House Bill hb1193e1

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                                    CS/CS/HB 1193, First Engrossed



  1                      A bill to be entitled

  2         An act relating to education; amending s.

  3         121.091, F.S.; eliminating the requirement that

  4         certain instructional personnel make an

  5         election to participate in the Deferred

  6         Retirement Option Program within 12 months

  7         after reaching normal retirement date; amending

  8         s. 228.041, F.S.; revising the definition of

  9         "other instructional staff" to include adjunct

10         educators; amending s. 230.23, F.S.;

11         authorizing a review by a principal prior to

12         reassigning a teacher; deleting provisions

13         relating to salary supplements provided to

14         teachers selected to teach at certain

15         low-performing schools; amending s. 231.095,

16         F.S.; revising provisions relating to

17         assignment of teaching duties out-of-field;

18         amending s. 231.096, F.S.; requiring assistance

19         in accessing resources for teachers teaching

20         out-of-field; amending s. 231.15, F.S.;

21         deleting provision of part-time certificate for

22         athletic coach; creating an athletic coaching

23         certificate; amending s. 231.17, F.S.;

24         authorizing continued employment under

25         specified circumstances; authorizing the use of

26         an approved alternative certification program

27         by a school district other than the school

28         district that developed the program, upon

29         notification to the department and approval of

30         any modifications; creating s. 231.1726, F.S.;

31         providing for certification of adjunct


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                                    CS/CS/HB 1193, First Engrossed



  1         educators; amending s. 231.262, F.S.; requiring

  2         each district school board to develop policies

  3         and procedures relating to the reporting of

  4         complaints against teachers and administrators;

  5         providing criteria for policies and procedures;

  6         charging the superintendent of schools with

  7         knowledge of such policies and procedures;

  8         specifying conditions for penalty against

  9         superintendent; authorizing the temporary

10         suspension of a teaching certificateholder

11         pending the completion of proceedings in order

12         to protect the health, safety, and welfare of

13         students; correcting cross references to

14         conform; amending s. 231.36, F.S.; including

15         adjunct educators in provisions relating to

16         contracts with instructional staff; requiring a

17         school board to recognize and accept years of

18         satisfactory performance for purposes of pay;

19         providing an exemption; amending s. 231.6135,

20         F.S.; exempting regional educational consortia

21         from certain requirements to become eligible

22         for grants to create professional development

23         academies; amending s. 231.625, F.S.; requiring

24         the Department of Education to develop and

25         implement a system for posting teaching

26         vacancies, establish a database of teacher

27         applicants, develop a long-range plan for

28         educator recruitment and retention, identify

29         best practices for retaining high quality

30         teachers, and develop a plan in consultation

31         with Workforce Florida, Inc., and the Agency


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                                    CS/CS/HB 1193, First Engrossed



  1         for Workforce Innovation for teacher

  2         recruitment and retention; deleting

  3         requirements that the department develop

  4         standardized resumes for teacher applicant data

  5         and review and recommend to the Legislature and

  6         school districts incentives for attracting

  7         teachers to Florida; amending s. 231.700, F.S.;

  8         revising the Florida Mentor Teacher School

  9         Pilot Program to conform terminology;

10         clarifying requirements for mentor teachers;

11         amending s. 236.08106, F.S.; clarifying

12         requirements relating to the amount of required

13         mentoring or related services for receipt of an

14         Excellent Teaching Program bonus; amending s.

15         231.261, F.S.; correcting a cross reference;

16         amending ss. 230.2305, 231.045, 231.1725,

17         231.471, and 232.435, F.S., relating to

18         standards for staff of prekindergarten early

19         intervention programs, periodic criminal

20         history record checks, and employment of

21         specified teachers, part-time teachers, and

22         athletic trainers; revising provisions to

23         include adjunct educators; amending s. 240.529,

24         F.S.; establishing teacher education pilot

25         programs for high-achieving students; providing

26         an effective date.

27

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

29

30         Section 1.  Paragraph (a) of subsection (13) of section

31  121.091, Florida Statutes, is amended to read:


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                                    CS/CS/HB 1193, First Engrossed



  1         121.091  Benefits payable under the system.--Benefits

  2  may not be paid under this section unless the member has

  3  terminated employment as provided in s. 121.021(39)(a) or

  4  begun participation in the Deferred Retirement Option Program

  5  as provided in subsection (13), and a proper application has

  6  been filed in the manner prescribed by the department. The

  7  department may cancel an application for retirement benefits

  8  when the member or beneficiary fails to timely provide the

  9  information and documents required by this chapter and the

10  department's rules. The department shall adopt rules

11  establishing procedures for application for retirement

12  benefits and for the cancellation of such application when the

13  required information or documents are not received.

14         (13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general,

15  and subject to the provisions of this section, the Deferred

16  Retirement Option Program, hereinafter referred to as the

17  DROP, is a program under which an eligible member of the

18  Florida  Retirement System may elect to participate, deferring

19  receipt of retirement benefits while continuing employment

20  with his or her Florida Retirement System employer.  The

21  deferred monthly benefits shall accrue in the System Trust

22  Fund on behalf of the participant, plus interest compounded

23  monthly, for the specified period of the DROP participation,

24  as provided in paragraph (c).  Upon termination of employment,

25  the participant shall receive the total DROP benefits and

26  begin to receive the previously determined normal retirement

27  benefits. Participation in the DROP does not guarantee

28  employment for the specified period of DROP.

29         (a)  Eligibility of member to participate in the

30  DROP.--All active Florida Retirement System members in a

31  regularly established position, and all active members of


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                                    CS/CS/HB 1193, First Engrossed



  1  either the Teachers' Retirement System established in chapter

  2  238 or the State and County Officers' and Employees'

  3  Retirement System established in chapter 122 which systems are

  4  consolidated within the Florida Retirement System under s.

