Senate Bill 2432
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Florida Senate - 2000 SB 2432
By Senator Cowin
11-1457B-00
1 A bill to be entitled
2 An act relating to school system personnel;
3 amending s. 20.15, F.S.; changing the name of
4 the Division of Human Resource Development to
5 the Division of Professional Educators;
6 amending s. 230.303, F.S.; assigning duties of
7 the Florida Council on Educational Development
8 to the Department of Education; amending ss.
9 231.15, 231.17, F.S.; revising certification
10 requirements; providing for a competency-based
11 alternative preparation program; providing
12 criteria for out-of-state teachers and
13 administrators; amending s. 231.1725, F.S.;
14 requiring school boards to establish minimal
15 qualifications for career specialists; amending
16 s. 231.24, F.S.; authorizing the State Board of
17 Education to establish a certificate fee;
18 extending the time within which an expired
19 certification may be reinstated; amending s.
20 231.261, F.S.; expanding the membership of the
21 Education Practices Commission; revising the
22 method of designating panels to review
23 certificates; amending s. 231.263, F.S.;
24 providing for a deferred prosecution agreement
25 when enrolled in a recovery network treatment
26 program; amending s. 231.28, F.S.; revising
27 disciplinary procedures of the Education
28 Practices Commission; amending s. 231.30, F.S.;
29 providing standards for certification fees;
30 amending s. 231.600, F.S.; providing criteria
31 for inservice activities of professional
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1 development systems; requiring the Department
2 of Education to provide a system for
3 recruitment, preparation, and professional
4 development of school administrators; amending
5 ss. 231.625, 231.6255, F.S.; providing for the
6 Department of Education to take over duties of
7 the Office of Teacher Recruitment and Retention
8 Services; amending s. 236.081, F.S.; conforming
9 a statutory cross-reference; amending s.
10 236.08106, F.S.; raising the cap on the fee
11 subsidy for the Excellent Teaching Program;
12 creating the Florida Mentor Teacher School
13 Pilot Program; providing standards for multiple
14 career paths in teaching; providing criteria
15 for the program; providing for salary
16 incentives; providing for rulemaking authority;
17 repealing s. 231.0861, F.S., relating to
18 selection of principals and assistant
19 principals; repealing s. 231.087, F.S.,
20 relating to management training; repealing s.
21 231.173, F.S., relating to out-of-state
22 teachers and administrators; repealing s.
23 236.0811, F.S., relating to school board
24 educational training programs; providing an
25 effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Paragraph (e) of subsection (3) of section
30 20.15, Florida Statutes, is amended to read:
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Florida Senate - 2000 SB 2432
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1 20.15 Department of Education.--There is created a
2 Department of Education.
3 (3) DIVISIONS.--The following divisions of the
4 Department of Education are established:
5 (e) Division of Professional Educators Human Resource
6 Development.
7 Section 2. Subsection (6) of section 230.303, Florida
8 Statutes, is amended to read:
9 230.303 Superintendent of schools.--
10 (6)(a) The Department of Education Florida Council on
11 Educational Management shall provide a leadership development
12 and performance compensation program for superintendents of
13 schools, comparable to chief executive officer development
14 programs for corporate executive officers, to include:
15 1. A content-knowledge-and-skills phase consisting of:
16 creative leadership models and theory, demonstration of
17 effective practice, simulation exercises and personal skills
18 practice, and assessment with feedback, taught in a
19 professional training setting under the direction of
20 experienced, successful trainers.
21 2. A competency-acquisition phase consisting of
22 on-the-job application of knowledge and skills for a period of
23 not less than 6 months following the successful completion of
24 the content-knowledge-and-skills phase. The
25 competency-acquisition phase shall be supported by adequate
26 professional technical assistance provided by experienced
27 trainers approved by the Department of Education Florida
28 Council on Educational Management. Competency acquisition
29 shall be demonstrated through assessment and feedback.
30 (b) Upon the successful completion of both phases and
31 demonstrated successful performance, as determined by the
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Florida Senate - 2000 SB 2432
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1 Department of Education Florida Council on Educational
2 Management, a superintendent of schools shall be issued a
3 Chief Executive Officer Leadership Development Certificate and
4 shall be given an annual performance salary incentive of not
5 less than $3,000 or more than $7,500 based upon his or her
6 performance evaluation.
7 (c) A superintendent's eligibility to continue
8 receiving the annual performance salary incentive is
9 contingent upon his or her continued performance assessment
10 and followup training prescribed by the Department of
11 Education Florida Council on Educational Management.
12 Section 3. Subsection (1) of section 231.15, Florida
13 Statutes, is amended to read:
14 231.15 Positions for which certificates required.--
15 (1) The State Board of Education shall classify school
16 services, designate the certification subject areas, establish
17 competencies, including the use of technology to enhance
18 student learning, and certification requirements for all
19 school-based personnel, and prescribe rules in accordance with
20 which the professional, temporary, and part-time certificates
21 shall be issued by the Department of Education to applicants
22 who meet the standards prescribed by such rules for their
23 class of service. The rules must allow the holder of a valid
24 professional certificate to add an area of certification
25 without completing the associated course requirements if the
26 certificateholder attains a passing score on an examination of
27 competency in the subject area to be added, and provides
28 evidence of at least 2 years of satisfactory performance
29 evaluations that considered the performance of students taught
30 by the certificateholder. The rules must allow individuals who
31 have specific subject area expertise, but who have not
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1 completed a standard teacher preparation program, to
2 participate in a state-approved alternative certification
3 program for a professional certificate. As appropriate, this
4 program must provide for demonstration competencies in lieu of
5 completion of a specific number of college course credit hours
6 in the areas of assessment, communication, critical thinking,
7 human development and learning, classroom management,
8 planning, technology, diversity, teacher responsibility, code
9 of ethics, and continuous professional improvement. The State
10 Board of Education shall consult with the State Board of
11 Independent Colleges and Universities, the State Board of
12 Nonpublic Career Education, the Board of Regents, and the
13 State Board of Community Colleges before adopting any changes
14 to training requirements relating to entry into the
15 profession. This consultation must allow the educational board
16 to provide advice regarding the impact of the proposed changes
17 in terms of the length of time necessary to complete the
18 training program and the fiscal impact of the changes. The
19 educational board must be consulted only when an institution
20 offering the training program falls under its jurisdiction.
21 Each person employed or occupying a position as school
22 supervisor, principal, teacher, library media specialist,
23 school counselor, athletic coach, or other position in which
24 the employee serves in an instructional capacity, in any
25 public school of any district of this state shall hold the
26 certificate required by law and by rules of the state board in
27 fulfilling the requirements of the law for the type of service
28 rendered. However, the state board shall adopt rules
29 authorizing school boards to employ selected noncertificated
30 personnel to provide instructional services in the
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1 individuals' fields of specialty or to assist instructional
2 staff members as education paraprofessionals.
3 Section 4. Section 231.17, Florida Statutes, is
4 amended to read:
5 231.17 Official statements of eligibility and
6 certificates granted on application to those meeting
7 prescribed requirements.--
8 (1) APPLICATION.--Each person seeking certification
9 pursuant to this chapter shall submit a completed application
10 to the Department of Education and remit the fee required
11 pursuant to s. 231.30. Applications submitted shall contain
12 the applicant's social security number. Pursuant to the
13 federal Personal Responsibility and Work Opportunity
14 Reconciliation Act of 1996, each party is required to provide
15 his or her social security number in accordance with this
16 section. Disclosure of social security numbers obtained
17 through this requirement shall be limited to the purpose of
18 administration of the Title IV-D program for child support
19 enforcement. Pursuant to s. 120.60, the Department of
20 Education shall issue within 90 calendar days after the
21 stamped receipted date of the completed application an
22 official statement of eligibility for certification or a
23 certificate covering the classification, level, and area for
24 which the applicant is deemed qualified.
25 (2) STATEMENT OF ELIGIBILITY.--The statement of
26 eligibility must advise the applicant of the qualifications
27 that must be completed to qualify for the temporary or
28 professional certificate sought. Each statement of eligibility
29 is valid for 2 years after its date of issuance except as
30 provided in paragraph (3)(b) and may be reissued for one
31 additional 2-year period if application is made while the
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1 initial statement of eligibility is valid or within 1 year
2 after the initial statement expires.
3 (3) TEMPORARY CERTIFICATE.--
4 (a) The department shall issue a temporary certificate
5 to any applicant who submits satisfactory evidence of
6 possessing the qualifications for such a certificate as
7 prescribed by this chapter and by rules of the state board.
8 Each temporary certificate is valid for 3 school fiscal 2
9 years after the date of its issuance and is nonrenewable,
10 except as otherwise provided in subsection (6).
11 (b) Issuance of the temporary certificate shall occur
12 when the department:
13 1. Receives the applicant's fingerprint reports from
14 the Department of Law Enforcement and the Federal Bureau of
15 Investigation pursuant to s. 231.02. Upon the receipt of an
16 employer's request for issuance of a certificate, if the
17 fingerprint reports indicate a criminal history or if the
18 applicant acknowledges a criminal history, the applicant's
19 records shall be referred to the Bureau of Educator Standards
20 for review and determination of eligibility for certification.
