Senate Bill sb1704

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    Florida Senate - 2001                                  SB 1704

    By Senator Sullivan





    22-1230-01                                              See HB

  1                      A bill to be entitled

  2         An act relating to teacher quality; amending s.

  3         121.091, F.S.; revising provisions relating to

  4         the reemployment of retired members of the

  5         Florida Retirement System as school district

  6         personnel; amending s. 228.041, F.S.; revising

  7         the definition of "other instructional staff"

  8         to include adjunct educators; amending s.

  9         230.23, F.S.; prohibiting a district school

10         board from assigning any instructional

11         personnel to a school unless the principal of

12         that school approves the assignment; deleting

13         provisions relating to salary supplements

14         provided to teachers selected to teach at

15         certain low-performing schools; amending s.

16         230.33, F.S.; prohibiting a superintendent of

17         schools from recommending the assignment of any

18         instructional personnel to a school unless the

19         principal of that school approves the

20         assignment; amending s. 231.17, F.S.;

21         authorizing the use of an approved alternative

22         certification program by a district other than

23         that which developed the program, upon

24         notification to the department and approval of

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

26         providing for certification of adjunct

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

28         each district school board to develop policies

29         and procedures relating to the reporting of

30         complaints against teachers; charging the

31         superintendent of schools with knowledge of

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    Florida Senate - 2001                                  SB 1704
    22-1230-01                                              See HB




  1         such policies and procedures; stating that a

  2         superintendent is presumed to have knowledge of

  3         each legally sufficient complaint; authorizing

  4         the withholding of discretionary funds from a

  5         school district, and the imposition and

  6         collection of fines against a school district

  7         and superintendent, for noncompliance;

  8         authorizing the temporary suspension of a

  9         teaching certificate pending the completion of

10         proceedings in order to protect the health,

11         safety, and welfare of students; conforming

12         cross-references; amending s. 231.36, F.S.;

13         including adjunct educators in provisions

14         relating to contracts with instructional staff;

15         requiring a school board, subject to applicable

16         collective bargaining requirements, to

17         recognize and accept years of satisfactory

18         performance for purposes of pay and retirement;

19         amending s. 231.625, F.S.; requiring the

20         Department of Education to develop and

21         implement a system for posting teaching

22         vacancies, establish a database of teacher

23         applicants, develop a long-range plan for

24         educator recruitment and retention, and

25         identify best practices for retaining

26         high-quality teachers; deleting the requirement

27         that the department develop standardized

28         resumes for teacher applicant data and review

29         and recommend to the Legislature and school

30         districts incentives for attracting teachers to

31         Florida; creating s. 231.675, F.S.;

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    Florida Senate - 2001                                  SB 1704
    22-1230-01                                              See HB




  1         establishing the advanced placement instruction

  2         bonus program; specifying amounts of bonuses;

  3         limiting the amount awarded to a teacher

  4         annually; providing an appropriation; amending

  5         s. 231.700, F.S.; revising the Florida Mentor

  6         Teacher School Pilot Program to conform

  7         terminology; clarifying requirements for mentor

  8         teachers; repealing s. 236.081(1)(k) and (m),

  9         F.S., relating to calculations of additional

10         full-time equivalent membership based on

11         international baccalaureate examination scores

12         of students and based on college board advanced

13         placement scores of students; amending s.

14         236.08106, F.S.; clarifying requirements

15         relating to the amount of required mentoring or

16         related services for receipt of an Excellent

17         Teaching Program bonus; amending s. 231.261,

18         F.S.; conforming a cross-reference; amending

19         ss. 230.2305, 231.045, 231.1725, 231.36,

20         231.471, 232.435, F.S., relating to standards

21         for staff of prekindergarten early intervention

22         programs; periodic criminal history record

23         checks; employment of substitute teachers,

24         teachers of adult education, nondegreed

25         teachers of career education, and career

26         specialists; professional service contracts;

27         part-time teachers; and athletic trainers,

28         respectively; revising provisions to include

29         adjunct educators; providing an effective date.

30

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

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    Florida Senate - 2001                                  SB 1704
    22-1230-01                                              See HB




  1         Section 1.  Paragraph (b) of subsection (9) of section

  2  121.091, Florida Statutes, is amended to read:

  3         121.091  Benefits payable under the system.--Benefits

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

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

  6  begun participation in the Deferred Retirement Option Program

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

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

  9  department may cancel an application for retirement benefits

10  when the member or beneficiary fails to timely provide the

11  information and documents required by this chapter and the

12  department's rules. The department shall adopt rules

13  establishing procedures for application for retirement

14  benefits and for the cancellation of such application when the

15  required information or documents are not received.

16         (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--

17         (b)1.  Any person who is retired under this chapter,

18  except under the disability retirement provisions of

19  subsection (4), may be reemployed by any private or public

20  employer after retirement and receive retirement benefits and

21  compensation from his or her employer without any limitations,

22  except that a person, with the exception of school district

23  instructional personnel, as defined by s. 228.041(9)(a)-(d)

24  and administrative personnel as defined by s. 228.041(10) who

25  shall be reemployed pursuant to subparagraph 3., may not

26  receive both a salary from reemployment with any agency

27  participating in the Florida Retirement System and retirement

28  benefits under this chapter for a period of 12 months

29  immediately subsequent to the date of retirement. However, a

30  DROP participant shall continue employment and receive a

31

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    Florida Senate - 2001                                  SB 1704
    22-1230-01                                              See HB




