House Bill hb1193er
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1
2 An act relating to education; amending s.
3 236.081, F.S.; providing for the distribution
4 to classroom teachers who provided
5 international baccalaureate instruction certain
6 bonuses; amending s. 121.091, F.S.; eliminating
7 the requirement that certain instructional
8 personnel make an election to participate in
9 the Deferred Retirement Option Program within
10 12 months after reaching normal retirement
11 date; amending s. 228.041, F.S.; revising the
12 definition of "other instructional staff" to
13 include adjunct educators; amending s. 230.23,
14 F.S.; authorizing a review by a principal prior
15 to reassigning a teacher; deleting provisions
16 relating to salary supplements provided to
17 teachers selected to teach at certain
18 low-performing schools; amending s. 231.095,
19 F.S.; revising provisions relating to
20 assignment of teaching duties out-of-field;
21 amending s. 231.096, F.S.; requiring assistance
22 in accessing resources for teachers teaching
23 out-of-field; amending s. 231.15, F.S.;
24 deleting provision of part-time certificate for
25 athletic coach; creating an athletic coaching
26 certificate; amending s. 231.17, F.S.;
27 authorizing continued employment under
28 specified circumstances; authorizing the use of
29 an approved alternative certification program
30 by a school district other than the school
31 district that developed the program, upon
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1 notification to the department and approval of
2 any modifications; creating s. 231.1726, F.S.;
3 providing for certification of adjunct
4 educators; amending s. 231.262, F.S.; requiring
5 each district school board to develop policies
6 and procedures relating to the reporting of
7 complaints against teachers and administrators;
8 providing criteria for policies and procedures;
9 charging the superintendent of schools with
10 knowledge of such policies and procedures;
11 specifying conditions for penalty against
12 superintendent; authorizing the temporary
13 suspension of a teaching certificateholder
14 pending the completion of proceedings in order
15 to protect the health, safety, and welfare of
16 students; correcting cross references to
17 conform; amending s. 231.36, F.S.; including
18 adjunct educators in provisions relating to
19 contracts with instructional staff; requiring a
20 school board to recognize and accept years of
21 satisfactory performance for purposes of pay;
22 providing an exemption; amending s. 231.6135,
23 F.S.; exempting regional educational consortia
24 from certain requirements to become eligible
25 for grants to create professional development
26 academies; amending s. 231.625, F.S.; requiring
27 the Department of Education to develop and
28 implement a system for posting teaching
29 vacancies, establish a database of teacher
30 applicants, develop a long-range plan for
31 educator recruitment and retention, identify
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1 best practices for retaining high quality
2 teachers, and develop a plan in consultation
3 with Workforce Florida, Inc., and the Agency
4 for Workforce Innovation for teacher
5 recruitment and retention; deleting
6 requirements that the department develop
7 standardized resumes for teacher applicant data
8 and review and recommend to the Legislature and
9 school districts incentives for attracting
10 teachers to Florida; amending s. 231.700, F.S.;
11 revising the Florida Mentor Teacher School
12 Pilot Program to conform terminology;
13 clarifying requirements for mentor teachers;
14 amending s. 236.08106, F.S.; clarifying
15 requirements relating to the amount of required
16 mentoring or related services for receipt of an
17 Excellent Teaching Program bonus; amending s.
18 231.261, F.S.; correcting a cross reference;
19 amending ss. 230.2305, 231.045, 231.1725,
20 231.471, and 232.435, F.S., relating to
21 standards for staff of prekindergarten early
22 intervention programs, periodic criminal
23 history record checks, and employment of
24 specified teachers, part-time teachers, and
25 athletic trainers; revising provisions to
26 include adjunct educators; amending s. 240.529,
27 F.S.; establishing teacher education pilot
28 programs for high-achieving students; providing
29 an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Paragraph (k) of subsection (1) of section
2 236.081, Florida Statutes, is amended to read:
3 236.081 Funds for operation of schools.--If the annual
4 allocation from the Florida Education Finance Program to each
5 district for operation of schools is not determined in the
6 annual appropriations act or the substantive bill implementing
7 the annual appropriations act, it shall be determined as
8 follows:
9 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
10 OPERATION.--The following procedure shall be followed in
11 determining the annual allocation to each district for
12 operation:
13 (k) Calculation of additional full-time equivalent
14 membership based on international baccalaureate examination
15 scores of students.--A value of 0.24 full-time equivalent
16 student membership shall be calculated for each student
17 enrolled in an international baccalaureate course who receives
18 a score of 4 or higher on a subject examination. A value of
19 0.3 full-time equivalent student membership shall be
20 calculated for each student who receives an international
21 baccalaureate diploma. Such value shall be added to the total
22 full-time equivalent student membership in basic programs for
23 grades 9 through 12 in the subsequent fiscal year. During the
24 1997-1998, 1998-1999, and 1999-2000 school years of the pilot
25 program authorized in s. 240.116, students enrolled in the
26 Advanced International Certificate of Education Program shall
27 generate full-time equivalent student membership in a manner
28 that is equitable to the manner in which students enrolled in
29 the International Baccalaureate Program generate full-time
30 equivalent student membership. During 1997-1998, a maximum of
31 40 students in each participating school district is
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1 authorized to generate full-time equivalent student membership
2 in the pilot program, and in 1998-1999 and 1999-2000 a maximum
3 of 80 students per year in each participating school district
4 is authorized to generate full-time equivalent student
5 membership in the pilot program. The school district shall
6 distribute to each classroom teacher who provided
7 international baccalaureate instruction:
8 1. A bonus in the amount of $50 for each student
9 taught by the International Baccalaureate teacher in each
10 international baccalaureate course who receives a score of 4
11 or higher on the international baccalaureate examination.
12 2. An additional bonus of $500 to each International
13 Baccalaureate teacher in a school designated performance grade
14 category "D" or "F" who has at least one student scoring 4 or
15 higher on the international baccalaureate examination,
16 regardless of the number of classes taught or of the number of
17 students scoring a 4 or higher on the international
18 baccalaureate examination.
19
20 Bonuses awarded to a teacher according to this paragraph shall
21 not exceed $2,000 in any given school year and shall be in
22 addition to any regular wage or other bonus the teacher
23 received or is scheduled to receive.
