House Bill 0063c2

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    Florida House of Representatives - 2000      CS/CS/HBs 63 & 77
                                       and 891, 995, 2009 and 2135
        By the Committees on Education/K-12, Education Innovation
    and Representatives Lynn, R. Diaz de la Portilla, Byrd,
    Farkas, Putnam, Roberts, Melvin, Harrington, Wise, Sembler,
    Fasano, Feeney, Goodlette, Arnall, Bense, Kilmer, Murman,
    (Additional Sponsors on Last Printed Page)


  1                      A bill to be entitled

  2         An act relating to teacher quality; providing a

  3         short title; amending s. 20.15, F.S.; renaming

  4         the Division of Human Resource Development

  5         within the Department of Education as the

  6         Division of Professional Educators; amending s.

  7         230.23, F.S., relating to powers and duties of

  8         the school board; clarifying procedures for

  9         filling positions within the district;

10         requiring a district school board to consider

11         certain prior professional experience when

12         determining the salaries of instructional

13         personnel; revising the date by which the

14         salary schedule adopted by the district school

15         board must include performance-based pay;

16         clarifying requirements for performance-based

17         pay policies; requiring each school district

18         with a school designated as performance grade

19         category "F" to permit transfer of teachers

20         with certain qualifications and providing

21         supplements for those teachers; requiring the

22         Commissioner of Education to adopt rules to

23         define "teaching mastery"; correcting an

24         obsolete cross reference; conforming

25         terminology; amending s. 230.303, F.S.;

26         replacing references to the Florida Council on

27         Educational Management with the Department of

28         Education; amending s. 230.33, F.S., relating

29         to duties and responsibilities of

30         superintendents of schools; requiring that

31         nominations of persons to fill instructional

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  1         positions within the district be based on

  2         recommendations received from principals of the

  3         respective schools; conforming terminology;

  4         amending s. 231.001, F.S., relating to school

  5         district personnel policies; revising language;

  6         amending s. 231.002, F.S.; revising legislative

  7         findings regarding the qualities of effective

  8         educators; amending s. 231.02, F.S.; revising

  9         language; conforming terminology; amending s.

10         231.045, F.S., relating to periodic criminal

11         history record checks; revising language;

12         amending s. 231.085, F.S., relating to duties

13         of principals; assigning responsibility for

14         making recommendations to the superintendent of

15         schools regarding the employment of

16         instructional personnel; requiring principals

17         to assist teachers with the diagnostic use of

18         certain student assessment data; conforming

19         terminology; repealing s. 231.0861, F.S.,

20         relating to the selection of principals and

21         assistant principals; repealing s. 231.087,

22         F.S., relating to the Management Training Act,

23         the Florida Council on Educational Management,

24         the Florida Academy for School Leaders, and the

25         Center for Interdisciplinary Advanced Graduate

26         Study; amending s. 231.09, F.S., relating to

27         duties of instructional personnel; conforming

28         terminology; revising language; amending s.

29         231.095, F.S.; clarifying provisions relating

30         to assignment of teachers out-of-field;

31         providing alternative means for an assignment

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  1         to be considered in-field; amending s. 231.096,

  2         F.S., relating to teachers teaching

  3         out-of-field; conforming terminology; revising

  4         language; amending s. 231.141, F.S., relating

  5         to education paraprofessionals; conforming

  6         terminology; revising language; amending s.

  7         231.143, F.S., relating to education

  8         paraprofessional career development; deleting

  9         legislative findings and intent; conforming

10         terminology; amending s. 231.15, F.S., relating

11         to positions for which certificates are

12         required; deleting requirements for rules

13         adopted by the State Board of Education

14         relating to teacher certification; conforming

15         terminology; revising requirements for

16         exemption of retired military from certain

17         requirements for teacher certification;

18         amending s. 231.17, F.S., relating to teacher

19         certification requirements; providing for

20         application; establishing eligibility criteria;

21         providing requirements for mastery of general

22         knowledge; providing requirements for mastery

23         of subject area knowledge; providing

24         requirements for mastery of professional

25         preparation and education competence; providing

26         types and terms of certification; establishing

27         a professional preparation and education

28         competency program; providing requirements for

29         examinations; providing requirements for the

30         certification of noncitizens; providing for the

31         denial of a certificate; authorizing the

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  1         adoption of rules; specifying that persons who

  2         apply for certification are to be governed by

  3         the law and rules in effect at the time of

  4         application; requiring the department to keep

  5         certain records for persons to whom a

  6         certificate is issued; specifying the authority

  7         of the commissioner to make certain decisions

  8         relating to certification; requiring the

  9         department to conduct a study; amending s.

10         231.1715, F.S., relating to confidentiality of

11         examinations; deleting an obsolete cross

12         reference; amending s. 231.1725, F.S.;

13         including career specialists in provisions

14         relating to the employment of substitute

15         teachers, teachers of adult education,

16         nondegreed teachers of career education, and

17         students performing clinical field experience;

18         conforming terminology; repealing s. 231.173,

19         F.S., relating to successful experienced

20         out-of-state teachers and administrators;

21         amending s. 231.24, F.S., relating to the

22         process for the renewal of professional

23         certificates; authorizing the State Board of

24         Education to establish the amount of the fee

25         for renewal of a certificate; clarifying

26         provisions relating to extending the validity

27         period of a professional certificate based on

28         national certification; conforming terminology;

29         revising a cross reference; deleting provisions

30         relating to renewal of a specialization area

31         based on completion of a department-approved

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  1         summer work program; amending s. 231.261, F.S.,

  2         relating to the Education Practices Commission;

  3         revising language; revising the membership of

  4         the commission; revising the composition of

  5         panels appointed to review and issue final

  6         orders on cases before the commission; deleting

  7         a limitation on the number of such panels;

  8         specifying that a majority of a quorum of a

  9         panel has final authority in certain cases;

10         conforming terminology; amending s. 231.262,

11         F.S., relating to complaints against teachers;

12         revising language; correcting a cross

13         reference; amending s. 231.263, F.S., relating

14         to the recovery network program for educators;

15         revising language; providing requirements for

16         the participation of certain persons;

17         renumbering and amending s. 231.28, F.S.,

18         relating to the Education Practices Commission;

19         revising language; conforming terminology;

20         requiring the revocation of an individual's

21         certificate for a minimum of 1 year under

22         certain circumstances; amending s. 231.29,

23         F.S., relating to instructional personnel

24         assessment procedures; conforming terminology;

25         correcting a cross reference; amending s.

26         231.2905, F.S., relating to the Florida School

27         Recognition Program; clarifying provisions

28         relating to financial awards; amending s.

29         231.30, F.S., relating to certification fees;

30         revising a fee limitation; requiring each

31         examination fee to sufficiently cover the

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  1         actual cost of developing and administering the

  2         examination; amending s. 231.3505, F.S.,

  3         relating to the employment of directors of

  4         career education; conforming terminology;

  5         revising language; amending s. 231.36, F.S.,

  6         relating to contracts with instructional staff,

  7         supervisors, and principals; conforming

  8         terminology; amending s. 231.3605, F.S.,

  9         relating to educational support employees;

10         conforming terminology; reenacting s. 231.361,

11         F.S., relating to the status of vocational

12         teachers; amending s. 231.39, F.S., relating to

13         provisions for leaves of absence; conforming

14         terminology; revising language; amending s.

15         231.40, F.S., relating to sick leave;

16         conforming terminology; revising language;

17         amending s. 231.41, F.S., relating to leave for

18         illness-in-line-of-duty; conforming

19         terminology; revising language; amending s.

20         231.424, F.S., relating to sabbatical leave;

21         conforming terminology; amending s. 231.434,

22         F.S., relating to annual leave; revising

23         language; amending s. 231.44, F.S., relating to

24         absence without leave; conforming terminology;

25         amending s. 231.45, F.S., relating to records

26         of absences; conforming terminology; amending

27         s. 231.47, F.S., relating to substitute

28         teachers; conforming terminology; amending s.

29         231.471, F.S., relating to part-time teachers;

30         revising language; conforming terminology;

31         amending s. 231.481, F.S., relating to terminal

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                                       and 891, 995, 2009 and 2135
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  1         pay for accrued vacation leave; conforming

  2         terminology; amending s. 231.495, F.S.,

  3         relating to retirement annuities; revising

  4         language; amending s. 231.545, F.S., relating

  5         to the Education Standards Commission; revising

  6         language; conforming terminology; amending s.

  7         231.546, F.S., relating to the Education

  8         Standards Commission; revising language;

  9         amending s. 231.600, F.S., relating to the

10         School Community Professional Development Act;

11         revising who is included in a school community

12         for purposes of the act; expanding activities

13         to include continuous support for all education

14         professionals; clarifying responsibilities of

15         the Department of Education, school districts,

16         schools, and public colleges and universities;

17         requiring revisions to district professional

18         development systems to be approved by the

19         department; providing additional performance

20         indicators for identification of school and

21         student needs; providing requirements for

22         inservice activities for instructional

23         personnel; requiring district professional

24         development systems to include a master plan

25         for inservice activities which must be updated

26         and submitted to the commissioner annually;

27         requiring each school's principal to establish

28         and maintain an individual professional

29         development plan for each instructional

30         employee; providing requirements for individual

31         professional development plans; requiring the

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                                       and 891, 995, 2009 and 2135
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  1         Department of Education to provide a system for

  2         the recruitment, preparation, and professional

  3         development of school administrative personnel;

  4         providing requirements for the system;

  5         requiring the Commissioner of Education to

  6         appoint a task force to provide certain

  7         recommendations; providing for membership of

  8         the task force; clarifying funding

  9         requirements; authorizing the provision of

10         inservice activities to certain instructional

11         personnel on a fee basis; authorizing the

12         development of professional development systems

13         by certain organizations of nonpublic schools;

14         providing for determination of best practices;

15         clarifying provisions relating to required

16         changes in profession development based on lack

17         of student progress; providing a cross

18         reference; revising language; conforming

19         terminology; amending s. 231.6135, F.S.,

20         relating to the statewide system of inservice

21         professional development; clarifying who will

22         be provided inservice training; conforming

23         terminology; providing gender neutral

24         terminology; repealing s. 231.614, F.S.,

25         relating to an inservice master plan for

26         vocational educators and a task force; amending

27         s. 231.62, F.S., relating to identification of

28         critical teacher shortage areas; providing a

29         cross reference; conforming terminology;

30         amending s. 231.621, F.S., relating to the

31         Critical Teacher Shortage Student Loan

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  1         Forgiveness Program; revising language;

  2         providing a cross reference; creating s.

  3         231.6215, F.S.; establishing a student

  4         fellowship program; providing standards and

  5         conditions for receipt and forgiveness of a

  6         loan; providing conditions for repayment of

  7         loans not eligible for loan forgiveness;

  8         authorizing conditions for deferment of

  9         repayment; providing for a revolving fund;

10         limiting implementation to the amount

11         specifically funded in the General

12         Appropriations Act; amending s. 231.625, F.S.,

13         relating to teacher recruitment and retention;

14         revising language; requiring the department to

15         provide information relating to certification

16         procedures; revising a reference to the Office

17         of Teacher Recruitment and Retention Services;

18         amending s. 231.6255, F.S., relating to the

19         Christa McAuliffe Ambassador for Education

20         Program; revising language; revising references

21         to the Office of Teacher Recruitment and

22         Retention Services; amending s. 231.63, F.S.,

23         relating to the Florida Educator Hall of Fame;

24         revising language; deleting obsolete language;

25         repealing s. 231.65, F.S., relating to the

26         Institute for Instructional Research and

27         Practice and Student Educational Evaluation and

28         Performance; amending s. 231.67, F.S., relating

29         to the Florida Teachers Lead Program Stipend;

30         providing for funding of the program;

31         specifying authorized uses of the funds;

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  1         establishing procedures for determining the

  2         amount of each stipend; exempting purchases

  3         made with stipend funds from state or local

  4         competitive bidding requirements; requiring

  5         funds to be disbursed directly to each teacher;

  6         requiring each teacher to sign a statement

  7         agreeing to certain terms; providing

  8         requirements for unused funds; defining

  9         "classroom teacher" for purposes of the

10         program; creating s. 231.700, F.S.; creating

11         the Florida Mentor Teacher School Pilot

12         Program; providing legislative findings and

13         intent; providing goals of the program;

14         establishing five teacher career development

15         positions and minimum requirements; authorizing

16         the adoption of rules; limiting implementation

17         to the extent funded by the General

18         Appropriations Act; amending s. 236.081, F.S.,

19         relating to funds for the operation of schools;

20         providing bonuses for teachers who provide

21         advanced placement instruction; correcting a

22         cross reference; amending s. 236.08106, F.S.,

23         relating to the Excellent Teaching Program;

24         providing that the Florida School for the Deaf

25         and the Blind shall be considered a school

26         district for the purposes of said section;

27         deleting a limitation on the amount of a fee

28         subsidy; requiring certain participants to

29         provide mentoring and related services to

30         teachers throughout the state; repealing s.

31         236.0811, F.S., relating to educational

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  1         training; amending s. 240.529, F.S., relating

  2         to public accountability and state approval for

  3         teacher preparation programs; deleting

  4         provisions relating to a teacher preparation

  5         program committee and a report; requiring

  6         education accountability concepts and standards

  7         emphasized by the departments and colleges of

  8         education to include the Sunshine State

  9         Standards; deleting an alternative to

10         department approval of a teacher preparation

11         program and deleting definitions, to conform;

12         providing requirements for continued program

13         approval based on measurements of employer

14         satisfaction; revising language; specifying

15         information to be provided to the state and the

16         general public regarding teacher preparation

17         programs; providing cross references; providing

18         an effective date.

19

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

21

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

23  may be cited as the "Educators Developing Unequaled Competence

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

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

26  20.15, Florida Statutes, is amended to read:

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

28  Department of Education.

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

30  Department of Education are established:

31

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  1         (e)  Division of Professional Educators Human Resource

  2  Development.

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

  4  and paragraph (c) of subsection (16) of section 230.23,

  5  Florida Statutes, are amended to read:

  6         230.23  Powers and duties of school board.--The school

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

  8  perform all duties listed below:

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

10  prescribe qualifications for those positions, and provide for

11  the appointment, compensation, promotion, suspension, and

12  dismissal of employees as follows, subject to the requirements

13  of chapter 231:

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

15  upon written recommendations submitted by the superintendent

16  of schools for positions to be filled and for minimum

17  qualifications for personnel for the various positions and act

18  upon written nominations of persons to fill such positions.

19  The superintendent of schools' recommendations for filling

20  institutional positions at the school level must be based on

21  nominations received from school principals of the respective

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

23  any employee nominated. If the third nomination by the

24  superintendent of schools for any position is rejected for

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

26  nomination for initial employment within a reasonable time as

27  prescribed by the district school board, or if the

28  superintendent of schools fails to submit a nomination for

29  reemployment within the time prescribed by law, the district

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

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

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

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

  3  cause of action by the nominated employee.

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

  5  schedule or salary schedules designed to furnish incentives

  6  for improvement in training and for continued efficient

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

  8  and fix and authorize the compensation of school employees on

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

10  salary schedule for instructional personnel, must base a

11  portion of each employee's compensation on performance

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

13  teaching experience of a person who has been designated state

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

15  must consider prior professional experience in the field of

16  education gained in positions in addition to district level

17  instructional and administrative positions. In developing the

18  salary schedule, the district school board shall seek input

19  from parents, teachers, and representatives of the business

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

21  implementation of an annual assessment of learning gains,

22  whichever occurs later, the salary schedule adopted by the

23  district school board budget must include a reserve to fully

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

25  percent of the salary of school administrators and

26  instructional personnel on annual performance measured under

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

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

29  salary schedule must allow school administrators and

30  instructional personnel employees who demonstrate outstanding

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

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  1  supplement in addition to of their individual, negotiated

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

  3  adopted in the salary schedule. The Commissioner of Education

  4  shall determine whether the district school board's adopted

  5  salary schedule complies with the requirement for

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

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

  8  shall withhold disbursements from the Educational Enhancement

  9  Trust Fund to the district until compliance is verified.

10         (16)  IMPLEMENT SCHOOL IMPROVEMENT AND

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

12  education accountability as provided by statute and State

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

14  education accountability shall be consistent with, and

15  implemented through, the district's continuing system of

16  planning and budgeting required by this section and ss.

17  229.555 and 237.041. This system of school improvement and

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

19  the following:

20         (c)  Assistance and intervention.--

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

22  assistance and intervention for each school in danger of not

23  meeting state standards or making adequate progress, as

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

25  toward meeting the goals and standards of its approved school

26  improvement plan.

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

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

29  failing and must be provided assistance and intervention.

30         3.  Each school district in which there is a school

31  designated as performance grade category "F" shall develop a

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  1  plan to encourage teachers with demonstrated mastery in

  2  improving student performance to remain at or transfer to that

  3  school. If a classroom teacher, as defined by s.

  4  228.041(9)(a), who meets the definition of teaching mastery

  5  developed according to the provisions of this paragraph,

  6  requests assignment to a school designated as performance

  7  grade category "F," the district school board and the

  8  principal shall make every practical effort to grant the

  9  request. Effective July 1, 2001, or beginning with the full

10  implementation of an annual assessment of learning gains,

11  whichever occurs later, a classroom teacher whose

12  effectiveness has been proven based upon positive learning

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

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

15  supplement of at least $1,000, as provided for annually in the

16  General Appropriations Act, each year he or she teaches at a

17  school designated as performance grade category "F." In the

18  absence of an FCAT assessment, measurement of learning gains

19  of students shall be as provided in s. 229.57(12). The

20  supplement received under this paragraph shall be in addition

21  to any supplement or bonus received as a result of other local

22  or state pay incentives based on performance. The Commissioner

23  of Education shall adopt rules to determine the measures that

24  define "teaching mastery" for purposes of this paragraph.

25         4.  District school boards are encouraged to prioritize

26  the expenditures of funds received from the supplemental

27  academic instruction categorical fund under s. 236.08104

28  specific appropriation 110A of the General Appropriations Act

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

30  schools that receive a performance grade category designation

31  of "D" or "F."

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

  2  Statutes, is amended to read:

  3         230.303  Superintendent of schools.--

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

  5  Educational Management shall provide a leadership development

  6  and performance compensation program for superintendents of

  7  schools, comparable to chief executive officer development

  8  programs for corporate executive officers, to include:

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

10  creative leadership models and theory, demonstration of

11  effective practice, simulation exercises and personal skills

12  practice, and assessment with feedback, taught in a

13  professional training setting under the direction of

14  experienced, successful trainers.

15         2.  A competency-acquisition phase consisting of

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

17  not less than 6 months following the successful completion of

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

19  competency-acquisition phase shall be supported by adequate

20  professional technical assistance provided by experienced

21  trainers approved by the department Florida Council on

22  Educational Management.  Competency acquisition shall be

23  demonstrated through assessment and feedback.

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

25  demonstrated successful performance, as determined by the

26  department Florida Council on Educational Management, a

27  superintendent of schools shall be issued a Chief Executive

28  Officer Leadership Development Certificate and shall be given

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

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

31  evaluation.

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

  2  eligibility to continue receiving the annual performance

  3  salary incentive is contingent upon his or her continued

  4  performance assessment and followup training prescribed by the

  5  department Florida Council on Educational Management.

  6         Section 5.  Section 230.33, Florida Statutes, is

  7  amended to read:

  8         230.33  Duties and responsibilities of superintendent

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

10  powers and perform all duties listed below and elsewhere in

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

12  counsel with the district school board. The superintendent of

13  schools shall perform all tasks necessary to make sound

14  recommendations, nominations, proposals, and reports required

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

16  such recommendations, nominations, proposals, and reports by

17  the superintendent of schools shall be either recorded in the

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

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

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

21  in this paragraph, the recommendations, nominations, and

22  proposals required of the superintendent of schools were not

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

24  such matters.

25         (1)  ASSIST IN ORGANIZATION OF DISTRICT SCHOOL

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

27  school board and transmit to the Department of Education,

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

29  proceedings of organization, including the schedule of regular

30  meetings, and the names and addresses of district school

31  officials.

