district school board shall distribute the annual bonus in

18  a single payment following the completion of all required

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

20  intent of the Legislature to remove excellent teachers from

21  their assigned classrooms; therefore, credit may not be

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

23  related services provided during the regular school day or

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

25

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

27  who does not complete the certification program or does not

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

29  after completing the certification program must repay the

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

31  teacher who completes the certification program but fails to

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  be awarded NBPTS certification is not required to repay the

 2  amount of the certification fee if the teacher meets the

 3  1-year teaching requirement. Repayment is not required of a

 4  teacher who does not complete the certification program or

 5  fails to fulfill the teaching requirement because of the

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

 7  circumstances as determined by the State Board of Education.

 8         Section 62.  Section 236.0811, Florida Statutes, is

 9  repealed.

10         Section 63.  Subsections (1), (2), and (10), paragraph

11  (a) of subsection (3), and paragraphs (b), (e), and (f) of

12  subsection (4) of section 240.529, Florida Statutes, are

13  amended to read:

14         240.529  Public accountability and state approval for

15  teacher preparation programs.--

16         (1)  INTENT.--The Legislature recognizes that skilled

17  teachers make an important contribution to a system that

18  allows students to obtain a high-quality education. The intent

19  of the Legislature is to establish a system for development

20  and approval of teacher preparation programs that will free

21  postsecondary teacher preparation institutions to employ

22  varied and innovative teacher preparation techniques while

23  being held accountable for producing graduates with the

24  competencies and skills necessary to achieve the state

25  education goals; help the state's diverse student population,

26  including students with limited English proficiency, students

27  meet high standards for academic achievement; maintain safe,

28  secure classroom learning environments; and sustain the state

29  system of school improvement and education accountability

30  established pursuant to ss. 229.591 and 229.592. To further

31  this intent, the Commissioner of Education shall appoint a

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  Teacher Preparation Program Committee for the purpose of

 2  establishing core curricula in each state-approved teacher

 3  preparation program.  The committee shall consist of

 4  representatives from presidents of public and private colleges

 5  and universities, deans of colleges of education, presidents

 6  of community colleges, district school superintendents, and

 7  high-performing teachers.  The curricula shall be focused on

 8  the knowledge, skills, and abilities essential to instruction

 9  in the Sunshine State Standards, with a clear emphasis on the

10  importance of reading at all grade levels.  The committee

11  shall report its recommendations to the State Board of

12  Education by January 1, 2000, and at that time may be

13  dissolved. The State Board of Education shall adopt rules

14  pursuant to ss. 120.536(1) and 120.54, that establish uniform

15  core curricula for each state-approved teacher preparation

16  program and shall use this report in the development of such

17  rules.

18         (2)  DEVELOPMENT OF TEACHER PREPARATION PROGRAMS.--A

19  system developed by the Department of Education in

20  collaboration with institutions of higher education shall

21  assist departments and colleges of education in the

22  restructuring of their programs to meet the need for producing

23  quality teachers now and in the future. The system must be

24  designed to assist teacher educators in conceptualizing,

25  developing, implementing, and evaluating programs that meet

26  state-adopted standards. The Education Standards Commission

27  has primary responsibility for recommending these standards to

28  the State Board of Education for adoption. These standards

29  shall emphasize quality indicators drawn from research,

30  professional literature, recognized guidelines, Florida

31  essential teaching competencies and educator-accomplished

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  practices, effective classroom practices, and the outcomes of

 2  the state system of school improvement and education

 3  accountability, as well as performance measures. Departments

 4  and colleges of education shall emphasize make every attempt

 5  to secure priority funding for teacher preparation programs

 6  and courses emphasizing the state system of school improvement

 7  and education accountability concepts and standards, including

 8  Sunshine State Standards. State-approved teacher preparation

 9  programs must incorporate appropriate English for Speakers of

10  Other Languages instruction so that program graduates will

11  have completed the requirements for teaching limited English

12  proficient students in Florida public schools.