24 Section 2. Paragraph (a) of subsection (13) of section
25 121.091, Florida Statutes, is amended to read:
26 121.091 Benefits payable under the system.--Benefits
27 may not be paid under this section unless the member has
28 terminated employment as provided in s. 121.021(39)(a) or
29 begun participation in the Deferred Retirement Option Program
30 as provided in subsection (13), and a proper application has
31 been filed in the manner prescribed by the department. The
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1 department may cancel an application for retirement benefits
2 when the member or beneficiary fails to timely provide the
3 information and documents required by this chapter and the
4 department's rules. The department shall adopt rules
5 establishing procedures for application for retirement
6 benefits and for the cancellation of such application when the
7 required information or documents are not received.
8 (13) DEFERRED RETIREMENT OPTION PROGRAM.--In general,
9 and subject to the provisions of this section, the Deferred
10 Retirement Option Program, hereinafter referred to as the
11 DROP, is a program under which an eligible member of the
12 Florida Retirement System may elect to participate, deferring
13 receipt of retirement benefits while continuing employment
14 with his or her Florida Retirement System employer. The
15 deferred monthly benefits shall accrue in the System Trust
16 Fund on behalf of the participant, plus interest compounded
17 monthly, for the specified period of the DROP participation,
18 as provided in paragraph (c). Upon termination of employment,
19 the participant shall receive the total DROP benefits and
20 begin to receive the previously determined normal retirement
21 benefits. Participation in the DROP does not guarantee
22 employment for the specified period of DROP.
23 (a) Eligibility of member to participate in the
24 DROP.--All active Florida Retirement System members in a
25 regularly established position, and all active members of
26 either the Teachers' Retirement System established in chapter
27 238 or the State and County Officers' and Employees'
28 Retirement System established in chapter 122 which systems are
29 consolidated within the Florida Retirement System under s.
30 121.011, are eligible to elect participation in the DROP
31 provided that:
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1 1. The member is not a renewed member of the Florida
2 Retirement System under s. 121.122, or a member of the State
3 Community College System Optional Retirement Program under s.
4 121.051, the Senior Management Service Optional Annuity
5 Program under s. 121.055, or the optional retirement program
6 for the State University System under s. 121.35.
7 2. Except as provided in subparagraph 6., election to
8 participate is made within 12 months immediately following the
9 date on which the member first reaches normal retirement date,
10 or, for a member who reaches normal retirement date based on
11 service before he or she reaches age 62, or age 55 for Special
12 Risk Class members, election to participate may be deferred to
13 the 12 months immediately following the date the member
14 attains 57, or age 52 for Special Risk Class members. For a
15 member who first reached normal retirement date or the
16 deferred eligibility date described above prior to the
17 effective date of this section, election to participate shall
18 be made within 12 months after the effective date of this
19 section. A member who fails to make an election within such
20 12-month limitation period shall forfeit all rights to
21 participate in the DROP. The member shall advise his or her
22 employer and the division in writing of the date on which the
23 DROP shall begin. Such beginning date may be subsequent to the
24 12-month election period, but must be within the 60-month
25 limitation period as provided in subparagraph (b)1. When
26 establishing eligibility of the member to participate in the
27 DROP for or the 60-month maximum participation period, the
28 member may elect to include or exclude any optional service
29 credit purchased by the member from the total service used to
30 establish the normal retirement date. A member with dual
31 normal retirement dates shall be eligible to elect to
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1 participate in DROP within 12 months after attaining normal
2 retirement date in either class.
3 3. The employer of a member electing to participate in
4 the DROP, or employers if dually employed, shall acknowledge
5 in writing to the division the date the member's participation
6 in the DROP begins and the date the member's employment and
7 DROP participation will terminate.
8 4. Simultaneous employment of a participant by
9 additional Florida Retirement System employers subsequent to
10 the commencement of participation in the DROP shall be
11 permissible provided such employers acknowledge in writing a
12 DROP termination date no later than the participant's existing
13 termination date or the 60-month limitation period as provided
14 in subparagraph (b)1.
15 5. A DROP participant may change employers while
16 participating in the DROP, subject to the following:
17 a. A change of employment must take place without a
18 break in service so that the member receives salary for each
19 month of continuous DROP participation. If a member receives
20 no salary during a month, DROP participation shall cease
21 unless the employer verifies a continuation of the employment
22 relationship for such participant pursuant to s.
23 121.021(39)(b).
24 b. Such participant and new employer shall notify the
25 division on forms required by the division as to the identity
26 of the new employer.
27 c. The new employer shall acknowledge, in writing, the
28 participant's DROP termination date, which may be extended but
29 not beyond the original 60-month period provided in
30 subparagraph (b)1., shall acknowledge liability for any
31 additional retirement contributions and interest required if
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1 the participant fails to timely terminate employment, and
2 shall be subject to the adjustment required in
3 sub-subparagraph (c)5.d.
4 6. Effective July 1, 2001, for instructional personnel
5 as defined in s. 228.041(9)(a)-(d), election to participate in
6 the DROP shall be made at any time following the date on which
7 the member first reaches normal retirement date. The member
8 shall advise his or her employer and the division in writing
9 of the date on which the Deferred Retirement Option Program
10 shall begin. When establishing eligibility of the member to
11 participate in the DROP for the 60-month maximum participation
12 period, as provided in subparagraph (b)1., the member may
13 elect to include or exclude any optional service credit
14 purchased by the member from the total service used to
15 establish the normal retirement date. A member with dual
16 normal retirement dates shall be eligible to elect to
17 participate in either class.
18 Section 3. Paragraph (d) of subsection (9) of section
19 228.041, Florida Statutes, is amended to read:
20 228.041 Definitions.--Specific definitions shall be as
21 follows, and wherever such defined words or terms are used in
22 the Florida School Code, they shall be used as follows:
23 (9) INSTRUCTIONAL PERSONNEL.--"Instructional
24 personnel" means any staff member whose function includes the
25 provision of direct instructional services to students.
26 Instructional personnel also includes personnel whose
27 functions provide direct support in the learning process of
28 students. Included in the classification of instructional
29 personnel are:
30 (d) Other instructional staff.--Other instructional
31 staff are staff members who are part of the instructional
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1 staff but are not classified in one of the categories
2 specified in paragraphs (a)-(c). Included in this
3 classification are primary specialists, learning resource
4 specialists, instructional trainers, adjunct educators
5 certified pursuant to s. 231.1726, and similar positions.