  1  salary during the period of participation in the Deferred

  2  Retirement Option Program, as provided in subsection (13).

  3         2.  Any person to whom the limitation in subparagraph

  4  1. applies who violates such reemployment limitation and who

  5  is reemployed with any agency participating in the Florida

  6  Retirement System before completion of the 12-month limitation

  7  period shall give timely notice of this fact in writing to the

  8  employer and to the division and shall have his or her

  9  retirement benefits suspended for the balance of the 12-month

10  limitation period.  Any person employed in violation of this

11  paragraph and any employing agency which knowingly employs or

12  appoints such person without notifying the Division of

13  Retirement to suspend retirement benefits shall be jointly and

14  severally liable for reimbursement to the retirement trust

15  fund of any benefits paid during the reemployment limitation

16  period.  To avoid liability, such employing agency shall have

17  a written statement from the retiree that he or she is not

18  retired from a state-administered retirement system.  Any

19  retirement benefits received while reemployed during this

20  reemployment limitation period shall be repaid to the

21  retirement trust fund, and retirement benefits shall remain

22  suspended until such repayment has been made.  Benefits

23  suspended beyond the reemployment limitation shall apply

24  toward repayment of benefits received in violation of the

25  reemployment limitation.

26         3.a.  A district school board may reemploy a retired

27  member who was not previously employed as part of full-time

28  instructional personnel as defined by s. 228.041(9)(a)-(d) or

29  full-time administrative personnel as defined in s.

30  228.041(10) as a substitute or hourly teacher, education

31  paraprofessional, transportation assistant, bus driver, or

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    Florida Senate - 2001                                  SB 1704
    22-1230-01                                              See HB




  1  food service worker on a noncontractual basis after he or she

  2  has been retired for 1 calendar month, in accordance with s.

  3  121.021(39).  Any retired member who is reemployed pursuant to

  4  this sub-subparagraph within 1 calendar month after retirement

  5  shall void his or her application for retirement benefits.

  6  District school boards reemploying such teachers, education

  7  paraprofessionals, transportation assistants, bus drivers, or

  8  food service workers are subject to the retirement

  9  contribution required by subparagraph 7.  Reemployment of a

10  retired member pursuant to this sub-subparagraph as a

11  substitute or hourly teacher, education paraprofessional,

12  transportation assistant, bus driver, or food service worker

13  is limited to 780 hours during the first 12 months of his or

14  her retirement.  Any retired member reemployed pursuant to

15  this sub-subparagraph for more than 780 hours during his or

16  her first 12 months of retirement shall give timely notice in

17  writing to the employer and to the division of the date he or

18  she will exceed the limitation.  The division shall suspend

19  his or her retirement benefits for the remainder of the first

20  12 months of retirement.  Any person employed in violation of

21  this subparagraph and any employing agency which knowingly

22  employs or appoints such person without notifying the Division

23  of Retirement to suspend retirement benefits shall be jointly

24  and severally liable for reimbursement to the retirement trust

25  fund of any benefits paid during the reemployment limitation

26  period.  To avoid liability, such employing agency shall have

27  a written statement from the retiree that he or she is not

28  retired from a state-administered retirement system.  Any

29  retirement benefits received by a retired member while

30  reemployed, pursuant to this sub-subparagraph, in excess of

31  780 hours during the first 12 months of retirement shall be

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    Florida Senate - 2001                                  SB 1704
    22-1230-01                                              See HB




  1  repaid to the Retirement System Trust Fund, and his or her

  2  retirement benefits shall remain suspended until repayment is

  3  made.  Benefits suspended beyond the end of the retired

  4  member's first 12 months of retirement shall apply toward

  5  repayment of benefits received in violation of the 780-hour

  6  reemployment limitation.

  7         b.  A district school board may reemploy a retired

  8  member who was previously employed as part of full-time

  9  instructional personnel as defined by s. 228.041(9)(a)-(d) or

10  full-time administrative personnel as defined by s.

11  228.041(10) as part of part-time or full-time instructional

12  personnel as defined by s. 228.041(9)(a)-(d) or part-time or

13  full-time administrative personnel as defined by s.

14  228.041(10) after he or she has been retired for 1 calendar

15  month, in accordance with s. 121.021(39). Any retired member

16  who is reemployed pursuant to this sub-subparagraph within 1

17  calendar month after retirement shall void his or her

18  application for retirement benefits. District school boards

19  reemploying such instructional or administrative personnel are

20  subject to the retirement contribution required by

21  subparagraph 7.

22         4.  A community college board of trustees may reemploy

23  a retired member as an adjunct instructor, that is, an

24  instructor who is noncontractual and part-time, or as a

25  participant in a phased retirement program within the Florida

26  Community College System, after he or she has been retired for

27  1 calendar month, in accordance with s. 121.021(39).  Any

28  retired member who is reemployed within 1 calendar month after

29  retirement shall void his or her application for retirement

30  benefits.  Boards of trustees reemploying such instructors are

31  subject to the retirement contribution required in

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    Florida Senate - 2001                                  SB 1704
    22-1230-01                                              See HB




  1  subparagraph 7.  A retired member may be reemployed as an

  2  adjunct instructor for no more than 780 hours during the first

  3  12 months of retirement.  Any retired member reemployed for

  4  more than 780 hours during the first 12 months of retirement

  5  shall give timely notice in writing to the employer and to the

  6  division of the date he or she will exceed the limitation.

  7  The division shall suspend his or her retirement benefits for

  8  the remainder of the first 12 months of retirement.  Any

  9  person employed in violation of this subparagraph and any

10  employing agency which knowingly employs or appoints such

11  person without notifying the Division of Retirement to suspend

12  retirement benefits shall be jointly and severally liable for

13  reimbursement to the retirement trust fund of any benefits

14  paid during the reemployment limitation period.  To avoid

15  liability, such employing agency shall have a written

16  statement from the retiree that he or she is not retired from

17  a state-administered retirement system.  Any retirement

18  benefits received by a retired member while reemployed in

19  excess of 780 hours during the first 12 months of retirement

20  shall be repaid to the Retirement System Trust Fund, and

21  retirement benefits shall remain suspended until repayment is

22  made.  Benefits suspended beyond the end of the retired

23  member's first 12 months of retirement shall apply toward

24  repayment of benefits received in violation of the 780-hour

25  reemployment limitation.