  5  121.011, are eligible to elect participation in the DROP

  6  provided that:

  7         1.  The member is not a renewed member of the Florida

  8  Retirement System under s. 121.122, or a member of the State

  9  Community College System Optional Retirement Program under s.

10  121.051, the Senior Management Service Optional Annuity

11  Program under s. 121.055, or the optional retirement program

12  for the State University System under s. 121.35.

13         2.  Except as provided in subparagraph 6., election to

14  participate is made within 12 months immediately following the

15  date on which the member first reaches normal retirement date,

16  or, for a member who reaches normal retirement date based on

17  service before he or she reaches age 62, or age 55 for Special

18  Risk Class members, election to participate may be deferred to

19  the 12 months immediately following the date the member

20  attains 57, or age 52 for Special Risk Class members. For a

21  member who first reached normal retirement date or the

22  deferred eligibility date described above prior to the

23  effective date of this section, election to participate shall

24  be made within 12 months after the effective date of this

25  section.  A member who fails to make an election within such

26  12-month limitation period shall forfeit all rights to

27  participate in the DROP. The member shall advise his or her

28  employer and the division in writing of the date on which the

29  DROP shall begin. Such beginning date may be subsequent to the

30  12-month election period, but must be within the 60-month

31  limitation period as provided in subparagraph (b)1. When


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                                    CS/CS/HB 1193, First Engrossed



  1  establishing eligibility of the member to participate in the

  2  DROP for or the 60-month maximum participation period, the

  3  member may elect to include or exclude any optional service

  4  credit purchased by the member from the total service used to

  5  establish the normal retirement date. A member with dual

  6  normal retirement dates shall be eligible to elect to

  7  participate in DROP within 12 months after attaining normal

  8  retirement date in either class.

  9         3.  The employer of a member electing to participate in

10  the DROP, or employers if dually employed, shall acknowledge

11  in writing to the division the date the member's participation

12  in the DROP begins and the date the member's employment and

13  DROP participation will terminate.

14         4.  Simultaneous employment of a participant by

15  additional Florida Retirement System employers subsequent to

16  the commencement of participation in the DROP shall be

17  permissible provided such employers acknowledge in writing a

18  DROP termination date no later than the participant's existing

19  termination date or the 60-month limitation period as provided

20  in subparagraph (b)1.

21         5.  A DROP participant may change employers while

22  participating in the DROP, subject to the following:

23         a.  A change of employment must take place without a

24  break in service so that the member receives salary for each

25  month of continuous DROP participation.  If a member receives

26  no salary during a month, DROP participation shall cease

27  unless the employer verifies a continuation of the employment

28  relationship for such participant pursuant to s.

29  121.021(39)(b).

30

31


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                                    CS/CS/HB 1193, First Engrossed



  1         b.  Such participant and new employer shall notify the

  2  division on forms required by the division as to the identity

  3  of the new employer.

  4         c.  The new employer shall acknowledge, in writing, the

  5  participant's DROP termination date, which may be extended but

  6  not beyond the original 60-month period provided in

  7  subparagraph (b)1., shall acknowledge liability for any

  8  additional retirement contributions and interest required if

  9  the participant fails to timely terminate employment, and

10  shall be subject to the adjustment required in

11  sub-subparagraph (c)5.d.

12         6.  Effective July 1, 2001, for instructional personnel

13  as defined in s. 228.041(9)(a)-(d), election to participate in

14  the DROP shall be made at any time following the date on which

15  the member first reaches normal retirement date. The member

16  shall advise his or her employer and the division in writing

17  of the date on which the Deferred Retirement Option Program

18  shall begin. When establishing eligibility of the member to

19  participate in the DROP for the 60-month maximum participation

20  period, as provided in subparagraph (b)1., the member may

21  elect to include or exclude any optional service credit

22  purchased by the member from the total service used to

23  establish the normal retirement date. A member with dual

24  normal retirement dates shall be eligible to elect to

25  participate in either class.

26         Section 2.  Paragraph (d) of subsection (9) of section

27  228.041, Florida Statutes, is amended to read:

28         228.041  Definitions.--Specific definitions shall be as

29  follows, and wherever such defined words or terms are used in

30  the Florida School Code, they shall be used as follows:

31


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                                    CS/CS/HB 1193, First Engrossed



  1         (9)  INSTRUCTIONAL PERSONNEL.--"Instructional

  2  personnel" means any staff member whose function includes the

  3  provision of direct instructional services to students.

  4  Instructional personnel also includes personnel whose

  5  functions provide direct support in the learning process of

  6  students.  Included in the classification of instructional

  7  personnel are:

  8         (d)  Other instructional staff.--Other instructional

  9  staff are staff members who are part of the instructional

10  staff but are not classified in one of the categories

11  specified in paragraphs (a)-(c). Included in this

12  classification are primary specialists, learning resource

13  specialists, instructional trainers, adjunct educators

14  certified pursuant to s. 231.1726, and similar positions.

15         Section 3.  Paragraph (a) of subsection (5) and

16  paragraph (c) of subsection (16) of section 230.23, Florida

17  Statutes, are amended to read:

18         230.23  Powers and duties of school board.--The school

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

20  perform all duties listed below:

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

22  prescribe qualifications for those positions, and provide for

23  the appointment, compensation, promotion, suspension, and

24  dismissal of employees as follows, subject to the requirements

25  of chapter 231:

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

27  upon written recommendations submitted by the superintendent

28  of schools for positions to be filled and for minimum

29  qualifications for personnel for the various positions and act

30  upon written nominations of persons to fill such positions.