13         (3)  INITIAL STATE PROGRAM APPROVAL.--

14         (a)  A program approval process based on standards

15  adopted pursuant to subsection (2) must be established for

16  postsecondary teacher preparation programs, phased in

17  according to timelines determined by the Department of

18  Education, and fully implemented for all teacher preparation

19  programs in the state. Each program shall be approved choose

20  one of the following options:

21         1.  An approval process that incorporates those

22  provisions and requirements necessary for recognition by the

23  National Council for the Accreditation of Teacher Education

24  and that provides for joint accreditation and program approval

25  review by the state and the National Council for the

26  Accreditation of Teacher Education for those units seeking

27  initial or continuing accreditation. The approval process must

28  be consistent with the intent set forth in subsection (1); or

29         2.  An alternative program approval process developed

30  by the department,. This alternative approval process must be

31  consistent with the intent set forth in subsection (1) and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  based primarily upon significant, objective, and quantifiable

 2  graduate performance measures. This approval process may not

 3  be based on National Council for the Accreditation of Teacher

 4  Education provisions and requirements.

 5

 6  For purposes of this section, the term "unit" is defined by

 7  the National Association for the Accreditation of Teacher

 8  Education and means the college, school, department, or other

 9  administrative body within the institution that is primarily

10  responsible for the preparation of teachers and other

11  professional education personnel.  The term "program" is

12  defined by the State Board of Education and means a set of

13  courses, activities, or other experiences designed to help

14  individuals develop the competencies required for a specified

15  type of certification coverage.

16         (4)  CONTINUED PROGRAM APPROVAL.--Notwithstanding

17  subsection (3), failure by a public or nonpublic teacher

18  preparation program to meet the criteria for continued program

19  approval shall result in loss of program approval. The

20  Department of Education, in collaboration with the departments

21  and colleges of education, shall develop procedures for

22  continued program approval which document the continuous

23  improvement of program processes and graduates' performance.

24         (b)  Additional criteria for continued program approval

25  for public institutions may be developed by the Education

26  Standards Commission and approved by the State Board of

27  Education. Such criteria must emphasize instruction in outcome

28  measures of student performance in the areas of classroom

29  management and must provide for the evaluation of the teacher

30  candidates' performance in this area. The criteria shall also

31  require instruction in working with underachieving students.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  improving the performance of students who have traditionally

 2  failed to meet student achievement goals and have been

 3  overrepresented in school suspensions and other disciplinary

 4  actions, and Program evaluation procedures must include, but

 5  are need not be limited to, program graduates' satisfaction

 6  with instruction training and the program's unit's

 7  responsiveness to local school districts. Additional criteria

 8  for continued program approval for nonpublic institutions

 9  shall be developed in the same manner as for public

10  institutions; however, such criteria must be based upon

11  significant, objective, and quantifiable graduate performance

12  measures. Responsibility for collecting data on outcome

13  measures through survey instruments and other appropriate

14  means shall be shared by the institutions of higher education,

15  the Board of Regents, the State Board of Independent Colleges

16  and Universities, and the Department of Education. By January

17  1 of each year, the Department of Education, in cooperation

18  with the Board of Regents and the State Board of Independent

19  Colleges and Universities, shall report this information for

20  each postsecondary institution that has state-approved

21  programs of teacher education to the Governor, the

22  Commissioner of Education, the Chancellor of the State

23  University System, the President of the Senate, the Speaker of

24  the House of Representatives, all Florida postsecondary

25  teacher preparation programs, and interested members of the

26  public. This report must analyze the data and make

27  recommendations for improving teacher preparation programs in

28  the state.

29         (e)  Beginning July 1, 2000, continued approval of

30  teacher preparation programs is contingent upon compliance

31  with the student admission requirements of subsection (3) and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  upon the receipt of at least a satisfactory rating from public

 2  schools and nonpublic schools that employ graduates of the

 3  program. Employer satisfaction shall be determined by an

 4  annually administered survey instrument approved by the

 5  Department of Education that, at a minimum, must include

 6  employer satisfaction of the graduates' ability to do the

 7  following:

 8         1.  Write and speak in a logical and understandable

 9  style with appropriate grammar.

