Senate Bill sb1704e1

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  1                      A bill to be entitled

  2         An act relating to education; amending s.

  3         228.041, F.S.; revising the definition of

  4         "other instructional staff" to include adjunct

  5         educators; amending s. 230.23, F.S.; deleting

  6         provisions relating to salary supplements

  7         provided to teachers selected to teach at

  8         certain low-performing schools; requiring a

  9         review by the principal prior to reassigning a

10         teacher; amending s. 231.096, F.S.; requiring

11         assistance in accessing resources for teachers

12         teaching out-of-field; amending s. 231.15,

13         F.S.; deleting provision of part-time

14         certificate for athletic coach; authorizing an

15         athletic coaching certificate for full-time and

16         part-time positions; amending s. 231.17, F.S.;

17         authorizing continued employment under

18         specified circumstances; authorizing the use of

19         an approved alternative certification program

20         by a school district other than the school

21         district that developed the program, upon

22         notification to the department and approval of

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

24         providing for certification of adjunct

25         educators; amending s. 231.36, F.S.; including

26         adjunct educators in provisions relating to

27         contracts with instructional staff; requiring a

28         school board, subject to applicable collective

29         bargaining requirements, to recognize and

30         accept years of satisfactory performance for

31         purposes of pay; providing an exemption;


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

  2         Department of Education to perform specified

  3         activities to improve teacher recruitment and

  4         retention; amending s. 231.6135, F.S.;

  5         exempting regional educational consortia from

  6         certain requirements to become eligible for

  7         grants to create professional development

  8         academies; amending s. 231.700, F.S.; revising

  9         the Florida Mentor Teacher School Pilot Program

10         to conform terminology; clarifying requirements

11         for mentor teachers; amending s. 236.08106,

12         F.S.; clarifying requirements relating to the

13         amount of required mentoring or related

14         services for receipt of an Excellent Teaching

15         Program bonus; amending ss. 230.2305, 231.045,

16         231.1725, 231.471, 232.435, F.S., relating to

17         standards for staff of prekindergarten early

18         intervention programs, periodic criminal

19         history record checks, and employment of

20         specified teachers, part-time teachers, and

21         athletic trainers; revising provisions to

22         include adjunct educators; providing an

23         effective date.

24

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

26

27         Section 1.  Paragraph (d) of subsection (9) of section

28  228.041, Florida Statutes, is amended to read:

29         228.041  Definitions.--Specific definitions shall be as

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

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


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  1         (9)  INSTRUCTIONAL PERSONNEL.--"Instructional

  2  personnel" means any staff member whose function includes the

  3  provision of direct instructional services to students.

  4  Instructional personnel also includes personnel whose

  5  functions provide direct support in the learning process of

  6  students.  Included in the classification of instructional

  7  personnel are:

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

  9  staff are staff members who are part of the instructional

10  staff but are not classified in one of the categories

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

12  classification are primary specialists, learning resource

13  specialists, instructional trainers, adjunct educators

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

15         Section 2.  Paragraph (a) of subsection (5) and

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

17  Statutes, are amended to read:

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

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

20  perform all duties listed below:

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

22  prescribe qualifications for those positions, and provide for

23  the appointment, compensation, promotion, suspension, and

24  dismissal of employees as follows, subject to the requirements

25  of chapter 231:

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

27  upon written recommendations submitted by the superintendent

28  of schools for positions to be filled and for minimum

29  qualifications for personnel for the various positions and act

30  upon written nominations of persons to fill such positions.

31  The superintendent of schools' recommendations for filling


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  1  instructional institutional positions at the school level must

  2  consider nominations received from school principals of the

  3  respective schools. Before transferring a teacher who holds a

  4  professional teaching certificate from one school to another,

  5  the superintendent shall consult with the principal of the

  6  receiving school and allow the principal to review the

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

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

  9  placement, an alternative placement may be sought. The

10  district school board may reject for good cause any employee

11  nominated. If the third nomination by the superintendent of

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

13  superintendent of schools fails to submit a nomination for

14  initial employment within a reasonable time as prescribed by

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

16  fails to submit a nomination for reemployment within the time

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

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

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

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

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

22  employee.

23         (16)  IMPLEMENT SCHOOL IMPROVEMENT AND

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

25  education accountability as provided by statute and State

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

27  education accountability shall be consistent with, and

28  implemented through, the district's continuing system of

29  planning and budgeting required by this section and ss.