31  The superintendent of schools' recommendations for filling


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                                    CS/CS/HB 1193, First Engrossed



  1  instructional institutional positions at the school level must

  2  consider nominations received from school principals of the

  3  respective schools. Before transferring a teacher who holds a

  4  professional teaching certificate from one school to another,

  5  the superintendent shall consult with the principal of the

  6  receiving school and allow the principal to review the

  7  teacher's records and interview the teacher. If, in the

  8  judgment of the principal, students would not benefit from the

  9  placement, an alternative placement may be sought. The

10  district school board may reject for good cause any employee

11  nominated. If the third nomination by the superintendent of

12  schools for any position is rejected for good cause, if the

13  superintendent of schools fails to submit a nomination for

14  initial employment within a reasonable time as prescribed by

15  the district school board, or if the superintendent of schools

16  fails to submit a nomination for reemployment within the time

17  prescribed by law, the district school board may proceed on

18  its own motion to fill such position. The district school

19  board's decision to reject a person's nomination does not give

20  that person a right of action to sue over the rejection and

21  may not be used as a cause of action by the nominated

22  employee.

23         (16)  IMPLEMENT SCHOOL IMPROVEMENT AND

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

25  education accountability as provided by statute and State

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

27  education accountability shall be consistent with, and

28  implemented through, the district's continuing system of

29  planning and budgeting required by this section and ss.

30  229.555 and 237.041. This system of school improvement and

31


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                                    CS/CS/HB 1193, First Engrossed



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

  2  the following:

  3         (c)  Assistance and intervention.--

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

  5  assistance and intervention for each school in danger of not

  6  meeting state standards or making adequate progress, as

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

  8  toward meeting the goals and standards of its approved school

  9  improvement plan.

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

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

12  failing and must be provided assistance and intervention.

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

14  to encourage teachers with demonstrated mastery in improving

15  student performance to remain at or transfer to a school

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

17  alternative school that serves disruptive or violent youths.

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

19  meets the definition of teaching mastery developed according

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

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

22  to an alternative school that serves disruptive or violent

23  youths, the district school board shall make every practical

24  effort to grant the request.

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

26  full implementation of an annual assessment of learning gains,

27  a classroom teacher who is selected by the school principal

28  based on his or her performance appraisal and student

29  achievement data to teach at a school designated as

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

31  that serves disruptive or violent youths shall receive a


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                                    CS/CS/HB 1193, First Engrossed



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

  2  provided for annually in the General Appropriations Act, each

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

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

  5  serves disruptive or violent youths.

  6         c.  Beginning with the full implementation of an annual

  7  assessment of learning gains, a classroom teacher whose

  8  effectiveness has been proven based upon positive learning

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

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

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

12  provided for annually in the General Appropriations Act, each

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

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

15  serves disruptive or violent youths.

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

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

18  229.57(12). The supplement received under this paragraph shall

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

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

21         e.  The Commissioner of Education shall adopt rules to

22  determine the measures that define "teaching mastery" for

23  purposes of this subparagraph.

24         4.  District school boards are encouraged to prioritize

25  the expenditures of funds received from the supplemental

26  academic instruction categorical fund under s. 236.08104 to

27  improve student performance in schools that receive a

28  performance grade category designation of "D" or "F."

29         Section 4.  Section 231.095, Florida Statutes, is

30  amended to read:

31


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                                    CS/CS/HB 1193, First Engrossed



  1         231.095  Teachers assigned teaching duties outside

  2  field; notification requirements.--When a teacher in a

  3  district school system is assigned teaching duties in a class

  4  dealing with subject matter that is outside the field in which

  5  the teacher is certified, outside the field that was the

  6  applicant's minor field of study, or outside the field in

  7  which the applicant has demonstrated sufficient subject area

  8  expertise, as determined by district school board policy in

  9  the subject area to be taught, the parents or guardians of all

10  students in the class shall be notified in writing of such

11  assignment.

12         Section 5.  Section 231.096, Florida Statutes, is

13  amended to read:

14         231.096  Teacher teaching out-of-field;

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

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

17  and priority consideration in professional development

18  activities shall be given to teachers who are teaching

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

20  such teachers participate in a certification or staff

21  development program designed to provide the teacher with the

22  competencies required for the assigned duties. The

23  board-approved assistance plan must include duties of

24  administrative personnel and other instructional personnel to

25  provide students with high-quality instructional services.

26  Each district school board shall contact its regional

27  workforce board, created pursuant to s. 445.007, to identify

28  resources that may assist teachers who are teaching

29  out-of-field and who are pursuing certification.

30         Section 6.  Subsection (2) of section 231.15, Florida

31  Statutes, is amended to read:


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                                    CS/CS/HB 1193, First Engrossed



  1         231.15  Positions for which certificates required.--

  2         (2)  Each person who is employed and renders service as

  3  an athletic coach in any public school in any district of this

  4  state shall hold a valid part-time, temporary, or professional

  5  certificate or an athletic coaching certificate. The athletic

  6  coaching certificate may be used for either part-time or

  7  full-time positions. The provisions of this subsection do not

  8  apply to any athletic coach who voluntarily renders service

  9  and who is not employed by any public school district of this

10  state.

11         Section 7.  Subsection (6) and paragraph (b) of

12  subsection (7) of section 231.17, Florida Statutes, are

13  amended to read:

14         231.17  Teacher certification requirements.--

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

16         (a)  The Department of Education shall issue a

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

18  any applicant who meets all the requirements outlined in

19  subsection (2).

20         (b)  The department shall issue a temporary certificate

21  to any applicant who completes the requirements outlined in

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

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

24  content requirements specified in state board rule.

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

26  content requirements specified in state board rule or achieves

27  a passing score on the subject area examinations required by

28  state board rule.

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

30  temporary certificate and one nonrenewable 5-year professional

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


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

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

  3  impairment.