10         2.  Recognize signs of students' difficulty with the

11  reading and computational process and apply appropriate

12  measures to improve students' reading and computational

13  performance.

14         3.  Use and integrate appropriate technology in

15  teaching and learning processes.

16         4.  Demonstrate knowledge and understanding of Sunshine

17  State Standards.

18         (f)1.  Beginning with the 2000-2001 academic year, each

19  Florida public and private institution that offers a

20  state-approved teacher preparation program in this state must

21  annually report information regarding these programs to the

22  state and the general public. This information shall be

23  reported in a uniform and comprehensible manner that conforms

24  with definitions and methods proposed by the Education

25  Standards Commission, that is consistent with definitions and

26  methods approved by the Commissioner of the National Center

27  for Educational Statistics, and that is approved by the State

28  Board of Education. Beginning with the 2001-2002 academic

29  year, this information must include, at a  minimum:

30         a.  The percent of graduates obtaining full-time

31  teaching employment within the first year of graduation.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1         b.  The average length of stay of graduates in their

 2  full-time teaching positions.

 3         c.  Satisfaction ratings required in paragraph (e).

 4         2.  Beginning with the 2001-2002 academic year, each

 5  public and private institution offering training for school

 6  readiness-related professions, including training in the

 7  fields of child care and early childhood education, whether

 8  offering vocational credit, associate in science degree

 9  programs, or associate in arts degree programs, shall annually

10  report information regarding these programs to the state and

11  the general public in a uniform and comprehensible manner that

12  conforms with definitions and methods proposed by the

13  Education Standards Commission. This information must include,

14  at a minimum:

15         a.  Average length of stay of graduates in their

16  positions.

17         b.  Satisfaction ratings of graduates' employers.

18

19  This information shall be reported through publications,

20  including such as college and university catalogs and

21  promotional materials sent to potential applicants, secondary

22  school guidance counselors, and prospective employers of the

23  institution's program graduates.

24         (10)  RULES.--The State Board of Education shall adopt

25  necessary rules pursuant to ss. 120.536(1) and 120.54 to

26  implement this section.

27         Section 64.  Based on recommendations of a task force

28  appointed by the Commissioner of Education, the State Board of

29  Education shall adopt rules for speech-language services to

30  school districts that qualify for the sparsity supplement as

31  described in s. 236.081(6), F.S. These services may be

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1  provided by baccalaureate degree level persons for a period of

 2  3 years. The rules shall authorize the delivery of

 3  speech-language services by baccalaureate degree level persons

 4  under the direction of a certified speech-language pathologist

 5  with a master's degree or higher. By October 1, 2003, these

 6  rules shall be reviewed by the State Board of Education.

 7         Section 65.  This act shall take effect July 1, 2000.

 8

 9

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

11  And the title is amended as follows:

12         Delete everything before the enacting clause

13

14  and insert:

15                      A bill to be entitled

16         An act relating to teacher quality; providing a

17         short title; amending s. 20.15, F.S.; renaming

18         the Division of Human Resource Development

19         within the Department of Education as the

20         Division of Professional Educators; amending s.

21         230.23, F.S., relating to powers and duties of

22         the school board; clarifying procedures for

23         filling positions within the district;

24         requiring a district school board to consider

25         certain prior professional experience when

26         determining the salaries of instructional

27         personnel; revising the date by which the

28         salary schedule adopted by the district school

29         board must include performance-based pay;

30         clarifying requirements for performance-based

31         pay policies; providing requirements relating

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1         to parental involvement; requiring each school

 2         district with a school designated as

 3         performance grade category "F" to permit

 4         transfer of teachers with certain

 5         qualifications and providing supplements for

 6         those teachers; requiring the Commissioner of

 7         Education to adopt rules to define "teaching

 8         mastery"; correcting an obsolete cross

 9         reference; conforming terminology; amending s.

10         230.303, F.S.; replacing references to the

11         Florida Council on Educational Management with

12         the Department of Education; amending s.

13         230.33, F.S., relating to duties and

14         responsibilities of superintendents of schools;

15         requiring that nominations of persons to fill

16         instructional positions within the district

17         consider recommendations received from

18         principals of the respective schools;

19         conforming terminology; amending s. 231.001,

20         F.S., relating to school district personnel

21         policies; revising language; amending s.