30  229.555 and 237.041. This system of school improvement and

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

  2  the following:

  3         (c)  Assistance and intervention.--

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

  5  assistance and intervention for each school in danger of not

  6  meeting state standards or making adequate progress, as

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

  8  toward meeting the goals and standards of its approved school

  9  improvement plan.

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

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

12  failing and must be provided assistance and intervention.

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

14  to encourage teachers with demonstrated mastery in improving

15  student performance to remain at or transfer to a school

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

17  alternative school that serves disruptive or violent youths.

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

19  meets the definition of teaching mastery developed according

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

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

22  to an alternative school that serves disruptive or violent

23  youths, the district school board shall make every practical

24  effort to grant the request.

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

26  full implementation of an annual assessment of learning gains,

27  a classroom teacher who is selected by the school principal

28  based on his or her performance appraisal and student

29  achievement data to teach at a school designated as

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

31  that serves disruptive or violent youths shall receive a


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

  2  provided for annually in the General Appropriations Act, each

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

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

  5  serves disruptive or violent youths.

  6         c.  Beginning with the full implementation of an annual

  7  assessment of learning gains, a classroom teacher whose

  8  effectiveness has been proven based upon positive learning

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

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

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

12  provided for annually in the General Appropriations Act, each

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

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

15  serves disruptive or violent youths.

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

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

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

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

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

21         e.  The Commissioner of Education shall adopt rules to

22  determine the measures that define "teaching mastery" for

23  purposes of this subparagraph.

24         4.  District school boards are encouraged to prioritize

25  the expenditures of funds received from the supplemental

26  academic instruction categorical fund under s. 236.08104 to

27  improve student performance in schools that receive a

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

29         Section 3.  Section 231.096, Florida Statutes, is

30  amended to read:

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  1         231.096  Teacher teaching out-of-field;

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

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

  4  and priority consideration in professional development

  5  activities shall be given to teachers who are teaching

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

  7  such teachers participate in a certification or staff

  8  development program designed to provide the teacher with the

  9  competencies required for the assigned duties. The

10  board-approved assistance plan must include duties of

11  administrative personnel and other instructional personnel to

12  provide students with high-quality instructional services.

13  Each district school board shall contact its regional

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

15  and access resources that may assist teachers who are teaching

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

17         Section 4.  Subsection (2) of section 231.15, Florida

18  Statutes, is amended to read:

19         231.15  Positions for which certificates required.--

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

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

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

23  certificate, or an athletic coaching certificate. The athletic

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

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

26  apply to any athletic coach who voluntarily renders service

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

28  state.

29         Section 5.  Subsection (6) and paragraph (b) of

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

31  amended to read:


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  1         231.17  Teacher certification requirements.--

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

  3         (a)  The Department of Education shall issue a

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

  5  any applicant who meets all the requirements outlined in

  6  subsection (2).

  7         (b)  The department shall issue a temporary certificate

  8  to any applicant who completes the requirements outlined in

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

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

11  content requirements specified in state board rule.

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

13  content requirements specified in state board rule or achieves

14  a passing score on the subject area examinations required by

15  state board rule.

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

17  temporary certificate and one nonrenewable 5-year professional

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

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

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

21  impairment.

22

23  Each temporary certificate is valid for 3 school fiscal years

24  and is nonrenewable. However, the requirement in paragraph

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

26  employment under the temporary certificate. Individuals who

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

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

29  year in which they have been contracted. A school district

30  shall not employ, or continue the employment of, an individual

31  in a position for which a temporary certificate is required


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  1  beyond this the 1 calendar year time period for satisfying who

  2  has not met the requirement of paragraph (2)(g). However, the

  3  school district may continue to employ an individual who has

  4  not met the requirement of paragraph (2)(g) as a substitute

  5  teacher, pursuant to ss. 231.1725 and 231.47. If an individual

  6  has completed the requirements in paragraph (2)(g), except the

  7  demonstration of general knowledge of mathematics, that person

  8  may continue employment as a teacher for the 3 years during

  9  which the temporary certificate is valid, if the teacher does

10  not teach mathematics above the 4th-grade level and the

11  teacher is enrolled in a state-approved program designed to

12  improve mathematics skills. If the teacher has not completed

13  the mathematics requirement after 3 school years, the school

14  district may not continue to employ him or her in a position

15  for which a temporary certificate is required. The State Board

16  of Education shall adopt rules to allow the department to

17  extend the validity period of a temporary certificate for 2

18  years when the requirements for the professional certificate,

19  not including the requirement in paragraph (2)(g), were not

20  completed due to the serious illness or injury of the

21  applicant or other extraordinary extenuating circumstances.