  4

  5  Each temporary certificate is valid for 3 school fiscal years

  6  and is nonrenewable. However, the requirement in paragraph

  7  (2)(g) must be met within 1 calendar year of the date of

  8  employment under the temporary certificate. Individuals who

  9  are employed under contract at the end of the 1 calendar year

10  time period may continue to be employed through the end of the

11  school year in which they have been contracted. A school

12  district shall not employ, or continue the employment of, an

13  individual in a position for which a temporary certificate is

14  required beyond this the 1 calendar year time period if the

15  individual who has not met the requirement of paragraph

16  (2)(g). The State Board of Education shall adopt rules to

17  allow the department to extend the validity period of a

18  temporary certificate for 2 years when the requirements for

19  the professional certificate, not including the requirement in

20  paragraph (2)(g), were not completed due to the serious

21  illness or injury of the applicant or other extraordinary

22  extenuating circumstances. The department shall reissue the

23  temporary certificate for 2 additional years upon approval by

24  the Commissioner of Education. A written request for

25  reissuance of the certificate shall be submitted by the

26  superintendent of schools, the governing authority of a

27  developmental research school, the governing authority of a

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

29  nonpublic school.

30         (7)  PROFESSIONAL PREPARATION AND EDUCATION COMPETENCY

31  PROGRAM.--


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                                    CS/CS/HB 1193, First Engrossed



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

  2  develop and maintain an alternative certification program by

  3  which members of the district's instructional staff may

  4  satisfy the professional education course requirements

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

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

  7  standards and guidelines for the approval of alternative

  8  certification programs. Any program approved for use in a

  9  school district may be adopted and implemented by a school

10  district other than the school district that developed the

11  program. A district school board choosing to adopt an

12  alternative certification program approved for another school

13  district shall provide written notification of such action to

14  the department. However, any modifications to an approved

15  program shall be submitted to the department for approval.

16  Each approved program must include methods for identifying

17  each applicant's entry-level teaching competencies and must

18  require each applicant to:

19         1.  Have expertise in the subject and meet requirements

20  for specialization in a subject area for which a professional

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

22  state board.

23         2.  Complete training in only those competency areas in

24  which deficiencies are identified.

25         3.  Complete the program within 2 years after initial

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

27         4.  Achieve passing scores on the professional

28  education competency examination required by state board rule.

29

30  Each district school board may expend educational training

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


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  1  provisions of this paragraph. The department must approve

  2  programs and systems developed to demonstrate professional

  3  preparation and education competence authorized by this

  4  paragraph.

  5         Section 8.  Section 231.1726, Florida Statutes, is

  6  created to read:

  7         231.1726  Certification of adjunct educators.--

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

  9  231.15, and 231.17, or any other provision of law or rule to

10  the contrary, district school boards may issue an adjunct

11  teaching certificate to any applicant who fulfills the

12  requirements of s. 231.17(2)(a)-(f) and who has expertise in

13  the subject area to be taught. An applicant shall be

14  considered to have expertise in the subject area to be taught

15  if the applicant has at least a minor in the subject area or

16  demonstrates sufficient subject area mastery as determined by

17  school board policy. The adjunct teaching certificate shall be

18  used for part-time teaching positions.  The intent of this

19  provision is to allow school districts to tap the wealth of

20  talent and expertise represented in Florida's citizens who may

21  wish to teach part-time in a Florida public school by

22  permitting school districts to issue adjunct certificates.

23  Adjunct certificateholders should be used as a strategy to

24  reduce the teacher shortage, thus, adjunct certificateholders

25  should supplement a school's instructional staff, not supplant

26  it.  Each school principal shall assign an experienced peer

27  mentor to assist the adjunct teaching certificateholder during

28  the certificateholder's first year of teaching and an adjunct

29  certificateholder may participate in a district's new teacher

30  training program.  District school boards shall provide the

31  adjunct teaching certificateholder an orientation in classroom


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  1  management prior to assigning the certificateholder to a

  2  school. Each adjunct teaching certificate is valid for 5

  3  school years and is renewable if:

  4         (a)  The applicant completes a minimum of 60 inservice

  5  points or 3 semester hours of college credit. The earned

  6  credits must include instruction in classroom management,

  7  district school board procedures, school culture, and other

  8  activities that enhance the professional teaching skills of

  9  the certificateholder.

10         (b)  The applicant has received satisfactory

11  performance evaluations during each year of teaching under

12  adjunct teaching certification.

13         (2)  Individuals who are certified and employed

14  pursuant to this section shall have the same rights and

15  protection of laws as teachers certified pursuant to s.

16  231.17.

17         Section 9.  Paragraphs (a) and (c) of subsection (1)

18  and subsection (4) of section 231.262, Florida Statutes, are

19  amended, a new subsection (5) is added to said section,

20  present subsection (5) of said section is renumbered and

21  amended, and present subsections (6) through (8) of said

22  section are renumbered as subsections (7) through (9),

23  respectively, to read:

24         231.262  Complaints against teachers and

25  administrators; procedure; penalties.--

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

27  investigated expeditiously any complaint filed before it or

28  otherwise called to its attention which, if legally

29  sufficient, contains grounds for the revocation or suspension

30  of a certificate or any other appropriate penalty as set forth

31  in subsection (7) (6). The complaint is legally sufficient if


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                                    CS/CS/HB 1193, First Engrossed



  1  it contains the ultimate facts which show a violation has

  2  occurred as provided in s. 231.2615. The department may

  3  investigate or continue to investigate and take appropriate

  4  action in a complaint even though the original complainant

  5  withdraws the complaint or otherwise indicates a desire not to

  6  cause it to be investigated or prosecuted to completion. The

  7  department may investigate or continue to investigate and take

  8  action on a complaint filed against a person whose teaching

  9  certificate has expired if the act or acts which are the basis

10  for the complaint were allegedly committed while that person

11  possessed a teaching certificate.