6 Section 4. Paragraph (a) of subsection (5) and
7 paragraph (c) of subsection (16) of section 230.23, Florida
8 Statutes, are amended to read:
9 230.23 Powers and duties of school board.--The school
10 board, acting as a board, shall exercise all powers and
11 perform all duties listed below:
12 (5) PERSONNEL.--Designate positions to be filled,
13 prescribe qualifications for those positions, and provide for
14 the appointment, compensation, promotion, suspension, and
15 dismissal of employees as follows, subject to the requirements
16 of chapter 231:
17 (a) Positions, qualifications, and appointments.--Act
18 upon written recommendations submitted by the superintendent
19 of schools for positions to be filled and for minimum
20 qualifications for personnel for the various positions and act
21 upon written nominations of persons to fill such positions.
22 The superintendent of schools' recommendations for filling
23 instructional institutional positions at the school level must
24 consider nominations received from school principals of the
25 respective schools. Before transferring a teacher who holds a
26 professional teaching certificate from one school to another,
27 the superintendent shall consult with the principal of the
28 receiving school and allow the principal to review the
29 teacher's records and interview the teacher. If, in the
30 judgment of the principal, students would not benefit from the
31 placement, an alternative placement may be sought. The
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1 district school board may reject for good cause any employee
2 nominated. If the third nomination by the superintendent of
3 schools for any position is rejected for good cause, if the
4 superintendent of schools fails to submit a nomination for
5 initial employment within a reasonable time as prescribed by
6 the district school board, or if the superintendent of schools
7 fails to submit a nomination for reemployment within the time
8 prescribed by law, the district school board may proceed on
9 its own motion to fill such position. The district school
10 board's decision to reject a person's nomination does not give
11 that person a right of action to sue over the rejection and
12 may not be used as a cause of action by the nominated
13 employee.
14 (16) IMPLEMENT SCHOOL IMPROVEMENT AND
15 ACCOUNTABILITY.--Maintain a system of school improvement and
16 education accountability as provided by statute and State
17 Board of Education rule. This system of school improvement and
18 education accountability shall be consistent with, and
19 implemented through, the district's continuing system of
20 planning and budgeting required by this section and ss.
21 229.555 and 237.041. This system of school improvement and
22 education accountability shall include, but is not limited to,
23 the following:
24 (c) Assistance and intervention.--
25 1. Develop a 2-year plan of increasing individualized
26 assistance and intervention for each school in danger of not
27 meeting state standards or making adequate progress, as
28 defined pursuant to statute and State Board of Education rule,
29 toward meeting the goals and standards of its approved school
30 improvement plan.
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1 2. A school that is identified as being in performance
2 grade category "D" pursuant to s. 229.57 is in danger of
3 failing and must be provided assistance and intervention.
4 3.a. Each district school board shall develop a plan
5 to encourage teachers with demonstrated mastery in improving
6 student performance to remain at or transfer to a school
7 designated as performance grade category "D" or "F" or to an
8 alternative school that serves disruptive or violent youths.
9 If a classroom teacher, as defined by s. 228.041(9)(a), who
10 meets the definition of teaching mastery developed according
11 to the provisions of this paragraph, requests assignment to a
12 school designated as performance grade category "D" or "F" or
13 to an alternative school that serves disruptive or violent
14 youths, the district school board shall make every practical
15 effort to grant the request.
16 b. For initial implementation in 2000-2001 and until
17 full implementation of an annual assessment of learning gains,
18 a classroom teacher who is selected by the school principal
19 based on his or her performance appraisal and student
20 achievement data to teach at a school designated as
21 performance grade category "D" or "F" or at an alternative
22 that serves disruptive or violent youths shall receive a
23 supplement of at least $1,000, not to exceed $3,500, as
24 provided for annually in the General Appropriations Act, each
25 year he or she teaches at a school designated as performance
26 grade category "D" or "F" or at an alternative school that
27 serves disruptive or violent youths.
28 c. Beginning with the full implementation of an annual
29 assessment of learning gains, a classroom teacher whose
30 effectiveness has been proven based upon positive learning
31 gains of his or her students as measured by annual FCAT
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1 assessments pursuant to s. 229.57, is eligible for an annual
2 supplement of at least $1,000, not to exceed $3,500, as
3 provided for annually in the General Appropriations Act, each
4 year he or she teaches at a school designated as performance
5 grade category "D" or "F" or at an alternative school that
6 serves disruptive or violent youths.
7 d. In the absence of an FCAT assessment, measurement
8 of learning gains of students shall be as provided in s.
9 229.57(12). The supplement received under this paragraph shall
10 be in addition to any supplement or bonus received as a result
11 of other local or state pay incentives based on performance.
12 e. The Commissioner of Education shall adopt rules to
13 determine the measures that define "teaching mastery" for
14 purposes of this subparagraph.
15 4. District school boards are encouraged to prioritize
16 the expenditures of funds received from the supplemental
17 academic instruction categorical fund under s. 236.08104 to
18 improve student performance in schools that receive a
19 performance grade category designation of "D" or "F."
20 Section 5. Section 231.095, Florida Statutes, is
21 amended to read:
22 231.095 Teachers assigned teaching duties outside
23 field; notification requirements.--When a teacher in a
24 district school system is assigned teaching duties in a class
25 dealing with subject matter that is outside the field in which
26 the teacher is certified, outside the field that was the
27 applicant's minor field of study, or outside the field in
28 which the applicant has demonstrated sufficient subject area
29 expertise, as determined by district school board policy in
30 the subject area to be taught, the parents or guardians of all
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1 students in the class shall be notified in writing of such
2 assignment.
3 Section 6. Section 231.096, Florida Statutes, is
4 amended to read:
5 231.096 Teacher teaching out-of-field;
6 assistance.--Each district school board shall adopt and
7 implement a plan to assist any teacher teaching out-of-field,
8 and priority consideration in professional development
9 activities shall be given to teachers who are teaching
10 out-of-field. The district school board shall require that
11 such teachers participate in a certification or staff
12 development program designed to provide the teacher with the
13 competencies required for the assigned duties. The
14 board-approved assistance plan must include duties of
15 administrative personnel and other instructional personnel to
16 provide students with high-quality instructional services.