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  1         (2)  REGULAR AND SPECIAL MEETINGS OF THE DISTRICT

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

  3  school board, call special meetings when emergencies arise,

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

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

  6  minutes of all official actions and proceedings of the

  7  district school board and keep such other records, including

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

  9  board, as may be necessary to provide complete information

10  regarding the district school system.

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

12  board as custodian of school property.

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

14  assembling of data and sponsor studies and surveys essential

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

16  district and prepare and recommend such a program to the

17  district school board as the basis for operating the district

18  school system.

19         (6)  ESTABLISHMENT, ORGANIZATION, AND OPERATION OF

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

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

22  services as are needed to provide adequate educational

23  opportunities for all children in the district.

24         (7)  PERSONNEL.--Be responsible, as required herein,

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

26  requirements of chapter 231, and in addition the

27  superintendent of schools shall have the following duties:

28         (a)  Positions, qualifications, and

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

30  and responsibilities which need to be performed and positions

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

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  1  adequate school program in the district; recommend minimum

  2  qualifications of personnel for these various positions; and

  3  nominate in writing persons to fill such positions. The

  4  nominations of persons to fill instructional positions at each

  5  of the district's schools must be based on recommendations

  6  received from principals of the respective schools.

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

  8  recommend to the district school board for adoption a salary

  9  schedule or salary schedules. The superintendent of schools

10  must recommend a salary schedule for instructional personnel

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

12  performance demonstrated under s. 231.29. In developing the

13  recommended salary schedule, the superintendent of schools

14  shall include input from parents, teachers, and

15  representatives of the business community.

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

17  district school board terms for contracting with employees and

18  prepare such contracts as are approved.

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

20  transfer and transfer any employee during any emergency and

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

22  regular meeting.

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

24  instructional staff and other school employees during

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

26  the next regular or special meeting of the district school

27  board and notify the district school board immediately of such

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

29  suspended member of the instructional staff of charges made

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

31  employees for dismissal under the terms prescribed herein.

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  1         (f)  Direct work of employees and supervise

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

  3  improvement, under regulations of the district school board,

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

  5  other employees of the district school system, and supervise

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

  7  supervision of instruction in the district, and take such

  8  steps as are necessary to bring about continuous improvement.

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

10  school board for the proper accounting for all children of

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

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

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

14  as prescribed in chapter 232. When the superintendent of

15  schools makes a recommendation for expulsion to the district

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

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

18  the recommendation, setting forth the charges against the

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

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

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

22  district school board action on a recommendation for the

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

24  schools may extend the suspension assigned by the principal

25  beyond 10 school days if such suspension period expires before

26  the next regular or special meeting of the district school

27  board.

28         (9)  COURSES OF STUDY AND OTHER INSTRUCTIONAL

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

30  distributing, accounting for, and caring for textbooks and

31

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  1  other instructional aids as will result in general improvement

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

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

  4  which students pupils should be transported to school or to

  5  school activities, determine the most effective arrangement of

  6  transportation routes to accommodate these students pupils;

  7  recommend such routing to the district school board; recommend

  8  plans and procedures for providing facilities for the

  9  economical and safe transportation of students pupils;

10  recommend such rules and regulations as may be necessary and

11  see that all rules and regulations relating to the

12  transportation of students pupils approved by the district

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

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

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

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

17  plant program, as prescribed in chapter 235.

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

19  school board to assure adequate educational facilities

20  throughout the district, in accordance with the financial

21  procedure authorized in chapters 236 and 237 and as prescribed

22  below:

23         (a)  Plan for operating all schools for minimum

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

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

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

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

28  Education and recommend plans for ensuring the operation of

29  all schools for the term authorized by the district school

30  board.

31

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

  2  to be submitted to the district school board for adoption

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

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

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

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

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

  8  amount of district school tax levy necessary to provide the

  9  district school funds needed for the maintenance of the public

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

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

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

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

14  ballot at each district millage election the school district

15  tax levies necessary to carry on the school program.

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

17  funds which should be transmitted to the district school board

18  for school purposes at various periods during the year and

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

20  promptly; report promptly to the district school board any

21  delinquencies or delays that occur in making available any

22  funds that should be made available for school purposes.

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

24  borrowing of money as prescribed by law.

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

26  kept accurate records of all financial transactions.

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

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

29  school board; certify these statements as correct; liquidate

30  board obligations in accordance with the official budget and

31  rules of the district school board; and prepare periodic

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

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

  3  of such periodic reports with the Department of Education.

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

  5  school employees who should be bonded in order to provide

  6  reasonable safeguards for all school funds or property.

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

  8  contractual services with industry, recommend to the district

  9  school board the desirable terms, conditions, and

10  specifications for contracts for supplies, materials, or

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

12  services are provided according to contract.

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

14  schools shall, after careful examination, recommend policies

15  to the district school board which will provide for the

16  investment or deposit of school funds not needed for immediate

17  expenditures which shall earn the maximum possible yield under

18  the circumstances on such investments or deposits. The

19  superintendent of schools shall cause to be invested at all

20  times all school moneys not immediately needed for

21  expenditures pursuant to the policies of the district school

22  board.

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

24  procedures to the district school board necessary to protect

25  the school system adequately against loss or damage to school

26  property or against loss resulting from any liability for

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

28  employees may be responsible under law.

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

30  for holding and supervising all school district millage

31  elections.

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

  2  consulting with the principals of the various schools,

  3  tentative annual budgets for the expenditure of district funds

  4  for the benefit of public school students pupils of the

  5  district.

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

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

  8  necessary papers for an election to determine whether the

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

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

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

12  derived therefrom.

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

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

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

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

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

18  are needed or required, as follows:

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

20  employees keep accurately all records and make promptly in

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

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

23  additional records and the making of such additional reports

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

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

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

27  reports are properly prepared.

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

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

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

31  commissioner to be made to the department and transmit

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

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

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

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

  5  be withheld until the report has been properly submitted.

  6  Unless otherwise provided by regulations of the state board,

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

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

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

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

11  superintendent of schools who knowingly signs and transmits to

12  any state official a false or incorrect report shall forfeit

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

14  that date.

15         (14)  COOPERATION WITH OTHER AGENCIES.--

16         (a)  Cooperation with governmental agencies in

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

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

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

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

21  relating to education and child welfare.

22         (b)  Cooperation with other local administrators to

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

24  district administrator of the Department of Children and

25  Family Services and with administrators of other local public

26  and private agencies to achieve the first state education

27  goal, readiness to start school.

28         (c)  Identifying and reporting names of migratory

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

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

31  child in the school district who qualifies according to the

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

  2  and for reporting such other information as may be prescribed

  3  by the department.

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

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

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

  7  report to the district school board any violation that the

  8  superintendent of schools does not succeed in having

  9  corrected.

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

11  with the district school board in every manner practicable to

12  the end that the district school system may continuously be

13  improved.

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

15  observe the management and instruction; give suggestions for

16  improvement; and advise with supervisors, principals,

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

18  promoting interest in education and improving the school

19  conditions of the district.

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

21  and conduct institutes and conferences with employees of the

22  district school board, school patrons, and other interested

23  citizens; organize and direct study and extension courses for

24  employees, advising them as to their professional studies;

25  assist patrons and people generally in acquiring knowledge of

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

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

28  such conferences for superintendents of schools as may be

29  called or scheduled by the Department of Education and avail

30  himself or herself of means of professional and general

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

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

  2  writing to the Department of Education the revoking of any

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

  4  reason for the superintendent of schools' superintendents'

  5  recommendation.

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

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

  8  successor upon retiring from office a complete inventory of

  9  school equipment and other property, together with all

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

11  supervising instruction and in administering the district

12  school system.

13         (22)  RECOMMEND PROCEDURES FOR INFORMING GENERAL

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

15  whereby the general public can be adequately informed of the

16  educational programs, needs, and objectives of public

17  education within the district.

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

19  procedures for implementing and maintaining a system of school

20  improvement and education accountability as provided by

21  statute and State Board of Education rule.

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

23  other duties as are assigned to the superintendent of schools

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

25         Section 6.  Section 231.001, Florida Statutes, is

26  amended to read:

27         231.001  School district personnel policies.--Except as

28  otherwise provided by law or the State Constitution, district

29  school boards may are authorized to prescribe rules governing

30  personnel matters, including the assignment of duties and

31  responsibilities for all district employees.

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  1         Section 7.  Section 231.002, Florida Statutes, is

  2  amended to read:

  3         231.002  Teacher quality; legislative findings and

  4  purpose.--

  5         (1)  The Legislature intends to implement a

  6  comprehensive approach to increase students' academic

  7  achievement and improve teaching quality. The Legislature

  8  recognizes that professional educators shape the future of

  9  this state and the nation by developing the knowledge and

10  skills of our future workforce and laying the foundation for

11  good citizenship and full participation in community and civic

12  life. The Legislature also recognizes its critical role in

13  meeting the state's educational goals and preparing all

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

15  State Standards.

16         (2)  The Legislature further finds that effective

17  educators are able to do the following:

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

19  style, using appropriate grammar and sentence structure, and

20  demonstrate a command of standard English, enunciation,

21  clarity of oral directions, and pace and precision in

22  speaking.

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

24  other written material.

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

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

27  reading and computational process and apply appropriate

28  measures to improve students' reading and computational

29  performance.

30

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

  2  and intellectual development in students, including

  3  exceptional students in the regular classroom.

  4         (f)  Recognize and demonstrate awareness of the

  5  educational needs of students who have limited proficiency in

  6  English and employ appropriate teaching strategies.

  7         (g)  Use and integrate appropriate technology in

  8  teaching and learning processes and in managing, evaluating,

  9  and improving instruction.

10         (h)  Use assessment and other diagnostic strategies to

11  assist the continuous development and acquisition of knowledge

12  and understanding of the learner.

13         (i)  Use teaching and learning strategies that include

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

15  background.

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

17  collaborative relationship with students' families to increase

18  student achievement.

19         (k)  Recognize signs of tendency toward violence and

20  severe emotional distress in students and apply techniques of

21  crisis intervention.

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

23  students and know how to appropriately work with such students

24  and seek assistance designed to prevent future abuse.

25         (m)  Recognize the physical and behavioral indicators

26  of child abuse and neglect and know rights and

27  responsibilities regarding reporting.

28         (n)  Demonstrate the ability to maintain a positive

29  environment in the classroom while achieving order and

30  discipline.

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  1         (o)  Demonstrate the ability to grade student

  2  performance effectively.

  3         (p)  Demonstrate knowledge and understanding of the

  4  value of, and strategies for, promoting parental involvement

  5  in education.

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

  7  certifying professional educators, establish a statewide

  8  system for inservice professional development, increase

  9  accountability for postsecondary programs that prepare future

10  educators, and increase accountability for administrators who

11  evaluate teacher performance. To further this initiative, the

12  Department of Education must review the provisions of this

13  chapter and related administrative rules governing the

14  certification of individuals who must hold state certification

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

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

17  certification process more efficient and responsive to the

18  needs of district school systems and educators, to maintain

19  rigorous standards for initial and continuing certification,

20  and to provide more alternative certification options for

21  individuals who have specific subject area expertise but have

22  not completed a standard teacher preparation program. The

23  department must evaluate the rigor of the assessment

24  instruments and passing scores required for certification and

25  should consider components of more rigorous and efficient

26  certification systems in other states. The department may

27  request assistance from the Education Standards Commission. By

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

29  recommendations for revision of statutes and administrative

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

31  Representatives, and the State Board of Education.

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

  2  231.02, Florida Statutes, is amended to read:

  3         231.02  Qualifications of personnel.--

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

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

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

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

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

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

10  of Children and Family Services, except when employed pursuant

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

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

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

14  valid Florida certificate or license to serve in an

15  instructional capacity.

16         (2)(a)  Instructional and noninstructional personnel

17  who are hired to fill positions requiring direct contact with

18  students in any district school system or laboratory school

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

20  taken by an authorized law enforcement officer or an employee

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

22  These fingerprints shall be submitted to the Department of Law

23  Enforcement for state processing and to the Federal Bureau of

24  Investigation for federal processing. The Such new employees

25  shall be on probationary status pending fingerprint processing

26  and determination of compliance with standards of good moral

27  character.  Employees found through fingerprint processing to

28  have been convicted of a crime involving moral turpitude shall

29  not be employed in any position requiring direct contact with

30  students.  Probationary employees terminated because of their

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

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

  2  district school board or the employee.

  3         Section 9.  Section 231.045, Florida Statutes, is

  4  amended to read:

  5         231.045  Periodic criminal history record checks.--In

  6  cooperation with the Florida Department of Law Enforcement,

  7  the department may shall have the authority to periodically

  8  perform a criminal history record check on individuals who

  9  hold a certificate pursuant to s. 231.17.

10         Section 10.  Section 231.085, Florida Statutes, is

11  amended to read:

12         231.085  Duties of principals.--

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

14  written contract, public school principals who shall supervise

15  the operation and management of the schools and property as

16  the district school board determines necessary.

17         (2)  The principal is responsible for recommending to

18  the superintendent of schools the employment of instructional

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

20  is assigned.

21         (3)  Each principal is responsible for the performance

22  of all personnel employed by the district school board and

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

24  principal shall faithfully and effectively apply the personnel

25  assessment system approved by the district school board

26  pursuant to s. 231.29.

27         (4)  Each principal shall assist the teachers within

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

29  student learning gains pursuant to s. 229.57, for

30  self-evaluation.

31

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

  2  assigned by the superintendent of schools, pursuant to the

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

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

  5  responsibility, instructional leadership in implementing the

  6  Sunshine State Standards and the overall educational program

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

  8  of personnel recommendations to the superintendent of schools,

  9  administrative responsibility for records and reports,

10  administration of corporal punishment, and student suspension.

11         (6)  Each principal shall provide leadership in the

12  development or revision and implementation of a school

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

14         (7)  Each principal must make the necessary provisions

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

16  must provide the necessary training opportunities for staff to

17  accurately report attendance, FTE program participation,

18  student performance, teacher appraisal, and school safety and

19  discipline data.

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

21  shall be ineligible for any portion of the performance pay

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

23         Section 11.  Section 231.0861, Florida Statutes, is

24  repealed.

25         Section 12.  Section 231.087, Florida Statutes, is

26  repealed.

27         Section 13.  Section 231.09, Florida Statutes, is

28  amended to read:

29         231.09  Duties of instructional personnel.--

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

31  work diligently and faithfully to help students meet or exceed

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  1  annual learning goals, to meet state and local achievement

  2  requirements, and to master the skills required to graduate

  3  from high school prepared for postsecondary education and

  4  work. This duty applies to instructional personnel whether

  5  they teach or function in a support role.

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

  7  schools shall perform duties prescribed by rules of the

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

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

10  students master challenging standards and meet all state and

11  local requirements for achievement; teaching efficiently and

12  faithfully, using prescribed materials and methods, including

13  technology-based instruction; recordkeeping; and fulfilling

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

15  by the district school board.

16         Section 14.  Section 231.095, Florida Statutes, is

17  amended to read:

18         231.095  Teachers assigned teaching duties outside

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

20  system is assigned teaching duties in a class dealing with

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

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

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

24  has demonstrated sufficient subject area expertise, the

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

26  notified in writing of such assignment.

27         Section 15.  Section 231.096, Florida Statutes, is

28  amended to read:

29         231.096  Teacher teaching out-of-field;

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

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

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  1  and priority consideration in professional development

  2  activities shall be given to teachers who are teaching

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

  4  such teachers participate in a certification or staff

  5  development program designed to provide ensure that the

  6  teacher with has the competencies required for the assigned

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

  8  of administrative personnel and other instructional personnel

  9  to provide ensure that students with receive high-quality

10  instructional services.

11         Section 16.  Section 231.141, Florida Statutes, is

12  amended to read:

13         231.141  Education paraprofessionals.--A district

14  school board may appoint education paraprofessionals to assist

15  members of the instructional staff in carrying out their

16  duties and responsibilities. An education paraprofessional

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

18  education paraprofessional, while rendering services under the

19  supervision of a certified certificated teacher, shall be

20  accorded the same protection of laws as that accorded the

21  certified teacher. Paid education paraprofessionals employed

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

23  rights as those accorded noninstructional employees of the

24  district school board.

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

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

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

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

29  amended to read:

30         231.143  Education paraprofessional career

31  development.--

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  1         (2)(3)  A district education paraprofessional career

  2  development program must include voluntary participation by

  3  paraprofessionals in five career development levels.  The

  4  district school board shall adopt a procedure for verifying

  5  the competency levels of all persons who participate in the

  6  career development program and a procedure to determine the

  7  outcomes and results of the program and impact on student

  8  performance.

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

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

11  amended to read:

12         231.15  Positions for which certificates required.--

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

14  services, designate the certification subject areas, establish

15  competencies, including the use of technology to enhance

16  student learning, and certification requirements for all

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

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

19  shall be issued by the Department of Education to applicants

20  who meet the standards prescribed by such rules for their

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

22  professional certificate to add an area of certification

23  without completing the associated course requirements if the

24  certificateholder attains a passing score on an examination of

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

26  evidence of at least 2 years of satisfactory performance

27  evaluations that considered the performance of students taught

28  by the certificateholder. The rules must allow individuals who

29  have specific subject area expertise, but who have not

30  completed a standard teacher preparation program, to

31  participate in a state-approved alternative certification

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  1  program for a professional certificate. As appropriate, this

  2  program must provide for demonstration competencies in lieu of

  3  completion of a specific number of college course credit hours

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

  5  human development and learning, classroom management,

  6  planning, technology, diversity, teacher responsibility, code

  7  of ethics, and continuous professional improvement. The State

  8  Board of Education shall consult with the State Board of

  9  Independent Colleges and Universities, the State Board of

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

11  State Board of Community Colleges before adopting any changes

12  to training requirements relating to entry into the

13  profession. This consultation must allow the educational board

14  to provide advice regarding the impact of the proposed changes

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

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

17  educational board must be consulted only when an institution

18  offering the training program falls under its jurisdiction.

19  Each person employed or occupying a position as school

20  supervisor, principal, teacher, library media specialist,

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

22  the employee serves in an instructional capacity, in any

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

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

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

26  rendered. However, the state board shall adopt rules

27  authorizing district school boards to employ selected

28  noncertificated personnel to provide instructional services in

29  the individuals' fields of specialty or to assist

30  instructional staff members as education paraprofessionals.

31

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  1         (4)  A commissioned or noncommissioned military officer

  2  who is an instructor of junior reserve officer training shall

  3  be exempt from requirements for teacher certification, except

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

  5  she meets the following qualifications:

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

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

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

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

10  service and draws retirement pay or retainer pay.

11

12  If such instructor is assigned instructional duties other than

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

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

15  the type of service rendered.

16         Section 19.  Section 231.17, Florida Statutes, is

17  amended to read:

18         (Substantial rewording of section. See

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

20         231.17  Teacher certification requirements.--

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

22  pursuant to this chapter shall submit a completed application

23  containing the applicant's social security number to the

24  Department of Education and remit the fee required pursuant to

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

26  to the federal Personal Responsibility and Work Opportunity

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

28  his or her social security number in accordance with this

29  section. Disclosure of social security numbers obtained

30  through this requirement shall be limited to the purpose of

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

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

  2  120.60, the department shall issue within 90 calendar days

  3  after the stamped receipted date of the completed application:

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

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

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

  7  The statement of status of eligibility must advise the

  8  applicant of any qualifications that must be completed to

  9  qualify for certification. Each statement of status of

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

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

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

13  the initial statement of status of eligibility is valid or

14  within 1 year after the initial statement expires.

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

16  certification pursuant to this chapter, a person must:

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

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

19  applicant subscribes to and will uphold the principles

20  incorporated in the Constitution of the United States and the

21  Constitution of the State of Florida.

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

23  from an accredited institution of higher learning, or a

24  nonaccredited institution of higher learning that the

25  Department of Education has identified as having a quality

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

27  applicant seeking initial certification must have attained at

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

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

30  the required education by submitting official transcripts from

31  institutions of higher education or by authorizing the direct

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  1  submission of such official transcripts through established

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

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

  4  board as nondegreed areas.