12         (c)  Each school district shall file in writing with

13  the department all legally sufficient complaints within 30

14  days after the date on which subject matter of the complaint

15  comes to the attention of the school district. The school

16  district shall include all information relating to the

17  complaint which is known to the school district at the time of

18  filing. Each district school board shall develop policies and

19  procedures to comply with this reporting requirement. The

20  district school board policies and procedures shall include

21  appropriate penalties for all personnel of the district school

22  board for nonreporting and procedures for promptly informing

23  the superintendent of schools of each legally sufficient

24  complaint. The superintendent of schools is charged with

25  knowledge of these policies and procedures.  If the

26  superintendent of schools has knowledge of a legally

27  sufficient complaint and does not report the complaint, or

28  fails to enforce the policies and procedures of the district

29  school board, and fails to comply with the requirements of

30  this subsection, in addition to other actions against

31  certificateholders authorized by law, the superintendent of


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                                    CS/CS/HB 1193, First Engrossed



  1  schools shall be subject to penalties as specified in s.

  2  230.33(13). This paragraph does not limit or restrict the

  3  power and duty of the department to investigate complaints as

  4  provided in paragraphs (a) and (b), regardless of the school

  5  district's untimely filing, or failure to file, complaints and

  6  followup reports.

  7         (4)  The complaint and all information obtained

  8  pursuant to the investigation by the department shall be

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

10  until the conclusion of the preliminary investigation of the

11  complaint, until such time as the preliminary investigation

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

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

14  assembled during the investigation may be inspected and copied

15  by the certificateholder under investigation, or the

16  certificateholder's designee, after the investigation is

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

18  the commissioner. If the preliminary investigation is

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

20  proceed, the complaint and information shall be open

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

22  preliminary investigation is concluded with the finding that

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

24  pursuant to subsection (6) (5), the complaint and information

25  shall be open thereafter to inspection pursuant to s.

26  119.97(1). If the preliminary investigation ceases to be

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

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

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

30  purpose of this subsection, a preliminary investigation shall

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


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                                    CS/CS/HB 1193, First Engrossed



  1  reasonable, good faith anticipation that an administrative

  2  finding will be made in the foreseeable future.

  3         (5)  When deemed necessary to protect the health,

  4  safety, and welfare of a minor student, the superintendent of

  5  schools in consultation with the school principal may, and

  6  upon the request of the Commissioner of Education shall,

  7  temporarily suspend a certificateholder from the

  8  certificateholder's regularly assigned duties, with pay, and

  9  reassign the suspended certificateholder to a position that

10  does not require direct contact with students in the district

11  school system.  Such suspension shall continue until the

12  completion of the proceedings and the determination of

13  sanctions, if any, pursuant to this section and s. 231.2615.

14         (6)(5)  Upon the finding of probable cause, the

15  commissioner shall file a formal complaint and prosecute the

16  complaint pursuant to the provisions of chapter 120. An

17  administrative law judge shall be assigned by the Division of

18  Administrative Hearings of the Department of Management

19  Services to hear the complaint if there are disputed issues of

20  material fact. The administrative law judge shall make

21  recommendations in accordance with the provisions of

22  subsection (7) (6) to the appropriate Education Practices

23  Commission panel which shall conduct a formal review of such

24  recommendations and other pertinent information and issue a

25  final order. The commission shall consult with its legal

26  counsel prior to issuance of a final order.

27         Section 10.  Paragraph (a) of subsection (1) of section

28  231.36, Florida Statutes, is amended, and paragraph (g) is

29  added to subsection (3) of said section, to read:

30         231.36  Contracts with instructional staff,

31  supervisors, and principals.--


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  1         (1)(a)  Each person employed as a member of the

  2  instructional staff in any district school system shall be

  3  properly certificated pursuant to s. 231.17 or s. 231.1726 or

  4  employed pursuant to s. 231.1725 and shall be entitled to and

  5  shall receive a written contract as specified in chapter 230.

  6  All such contracts, except continuing contracts as specified

  7  in subsection (4), shall contain provisions for dismissal

  8  during the term of the contract only for just cause. Just

  9  cause includes, but is not limited to, the following

10  instances, as defined by rule of the State Board of Education:

11  misconduct in office, incompetency, gross insubordination,

12  willful neglect of duty, or conviction of a crime involving

13  moral turpitude.

14         (3)

15         (g)  Beginning July 1, 2001, for each employee who

16  enters into a written contract, pursuant to this section, in a

17  school district in which the employee was not employed as of

18  June 30, 2001, for purposes of pay a school board must

19  recognize and accept each year of full-time teaching service

20  for which the employee received a satisfactory performance

21  evaluation. This provision is not intended to interfere with

22  the operation of a collective bargaining agreement except to

23  the extent it requires the agreement to treat years of

24  teaching experience out of the district the same as years of

25  teaching experience within the district. Instructional

26  personnel employed pursuant to s. 121.091(9)(b)3. are exempt

27  from the provisions of this paragraph.

28         Section 11.  Subsections (5) and (6) of section

29  231.6135, Florida Statutes, are amended to read:

30         231.6135  Statewide system for inservice professional

31  development.--The intent of this section is to establish a


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                                    CS/CS/HB 1193, First Engrossed



  1  statewide system of professional development that provides a

  2  wide range of targeted inservice training to teachers,

  3  managers, and administrative personnel designed to upgrade

  4  skills and knowledge needed to reach world class standards in

  5  education.  The system shall consist of a network of

  6  professional development academies in each region of the state

  7  that are operated in partnership with area business partners

  8  to develop and deliver high-quality training programs

  9  purchased by school districts.  The academies shall be

10  established to meet the human resource development needs of

11  professional educators, schools, and school districts. Funds

12  appropriated for the initiation of professional development

13  academies shall be allocated by the Commissioner of Education,

14  unless otherwise provided in an appropriations act. To be

15  eligible for startup funds, the academy must:

16         (5)  Be operated under contract with its public

17  partners and governed by an independent board of directors,

18  which should include at least one superintendent of schools

19  and one district school board chair from the participating

20  school districts, the president of the collective bargaining

21  unit that represents the majority of the region's teachers,

22  and at least three individuals who are not employees or

23  elected or appointed officials of the participating school

24  districts. Regional educational consortia as defined in s.