21 If the applicant fails to provide the necessary documentation
22 requested by the Bureau of Educator Standards within 90 days
23 after the date of the receipt of the certified mail request,
24 the statement of eligibility and pending application become
25 invalid;, and
26 2. Determines that the applicant is qualified for the
27 temporary certificate.
28 (c) To qualify for a temporary certificate, the
29 applicant must:
30 1. File a written statement under oath that the
31 applicant subscribes to and will uphold the principles
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1 incorporated in the Constitutions of the United States and of
2 the State of Florida.
3 2. Be at least 18 years of age.
4 3. Document receipt of a bachelor's or higher degree
5 from an accredited institution of higher learning, as defined
6 by state board rule. Credits and degrees awarded by a newly
7 created Florida state institution that is part of the State
8 University System shall be considered as granted by an
9 accredited institution of higher learning during the first 2
10 years of course offerings while accreditation is gained.
11 Degrees from foreign institutions, or degrees from other
12 institutions of higher learning that are in the accreditation
13 process, may be validated by a process established in state
14 board rule. Once an institution gains accreditation is gained,
15 the institution shall be considered as accredited beginning
16 with the 2-year period prior to the date of accreditation. The
17 bachelor's or higher degree may not be required in areas
18 approved in rule by the State Board of Education as nondegreed
19 areas. Each applicant seeking initial certification must have
20 attained at least a 2.5 overall grade point average on a 4.0
21 scale in the applicant's major field of study. The applicant
22 may document the required education by submitting official
23 transcripts from institutions of higher education or by
24 authorizing the direct submission of such official transcripts
25 through established electronic network systems.
26 4. Be competent and capable of performing the duties,
27 functions, and responsibilities of a teacher.
28 5. Be of good moral character.
29 6. Demonstrate mastery of subject-matter knowledge as
30 specified in State-Board-of-Education rules. Effective July 1,
31 2002, individuals may also demonstrate mastery of
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1 subject-matter knowledge by obtaining a passing score on an
2 examination of competency as provided for in subsection (8).
3 This examination of subject-matter competency may be used for
4 determining eligibility for initial certification or the
5 addition of a subject to a certificate.
6 7.6. Demonstrate mastery of general knowledge,
7 including the ability to read, write, compute, and use
8 technology for classroom instruction. Individuals who apply
9 for certification on or after July 1, 2000, must demonstrate
10 these minimum competencies in order to receive a temporary
11 certificate. Until July 1, 2002, acceptable means of
12 demonstrating such mastery are is an individual's achievement
13 of passing scores on another state's general knowledge
14 examinations or a valid standard teaching certificate issued
15 by another state that requires mastery of general knowledge.
16
17 Rules adopted pursuant to this section shall provide for the
18 review and acceptance of credentials from foreign institutions
19 of higher learning.
20 (4) PROFESSIONAL CERTIFICATE.--The department shall
21 issue a professional certificate for a period not to exceed 5
22 years to any applicant who meets the requirements for a
23 temporary certificate and documents successful completion of
24 the following: mastery of the minimum competencies required by
25 subsection (5). Mastery of the minimum competencies must be
26 documented on a comprehensive written examination or through
27 other criteria as specified by rules of the state board.
28 Mastery of minimum competencies required under subsection (5)
29 must be demonstrated in the following areas:
30
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1 (a) The professional education subtest of the Florida
2 Teacher Certification Examination or other test of
3 professional knowledge as prescribed in subsection (8);
4 (b) The subject area examination or other test of
5 subject matter knowledge as prescribed in subsection (8);
6 (c) Demonstration of professional education competence
7 as prescribed in subsections (5) and (7);
8 (d) Professional preparation as prescribed in
9 subsection (7) or in state board rule; and
10 (e) Recent college credit as prescribed in state board
11 rule.
12
13 An individual who meets requirements prescribed in subsection
14 (9) for experienced educators from other states will be
15 considered to have completed requirements for issuance of the
16 professional certificate.
17 (a) General knowledge, including the ability to read,
18 write, and compute, and use technology for classroom
19 instruction. However, individuals who apply for certification
20 on or after July 1, 2000, must demonstrate these minimum
21 competencies in order to receive a temporary certificate.
22 Acceptable means of for certification on or after July 1,
23 2000, must demonstrate these minimum competencies in order to
24 receive a temporary certificate. Acceptable means of
25 demonstrating such mastery is an individual's achievement of
26 passing scores on another state's general knowledge
27 examinations or a valid standard teaching certificate issued
28 by another state that requires mastery of general knowledge.
29 (b) Professional skills and knowledge of the standards
30 of professional practice.
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1 (c) The subject matter in each area for which
2 certification is sought.
3 (5) MINIMUM COMPETENCIES FOR PROFESSIONAL
4 CERTIFICATE.--
5 (a) The state board must specify, by rule, the minimum
6 essential competencies that educators must possess and
7 demonstrate in order to qualify to teach students the
8 standards of student performance adopted by the state board.
9 The minimum competencies must include but are not limited to
10 the ability to:
11 (a)1. Write in a logical and understandable style with
12 appropriate grammar and sentence structure.
13 (b)2. Read, comprehend, and interpret professional and
14 other written material.
15 (c)3. Comprehend and work with mathematical concepts,
16 including algebra.
17 (d)4. Recognize signs of students' difficulty with the
18 reading process and apply appropriate measures to improve
19 students' reading performance.
20 (e)5. Recognize signs of severe emotional distress in
21 students and apply techniques of crisis intervention with an
22 emphasis on suicide prevention and positive emotional
23 development.
24 (f)6. Recognize signs of alcohol and drug abuse in
25 students and know how to appropriately work with such students
26 and seek assistance designed to prevent future abuse.
27 (g)7. Recognize the physical and behavioral indicators
28 of child abuse and neglect, know rights and responsibilities
29 regarding reporting, know how to care for a child's needs
30 after a report is made, and know recognition, intervention,
31 and prevention strategies pertaining to child abuse and
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1 neglect which can be related to children in a classroom
2 setting in a nonthreatening, positive manner.
3 (h)8. Comprehend patterns of physical, social, and
4 academic development in students, including exceptional
5 students in the regular classroom, and counsel these students
6 concerning their needs in these areas.
7 (i)9. Recognize and be aware of the instructional
8 needs of exceptional students.
9 (j)10. Comprehend patterns of normal development in
10 students and employ appropriate intervention strategies for
11 disorders of development.
12 (k)11. Identify and comprehend the codes and standards
13 of professional ethics, performance, and practices adopted
14 pursuant to s. 231.546(2)(b), the grounds for disciplinary
15 action provided by s. 231.28, and the procedures for resolving
16 complaints filed pursuant to this chapter, including appeal
17 processes.
18 (l)12. Recognize and demonstrate awareness of the
19 educational needs of students who have limited proficiency in
20 English and employ appropriate teaching strategies.
21 (m)13. Use and integrate appropriate technology in
22 teaching and learning processes and in managing, evaluating,
23 and improving instruction.
24 (n)14. Use assessment and other diagnostic strategies
25 to assist the continuous development of the learner.
26 (o)15. Use teaching and learning strategies that
27 include considering each student's culture, learning styles,
28 special needs, and socioeconomic background.
29 (p)16. Demonstrate knowledge and understanding of the
30 subject matter that is aligned with the subject knowledge and
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1 skills specified in the Sunshine State Standards and student
2 performance standards approved by the state board.
3 (q)17. Recognize the early signs of truancy in
4 students and identify effective interventions to avoid or
5 resolve nonattendance behavior.
6 (r)18. Demonstrate knowledge and skill in managing
7 student behavior inside and outside the classroom. Such
8 knowledge and skill must include techniques for preventing and
9 effectively responding to incidents of disruptive or violent
10 behavior.
11 (s)19. Demonstrate knowledge of and skill in
12 developing and administering appropriate classroom assessment
13 instruments designed to measure student learning gains.
14 (t)20. Demonstrate the ability to maintain a positive
15 collaborative relationship with students' families to increase
16 student achievement.
17 (b) The state board shall designate the certification
18 areas for subject area tests. However, an applicant may
19 satisfy the subject area and professional knowledge testing
20 requirements by attaining scores on corresponding tests from
21 the National Teachers Examination series, and successors to
22 that series, that meet standards established by the state
23 board. The College Level Academic Skills Test, a similar test
24 approved by the state board, or corresponding tests from the
25 National Teachers Examination series must be used to
26 demonstrate mastery of general knowledge as required in
27 paragraphs (3)(c) and (4)(a). All required tests may be taken
28 prior to graduation. The College Level Academic Skills Test
29 shall be waived for any applicant who passed the reading,
30 writing, and mathematics subtest of the former Florida Teacher
31 Certification Examination or the College Level Academic Skills
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1 Test and subsequently obtained a certificate pursuant to this
2 chapter.
3 (6) EXCEPTIONS FOR ISSUANCE OF CERTIFICATES.--
4 (a) The department shall issue a temporary certificate
5 to an applicant who meets all requirements established by law
6 and rule for issuance of a professional certificate, other
7 than passing the subject-area and professional knowledge
8 examinations, demonstrating professional education
9 competencies as required in subsection (7), examination or
10 completing the professional education courses in which the
11 applicant is deficient.