22  The department shall reissue the temporary certificate for 2

23  additional years upon approval by the Commissioner of

24  Education. A written request for reissuance of the certificate

25  shall be submitted by the superintendent of schools, the

26  governing authority of a developmental research school, the

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

28  governing authority of a nonpublic school.

29         (7)  PROFESSIONAL PREPARATION AND EDUCATION COMPETENCY

30  PROGRAM.--

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

  2  develop and maintain an alternative certification program by

  3  which members of the district's instructional staff may

  4  satisfy the professional education course requirements

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

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

  7  standards and guidelines for the approval of alternative

  8  certification programs. Any program approved for use in a

  9  school district may be adopted and implemented by a school

10  district other than the school district that developed the

11  program. A district school board choosing to adopt an

12  alternative certification program approved for another school

13  district shall provide written notification of such action to

14  the department. However, any modifications to an approved

15  program shall be submitted to the department for approval.

16  Each approved program must include methods for identifying

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

18  require each applicant to:

19         1.  Have expertise in the subject and meet requirements

20  for specialization in a subject area for which a professional

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

22  state board.

23         2.  Complete training in only those competency areas in

24  which deficiencies are identified.

25         3.  Complete the program within 2 years after initial

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

27         4.  Achieve passing scores on the professional

28  education competency examination required by state board rule.

29

30  Each district school board may expend educational training

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


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  1  provisions of this paragraph. The department must approve

  2  programs and systems developed to demonstrate professional

  3  preparation and education competence authorized by this

  4  paragraph.

  5         Section 6.  Section 231.1726, Florida Statutes, is

  6  created to read:

  7         231.1726  Certification of adjunct educators.--

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

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

10  the contrary, district school boards may issue an adjunct

11  teaching certificate to any applicant who fulfills the

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

13  determined by district school board policy, in the subject

14  area to be taught. An applicant shall be considered to have

15  expertise in the subject area to be taught if the applicant

16  has at least a minor in the subject area or demonstrates

17  sufficient subject area mastery, as determined by school board

18  policy. The adjunct teaching certificate shall be used for

19  part-time teaching positions. District school boards shall

20  assign a peer teacher to assist the adjunct teaching

21  certificateholder during the certificateholder's first year of

22  teaching. District school boards shall provide the adjunct

23  teaching certificateholder an orientation in classroom

24  management prior to assigning the certificateholder to a

25  school. Each adjunct teaching certificate is valid for 5

26  school years and is renewable if:

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

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

29  credits must include instruction in classroom management,

30  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 7.  Paragraph (a) of subsection (1) of section

11  231.36, Florida Statutes, is amended, and paragraph (g) is

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

13         231.36  Contracts with instructional staff,

14  supervisors, and principals.--

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

16  instructional staff in any district school system shall be

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

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

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

20  All such contracts, except continuing contracts as specified

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

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

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

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

25  misconduct in office, incompetency, gross insubordination,

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

27  moral turpitude.

28         (3)

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

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

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


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

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

  3  for which the employee received a satisfactory performance

  4  evaluation. This provision is not intended to interfere with

  5  the operation of a collective bargaining agreement except to

  6  the extent it requires the agreement to treat years of

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

  8  teaching experience within the district. Instructional

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

10  from this paragraph.

11         Section 8.  Subsection (2) of section 231.625, Florida

12  Statutes, is amended to read:

13         231.625  Teacher recruitment and retention.--

14         (2)  The Department of Education shall:

15         (a)  Develop and implement a system for posting

16  teaching vacancies and establish a database of teacher

17  applicants that is accessible within and outside the state

18  Advertise teacher positions in targeted states.

19         (b)  Advertise in major newspapers, national

20  professional publications, and other professional publications

21  and in schools of education.

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

23         (d)  Develop standardized resumes for teacher applicant

24  data.

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

26  personnel directors regarding applicants.

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

28  database by computer or telephone.

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

30  related to teaching as a career.

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

  2  to employment opportunities, application procedures, teacher

  3  certification, and teacher salaries.

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

  5  procedures.