25  228.0857 satisfy the requirements of this subsection.

26         (6)  Be financed during the first year of operation by

27  an equal or greater match from private funding sources and

28  demonstrate the ability to be self-supporting within 1 year

29  after opening through fees for services, grants, or private

30  contributions. Regional educational consortia as defined in s.

31


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                                    CS/CS/HB 1193, First Engrossed



  1  228.0857 are exempt from the funding match required by this

  2  subsection.

  3         Section 12.  Subsection (2) of section 231.625, Florida

  4  Statutes, is amended to read:

  5         231.625  Teacher recruitment and retention.--

  6         (2)  The Department of Education shall:

  7         (a)  Develop and implement a system for posting

  8  teaching vacancies and establish a database of teacher

  9  applicants that is accessible within and outside the state

10  Advertise teacher positions in targeted states.

11         (b)  Advertise in major newspapers, national

12  professional publications, and other professional publications

13  and in schools of education.

14         (c)  Utilize state and nationwide toll-free numbers.

15         (d)  Develop standardized resumes for teacher applicant

16  data.

17         (d)(e)  Conduct periodic communications with district

18  personnel directors regarding applicants.

19         (e)(f)  Provide district access to the applicant

20  database by computer or telephone.

21         (f)(g)  Develop and distribute promotional materials

22  related to teaching as a career.

23         (g)(h)  Publish and distribute information pertaining

24  to employment opportunities, application procedures, teacher

25  certification, and teacher salaries.

26         (h)(i)  Provide information related to certification

27  procedures.

28         (i)(j)  Develop and sponsor the Florida Future Educator

29  of America Program throughout the state.

30         (j)  Develop, in consultation with school district

31  staff including, but not limited to, superintendents, school


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                                    CS/CS/HB 1193, First Engrossed



  1  board members, and district human resources personnel, a

  2  long-range plan for educator recruitment and retention. The

  3  plan shall be submitted to the Legislature, the Governor, and

  4  school districts no later than August 1, 2001.

  5         (k)  Identify best practices for retaining high-quality

  6  teachers Review and recommend to the Legislature and school

  7  districts incentives for attracting teachers to this state.

  8         (l)  Develop, in consultation with Workforce Florida,

  9  Inc., and the Agency for Workforce Innovation, created

10  pursuant to ss. 445.004 and 20.50, respectively, a plan for

11  accessing and identifying available resources in the state's

12  workforce system for the purpose of enhancing teacher

13  recruitment and retention.  The plan shall be submitted to the

14  Governor, the President of the Senate, the Speaker of the

15  House of Representatives, and each school district no later

16  than August 1, 2001.

17         Section 13.  Paragraphs (b) through (e) of subsection

18  (3) of section 231.700, Florida Statutes, are amended to read:

19         231.700  Florida Mentor Teacher School Pilot Program.--

20         (3)  The five teacher career development positions and

21  minimum requirements are:

22         (b)  Associate teacher.--An associate teacher must hold

23  a bachelor's degree from an institution of higher learning and

24  a valid Florida professional teaching certificate as provided

25  by s. 231.17.

26         (c)  Teacher.--A teacher must hold a bachelor's degree

27  or higher from an institution of higher learning and a valid

28  Florida professional teaching certificate, have a minimum of 3

29  years' full-time teaching experience, document satisfactory

30  teaching performance, and document evidence of positive

31


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                                    CS/CS/HB 1193, First Engrossed



  1  student learning gains, when that data become becomes

  2  available.

  3         (d)  Lead teacher.--A lead teacher must hold a

  4  bachelor's degree or higher from an institution of higher

  5  learning and a valid Florida professional teaching

  6  certificate, have a minimum of 3 years' full-time teaching

  7  experience, document exemplary teaching performance, and

  8  document evidence of significant positive student learning

  9  gains, when that data become becomes available. A lead teacher

10  shall provide intensive support for associate teachers and

11  teachers.

12         (e)  Mentor teacher.--A mentor teacher must:

13         1.  Hold a bachelor's degree or higher from an

14  institution of higher learning and a valid Florida

15  professional teaching certificate.;

16         2.  Have a minimum of 5 years' full-time teaching

17  experience.;

18         3.  Document exemplary teaching performance.;

19         4.  Document evidence of significant positive student

20  learning gains, when that data become becomes available.;

21         5.  Hold a valid National Board for Professional

22  Teaching Standards certificate; have been selected as a

23  school, district, or state teacher of the year;, or hold an

24  equivalent status as determined by the commissioner.; and

25         6.  Demonstrate expertise as a staff developer.

26         Section 14.  Paragraph (d) of subsection (2) of section

27  236.08106, Florida Statutes, is amended to read:

28         236.08106  Excellent Teaching Program.--

29         (2)  The Excellent Teaching Program is created to

30  provide categorical funding for monetary incentives and

31  bonuses for teaching excellence. The Department of Education


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                                    CS/CS/HB 1193, First Engrossed



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

  2  amount as prescribed annually by the Legislature for the

  3  Excellent Teaching Program. For purposes of this section, the

  4  Florida School for the Deaf and the Blind shall be considered

  5  a school district. Unless otherwise provided in the General

  6  Appropriations Act, each distribution shall be the sum of the

  7  amounts earned for the following incentives and bonuses:

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

  9  fiscal year's statewide average salary for classroom teachers

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

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

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

13  of mentoring and related services to public school teachers

14  within the state who do not hold NBPTS certification. The

15  district school board shall distribute the annual bonus in a

16  single payment following the completion of all required

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

18  intent of the Legislature to remove excellent teachers from

19  their assigned classrooms; therefore, credit may not be

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

21  related services provided during student contact time the

22  regular school day or during the 196 days of required service

23  for the school year.