12 (b) The department shall issue one nonrenewable 2-year
13 temporary certificate and one nonrenewable 5-year professional
14 certificate to a qualified applicant who holds a bachelor's
15 degree in the area of speech-language impairment to allow for
16 completion of a master's degree program in speech-language
17 impairment.
18 (c) The state board shall adopt rules to allow the
19 department to extend the validity period of a temporary
20 certificate for 2 years reissue temporary certificates as
21 follows:
22 1. One additional 2-year temporary certificate when
23 the requirements for the professional certificate were not
24 completed because of the serious illness, injury, or other
25 extraordinary, extenuating circumstance of the applicant.
26 2. A 1-year extension of the temporary certificate for
27 an applicant who was employed less than 99 days during the
28 first year of teaching.
29 3. Two additional 2-year temporary certificates to an
30 applicant who is completing the training and professional
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1 education course requirements for an English or language arts
2 teacher of students with limited proficiency in English.
3 4. A 1-year extension of the temporary certificate to
4 a foreign educated applicant who is completing professional
5 certification requirements, or to a bilingual curriculum
6 content teacher of students with limited proficiency in
7 English.
8 5. One additional 2-year temporary certificate to an
9 applicant who is completing college credits to satisfy the
10 professional education requirements for certification.
11
12 The department shall reissue the a temporary certificate for 2
13 additional years upon approval by the Commissioner of
14 Education. A upon the written request for reissuance of the
15 certificate must be submitted by of the district school
16 superintendent, the governing authority of a developmental
17 research school, or the governing authority of a
18 state-supported school or nonpublic school.
19 (7) DEMONSTRATION OF PROFESSIONAL EDUCATION
20 COMPETENCE.--
21 (a) By July 1, 2002, the department shall develop a
22 cohesive competency-based alternative preparation program by
23 which members of a school district's instructional staff may
24 satisfy the professional education course requirements
25 specified in rules of the state board of education and the
26 demonstration of professional education competencies specified
27 in paragraph (c) for issuance of a professional certificate.
28 Participants must have demonstrated subject-area expertise in
29 a certification subject designated by the state board and must
30 hold a state-issued temporary certificate. The program must
31 include the following components:
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1 1. A minimum period of initial preparation before
2 assuming duties of the teacher of record;
3 2. An option for collaboration among school districts
4 and other supporting agencies for implementation;
5 3. Experienced peer mentors;
6 4. An assessment that provides for:
7 a. An initial evaluation of each educator's
8 competencies to determine an appropriate individualized
9 professional development plan; and
10 b. A postevaluation to assure successful completion of
11 the program; and
12 5. Content to include, but not be limited to, the
13 following:
14 a. Requirements specified in State-Board-of-Education
15 rules for professional preparation;
16 b. The educator-accomplished practices approved by the
17 State Board of Education;
18 c. A variety of data indicators for student progress;
19 d. Methodologies, including technology, for teaching
20 subject content which support the Sunshine State Standards for
21 students;
22 e. Techniques for effective classroom management;
23 f. Techniques and strategies for operationalizing the
24 role of the teacher in assuring a safe learning environment
25 for students; and
26 g. Methodologies for assuring the ability of all
27 students to read.
28 (b)(a) Until July 1, 2002, each school district may
29 develop and maintain an alternative certification program by
30 which members of the district's instructional staff may
31 satisfy the professional education course requirements
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1 specified in rules of the state board for issuance of a
2 professional certificate. The state board must adopt, by rule,
3 standards and guidelines for the approval of alternative
4 certification programs. Each approved program must include
5 methods for identifying each applicant's entry-level teaching
6 competencies and must require each applicant to:
7 1. Have expertise in the subject and meet requirements
8 for specialization in a subject area for which a professional
9 certificate may be issued under this chapter and rules of the
10 state board.
11 2. Complete training in only those competency areas in
12 which deficiencies are identified.
13 3. Complete the program and demonstrate professional
14 education competence within 2 years after initial employment
15 as a member of the district's instructional staff.
16 (c)(b) Each school district must develop and maintain
17 a system by which members of the district's instructional
18 staff may demonstrate the professional education competence
19 required by this section for issuance of a professional
20 certificate. Each district's system must be based on classroom
21 application and instructional performance and must include a
22 performance evaluation plan for documenting the demonstration
23 of required professional education competence. Each individual
24 employed as a member of the district's instructional staff on
25 or after July 1, 1997, must demonstrate mastery of the
26 required professional education competence within the first
27 year of employment, unless the individual:
28 1. Has completed an approved teacher preparation
29 program at a postsecondary institution within this state;
30
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1 2. Has completed a teacher education training program
2 and has had at least 2 years of successful full-time teaching
3 experience in another state; or
4 3. Until July 1, 2002, is participating in the
5 district's alternate certification program, and, beginning
6 July 1, 2002, has completed the state-approved alternative
7 preparation program as specified in paragraph (a).
8 (d)(c) Each district school board may expend
9 educational training funds provided under ss. 236.081 and
10 231.600 236.0811 to implement this subsection.
11 (e)(d) The department must approve programs and
12 systems developed to demonstrate professional education
13 competence.
14 (8) EXAMINATIONS.--
15 (a) The commissioner, with the approval of the state
16 board, may contract for developing, printing, administering,
17 scoring, and appropriate analysis of the written tests
18 required.
19 (b) The state board shall, by rule, specify the
20 examination scores that are required for the issuance of a
21 professional certificate and temporary certificate. Such rules
22 must define generic subject area competencies and must
23 establish uniform evaluation guidelines. Individuals who apply
24 for their professional certificate before July 1, 2000, may
25 demonstrate mastery of general knowledge pursuant to the
26 alternative method specified by state board rule which must:
27 1. Apply only to an applicant who has successfully
28 completed all prerequisites for issuance of the professional
29 certificate, except passing one specific subtest of the
30 College Level Academic Skills Test, and who has taken and
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1 failed to achieve a passing score on that subtest at least
2 four times.
3 2. Require notification from the superintendent of the
4 employing school district, the governing authority of the
5 employing developmental research school, or the governing
6 authority of the employing state-supported school or nonpublic
7 school that the applicant has satisfactorily demonstrated
8 mastery of the subject area covered by that specific subtest
9 through successful experience in the professional application
10 of generic subject area competencies and proficient academic
11 performance in that subject area. The decision of the
12 superintendent or governing authority shall be based on a
13 review of the applicant's official academic transcript and
14 notification from the applicant's principal, a peer teacher,
15 and a district-level supervisor that the applicant has
16 demonstrated successful professional experience in that
17 subject area.
18 (c) The state board shall designate the certification
19 areas for subject-area tests. However, until July 1, 2002, an
20 applicant may satisfy the subject-area and professional
21 knowledge testing requirements by attaining scores on
22 corresponding tests from the National Teachers Examination
23 series, and successors to that series which meet standards
24 established by the state board. Until July 1, 2002, the
25 College Level Academic Skills Test, a similar test approved by
26 the state board, corresponding tests from the National
27 Teachers Examination series, or other acceptable means
28 described in subparagraph (3)(c)7. must be used to demonstrate
29 mastery of general knowledge as required in paragraph (3)(c).
30 All required tests may be taken before graduation. The College
31 Level Academic Skills Test is waived for any applicant who has
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1 passed the reading, writing, and mathematics subtest of the
2 former Florida Teacher Certification Examination or the
3 College Level Academic Skills Test and subsequently obtained a
4 certificate under this chapter. Beginning July 1, 2002, an
5 applicant must satisfy the testing requirements in paragraph
6 (8)(f).
7 (d)(c) If an applicant takes an examination developed
8 by this state and does not achieve the score necessary for
9 certification, the applicant may review his or her completed
10 examination and bring to the attention of the department any
11 errors that would result in a passing score.
12 (e)(d) For an examination developed by this state, the
13 department and the board shall maintain confidentiality of the
14 examination, developmental materials, and workpapers, and the
15 examination, developmental materials, and workpapers are
16 exempt from s. 119.07(1).
17 (f) By July 1, 2002, the examinations used for
18 demonstration of mastery of general knowledge, professional
19 knowledge, and subject-matter knowledge must be aligned with
20 student standards approved by the State Board of Education.
21 The delivery system for these examinations must provide for
22 overall efficiency, user-friendly application, reasonable
23 accessibility to prospective teachers, and prompt attainment
24 of test results. The examination of competency for
25 demonstration of subject-matter knowledge must be sufficiently
26 comprehensive to assess subject-matter expertise for
27 individuals who have acquired subject-matter knowledge either
28 through college credit or by other means.
29 (9) SUCCESSFUL, EXPERIENCED, OUT-OF-STATE TEACHERS AND
30 ADMINISTRATORS.--
31
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1 (a) A successful, experienced, out-of-state teacher or
2 administrator qualifies for a professional certificate if he
3 or she:
4 1. Completes the application process, including the
5 filing of a complete set of fingerprints as required by s.
6 231.02.
7 2. Holds a valid standard certificate issued by the
8 state where the applicant most recently taught, which standard
9 certificate is equivalent to the professional certificate
10 issued by this state and for which specialization coverage is
11 based on a level of training comparable to that required in
12 this state for the specialization coverage sought by the
13 applicant.