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

  6  of Law Enforcement and the Federal Bureau of Investigation

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

  8  criminal history or if the applicant acknowledges a criminal

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

10  Bureau of Educator Standards for review and determination of

11  eligibility for certification. If the applicant fails to

12  provide the necessary documentation requested by the Bureau of

13  Educator Standards within 90 days after the date of the

14  receipt of the certified mail request, the statement of

15  eligibility and pending application shall become invalid.

16         (e)  Be of good moral character.

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

18  functions, and responsibilities of a teacher.

19         (g) Demonstrate mastery of general knowledge, pursuant

20  to subsection (3).

21         (h) Demonstrate mastery of subject area knowledge,

22  pursuant to subsection (4).

23         (i)  Demonstrate mastery of professional preparation

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

25         (3)  MASTERY OF GENERAL KNOWLEDGE.--

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

27  demonstrating mastery of general knowledge are:

28         1.  Achievement of passing scores on the College Level

29  Academic Skills Test or other basic skills examinations

30  required by state board rule;

31

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

  2  general knowledge examinations;

  3         3.  A valid standard teaching certificate issued by

  4  another state that requires an examination of mastery of

  5  general knowledge;

  6         4.  A valid standard teaching certificate issued by

  7  another state and valid certificate issued by the National

  8  Board for Professional Teaching Standards; or

  9         5.  A valid standard teaching certificate issued by

10  another state and documentation of 2 years of continuous

11  successful full-time teaching or administrative experience

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

13  application for certification.

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

15  demonstrating mastery of general knowledge are:

16         1.  Achievement of passing scores on basic skills

17  examination required by state board rule;

18         2.  Achievement of passing scores on the College Level

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

20         3.  A valid standard teaching certificate issued by

21  another state that requires an examination of mastery of

22  general knowledge;

23         4.  A valid standard teaching certificate issued by

24  another state and valid certificate issued by the National

25  Board for Professional Teaching Standards; or

26         5.  A valid standard teaching certificate issued by

27  another state and documentation of 2 years of continuous

28  successful full-time teaching or administrative experience

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

30  application for certification.

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

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

  2  demonstrating mastery of subject area knowledge are:

  3         1.  Completion of the subject area content requirements

  4  specified in state board rule and achievement of passing

  5  scores on the National Teachers Examination series, a

  6  successor to that series, or other subject area examinations

  7  required by state board rule;

  8         2.  A valid standard teaching certificate issued by

  9  another state that requires an examination of mastery of

10  subject area knowledge;

11         3.  A valid standard teaching certificate issued by

12  another state and valid certificate issued by the National

13  Board for Professional Teaching Standards; or

14         4.  A valid standard teaching certificate issued by

15  another state and documentation of 2 years of continuous

16  successful full-time teaching or administrative experience

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

18  application for certification.

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

20  demonstrating mastery of subject area knowledge are:

21         1.  Achievement of passing scores on subject area

22  examinations required by state board rule;

23         2.  A valid standard teaching certificate issued by

24  another state that requires an examination of mastery of

25  subject area knowledge;

26         3.  A valid standard teaching certificate issued by

27  another state and valid certificate issued by the National

28  Board for Professional Teaching Standards; or

29         4.  A valid standard teaching certificate issued by

30  another state and documentation of 2 years of continuous

31  successful full-time teaching or administrative experience

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

  2  application for certification.

  3         (5)  MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION

  4  COMPETENCE.--

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

  6  demonstrating mastery of professional preparation and

  7  education competence are:

  8         1.  Achievement of passing scores on the professional

  9  education competency examination required by state board rule,

10  and documentation of one of the following:

11         a.  Completion of an approved teacher preparation

12  program at a postsecondary institution within this state;

13         b.  Successful completion of an approved alternative

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

15         c.  Completion of professional preparation college

16  courses as specified in state board rule and successful

17  completion of a district professional education competence

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

19         2.  A valid standard teaching certificate issued by

20  another state and valid certificate issued by the National

21  Board for Professional Teaching Standards; or

22         3.  A valid standard teaching certificate issued by

23  another state and documentation of 2 years of continuous

24  successful full-time teaching or administrative experience in

25  another state during the 5-year period immediately preceding

26  the date of application for certification.

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

28  demonstrating mastery of professional preparation and

29  education competence are:

30         1.  Completion of an approved teacher preparation

31  program at a postsecondary institution within this state;

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  1         2.  Completion of a teacher preparation program at a

  2  postsecondary institution outside Florida and achievement of

  3  passing scores on the professional education competency

  4  examination required by state board rule;

  5         3.  A valid standard teaching certificate issued by

  6  another state that requires an examination of mastery of

  7  professional education competence;

  8         4.  A valid standard teaching certificate issued by

  9  another state and valid certificate issued by the National

10  Board for Professional Teaching Standards;

11         5.  A valid standard teaching certificate issued by

12  another state and documentation of 2 years of continuous

13  successful full-time teaching or administrative experience

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

15  application for certification; or

16         6.  Successful completion of the Department of

17  Education's professional preparation and education competency

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

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

20         (a)  The Department of Education shall issue a

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

22  any applicant who meets all the requirements outlined in

23  subsection (2).

24         (b)  The department shall issue a temporary certificate

25  to any applicant who completes the requirements outlined in

26  paragraphs (2)(a)-(g) and:

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

28  content requirements specified in state board rule.

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

30  content requirements specified in state board rule or achieves

31

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  1  a passing score on the subject area examinations required by

  2  state board rule.

  3

  4  Each temporary certificate is valid for 3 school fiscal years

  5  and is nonrenewable. However, the State Board of Education

  6  shall adopt rules to allow the department to extend the

  7  validity period of a temporary certificate for 2 years when

  8  the requirements for the professional certificate were not

  9  completed due to the serious illness or injury of the

10  applicant or other extraordinary extenuating circumstances.

11  The department shall reissue the temporary certificate for 2

12  additional years upon approval by the Commissioner of

13  Education. A written request for reissuance of the certificate

14  shall be submitted by the superintendent of schools, the

15  governing authority of a developmental research school, the

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

17  governing authority of a nonpublic school.

18         (7)  PROFESSIONAL PREPARATION AND EDUCATION COMPETENCY

19  PROGRAM.--

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

21  develop and each school district must provide a cohesive

22  competency-based preparation program by which members of a

23  school district's instructional staff may satisfy the mastery

24  of professional preparation and education competence

25  requirements specified in rules of the State Board of

26  Education. Participants must hold a state-issued temporary

27  certificate. The program shall include the following

28  components:

29         1.  A minimum period of initial preparation prior to

30  assuming duties as the teacher of record.

31

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  1         2.  An option for collaboration between school

  2  districts and other supporting agencies for implementation.

  3         3.  Experienced peer mentors.

  4         4.  An assessment that provides for:

  5         a.  An initial evaluation of each educator's

  6  competencies to determine an appropriate individualized

  7  professional development plan.

  8         b.  A postevaluation to assure successful completion of

  9  the program.

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

11  to, the following:

12         a.  Requirements specified in state board rule for

13  professional preparation.

14         b.  The educator accomplished practices approved by the

15  state board.

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

17         d.  Methodologies, including technology-based

18  methodologies, for teaching subject content that supports the

19  Sunshine State Standards for students.

20         e.  Techniques for effective classroom management.

21         f.  Techniques and strategies for operationalizing the

22  role of the teacher in assuring a safe learning environment

23  for students.

24         g.  Methodologies for assuring the ability of all

25  students to read, write, and compute.

26         6.  Required achievement of passing scores on the

27  professional education competency examination required by

28  state board rule.

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

30  develop and maintain an alternative certification program by

31  which members of the district's instructional staff may

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  1  satisfy the professional education course requirements

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

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

  4  standards and guidelines for the approval of alternative

  5  certification programs. Each approved program must include

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

  7  competencies and must require each applicant to:

  8         1.  Have expertise in the subject and meet requirements

  9  for specialization in a subject area for which a professional

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

11  state board.

12         2.  Complete training in only those competency areas in

13  which deficiencies are identified.

14         3.  Complete the program within 2 years after initial

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

16         4.  Achieve passing scores on the professional

17  education competency examination required by state board rule.

18

19  Each district school board may expend educational training

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

21  provisions of this paragraph. The department must approve

22  programs and systems developed to demonstrate professional

23  preparation and education competence authorized by this

24  paragraph.

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

26  develop and maintain a system by which members of the

27  district's instructional staff may demonstrate mastery of

28  professional education competence as required by law. Each

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

30  instructional performance and must include a performance

31  evaluation plan for documenting the demonstration of required

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  1  professional education competence. Each individual employed as

  2  a member of the district's instructional staff must

  3  demonstrate such mastery within the first year after

  4  employment, unless the individual:

  5         1.  Has completed an approved teacher preparation

  6  program at a postsecondary institution within this state;

  7         2.  Has a valid teaching certificate issued by another

  8  state and demonstrated at least 2 years of successful

  9  full-time teaching experience in another state; or

10         3.  Is participating in the district's alternate

11  certification program outlined in paragraph (b).

12

13  Each district school board may expend educational training

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

15  provisions of this paragraph. The department must approve

16  programs and systems developed to demonstrate professional

17  education competence authorized by this paragraph.

18         (8)  EXAMINATIONS.--

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

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

21  printing, administering, scoring, and appropriate analysis of

22  the written examinations required.

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

24  examination scores that are required for the issuance of a

25  professional certificate and temporary certificate. Such rules

26  must define generic subject area competencies and must

27  establish uniform evaluation guidelines. Individuals who apply

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

29  demonstrate mastery of general knowledge pursuant to the

30  alternative method specified by state board rule which must:

31

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  1         1.  Apply only to an applicant who has successfully

  2  completed all prerequisites for issuance of the professional

  3  certificate, except passing one specific subtest of the

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

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

  6  four times.

  7         2.  Require notification from the superintendent of

  8  schools of the employing school district, the governing

  9  authority of the employing developmental research school, or

10  the governing authority of the employing state-supported

11  school or nonpublic school that the applicant has

12  satisfactorily demonstrated mastery of the subject area

13  covered by that specific subtest through successful experience

14  in the professional application of generic subject area

15  competencies and proficient academic performance in that

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

17  governing authority shall be based on a review of the

18  applicant's official academic transcript and notification from

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

20  district-level supervisor that the applicant has demonstrated

21  successful professional experience in that subject area.

22         (c)  The state board shall designate the certification

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

24  2002, an applicant may satisfy the subject area and

25  professional education competence testing requirements by

26  attaining scores on corresponding examinations from the

27  National Teachers Examination series, or a successor to that

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

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

30  similar examination approved by the state board, corresponding

31  examinations from the National Teachers Examination series, or

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

  2  to demonstrate mastery of general knowledge as required in

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

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

  5  writing, and mathematics subtest of the former Florida Teacher

  6  Certification Examination or has previously passed the College

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

  8  Level Academic Skills Test.

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

10  this state and does not achieve the score necessary for

11  certification, the applicant may review his or her completed

12  examination and bring to the attention of the department any

13  errors that would result in a passing score.

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

15  department and the state board shall maintain confidentiality

16  of the examination, developmental materials, and workpapers,

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

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

19  demonstration of mastery of general knowledge, professional

20  education competence, and subject area knowledge shall be

21  aligned with student standards approved by the state board.

22  The delivery system for these examinations shall provide for

23  overall efficiency, user-friendly application, reasonable

24  accessibility to prospective teachers, and prompt attainment

25  of examination results. The examination of competency for

26  demonstration of subject area knowledge shall be sufficiently

27  comprehensive to assess subject matter expertise for

28  individuals who have acquired subject knowledge either through

29  college credit or by other means.

30         (9)  NONCITIZENS.--

31

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

  2  issuing certificates to noncitizens who are needed to teach

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

  4  United States Immigration and Naturalization Service. The

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

  6  Constitution of the United States and the Constitution of the

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

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

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

10  nation controlled by forces that are antagonistic to

11  democratic forms of government, except to an individual who

12  has been legally admitted to the United States through the

13  United States Immigration and Naturalization Service.

14         (10)  DENIAL OF CERTIFICATE.--

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

16  a certificate if the department possesses evidence

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

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

19  Practices Commission would be authorized to revoke a teaching

20  certificate.

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

22  review by the Education Practices Commission upon the filing

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

24  receipt of the notice of denial.

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

26  shall adopt rules as necessary to implement this section.

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

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

29  the time of application for issuance of the initial

30  certificate, provided that continuity of certificates is

31  maintained.

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

  2  shall maintain a complete statement of the academic

  3  preparation, professional training, and teaching experience of

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

  5  the superintendent of schools shall furnish the information

  6  using a format or forms provided by the department.

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

  8  Education may make decisions regarding an applicant's

  9  certification under extenuating circumstances not otherwise

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

11  certification approved by the commissioner must possess the

12  credentials, knowledge, and skills necessary to provide

13  quality education in the public schools.

14         (15)  COMPARISON OF ROUTES TO A PROFESSIONAL

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

16  Department of Education shall conduct a longitudinal study to

17  compare performance of certificateholders who are employed in

18  Florida school districts. The study shall compare a sampling

19  of educators who have qualified for a professional certificate

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

21         (a)  Graduation from a state-approved teacher

22  preparation program.

23         (b)  Completion of a state-approved professional

24  preparation and education competency program.

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

26  state other than Florida.

27

28  The department comparisons shall be made to determine if there

29  is any significant difference in the performance of these

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

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

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  1         Section 20.  Section 231.1715, Florida Statutes, is

  2  amended to read:

  3         231.1715  Confidentiality of examinations.--All

  4  examination instruments, including developmental materials and

  5  workpapers directly related thereto, which are prepared,

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

  7  231.17 shall be confidential and exempt from the provisions of

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

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

10  instruments and related materials shall be prescribed by rules

11  of the State Board of Education.

12         Section 21.  Section 231.1725, Florida Statutes, is

13  amended to read:

14         231.1725  Employment of substitute teachers, teachers

15  of adult education, and nondegreed teachers of career

16  education, and career specialists; students performing

17  clinical field experience.--

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

19  231.15, and 231.17, or any other provision of law or rule to

20  the contrary, each district school board shall establish the

21  minimal qualifications for:

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

23  231.47. The qualifications shall require the filing of a

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

25  s. 231.02.

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

27  education programs. The qualifications shall require the

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

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

30  postsecondary instruction may be exempted from this

31  requirement.

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

  2  vocational programs. Qualifications shall be established for

  3  agriculture, business, health occupations, family and consumer

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

  5  service education teachers, based primarily on successful

  6  occupational experience rather than academic training. The

  7  qualifications for such teachers shall require:

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

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

10  to conduct postsecondary instruction may be exempted from this

11  requirement.

12         2.  Documentation of education and successful

13  occupational experience including documentation of:

14         a.  A high school diploma or the equivalent.

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

16  occupational experience or the equivalent of part-time

17  experience in the teaching specialization area. Alternate

18  means of determining successful occupational experience may be

19  established by the district school board.

20         c.  Completion of career education training conducted

21  through the local school district inservice master plan.

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

23  education training in teaching methods, course construction,

24  lesson planning and evaluation, and teaching special needs

25  students. This training may be completed through coursework

26  from a standard institution or an approved district teacher

27  education program.

28         e.  Demonstration of successful teaching performance.

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

30  education teachers who are employed pursuant to this section

31

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

  2  teachers.

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

  4  teacher preparation program in an institution of higher

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

  6  Education and who is jointly assigned by the institution of

  7  higher education and a district school board to perform a

  8  clinical field experience under the direction of a regularly

  9  employed and certified educator shall, while serving such

10  supervised clinical field experience, be accorded the same

11  protection of law as that accorded to the certified educator

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

13  the district school board.

14         Section 22.  Section 231.173, Florida Statutes, is

15  repealed.

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

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

18  231.24, Florida Statutes, are amended to read:

19         231.24  Process for renewal of professional

20  certificates.--

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

22  state-issued professional certificates as follows:

23         1.  Each school district shall renew state-issued

24  professional certificates for individuals who hold a

25  professional certificate by this state and are employed by

26  that district pursuant to criteria established in subsections

27  (2), (3), and (4) and requirements specified in rules of the

28  State Board of Education.

29         2.  The employing school district may charge the

30  individual an application fee not to exceed the amount charged

31  by the Department of Education for such services, including

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  1  associated late renewal fees.  Each district school board

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

  3  established by the state board $20 for each renewed

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

  5  the costs for maintenance and operation of the statewide

  6  certification database and for the actual costs incurred in

  7  printing and mailing such renewed certificates.  As defined in

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

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

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

11  department shall deposit all funds into the Educational

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

13         (b)  The department shall renew state-issued

14  professional certificates for individuals who are not employed

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

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

17  specified in rules of the state board of Education.

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

19  nonrenewable professional certificate, shall be renewable for

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

21  submission of documentation of completion of the requirements

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

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

24  professional certificate., except that

25         (b)  A teacher with national certification from the

26  National Board for Professional Teaching Standards is deemed

27  to meet state renewal requirements for the life of the

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

29  national certificate.

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

31  received by the department or by the employing school district

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  1  before the expiration of the professional certificate, the

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

  3  submitted before July 1 of the year following expiration of

  4  the certificate in order to renew the professional

  5  certificate.

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

  7  1-year extension of the validity period of a professional

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

  9  extraordinary extenuating circumstances of the applicant. The

10  department shall grant such 1-year extension upon written

11  request by the applicant or by the superintendent of schools

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

13  developmental research school, state-supported school, or

14  nonpublic school that employs the applicant.

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

16  following requirements must be met:

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

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

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

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

21  hours or equivalent inservice points in the specialization

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

23  240.529(5)(b) and credits or points that provide training in

24  the area of exceptional student education, normal child

25  development, and the disorders of development may be applied

26  toward any specialization area. Credits or points that provide

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

28  strategies in teaching students having limited proficiency in

29  English, or dropout prevention, or training in areas

30  identified in the educational goals and performance standards

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

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  1  toward any specialization area. Credits or points earned

  2  through approved summer institutes may be applied toward the

  3  fulfillment of these requirements. Inservice points may also

  4  be earned by participation in professional growth components

  5  approved by the State Board of Education and specified

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

  7  master plan for inservice educational training, including, but

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

  9  training activity, serving on an instructional materials

10  committee or a state board or commission that deals with

11  educational issues, or serving on an advisory council created

12  pursuant to s. 229.58.

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

14  points, the applicant may renew a specialization area by

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

16  completion of the national certification from the National

17  Board for Professional Teaching Standards in that

18  specialization area, or by completion of a department approved

19  summer work program in a business or industry directly related

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

21  state board shall adopt rules providing for the approval

22  procedure.

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

24  allow the reinstatement of expired professional certificates.

25  The department may reinstate an expired professional

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

27  the certificateholder:

28         (a)  Submits an application for reinstatement of the

29  expired certificate.

30         (b)  Documents completion of 6 college credits during

31  the 5 years immediately preceding reinstatement of the expired

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  1  certificate, completion of 120 inservice points, or a

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

  3         (c)  During the 5 years immediately preceding

  4  reinstatement of the certificate, achieves a passing score on

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

  6  reinstated certificate.

  7

  8  The requirements of this subsection may not be satisfied by

  9  subject area tests or college credits completed for issuance

10  of the certificate that has expired.

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

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

13  Statutes, are amended to read:

14         231.261  Education Practices Commission;

15  organization.--

16         (1)  There is created The Education Practices

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

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

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

20  the State Board of Education from nominations by the

21  Commissioner of Education and subject to Senate confirmation.

22  Prior to making nominations, the commissioner shall consult

23  with the teaching and other involved associations in the

24  state. In making nominations, the commissioner shall attempt

25  to achieve equal geographical representation, as closely as

26  possible.

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

28  appointment:

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

30         2.  Must be a resident of the state.

31

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  1         3.  Must have practiced the profession in this state

  2  for at least 5 years immediately preceding the appointment.

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

  4  qualified for appointment:

  5         1.  Must have an endorsement on the teaching

  6  certificate in the area of school administration or

  7  supervision.

  8         2.  Must be a resident of the state.

  9         3.  Must have practiced the profession as an

10  administrator for at least 5 years immediately preceding the

11  appointment.

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

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

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

15  perform other duties directed by the commission or required by

16  its duly adopted rules or operating procedures.  School

17  districts shall be reimbursed for substitute teachers required

18  to replace commission members, when they are carrying out

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

20  district for substitute teachers.  The department may is

21  authorized to reimburse local school districts for

22  substitutes.