22         231.002, F.S.; revising legislative findings

23         regarding the qualities of effective educators;

24         amending s. 231.02, F.S.; revising language;

25         conforming terminology; amending s. 231.045,

26         F.S., relating to periodic criminal history

27         record checks; revising language; amending s.

28         231.085, F.S., relating to duties of

29         principals; assigning responsibility for making

30         recommendations to the superintendent of

31         schools regarding the employment of

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1         instructional personnel; requiring principals

 2         to assist teachers with the diagnostic use of

 3         certain student assessment data; conforming

 4         terminology; repealing s. 231.0861, F.S.,

 5         relating to the selection of principals and

 6         assistant principals; repealing s. 231.087,

 7         F.S., relating to the Management Training Act,

 8         the Florida Council on Educational Management,

 9         the Florida Academy for School Leaders, and the

10         Center for Interdisciplinary Advanced Graduate

11         Study; amending s. 231.09, F.S., relating to

12         duties of instructional personnel; conforming

13         terminology; revising language; amending s.

14         231.095, F.S.; clarifying provisions relating

15         to assignment of teachers out-of-field;

16         providing alternative means for an assignment

17         to be considered in-field; amending s. 231.096,

18         F.S., relating to teachers teaching

19         out-of-field; conforming terminology; revising

20         language; amending s. 231.141, F.S., relating

21         to education paraprofessionals; conforming

22         terminology; revising language; amending s.

23         231.143, F.S., relating to education

24         paraprofessional career development; deleting

25         legislative findings and intent; conforming

26         terminology; amending s. 231.15, F.S., relating

27         to positions for which certificates are

28         required; deleting requirements for rules

29         adopted by the State Board of Education

30         relating to teacher certification; conforming

31         terminology; revising requirements for

                                 135
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1         exemption of retired military from certain

 2         requirements for teacher certification;

 3         amending s. 231.17, F.S., relating to teacher

 4         certification requirements; providing for

 5         application; establishing eligibility criteria;

 6         providing requirements for mastery of general

 7         knowledge; providing requirements for mastery

 8         of subject area knowledge; providing

 9         requirements for mastery of professional

10         preparation and education competence; providing

11         types and terms of certification; establishing

12         a professional preparation and education

13         competency program; providing requirements for

14         examinations; providing requirements for the

15         certification of noncitizens; providing for the

16         denial of a certificate; authorizing the

17         adoption of rules; specifying that persons who

18         apply for certification are to be governed by

19         the law and rules in effect at the time of

20         application; requiring the department to keep

21         certain records for persons to whom a

22         certificate is issued; specifying the authority

23         of the commissioner to make certain decisions

24         relating to certification; requiring the

25         department to conduct a study; amending s.

26         231.1715, F.S., relating to confidentiality of

27         examinations; deleting an obsolete cross

28         reference; amending s. 231.1725, F.S.;

29         including career specialists in provisions

30         relating to the employment of substitute

31         teachers, teachers of adult education,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1         nondegreed teachers of career education, and

 2         students performing clinical field experience;

 3         conforming terminology; repealing s. 231.173,

 4         F.S., relating to successful experienced

 5         out-of-state teachers and administrators;

 6         amending s. 231.24, F.S., relating to the

 7         process for the renewal of professional

 8         certificates; authorizing the State Board of

 9         Education to establish the amount of the fee

10         for renewal of a certificate; clarifying

11         provisions relating to extending the validity

12         period of a professional certificate based on

13         national certification; conforming terminology;

14         revising a cross reference; deleting provisions

15         relating to renewal of a specialization area

16         based on completion of a department-approved

17         summer work program; amending s. 231.261, F.S.,

18         relating to the Education Practices Commission;

19         revising language; revising the membership of

20         the commission; revising the composition of

21         panels appointed to review and issue final

22         orders on cases before the commission; deleting

23         a limitation on the number of such panels;

24         specifying that a majority of a quorum of a

25         panel has final authority in certain cases;