17 Each district school board shall contact its regional
18 workforce board, created pursuant to s. 445.007, to identify
19 resources that may assist teachers who are teaching
20 out-of-field and who are pursuing certification.
21 Section 7. Subsection (2) of section 231.15, Florida
22 Statutes, is amended to read:
23 231.15 Positions for which certificates required.--
24 (2) Each person who is employed and renders service as
25 an athletic coach in any public school in any district of this
26 state shall hold a valid part-time, temporary, or professional
27 certificate or an athletic coaching certificate. The athletic
28 coaching certificate may be used for either part-time or
29 full-time positions. The provisions of this subsection do not
30 apply to any athletic coach who voluntarily renders service
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1 and who is not employed by any public school district of this
2 state.
3 Section 8. Subsection (6) and paragraph (b) of
4 subsection (7) of section 231.17, Florida Statutes, are
5 amended to read:
6 231.17 Teacher certification requirements.--
7 (6) TYPES AND TERMS OF CERTIFICATION.--
8 (a) The Department of Education shall issue a
9 professional certificate for a period not to exceed 5 years to
10 any applicant who meets all the requirements outlined in
11 subsection (2).
12 (b) The department shall issue a temporary certificate
13 to any applicant who completes the requirements outlined in
14 paragraphs (2)(a)-(f) and:
15 1. Until July 1, 2002, completes the subject area
16 content requirements specified in state board rule.
17 2. Beginning July 1, 2002, completes the subject area
18 content requirements specified in state board rule or achieves
19 a passing score on the subject area examinations required by
20 state board rule.
21 (c) The department shall issue one nonrenewable 2-year
22 temporary certificate and one nonrenewable 5-year professional
23 certificate to a qualified applicant who holds a bachelor's
24 degree in the area of speech-language impairment to allow for
25 completion of a master's degree program in speech-language
26 impairment.
27
28 Each temporary certificate is valid for 3 school fiscal years
29 and is nonrenewable. However, the requirement in paragraph
30 (2)(g) must be met within 1 calendar year of the date of
31 employment under the temporary certificate. Individuals who
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1 are employed under contract at the end of the 1 calendar year
2 time period may continue to be employed through the end of the
3 school year in which they have been contracted. A school
4 district shall not employ, or continue the employment of, an
5 individual in a position for which a temporary certificate is
6 required beyond this the 1 calendar year time period if the
7 individual who has not met the requirement of paragraph
8 (2)(g). The State Board of Education shall adopt rules to
9 allow the department to extend the validity period of a
10 temporary certificate for 2 years when the requirements for
11 the professional certificate, not including the requirement in
12 paragraph (2)(g), were not completed due to the serious
13 illness or injury of the applicant or other extraordinary
14 extenuating circumstances. The department shall reissue the
15 temporary certificate for 2 additional years upon approval by
16 the Commissioner of Education. A written request for
17 reissuance of the certificate shall be submitted by the
18 superintendent of schools, the governing authority of a
19 developmental research school, the governing authority of a
20 state-supported school, or the governing authority of a
21 nonpublic school.
22 (7) PROFESSIONAL PREPARATION AND EDUCATION COMPETENCY
23 PROGRAM.--
24 (b) Until July 1, 2002, each school district may use
25 develop and maintain an alternative certification program by
26 which members of the district's instructional staff may
27 satisfy the professional education course requirements
28 specified in rules of the state board for issuance of a
29 professional certificate. The state board must adopt, by rule,
30 standards and guidelines for the approval of alternative
31 certification programs. Any program approved for use in a
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1 school district may be adopted and implemented by a school
2 district other than the school district that developed the
3 program. A district school board choosing to adopt an
4 alternative certification program approved for another school
5 district shall provide written notification of such action to
6 the department. However, any modifications to an approved
7 program shall be submitted to the department for approval.
8 Each approved program must include methods for identifying
9 each applicant's entry-level teaching competencies and must
10 require each applicant to:
11 1. Have expertise in the subject and meet requirements
12 for specialization in a subject area for which a professional
13 certificate may be issued under this chapter and rules of the
14 state board.
15 2. Complete training in only those competency areas in
16 which deficiencies are identified.
17 3. Complete the program within 2 years after initial
18 employment as a member of the district's instructional staff.
19 4. Achieve passing scores on the professional
20 education competency examination required by state board rule.
21
22 Each district school board may expend educational training
23 funds provided under ss. 231.600 and 236.081 to implement the
24 provisions of this paragraph. The department must approve
25 programs and systems developed to demonstrate professional
26 preparation and education competence authorized by this
27 paragraph.
28 Section 9. Section 231.1726, Florida Statutes, is
29 created to read:
30 231.1726 Certification of adjunct educators.--
31
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1 (1) Notwithstanding the provisions of ss. 231.02,
2 231.15, and 231.17, or any other provision of law or rule to
3 the contrary, district school boards may issue an adjunct
4 teaching certificate to any applicant who fulfills the
5 requirements of s. 231.17(2)(a)-(f) and who has expertise in
6 the subject area to be taught. An applicant shall be
7 considered to have expertise in the subject area to be taught
8 if the applicant has at least a minor in the subject area or
9 demonstrates sufficient subject area mastery as determined by
10 school board policy. The adjunct teaching certificate shall be
11 used for part-time teaching positions. The intent of this
12 provision is to allow school districts to tap the wealth of
13 talent and expertise represented in Florida's citizens who may
14 wish to teach part-time in a Florida public school by
15 permitting school districts to issue adjunct certificates.
16 Adjunct certificateholders should be used as a strategy to
17 reduce the teacher shortage, thus, adjunct certificateholders
18 should supplement a school's instructional staff, not supplant
19 it. Each school principal shall assign an experienced peer
20 mentor to assist the adjunct teaching certificateholder during
21 the certificateholder's first year of teaching and an adjunct
22 certificateholder may participate in a district's new teacher
23 training program. District school boards shall provide the
24 adjunct teaching certificateholder an orientation in classroom
25 management prior to assigning the certificateholder to a
26 school. Each adjunct teaching certificate is valid for 5
27 school years and is renewable if:
28 (a) The applicant completes a minimum of 60 inservice
29 points or 3 semester hours of college credit. The earned
30 credits must include instruction in classroom management,
31 district school board procedures, school culture, and other
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1 activities that enhance the professional teaching skills of
2 the certificateholder.