14 3. Documents 3 continuous years of successful
15 full-time teaching or administrative experience in another
16 state during the 5-year period immediately preceding the date
17 of application for certification.
18 (b) An out-of-state applicant qualifies for a
19 professional certificate if the applicant meets the
20 requirements of subparagraphs (a)1. and 2. and holds a valid
21 certificate issued by the National Board for Professional
22 Teaching Standards.
23 (c) The professional certificate issued in accordance
24 with paragraph (a) or paragraph (b) must indicate the
25 specialization coverages shown on the out-of-state certificate
26 which correspond to coverages designated by the state board.
27 (10)(9) NONCITIZENS.--
28 (a) The state board may adopt rules for issuing
29 certificates to noncitizens who may be needed to teach and who
30 are legally admitted to the United States through the United
31 States Immigration and Naturalization Service. The filing of
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1 a written oath to uphold the principles of the Constitutions
2 of the United States and of the State of Florida, required
3 under subparagraph (3)(c)1., does not apply to individuals
4 assigned to teach on an exchange basis.
5 (b) A certificate may not be issued to a citizen of a
6 nation controlled by forces that are antagonistic to
7 democratic forms of government, except to an individual who
8 has been legally admitted to the United States through the
9 Immigration and Naturalization Service.
10 (11)(10) DENIAL OF CERTIFICATE.--
11 (a) The Department of Education may deny an applicant
12 a certificate if the department possesses evidence
13 satisfactory to it that the applicant has committed an act or
14 acts, or that a situation exists, for which the Education
15 Practices Commission would be authorized to revoke a teaching
16 certificate.
17 (b) The decision of the Department of Education is
18 subject to review by the Education Practices Commission upon
19 the filing of a written request from the applicant within 20
20 days after receipt of the notice of denial.
21 (12)(11) STATE BOARD RULES.--The State Board of
22 Education shall adopt rules as necessary to implement this
23 section.
24 (13)(12) PRIOR APPLICATION.--Persons who apply for
25 initial professional or temporary certification are governed
26 by the law and rules in effect at the time of application for
27 issuance of the initial certificate.
28 (14)(13) PERSONNEL RECORDS.--The Department of
29 Education shall maintain a complete statement of the academic
30 preparation, professional training, and teaching experience of
31 each person to whom a certificate is issued. The applicant or
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1 the superintendent shall furnish the information using a
2 format or forms provided by the department.
3 (15)(14) AUTHORITY OF COMMISSIONER.--The Commissioner
4 of Education is authorized to make decisions regarding an
5 applicant's certification under extenuating circumstances not
6 otherwise provided for in statute or by rule. However, an
7 applicant for certification approved by the commissioner must
8 possess the credentials, knowledge, and skills necessary to
9 provide quality education in the public schools.
10 Section 5. Section 231.1725, Florida Statutes, is
11 amended to read:
12 231.1725 Employment of substitute teachers, teachers
13 of adult education, and nondegreed teachers of career
14 education, and career specialists; students performing
15 clinical field experience.--
16 (1) Notwithstanding the provisions of ss. 231.02,
17 231.15, and 231.17, or any other provision of law or rule to
18 the contrary, each school board shall establish the minimal
19 qualifications for:
20 (a) Substitute teachers to be employed pursuant to s.
21 231.47. The qualifications shall require the filing of a
22 complete set of fingerprints in the same manner as required by
23 s. 231.02.
24 (b) Part-time and full-time teachers in adult
25 education programs. The qualifications shall require the
26 filing of a complete set of fingerprints in the same manner as
27 required by s. 231.02. Faculty employed solely to conduct
28 postsecondary instruction may be exempted from this
29 requirement.
30 (c) Part-time and full-time nondegreed teachers of
31 vocational programs. Qualifications shall be established for
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1 agriculture, business, health occupations, family and consumer
2 sciences, industrial, marketing, career specialist, and public
3 service education teachers, based primarily on successful
4 occupational experience rather than academic training. The
5 qualifications for such teachers shall require:
6 1. The filing of a complete set of fingerprints in the
7 same manner as required by s. 231.02. Faculty employed solely
8 to conduct postsecondary instruction may be exempted from this
9 requirement.
10 2. Documentation of education and successful
11 occupational experience including documentation of:
12 a. A high school diploma or the equivalent.
13 b. Completion of 6 years of full-time successful
14 occupational experience or the equivalent of part-time
15 experience in the teaching specialization area. Alternate
16 means of determining successful occupational experience may be
17 established by the school board.
18 c. Completion of career education training conducted
19 through the local school district inservice master plan.
20 d. For full-time teachers, completion of professional
21 education training in teaching methods, course construction,
22 lesson planning and evaluation, and teaching special needs
23 students. This training may be completed through coursework
24 from a standard institution or an approved district teacher
25 education program.
26 e. Demonstration of successful teaching performance.
27 (2) Substitute, adult education, and nondegreed career
28 education teachers who are employed pursuant to this section
29 shall have the same rights and protection of laws as certified
30 teachers.
31
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1 (3) A student who is enrolled in a state-approved
2 teacher preparation program in an institution of higher
3 education which is approved by rules of the State Board of
4 Education and who is jointly assigned by the institution of
5 higher education and a school board to perform a clinical
6 field experience under the direction of a regularly employed
7 and certified educator shall, while serving such supervised
8 clinical field experience, be accorded the same protection of
9 law as that accorded to the certified educator except for the
10 right to bargain collectively as an employee of the school
11 board.
12 Section 6. Section 231.24, Florida Statutes, is
13 amended to read:
14 231.24 Process for renewal of professional
15 certificates.--
16 (1)(a) School districts in this state shall renew
17 state-issued professional certificates as follows:
18 1. Each school district shall renew state-issued
19 professional certificates for individuals who hold a
20 professional certificate by this state and are employed by
21 that district pursuant to criteria established in subsections
22 (2), (3), and (4) and requirements specified in rules of the
23 State Board of Education.
24 2. The employing school district may charge the
25 individual an application fee not to exceed the amount charged
26 by the Department of Education for such services, including
27 associated late renewal fees. Each school board shall
28 transmit monthly to the department $20, or a fee established
29 by the state board, for each renewed certificate that is
30 renewed for the first time to cover the costs for maintenance
31 and operation of the statewide certification database and for
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1 costs incurred in printing and mailing such renewed
2 certificates. As defined in current rules of the State Board
3 of Education, the department shall contribute a portion of
4 such fee for purposes of funding the Educator Recovery Network
5 established in s. 231.263. The department shall deposit all
6 funds into the Educational Certification Trust Fund for use as
7 specified in s. 231.30.
8 (b) The department shall renew state-issued
9 professional certificates for individuals who are not employed
10 by a school board of this state pursuant to criteria
11 established in subsections (2), (3), and (4) and requirements
12 specified in rules of the State Board of Education.
13 (2) All professional certificates, except a
14 nonrenewable professional certificate, shall be renewable for
15 successive periods not to exceed 5 years after the date of
16 submission of documentation of completion of the requirements
17 for renewal provided in subsection (3). Only one renewal may
18 be granted during each 5-year validity period of a
19 professional certificate., except that A teacher with national
20 certification from the National Board for Professional
21 Teaching Standards is deemed to meet state renewal
22 requirements for the life of the teacher's national
23 certificate in the subject shown on the national certificate.
24 However, if the renewal application form is not received by
25 the department or by the employing school district before the
26 expiration of the professional certificate, the application
27 form, application fee, and a late fee must be submitted before
28 July 1 of the year following expiration of the certificate in
29 order to renew the professional certificate. The state board
30 shall adopt rules to allow a 1-year extension of the validity
31 period of a professional certificate in the event of serious
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1 illness, injury, or other extraordinary extenuating
2 circumstances of the applicant. The department shall grant
3 such 1-year extension upon written request by the applicant or
4 by the superintendent of the local school district or the
5 governing authority of a developmental research school,
6 state-supported school, or nonpublic school that employs the
7 applicant.
8 (3) For the renewal of a professional certificate, the
9 following requirements must be met:
10 (a) The applicant must earn a minimum of 6 college
11 credits or 120 inservice points or a combination thereof. For
12 each area of specialization to be retained on a certificate,
13 the applicant must earn at least 3 of the required credit
14 hours or equivalent inservice points in the specialization
15 area. Education in "clinical educator" training pursuant to s.
16 240.529(5)(b) and credits or points that provide training in
17 the area of exceptional student education, normal child
18 development, and the disorders of development may be applied
19 toward any specialization area. Credits or points that provide
20 training in the areas of drug abuse, child abuse and neglect,
21 strategies in teaching students having limited proficiency in
22 English, or dropout prevention, or training in areas
23 identified in the educational goals and performance standards
24 adopted pursuant to ss. 229.591(3) and 229.592 may be applied
25 toward any specialization area. Credits or points earned
26 through approved summer institutes may be applied toward the
27 fulfillment of these requirements. Inservice points may also
28 be earned by participation in professional growth components
29 approved by the State Board of Education and specified
30 pursuant to s. 231.600 s. 236.0811 in the district's approved
31 master plan for inservice educational training, including, but
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1 not limited to, serving as a trainer in an approved teacher
2 training activity, serving on an instructional materials
3 committee or a state board or commission that deals with
4 educational issues, or serving on an advisory council created
5 pursuant to s. 229.58.