26         conforming terminology; amending s. 231.262,

27         F.S., relating to complaints against teachers;

28         revising language; correcting a cross

29         reference; amending s. 231.263, F.S., relating

30         to the recovery network program for educators;

31         revising language; providing requirements for

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1         the participation of certain persons;

 2         renumbering and amending s. 231.28, F.S.,

 3         relating to the Education Practices Commission;

 4         revising language; conforming terminology;

 5         requiring the revocation of an individual's

 6         certificate for a minimum of 1 year under

 7         certain circumstances; amending s. 231.29,

 8         F.S., relating to instructional personnel

 9         assessment procedures; conforming terminology;

10         correcting a cross reference; amending s.

11         231.2905, F.S., relating to the Florida School

12         Recognition Program; clarifying provisions

13         relating to financial awards; amending s.

14         231.30, F.S., relating to certification fees;

15         revising a fee limitation; requiring each

16         examination fee to sufficiently cover the

17         actual cost of developing and administering the

18         examination; amending s. 231.3505, F.S.,

19         relating to the employment of directors of

20         career education; conforming terminology;

21         revising language; amending s. 231.36, F.S.,

22         relating to contracts with instructional staff,

23         supervisors, and principals; conforming

24         terminology; amending s. 231.3605, F.S.,

25         relating to educational support employees;

26         conforming terminology; reenacting s. 231.361,

27         F.S., relating to the status of vocational

28         teachers; amending s. 231.39, F.S., relating to

29         provisions for leaves of absence; conforming

30         terminology; revising language; amending s.

31         231.40, F.S., relating to sick leave;

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1         conforming terminology; revising language;

 2         amending s. 231.41, F.S., relating to leave for

 3         illness-in-line-of-duty; conforming

 4         terminology; revising language; amending s.

 5         231.424, F.S., relating to sabbatical leave;

 6         conforming terminology; amending s. 231.434,

 7         F.S., relating to annual leave; revising

 8         language; amending s. 231.44, F.S., relating to

 9         absence without leave; conforming terminology;

10         amending s. 231.45, F.S., relating to records

11         of absences; conforming terminology; amending

12         s. 231.47, F.S., relating to substitute

13         teachers; conforming terminology; amending s.

14         231.471, F.S., relating to part-time teachers;

15         revising language; conforming terminology;

16         amending s. 231.481, F.S., relating to terminal

17         pay for accrued vacation leave; conforming

18         terminology; amending s. 231.495, F.S.,

19         relating to retirement annuities; revising

20         language; amending s. 231.545, F.S., relating

21         to the Education Standards Commission; revising

22         language; conforming terminology; amending s.

23         231.546, F.S., relating to the Education

24         Standards Commission; revising language;

25         amending s. 231.600, F.S., relating to the

26         School Community Professional Development Act;

27         revising who is included in a school community

28         for purposes of the act; expanding activities

29         to include continuous support for all education

30         professionals; clarifying responsibilities of

31         the Department of Education, school districts,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1         schools, and public colleges and universities;

 2         requiring revisions to district professional

 3         development systems to be approved by the

 4         department; providing additional performance

 5         indicators for identification of school and

 6         student needs; providing requirements for

 7         inservice activities for instructional

 8         personnel; requiring district professional

 9         development systems to include a master plan

10         for inservice activities which must be updated

11         and submitted to the commissioner annually;

12         requiring each school's principal to establish

13         and maintain an individual professional

14         development plan for each instructional

15         employee; providing requirements for individual

16         professional development plans; requiring the

17         Department of Education to provide a system for

18         the recruitment, preparation, and professional

19         development of school administrative personnel;

20         providing requirements for the system;

21         requiring the Commissioner of Education to

22         appoint a task force to provide certain

23         recommendations; providing for membership of

24         the task force; clarifying funding

25         requirements; authorizing the provision of

26         inservice activities to certain instructional

27         personnel on a fee basis; authorizing the

28         development of professional development systems

29         by certain organizations of nonpublic schools;

30         providing for determination of best practices;

31         clarifying provisions relating to required

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1         changes in profession development based on lack