26         5.  The State University System may reemploy a retired

27  member as an adjunct faculty member or as a participant in a

28  phased retirement program within the State University System

29  after the retired member has been retired for 1 calendar

30  month, in accordance with s. 121.021(39).  Any retired member

31  who is reemployed within 1 calendar month after retirement

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    Florida Senate - 2001                                  SB 1704
    22-1230-01                                              See HB




  1  shall void his or her application for retirement benefits.

  2  The State University System is subject to the retired

  3  contribution required in subparagraph 7., as appropriate. A

  4  retired member may be reemployed as an adjunct faculty member

  5  or a participant in a phased retirement program for no more

  6  than 780 hours during the first 12 months of his or her

  7  retirement.  Any retired member reemployed for more than 780

  8  hours during the first 12 months of retirement shall give

  9  timely notice in writing to the employer and to the division

10  of the date he or she will exceed the limitation.  The

11  division shall suspend his or her retirement benefits for the

12  remainder of the first 12 months of retirement.  Any person

13  employed in violation of this subparagraph and any employing

14  agency which knowingly employs or appoints such person without

15  notifying the Division of Retirement to suspend retirement

16  benefits shall be jointly and severally liable for

17  reimbursement to the retirement trust fund of any benefits

18  paid during the reemployment limitation period.  To avoid

19  liability, such employing agency shall have a written

20  statement from the retiree that he or she is not retired from

21  a state-administered retirement system.  Any retirement

22  benefits received by a retired member while reemployed in

23  excess of 780 hours during the first 12 months of retirement

24  shall be repaid to the Retirement System Trust Fund, and

25  retirement benefits shall remain suspended until repayment is

26  made.  Benefits suspended beyond the end of the retired

27  member's first 12 months of retirement shall apply toward

28  repayment of benefits received in violation of the 780-hour

29  reemployment limitation.

30         6.  The Board of Trustees of the Florida School for the

31  Deaf and the Blind may reemploy a retired member as a

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    Florida Senate - 2001                                  SB 1704
    22-1230-01                                              See HB




  1  substitute teacher, substitute residential instructor, or

  2  substitute nurse on a noncontractual basis after he or she has

  3  been retired for 1 calendar month, in accordance with s.

  4  121.021(39).  Any retired member who is reemployed within 1

  5  calendar month after retirement shall void his or her

  6  application for retirement benefits. The Board of Trustees of

  7  the Florida School for the Deaf and the Blind reemploying such

  8  teachers, residential instructors, or nurses is subject to the

  9  retirement contribution required by subparagraph 7.

10  Reemployment of a retired member as a substitute teacher,

11  substitute residential instructor, or substitute nurse is

12  limited to 780 hours during the first 12 months of his or her

13  retirement.  Any retired member reemployed for more than 780

14  hours during the first 12 months of retirement shall give

15  timely notice in writing to the employer and to the division

16  of the date he or she will exceed the limitation. The division

17  shall suspend his or her retirement benefits for the remainder

18  of the first 12 months of retirement.  Any person employed in

19  violation of this subparagraph and any employing agency which

20  knowingly employs or appoints such person without notifying

21  the Division of Retirement to suspend retirement benefits

22  shall be jointly and severally liable for reimbursement to the

23  retirement trust fund of any benefits paid during the

24  reemployment limitation period.  To avoid liability, such

25  employing agency shall have a written statement from the

26  retiree that he or she is not retired from a

27  state-administered retirement system.  Any retirement benefits

28  received by a retired member while reemployed in excess of 780

29  hours during the first 12 months of retirement shall be repaid

30  to the Retirement System Trust Fund, and his or her retirement

31  benefits shall remain suspended until payment is made.

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    Florida Senate - 2001                                  SB 1704
    22-1230-01                                              See HB




  1  Benefits suspended beyond the end of the retired member's

  2  first 12 months of retirement shall apply toward repayment of

  3  benefits received in violation of the 780-hour reemployment

  4  limitation.

  5         7.  The employment by an employer of any retiree or

  6  DROP participant of any state-administered retirement system

  7  shall have no effect on the average final compensation or

  8  years of creditable service of the retiree or DROP

  9  participant.  Prior to July 1, 1991, upon employment of any

10  person, other than an elected officer as provided in s.

11  121.053, who has been retired under any state-administered

12  retirement program, the employer shall pay retirement

13  contributions in an amount equal to the unfunded actuarial

14  liability portion of the employer contribution which would be

15  required for regular members of the Florida Retirement System.

16  Effective July 1, 1991, contributions shall be made as

17  provided in s. 121.122 for retirees with renewed membership or

18  subsection (13) with respect to DROP participants.

19         8.  Any person who has previously retired and who is

20  holding an elective public office or an appointment to an

21  elective public office eligible for the Elected Officers'

22  Class on or after July 1, 1990, shall be enrolled in the

23  Florida Retirement System as provided in s. 121.053(1)(b) or,

24  if holding an elective public office that does not qualify for

25  the Elected Officers' Class on or after July 1, 1991, shall be

26  enrolled in the Florida Retirement System as provided in s.

27  121.122, and shall continue to receive retirement benefits as

28  well as compensation for the elected officer's service for as

29  long as he or she remains in elective office. However, any

30  retired member who served in an elective office prior to July

31  1, 1990, suspended his or her retirement benefit, and had his

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    Florida Senate - 2001                                  SB 1704
    22-1230-01                                              See HB




  1  or her Florida Retirement System membership reinstated shall,

  2  upon retirement from such office, have his or her retirement

  3  benefit recalculated to include the additional service and

  4  compensation earned.