6 (b) In lieu of college course credit or inservice
7 points, the applicant may renew a specialization area by
8 passage of a state board approved subject area test., by
9 completion of the national certification from the National
10 Board for Professional Teaching Standards in that
11 specialization area, or by completion of a department approved
12 summer work program in a business or industry directly related
13 to an area of specialization listed on the certificate. The
14 state board shall adopt rules providing for the approval
15 procedure.
16 (c) If an applicant wishes to retain more than two
17 specialization areas on the certificate, the applicant shall
18 be permitted two successive validity periods for renewal of
19 all specialization areas, but must earn no fewer than 6
20 college course credit hours or the equivalent in any one
21 validity period.
22 (d) The state board shall approve rules for the
23 expanded use of training for renewal of the professional
24 certificate for educators who are required to complete
25 training in teaching students of limited English proficiency
26 as follows:
27 1. A teacher who holds a professional certificate may
28 use college credits or inservice points completed in
29 English-for-Speakers-of-Other-Languages training in excess of
30 6 semester hours during one comprehensive period toward
31
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1 renewal of the professional certificate during the subsequent
2 validity periods.
3 2. A teacher who holds a temporary certificate may use
4 college credits or inservice points completed in
5 English-for-Speakers-of-Other-Languages training toward
6 renewal of the teacher's first professional certificate. Such
7 training must not have been included within the degree
8 program, and the teacher's temporary and professional
9 certificates must be issued for consecutive school years.
10 (4) When any person who holds a valid temporary
11 certificate or professional certificate is called into or
12 volunteers for actual wartime service or required peacetime
13 military service training, the certificate shall be renewed
14 for a period of time equal to the time spent in military
15 service if the person makes proper application and presents
16 substantiating evidence to the department or the employing
17 school district regarding such military service.
18 (5) The state board shall adopt rules to allow the
19 reinstatement of expired professional certificates. The
20 department may reinstate an expired professional certificate
21 within 5 3 years after the date of expiration if the
22 certificateholder:
23 (a) Submits an application for reinstatement of the
24 expired certificate.
25 (b) Documents completion of 6 college credits during
26 the 5 years immediately preceding reinstatement of the expired
27 certificate, completion of 120 inservice points, or a
28 combination thereof, in an area specified in paragraph (3)(a).
29 (c) During the 5 years immediately preceding
30 reinstatement of the certificate, achieves a passing score on
31
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1 the subject area test for each subject to be shown on the
2 reinstated certificate.
3
4 The requirements of this subsection may not be satisfied by
5 subject area tests or college credits completed for issuance
6 of the certificate that has expired.
7 Section 7. Subsections (1) and (8) of section 231.261,
8 Florida Statutes, are amended to read:
9 231.261 Education Practices Commission;
10 organization.--
11 (1) There is created the Education Practices
12 Commission, to consist of 17 15 members, including 7 teachers,
13 5 administrators, and 5 3 lay citizens (of whom 2 shall be
14 former school board members), appointed by the State Board of
15 Education from nominations by the Commissioner of Education
16 and subject to Senate confirmation. Prior to making
17 nominations, the commissioner shall consult with the teaching
18 and other involved associations in the state. In making
19 nominations, the commissioner shall attempt to achieve equal
20 geographical representation, as closely as possible.
21 (a) A teacher member, in order to be qualified for
22 appointment:
23 1. Must be certified to teach in the state.
24 2. Must be a resident of the state.
25 3. Must have practiced the profession in this state
26 for at least 5 years immediately preceding the appointment.
27 (b) A school administrator member, in order to be
28 qualified for appointment:
29 1. Must have an endorsement on the teaching
30 certificate in the area of school administration or
31 supervision.
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1 2. Must be a resident of the state.
2 3. Must have practiced the profession as an
3 administrator for at least 5 years immediately preceding the
4 appointment.
5 (c) The lay members must be residents of the state.
6 (8)(a) The designee of the chairperson of the
7 commission shall, from time to time, designate members of the
8 commission to serve on be divided into two panels for the
9 purpose of reviewing and issuing final orders in upon cases
10 presented to the commission it. A case recommended order
11 concerning a complaint against a teacher must shall be
12 reviewed and a final order thereon entered acted upon by a
13 panel composed of seven commission members four of whom must
14 be teachers, two lay citizens, and one administrator from the
15 commission. A case recommended order concerning a complaint
16 against an administrator must shall be reviewed and a final
17 order thereon entered acted upon by a panel composed of seven
18 commission members four of whom must be administrators, two
19 lay citizens, and one teacher from the commission.
20 Notwithstanding the requirements of this paragraph for the
21 number of teachers and administrators on a panel, any four
22 members of a panel designated for a particular meeting
23 constitute a quorum of that panel for that meeting, and a
24 quorum is necessary for the panel to take official action.
25 (b) A majority of the members of a panel The panels of
26 the commission who are present shall have final agency
27 authority in all cases involving the revocation or and
28 suspension of certificates of teachers or and school
29 administrators or involving other disciplinary action against
30 teachers or school administrators. The local school board
31
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1 shall retain the authority to discipline teachers and
2 administrators pursuant to law.
3 Section 8. Section 231.263, Florida Statutes, is
4 amended to read:
5 231.263 Recovery network program for educators.--
6 (1) RECOVERY NETWORK ESTABLISHED.--There is created
7 within the Department of Education, to begin on July 1, 1994,
8 a recovery network program to assist educators who are
9 impaired as a result of alcohol abuse, drug abuse, or a mental
10 condition in obtaining treatment to permit their continued
11 contribution to the education profession. Any person who
12 holds certification issued by the department pursuant to s.
13 231.17 is eligible for the assistance.
14 (2) RECOVERY NETWORK STAFF.--
15 (a) The department shall employ an administrator and
16 staff as are necessary to be assigned exclusively to the
17 recovery network program.
18 (b) The Commissioner of Education shall establish the
19 criteria for and appoint the staff of the program.
20 (c) The department may contract with other
21 professionals to implement this section.
22 (3) PURPOSE OF RECOVERY NETWORK.--The recovery network
23 program shall assist educators in obtaining treatment and
24 services from approved treatment providers, but each impaired
25 educator must pay for his or her treatment under terms and
26 conditions agreed upon by the impaired educator and the
27 treatment provider. A person who is admitted to the program
28 must contract with the treatment provider and the program.
29 The treatment contract must prescribe the type of treatment
30 and the responsibilities of the impaired educator and of the
31
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1 provider and must provide that the impaired educator's
2 progress will be monitored by the program.
3 (4) APPROVAL OF TREATMENT PROVIDERS.--The recovery
4 network program shall locate, evaluate, and approve qualified
5 treatment providers.
6 (5) RELATIONSHIP WITH EDUCATIONAL PRACTICES COMMISSION
7 AND DEPARTMENT OF EDUCATION.--The recovery network program
8 shall operate independently of, but may cooperate with, the
9 Office of Professional Practices Services of the Department of
10 Education and the Education Practices Commission. A person's
11 participation in the program entitles the commissioner to
12 enter into a deferred prosecution agreement pursuant to s.
13 231.262, or such participation may be considered a factor in
14 mitigation of or a condition of disciplinary action against
15 the person's certificate by the Education Practices Commission
16 pursuant to s. 231.28.
17 (6) PARTICIPATION IN RECOVERY NETWORK PROGRAM.--The
18 recovery network program shall operate independently of
19 employee assistance programs operated by local school
20 districts, and the powers and duties of school districts to
21 make employment decisions, including disciplinary decisions,
22 is not affected except as provided in this section:
23 (a) Educator not subject to investigation or
24 proceedings.--A person who is not subject to investigation or
25 proceedings under ss. 231.262 and 231.28 may voluntarily seek
26 assistance through a local school district employee assistance
27 program for which he or she is eligible and through the
28 recovery network, regardless of action taken against him or
29 her by a school district. Voluntarily seeking assistance alone
30 does not subject a person to proceedings under ss. 231.262 and
31 231.28.
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1 (b) Educator subject to investigation or
2 proceedings.--A person who is subject to investigation or
3 proceedings under ss. 231.262 and 231.28 may be required to
4 participate in the program. The program may approve a local
5 employee assistance program as a treatment provider or as a
6 means of securing a treatment provider. The program and the
7 local school district shall cooperate so that the person may
8 obtain treatment without limiting the school district's
9 statutory powers and duties as an employer or the disciplinary
10 procedures under ss. 231.262 and 231.28.