23         (7)  The duties and responsibilities of the commission

24  are to:

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

26  to implement provisions of law conferring duties upon it.

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

28  designate members of the commission to serve on be divided

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

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

31  recommended order concerning a complaint against a teacher

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

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

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

  4  administrator from the commission.  A case recommended order

  5  concerning a complaint against an administrator shall be

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

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

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

  9  from the commission.

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

11  commission shall have final agency authority in all cases

12  involving the revocation, and suspension, or other

13  disciplining of certificates of teachers and school

14  administrators.  A majority of the membership of the panel

15  shall constitute a quorum. The district local school board

16  shall retain the authority to discipline teachers and

17  administrators pursuant to law.

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

19  and subsections (2) and (7) of section 231.262, Florida

20  Statutes, are amended to read:

21         231.262  Complaints against teachers and

22  administrators; procedure; penalties.--

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

24  investigated expeditiously any complaint which is filed before

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

26  legally sufficient, contains grounds for the revocation or

27  suspension of a certificate or any other appropriate penalty

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

29  sufficient if it contains the ultimate facts which show a

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

31  department may investigate or continue to investigate and take

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  1  appropriate action in a complaint even though the original

  2  complainant withdraws the complaint or otherwise indicates a

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

  4  completion. The department may investigate or continue to

  5  investigate and take action on a complaint filed against a

  6  person whose teaching certificate has expired if the act or

  7  acts which are the basis for the complaint were allegedly

  8  committed while that person possessed a teaching certificate.

  9         (b)  When an investigation is undertaken, the

10  department shall notify the certificateholder and the

11  superintendent of schools in the district in which the

12  certificateholder is employed and shall inform the

13  certificateholder of the substance of any complaint which has

14  been filed against that certificateholder, unless.  However,

15  if the department determines that such notification would be

16  detrimental to the investigation, in which case the department

17  may withhold notification.

18         (2)  The Commissioner of Education shall develop job

19  specifications for investigative personnel employed by the

20  department of Education. Such specifications shall be

21  substantially equivalent to or greater than those job

22  specifications of investigative personnel employed by the

23  Department of Business and Professional Regulation. The

24  department may contract with the Department of Business and

25  Professional Regulation for investigations. No person who is

26  responsible for conducting an investigation of a teacher or

27  administrator may prosecute the same case. The department

28  general counsel or members of that staff may conduct

29  prosecutions under this section.

30         (7)  Violations of the provisions of probation shall

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

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  1  Education Practices Commission. Upon failure of the

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

  3  show cause satisfactorily to the Education Practices

  4  Commission why a penalty for violating probation should not be

  5  imposed, the Education Practices Commission shall impose

  6  whatever penalty is appropriate as established in s. 231.2615

  7  231.28(6). Any probation period will be tolled when an order

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

  9  the Education Practices Commission.

10         Section 26.  Section 231.263, Florida Statutes, is

11  amended to read:

12         231.263  Recovery network program for educators.--

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

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

15  a recovery network program to assist educators who are

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

17  condition in obtaining treatment to permit their continued

18  contribution to the education profession.  Any person who

19  holds certification issued by the department pursuant to s.

20  231.17 is eligible for the assistance.

21         (2)  STAFF.--

22         (a)  The department shall employ an administrator and

23  staff as are necessary to be assigned exclusively to the

24  recovery network program.

25         (b)  The Commissioner of Education shall establish the

26  criteria for and appoint the staff of the program.

27         (c)  The department may contract with other

28  professionals to implement this section.

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

30  assist educators in obtaining treatment and services from

31  approved treatment providers, but each impaired educator must

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

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

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

  4  treatment provider and the program.  The treatment contract

  5  must prescribe the type of treatment and the responsibilities

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

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

  8  program.

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

10  network program shall locate, evaluate, and approve qualified

11  treatment providers.

12         (5)  RELATIONSHIP WITH EDUCATION PRACTICES COMMISSION

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

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

15  Professional Practices Services of the Department of Education

16  and the Education Practices Commission.  A person's

17  participation in the program entitles the commissioner to

18  enter into a deferred prosecution agreement pursuant to s.

19  231.262, or such participation may be considered a factor in

20  mitigation of or a condition of disciplinary action against

21  the person's certificate by the Education Practices Commission

22  pursuant to s. 231.2615 231.28.

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

24  operate independently of employee assistance programs operated

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

26  districts to make employment decisions, including disciplinary

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

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

29  proceedings under ss. 231.262 and 231.2615 231.28 may

30  voluntarily seek assistance through a local school district

31  employee assistance program for which he or she is eligible

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  1  and through the recovery network, regardless of action taken

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

  3  assistance alone does not subject a person to proceedings

  4  under ss. 231.262 and 231.2615 231.28.

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

  6  proceedings under ss. 231.262 and 231.2615 231.28 may be

  7  required to participate in the program.  The program may

  8  approve a local employee assistance program as a treatment

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

10  program and the local school district shall cooperate so that

11  the person may obtain treatment without limiting the school

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

13  disciplinary procedures under ss. 231.262 and 231.2615 231.28.

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

15  investigation by the department may be enrolled in a treatment

16  program by the recovery network after an investigation has

17  commenced, if the person:

18         1.  Acknowledges his or her impairment.

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

20  network.

21         3.  Executes releases for all medical and treatment

22  records regarding his or her impairment and participation in a

23  treatment program to the recovery network, pursuant to 42

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

25  thereunder.

26         4.  Enters into a deferred prosecution agreement with

27  the commissioner, which provides that no prosecution shall be

28  instituted concerning the matters enumerated in the agreement

29  while the person is properly enrolled in the treatment program

30  and successfully completes the program as certified by the

31  recovery network. The commissioner is under no obligation to

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  1  enter into a deferred prosecution agreement with the educator,

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

  3  interest of the educational program of the state.

  4         5.  Has not previously entered a substance abuse

  5  program.

  6         6.  Is not being investigated for any action involving

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

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

  9  possession, or abuse of alcohol.

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

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

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

13  finding of no probable cause indicates that no concern other

14  than impairment exists, the department shall inform the person

15  of the availability of assistance provided by the recovery

16  network program.

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

18  requests admission to the recovery network program shall be

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

20         (a)  Acknowledged his or her impairment problem.

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

22  network program.

23         (c)  Voluntarily enrolled in an appropriate treatment

24  program approved by the recovery network program.

25         (d)  Voluntarily sought agreement from the school

26  district for temporary leave or limitations on the scope of

27  employment if the temporary leave or limitations are included

28  in the treatment provider's recommendations; or voluntarily

29  agreed to pursue the alternative treatment recommended by the

30  treatment provider if the school district does not approve

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  1  such temporary leave or limitations on the scope of

  2  employment.

  3         (e)  Executed releases to the recovery network program

  4  for all medical and treatment records regarding his or her

  5  impairment and participation in a treatment program pursuant

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

  7  thereunder.

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

  9  treatment provider must disclose to the recovery network

10  program all information in its possession which relates to a

11  person's impairment and participation in the treatment

12  program.  Information obtained under this subsection is

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

14  of the State Constitution.  This exemption is necessary to

15  promote the rehabilitation of impaired educators and to

16  protect the privacy of treatment program participants.  The

17  failure to provide such information to the program is grounds

18  for withdrawal of approval of a treatment provider. Medical

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

20  other person, except as authorized by law.

21         (10)  DECLARATION OF INELIGIBILITY.--

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

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

24  not progress satisfactorily in a treatment program or leaves a

25  prescribed program or course of treatment without the approval

26  of the treatment provider.

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

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

29  program administrator. Before referring a case to the

30  commissioner, the administrator must discuss the circumstances

31  with the treatment provider.  The commissioner may direct the

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  1  Office of Professional Practices Services to investigate the

  2  case and provide a report.

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

  4  condition of a deferred prosecution agreement, and the

  5  commissioner determines that the person is ineligible for

  6  further assistance, the commissioner may agree to modify the

  7  terms and conditions of the deferred prosecution agreement or

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

  9  alleging the charges regarding which prosecution was deferred.

10  The person may dispute the determination as an affirmative

11  defense to the administrative complaint by including with his

12  or her request for hearing on the administrative complaint a

13  written statement setting forth the facts and circumstances

14  that show that the determination of ineligibility was

15  erroneous.  If administrative proceedings regarding the

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

17  result in a finding that the determination of ineligibility

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

19  program. If the determination of ineligibility was the only

20  reason for setting aside the deferred prosecution agreement

21  and issuing the administrative complaint and the

22  administrative proceedings result in a finding that the

23  determination was erroneous, the complaint shall be dismissed

24  and the deferred prosecution agreement reinstated without

25  prejudice to the commissioner's right to reissue the

26  administrative complaint for other breaches of the agreement.

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

28  condition of a final order of the Education Practices

29  Commission, the commissioner's determination of ineligibility

30  constitutes a finding of probable cause that the person failed

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

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  1  an administrative complaint, and the case shall proceed under

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

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

  4  Practices Commission.

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

  6  contract with the program, the commissioner shall issue a

  7  written notice stating the reasons for the determination of

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

  9  the person may contest the determination of ineligibility

10  pursuant to ss. 120.569 and 120.57.

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

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

13  commissioner, the Office of Professional Practices Services,

14  and the Education Practices Commission only as required for

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

16  Further disclosure or release of the medical records may not

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

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

19  thereunder.  The medical records are confidential and exempt

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

21  Constitution.

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

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

24  sufficient to implement the provisions of this section.  The

25  state board shall by rule establish procedures and additional

26  standards for:

27         (a)  Approving treatment providers, including

28  appropriate qualifications and experience, amount of

29  reasonable fees and charges, and quality and effectiveness of

30  treatment programs provided.

31         (b)  Admitting eligible persons to the program.

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  1         (c)  Evaluating impaired persons by the recovery

  2  network program.

  3         Section 27.  Section 231.28, Florida Statutes, is

  4  renumbered as section 231.2615, Florida Statutes, and amended

  5  to read:

  6         231.2615 231.28  Education Practices Commission;

  7  authority to discipline.--

  8         (1)  The Education Practices Commission may shall have

  9  authority to suspend the teaching certificate of any person as

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

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

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

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

14  certificate of any person, thereby denying that person the

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

16  with reinstatement subject to the provisions of subsection

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

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

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

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

21  provided it can be shown that the such person:

22         (a)  Obtained the teaching certificate by fraudulent

23  means.;

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

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

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

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

28  involving moral turpitude.;

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

30  state.;

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

  2  any other criminal charge, other than a minor traffic

  3  violation.;

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

  5  personal conduct which seriously reduces that person's

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

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

  8  231.36(2).;

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

10  the Education Practices Commission to suspend the certificate

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

12         (i)  Has violated the Principles of Professional

13  Conduct for the Education Profession prescribed by State Board

14  of Education rules.;

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

16  penalty for which is the revocation of the teaching

17  certificate.; or

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

19  Commission.

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

21  guilty by any court, the forfeiture by the teaching

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

23  written acknowledgment, duly witnessed, of offenses listed in

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

25  appointed representative or to the district school board shall

26  be prima facie proof of grounds for revocation of the

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

28  proof by the certificateholder that the plea of guilty,

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

30  threats, coercion, or fraudulent means.

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  1         (3)  The revocation by the Education Practices

  2  Commission of a teaching certificate of any person

  3  automatically revokes any and all Florida teaching

  4  certificates held by that person.

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

  6  under this section is automatically reinstated at the end of

  7  the suspension period, provided the such certificate did not

  8  expire during the period of suspension.  If the certificate

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

10  former certificate may secure a new certificate by making

11  application therefor and by meeting the certification

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

13  application for the new certificate.  A teaching certificate

14  suspended pursuant to a court order for a delinquent child

15  support obligation may only be reinstated upon notice from the

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

17  order.

18         (b)  A person whose teaching certificate has been

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

20  the expiration of that period of ineligibility fixed by the

21  Education Practices Commission by making application therefor

22  and by meeting the certification requirements of the state

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

24  certificate.

25         (5)  Each district superintendent of schools and the

26  governing authority of each developmental research school,

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

28  the department the name of any person certified pursuant to

29  this chapter or employed and qualified pursuant to s.

30  231.1725:

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

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

  3  charge, other than a minor traffic infraction;

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

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

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

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

  8  because of conduct involving any immoral, unnatural, or

  9  lascivious act.

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

11  settlement agreement enforced by a final order of the

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

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

14  the individual to appear before the commission to show cause

15  why further penalties should not be levied against the

16  individual's certificate pursuant to the authority provided to

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

18  Education Practices Commission may shall have the authority to

19  fashion further penalties under the authority of subsection

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

21  responded to by the individual.

22         (b)  The Education Practices Commission shall issue a

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

24  certificate for a minimum of 1 year under the following

25  circumstances:

26         1.  If the individual:

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

28  this section, such that the Education Practices Commission has

29  the authority to discipline the individual's Florida

30  educator's certificate on two separate occasions;

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  1         b.  Has twice entered into a settlement agreement

  2  enforced by a final order of the Education Practices

  3  Commission; or

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

  5  this section, such that the Education Practices Commission has

  6  the authority to discipline the individual's Florida

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

  8  settlement agreement enforced by a final order of the

  9  Education Practices Commission on one occasion; and

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

11  that the allegations are proven or admitted to is subsequently

12  found by the Commissioner of Education.

13

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

15  settlement agreement with the Department of Education, that

16  agreement shall also include a penalty revoking that

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

18  year.

19         Section 28.  Section 231.29, Florida Statutes, is

20  amended to read:

21         231.29  Assessment procedures and criteria.--

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

23  instructional, administrative, and supervisory services in the

24  public schools of the state, the superintendent of schools

25  shall establish procedures for assessing the performance of

26  duties and responsibilities of all instructional,

27  administrative, and supervisory personnel employed by the

28  school district. The Department of Education must approve each

29  district's instructional personnel assessment system.

30

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

  2  design of the district's instructional personnel assessment

  3  system:

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

  5  and school level improvement plans.

  6         (b)  The system must provide appropriate instruments,

  7  procedures, and criteria for continuous quality improvement of

  8  the professional skills of instructional personnel.

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

10  parents an opportunity to provide input into employee

11  performance assessments when appropriate.

12         (d)  In addition to addressing generic teaching

13  competencies, districts must determine those teaching fields

14  for which special procedures and criteria will be developed.

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

16  assistance process. The plan may provide a mechanism for

17  assistance of persons who are placed on performance probation

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

19         (f)  The district school board shall provide training

20  programs that are based upon guidelines provided by the

21  Department of Education to ensure that all individuals with

22  evaluation responsibilities understand the proper use of the

23  assessment criteria and procedures.

24         (3)  The assessment procedure for instructional

25  personnel and school administrators must be primarily based on

26  the performance of students assigned to their classrooms or

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

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

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

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

31  educational principles and contemporary research in effective

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  1  educational practices. Beginning with the full implementation

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

  3  primarily use data and indicators of improvement in student

  4  performance assessed annually as specified in s. 229.57 and

  5  may consider results of peer reviews in evaluating the

  6  employee's performance. Student performance must be measured

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

  8  assessments for subjects and grade levels not measured by the

  9  state assessment program. The assessment criteria must

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

11  following:

12         1.  Performance of students.

13         2.  Ability to maintain appropriate discipline.

14         3.  Knowledge of subject matter. The district school

15  board shall make special provisions for evaluating teachers

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

17         4.  Ability to plan and deliver instruction, including

18  the use of technology in the classroom.

19         5.  Ability to evaluate instructional needs.

20         6.  Ability to establish and maintain a positive

21  collaborative relationship with students' families to increase

22  student achievement.

23         7.  Other professional competencies, responsibilities,

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

25  Education and policies of the district school board.

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

27  criteria and procedures associated with the assessment process

28  before the assessment takes place.

29         (c)  The individual responsible for supervising the

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

31  must submit a written report of the assessment to the

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  1  superintendent of schools for the purpose of reviewing the

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

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

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

  5  instructional or administrative duties, the superintendent of

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

  7  review the employee's performance assessment. If the

  8  superintendent of schools determines that the lack of general

  9  knowledge, subject area expertise, or other professional

10  competencies contributed to the employee's unsatisfactory

11  performance, the superintendent of schools shall notify the

12  district school board of that determination.  The district

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

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

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

16  professional competencies, whichever is appropriate.  The

17  tests required by this paragraph shall be those required for

18  certification under this chapter and rules of the State Board

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

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

21  place.  The evaluator must discuss the written report of

22  assessment with the employee. The employee shall have the

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

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

25  personnel file.

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

27  in a satisfactory manner, the evaluator shall notify the

28  employee in writing of such determination. The notice must

29  describe such unsatisfactory performance and include notice of

30  the following procedural requirements:

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  1         1.  Upon delivery of a notice of unsatisfactory

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

  3  recommendations with respect to specific areas of

  4  unsatisfactory performance, and provide assistance in helping

  5  to correct deficiencies within a prescribed period of time.

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

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

  8  placed on performance probation and governed by the provisions

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

10  the notice of unsatisfactory performance to demonstrate

11  corrective action. School holidays and school vacation periods

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

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

14  professional service contract must be evaluated periodically

15  and apprised of progress achieved and must be provided

16  assistance and inservice training opportunities to help

17  correct the noted performance deficiencies. At any time during

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

19  service contract may request a transfer to another appropriate

20  position with a different supervising administrator; however,

21  a transfer does not extend the period for correcting

22  performance deficiencies.

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

24  days, the evaluator must assess whether the performance

25  deficiencies have been corrected and forward a recommendation

26  to the superintendent of schools. Within 14 days after

27  receiving the evaluator's recommendation, the superintendent

28  of schools must notify the employee who holds a professional

29  service contract in writing whether the performance

30  deficiencies have been satisfactorily corrected and whether

31  the superintendent of schools will recommend that the district

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  1  school board continue or terminate his or her employment

  2  contract. If the employee wishes to contest the superintendent

  3  of schools' superintendent's recommendation, the employee

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

  5  schools' superintendent's recommendation, submit a written

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

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

  8  the following procedures:

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

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

11  hearing shall be conducted in accordance with the provisions

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

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

14  superintendent of schools' superintendent's recommendation.

15  The determination of the district school board shall be final

16  as to the sufficiency or insufficiency of the grounds for

17  termination of employment; or

18         (II)  A hearing conducted by an administrative law

19  judge assigned by the Division of Administrative Hearings of

20  the Department of Management Services. The hearing shall be

21  conducted within 60 days after receipt of the written appeal

22  in accordance with chapter 120. The recommendation of the

23  administrative law judge shall be made to the district school

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

25  school board shall be required to sustain or change the

26  administrative law judge's recommendation. The determination

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

28  sufficiency or insufficiency of the grounds for termination of

29  employment.

30         (4)  The superintendent of schools shall notify the

31  department of any instructional personnel who receive two

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  1  consecutive unsatisfactory evaluations and who have been given

  2  written notice by the district that their employment is being

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

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

  5  department shall conduct an investigation to determine whether

  6  action shall be taken against the certificateholder pursuant

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

  8         (5)  The superintendent of schools shall develop a

  9  mechanism for evaluating the effective use of assessment

10  criteria and evaluation procedures by administrators who are

11  assigned responsibility for evaluating the performance of

12  instructional personnel. The use of the assessment and

13  evaluation procedures shall be considered as part of the

14  annual assessment of the administrator's performance. The

15  system must include a mechanism to give parents and teachers

16  an opportunity to provide input into the administrator's

17  performance assessment, when appropriate.

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

19  grant a probationary employee a right to continued employment

20  beyond the term of his or her contract.

21         (7)  The district school board shall establish a

22  procedure annually reviewing instructional personnel

23  assessment systems to determine compliance with this section.

24  All substantial revisions to an approved system must be

25  reviewed and approved by the district school board before

26  being used to assess instructional personnel.  Upon request by

27  a school district, the department shall provide assistance in

28  developing, improving, or reviewing an assessment system.

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

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

31  guidelines for the submission, review, and approval of

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  1  district procedures for the annual assessment of instructional

  2  personnel and that include criteria for evaluating

  3  professional performance.