3 (b) The applicant has received satisfactory
4 performance evaluations during each year of teaching under
5 adjunct teaching certification.
6 (2) Individuals who are certified and employed
7 pursuant to this section shall have the same rights and
8 protection of laws as teachers certified pursuant to s.
9 231.17.
10 Section 10. Paragraphs (a) and (c) of subsection (1)
11 and subsection (4) of section 231.262, Florida Statutes, are
12 amended, a new subsection (5) is added to said section,
13 present subsection (5) of said section is renumbered and
14 amended, and present subsections (6) through (8) of said
15 section are renumbered as subsections (7) through (9),
16 respectively, to read:
17 231.262 Complaints against teachers and
18 administrators; procedure; penalties.--
19 (1)(a) The Department of Education shall cause to be
20 investigated expeditiously any complaint filed before it or
21 otherwise called to its attention which, if legally
22 sufficient, contains grounds for the revocation or suspension
23 of a certificate or any other appropriate penalty as set forth
24 in subsection (7) (6). The complaint is legally sufficient if
25 it contains the ultimate facts which show a violation has
26 occurred as provided in s. 231.2615. The department may
27 investigate or continue to investigate and take appropriate
28 action in a complaint even though the original complainant
29 withdraws the complaint or otherwise indicates a desire not to
30 cause it to be investigated or prosecuted to completion. The
31 department may investigate or continue to investigate and take
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1 action on a complaint filed against a person whose teaching
2 certificate has expired if the act or acts which are the basis
3 for the complaint were allegedly committed while that person
4 possessed a teaching certificate.
5 (c) Each school district shall file in writing with
6 the department all legally sufficient complaints within 30
7 days after the date on which subject matter of the complaint
8 comes to the attention of the school district. The school
9 district shall include all information relating to the
10 complaint which is known to the school district at the time of
11 filing. Each district school board shall develop policies and
12 procedures to comply with this reporting requirement. The
13 district school board policies and procedures shall include
14 appropriate penalties for all personnel of the district school
15 board for nonreporting and procedures for promptly informing
16 the superintendent of schools of each legally sufficient
17 complaint. The superintendent of schools is charged with
18 knowledge of these policies and procedures. If the
19 superintendent of schools has knowledge of a legally
20 sufficient complaint and does not report the complaint, or
21 fails to enforce the policies and procedures of the district
22 school board, and fails to comply with the requirements of
23 this subsection, in addition to other actions against
24 certificateholders authorized by law, the superintendent of
25 schools shall be subject to penalties as specified in s.
26 230.33(13). This paragraph does not limit or restrict the
27 power and duty of the department to investigate complaints as
28 provided in paragraphs (a) and (b), regardless of the school
29 district's untimely filing, or failure to file, complaints and
30 followup reports.
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1 (4) The complaint and all information obtained
2 pursuant to the investigation by the department shall be
3 confidential and exempt from the provisions of s. 119.07(1)
4 until the conclusion of the preliminary investigation of the
5 complaint, until such time as the preliminary investigation
6 ceases to be active, or until such time as otherwise provided
7 by s. 231.263(6). However, the complaint and all material
8 assembled during the investigation may be inspected and copied
9 by the certificateholder under investigation, or the
10 certificateholder's designee, after the investigation is
11 concluded, but prior to the determination of probable cause by
12 the commissioner. If the preliminary investigation is
13 concluded with the finding that there is no probable cause to
14 proceed, the complaint and information shall be open
15 thereafter to inspection pursuant to s. 119.07(1). If the
16 preliminary investigation is concluded with the finding that
17 there is probable cause to proceed and a complaint is filed
18 pursuant to subsection (6) (5), the complaint and information
19 shall be open thereafter to inspection pursuant to s.
20 119.97(1). If the preliminary investigation ceases to be
21 active, the complaint and all such material shall be open
22 thereafter to inspection pursuant to s. 119.07(1), except as
23 otherwise provided pursuant to s. 231.263(6)(d). For the
24 purpose of this subsection, a preliminary investigation shall
25 be considered active as long as it is continuing with a
26 reasonable, good faith anticipation that an administrative
27 finding will be made in the foreseeable future.
28 (5) When deemed necessary to protect the health,
29 safety, and welfare of a minor student, the superintendent of
30 schools in consultation with the school principal may, and
31 upon the request of the Commissioner of Education shall,
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1 temporarily suspend a certificateholder from the
2 certificateholder's regularly assigned duties, with pay, and
3 reassign the suspended certificateholder to a position that
4 does not require direct contact with students in the district
5 school system. Such suspension shall continue until the
6 completion of the proceedings and the determination of
7 sanctions, if any, pursuant to this section and s. 231.2615.
8 (6)(5) Upon the finding of probable cause, the
9 commissioner shall file a formal complaint and prosecute the
10 complaint pursuant to the provisions of chapter 120. An
11 administrative law judge shall be assigned by the Division of
12 Administrative Hearings of the Department of Management
13 Services to hear the complaint if there are disputed issues of
14 material fact. The administrative law judge shall make
15 recommendations in accordance with the provisions of
16 subsection (7) (6) to the appropriate Education Practices
17 Commission panel which shall conduct a formal review of such
18 recommendations and other pertinent information and issue a
19 final order. The commission shall consult with its legal
20 counsel prior to issuance of a final order.
21 Section 11. Paragraph (a) of subsection (1) of section
22 231.36, Florida Statutes, is amended, and paragraph (g) is
23 added to subsection (3) of said section, to read:
24 231.36 Contracts with instructional staff,
25 supervisors, and principals.--
26 (1)(a) Each person employed as a member of the
27 instructional staff in any district school system shall be
28 properly certificated pursuant to s. 231.17 or s. 231.1726 or
29 employed pursuant to s. 231.1725 and shall be entitled to and
30 shall receive a written contract as specified in chapter 230.
31 All such contracts, except continuing contracts as specified
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1 in subsection (4), shall contain provisions for dismissal
2 during the term of the contract only for just cause. Just
3 cause includes, but is not limited to, the following
4 instances, as defined by rule of the State Board of Education:
5 misconduct in office, incompetency, gross insubordination,
6 willful neglect of duty, or conviction of a crime involving
7 moral turpitude.