11 (c) Deferred prosecution agreements with educator not
12 previously investigated.--A person who has not previously been
13 under investigation by the Department of Education may be
14 enrolled in a treatment program by the recovery network after
15 an investigation has commenced, if the person:
16 1. Acknowledges his or her impairment;
17 2. Agrees to evaluation as approved by the recovery
18 network;
19 3. Agrees to enroll in an appropriate treatment
20 program approved by the recovery network;
21 4. Executes releases to the recovery network program
22 for all medical and treatment records regarding his or her
23 impairment and participation in a treatment program under 42
24 U.S.C. s. 290dd-3 and the federal regulations adopted
25 thereunder;
26 5. Enters into a deferred-prosecution agreement with
27 the Commissioner of Education which provides that a
28 prosecution may not be instituted concerning the matters
29 enumerated in the agreement while the person is properly
30 enrolled in the treatment program and successfully completing
31 the program as certified by the recovery network. The
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1 Commissioner of Education is under no obligation to enter into
2 a deferred-prosecution agreement with the educator but may do
3 so if he or she determines that it is in the best interests of
4 the educational program of the state; and
5 6. Has not previously entered any substance abuse
6 program, is not being investigated for any action involving a
7 felony or violence against another person, and has not had
8 multiple arrests for minor drug use, possession, or abuse of
9 alcohol. If the educator violates the provisions of the
10 deferred-prosecution agreement, fails to complete the program,
11 or in any other fashion becomes ineligible for the treatment
12 program provided by the recovery network, the Department of
13 Education must be notified of the educator's failure and the
14 department shall continue its investigation and take action
15 against the educator's certificate pursuant to s. 231.262.
16 Upon notification of failure of the recovery network program
17 all records not otherwise excluded are to be considered public
18 records as provided in this chapter.
19 (7) REFERRAL WHEN NO PROBABLE CAUSE FOUND.--If a
20 complaint is made to the department against a teacher or an
21 administrator pursuant to s. 231.262 and a finding of no
22 probable cause indicates that no concern other than impairment
23 exists, the department shall inform the person of the
24 availability of assistance provided by the recovery network
25 program.
26 (8) ADMISSION TO THE RECOVERY NETWORK.--A person who
27 is referred or who requests admission to the recovery network
28 program shall be temporarily admitted pending a finding that
29 he or she has:
30 (a) Acknowledged his or her impairment problem.
31
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1 (b) Agreed to evaluation as approved by the recovery
2 network program.
3 (c) Voluntarily enrolled in an appropriate treatment
4 program approved by the recovery network program.
5 (d) Voluntarily sought agreement from the school
6 district for temporary leave or limitations on the scope of
7 employment if the temporary leave or limitations are included
8 in the treatment provider's recommendations; or voluntarily
9 agreed to pursue the alternative treatment recommended by the
10 treatment provider if the school district does not approve
11 such temporary leave or limitations on the scope of
12 employment.
13 (e) Executed releases to the recovery network program
14 for all medical and treatment records regarding his or her
15 impairment and participation in a treatment program pursuant
16 to 42 U.S.C. s. 290dd-3 and the federal regulations adopted
17 thereunder.
18 (9) DISCLOSURE OF MEDICAL RECORDS.--An approved
19 treatment provider must disclose to the recovery network
20 program all information in its possession which relates to a
21 person's impairment and participation in the treatment
22 program. Information obtained under this subsection is
23 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
24 of the State Constitution. This exemption is necessary to
25 promote the rehabilitation of impaired educators and to
26 protect the privacy of treatment program participants. The
27 failure to provide such information to the program is grounds
28 for withdrawal of approval of a treatment provider. Medical
29 records provided to the program may not be disclosed to any
30 other person, except as authorized by law.
31 (10) DECLARATION OF INELIGIBILITY.--
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1 (a) A person may be declared ineligible for further
2 assistance from the recovery network program if he or she does
3 not progress satisfactorily in a treatment program or leaves a
4 prescribed program or course of treatment without the approval
5 of the treatment provider.
6 (b) The determination of ineligibility must be made by
7 the commissioner in cases referred to him or her by the
8 program administrator. Before referring a case to the
9 commissioner, the administrator must discuss the circumstances
10 with the treatment provider. The commissioner may direct the
11 Office of Professional Practices Services to investigate the
12 case and provide a report.
13 (c) If a treatment contract with the program is a
14 condition of a deferred prosecution agreement, and the
15 commissioner determines that the person is ineligible for
16 further assistance, the commissioner may agree to modify the
17 terms and conditions of the deferred prosecution agreement or
18 may issue an administrative complaint, pursuant to s. 231.262,
19 alleging the charges regarding which prosecution was deferred.
20 The person may dispute the determination as an affirmative
21 defense to the administrative complaint by including with his
22 or her request for hearing on the administrative complaint a
23 written statement setting forth the facts and circumstances
24 that show that the determination of ineligibility was
25 erroneous. If administrative proceedings regarding the
26 administrative complaint, pursuant to ss. 120.569 and 120.57,
27 result in a finding that the determination of ineligibility
28 was erroneous, the person is eligible to participate in the
29 program. If the determination of ineligibility was the only
30 reason for setting aside the deferred prosecution agreement
31 and issuing the administrative complaint and the
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1 administrative proceedings result in a finding that the
2 determination was erroneous, the complaint shall be dismissed
3 and the deferred prosecution agreement reinstated without
4 prejudice to the commissioner's right to reissue the
5 administrative complaint for other breaches of the agreement.
6 (d) If a treatment contract with the program is a
7 condition of a final order of the Education Practices
8 Commission, the commissioner's determination of ineligibility
9 constitutes a finding of probable cause that the person failed
10 to comply with the final order. The commissioner shall issue
11 an administrative complaint, and the case shall proceed under
12 ss. 231.262 and 231.28, in the same manner as cases based on a
13 failure to comply with an order of the Education Practices
14 Commission.
15 (e) If the person voluntarily entered into a treatment
16 contract with the program, the commissioner shall issue a
17 written notice stating the reasons for the determination of
18 ineligibility. Within 20 days after the date of such notice,
19 the person may contest the determination of ineligibility
20 pursuant to ss. 120.569 and 120.57.
21 (11) RELEASE AND DISCLOSURE OF MEDICAL
22 RECORDS.--Medical records released pursuant to paragraph
23 (8)(e) may be disclosed to the commissioner, the Office of
24 Professional Practices Services, and the Education Practices
25 Commission only as required for purposes of this section, or
26 as otherwise authorized by law. Further disclosure or release
27 of the medical records may not be made except as authorized by
28 law and in accordance with 42 U.S.C. s. 290dd-2 and the
29 federal regulations adopted thereunder. The medical records
30 are confidential and exempt from s. 119.07(1) and s. 24(a),
31 Art. I of the State Constitution.
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1 (12) FEES.--The State Board of Education shall include
2 in the fees established pursuant to s. 231.30 an amount
3 sufficient to implement the provisions of this section. The
4 state board shall by rule establish procedures and additional
5 standards for:
6 (a) Approving treatment providers, including
7 appropriate qualifications and experience, amount of
8 reasonable fees and charges, and quality and effectiveness of
9 treatment programs provided.
10 (b) Admitting eligible persons to the program.
11 (c) Evaluating impaired persons by the recovery
12 network program.
13 Section 9. Subsection (6) of section 231.28, Florida
14 Statutes, is amended to read:
15 231.28 Education Practices Commission; authority to
16 discipline.--
17 (6)(a) When an individual violates the provisions of a
18 settlement agreement enforced by a final order of the
19 Education Practices Commission, an order to show cause may be
20 issued by the clerk of the commission. The order shall require
21 the individual to appear before the commission to show cause
22 why further penalties should not be levied against the
23 individual's certificate pursuant to the authority provided to
24 the Education Practices Commission in subsection (1). The
25 Education Practices Commission shall have the authority to
26 fashion further penalties under the authority of subsection
27 (1) as deemed appropriate when the show cause order is
28 responded to by the individual.
29 (b) If an individual has been found to have violated
30 this section such that the Education Practices Commission has
31 the authority to take action against the individual's Florida
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1 Educator's Certificate on two separate occasions, or if the
2 individual has entered into a settlement agreement enforced by
3 a final order of the Education Practices Commission for the
4 second time, or any combination of two instances of settlement
5 agreement and a finding of a violation of this section, the
6 Educational Practices Commission shall, upon a third finding
7 of probable cause by the Commissioner of Education and a
8 finding that the allegations are proven or admitted to, issue
9 a final order revoking the individual's Florida Educator's
10 Certificate for a minimum of 1 year. If, in the third
11 instance, the individual enters into a settlement agreement
12 with the Department of Education, that agreement must also
13 include a penalty revoking that individual's Florida
14 Educator's Certificate for a minimum of 1 year.
15 Section 10. Subsection (1) of section 231.30, Florida
16 Statutes, is amended to read:
17 231.30 Certification fees.--
18 (1) The State Board of Education, by rule, shall
19 establish separate fees for applications, examinations,
20 certification, certification renewal, late renewal,
21 recordmaking, and recordkeeping, and may establish procedures
22 for scheduling and administering an examination upon an
23 applicant's request. Each fee shall be based on department
24 estimates of the revenue required to implement the provisions
25 of law with respect to certification of school personnel and
26 shall not exceed $60, except as otherwise provided in this
27 section. The application fee shall be nonrefundable. Each
28 examination fee shall be sufficient to cover the actual cost
29 of developing and administering the examination, but shall not
30 exceed $60 for any regularly scheduled examination or $100 for
31 an examination administered upon an applicant's request.
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1 Effective July 1, 2002, the examination fee must be based upon
2 the cost of developing and administering the examination.
3 Section 11. Section 231.600, Florida Statutes, is
4 amended to read:
5 231.600 School Community Professional Development
6 Act.--
7 (1) The Department of Education, public community
8 colleges and universities, public school districts, and public
9 schools in this state shall collaborate to establish a
10 coordinated system of professional development. The purpose of
11 the professional development system is to enable the school
12 community to meet state and local student achievement
13 standards and the state education goals and to succeed in
14 school improvement as described in s. 229.591.