 2         of student progress; providing a cross

 3         reference; revising language; conforming

 4         terminology; amending s. 231.6135, F.S.,

 5         relating to the statewide system of inservice

 6         professional development; clarifying who will

 7         be provided inservice training; conforming

 8         terminology; providing gender neutral

 9         terminology; repealing s. 231.614, F.S.,

10         relating to an inservice master plan for

11         vocational educators and a task force; amending

12         s. 231.62, F.S., relating to identification of

13         critical teacher shortage areas; providing a

14         cross reference; conforming terminology;

15         amending s. 231.621, F.S., relating to the

16         Critical Teacher Shortage Student Loan

17         Forgiveness Program; revising language;

18         providing a cross reference; creating s.

19         231.6215, F.S.; establishing a student

20         fellowship program; providing standards and

21         conditions for receipt and forgiveness of a

22         loan; providing conditions for repayment of

23         loans not eligible for loan forgiveness;

24         authorizing conditions for deferment of

25         repayment; providing for a revolving fund;

26         limiting implementation to the amount

27         specifically funded in the General

28         Appropriations Act; amending s. 231.625, F.S.,

29         relating to teacher recruitment and retention;

30         revising language; requiring the department to

31         provide information relating to certification

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1         procedures; revising a reference to the Office

 2         of Teacher Recruitment and Retention Services;

 3         amending s. 231.6255, F.S., relating to the

 4         Christa McAuliffe Ambassador for Education

 5         Program; revising language; revising references

 6         to the Office of Teacher Recruitment and

 7         Retention Services; amending s. 231.63, F.S.,

 8         relating to the Florida Educator Hall of Fame;

 9         revising language; deleting obsolete language;

10         repealing s. 231.65, F.S., relating to the

11         Institute for Instructional Research and

12         Practice and Student Educational Evaluation and

13         Performance; amending s. 231.67, F.S., relating

14         to the Florida Teachers Lead Program Stipend;

15         providing for funding of the program;

16         specifying authorized uses of the funds;

17         establishing procedures for determining the

18         amount of each stipend; exempting purchases

19         made with stipend funds from state or local

20         competitive bidding requirements; requiring

21         funds to be disbursed directly to each teacher;

22         requiring each teacher to sign a statement

23         agreeing to certain terms; providing

24         requirements for unused funds; defining

25         "classroom teacher" for purposes of the

26         program; creating s. 231.700, F.S.; creating

27         the Florida Mentor Teacher School Pilot

28         Program; providing legislative findings and

29         intent; providing goals of the program;

30         establishing five teacher career development

31         positions and minimum requirements; authorizing

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1         the adoption of rules; limiting implementation

 2         to the extent funded by the General

 3         Appropriations Act; amending s. 236.081, F.S.,

 4         relating to funds for the operation of schools;

 5         providing bonuses for teachers who provide

 6         advanced placement instruction; correcting a

 7         cross reference; amending s. 236.08106, F.S.,

 8         relating to the Excellent Teaching Program;

 9         providing that the Florida School for the Deaf

10         and the Blind shall be considered a school

11         district for the purposes of said section;

12         deleting a limitation on the amount of a fee

13         subsidy; requiring certain participants to

14         provide mentoring and related services to

15         teachers throughout the state; repealing s.

16         236.0811, F.S., relating to educational

17         training; amending s. 240.529, F.S., relating

18         to public accountability and state approval for

19         teacher preparation programs; deleting

20         provisions relating to a teacher preparation

21         program committee and a report; requiring

22         education accountability concepts and standards

23         emphasized by the departments and colleges of

24         education to include the Sunshine State

25         Standards; deleting an alternative to

26         department approval of a teacher preparation

27         program and deleting definitions, to conform;

28         providing requirements for continued program

29         approval based on measurements of employer

30         satisfaction; revising language; specifying

31         information to be provided to the state and the

                                 143
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2432, 1st Eng.

    Amendment No.    





 1         general public regarding teacher preparation

 2         programs; providing cross references; directing

 3         the State Board of Education to adopt certain

 4         rules; providing an effective date.

 5

 6

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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