8 (3)
9 (g) Beginning July 1, 2001, for each employee who
10 enters into a written contract, pursuant to this section, in a
11 school district in which the employee was not employed as of
12 June 30, 2001, for purposes of pay a school board must
13 recognize and accept each year of full-time teaching service
14 for which the employee received a satisfactory performance
15 evaluation. This provision is not intended to interfere with
16 the operation of a collective bargaining agreement except to
17 the extent it requires the agreement to treat years of
18 teaching experience out of the district the same as years of
19 teaching experience within the district. Instructional
20 personnel employed pursuant to s. 121.091(9)(b)3. are exempt
21 from the provisions of this paragraph.
22 Section 12. Subsections (5) and (6) of section
23 231.6135, Florida Statutes, are amended to read:
24 231.6135 Statewide system for inservice professional
25 development.--The intent of this section is to establish a
26 statewide system of professional development that provides a
27 wide range of targeted inservice training to teachers,
28 managers, and administrative personnel designed to upgrade
29 skills and knowledge needed to reach world class standards in
30 education. The system shall consist of a network of
31 professional development academies in each region of the state
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1 that are operated in partnership with area business partners
2 to develop and deliver high-quality training programs
3 purchased by school districts. The academies shall be
4 established to meet the human resource development needs of
5 professional educators, schools, and school districts. Funds
6 appropriated for the initiation of professional development
7 academies shall be allocated by the Commissioner of Education,
8 unless otherwise provided in an appropriations act. To be
9 eligible for startup funds, the academy must:
10 (5) Be operated under contract with its public
11 partners and governed by an independent board of directors,
12 which should include at least one superintendent of schools
13 and one district school board chair from the participating
14 school districts, the president of the collective bargaining
15 unit that represents the majority of the region's teachers,
16 and at least three individuals who are not employees or
17 elected or appointed officials of the participating school
18 districts. Regional educational consortia as defined in s.
19 228.0857 satisfy the requirements of this subsection.
20 (6) Be financed during the first year of operation by
21 an equal or greater match from private funding sources and
22 demonstrate the ability to be self-supporting within 1 year
23 after opening through fees for services, grants, or private
24 contributions. Regional educational consortia as defined in s.
25 228.0857 which serve rural areas of critical economic concern
26 are exempt from the funding match required by this subsection.
27 Section 13. Subsection (2) of section 231.625, Florida
28 Statutes, is amended to read:
29 231.625 Teacher recruitment and retention.--
30 (2) The Department of Education shall:
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1 (a) Develop and implement a system for posting
2 teaching vacancies and establish a database of teacher
3 applicants that is accessible within and outside the state
4 Advertise teacher positions in targeted states.
5 (b) Advertise in major newspapers, national
6 professional publications, and other professional publications
7 and in schools of education.
8 (c) Utilize state and nationwide toll-free numbers.
9 (d) Develop standardized resumes for teacher applicant
10 data.
11 (d)(e) Conduct periodic communications with district
12 personnel directors regarding applicants.
13 (e)(f) Provide district access to the applicant
14 database by computer or telephone.
15 (f)(g) Develop and distribute promotional materials
16 related to teaching as a career.
17 (g)(h) Publish and distribute information pertaining
18 to employment opportunities, application procedures, teacher
19 certification, and teacher salaries.
20 (h)(i) Provide information related to certification
21 procedures.
22 (i)(j) Develop and sponsor the Florida Future Educator
23 of America Program throughout the state.
24 (j) Develop, in consultation with school district
25 staff including, but not limited to, superintendents, school
26 board members, and district human resources personnel, a
27 long-range plan for educator recruitment and retention. The
28 plan shall be submitted to the Legislature, the Governor, and
29 school districts no later than August 1, 2001.
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1 (k) Identify best practices for retaining high-quality
2 teachers Review and recommend to the Legislature and school
3 districts incentives for attracting teachers to this state.
4 (l) Develop, in consultation with Workforce Florida,
5 Inc., and the Agency for Workforce Innovation, created
6 pursuant to ss. 445.004 and 20.50, respectively, a plan for
7 accessing and identifying available resources in the state's
8 workforce system for the purpose of enhancing teacher
9 recruitment and retention. The plan shall be submitted to the
10 Governor, the President of the Senate, the Speaker of the
11 House of Representatives, and each school district no later
12 than August 1, 2001.
13 Section 14. Paragraphs (b) through (e) of subsection
14 (3) of section 231.700, Florida Statutes, are amended to read:
15 231.700 Florida Mentor Teacher School Pilot Program.--
16 (3) The five teacher career development positions and
17 minimum requirements are:
18 (b) Associate teacher.--An associate teacher must hold
19 a bachelor's degree from an institution of higher learning and
20 a valid Florida professional teaching certificate as provided
21 by s. 231.17.
22 (c) Teacher.--A teacher must hold a bachelor's degree
23 or higher from an institution of higher learning and a valid
24 Florida professional teaching certificate, have a minimum of 3
25 years' full-time teaching experience, document satisfactory
26 teaching performance, and document evidence of positive
27 student learning gains, when that data become becomes
28 available.
29 (d) Lead teacher.--A lead teacher must hold a
30 bachelor's degree or higher from an institution of higher
31 learning and a valid Florida professional teaching
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1 certificate, have a minimum of 3 years' full-time teaching
2 experience, document exemplary teaching performance, and
3 document evidence of significant positive student learning
4 gains, when that data become becomes available. A lead teacher
5 shall provide intensive support for associate teachers and
6 teachers.
7 (e) Mentor teacher.--A mentor teacher must:
8 1. Hold a bachelor's degree or higher from an
9 institution of higher learning and a valid Florida
10 professional teaching certificate.;
11 2. Have a minimum of 5 years' full-time teaching
12 experience.;
13 3. Document exemplary teaching performance.;
14 4. Document evidence of significant positive student
15 learning gains, when that data become becomes available.;
16 5. Hold a valid National Board for Professional
17 Teaching Standards certificate; have been selected as a
18 school, district, or state teacher of the year;, or hold an
19 equivalent status as determined by the commissioner.; and
20 6. Demonstrate expertise as a staff developer.