24

25  A teacher for whom the state pays the certification fee and

26  who does not complete the certification program or does not

27  teach in a public school of this state for at least 1 year

28  after completing the certification program must repay the

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

30  teacher who completes the certification program but fails to

31  be awarded NBPTS certification is not required to repay the


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                                    CS/CS/HB 1193, First Engrossed



  1  amount of the certification fee if the teacher meets the

  2  1-year teaching requirement. Repayment is not required of a

  3  teacher who does not complete the certification program or

  4  fails to fulfill the teaching requirement because of the

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

  6  circumstances as determined by the State Board of Education.

  7         Section 15.  Subsection (10) of section 231.261,

  8  Florida Statutes, is amended to read:

  9         231.261  Education Practices Commission;

10  organization.--

11         (10)  The commission shall be financed from the

12  following: certification fees; fines, penalties, and costs

13  collected pursuant to s. 231.262(9)(8); and general revenue.

14         Section 16.  Paragraph (f) of subsection (3) of section

15  230.2305, Florida Statutes, is amended to read:

16         230.2305  Prekindergarten early intervention program.--

17         (3)  STANDARDS.--

18         (f)  All staff must meet the following minimum

19  requirements:

20         1.  The minimum level of training is to be the

21  completion of a 30-clock-hour training course planned jointly

22  by the Department of Education and the Department of Children

23  and Family Services to include the following areas: state and

24  local rules that govern child care, health, safety, and

25  nutrition; identification and report of child abuse and

26  neglect; child growth and development; use of developmentally

27  appropriate early childhood curricula; and avoidance of

28  income-based, race-based, and gender-based stereotyping.

29         2.  When individual classrooms are staffed by certified

30  teachers, those teachers must be certified for the appropriate

31  grade levels under s. 231.17 and State Board of Education


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                                    CS/CS/HB 1193, First Engrossed



  1  rules.  Teachers who are not certified for the appropriate

  2  grade levels must obtain proper certification within 2 years.

  3  However, the commissioner may make an exception on an

  4  individual basis when the requirements are not met because of

  5  serious illness, injury, or other extraordinary, extenuating

  6  circumstance.

  7         3.  When individual classrooms are staffed by

  8  noncertified teachers, there must be a program director or

  9  lead teacher who is eligible for certification or certified

10  for the appropriate grade levels pursuant to s. 231.17 and

11  State Board of Education rules in regularly scheduled direct

12  contact with each classroom. Notwithstanding s. 231.15, such

13  classrooms must be staffed by at least one person who has, at

14  a minimum, a child development associate credential (CDA) or

15  an amount of training determined by the commissioner to be

16  equivalent to or to exceed the minimum, such as an associate

17  in science degree in the area of early childhood education.

18         4.  Principals and other school district administrative

19  and supervisory personnel with direct responsibility for the

20  program must demonstrate knowledge of prekindergarten

21  education programs that increase children's chances of

22  achieving future educational success and becoming productive

23  members of society in a manner established by the State Board

24  of Education by rule.

25         5.  All personnel who are not certified under s. 231.17

26  or s. 231.1726 must comply with screening requirements under

27  s. 231.02.

28         Section 17.  Section 231.045, Florida Statutes, is

29  amended to read:

30         231.045  Periodic criminal history record checks.--In

31  cooperation with the Florida Department of Law Enforcement,


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                                    CS/CS/HB 1193, First Engrossed



  1  the department may periodically perform a criminal history

  2  record check on individuals who hold a certificate pursuant to

  3  s. 231.17 or s. 231.1726.

  4         Section 18.  Subsection (1) of section 231.1725,

  5  Florida Statutes, is amended to read:

  6         231.1725  Employment of substitute teachers, teachers

  7  of adult education, nondegreed teachers of career education,

  8  and career specialists; students performing clinical field

  9  experience.--

10         (1)  Notwithstanding ss. 231.02, 231.15, and 231.17,

11  and 231.1726, or any other provision of law or rule to the

12  contrary, each district school board shall establish the

13  minimal qualifications for:

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

15  231.47. The qualifications shall require the filing of a

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

17  s. 231.02.

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

19  education programs. The qualifications shall require the

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

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

22  postsecondary instruction may be exempted from this

23  requirement.

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

25  vocational programs. Qualifications shall be established for

26  agriculture, business, health occupations, family and consumer

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

28  service education teachers, based primarily on successful

29  occupational experience rather than academic training. The

30  qualifications for such teachers shall require:

31


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                                    CS/CS/HB 1193, First Engrossed



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

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

  3  to conduct postsecondary instruction may be exempted from this

  4  requirement.

  5         2.  Documentation of education and successful

  6  occupational experience including documentation of:

  7         a.  A high school diploma or the equivalent.

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

  9  occupational experience or the equivalent of part-time

10  experience in the teaching specialization area. Alternate

11  means of determining successful occupational experience may be

12  established by the district school board.

13         c.  Completion of career education training conducted

14  through the local school district inservice master plan.

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

16  education training in teaching methods, course construction,

17  lesson planning and evaluation, and teaching special needs

18  students. This training may be completed through coursework

19  from a standard institution or an approved district teacher

20  education program.

21         e.  Demonstration of successful teaching performance.

22         Section 19.  Subsection (1) of section 231.471, Florida

23  Statutes, is amended to read:

24         231.471  Part-time teachers.--

25         (1)  District school boards may hire certified and

26  qualified personnel as provided in ss. s. 231.1725 and

27  231.1726 to teach a specified number of periods, which may be

28  less than a full school day or less than a full school year.