  5         9.  Any person who is holding an elective public office

  6  which is covered by the Florida Retirement System and who is

  7  concurrently employed in nonelected covered employment may

  8  elect to retire while continuing employment in the elective

  9  public office, provided that he or she shall be required to

10  terminate his or her nonelected covered employment.  Any

11  person who exercises this election shall receive his or her

12  retirement benefits in addition to the compensation of the

13  elective office without regard to the time limitations

14  otherwise provided in this subsection.  No person who seeks to

15  exercise the provisions of this subparagraph, as the same

16  existed prior to May 3, 1984, shall be deemed to be retired

17  under those provisions, unless such person is eligible to

18  retire under the provisions of this subparagraph, as amended

19  by chapter 84-11, Laws of Florida.

20         10.  The limitations of this paragraph apply to

21  reemployment in any capacity with an "employer" as defined in

22  s. 121.021(10), irrespective of the category of funds from

23  which the person is compensated.

24         11.  From July 1, 1997, through December 31, 1998,

25  notwithstanding the limitations of this subsection, except

26  that any retiree who is reemployed within 1 calendar month

27  after retirement shall void his or her application for

28  retirement benefits, any retiree of the Florida Retirement

29  System may be reemployed by a covered employer during the 2nd

30  through 12th months of the reemployment limitation period

31  without suspending his or her retirement benefits, provided

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    Florida Senate - 2001                                  SB 1704
    22-1230-01                                              See HB




  1  that the reemployment is for the sole purpose of working on

  2  the technical aspects of correcting or replacing the computer

  3  systems and programs necessary to resolve the year 2000 date

  4  problem for computing which confronts all public employers

  5  covered by the Florida Retirement System.

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

  7  228.041, Florida Statutes, is amended to read:

  8         228.041  Definitions.--Specific definitions shall be as

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

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

11         (9)  INSTRUCTIONAL PERSONNEL.--"Instructional

12  personnel" means any staff member whose function includes the

13  provision of direct instructional services to students.

14  Instructional personnel also includes personnel whose

15  functions provide direct support in the learning process of

16  students.  Included in the classification of instructional

17  personnel are:

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

19  staff are staff members who are part of the instructional

20  staff but are not classified in one of the categories

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

22  classification are primary specialists, learning resource

23  specialists, instructional trainers, adjunct educators

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

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

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

27  Statutes, are amended to read:

28         230.23  Powers and duties of school board.--The school

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

30  perform all duties listed below:

31

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    Florida Senate - 2001                                  SB 1704
    22-1230-01                                              See HB




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

  2  prescribe qualifications for those positions, and provide for

  3  the appointment, compensation, promotion, suspension, and

  4  dismissal of employees as follows, subject to the requirements

  5  of chapter 231:

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

  7  upon written recommendations submitted by the superintendent

  8  of schools for positions to be filled and for minimum

  9  qualifications for personnel for the various positions and act

10  upon written nominations of persons to fill such positions.

11  The superintendent of schools' recommendations for filling

12  institutional positions at the school level must consider

13  nominations received from school principals of the respective

14  schools. The district school board shall not assign any

15  instructional personnel to a school unless the principal of

16  that school approves the assignment. The district school board

17  may reject for good cause any employee nominated. If the third

18  nomination by the superintendent of schools for any position

19  is rejected for good cause, if the superintendent of schools

20  fails to submit a nomination for initial employment within a

21  reasonable time as prescribed by the district school board, or

22  if the superintendent of schools fails to submit a nomination

23  for reemployment within the time prescribed by law, the

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

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

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

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

28  cause of action by the nominated employee.

29         (16)  IMPLEMENT SCHOOL IMPROVEMENT AND

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

31  education accountability as provided by statute and State

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    Florida Senate - 2001                                  SB 1704
    22-1230-01                                              See HB




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

  2  education accountability shall be consistent with, and

  3  implemented through, the district's continuing system of

  4  planning and budgeting required by this section and ss.

  5  229.555 and 237.041. This system of school improvement and

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

  7  the following:

  8         (c)  Assistance and intervention.--

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

10  assistance and intervention for each school in danger of not

11  meeting state standards or making adequate progress, as

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

13  toward meeting the goals and standards of its approved school

14  improvement plan.

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

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

17  failing and must be provided assistance and intervention.

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

19  to encourage teachers with demonstrated mastery in improving

20  student performance to remain at or transfer to a school

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

22  alternative school that serves disruptive or violent youths.

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

24  meets the definition of teaching mastery developed according

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

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

27  to an alternative school that serves disruptive or violent

28  youths, the district school board shall make every practical

29  effort to grant the request.

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

31  full implementation of an annual assessment of learning gains,

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    Florida Senate - 2001                                  SB 1704
    22-1230-01                                              See HB




  1  a classroom teacher who is selected by the school principal

  2  based on his or her performance appraisal and student

  3  achievement data to teach at a school designated as

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

  5  that serves disruptive or violent youths shall receive a

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

  7  provided for annually in the General Appropriations Act, each

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

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

10  serves disruptive or violent youths.

11         c.  Beginning with the full implementation of an annual

12  assessment of learning gains, a classroom teacher whose

13  effectiveness has been proven based upon positive learning

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

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

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

17  provided for annually in the General Appropriations Act, each

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

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

20  serves disruptive or violent youths.

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

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

23  229.57(12). The supplement received under this paragraph shall

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

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

26         e.  The Commissioner of Education shall adopt rules to

27  determine the measures that define "teaching mastery" for

28  purposes of this subparagraph.