21 Section 15. Paragraph (d) of subsection (2) of section
22 236.08106, Florida Statutes, is amended to read:
23 236.08106 Excellent Teaching Program.--
24 (2) The Excellent Teaching Program is created to
25 provide categorical funding for monetary incentives and
26 bonuses for teaching excellence. The Department of Education
27 shall distribute to each school district or to the NBPTS an
28 amount as prescribed annually by the Legislature for the
29 Excellent Teaching Program. For purposes of this section, the
30 Florida School for the Deaf and the Blind shall be considered
31 a school district. Unless otherwise provided in the General
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1 Appropriations Act, each distribution shall be the sum of the
2 amounts earned for the following incentives and bonuses:
3 (d) An annual bonus equal to 10 percent of the prior
4 fiscal year's statewide average salary for classroom teachers
5 to be distributed to the school district to be paid to each
6 individual who meets the requirements of paragraph (c) and
7 agrees, in writing, to provide the equivalent of 12 workdays
8 of mentoring and related services to public school teachers
9 within the state who do not hold NBPTS certification. The
10 district school board shall distribute the annual bonus in a
11 single payment following the completion of all required
12 mentoring and related services for the year. It is not the
13 intent of the Legislature to remove excellent teachers from
14 their assigned classrooms; therefore, credit may not be
15 granted by a school district or public school for mentoring or
16 related services provided during student contact time the
17 regular school day or during the 196 days of required service
18 for the school year.
19
20 A teacher for whom the state pays the certification fee and
21 who does not complete the certification program or does not
22 teach in a public school of this state for at least 1 year
23 after completing the certification program must repay the
24 amount of the certification fee to the state. However, a
25 teacher who completes the certification program but fails to
26 be awarded NBPTS certification is not required to repay the
27 amount of the certification fee if the teacher meets the
28 1-year teaching requirement. Repayment is not required of a
29 teacher who does not complete the certification program or
30 fails to fulfill the teaching requirement because of the
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1 teacher's death or disability or because of other extenuating
2 circumstances as determined by the State Board of Education.
3 Section 16. Subsection (10) of section 231.261,
4 Florida Statutes, is amended to read:
5 231.261 Education Practices Commission;
6 organization.--
7 (10) The commission shall be financed from the
8 following: certification fees; fines, penalties, and costs
9 collected pursuant to s. 231.262(9)(8); and general revenue.
10 Section 17. Paragraph (f) of subsection (3) of section
11 230.2305, Florida Statutes, is amended to read:
12 230.2305 Prekindergarten early intervention program.--
13 (3) STANDARDS.--
14 (f) All staff must meet the following minimum
15 requirements:
16 1. The minimum level of training is to be the
17 completion of a 30-clock-hour training course planned jointly
18 by the Department of Education and the Department of Children
19 and Family Services to include the following areas: state and
20 local rules that govern child care, health, safety, and
21 nutrition; identification and report of child abuse and
22 neglect; child growth and development; use of developmentally
23 appropriate early childhood curricula; and avoidance of
24 income-based, race-based, and gender-based stereotyping.
25 2. When individual classrooms are staffed by certified
26 teachers, those teachers must be certified for the appropriate
27 grade levels under s. 231.17 and State Board of Education
28 rules. Teachers who are not certified for the appropriate
29 grade levels must obtain proper certification within 2 years.
30 However, the commissioner may make an exception on an
31 individual basis when the requirements are not met because of
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1 serious illness, injury, or other extraordinary, extenuating
2 circumstance.
3 3. When individual classrooms are staffed by
4 noncertified teachers, there must be a program director or
5 lead teacher who is eligible for certification or certified
6 for the appropriate grade levels pursuant to s. 231.17 and
7 State Board of Education rules in regularly scheduled direct
8 contact with each classroom. Notwithstanding s. 231.15, such
9 classrooms must be staffed by at least one person who has, at
10 a minimum, a child development associate credential (CDA) or
11 an amount of training determined by the commissioner to be
12 equivalent to or to exceed the minimum, such as an associate
13 in science degree in the area of early childhood education.
14 4. Principals and other school district administrative
15 and supervisory personnel with direct responsibility for the
16 program must demonstrate knowledge of prekindergarten
17 education programs that increase children's chances of
18 achieving future educational success and becoming productive
19 members of society in a manner established by the State Board
20 of Education by rule.
21 5. All personnel who are not certified under s. 231.17
22 or s. 231.1726 must comply with screening requirements under
23 s. 231.02.
24 Section 18. Section 231.045, Florida Statutes, is
25 amended to read:
26 231.045 Periodic criminal history record checks.--In
27 cooperation with the Florida Department of Law Enforcement,
28 the department may periodically perform a criminal history
29 record check on individuals who hold a certificate pursuant to
30 s. 231.17 or s. 231.1726.
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1 Section 19. Subsection (1) of section 231.1725,
2 Florida Statutes, is amended to read:
3 231.1725 Employment of substitute teachers, teachers
4 of adult education, nondegreed teachers of career education,
5 and career specialists; students performing clinical field
6 experience.--
7 (1) Notwithstanding ss. 231.02, 231.15, and 231.17,
8 and 231.1726, or any other provision of law or rule to the
9 contrary, each district school board shall establish the
10 minimal qualifications for:
11 (a) Substitute teachers to be employed pursuant to s.
12 231.47. The qualifications shall require the filing of a
13 complete set of fingerprints in the same manner as required by
14 s. 231.02.
15 (b) Part-time and full-time teachers in adult
16 education programs. The qualifications shall require the
17 filing of a complete set of fingerprints in the same manner as
18 required by s. 231.02. Faculty employed solely to conduct
19 postsecondary instruction may be exempted from this
20 requirement.
21 (c) Part-time and full-time nondegreed teachers of
22 vocational programs. Qualifications shall be established for
23 agriculture, business, health occupations, family and consumer
24 sciences, industrial, marketing, career specialist, and public
25 service education teachers, based primarily on successful
26 occupational experience rather than academic training. The
27 qualifications for such teachers shall require:
28 1. The filing of a complete set of fingerprints in the
29 same manner as required by s. 231.02. Faculty employed solely
30 to conduct postsecondary instruction may be exempted from this
31 requirement.
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1 2. Documentation of education and successful
2 occupational experience including documentation of:
3 a. A high school diploma or the equivalent.