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

  5  Florida Statutes, is amended to read:

  6         231.2905  Florida School Recognition Program.--

  7         (3)  All selected schools shall receive financial

  8  awards depending on the availability of funds appropriated and

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

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

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

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

13  nonrecurring bonuses to the faculty and staff or for

14  nonrecurring expenditures for educational equipment or

15  materials or temporary personnel for the school to assist in

16  maintaining and improving student performance.

17  Notwithstanding statutory provisions to the contrary,

18  incentive awards are not subject to collective bargaining.

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

20  Statutes, is amended to read:

21         231.30  Certification fees.--

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

23  establish separate fees for applications, examinations,

24  certification, certification renewal, late renewal,

25  recordmaking, and recordkeeping, and may establish procedures

26  for scheduling and administering an examination upon an

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

28  estimates of the revenue required to implement the provisions

29  of law with respect to certification of school personnel and

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

31  section. The application fee shall be nonrefundable. Each

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  1  examination fee shall be sufficient to cover the actual cost

  2  of developing and administering the examination, but shall not

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

  4  examination or $100 for an examination administered upon an

  5  applicant's request.

  6         Section 31.  Section 231.3505, Florida Statutes, is

  7  amended to read:

  8         231.3505  Employment of directors of career education

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

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

11  equivalent vocational teachers must employ a director of

12  career education who meets the certification requirements

13  established by the State Board of Education.  The Such

14  directors shall be directly accountable to the superintendent

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

16  the planning and implementation of vocational programs.  Two

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

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

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

20  231.36, Florida Statutes, are amended to read:

21         231.36  Contracts with instructional staff,

22  supervisors, and principals.--

23         (1)

24         (b)  A supervisor or principal shall be properly

25  certified and shall receive a written contract as specified in

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

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

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

29  During the probationary period, the employee may be dismissed

30  without cause or may resign from the contractual position

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

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

  2  shall contain provisions for dismissal during the term of the

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

  4  provisions as are prescribed by the district school board.

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

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

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

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

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

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

11  position without first being released from his or her contract

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

13  which the person is employed shall be subject to the

14  jurisdiction of the Education Practices Commission.  The

15  district school board shall take official action on such

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

17  the Commissioner of Education.

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

19  shall provide a professional service contract as prescribed

20  herein.  Each member of the instructional staff who completes

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

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

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

24  231.36, Florida Statutes 1981. Each member of the

25  instructional staff who completes the following requirements

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

27  issued a professional service contract in the form prescribed

28  by rules of the state board as provided herein:

29         1.  The member must hold a professional certificate as

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

31  Education.

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  1         2.  The member must have completed 3 years of

  2  probationary service in the district during a period not in

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

  4  and granted.

  5         3.  The member must have been recommended by the

  6  superintendent of schools for such contract and reappointed by

  7  the district school board based on successful performance of

  8  duties and demonstration of professional competence.

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

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

11  contract shall include a 97-day probationary period during

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

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

14         (b)  The professional service contract shall be

15  effective at the beginning of the school fiscal year following

16  the completion of all requirements therefor.

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

18  extended to 4 years when prescribed by the district school

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

20  reappointment.

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

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

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

24  who has previously held a professional service contract or

25  continuing contract in the same or another district within

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

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

28  a professional service contract in the same district.

29         (e)  A professional service contract shall be renewed

30  each year unless the superintendent of schools, after

31  receiving the recommendations required by s. 231.29, charges

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  1  the employee with unsatisfactory performance and notifies the

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

  3  An employee who holds a professional service contract on July

  4  1, 1997, is subject to the procedures set forth in paragraph

  5  (f) during the term of the existing professional service

  6  contract. The employee is subject to the procedures set forth

  7  in s. 231.29(3)(d) upon the next renewal of the professional

  8  service contract; however, if the employee is notified of

  9  performance deficiencies before the next contract renewal

10  date, the procedures of s. 231.29(3)(d) do not apply until the

11  procedures set forth in paragraph (f) have been exhausted and

12  the professional service contract is subsequently renewed.

13         (f)  The superintendent of schools shall notify an

14  employee who holds a professional service contract on July 1,

15  1997, in writing, no later than 6 weeks prior to the end of

16  the postschool conference period, of performance deficiencies

17  which may result in termination of employment, if not

18  corrected during the subsequent year of employment (which

19  shall be granted for an additional year in accordance with the

20  provisions in subsection (1)). Except as otherwise hereinafter

21  provided, this action shall not be subject to the provisions

22  of chapter 120, but the following procedures shall apply:

23         1.  On receiving notice of unsatisfactory performance,

24  the employee, on request, shall be accorded an opportunity to

25  meet with the superintendent of schools, or his or her the

26  superintendent's designee, for an informal review of the

27  determination of unsatisfactory performance.

28         2.  An employee notified of unsatisfactory performance

29  may request an opportunity to be considered for a transfer to

30  another appropriate position, with a different supervising

31  administrator, for the subsequent year of employment.

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  1         3.  During the subsequent year, the employee shall be

  2  provided assistance and inservice training opportunities to

  3  help correct the noted performance deficiencies.  The employee

  4  shall also be evaluated periodically so that he or she will be

  5  kept apprised of progress achieved.

  6         4.  Not later than 6 weeks prior to the close of the

  7  postschool conference period of the subsequent year, the

  8  superintendent of schools, after receiving and reviewing the

  9  recommendation required by s. 231.29, shall notify the

10  employee, in writing, whether the performance deficiencies

11  have been corrected.  If so, a new professional service

12  contract shall be issued to the employee.  If the performance

13  deficiencies have not been corrected, the superintendent of

14  schools may notify the district school board and the employee,

15  in writing, that the employee shall not be issued a new

16  professional service contract; however, if the recommendation

17  of the superintendent of schools is not to issue a new

18  professional service contract, and if the employee wishes to

19  contest such recommendation, the employee will have 15 days

20  from receipt of the superintendent of schools'

21  superintendent's recommendation to demand, in writing, a

22  hearing. In such hearing, the employee may raise as an issue,

23  among other things, the sufficiency of the superintendent of

24  schools' superintendent's charges of unsatisfactory

25  performance.  Such hearing shall be conducted at the district

26  school board's election in accordance with one of the

27  following procedures:

28         a.  A direct hearing conducted by the district school

29  board within 60 days of receipt of the written appeal. The

30  hearing shall be conducted in accordance with the provisions

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

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

  2  superintendent of schools' superintendent's recommendation.

  3  The determination of the district school board shall be final

  4  as to the sufficiency or insufficiency of the grounds for

  5  termination of employment; or

  6         b.  A hearing conducted by an administrative law judge

  7  assigned by the Division of Administrative Hearings of the

  8  Department of Management Services. The hearing shall be

  9  conducted within 60 days of receipt of the written appeal in

10  accordance with chapter 120. The recommendation of the

11  administrative law judge shall be made to the district school

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

13  school board shall be required to sustain or change the

14  administrative law judge's recommendation. The determination

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

16  sufficiency or insufficiency of the grounds for termination of

17  employment.

18         (4)(a)  An employee who has continuing contract status

19  prior to July 1, 1984, shall be entitled to retain such

20  contract and all rights arising therefrom in accordance with

21  existing laws, rules of the State Board of Education, or any

22  laws repealed by this act, unless the employee voluntarily

23  relinquishes his or her continuing contract.

24         (b)  Any member of the district administrative or

25  supervisory staff and any member of the instructional staff,

26  including any principal, who is under continuing contract may

27  be dismissed or may be returned to annual contract status for

28  another 3 years in the discretion of the district school

29  board, at the end of the school year, when a recommendation to

30  that effect is submitted in writing to the district school

31  board on or before April 1 of any school year, giving good and

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  1  sufficient reasons therefor, by the superintendent of schools,

  2  by the principal if his or her contract is not under

  3  consideration, or by a majority of the district school board.

  4  The employee whose contract is under consideration shall be

  5  duly notified in writing by the party or parties preferring

  6  the charges at least 5 days prior to the filing of the written

  7  recommendation with the district school board, and such notice

  8  shall include a copy of the charges and the recommendation to

  9  the district school board.  The district school board shall

10  proceed to take appropriate action.  Any decision adverse to

11  the employee shall be made by a majority vote of the full

12  membership of the district school board.  Any such decision

13  adverse to the employee may be appealed by the employee

14  pursuant to s. 120.68.

15         (c)  Any member of the district administrative or

16  supervisory staff and any member of the instructional staff,

17  including any principal, who is under continuing contract may

18  be suspended or dismissed at any time during the school year;

19  however, the charges against him or her must be based on

20  immorality, misconduct in office, incompetency, gross

21  insubordination, willful neglect of duty, drunkenness, or

22  conviction of a crime involving moral turpitude, as these

23  terms are defined by rule of the State Board of Education.

24  Whenever such charges are made against any such employee of

25  the district school board, the district school board may

26  suspend such person without pay; but, if the charges are not

27  sustained, he or she shall be immediately reinstated, and his

28  or her back salary shall be paid.  In cases of suspension by

29  the district school board or by the superintendent of schools,

30  the district school board shall determine upon the evidence

31  submitted whether the charges have been sustained and, if the

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  1  charges are sustained, shall determine either to dismiss the

  2  employee or fix the terms under which he or she may be

  3  reinstated.  If such charges are sustained by a majority vote

  4  of the full membership of the district school board and such

  5  employee is discharged, his or her contract of employment

  6  shall be thereby canceled. Any such decision adverse to the

  7  employee may be appealed by the employee pursuant to s.

  8  120.68, provided such appeal is filed within 30 days after the

  9  decision of the district school board.

10         (5)  Should a district school board have to choose from

11  among its personnel who are on continuing contracts or

12  professional service contracts as to which should be retained,

13  such decisions shall be made pursuant to the terms of a

14  collectively bargained agreement, when one exists.  If no such

15  agreement exists, the district school board shall prescribe

16  rules to handle reductions in workforce.

17         (6)(a)  Any member of the instructional staff,

18  excluding an employee specified in subsection (4), may be

19  suspended or dismissed at any time during the term of the

20  contract for just cause as provided in paragraph (1)(a). The

21  district school board must notify the employee in writing

22  whenever charges are made against the employee and may suspend

23  such person without pay; but, if the charges are not

24  sustained, the employee shall be immediately reinstated, and

25  his or her back salary shall be paid. If the employee wishes

26  to contest the charges, the employee must, within 15 days

27  after receipt of the written notice, submit a written request

28  for a hearing. Such hearing shall be conducted at the district

29  school board's election in accordance with one of the

30  following procedures:

31

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  1         1.  A direct hearing conducted by the district school

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

  3  hearing shall be conducted in accordance with the provisions

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

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

  6  superintendent of schools' superintendent's recommendation.

  7  The determination of the district school board shall be final

  8  as to the sufficiency or insufficiency of the grounds for

  9  termination of employment; or

10         2.  A hearing conducted by an administrative law judge

11  assigned by the Division of Administrative Hearings of the

12  Department of Management Services. The hearing shall be

13  conducted within 60 days after receipt of the written appeal

14  in accordance with chapter 120. The recommendation of the

15  administrative law judge shall be made to the district school

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

17  school board shall be required to sustain or change the

18  administrative law judge's recommendation. The determination

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

20  sufficiency or insufficiency of the grounds for termination of

21  employment.

22

23  Any such decision adverse to the employee may be appealed by

24  the employee pursuant to s. 120.68, provided such appeal is

25  filed within 30 days after the decision of the district school

26  board.

27         (b)  Any member of the district administrative or

28  supervisory staff, including any principal but excluding an

29  employee specified in subsection (4), may be suspended or

30  dismissed at any time during the term of the contract;

31  however, the charges against him or her must be based on

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  1  immorality, misconduct in office, incompetency, gross

  2  insubordination, willful neglect of duty, drunkenness, or

  3  conviction of any crime involving moral turpitude, as these

  4  terms are defined by rule of the State Board of Education.

  5  Whenever such charges are made against any such employee of

  6  the district school board, the district school board may

  7  suspend the employee without pay; but, if the charges are not

  8  sustained, he or she shall be immediately reinstated, and his

  9  or her back salary shall be paid.  In cases of suspension by

10  the district school board or by the superintendent of schools,

11  the district school board shall determine upon the evidence

12  submitted whether the charges have been sustained and, if the

13  charges are sustained, shall determine either to dismiss the

14  employee or fix the terms under which he or she may be

15  reinstated.  If such charges are sustained by a majority vote

16  of the full membership of the district school board and such

17  employee is discharged, his or her contract of employment

18  shall be thereby canceled. Any such decision adverse to the

19  employee may be appealed by him or her pursuant to s. 120.68,

20  provided such appeal is filed within 30 days after the

21  decision of the district school board.

22         (7)  The district school board of any given district

23  shall grant continuing service credit for time spent

24  performing duties as a member of the Legislature to any

25  district employee who possesses a professional service

26  contract, multiyear contract, or continuing contract.

27         Section 33.  Section 231.3605, Florida Statutes, is

28  amended to read:

29         231.3605  Educational support employees.--

30         (1)  As used in this section:

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  1         (a)  "Educational support employee" means any person

  2  employed by a district school system who is employed as a

  3  teacher assistant, an education paraprofessional, a member of

  4  the transportation department, a member of the operations

  5  department, a member of the maintenance department, a member

  6  of food service, a secretary, or a clerical employee, or any

  7  other person who by virtue of his or her position of

  8  employment is not required to be certified by the Department

  9  of Education or district school board pursuant to s. 231.1725.

10  This section does not apply to persons employed in

11  confidential or management positions. This section applies to

12  all employees who are not temporary or casual and whose duties

13  require 20 or more hours in each normal working week.

14         (b)  "Employee" means any person employed as an

15  educational support employee.

16         (c)  "Superintendent" means the superintendent of

17  schools or his or her designee.

18         (2)(a)  Each educational support employee shall be

19  employed on probationary status for a period to be determined

20  through the appropriate collective bargaining agreement or by

21  district school board rule in cases where a collective

22  bargaining agreement does not exist.

23         (b)  Upon successful completion of the probationary

24  period by the employee, the employee's status shall continue

25  from year to year unless the superintendent terminates the

26  employee for reasons stated in the collective bargaining

27  agreement, or in district school board rule in cases where a

28  collective bargaining agreement does not exist, or reduces the

29  number of employees on a districtwide basis for financial

30  reasons.

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  1         (c)  In the event a superintendent seeks termination of

  2  an employee, the district school board may suspend the

  3  employee with or without pay. The employee shall receive

  4  written notice and shall have the opportunity to formally

  5  appeal the termination. The appeals process shall be

  6  determined by the appropriate collective bargaining process or

  7  by district school board rule in the event there is no

  8  collective bargaining agreement.

  9         Section 34.  Subsection (2) of section 231.361, Florida

10  Statutes, is reenacted to read:

11         231.361  Vocational teachers; status.--

12         (2)  A holder of a certificate based on nonacademic

13  preparation which entitled him or her to employment to teach

14  classes in career or adult education shall not be assigned to

15  teach in a regular academic field of the kindergarten through

16  grade 12 school program.

17         Section 35.  Section 231.39, Florida Statutes, is

18  amended to read:

19         231.39  Provisions for leaves of absence.--All leaves

20  of absence for all district school board employees, except

21  those leaves prescribed by law, shall be granted with or

22  without compensation pursuant to rules adopted by the district

23  school board.  Such leaves authorized by the district school

24  board shall include, but are not be limited to, professional

25  leave and extended professional leave, personal leave,

26  military leave granted in compliance with chapter 115, and

27  maternity leave.

28         Section 36.  Subsections (2), (3), and (4) of section

29  231.40, Florida Statutes, are amended to read:

30         231.40  Sick leave.--

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  1         (2)  ELIGIBILITY.--Any member of the instructional

  2  staff or any other employee of a district school system

  3  employed on a full-time basis in the public schools of the

  4  state who is unable to perform his or her duty in the school

  5  on account of personal sickness, accident disability, or

  6  extended personal illness, or because of illness or death of

  7  father, mother, brother, sister, husband, wife, child, other

  8  close relative, or member of his or her own household, and

  9  consequently has to be absent from his or her work shall be

10  granted leave of absence for sickness by the superintendent of

11  schools or by someone designated in writing by the

12  superintendent of schools to do so.

13         (3)  PROVISIONS GOVERNING SICK LEAVE.--The following

14  provisions shall govern sick leave:

15         (a)  Extent of leave.--

16         1.  Each member of the instructional staff employed on

17  a full-time basis shall be entitled to 4 days of sick leave as

18  of the first day of employment of each contract year and shall

19  thereafter earn 1 day of sick leave for each month of

20  employment, which shall be credited to the member at the end

21  of that month and which shall not be used prior to the time it

22  is earned and credited to the member.  Each other employee

23  shall be credited with 4 days of sick leave at the end of the

24  first month of employment of each contract year and shall

25  thereafter be credited for 1 day of sick leave for each month

26  of employment, which shall be credited to the employee at the

27  end of the month and which shall not be used prior to the time

28  it is earned and credited to the employee.  However, each

29  member of the instructional staff and each other employee

30  shall be entitled to earn no more than 1 day of sick leave

31  times the number of months of employment during the year of

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  1  employment.  If the employee terminates his or her employment

  2  and has not accrued the 4 sick days available to him or her,

  3  the district school board may withhold the average daily

  4  amount for the sick days utilized but unearned by the

  5  employee. Such leave shall be taken only when necessary

  6  because of sickness as herein prescribed.  The Such sick leave

  7  shall be cumulative from year to year.  There shall be no

  8  limit on the number of days of sick leave which a member of

  9  the instructional staff or an educational support employee may

10  accrue, except that at least one-half of this cumulative leave

11  must be established within the district granting such leave.

12         2.  A district school board may establish policies and

13  prescribe standards to permit an employee to be absent 6 days

14  each school year for personal reasons. However, such absences

15  for personal reasons shall be charged only to accrued sick

16  leave, and leave for personal reasons shall be noncumulative.

17         3.  District school boards may are authorized to adopt

18  rules permitting the annual payment for accumulated sick leave

19  that is earned for that year and that is unused at the end of

20  the school year, based on the daily rate of pay of the

21  employee multiplied by up to 80 percent.  Days for which such

22  payment is received shall be deducted from the accumulated

23  leave balance. Such annual payment may apply only to

24  instructional staff and educational support employees.

25         4.  A district school board may establish policies to

26  provide terminal pay for accumulated sick leave to

27  instructional staff and educational support employees of the

28  district school board.  If termination of employment is by

29  death of the employee, any terminal pay to which the employee

30  may have been entitled may be made to his or her beneficiary.

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  1  However, such terminal pay shall not exceed an amount

  2  determined as follows:

  3         a.  During the first 3 years of service, the daily rate

  4  of pay multiplied by 35 percent times the number of days of

  5  accumulated sick leave.

  6         b.  During the next 3 years of service, the daily rate

  7  of pay multiplied by 40 percent times the number of days of

  8  accumulated sick leave.

  9         c.  During the next 3 years of service, the daily rate

10  of pay multiplied by 45 percent times the number of days of

11  accumulated sick leave.

12         d.  During the next 3 years of service, the daily rate

13  of pay multiplied by 50 percent times the number of days of

14  accumulated sick leave.

15         e.  During and after the 13th year of service, the

16  daily rate of pay multiplied by 100 percent times the number

17  of days of accumulated sick leave.

18         5.  A district school board may establish policies to

19  provide terminal pay for accumulated sick leave to any

20  full-time employee of the district school board other than

21  instructional staff or educational support employees as

22  defined in this section.  If termination of the employee is by

23  death of the employee, any terminal pay to which the employee

24  may have been entitled may be made to the employee's

25  beneficiary.  However, for such employees hired on or after

26  July 1, 1995, terminal pay shall not exceed an amount

27  determined as follows:

28         a.  One-fourth of all unused sick leave accumulated on

29  or after July 1, 1995; however, terminal pay allowable for

30  such accumulated sick leave shall not exceed a maximum of 60

31  days of actual payment.

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  1         b.  For unused sick leave accumulated prior to July 1,

  2  1995, terminal payment shall be made pursuant to a district

  3  school board's policies which are in effect on July 1, 1995.