29         4.  District school boards are encouraged to prioritize

30  the expenditures of funds received from the supplemental

31  academic instruction categorical fund under s. 236.08104 to

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    22-1230-01                                              See HB




  1  improve student performance in schools that receive a

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

  3         Section 4.  Paragraph (a) of subsection (7) of section

  4  230.33, Florida Statutes, is amended to read:

  5         230.33  Duties and responsibilities of superintendent

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

  7  powers and perform all duties listed below and elsewhere in

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

  9  counsel with the district school board. The superintendent of

10  schools shall perform all tasks necessary to make sound

11  recommendations, nominations, proposals, and reports required

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

13  such recommendations, nominations, proposals, and reports by

14  the superintendent of schools shall be either recorded in the

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

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

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

18  in this paragraph, the recommendations, nominations, and

19  proposals required of the superintendent of schools were not

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

21  such matters.

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

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

24  requirements of chapter 231, and in addition the

25  superintendent of schools shall have the following duties:

26         (a)  Positions, qualifications, and

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

28  and responsibilities which need to be performed and positions

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

30  adequate school program in the district; recommend minimum

31  qualifications of personnel for these various positions; and

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    Florida Senate - 2001                                  SB 1704
    22-1230-01                                              See HB




  1  nominate in writing persons to fill such positions. The

  2  nominations of persons to fill instructional positions at each

  3  of the district's schools must consider recommendations

  4  received from principals of the respective schools. The

  5  superintendent of schools shall not recommend the assignment

  6  of any instructional personnel to a school unless the

  7  principal of that school approves the assignment.

  8         Section 5.  Paragraph (b) of subsection (7) of section

  9  231.17, Florida Statutes, is amended to read:

10         231.17  Teacher certification requirements.--

11         (7)  PROFESSIONAL PREPARATION AND EDUCATION COMPETENCY

12  PROGRAM.--

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

14  develop and maintain an alternative certification program by

15  which members of the district's instructional staff may

16  satisfy the professional education course requirements

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

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

19  standards and guidelines for the approval of alternative

20  certification programs. Any program approved for use in a

21  school district may be adopted and implemented by a school

22  district other than that which developed the program. A

23  district school board choosing to adopt an alternative

24  certification program approved for another school district

25  shall provide written notification of such action to the

26  department. However, any modifications to an approved program

27  shall be submitted to the department for approval. Each

28  approved program must include methods for identifying each

29  applicant's entry-level teaching competencies and must require

30  each applicant to:

31

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    Florida Senate - 2001                                  SB 1704
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  1         1.  Have expertise in the subject and meet requirements

  2  for specialization in a subject area for which a professional

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

  4  state board.

  5         2.  Complete training in only those competency areas in

  6  which deficiencies are identified.

  7         3.  Complete the program within 2 years after initial

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

  9         4.  Achieve passing scores on the professional

10  education competency examination required by state board rule.

11

12  Each district school board may expend educational training

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

14  provisions of this paragraph. The department must approve

15  programs and systems developed to demonstrate professional

16  preparation and education competence authorized by this

17  paragraph.

18         Section 6.  Section 231.1726, Florida Statutes, is

19  created to read:

20         231.1726  Certification of adjunct educators.--

21         (1)  Notwithstanding ss. 231.02, 231.15, and 231.17, or

22  any other provision of law or rule to the contrary, district

23  school boards may issue an adjunct teaching certificate to any

24  applicant who fulfills the requirements of s.

25  231.17(2)(a)-(f). District school boards shall assign a peer

26  teacher to assist the adjunct teaching certificateholder

27  during the certificateholder's first year of teaching.

28  District school boards shall provide the adjunct teaching

29  certificateholder an orientation in classroom management prior

30  to assigning the certificateholder to a school. Each adjunct

31

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    Florida Senate - 2001                                  SB 1704
    22-1230-01                                              See HB




  1  teaching certificate is valid for 5 school years and is

  2  renewable, if:

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

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

  5  credits must include instruction in classroom management,

  6  district school board procedures, school culture, and other

  7  activities that enhance the professional teaching skills of

  8  the certificateholder.

  9         (b)  The applicant has received satisfactory

10  performance evaluations during each year of teaching under

11  adjunct certification.

12         (2)  Individuals who are certified and employed

13  pursuant to this section shall have the same rights and

14  protection of laws as teachers certified pursuant to s.

15  231.17.

16         Section 7.  Paragraphs (a) and (c) of subsection (1)

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

18  amended, new subsection (5) is added to that section, present

19  subsection (5) of that section is renumbered as subsection (6)

20  and amended, and present subsections (6) through (8) of that

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

22  respectively, to read:

23         231.262  Complaints against teachers and

24  administrators; procedure; penalties.--

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

26  investigated expeditiously any complaint filed before it or

27  otherwise called to its attention which, if legally

28  sufficient, contains grounds for the revocation or suspension

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

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

31  it contains the ultimate facts which show a violation has

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    Florida Senate - 2001                                  SB 1704
    22-1230-01                                              See HB




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

  2  investigate or continue to investigate and take appropriate

  3  action in a complaint even though the original complainant

  4  withdraws the complaint or otherwise indicates a desire not to

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

  6  department may investigate or continue to investigate and take

  7  action on a complaint filed against a person whose teaching

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

  9  for the complaint were allegedly committed while that person

10  possessed a teaching certificate.

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

12  the department all legally sufficient complaints within 30

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

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

15  district shall include all information relating to the

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

17  filing. Each district school board shall develop policies and

18  procedures to comply with this reporting requirement and to

19  ensure that the superintendent of schools is promptly informed

20  of each legally sufficient complaint. The superintendent of

21  schools is charged with knowledge of these policies and

22  procedures and is presumed to have knowledge of each legally

23  sufficient complaint. If either the district school board or

24  the superintendent of schools fails to comply with the

25  requirements of this subsection, in addition to other actions

26  against certificateholders authorized by law, the Commissioner

27  of Education may, in his or her discretion, permanently

28  withhold all or a portion of discretionary funds that might

29  otherwise be available to such school district during the

30  period of noncompliance, and may also impose and collect a

31  fine against such school district and superintendent of

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    Florida Senate - 2001                                  SB 1704
    22-1230-01                                              See HB




  1  schools in an amount not to exceed $1,000 for each day of

  2  noncompliance. The school district and superintendent of

  3  schools shall be jointly and severally liable for such fine.