4 b. Completion of 6 years of full-time successful
5 occupational experience or the equivalent of part-time
6 experience in the teaching specialization area. Alternate
7 means of determining successful occupational experience may be
8 established by the district school board.
9 c. Completion of career education training conducted
10 through the local school district inservice master plan.
11 d. For full-time teachers, completion of professional
12 education training in teaching methods, course construction,
13 lesson planning and evaluation, and teaching special needs
14 students. This training may be completed through coursework
15 from a standard institution or an approved district teacher
16 education program.
17 e. Demonstration of successful teaching performance.
18 Section 20. Subsection (1) of section 231.471, Florida
19 Statutes, is amended to read:
20 231.471 Part-time teachers.--
21 (1) District school boards may hire certified and
22 qualified personnel as provided in ss. s. 231.1725 and
23 231.1726 to teach a specified number of periods, which may be
24 less than a full school day or less than a full school year.
25 Section 21. Paragraph (a) of subsection (3) of section
26 232.435, Florida Statutes, is amended to read:
27 232.435 Extracurricular athletic activities; athletic
28 trainers.--
29 (3)(a) To the extent practicable, a school district
30 program should include the following employment classification
31 and advancement scheme:
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1 1. Teacher apprentice trainer I.--To qualify as a
2 teacher apprentice trainer I, a person must possess a
3 professional, temporary, part-time, adjunct, or substitute
4 certificate pursuant to s. 231.17 or s. 231.1726, be certified
5 in first aid and cardiopulmonary resuscitation, and have
6 earned a minimum of 6 semester hours or the equivalent number
7 of inservice education points in the basic prevention and care
8 of athletic injuries.
9 2. Teacher apprentice trainer II.--To qualify as a
10 teacher apprentice trainer II, a person must meet the
11 requirements of teacher apprentice trainer I and also have
12 earned a minimum of 15 additional semester hours or the
13 equivalent number of inservice education points in such
14 courses as anatomy, physiology, use of modalities, nutrition,
15 counseling, and other courses approved by the Commissioner of
16 Education.
17 3. Teacher athletic trainer.--To qualify as a teacher
18 athletic trainer, a person must meet the requirements of
19 teacher apprentice trainer II, be certified by the Department
20 of Education or a nationally recognized athletic trainer
21 association, and perform one or more of the following
22 functions: preventing athletic injuries; recognizing,
23 evaluating, managing, treating, and rehabilitating athletic
24 injuries; administering an athletic training program; and
25 educating and counseling athletes.
26 Section 22. Subsection (10) of section 240.529,
27 Florida Statutes, is renumbered as subsection (11) and a new
28 subsection (10) is added to said section to read:
29 240.529 Public accountability and state approval for
30 teacher preparation programs.--
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1 (10) TEACHER EDUCATION PILOT PROGRAMS FOR
2 HIGH-ACHIEVING STUDENTS.--Pilot teacher preparation programs
3 shall be established at the University of Central Florida, the
4 University of North Florida, and the University of South
5 Florida. These programs shall include a year-long paid
6 teaching assignment and competency-based learning experiences
7 and shall be designed to encourage high-achieving students, as
8 identified by the institution, to pursue a career in
9 education. Students chosen to participate in the pilot
10 programs shall agree to teach for at least 1 year after they
11 receive their degrees. Criteria for identifying
12 high-achieving students shall be developed by the institution
13 and shall include, at a minimum, requirements that the student
14 have a 3.3 grade point average or above and that the student
15 has demonstrated mastery of general knowledge pursuant to s.
16 231.17(2)(g). The year-long paid teaching assignment shall
17 begin after completion of the equivalent of 3 years of the
18 university teacher preparation program.
19 (a) Each pilot program shall be designed to include:
20 1. A year-long paid teaching assignment at a specified
21 school site during the fourth year of the university teacher
22 preparation program, which includes intense supervision by a
23 support team trained in clinical education. The support team
24 shall include a university supervisor and experienced
25 school-based mentors. A mentor teacher shall be assigned to
26 each fourth year employed teacher to implement an
27 individualized learning plan. This mentor teacher will be
28 considered an adjunct professor for purposes of this program
29 and may receive credit for time spent as a mentor teacher in
30 the program. The mentor teacher must have a master's degree
31 or above, a minimum of 3 years of teaching experience, and
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1 clinical education training or certification by the National
2 Board of Professional Teaching Standards. Experiences and
3 instruction may be delivered by other mentors, assigned
4 teachers, professors, individualized learning, and
5 demonstrations. Students in this paid teaching assignment
6 shall assume full responsibility of all teaching duties.
7 2. Professional education curriculum requirements that
8 address the educator-accomplished practices and other
9 competencies specified in state board rule.
10 3. A modified instructional delivery system that
11 provides onsite training during the paid teaching assignment
12 in the professional education areas and competencies specified
13 in this subsection. The institutions participating in this
14 pilot program shall be given a waiver to provide a modified
15 instructional delivery system meeting criteria that allows
16 earned credit through nontraditional approaches. The modified
17 system may provide for an initial evaluation of the
18 candidate's competencies to determine an appropriate
19 individualized professional development plan and may provide
20 for earned credit by:
21 a. Internet learning and competency acquisition.
22 b. Learning acquired by observing demonstrations and
23 being observed in application.
24 c. Independent study or instruction by mentor teachers
25 or adjunct teachers.
26 4. Satisfactory demonstration of the
27 educator-accomplished practices and content area competencies
28 for program completion.
29 5. For program completion, required achievement of
30 passing scores on all tests required for certification by
31 State Board of Education rules.
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1 (b) Beginning in July 2003, each institution
2 participating in the pilot program shall submit to the
3 Commissioner of Education an annual report evaluating the
4 effectiveness of the program. The report shall include, but
5 shall not be limited to, the number of students selected for
6 the pilot program, the number of students successfully
7 completing the pilot program, the number of program
8 participants who passed all required examinations, the number
9 of program participants who successfully demonstrated all
10 required competencies, and a followup study to determine the
11 number of pilot program completers who were employed in a
12 teaching position and employers' satisfaction with the
13 performance of pilot program completers.
14 (c) This subsection shall be implemented to the extent
15 specifically funded in the General Appropriations Act.
16 Section 23. This act shall take effect July 1, 2001.
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