  4         (b)  Claim must be filed.--Any district school board

  5  employee who finds it necessary to be absent from his or her

  6  duties because of illness, as defined in this section, shall

  7  notify his or her immediate supervisor, if possible, before

  8  the beginning of the workday on which the employee must be

  9  absent or during that day, except for emergency reasons

10  recognized by the district school board as valid.  Any

11  district school board employee shall, before claiming and

12  receiving compensation for the time absent from his or her

13  duties while absent because of sick leave as prescribed in

14  this section, make and file within 5 working days following

15  his or her return from such absence with the superintendent of

16  schools of the district in which he or she is so employed a

17  written certificate which shall set forth the day or days

18  absent, that such absence was necessary, and that the employee

19  is entitled or not entitled to receive pay for such absence in

20  accordance with the provisions of this section; however, the

21  district school board of any district may prescribe

22  regulations under which the superintendent of schools may

23  require a certificate of illness from a licensed physician or

24  from the county health officer.

25         (c)  Compensation.--Any employee having unused sick

26  leave credit shall receive full-time compensation for the time

27  justifiably absent on sick leave, but no compensation may be

28  allowed beyond that which may be provided in subsection (4).

29         (d)  Expenditure authorized.--District school boards

30  may are authorized to expend public funds for payment to

31  employees on account of sickness. The expending and excluding

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  1  of such funds shall be in compliance with rules promulgated by

  2  the Department of Management Services pursuant to chapter 650.

  3         (4)  SICK LEAVE POOL.--Notwithstanding any other

  4  provision of this section, a district school board, based upon

  5  the maintenance of reliable and accurate records by the

  6  district school system showing the amount of sick leave which

  7  has been accumulated and is unused by employees in accordance

  8  with this section, may, by rule or collective bargaining

  9  agreement, establish one or more plans allowing participating

10  full-time employees of a district school system to pool sick

11  leave accrued and allowing any sick leave thus pooled to be

12  disbursed to any participating employee who is in need of sick

13  leave in excess of that amount he or she has personally

14  accrued.  Such rules or agreements shall include, but not be

15  limited to, the following provisions:

16         (a)  Participation in any sick leave pool shall at all

17  times be voluntary on the part of employees.

18         (b)  Any full-time employee shall be eligible for

19  participation in any sick leave pool after 1 year of

20  employment with the district school system, provided the such

21  employee has accrued a minimum amount of unused sick leave,

22  which minimum shall be established by rule and provided

23  further, a sick leave pool is established that allows

24  participation by that particular employee.

25         (c)  Any sick leave pooled pursuant to this section

26  shall be removed from the personally accumulated sick leave

27  balance of the employee donating such leave.

28         (d)  Participating employees shall make equal

29  contributions to the sick leave pool.  There shall be

30  established a maximum amount of sick leave which may be

31  contributed by an employee to the pool.  After the initial

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  1  contribution which an employee makes upon electing to

  2  participate, no further contributions shall be required except

  3  as may be necessary to replenish the pool.  Any such further

  4  contribution shall be equally required of all employees

  5  participating in the pool.

  6         (e)  Any sick leave time drawn from the pool by a

  7  participating employee must be used for said employee's

  8  personal illness, accident, or injury.

  9         (f)  A participating employee is shall not be eligible

10  to use sick leave from the pool until all of his or her sick

11  leave has been depleted, unless otherwise agreed to in a

12  collective bargaining agreement.  There shall be established a

13  maximum number of days for which an employee may draw sick

14  leave from the sick leave pool.

15         (g)  A participating employee who uses sick leave from

16  the pool is shall not be required to recontribute such sick

17  leave to the pool, except as otherwise provided in this

18  section.

19         (h)  A participating employee who chooses to no longer

20  participate in the sick leave pool is shall not be eligible to

21  withdraw any sick leave already contributed to the pool.

22         (i)  Alleged abuse of the use of the sick leave pool

23  shall be investigated and, on a finding of wrongdoing, the

24  employee shall repay all of the sick leave credits drawn from

25  the sick leave pool and be subject to such other disciplinary

26  action as determined by the district school board to be

27  appropriate. Rules adopted for the administration of this

28  program shall provide for the investigation of the use of sick

29  leave utilized by the participating employee in the sick leave

30  pool.

31

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  1         Section 37.  Section 231.41, Florida Statutes, is

  2  amended to read:

  3         231.41  Illness-in-line-of-duty leave.--Any district

  4  school board employee shall be entitled to

  5  illness-in-line-of-duty leave when he or she has to be absent

  6  from his or her duties because of a personal injury received

  7  in the discharge of duty or because of illness from any

  8  contagious or infectious disease contracted in school work.

  9  The following requirements shall be observed:

10         (1)  DURATION OF LEAVE AND COMPENSATION.--Leave of the

11  district school board employee shall be authorized for a total

12  of not to exceed 10 school days during any school year for

13  illness contracted, or injury incurred, from the causes

14  prescribed above. However, in the case of sickness or injury

15  occurring under such circumstances as in the opinion of the

16  district school board warrant it, additional emergency sick

17  leave may be granted out of local funds for such term and

18  under such conditions as the district school board deems

19  proper.  The district school board may is authorized, when it

20  deems it desirable to do so, to carry insurance to safeguard

21  the district school board against excessive payments during

22  any year.

23         (2)  CLAIMS.--Any district school board employee who

24  has any claim for compensation while absent because of illness

25  contracted or injury incurred as prescribed herein shall file

26  a claim in the manner prescribed in s. 231.40(3)(b) within 5

27  working days following the employee's return from such

28  absence.  The school board of the district in which such

29  person is employed shall approve the such claims and authorize

30  the payment thereof if the district school board is satisfied

31  that the claim correctly states the facts and that the such

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  1  claim is entitled to payment in accordance with the provisions

  2  of this section.

  3         Section 38.  Subsections (1) and (3) of section

  4  231.424, Florida Statutes, are amended to read:

  5         231.424  Sabbatical leave.--

  6         (1)  Any member of the instructional staff of any

  7  school district may be granted sabbatical leave for a period

  8  not to exceed 1 year.  A person who receives such leave may be

  9  paid one-half of his or her ordinary salary during the period

10  of such leave, or in accordance with negotiated agreement or

11  district school board policy, and shall receive full benefits

12  during such period.  A person compensated under this section

13  may not be compensated for other employment during the period

14  of sabbatical leave so that he or she would receive combined

15  compensation in excess of his or her ordinary salary.

16         (3)  Each district school board shall adopt rules to

17  implement this section.

18         Section 39.  Section 231.434, Florida Statutes, is

19  amended to read:

20         231.434  Annual leave.--District school boards may are

21  authorized to adopt rules that provide for the earning of

22  annual leave by employees, including educational support

23  employees, who are employed for 12 calendar months a year.

24         Section 40.  Section 231.44, Florida Statutes, is

25  amended to read:

26         231.44  Absence without leave.--Any district school

27  board employee who is willfully absent from duty without leave

28  shall forfeit compensation for the time of such absence, and

29  his or her employment shall be subject to termination by the

30  district school board.

31

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  1         Section 41.  Section 231.45, Florida Statutes, is

  2  amended to read:

  3         231.45  Records of absences.--The administrator of each

  4  designated organizational unit shall see that both the days

  5  present and the days absent for each employee are reported to

  6  the superintendent of schools at least once each month in the

  7  manner prescribed for that purpose. This report shall include

  8  the exact dates of, and the reasons for, each absence. Each

  9  superintendent of schools shall establish procedures to ensure

10  maintenance of the complete records of all such absences.

11         Section 42.  Section 231.47, Florida Statutes, is

12  amended to read:

13         231.47  Substitute teachers.--Each district school

14  board shall adopt rules prescribing the compensation of, and

15  the procedure for employment of, substitute teachers. Such

16  procedure for employment shall include, but is not be limited

17  to, the filing of a complete set of fingerprints as required

18  in s. 231.02.

19         Section 43.  Section 231.471, Florida Statutes, is

20  amended to read:

21         231.471  Part-time teachers.--

22         (1)  District school boards may hire use their

23  discretion in hiring certified and qualified personnel as

24  provided in s. 231.1725 to teach a specified number of

25  periods, which may be less than a full school day or less than

26  a full school year.

27         (2)  Assigned additional school duties and salaries

28  shall be given in direct ratio to the number of periods

29  taught. Other benefits shall be provided by district school

30  board rule or, if applicable, pursuant to chapter 447.

31

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  1         Section 44.  Section 231.481, Florida Statutes, is

  2  amended to read:

  3         231.481  Terminal pay for accrued vacation leave.--A

  4  district school board may establish policies to provide for a

  5  lump-sum payment for accrued vacation leave to an employee of

  6  the district school board upon termination of employment or

  7  upon retirement, or to the employee's beneficiary if service

  8  is terminated by death. Effective July 1, 1995, terminal pay

  9  for accrued vacation leave may not exceed a maximum of 60 days

10  of actual payment for employees hired on or after that date.

11         Section 45.  Section 231.495, Florida Statutes, is

12  amended to read:

13         231.495  Retirement annuities authorized.--

14         (1)  District school boards may are authorized to

15  purchase annuities for all school personnel with 25 or more

16  years of creditable service who have reached age 50 and have

17  applied for retirement under the Florida Retirement System or

18  who have reached age 55 and have applied for retirement under

19  plan E of the Teachers' Retirement System.  No such annuity

20  shall provide for more than the total difference in retirement

21  income between the retirement benefit based on average monthly

22  compensation and creditable service as of the member's early

23  retirement date and the early retirement benefit.

24         (2)  District school boards may also purchase annuities

25  for members of the Florida Retirement System who have

26  out-of-state teaching service in another state or country

27  which is documented as valid by the appropriate district

28  school board. Such annuities may be based on no more than 5

29  years of out-of-state teaching service and may equal, but not

30  exceed, the benefits that would be payable under the Florida

31

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  1  Retirement System if credit for out-of-state teaching was

  2  authorized under that system.

  3         (3)  District school boards may are authorized to

  4  invest funds, purchase annuities, or provide local

  5  supplemental retirement programs for purposes of providing

  6  annuities for school personnel.

  7         (4)  All retirement annuities shall comply with s. 14,

  8  Art. X of the State Constitution.

  9         Section 46.  Subsections (1) and (3) of section

10  231.545, Florida Statutes, are amended to read:

11         231.545  Education Standards Commission;

12  organization.--

13         (1)  There is created The Education Standards

14  Commission shall, to consist of 24 members appointed by the

15  State Board of Education from nominations by the Commissioner

16  of Education and subject to Senate confirmation. Prior to

17  making nominations, the commissioner shall consult with the

18  teaching and other involved associations in the state.  In

19  making nominations, the commissioner shall attempt to achieve

20  equal geographical representation, as closely as possible.

21  The members shall include:

22         (a)  Twelve teachers at least one of whom is a teacher

23  in a private institution who is certified by the Department of

24  Education and one of whom is certified as a vocational

25  teacher.

26         (b)  One superintendent of schools.

27         (c)  One school principal.

28         (d)  One school personnel officer, to be appointed on

29  the date of the first expiration of a school principal's term.

30         (e)  One teacher education or inservice

31  education/inservice director.

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  1         (f)  Four citizens, two of whom are district school

  2  board members.

  3         (g)  Three representatives from higher education, two

  4  of whom are deans of colleges, schools, or departments of

  5  education and one of whom is employed by an independent

  6  institution.

  7         (h)  One administrative representative from a community

  8  college.

  9         (3)  Members shall serve for 3-year staggered terms and

10  shall be entitled to reimbursement for expenses of attending

11  meetings of the commission.  Reimbursement for such expenses

12  shall be made by the Treasurer from funds appropriated for the

13  Department of Education, on warrants drawn by the Comptroller

14  upon requisitions approved by the Department of Education.

15  School districts shall be reimbursed for substitute teachers

16  required to replace commission members, when they are carrying

17  out their official duties, at the rate established by the

18  school district for substitute teachers.  The department may

19  is authorized to reimburse local school districts for

20  substitutes.

21         Section 47.  Subsection (1) and paragraph (b) of

22  subsection (2) of section 231.546, Florida Statutes, are

23  amended to read:

24         231.546  Education Standards Commission; powers and

25  duties.--

26         (1)  The Education Standards Commission shall have the

27  duty to:

28         (a)  Recommend to the state board high standards

29  relating to programs and policies for the development,

30  certification and certification extension, improvement, and

31  maintenance of competencies of educational personnel,

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  1  including teacher interns. The Such standards must be

  2  consistent with the state's duty to provide a high-quality

  3  system of public education to all students.

  4         (b)  Recommend to the state board standards for

  5  approval of preservice teacher education programs.

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

  7  resources studies regarding teaching personnel and report the

  8  findings to the state board.

  9         (d)  Recommend to the state board objective,

10  independently verifiable standards of measurement and

11  evaluation of teaching competence.

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

13  demonstrate qualifications for certification which assure

14  fairness and flexibility while protecting against

15  incompetence.

16         (f)  Recommend critical state priorities for preservice

17  and inservice teacher training such as understanding diverse

18  student populations, working in a changing workplace, and

19  understanding subject matter and instruction.  The commission

20  shall recommend standards for measuring evidence of training

21  in these priorities for continuing program approval for

22  preservice teacher education, initial teacher certification

23  and certificate renewal, and staff development activities.

24         (g)  Evaluate the progress of school community

25  professional development systems as provided in s. 231.600.

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

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

28         (2)  The commission shall develop, through the teaching

29  profession, standards of professional practice in areas

30  including, but not limited to, ethical and professional

31  performance.

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  1         (b)  The commission may shall have the authority to

  2  establish procedures for developing codes or standards of

  3  professional ethics, performance, and practices as described

  4  herein and to recommend to the state board for adoption such

  5  codes, standards, and rules to effectuate the purposes of this

  6  section.

  7         Section 48.  Section 231.600, Florida Statutes, is

  8  amended to read:

  9         231.600  School Community Professional Development

10  Act.--

11         (1)  The Department of Education, public community

12  colleges and universities, public school districts, and public

13  schools in this state shall collaborate to establish a

14  coordinated system of professional development. The purpose of

15  the professional development system is to enable the school

16  community to meet state and local student achievement

17  standards and the state education goals and to succeed in

18  school improvement as described in s. 229.591.

19         (2)  The school community includes administrative

20  personnel, managers administrators, instructional personnel,

21  support personnel, members of district school boards

22  principals, members of school advisory councils, parents,

23  business partners, and personnel that provide health and

24  social services to school children.  School districts may

25  identify and include additional members of the school

26  community in the professional development activities required

27  by this section.

28         (3)  The activities designed to implement this section

29  must:

30

31

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  1         (a)  Increase the success of educators in guiding

  2  student learning and development so as to implement state and

  3  local educational standards, goals, and initiatives;

  4         (b)  Assist the school community in providing

  5  stimulating educational activities that encourage and motivate

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

  7  learners; and

  8         (c)  Provide continuous support for all education

  9  professionals as well as temporary intervention for education

10  professionals who need improvement in knowledge, skills, and

11  performance.

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

13  schools, and public colleges and universities share the

14  responsibilities described in this section.  These

15  responsibilities include the following:

16         (a)  The department shall develop and disseminate to

17  the school community model professional development methods

18  and programs that have demonstrated success in meeting

19  identified student needs.  The Commissioner of Education shall

20  use data on student achievement to identify student needs. The

21  methods of dissemination must include a statewide performance

22  support system, a database of exemplary professional

23  development activities, a listing of available professional

24  development resources, training programs, and technical

25  assistance.

26         (b)  Each school district shall develop a professional

27  development system. The system shall be developed in

28  consultation district school board shall consult with teachers

29  and representatives of college and university faculty,

30  community agencies, and other interested citizen groups to

31  establish policy and procedures to guide the operation of the

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  1  district professional development program.  The professional

  2  development system must:

  3         1.  Be approved by the department. All substantial

  4  revisions to the system shall be submitted to the department

  5  for review for continued approval.

  6         2.1.  Require the that principals and schools use of

  7  student achievement data;, school discipline data;, school

  8  environment surveys;, assessments of parental satisfaction;

  9  performance appraisal data of teachers, managers, and

10  administrative personnel;, and other performance indicators to

11  identify school and student needs that can be met by improved

12  professional performance., and assist principals and schools

13  in making these identifications;

14         3.2.  Provide inservice training activities coupled

15  with followup support that are is appropriate to accomplish

16  district-level and school-level improvement goals and

17  standards. The inservice activities for instructional

18  personnel shall primarily focus on subject content and

19  teaching methods, including technology, as related to the

20  Sunshine State Standards, assessment and data analysis,

21  classroom management, and school safety.;

22         4.  Include a master plan for inservice activities,

23  pursuant to rules of the State Board of Education, for all

24  district employees from all fund sources. The master plan

25  shall be updated annually by September 1 using criteria for

26  continued approval as specified by rules of the State Board of

27  Education. Written verification that the inservice plan meets

28  all requirements of this section must be submitted annually to

29  the commissioner by October 1.

30         5.  Require each school principal to establish and

31  maintain an individual professional development plan for each

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  1  instructional employee assigned to the school. The individual

  2  professional development plan must:

  3         a.  Be related to specific performance data for the

  4  students to whom the teacher is assigned.

  5         b.  Define the inservice objectives and specific

  6  measurable improvements expected in student performance as a

  7  result of the inservice activity.

  8         c.  Include an evaluation component that determines the

  9  effectiveness of the professional development plan.

10         6.  Include inservice activities for school

11  administrative personnel that address updated skills necessary

12  for effective school management and instructional leadership.

13         7.3.  Provide for systematic consultation with regional

14  and state personnel designated to provide technical assistance

15  and evaluation of local professional development programs.;

16         8.4.  Provide for delivery of professional development

17  by distance learning and other technology-based delivery

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

19         9.5.  Provide for the continuous evaluation of

20  Continuously evaluate the quality and effectiveness of

21  professional development programs in order to eliminate

22  ineffective programs and strategies and to expand effective

23  ones. Evaluations must consider the impact of such activities

24  on the performance of participating educators and their

25  students' achievement and behavior.

26         (c)  Each public community college and university shall

27  assist the department, school districts, and schools in the

28  design, delivery, and evaluation of professional development

29  activities. This assistance must include active participation

30  in state and local activities required by the professional

31  development system.

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  1         (5)(a)  The Department of Education shall provide a

  2  system for the recruitment, preparation, and professional

  3  development of school administrative personnel. This system

  4  shall:

  5         1.  Identify the knowledge, competencies, and skills

  6  necessary for effective school management and instructional

  7  leadership that align with student performance standards and

  8  accountability measures.

  9         2.  Include performance evaluation methods.

10         3.  Provide for alternate means for preparation of

11  school administrative personnel which may include programs

12  designed by school districts and institutions of higher

13  education pursuant to guidelines developed by the

14  commissioner. Such preparation programs shall be approved by

15  the Department of Education.

16         4.  Provide for the hiring of qualified out-of-state

17  school administrative personnel.

18         5.  Provide advanced educational opportunities for

19  school-based instructional leaders.

20         (b)  The Commissioner of Education shall appoint a task

21  force that includes a school district superintendent, a

22  district school board member, a principal, an assistant

23  principal, a teacher, a dean of a college of education, and

24  parents. The task force shall convene periodically to provide

25  recommendations to the department in the areas of recruitment,

26  certification, preparation, professional development, and

27  evaluation of school administrators.

28         (6)(5)  Each district school board shall provide

29  funding for the professional development system as required by

30  s. 236.081 and the General Appropriations Act, and shall

31  direct expenditures from other funding sources to strengthen

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  1  the system and make it uniform and coherent.  A school

  2  district may coordinate its professional development program

  3  with that of another district, with an educational consortium,

  4  or with a college or university, especially in preparing and

  5  educating personnel. Each district school board shall make

  6  available inservice activities to instructional personnel of

  7  nonpublic schools in the district and the state certified

  8  teachers who are not employed by the district school board on

  9  a fee basis not to exceed the cost of the activity per all

10  participants.

11         (7)  An organization of nonpublic schools which has no

12  fewer than 10 member schools in this state, which publishes

13  and files with the Department of Education copies of its

14  standards, and the member schools of which comply with the

15  provisions of chapter 232, relating to compulsory school

16  attendance, may also develop a professional development system

17  that includes a master plan for inservice activities. The

18  system and inservice plan must be submitted to the

19  commissioner for approval pursuant to rules of the State Board

20  of Education.