  4  This paragraph does not limit or restrict the power and duty

  5  of the department to investigate complaints as provided in

  6  paragraphs (a) and (b), regardless of the school district's

  7  untimely filing, or failure to file, complaints and followup

  8  reports.

  9         (4)  The complaint and all information obtained

10  pursuant to the investigation by the department shall be

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

12  until the conclusion of the preliminary investigation of the

13  complaint, until such time as the preliminary investigation

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

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

16  assembled during the investigation may be inspected and copied

17  by the certificateholder under investigation, or the

18  certificateholder's designee, after the investigation is

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

20  the commissioner. If the preliminary investigation is

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

22  proceed, the complaint and information shall be open

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

24  preliminary investigation is concluded with the finding that

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

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

27  shall be open thereafter to inspection pursuant to s.

28  119.97(1). If the preliminary investigation ceases to be

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

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

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

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    Florida Senate - 2001                                  SB 1704
    22-1230-01                                              See HB




  1  purpose of this subsection, a preliminary investigation shall

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

  3  reasonable, good faith anticipation that an administrative

  4  finding will be made in the foreseeable future.

  5         (5)  In order to protect the health, safety, and

  6  welfare of a minor student, the commissioner is authorized to

  7  temporarily suspend the certificate of a certificateholder

  8  pending the completion of the proceedings and the

  9  determination of sanctions, if any, pursuant to this section

10  and s. 231.2615. The certificateholder may at any time request

11  in writing that the commissioner set aside the temporary

12  suspension, and the commissioner may do so with or without

13  conditions. If the commissioner refuses to set aside the

14  temporary suspension, or if the certificateholder contends

15  that the commissioner's conditions are unreasonable, a

16  certificateholder whose certificate is suspended under this

17  subsection may seek review of the temporary suspension by the

18  Education Practices Commission. The Education Practices

19  Commission shall conduct a formal review of the matter and

20  issue an order sustaining or overturning the temporary

21  suspension, or setting it aside under specified conditions.

22         (6)(5)  Upon the finding of probable cause, the

23  commissioner shall file a formal complaint and prosecute the

24  complaint pursuant to the provisions of chapter 120. An

25  administrative law judge shall be assigned by the Division of

26  Administrative Hearings of the Department of Management

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

28  material fact. The administrative law judge shall make

29  recommendations in accordance with the provisions of

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

31  Commission panel which shall conduct a formal review of such

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    Florida Senate - 2001                                  SB 1704
    22-1230-01                                              See HB




  1  recommendations and other pertinent information and issue a

  2  final order. The commission shall consult with its legal

  3  counsel prior to issuance of a final order.

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

  5  231.36, Florida Statutes, is amended, and paragraph (g) is

  6  added to subsection (3) of that section, to read:

  7         231.36  Contracts with instructional staff,

  8  supervisors, and principals.--

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

10  instructional staff in any district school system shall be

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

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

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

14  All such contracts, except continuing contracts as specified

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

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

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

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

19  misconduct in office, incompetency, gross insubordination,

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

21  moral turpitude.

22         (3)

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

24  enters into a professional service contract in a school

25  district in which the employee was not employed as of June 30,

26  2001, for purposes of pay and retirement a school board must,

27  subject to any applicable collective bargaining requirements,

28  recognize and accept each year of full-time teaching service,

29  as reported for purposes of the Florida Retirement System, for

30  which an employee received a satisfactory performance

31  evaluation.

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    22-1230-01                                              See HB




  1         Section 9.  Subsection (2) of section 231.625, Florida

  2  Statutes, is amended to read:

  3         231.625  Teacher recruitment and retention.--

  4         (2)  The Department of Education shall:

  5         (a)  Develop and implement a system for posting

  6  teaching vacancies and establish a database of teacher

  7  applicants which is accessible within and outside the state

  8  Advertise teacher positions in targeted states.

  9         (b)  Advertise in major newspapers, national

10  professional publications, and other professional publications

11  and in schools of education.

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

13         (d)  Develop standardized resumes for teacher applicant

14  data.

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

16  personnel directors regarding applicants.

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

18  database by computer or telephone.

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

20  related to teaching as a career.

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

22  to employment opportunities, application procedures, teacher

23  certification, and teacher salaries.

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

25  procedures.

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

27  of America Program throughout the state.

28         (k)  Review and recommend to the Legislature and school

29  districts incentives for attracting teachers to this state.

30         (j)  Develop a long-range plan for educator recruitment

31  and retention.

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

  2  teachers.

  3         Section 10.  Section 231.675, Florida Statutes, is

  4  created to read:

  5         231.675  Advanced placement instruction bonus

  6  program.--

  7         (1)  Each school district shall distribute to each

  8  classroom teacher who provided advanced placement instruction

  9  during the previous school year:

10         (a)  A bonus in the amount of $50 for each student

11  taught by the Advanced Placement teacher in each advanced

12  placement course who receives a score of 3 or higher on the

13  College Board Advanced Placement Examination.

14         (b)  An additional bonus of $500 to each Advanced

15  Placement teacher in a school designated performance grade

16  category "D" or "F" who has at least one student scoring 3 or

17  higher on the College Board Advanced Placement Examination,

18  regardless of the number of classes taught or of the number of

19  students scoring a 3 or higher on the College Board Advanced

20  Placement Examination.

21         (2)  Bonuses awarded to a teacher according to this

22  section shall not exceed $2,000 in any given school year and

23  shall be in addition to any regular wage or other bonus the

24  teacher received or is scheduled to receive.