15 (2) The school community includes administrators,
16 instructional personnel, support personnel, principals,
17 members of district school boards, members of school advisory
18 councils, parents, business partners, and personnel that
19 provide health and social services to school children. School
20 districts may identify and include additional members of the
21 school community in the professional development activities
22 required by this section.
23 (3) The activities designed to implement this section
24 must:
25 (a) Increase the success of educators in guiding
26 student learning and development so as to implement state and
27 local educational standards, goals, and initiatives;
28 (b) Assist the school community in providing
29 stimulating educational activities that encourage and motivate
30 students to achieve at the highest levels and to become active
31 learners; and
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1 (c) Provide continuous support for all educational
2 professionals as well as temporary intervention for education
3 professionals who need improvement in knowledge, skills, and
4 performance.
5 (4) The Department of Education, school districts,
6 schools, and public colleges and universities share the
7 responsibilities described in this section. These
8 responsibilities include the following:
9 (a) The department shall develop and disseminate to
10 the school community model professional development methods
11 and programs that have demonstrated success in meeting
12 identified student needs. The Commissioner of Education shall
13 use data on student achievement to identify student needs. The
14 methods of dissemination must include a statewide performance
15 support system, a database of exemplary professional
16 development activities, a listing of available professional
17 development resources, training programs, and technical
18 assistance.
19 (b) Each district school board shall develop a
20 professional development system. The system must be developed
21 in consultation consult with teachers and representatives of
22 college and university faculty, community agencies, and other
23 interested citizen groups to establish policy and procedures
24 to guide the operation of the district professional
25 development program. The professional development system
26 must:
27 1. Be approved by the Department of Education. All
28 substantial revisions to the system must be submitted to the
29 department for review for continued approval;
30 2.1. Require that principals and schools use student
31 achievement data, school discipline data, school environment
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1 surveys, assessments of parental satisfaction, performance
2 appraisal data of teachers and school administrators, and
3 other performance indicators to identify school and student
4 needs that can be met by improved professional performance,
5 and assist principals and schools in making these
6 identifications;
7 3.2. Provide inservice training activities and coupled
8 with followup support that are is appropriate to accomplish
9 district-level and school-level improvement goals and
10 standards. The inservice activities for instructional
11 personnel must primarily focus on subject content and teaching
12 methods, including technology, as related to the Sunshine
13 State Standards; assessment and data analysis; classroom
14 management; and school safety;
15 4. Include a master plan for inservice activities,
16 under rules of the State Board of Education, for all district
17 employees from all fund sources. The master plan must be
18 updated annually by September 1 using criteria for continued
19 approval as specified by rules of the State Board of
20 Education. Written verification that the inservice plan meets
21 all requirements of this section must be submitted annually to
22 the commissioner by October 1;
23 5. Require each school principal to establish and
24 maintain an individual professional development plan for each
25 instructional employee assigned to the school. The individual
26 professional development plan must:
27 a. Be related to specific performance data for the
28 students to whom the teacher is assigned;
29 b. Define the inservice objectives and specific
30 measurable improvements expected in student performance as a
31 result of the inservice activity; and
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1 c. Include an evaluation component that determines the
2 effectiveness of the professional development plan;
3 6. Include inservice activities for school
4 administrators that address updated skills necessary for
5 effective school management and instructional leadership;
6 7.3. Provide for systematic consultation with regional
7 and state personnel designated to provide technical assistance
8 and evaluation of local professional development programs;
9 8.4. Provide for delivery of professional development
10 by distance learning and other technology-based delivery
11 systems to reach more educators at lower costs; and
12 9.5. Provide for the continuous evaluation of
13 Continuously evaluate the quality and effectiveness of
14 professional development programs in order to eliminate
15 ineffective programs and strategies and to expand effective
16 ones. Evaluations must consider the impact of such activities
17 on the performance of participating educators and their
18 students' achievement and behavior.
19 (c) Each public community college and university shall
20 assist the department, school districts, and schools in the
21 design, delivery, and evaluation of professional development
22 activities. This assistance must include active participation
23 in state and local activities required by the professional
24 development system.
25 (5)(a) The Department of Education shall provide a
26 system for recruitment, preparation, and professional
27 development of school administrators. This system must:
28 1. Identify the knowledge, competencies, and skills
29 necessary for effective school management and instructional
30 leadership which align with student performance standards and
31 accountability measures;
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1 2. Include performance evaluation methods;
2 3. Provide for alternative means for preparation of
3 school administrators, which may include programs designed by
4 school districts and institutions of higher education under
5 guidelines developed by the commissioner. The administrator
6 preparation programs must be approved by the Department of
7 Education;
8 4. Provide for the hiring of qualified out-of-state
9 school administrators; and
10 5. Provide advanced educational opportunities for
11 school-based instructional leaders.
12 (b) The Commissioner of Education shall appoint a task
13 force that includes a school district superintendent, a school
14 board member, a principal, an assistant principal, a teacher,
15 a dean of a college of education, and parents. The task force
16 shall convene periodically to provide recommendations to the
17 Department of Education in the areas of recruitment,
18 preparation, professional development, and evaluation of
19 school administrators.
20 (6)(5) Each district school board shall provide
21 funding for the professional development system as required by
22 s. 236.081 and the annual General Appropriations Act, and
23 shall direct expenditures from other funding sources to
24 strengthen the system and make it uniform and coherent. A
25 school district may coordinate its professional development
26 program with that of another district, with an educational
27 consortium, or with a college or university, especially in
28 preparing and educating personnel.
29 (7)(6) The Department of Education shall design
30 methods by which the state and district school boards may
31 evaluate and improve the professional development system. The
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1 evaluation must include an annual assessment of data that
2 indicate progress or lack of progress of all students. If the
3 review of data indicates an achievement level that is unusual,
4 the department may investigate the causes of the success or
5 lack of success, may provide technical assistance, and may
6 require the school district to employ a different approach to
7 professional development. The department shall report
8 annually to the State Board of Education and the Legislature
9 any school district that, in the determination of the
10 department, has failed to provide an adequate professional
11 development system. This report must include the results of
12 the department's investigation and of any intervention
13 provided.
14 (8)(7) The State Board of Education may adopt rules to
15 administer this section.
16 (9)(8) This section does not limit or discourage a
17 district school board from contracting with independent
18 entities for professional development services and inservice
19 education if the school board believes that, through such a
20 contract, a better product can be acquired or its goals for
21 education improvement can be better met.
22 (10)(9) For teachers and administrators who have been
23 evaluated as less than satisfactory, a school board may
24 require participation in specific professional development
25 programs as part of the improvement prescription.
26 Section 12. Subsection (3) of section 231.625, Florida
27 Statutes, is amended to read:
28 231.625 Teacher recruitment and retention.--
29 (3) The Department of Education Office of Teacher
30 Recruitment and Retention Services, in cooperation with
31 district personnel offices, shall sponsor a job fair in a
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1 central part of the state to match in-state educators and
2 out-of-state educators with teaching opportunities in this
3 state.
4 Section 13. Paragraph (g) of subsection (2) and
5 paragraph (a) of subsection (4) of section 231.6255, Florida
6 Statutes, are amended to read:
7 231.6255 Christa McAuliffe Ambassador for Education
8 Program.--
9 (2) There is established the Christa McAuliffe
10 Ambassador for Education Program to provide salary, travel,
11 and other related expenses annually for an outstanding Florida
12 teacher to promote the positive aspects of teaching as a
13 career. The goals of the program are to:
14 (g) Work with and represent the Department of
15 Education Office of Teacher Recruitment and Retention
16 Services, as needed.
17 (4)(a) The Department of Education and the Office of
18 Teacher Recruitment and Retention Services shall administer
19 the program.
20 Section 14. Subsection (3) of section 236.081, Florida
21 Statutes, is amended to read:
22 236.081 Funds for operation of schools.--If the annual
23 allocation from the Florida Education Finance Program to each
24 district for operation of schools is not determined in the
25 annual appropriations act or the substantive bill implementing
26 the annual appropriations act, it shall be determined as
27 follows:
28 (3) INSERVICE EDUCATIONAL PERSONNEL TRAINING
29 EXPENDITURE.--Of the amount computed in subsections (1) and
30 (2), a percentage of the base student allocation per full-time
31 equivalent student shall be expended for educational training
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1 programs as determined by the district school board as
2 provided in s. 231.600 s. 236.0811. This percentage shall
3 remain constant and shall be calculated by dividing $6 by the
4 1990-1991 base student allocation. At least two-thirds of the
5 funds so determined shall be expended as provided in s.
6 231.600, and such funds may be used for implementation of the
7 demonstration of professional education competence program as
8 provided in s. 231.17. Funds as provided herein may be
9 expended only for the direct support of inservice training
10 activities as prescribed below:
11 (a) Salaries and benefits of:
12 1. Personnel directly administering the approved
13 inservice training program.
14 2. School board employees while such personnel are
15 conducting an approved inservice training program.
16 3. Substitutes for personnel released to participate
17 in an approved inservice training program or an inservice
18 council activity.