21         (8)(6)  The Department of Education shall design

22  methods by which the state and district school boards may

23  evaluate and improve the professional development system.  The

24  evaluation must include an annual assessment of data that

25  indicate progress or lack of progress of all students. If the

26  review of the data indicates progress, the department shall

27  identify the best practices that attributed to the progress.

28  If the review of the data indicates a lack of progress, the

29  department shall investigate the causes of the lack of

30  progress, provide technical assistance, and require the school

31  district to employ a different approach to professional

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  1  development If the review of data indicates an achievement

  2  level that is unusual, the department may investigate the

  3  causes of the success or lack of success, may provide

  4  technical assistance, and may require the school district to

  5  employ a different approach to professional development. The

  6  department shall report annually to the State Board of

  7  Education and the Legislature any school district that, in the

  8  determination of the department, has failed to provide an

  9  adequate professional development system.  This report must

10  include the results of the department's investigation and of

11  any intervention provided.

12         (9)(7)  The State Board of Education may adopt rules

13  pursuant to ss. 120.536(1) and 120.54 to administer this

14  section.

15         (10)(8)  This section does not limit or discourage a

16  district school board from contracting with independent

17  entities for professional development services and inservice

18  education if the district school board believes that, through

19  such a contract, a better product can be acquired or its goals

20  for education improvement can be better met.

21         (11)(9)  For teachers, managers, and administrative

22  personnel administrators who have been evaluated as less than

23  satisfactory, a district school board shall may require

24  participation in specific professional development programs as

25  part of the improvement prescription.

26         Section 49.  Section 231.6135, Florida Statutes, is

27  amended to read:

28         231.6135  Statewide system for inservice professional

29  development.--The intent of this section is to establish a

30  statewide system of professional development that provides a

31  wide range of targeted inservice training to teachers,

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  1  managers, and administrative personnel administrators designed

  2  to upgrade skills and knowledge needed to reach world class

  3  standards in education.  The system shall consist of a network

  4  of professional development academies in each region of the

  5  state that are operated in partnership with area business

  6  partners to develop and deliver high-quality training programs

  7  purchased by school districts.  The academies shall be

  8  established to meet the human resource development needs of

  9  professional educators, schools, and school districts. Funds

10  appropriated for the initiation of professional development

11  academies shall be allocated by the Commissioner of Education,

12  unless otherwise provided in an appropriations act. To be

13  eligible for startup funds, the academy must:

14         (1)  Be established by the collaborative efforts of one

15  or more district school boards, members of the business

16  community, and the postsecondary institutions which may award

17  college credits for courses taught at the academy.

18         (2)  Demonstrate the capacity to provide effective

19  training to improve teaching skills in the areas of elementary

20  reading and mathematics, the use of instructional technology,

21  high school algebra, and classroom management, and to deliver

22  such training using face-to-face, distance learning, and

23  individualized computer-based delivery systems.

24         (3)  Propose a plan for responding in an effective and

25  timely manner to the professional development needs of

26  teachers, managers, administrative personnel administrators,

27  schools, and school districts relating to improving student

28  achievement and meeting state and local education goals.

29         (4)  Demonstrate the ability to provide high-quality

30  trainers and training, appropriate followup and coaching for

31

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  1  all participants, and support school personnel in positively

  2  impacting student performance.

  3         (5)  Be operated under contract with its public

  4  partners and governed by an independent board of directors,

  5  which should include at least one superintendent of schools

  6  and one district school board chair chairman from the

  7  participating school districts, the president of the

  8  collective bargaining unit that represents the majority of the

  9  region's teachers, and at least three individuals who are not

10  employees or elected or appointed officials of the

11  participating school districts.

12         (6)  Be financed during the first year of operation by

13  an equal or greater match from private funding sources and

14  demonstrate the ability to be self-supporting within 1 year

15  after opening through fees for services, grants, or private

16  contributions.

17         (7)  Own or lease a facility that can be used to

18  deliver training onsite and through distance learning and

19  other technology-based delivery systems. The participating

20  district school boards may lease a site or facility to the

21  academy for a nominal fee and may pay all or part of the costs

22  of renovating a facility to accommodate the academy. The

23  academy is responsible for all operational, maintenance, and

24  repair costs.

25         (8)  Provide professional development services for the

26  participating school districts as specified in the contract

27  and may provide professional development services to other

28  school districts, private schools, and individuals on a

29  fee-for-services basis.

30         Section 50.  Section 231.614, Florida Statutes, is

31  repealed.

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  1         Section 51.  Subsection (1) of section 231.62, Florida

  2  Statutes, is amended to read:

  3         231.62  Identification of critical teacher shortage

  4  areas.--

  5         (1)  As used in ss. 231.621, 240.4063, and 240.4064,

  6  the term "critical teacher shortage area" applies to

  7  mathematics, science, career education, and high priority

  8  location areas. The State Board of Education may identify

  9  career education programs having critical teacher shortages.

10  The State Board of Education shall adopt rules pursuant to ss.

11  120.536(1) and 120.54, necessary to annually identify other

12  critical teacher shortage areas and high priority location

13  areas. The state board shall also consider teacher

14  characteristics such as ethnic background, race, and sex in

15  determining critical teacher shortage areas. School grade

16  levels may also be designated critical teacher shortage areas.

17  Individual district school boards may identify other critical

18  teacher shortage areas. Such shortages must be certified to

19  and approved by the State Board of Education. High priority

20  location areas shall be in high-density, low-economic urban

21  schools and low-density, low-economic rural schools and shall

22  include schools which meet criteria which include, but are not

23  limited to, the percentage of free lunches, the percentage of

24  students under Chapter I of the Education Consolidation and

25  Improvement Act of 1981, and the faculty attrition rate.

26         Section 52.  Subsections (1), (2), and (4) of section

27  231.621, Florida Statutes, are amended to read:

28         231.621  Critical Teacher Shortage Student Loan

29  Forgiveness Program.--

30         (1)  The Critical Teacher Shortage Student Loan

31  Forgiveness Program is established In order to encourage

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  1  qualified personnel to seek employment in subject areas in

  2  which critical teacher shortages exist, as identified annually

  3  by the State Board of Education, there is established the

  4  Critical Teacher Shortage Student Loan Forgiveness Program.

  5  The primary function of the program is to make repayments

  6  towards loans received by students from federal programs or

  7  commercial lending institutions for the support of

  8  postsecondary education study. Repayments are intended to be

  9  made to qualified applicants who begin teaching for the first

10  time in designated subject areas, and who apply during their

11  first year of teaching as certified teachers in these subject

12  areas.

13         (2)  From the funds available, the Department of

14  Education may is authorized to make loan principal repayments

15  as follows:

16         (a)  Up to $2,500 a year for up to 4 years on behalf of

17  selected graduates of state-approved undergraduate

18  postsecondary teacher preparation programs, persons certified

19  to teach pursuant to any applicable teacher certification

20  requirements, or selected teacher preparation graduates from

21  any state participating in the Interstate Agreement on the

22  Qualification of Educational Personnel.

23         (b)  Up to $5,000 a year for up to 2 years on behalf of

24  selected graduates of state-approved graduate postsecondary

25  teacher preparation programs, persons with graduate degrees

26  certified to teach pursuant to any applicable teacher

27  certification requirements, or selected teacher preparation

28  graduates from any state participating in the Interstate

29  Agreement on the Qualification of Educational Personnel.

30         (c)  All repayments shall be contingent on continued

31  proof of employment in the designated subject areas in this

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  1  state and shall be made directly to the holder of the loan.

  2  The state shall not bear responsibility for the collection of

  3  any interest charges or other remaining balance.  In the event

  4  that designated critical teacher shortage subject areas are

  5  changed by the State Board of Education, a teacher shall

  6  continue to be eligible for loan forgiveness as long as he or

  7  she continues to teach in the subject area for which the

  8  original loan repayment was made and otherwise meets all

  9  conditions of eligibility.

10         (4)  The State Board of Education may is authorized to

11  adopt rules pursuant to ss. 120.536(1) and 120.54, necessary

12  for the administration of this program.

13         Section 53.  Section 231.6215, Florida Statutes, is

14  created to read:

15         231.6215  Student Fellowship Program.--

16         (1)  The Student Fellowship Program is created to

17  provide 2-year scholarship loans of $6,500 per year to

18  students who are residents of this state and who are rising

19  juniors at a state community college, state university, or

20  independent postsecondary education institution that is

21  eligible to participate in the Florida Resident Access Grant

22  or to education paraprofessional learning guides, as defined

23  in s. 231.700(3), who are pursuing a bachelor's degree in

24  order to become an associate teacher, as defined in s.

25  231.700(3).

26         (2)  The Department of Education shall administer the

27  program in cooperation with participating postsecondary

28  education institutions.

29         (a)  A student fellowship recipient shall participate

30  in a 12-month program developed by the participating

31

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  1  postsecondary education institution in consultation with the

  2  department.

  3         (b)  The recipient must receive intensive preparation

  4  in a content area combined with ongoing experience with school

  5  children through internships or working with a master teacher

  6  identified as a mentor.

  7         (3)  To continue to receive a fellowship, a student

  8  fellowship recipient must maintain satisfactory progress

  9  toward a baccalaureate degree at a participating postsecondary

10  institution. The department shall set standards for

11  satisfactory progress, which must exceed the standards

12  required of other students majoring in education and which may

13  include extracurricular activities related to the program.

14         (4)  A recipient may receive a fellowship loan for 2

15  years. The department shall forgive the fellowship loan if,

16  within 5 years after graduation, the recipient teaches full

17  time for 3 years at a Florida public school or for 2 years at

18  a Florida public school designated as performance grade

19  category "D" or "F," pursuant to s. 229.57. The department

20  shall also forgive a loan if it finds that the recipient

21  cannot teach for the required number of years due to the death

22  or permanent and total disability of the recipient or other

23  extraordinary extenuating circumstances.

24         (5)  If a student fellowship recipient does not

25  graduate within 2 years, or if the recipient graduates but,

26  within the first 5 years after graduation, does not fulfill

27  the required employment as a teacher in a public school in

28  this state, the fellowship recipient must repay the total

29  amount awarded, plus annual interest of 8 percent.

30         (a)  Interest begins accruing the first day of the 13th

31  month after the fourth anniversary of the month in which the

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  1  recipient receives a baccalaureate degree, or after the month

  2  in which enrollment as a full-time student is terminated.

  3  Interest does not accrue during any period of deferment or

  4  eligible teaching service.

  5         (b)  The repayment period begins the first day of the

  6  13th month after the month in which the fourth anniversary of

  7  college graduation occurs or after the month in which

  8  enrollment as a full-time student is terminated.

  9         (c)  The terms and conditions of the fellowship

10  repayment must be contained in both a promissory note and a

11  repayment schedule. The loan must be paid within 10 years

12  after the date of graduation or termination of full-time

13  enrollment, including any periods of deferment. A shorter

14  repayment period may be granted. The minimum monthly repayment

15  is $50 or the unpaid balance, unless otherwise approved,

16  except that the monthly payment may not be less than the

17  accruing interest. The recipient may prepay all or any part of

18  the scholarship without penalty.

19         (d)  The holder of the promissory note may grant a

20  deferment of repayment for a recipient who is unable to secure

21  a teaching position that would qualify as repayment, who

22  becomes disabled, or who experiences other hardships. Such a

23  deferment may be granted for a total of 24 months and may not

24  exceed 12 consecutive months.

25         (6)  All funds appropriated to or otherwise received by

26  the Student Fellowship Program for scholarships, all funds

27  received as repayment of scholarship loans, and all interest

28  earned on these funds must be placed in a revolving fund

29  within the State Student Financial Assistance Trust Fund.

30  Notwithstanding the provisions of s. 216.301, and pursuant to

31  s. 216.351, any balance in the fund at the end of any fiscal

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  1  year which has been allocated to the Student Fellowship

  2  Program must remain in the fund and will be available for

  3  carrying out the purposes of this section. With the prior

  4  approval of the Legislature in the General Appropriations Act,

  5  the revolving fund may also be used for campus and summer

  6  program support and costs relating to disbursement of awards

  7  and the collection of loan repayments.

  8         (7)  This section shall be implemented to the extent

  9  specifically funded in the General Appropriations Act.

10         Section 54.  Subsections (2) and (3) of section

11  231.625, Florida Statutes, are amended to read:

12         231.625  Teacher recruitment and retention.--

13         (2)  The Department of Education shall establish a

14  teacher recruitment and retention services office which shall:

15         (a)  Advertise teacher positions in targeted states.

16         (b)  Advertise in major newspapers, national

17  professional publications, and other professional publications

18  and in schools of education.

19         (c)  Utilize state and nationwide toll-free numbers.

20         (d)  Develop standardized resumes for teacher applicant

21  data.

22         (e)  Conduct periodic communications with district

23  personnel directors regarding applicants.

24         (f)  Provide district access to the applicant database

25  by computer or telephone.

26         (g)  Develop and distribute promotional materials

27  related to teaching as a career.

28         (h)  Publish and distribute information pertaining to

29  employment opportunities, application procedures, teacher

30  certification, and teacher salaries.

31

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  1         (i)  Provide information related to alternative

  2  certification procedures.

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

  4  America Program throughout the state.

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

  6  districts incentives for attracting teachers to this state.

  7         (3)  The Department of Education Office of Teacher

  8  Recruitment and Retention Services, in cooperation with

  9  district personnel offices, shall sponsor a job fair in a

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

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

12  state.

13         Section 55.  Subsections (2) and (4) of section

14  231.6255, Florida Statutes, are amended to read:

15         231.6255  Christa McAuliffe Ambassador for Education

16  Program.--

17         (2)  There is established The Christa McAuliffe

18  Ambassador for Education Program is established to provide

19  salary, travel, and other related expenses annually for an

20  outstanding Florida teacher to promote the positive aspects of

21  teaching as a career.  The goals of the program are to:

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

23  profession.

24         (b)  Promote the importance of quality education and

25  teaching for our future.

26         (c)  Inspire and attract talented people to become

27  teachers.

28         (d)  Provide information regarding Florida's

29  scholarship and loan programs related to teaching.

30         (e)  Promote the teaching profession within community

31  and business groups.

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  1         (f)  Provide information to retired military personnel

  2  and other individuals who might consider teaching as a second

  3  career.

  4         (g)  Work with and represent the Department of

  5  Education Office of Teacher Recruitment and Retention

  6  Services, as needed.

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

  8  district teachers of the year.

  9         (i)  Support the activities of the Florida Future

10  Educator of America Program.

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

12  education, and other conferences and meetings.

13         (k)  Promote the teaching profession in other ways

14  related to the teaching responsibilities, background

15  experiences, and aspirations of the Ambassador for Education.

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

17  Teacher Recruitment and Retention Services shall administer

18  the program.

19         (a)(b)  The Commissioner of Education shall pay an

20  annual salary, fringe benefits, travel costs, and other costs

21  associated with administering the program.

22         (b)(c)  The Ambassador for Education shall serve for 1

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

24  returning to his or her teaching position upon completion of

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

26  creditable or continuous service or employment for the period

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

28         Section 56.  Paragraph (a) of subsection (2) and

29  subsections (1) and (4) of section 231.63, Florida Statutes,

30  are amended to read:

31         231.63  Florida Educator Hall of Fame.--

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  1         (1)  The Florida Educator Hall of Fame is established

  2  It is the intent of the Legislature to recognize and honor

  3  those persons, living or dead, who have made significant

  4  contributions to education in this state.

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

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

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

  8  Building.

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

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

11  Hall of Fame. Thereafter, The Commissioner of Education shall

12  name no more than four members to the Florida Educator Hall of

13  Fame in any 1 year.

14         Section 57.  Section 231.65, Florida Statutes, is

15  repealed.

16         Section 58.  Section 231.67, Florida Statutes, is

17  amended to read:

18         (Substantial rewording of section. See

19         s. 231.67, F.S., for present text.)

20         231.67  The Florida Teachers Lead Program Stipend.--

21         (1)  Funding for the Florida Teachers Lead Program

22  Stipend shall be as determined by the Legislature in the

23  General Appropriations Act. Funds appropriated for the Florida

24  Teachers Lead Program Stipend are provided to purchase

25  classroom materials and supplies used in the instruction of

26  students in kindergarten through grade 12 of the public school

27  system. From the funds appropriated, the Commissioner of

28  Education shall calculate an amount for each school district

29  by prorating the total of each school district's share of the

30  total K-12 unweighted FTE student enrollment.

31

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  1         (2)  From the funds allocated to each district, the

  2  district school board shall calculate an identical amount for

  3  each classroom teacher which is his or her proportionate share

  4  of the amount allocated to the district for the total number

  5  of teachers in the district. The district school board shall

  6  provide the funds no later than September 30 of each year

  7  directly to each teacher as a stipend to purchase, on behalf

  8  of the school district, classroom materials and supplies to be

  9  used in the instruction of students assigned to the teacher.

10  Each teacher shall have sole discretion regarding which

11  classroom materials and supplies best meet the needs of the

12  students, when they are needed, and where they are acquired.

13  The funds expended by individual teachers shall not be subject

14  to state or local competitive bidding requirements.

15  Disbursement of Florida Teachers Lead Program Stipend funds

16  directly to each teacher shall complete the school district's

17  expenditure of these funds.

18         (3)  Each teacher shall sign a statement acknowledging

19  receipt of the funds, agreeing to keep receipts to show the

20  expenditure of the funds used to purchase classroom materials

21  and supplies for use in the instruction of the students

22  assigned to them, and agreeing to return any unused funds by

23  the end of the regular school year. The statement to be signed

24  and dated by each teacher for receipt of the Florida Teachers

25  Lead Program Stipend shall include the wording: "I, ...(Name

26  of teacher)..., am employed by the .... County District School

27  Board as a full-time classroom teacher. I acknowledge that

28  Florida Teachers Lead Program Stipend funds are appropriated

29  by the Legislature for the sole purpose of purchasing

30  classroom materials and supplies to be used in the instruction

31  of students assigned to me. In accepting custody of these

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  1  funds, I agree to keep receipts for all expenditures. I

  2  understand that if I do not keep receipts showing these funds

  3  were spent to purchase classroom materials and supplies for

  4  use with my students, it will be my personal responsibility to

  5  pay any federal taxes due on these funds. I also agree to

  6  return any unused funds to the district school board at the

  7  end of the regular school year for deposit into the School

  8  Advisory Council account of the school at which I was employed

  9  at the time of the receipt of the funds."

10         (4)  Florida Teachers Lead Program Stipend funds shall

11  be provided to each teacher in addition to any other funds

12  appropriated for public school operations.

13         (5)  Any unused funds which are returned to the

14  district school board shall be deposited into the School

15  Advisory Council account of the school at which the teacher

16  returning the funds was employed at the time of the receipt of

17  the funds.

18         (6)  For purposes of this section, the term "classroom

19  teacher" includes certified teachers employed on or before

20  September 1 of each year whose full-time job responsibility is

21  the classroom instruction of students in kindergarten through

22  grade 12, and full-time media specialists and guidance

23  counselors who serve students in kindergarten through grade

24  12. Only school district personnel employed in these positions

25  are eligible for the classroom materials and supply stipend

26  from funds appropriated to implement the provisions of this

27  section.

28         Section 59.  Section 231.700, Florida Statutes, is

29  created to read:

30         231.700  Florida Mentor Teacher School Pilot Program.--

31

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  1         (1)  The Legislature recognizes that high-quality

  2  teachers are essential to assuring excellence and increasing

  3  the achievement levels of all students. The purpose of this

  4  section is to provide a model to reform and improve the

  5  current structure of the teaching profession. There is created

  6  a Florida Mentor Teacher School Pilot Program to attract,

  7  retain, and motivate high-quality teachers. The program shall

  8  be implemented in up to 400 pilot schools by the 2001-2002

  9  school year. The pilot schools shall be selected by the

10  Commissioner of Education no later than July 1, 2001. The

11  commissioner shall select a combination of elementary, middle,

12  and high schools representing small, medium, and large

13  districts. Each approved school shall receive a $50,000 grant.