25         (3)  The Legislature shall annually appropriate to the

26  Department of Education an amount sufficient to carry out the

27  provisions of this section.

28         Section 11.  Paragraphs (b) through (e) of subsection

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

30         231.700  Florida Mentor Teacher School Pilot Program.--

31

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    22-1230-01                                              See HB




  1         (3)  The five teacher career development positions and

  2  minimum requirements are:

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

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

  5  a valid Florida professional teaching certificate as provided

  6  by s. 231.17.

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

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

  9  Florida professional teaching certificate, have a minimum of 3

10  years' full-time teaching experience, document satisfactory

11  teaching performance, and document evidence of positive

12  student learning gains, when that data becomes available.

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

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

15  learning and a valid Florida professional teaching

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

17  experience, document exemplary teaching performance, and

18  document evidence of significant positive student learning

19  gains, when that data becomes available. A lead teacher shall

20  provide intensive support for associate teachers and teachers.

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

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

23  institution of higher learning and a valid Florida

24  professional teaching certificate.;

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

26  experience.;

27         3.  Document exemplary teaching performance.;

28         4.  Document evidence of significant positive student

29  learning gains, when that data becomes available.;

30         5.  Hold a valid National Board for Professional

31  Teaching Standards certificate; have been selected as a

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    Florida Senate - 2001                                  SB 1704
    22-1230-01                                              See HB




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

  2  equivalent status as determined by the commissioner.; and

  3         6.  Demonstrate expertise as a staff developer.

  4         Section 12.  Paragraphs (k) and (m) of subsection (1)

  5  of section 236.081, Florida Statutes, are repealed.

  6         Section 13.  Paragraph (d) of subsection (2) of section

  7  236.08106, Florida Statutes, is amended to read:

  8         236.08106  Excellent Teaching Program.--

  9         (2)  The Excellent Teaching Program is created to

10  provide categorical funding for monetary incentives and

11  bonuses for teaching excellence. The Department of Education

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

13  amount as prescribed annually by the Legislature for the

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

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

16  a school district. Unless otherwise provided in the General

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

18  amounts earned for the following incentives and bonuses:

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

20  fiscal year's statewide average salary for classroom teachers

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

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

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

24  of mentoring and related services to public school teachers

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

26  district school board shall distribute the annual bonus in a

27  single payment following the completion of all required

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

29  intent of the Legislature to remove excellent teachers from

30  their assigned classrooms; therefore, credit may not be

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

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    Florida Senate - 2001                                  SB 1704
    22-1230-01                                              See HB




  1  related services provided during student contact time the

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

  3  for the school year.

  4

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

  6  who does not complete the certification program or does not

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

  8  after completing the certification program must repay the

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

10  teacher who completes the certification program but fails to

11  be awarded NBPTS certification is not required to repay the

12  amount of the certification fee if the teacher meets the

13  1-year teaching requirement. Repayment is not required of a

14  teacher who does not complete the certification program or

15  fails to fulfill the teaching requirement because of the

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

17  circumstances as determined by the State Board of Education.

18         Section 14.  Subsection (10) of section 231.261,

19  Florida Statutes, is amended to read:

20         231.261  Education Practices Commission;

21  organization.--

22         (10)  The commission shall be financed from the

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

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

25         Section 15.  Paragraph (f) of subsection (3) of section

26  230.2305, Florida Statutes, is amended to read:

27         230.2305  Prekindergarten early intervention program.--

28         (3)  STANDARDS.--

29         (f)  All staff must meet the following minimum

30  requirements:

31

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    Florida Senate - 2001                                  SB 1704
    22-1230-01                                              See HB




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

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

  3  by the Department of Education and the Department of Children

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

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

  6  nutrition; identification and report of child abuse and

  7  neglect; child growth and development; use of developmentally

  8  appropriate early childhood curricula; and avoidance of

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

10         2.  When individual classrooms are staffed by certified

11  teachers, those teachers must be certified for the appropriate

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

13  rules.  Teachers who are not certified for the appropriate

14  grade levels must obtain proper certification within 2 years.

15  However, the commissioner may make an exception on an

16  individual basis when the requirements are not met because of

17  serious illness, injury, or other extraordinary, extenuating

18  circumstance.

19         3.  When individual classrooms are staffed by

20  noncertified teachers, there must be a program director or

21  lead teacher who is eligible for certification or certified

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

23  State Board of Education rules in regularly scheduled direct

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

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

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

27  an amount of training determined by the commissioner to be

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

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

30         4.  Principals and other school district administrative

31  and supervisory personnel with direct responsibility for the

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    Florida Senate - 2001                                  SB 1704
    22-1230-01                                              See HB




  1  program must demonstrate knowledge of prekindergarten

  2  education programs that increase children's chances of

  3  achieving future educational success and becoming productive

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

  5  of Education by rule.

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

  7  or s. 231.1726 must comply with screening requirements under

  8  s. 231.02.

  9         Section 16.  Section 231.045, Florida Statutes, is

10  amended to read:

11         231.045  Periodic criminal history record checks.--In

12  cooperation with the Florida Department of Law Enforcement,

13  the department may periodically perform a criminal history

14  record check on individuals who hold a certificate pursuant to

15  s. 231.17 or s. 231.1726.

16         Section 17.  Subsection (1) of section 231.1725,

17  Florida Statutes, is amended to read:

18         231.1725  Employment of substitute teachers, teachers

19  of adult education, nondegreed teachers of career education,

20  and career specialists; students performing clinical field

21  experience.--

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

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

24  contrary, each district school board shall establish the

25  minimal qualifications for:

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

27  231.47. The qualifications shall require the filing of a

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

29  s. 231.02.

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

31  education programs. The qualifications shall require the

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    Florida Senate - 2001                                  SB 1704
    22-1230-01                                              See HB




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

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

  3  postsecondary instruction may be exempted from this

  4  requirement.