29         Section 20.  Paragraph (a) of subsection (3) of section

30  232.435, Florida Statutes, is amended to read:

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                                    CS/CS/HB 1193, First Engrossed



  1         232.435  Extracurricular athletic activities; athletic

  2  trainers.--

  3         (3)(a)  To the extent practicable, a school district

  4  program should include the following employment classification

  5  and advancement scheme:

  6         1.  Teacher apprentice trainer I.--To qualify as a

  7  teacher apprentice trainer I, a person must possess a

  8  professional, temporary, part-time, adjunct, or substitute

  9  certificate pursuant to s. 231.17 or s. 231.1726, be certified

10  in first aid and cardiopulmonary resuscitation, and have

11  earned a minimum of 6 semester hours or the equivalent number

12  of inservice education points in the basic prevention and care

13  of athletic injuries.

14         2.  Teacher apprentice trainer II.--To qualify as a

15  teacher apprentice trainer II, a person must meet the

16  requirements of teacher apprentice trainer I and also have

17  earned a minimum of 15 additional semester hours or the

18  equivalent number of inservice education points in such

19  courses as anatomy, physiology, use of modalities, nutrition,

20  counseling, and other courses approved by the Commissioner of

21  Education.

22         3.  Teacher athletic trainer.--To qualify as a teacher

23  athletic trainer, a person must meet the requirements of

24  teacher apprentice trainer II, be certified by the Department

25  of Education or a nationally recognized athletic trainer

26  association, and perform one or more of the following

27  functions:  preventing athletic injuries; recognizing,

28  evaluating, managing, treating, and rehabilitating athletic

29  injuries; administering an athletic training program; and

30  educating and counseling athletes.

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                                    CS/CS/HB 1193, First Engrossed



  1         Section 21.  Subsection (10) of section 240.529,

  2  Florida Statutes, is renumbered as subsection (11) and a new

  3  subsection (10) is added to said section to read:

  4         240.529  Public accountability and state approval for

  5  teacher preparation programs.--

  6         (10)  TEACHER EDUCATION PILOT PROGRAMS FOR

  7  HIGH-ACHIEVING STUDENTS.--Pilot teacher preparation programs

  8  shall be established at the University of Central Florida, the

  9  University of North Florida, and the University of South

10  Florida.  These programs shall include a year-long paid

11  teaching assignment and competency-based learning experiences

12  and shall be designed to encourage high-achieving students, as

13  identified by the institution, to pursue a career in

14  education.  Students chosen to participate in the pilot

15  programs shall agree to teach for at least 1 year after they

16  receive their degrees.  Criteria for identifying

17  high-achieving students shall be developed by the institution

18  and shall include, at a minimum, requirements that the student

19  have a 3.3 grade point average or above and that the student

20  has demonstrated mastery of general knowledge pursuant to s.

21  231.17(2)(g). The year-long paid teaching assignment shall

22  begin after completion of the equivalent of 3 years of the

23  university teacher preparation program.

24         (a)  Each pilot program shall be designed to include:

25         1.  A year-long paid teaching assignment at a specified

26  school site during the fourth year of the university teacher

27  preparation program, which includes intense supervision by a

28  support team trained in clinical education.  The support team

29  shall include a university supervisor and experienced

30  school-based mentors.  A mentor teacher shall be assigned to

31  each fourth year employed teacher to implement an


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                                    CS/CS/HB 1193, First Engrossed



  1  individualized learning plan.  This mentor teacher will be

  2  considered an adjunct professor for purposes of this program

  3  and may receive credit for time spent as a mentor teacher in

  4  the program.  The mentor teacher must have a master's degree

  5  or above, a minimum of 3 years of teaching experience, and

  6  clinical education training or certification by the National

  7  Board of Professional Teaching Standards.  Experiences and

  8  instruction may be delivered by other mentors, assigned

  9  teachers, professors, individualized learning, and

10  demonstrations.  Students in this paid teaching assignment

11  shall assume full responsibility of all teaching duties.

12         2.  Professional education curriculum requirements that

13  address the educator-accomplished practices and other

14  competencies specified in state board rule.

15         3.  A modified instructional delivery system that

16  provides onsite training during the paid teaching assignment

17  in the professional education areas and competencies specified

18  in this subsection.  The institutions participating in this

19  pilot program shall be given a waiver to provide a modified

20  instructional delivery system meeting criteria that allows

21  earned credit through nontraditional approaches.  The modified

22  system may provide for an initial evaluation of the

23  candidate's competencies to determine an appropriate

24  individualized professional development plan and may provide

25  for earned credit by:

26         a.  Internet learning and competency acquisition.

27         b.  Learning acquired by observing demonstrations and

28  being observed in application.

29         c.  Independent study or instruction by mentor teachers

30  or adjunct teachers.

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                                    CS/CS/HB 1193, First Engrossed



  1         4.  Satisfactory demonstration of the

  2  educator-accomplished practices and content area competencies

  3  for program completion.

  4         5.  For program completion, required achievement of

  5  passing scores on all tests required for certification by

  6  State Board of Education rules.

  7         (b)  Beginning in July 2003, each institution

  8  participating in the pilot program shall submit to the

  9  Commissioner of Education an annual report evaluating the

10  effectiveness of the program.  The report shall include, but

11  shall not be limited to, the number of students selected for

12  the pilot program, the number of students successfully

13  completing the pilot program, the number of program

14  participants who passed all required examinations, the number

15  of program participants who successfully demonstrated all

16  required competencies, and a followup study to determine the

17  number of pilot program completers who were employed in a

18  teaching position and employers' satisfaction with the

19  performance of pilot program completers.

20         (c)  This subsection shall be implemented to the extent

21  specifically funded in the General Appropriations Act.

22         Section 22.  This act shall take effect July 1, 2001.

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