19 (b) Other direct operating expenses, excluding capital
20 outlay, required for administering the approved inservice
21 training program, including, but not limited to, the
22 following:
23 1. Inservice training materials for approved inservice
24 training activities.
25 2. Data processing for approved inservice training
26 activities.
27 3. Telephone for the approved inservice training
28 program.
29 4. Office supplies for the personnel administering the
30 approved inservice training program.
31
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1 5. Duplicating and printing for approved inservice
2 training activities.
3 6. Fees and travel and per diem expenses for
4 consultants used in conducting approved inservice training
5 activities.
6 7. Travel and per diem expenses for school district
7 personnel attending approved inservice conferences, workshops,
8 or visitations to schools.
9 8. Rental of facilities not owned by the school board
10 for use in conducting an approved inservice training program.
11 (c) Compensation may be awarded under this subsection
12 to employees engaged in inservice training activities which
13 are outside of, or in addition to, regular hours of duty
14 assignments or a regular day of a contract period for which
15 regular compensation is provided. No moneys shall be
16 authorized under this subsection for additional salaries and
17 benefits constituting dual compensation to employees
18 participating in inservice activities if such activities are
19 within regular hours of duty assignments or within a regular
20 day of a contract period for which regular compensation is
21 provided.
22 (d) Funds may be expended to pay tuition or
23 registration fees for college courses provided the course is
24 identified in the district's approved master plan and the
25 employee does not receive college credit. However, an employee
26 may be awarded college credit for successful participation in
27 exempted inservice programs that are identified by the
28 Department of Education in State Board of Education rule and
29 for which the employee shall pay the regular tuition and
30 registration fees assessed by the credit-granting institution.
31 Courses for these exempted programs shall be arranged and
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1 conducted in compliance with procedures that are developed
2 cooperatively by the Department of Education and the Board of
3 Regents and are also included in State Board of Education
4 rule. Provision for payment of tuition and registration fees
5 for such credit-earning courses shall be contained in State
6 Board of Education rule.
7 Section 15. Paragraphs (a) and (d) of subsection (2)
8 of section 236.08106, Florida Statutes, are amended to read:
9 236.08106 Excellent Teaching Program.--
10 (2) The Excellent Teaching Program is created to
11 provide categorical funding for monetary incentives and
12 bonuses for teaching excellence. The Department of Education
13 shall distribute to each school district or to the NBPTS an
14 amount as prescribed annually by the Legislature for the
15 Excellent Teaching Program. Unless otherwise provided in the
16 General Appropriations Act, each distribution shall be the sum
17 of the amounts earned for the following incentives and
18 bonuses:
19 (a) A fee subsidy to be paid by the Department of
20 Education to the NBPTS on behalf of each individual who is an
21 employee of a district school board or a public school within
22 the school district, who is certified by the district to have
23 demonstrated satisfactory teaching performance pursuant to s.
24 231.29 and who satisfies the prerequisites for participating
25 in the NBPTS certification program, and who agrees, in
26 writing, to pay 10 percent of the NBPTS participation fee and
27 to participate in the NBPTS certification program during the
28 school year for which the fee subsidy is provided. The fee
29 subsidy for each eligible participant shall be an amount equal
30 to 90 percent of the fee charged for participating in the
31 NBPTS certification program, but not more than $2,070 $1,800
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1 per eligible participant. The fee subsidy is a one-time award
2 and may not be duplicated for any individual.
3 (d) An annual bonus equal to 10 percent of the prior
4 fiscal year's statewide average salary for classroom teachers
5 to be distributed to the school district to be paid to each
6 individual who meets the requirements of paragraph (c) and
7 agrees, in writing, to provide the equivalent of 12 workdays
8 of mentoring and related services to public school teachers
9 within the state district who do not hold NBPTS certification.
10 The district school board shall distribute the annual bonus in
11 a single payment following the completion of all required
12 mentoring and related services for the year. It is not the
13 intent of the Legislature to remove excellent teachers from
14 their assigned classrooms; therefore, credit may not be
15 granted by a school district or public school for mentoring or
16 related services provided during the regular school day or
17 during the 196 days of required service for the school year.
18
19 A teacher for whom the state pays the certification fee and
20 who does not complete the certification program or does not
21 teach in a public school of this state for a least 1 year
22 after completing the certification program must repay the
23 amount of the certification fee to the state. However, a
24 teacher who completes the certification program but fails to
25 be awarded NBPTS certification is not required to repay the
26 amount of the certification fee if the teacher meets the
27 1-year teaching requirement. Repayment is not required of a
28 teacher who does not complete the certification program or
29 fails to fulfill the teaching requirement because of the
30 teacher's death or disability or because of other extenuating
31 circumstances as determined by the State Board of Education.
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1 Section 16. Florida Mentor Teacher School Pilot
2 Program.--
3 (1) The Legislature recognizes that high-quality
4 teachers are essential to assuring excellence and increasing
5 the achievement levels of all students. The purpose of this
6 section is to provide a model to reform and improve the
7 current structure of the teaching profession. There is created
8 a Florida Mentor Teacher School Pilot Program that will help
9 to attract, retain, and motivate high-quality teachers. The
10 program shall be implemented in up to 400 pilot schools by the
11 2001-2002 school year. These pilot schools shall be selected
12 by the Commissioner of Education, representing small, medium,
13 and large districts. Each approved school shall be awarded a
14 $50,000 grant. Each mentor teacher school program must be
15 approved by the Commissioner of Education based on criteria
16 specified by the Commissioner of Education.
17 (2) The essential elements of the Florida Mentor
18 Teacher School Pilot Program are to:
19 (a) Provide teachers with multiple career paths,
20 beginning as education paraprofessionals and rising to
21 associate teachers, teachers, lead teachers, and mentor
22 teachers. There must be highly differentiated duties among the
23 five levels. The mentor teacher must have a reduced teaching
24 schedule and a 12-month contract to permit weekly instruction
25 to all the students under the mentor teacher's supervision.
26 The remaining time must be spent in giving demonstration
27 lessons, coaching, facilitating curriculum development, and
28 providing staff development for other teachers at the school.
29 (b) Establish broad salary ranges to provide
30 flexibility to reward performance and to negotiate salaries to
31 attract teachers to hard-to-staff schools and subjects.
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1 Advancement must be determined by academic achievement,
2 examination, demonstration, and student progress data. Each
3 mentor teacher is eligible for a total annual salary incentive
4 bringing his or her salary to twice the average district
5 classroom teacher's salary. Fifty percent of the mentor
6 teacher salary incentive must be based on the increased
7 achievement of students assigned under the supervision of the
8 mentor teacher.
9 (c) Provide ongoing professional development for
10 teachers to learn and grow professionally, which includes a
11 daily block of time for associate teachers, teachers, and lead
12 teachers to reflect and plan and to interact with the mentor
13 teacher.
14 (d) Provide all eligible teachers with the opportunity
15 for national certification.
16 (e) Provide for a specified organizational pattern
17 such as clusters or teams of teachers for grade levels or
18 subject areas consisting of associate teachers, teachers, and
19 lead teachers who are supported by education paraprofessional
20 learning guides and directed by a mentor teacher.
21 (3) The five teaching career development positions and
22 minimum requirements are:
23 (a) An education paraprofessional learning guide must
24 have earned at least an associate's degree from an accredited
25 college and demonstrate appropriate writing, speaking, and
26 computation skills.
27 (b) An associate teacher must hold at least a
28 bachelor's degree from an accredited institution and a valid
29 Florida educator's certificate.
30 (c) A teacher must hold at least a bachelor's degree
31 from an accredited institution, have a valid Florida
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1 educator's certificate, have a minimum of 3 years' full-time
2 teaching experience, document satisfactory teaching
3 performance, and document evidence of increased student
4 performance for the students taught.
5 (d) A lead teacher must have at least a bachelor's
6 degree from an accredited institution, have a valid Florida
7 educator's professional certificate, have a minimum of 3
8 years' full-time teaching experience, document exemplary
9 teaching performance, and document evidence of significant
10 increased student performance for the students taught. A lead
11 teacher may serve as a cluster or team leader who provides
12 intensive support for associate teachers and teachers.
13 (e) A mentor teacher must:
14 1. Have at least a bachelor's degree from an
15 accredited institution, have a valid Florida educator's
16 professional certificate, have at least 5 years' full-time
17 teaching experience, and hold a valid National Board for
18 Professional Teaching Standards certificate or have been
19 selected as a district, regional, or state teacher of the year
20 and have demonstrated expertise as a staff developer, or
21 2. Have completed a Professional Teaching Fellowship
22 program consisting of a Teaching Fellowship, pursuant to
23 Senate Bill 748, 2000 Regular Session, or similar legislation.
24 (4) The Commissioner of Education may adopt rules
25 necessary for the administration of this section and approval
26 of the mentor teacher school program.
27 (5) This section is to be implemented to the extent
28 funded by the General Appropriation Act.
29 Section 17. Sections 231.0861, 231.087, 231.173, and
30 236.0811, Florida Statutes, are repealed.
31 Section 18. This act shall take effect July 1, 2000.
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1 *****************************************
2 SENATE SUMMARY
3 Amends, repeals, and creates various sections of the
education statutes dealing with certification,
4 discipline, funding, and professional development of
teachers, administrators, and other school system
5 personnel.
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