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

  6  vocational programs. Qualifications shall be established for

  7  agriculture, business, health occupations, family and consumer

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

  9  service education teachers, based primarily on successful

10  occupational experience rather than academic training. The

11  qualifications for such teachers shall require:

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

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

14  to conduct postsecondary instruction may be exempted from this

15  requirement.

16         2.  Documentation of education and successful

17  occupational experience including documentation of:

18         a.  A high school diploma or the equivalent.

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

20  occupational experience or the equivalent of part-time

21  experience in the teaching specialization area. Alternate

22  means of determining successful occupational experience may be

23  established by the district school board.

24         c.  Completion of career education training conducted

25  through the local school district inservice master plan.

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

27  education training in teaching methods, course construction,

28  lesson planning and evaluation, and teaching special needs

29  students. This training may be completed through coursework

30  from a standard institution or an approved district teacher

31  education program.

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    Florida Senate - 2001                                  SB 1704
    22-1230-01                                              See HB




  1         e.  Demonstration of successful teaching performance.

  2         Section 18.  Paragraph (a) of subsection (1) of section

  3  231.36, Florida Statutes, is amended to read:

  4         231.36  Contracts with instructional staff,

  5  supervisors, and principals.--

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

  7  instructional staff in any district school system shall be

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

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

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

11  All such contracts, except continuing contracts as specified

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

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

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

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

16  misconduct in office, incompetency, gross insubordination,

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

18  moral turpitude.

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

20  Statutes, is amended to read:

21         231.471  Part-time teachers.--

22         (1)  District school boards may hire certified and

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

24  231.1726 to teach a specified number of periods, which may be

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

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

27  232.435, Florida Statutes, is amended to read:

28         232.435  Extracurricular athletic activities; athletic

29  trainers.--

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    Florida Senate - 2001                                  SB 1704
    22-1230-01                                              See HB




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

  2  program should include the following employment classification

  3  and advancement scheme:

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

  5  teacher apprentice trainer I, a person must possess a

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

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

  8  in first aid and cardiopulmonary resuscitation, and have

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

10  of inservice education points in the basic prevention and care

11  of athletic injuries.

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

13  teacher apprentice trainer II, a person must meet the

14  requirements of teacher apprentice trainer I and also have

15  earned a minimum of 15 additional semester hours or the

16  equivalent number of inservice education points in such

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

18  counseling, and other courses approved by the Commissioner of

19  Education.

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

21  athletic trainer, a person must meet the requirements of

22  teacher apprentice trainer II, be certified by the Department

23  of Education or a nationally recognized athletic trainer

24  association, and perform one or more of the following

25  functions:  preventing athletic injuries; recognizing,

26  evaluating, managing, treating, and rehabilitating athletic

27  injuries; administering an athletic training program; and

28  educating and counseling athletes.

29         Section 21.  This act shall take effect July 1, 2001.

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    Florida Senate - 2001                                  SB 1704
    22-1230-01                                              See HB




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Revises provisions relating to the reemployment of
  4    retired members of the Florida Retirement System as
      school district personnel. Revises the definition of
  5    "other instructional staff" to include adjunct educators.
      Prohibits both a superintendent from recommending the
  6    assignment of any instructional personnel to a school and
      a district school board from assigning any instructional
  7    personnel to a school, unless the principal of that
      school approves the assignment. Deletes provisions
  8    relating to salary supplements provided to teachers
      selected to teach at certain low-performing schools.
  9    Authorizes the use of an approved alternative
      certification program by a district other than that which
10    developed the program, upon notification to the
      department and approval of any modifications. Creates
11    provisions relating to certification of adjunct
      educators. Requires each district school board to develop
12    policies and procedures relating to the reporting of
      complaints against teachers. Charges the superintendent
13    of schools with knowledge of such policies and
      procedures. States that a superintendent is presumed to
14    have knowledge of each legally sufficient complaint.
      Authorizes the withholding of discretionary funds from a
15    school district, and the imposition and collection of
      fines against a school district and superintendent, for
16    noncompliance. Authorizes the temporary suspension of a
      teaching certificate pending the completion of
17    proceedings in order to protect the health, safety, and
      welfare of students. Includes adjunct educators in
18    provisions relating to contracts with instructional
      staff. Requires a school board, subject to applicable
19    collective bargaining requirements, to recognize and
      accept years of satisfactory performance for purposes of
20    pay and retirement. Requires the Department of Education
      to develop and implement a system for posting teaching
21    vacancies, establish a database of teacher applicants,
      develop a long-range plan for educator recruitment and
22    retention, and identify best practices for retaining
      high-quality teachers. Deletes the requirement that the
23    department develop standardized resumes for teacher
      applicant data and review and recommend to the
24    Legislature and school districts incentives for
      attracting teachers to Florida. Establishes the advanced
25    placement instruction bonus program, specifies amounts of
      bonuses, limits the amount awarded to a teacher annually,
26    and requires an appropriation. Revises the Florida Mentor
      Teacher School Pilot Program to conform terminology.
27    Clarifies requirements for mentor teachers. Repeals s.
      236.081(1)(k) and (m), F.S., relating to calculations of
28    additional full-time equivalent membership based on
      international baccalaureate examination scores of
29    students and based on college board advanced placement
      scores of students. Clarifies requirements relating to
30    the amount of required mentoring or related services for
      receipt of an Excellent Teaching Program bonus. Amends
31    provisions relating to standards for staff of
      prekindergarten early intervention programs; periodic
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    Florida Senate - 2001                                  SB 1704
    22-1230-01                                              See HB




  1    criminal history record checks; employment of substitute
      teachers, teachers of adult education, nondegreed
  2    teachers of career education, and career specialists;
      professional service contracts; part-time teachers; and
  3    athletic trainers to include adjunct educators.

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