14  Each mentor teacher school program shall be approved based on

15  criteria specified by the commissioner.

16         (2)  The goals of the Florida Mentor Teacher School

17  Pilot Program are to:

18         (a)  Provide teachers with multiple career paths,

19  beginning as education paraprofessionals and rising to

20  associate teachers, teachers, lead teachers, and mentor

21  teachers. The five levels must have highly differentiated

22  duties. The mentor teacher shall have a reduced teaching

23  schedule that permits weekly instruction to all students under

24  the mentor teacher's supervision while also allowing for

25  demonstration lessons, coaching, facilitating curriculum

26  development, and providing staff development for other

27  teachers at the school.

28         (b)  Establish broad salary ranges to provide

29  flexibility and to reward performance and to negotiate

30  salaries to attract teachers to hard-to-staff schools and

31  subjects. Advancement shall be determined by academic

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  1  achievement, examination, demonstration, and student learning

  2  gains data. Each mentor teacher shall be eligible for a total

  3  annual salary incentive of up to twice the average district

  4  classroom teacher's salary. Fifty percent of the mentor

  5  teacher salary incentive shall be based on increased student

  6  achievement of students assigned to the supervision of the

  7  mentor teacher.

  8         (c)  Provide ongoing professional development for

  9  teachers to learn and grow professionally that includes a

10  daily block of time for associate teachers, teachers, and lead

11  teachers to reflect and plan and to interact with the mentor

12  teacher.

13         (d)  Provide all eligible teachers with the opportunity

14  for national certification.

15         (e)  Provide for a specified organizational pattern,

16  such as clusters or teams of teachers for grade levels or

17  subject areas comprised of associate teachers, teachers, and

18  lead teachers who are supported by education paraprofessional

19  learning guides and directed by a mentor teacher.

20         (3)  The five teacher career development positions and

21  minimum requirements are:

22         (a)  Education paraprofessional learning guide.--An

23  education paraprofessional learning guide must hold an

24  associate degree from an institution of higher learning and

25  must demonstrate appropriate writing, speaking, and

26  computation skills.

27         (b)  Associate teacher.--An associate teacher must hold

28  a bachelor's degree from an institution of higher learning and

29  a valid Florida professional teaching certificate as provided

30  by s. 231.17.

31

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  1         (c)  Teacher.--A teacher must hold a bachelor's degree

  2  or higher from an institution of higher learning and a valid

  3  Florida professional teaching certificate, have a minimum of 3

  4  years' full-time teaching experience, document satisfactory

  5  teaching performance, and document evidence of positive

  6  student learning gains, when that data becomes available.

  7         (d)  Lead teacher.--A lead teacher must hold a

  8  bachelor's degree or higher from an institution of higher

  9  learning and a valid Florida professional teaching

10  certificate, have a minimum of 3 years' full-time teaching

11  experience, document exemplary teaching performance, and

12  document evidence of significant positive student learning

13  gains, when that data becomes available. A lead teacher shall

14  provide intensive support for associate teachers and teachers.

15         (e)  Mentor teacher.--A mentor teacher must hold a

16  bachelor's degree or higher from an institution of higher

17  learning and a valid Florida professional teaching

18  certificate; have a minimum of 5 years' full-time teaching

19  experience; document exemplary teaching performance; document

20  evidence of significant positive student learning gains, when

21  that data becomes available; hold a valid National Board for

22  Professional Teaching Standards certificate; have been

23  selected as a school, district, or state teacher of the year,

24  or hold an equivalent status as determined by the

25  commissioner; and demonstrate expertise as a staff developer.

26         (4)  The Commissioner of Education may adopt rules,

27  pursuant to ss. 120.536(1) and 120.54, for the implementation

28  of this section and approval of the mentor teacher school

29  program.

30         (5)  This section shall be implemented to the extent

31  specifically funded in the General Appropriations Act.

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  1         Section 60.  Paragraph (m) of subsection (1) and

  2  subsection (3) of section 236.081, Florida Statutes, are

  3  amended to read:

  4         236.081  Funds for operation of schools.--If the annual

  5  allocation from the Florida Education Finance Program to each

  6  district for operation of schools is not determined in the

  7  annual appropriations act or the substantive bill implementing

  8  the annual appropriations act, it shall be determined as

  9  follows:

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

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

12  determining the annual allocation to each district for

13  operation:

14         (m)  Calculation of additional full-time equivalent

15  membership based on college board advanced placement scores of

16  students.--A value of 0.24 full-time equivalent student

17  membership shall be calculated for each student in each

18  advanced placement course who receives a score of 3 or higher

19  on the College Board Advanced Placement Examination for the

20  prior year and added to the total full-time equivalent student

21  membership in basic programs for grades 9 through 12 in the

22  subsequent fiscal year. Each district must allocate at least

23  80 percent of the funds provided to the district appropriated

24  for advanced placement instruction, in accordance with this

25  paragraph, to the high school that generates the funds. The

26  school district shall distribute to each classroom teacher who

27  provided advanced placement instruction:

28         1.  A bonus in an amount equal to 20 percent of the

29  funds generated by his or her students according to this

30  paragraph, for those teachers who provided advanced placement

31  instruction in a school that was designated as school

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  1  performance grade category "A," "B," or "C" during the

  2  previous school year, pursuant to s. 229.57.

  3         2.  A bonus in an amount equal to 30 percent of the

  4  funds generated by his or her students according to this

  5  paragraph, for those teachers who provided advanced placement

  6  instruction in a school that was designated as school

  7  performance category grade "D" or "F" during the previous

  8  school year, pursuant to s. 229.57.

  9

10  A bonus awarded to a teacher according to this paragraph shall

11  be in addition to any regular wage or other bonus the teacher

12  has received or is scheduled to receive.

13         (3)  INSERVICE EDUCATIONAL PERSONNEL TRAINING

14  EXPENDITURE.--Of the amount computed in subsections (1) and

15  (2), a percentage of the base student allocation per full-time

16  equivalent student shall be expended for educational training

17  programs as determined by the district school board as

18  provided in s. 231.600 236.0811. This percentage shall remain

19  constant and shall be calculated by dividing $6 by the

20  1990-1991 base student allocation. At least two-thirds of the

21  funds so determined shall be expended as provided in s.

22  231.600, and such funds may be used for implementation of the

23  demonstration of professional education competence program as

24  provided in s. 231.17.  Funds as provided herein may be

25  expended only for the direct support of inservice training

26  activities as prescribed below:

27         (a)  Salaries and benefits of:

28         1.  Personnel directly administering the approved

29  inservice training program.

30         2.  School board employees while such personnel are

31  conducting an approved inservice training program.

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  1         3.  Substitutes for personnel released to participate

  2  in an approved inservice training program or an inservice

  3  council activity.

  4         (b)  Other direct operating expenses, excluding capital

  5  outlay, required for administering the approved inservice

  6  training program, including, but not limited to, the

  7  following:

  8         1.  Inservice training materials for approved inservice

  9  training activities.

10         2.  Data processing for approved inservice training

11  activities.

12         3.  Telephone for the approved inservice training

13  program.

14         4.  Office supplies for the personnel administering the

15  approved inservice training program.

16         5.  Duplicating and printing for approved inservice

17  training activities.

18         6.  Fees and travel and per diem expenses for

19  consultants used in conducting approved inservice training

20  activities.

21         7.  Travel and per diem expenses for school district

22  personnel attending approved inservice conferences, workshops,

23  or visitations to schools.

24         8.  Rental of facilities not owned by the school board

25  for use in conducting an approved inservice training program.

26         (c)  Compensation may be awarded under this subsection

27  to employees engaged in inservice training activities which

28  are outside of, or in addition to, regular hours of duty

29  assignments or a regular day of a contract period for which

30  regular compensation is provided.  No moneys shall be

31  authorized under this subsection for additional salaries and

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  1  benefits constituting dual compensation to employees

  2  participating in inservice activities if such activities are

  3  within regular hours of duty assignments or within a regular

  4  day of a contract period for which regular compensation is

  5  provided.

  6         (d)  Funds may be expended to pay tuition or

  7  registration fees for college courses provided the course is

  8  identified in the district's approved master plan and the

  9  employee does not receive college credit. However, an employee

10  may be awarded college credit for successful participation in

11  exempted inservice programs that are identified by the

12  Department of Education in State Board of Education rule and

13  for which the employee shall pay the regular tuition and

14  registration fees assessed by the credit-granting institution.

15  Courses for these exempted programs shall be arranged and

16  conducted in compliance with procedures that are developed

17  cooperatively by the Department of Education and the Board of

18  Regents and are also included in State Board of Education

19  rule. Provision for payment of tuition and registration fees

20  for such credit-earning courses shall be contained in State

21  Board of Education rule.

22         Section 61.  Paragraphs (a) and (d) of subsection (2)

23  of section 236.08106, Florida Statutes, are amended to read:

24         236.08106  Excellent Teaching Program.--

25         (2)  The Excellent Teaching Program is created to

26  provide categorical funding for monetary incentives and

27  bonuses for teaching excellence. The Department of Education

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

29  amount as prescribed annually by the Legislature for the

30  Excellent Teaching Program. For purposes of this section, the

31  Florida School for the Deaf and the Blind shall be considered

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  1  a school district. Unless otherwise provided in the General

  2  Appropriations Act, each distribution shall be the sum of the

  3  amounts earned for the following incentives and bonuses:

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

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

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

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

  8  demonstrated satisfactory teaching performance pursuant to s.

  9  231.29 and who satisfies the prerequisites for participating

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

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

12  to participate in the NBPTS certification program during the

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

14  subsidy for each eligible participant shall be an amount equal

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

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

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

18  may not be duplicated for any individual.

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

20  fiscal year's statewide average salary for classroom teachers

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

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

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

24  of mentoring and related services to public school teachers

25  within the state district who do not hold NBPTS certification.

26  The district school board shall distribute the annual bonus in

27  a single payment following the completion of all required

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

29  intent of the Legislature to remove excellent teachers from

30  their assigned classrooms; therefore, credit may not be

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

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  1  related services provided during the regular school day or

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

  3

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

  5  who does not complete the certification program or does not

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

  7  after completing the certification program must repay the

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

  9  teacher who completes the certification program but fails to

10  be awarded NBPTS certification is not required to repay the

11  amount of the certification fee if the teacher meets the

12  1-year teaching requirement. Repayment is not required of a

13  teacher who does not complete the certification program or

14  fails to fulfill the teaching requirement because of the

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

16  circumstances as determined by the State Board of Education.

17         Section 62.  Section 236.0811, Florida Statutes, is

18  repealed.

19         Section 63.  Subsections (1), (2), and (10), paragraph

20  (a) of subsection (3), and paragraphs (b), (e), and (f) of

21  subsection (4) of section 240.529, Florida Statutes, are

22  amended to read:

23         240.529  Public accountability and state approval for

24  teacher preparation programs.--

25         (1)  INTENT.--The Legislature recognizes that skilled

26  teachers make an important contribution to a system that

27  allows students to obtain a high-quality education. The intent

28  of the Legislature is to establish a system for development

29  and approval of teacher preparation programs that will free

30  postsecondary teacher preparation institutions to employ

31  varied and innovative teacher preparation techniques while

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  1  being held accountable for producing graduates with the

  2  competencies and skills necessary to achieve the state

  3  education goals; help the state's diverse student population,

  4  including students with limited English proficiency, students

  5  meet high standards for academic achievement; maintain safe,

  6  secure classroom learning environments; and sustain the state

  7  system of school improvement and education accountability

  8  established pursuant to ss. 229.591 and 229.592. To further

  9  this intent, the Commissioner of Education shall appoint a

10  Teacher Preparation Program Committee for the purpose of

11  establishing core curricula in each state-approved teacher

12  preparation program.  The committee shall consist of

13  representatives from presidents of public and private colleges

14  and universities, deans of colleges of education, presidents

15  of community colleges, district school superintendents, and

16  high-performing teachers.  The curricula shall be focused on

17  the knowledge, skills, and abilities essential to instruction

18  in the Sunshine State Standards, with a clear emphasis on the

19  importance of reading at all grade levels.  The committee

20  shall report its recommendations to the State Board of

21  Education by January 1, 2000, and at that time may be

22  dissolved. The State Board of Education shall adopt rules

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

24  core curricula for each state-approved teacher preparation

25  program and shall use this report in the development of such

26  rules.

27         (2)  DEVELOPMENT OF TEACHER PREPARATION PROGRAMS.--A

28  system developed by the Department of Education in

29  collaboration with institutions of higher education shall

30  assist departments and colleges of education in the

31  restructuring of their programs to meet the need for producing

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  1  quality teachers now and in the future. The system must be

  2  designed to assist teacher educators in conceptualizing,

  3  developing, implementing, and evaluating programs that meet

  4  state-adopted standards. The Education Standards Commission

  5  has primary responsibility for recommending these standards to

  6  the State Board of Education for adoption. These standards

  7  shall emphasize quality indicators drawn from research,

  8  professional literature, recognized guidelines, Florida

  9  essential teaching competencies and educator-accomplished

10  practices, effective classroom practices, and the outcomes of

11  the state system of school improvement and education

12  accountability, as well as performance measures. Departments

13  and colleges of education shall emphasize make every attempt

14  to secure priority funding for teacher preparation programs

15  and courses emphasizing the state system of school improvement

16  and education accountability concepts and standards, including

17  Sunshine State Standards. State-approved teacher preparation

18  programs must incorporate appropriate English for Speakers of

19  Other Languages instruction so that program graduates will

20  have completed the requirements for teaching limited English

21  proficient students in Florida public schools.

22         (3)  INITIAL STATE PROGRAM APPROVAL.--

23         (a)  A program approval process based on standards

24  adopted pursuant to subsection (2) must be established for

25  postsecondary teacher preparation programs, phased in

26  according to timelines determined by the Department of

27  Education, and fully implemented for all teacher preparation

28  programs in the state. Each program shall be approved choose

29  one of the following options:

30         1.  An approval process that incorporates those

31  provisions and requirements necessary for recognition by the

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  1  National Council for the Accreditation of Teacher Education

  2  and that provides for joint accreditation and program approval

  3  review by the state and the National Council for the

  4  Accreditation of Teacher Education for those units seeking

  5  initial or continuing accreditation. The approval process must

  6  be consistent with the intent set forth in subsection (1); or

  7         2.  An alternative program approval process developed

  8  by the department,. This alternative approval process must be

  9  consistent with the intent set forth in subsection (1) and

10  based primarily upon significant, objective, and quantifiable

11  graduate performance measures. This approval process may not

12  be based on National Council for the Accreditation of Teacher

13  Education provisions and requirements.

14

15  For purposes of this section, the term "unit" is defined by

16  the National Association for the Accreditation of Teacher

17  Education and means the college, school, department, or other

18  administrative body within the institution that is primarily

19  responsible for the preparation of teachers and other

20  professional education personnel.  The term "program" is

21  defined by the State Board of Education and means a set of

22  courses, activities, or other experiences designed to help

23  individuals develop the competencies required for a specified

24  type of certification coverage.

25         (4)  CONTINUED PROGRAM APPROVAL.--Notwithstanding

26  subsection (3), failure by a public or nonpublic teacher

27  preparation program to meet the criteria for continued program

28  approval shall result in loss of program approval. The

29  Department of Education, in collaboration with the departments

30  and colleges of education, shall develop procedures for

31

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  1  continued program approval which document the continuous

  2  improvement of program processes and graduates' performance.

  3         (b)  Additional criteria for continued program approval

  4  for public institutions may be developed by the Education

  5  Standards Commission and approved by the State Board of

  6  Education. Such criteria must emphasize instruction in outcome

  7  measures of student performance in the areas of classroom

  8  management and must provide for the evaluation of the teacher

  9  candidates' performance in this area. The criteria shall also

10  require instruction in working with underachieving students.

11  improving the performance of students who have traditionally

12  failed to meet student achievement goals and have been

13  overrepresented in school suspensions and other disciplinary

14  actions, and Program evaluation procedures must include, but

15  are need not be limited to, program graduates' satisfaction

16  with instruction training and the program's unit's

17  responsiveness to local school districts. Additional criteria

18  for continued program approval for nonpublic institutions

19  shall be developed in the same manner as for public

20  institutions; however, such criteria must be based upon

21  significant, objective, and quantifiable graduate performance

22  measures. Responsibility for collecting data on outcome

23  measures through survey instruments and other appropriate

24  means shall be shared by the institutions of higher education,

25  the Board of Regents, the State Board of Independent Colleges

26  and Universities, and the Department of Education. By January

27  1 of each year, the Department of Education, in cooperation

28  with the Board of Regents and the State Board of Independent

29  Colleges and Universities, shall report this information for

30  each postsecondary institution that has state-approved

31  programs of teacher education to the Governor, the

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  1  Commissioner of Education, the Chancellor of the State

  2  University System, the President of the Senate, the Speaker of

  3  the House of Representatives, all Florida postsecondary

  4  teacher preparation programs, and interested members of the

  5  public. This report must analyze the data and make

  6  recommendations for improving teacher preparation programs in

  7  the state.

  8         (e)  Beginning July 1, 2000, continued approval of

  9  teacher preparation programs is contingent upon compliance

10  with the student admission requirements of subsection (3) and

11  upon the receipt of at least a satisfactory rating from public

12  schools and nonpublic schools that employ graduates of the

13  program. Employer satisfaction shall be determined by an

14  annually administered survey instrument approved by the

15  Department of Education that, at a minimum, must include

16  employer satisfaction of the graduates' ability to do the

17  following:

18         1.  Write and speak in a logical and understandable

19  style with appropriate grammar.

20         2.  Recognize signs of students' difficulty with the

21  reading and computational process and apply appropriate

22  measures to improve students' reading and computational

23  performance.

24         3.  Use and integrate appropriate technology in

25  teaching and learning processes.

26         4.  Demonstrate knowledge and understanding of Sunshine

27  State Standards.

28         (f)1.  Beginning with the 2000-2001 academic year, each

29  Florida public and private institution that offers a

30  state-approved teacher preparation program in this state must

31  annually report information regarding these programs to the

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  1  state and the general public. This information shall be

  2  reported in a uniform and comprehensible manner that conforms

  3  with definitions and methods proposed by the Education

  4  Standards Commission, that is consistent with definitions and

  5  methods approved by the Commissioner of the National Center

  6  for Educational Statistics, and that is approved by the State

  7  Board of Education. Beginning with the 2001-2002 academic

  8  year, this information must include, at a  minimum:

  9         a.  The percent of graduates obtaining full-time

10  teaching employment within the first year of graduation.

11         b.  The average length of stay of graduates in their

12  full-time teaching positions.

13         c.  Satisfaction ratings required in paragraph (e).

14         2.  Beginning with the 2001-2002 academic year, each

15  public and private institution offering training for school

16  readiness-related professions, including training in the

17  fields of child care and early childhood education, whether

18  offering vocational credit, associate in science degree

19  programs, or associate in arts degree programs, shall annually

20  report information regarding these programs to the state and

21  the general public in a uniform and comprehensible manner that

22  conforms with definitions and methods proposed by the

23  Education Standards Commission. This information must include,

24  at a minimum:

25         a.  Average length of stay of graduates in their

26  positions.

27         b.  Satisfaction ratings of graduates' employers.

28

29  This information shall be reported through publications,

30  including such as college and university catalogs and

31  promotional materials sent to potential applicants, secondary

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  1  school guidance counselors, and prospective employers of the

  2  institution's program graduates.

  3         (10)  RULES.--The State Board of Education shall adopt

  4  necessary rules pursuant to ss. 120.536(1) and 120.54 to

  5  implement this section.

  6         Section 64.  This act shall take effect July 1, 2000.

  7

  8            *****************************************

  9                          HOUSE SUMMARY

10
      Creates the "Educators Developing Unequaled Competence
11    Act: Teaching Excellence 2000" or "EDUCATE 2000." See
      bill for details.
12

13

14
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15
                         ADDITIONAL SPONSORS
16
    Peaden, Gay, Alexander, Dockery, Lacasa, Bronson, Cantens,
17  Kelly, Sorensen, Tullis, J. Miller, Chestnut, Brummer, Ryan
    and Spratt
18

19

20

21

22

23

24

25

26

27

28

29

30

31

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