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

  7  of America Program throughout the state.

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

  9  and retention.

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

11  teachers Review and recommend to the Legislature and school

12  districts incentives for attracting teachers to this state.

13         (l)  Conduct quarterly communications with Workforce

14  Florida, Inc., and regional workforce boards, created pursuant

15  to ss. 445.004 and 445.007, respectively, to access available

16  federal, state, and local resources to improve teacher

17  recruitment and retention.

18         (m)  Seek waivers or reductions in matching

19  contributions that may be required of district school boards

20  to access workforce funding.

21         Section 9.  Subsections (5) and (6) of section

22  231.6135, Florida Statutes, are amended to read:

23         231.6135  Statewide system for inservice professional

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

25  statewide system of professional development that provides a

26  wide range of targeted inservice training to teachers,

27  managers, and administrative personnel designed to upgrade

28  skills and knowledge needed to reach world class standards in

29  education.  The system shall consist of a network of

30  professional development academies in each region of the state

31  that are operated in partnership with area business partners


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  1  to develop and deliver high-quality training programs

  2  purchased by school districts.  The academies shall be

  3  established to meet the human resource development needs of

  4  professional educators, schools, and school districts. Funds

  5  appropriated for the initiation of professional development

  6  academies shall be allocated by the Commissioner of Education,

  7  unless otherwise provided in an appropriations act. To be

  8  eligible for startup funds, the academy must:

  9         (5)  Be operated under contract with its public

10  partners and governed by an independent board of directors,

11  which should include at least one superintendent of schools

12  and one district school board chair from the participating

13  school districts, the president of the collective bargaining

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

15  and at least three individuals who are not employees or

16  elected or appointed officials of the participating school

17  districts. Regional educational consortia as defined in s.

18  228.0857 satisfy the requirements of this subsection.

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

20  an equal or greater match from private funding sources and

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

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

23  contributions. Regional educational consortia as defined in s.

24  228.0857 which serve rural areas of critical economic concern

25  are exempt from the funding match required by this subsection.

26         Section 10.  Paragraphs (b) through (e) of subsection

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

28         231.700  Florida Mentor Teacher School Pilot Program.--

29         (3)  The five teacher career development positions and

30  minimum requirements are:

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

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

  3  a valid Florida professional teaching certificate as provided

  4  by s. 231.17.

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

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

  7  Florida professional teaching certificate, have a minimum of 3

  8  years' full-time teaching experience, document satisfactory

  9  teaching performance, and document evidence of positive

10  student learning gains, when that data become becomes

11  available.

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

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

14  learning and a valid Florida professional teaching

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

16  experience, document exemplary teaching performance, and

17  document evidence of significant positive student learning

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

19  shall provide intensive support for associate teachers and

20  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 become becomes available.;

30         5.  Hold a valid National Board for Professional

31  Teaching Standards certificate; have been selected as a


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  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 11.  Paragraph (d) of subsection (2) of section

  5  236.08106, Florida Statutes, is amended to read:

  6         236.08106  Excellent Teaching Program.--

  7         (2)  The Excellent Teaching Program is created to

  8  provide categorical funding for monetary incentives and

  9  bonuses for teaching excellence. The Department of Education

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

11  amount as prescribed annually by the Legislature for the

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

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

14  a school district. Unless otherwise provided in the General

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

16  amounts earned for the following incentives and bonuses:

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

18  fiscal year's statewide average salary for classroom teachers

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

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

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

22  of mentoring and related services to public school teachers

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

24  district school board shall distribute the annual bonus in a

25  single payment following the completion of all required

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

27  intent of the Legislature to remove excellent teachers from

28  their assigned classrooms; therefore, credit may not be

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

30  related services provided during student contact time the

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

  2  for the school year.

  3

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

  5  who does not complete the certification program or does not

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

  7  after completing the certification program must repay the

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

  9  teacher who completes the certification program but fails to

10  be awarded NBPTS certification is not required to repay the

11  amount of the certification fee if the teacher meets the

12  1-year teaching requirement. Repayment is not required of a

13  teacher who does not complete the certification program or

14  fails to fulfill the teaching requirement because of the

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

16  circumstances as determined by the State Board of Education.

17         Section 12.  Paragraph (f) of subsection (3) of section

18  230.2305, Florida Statutes, is amended to read:

19         230.2305  Prekindergarten early intervention program.--

20         (3)  STANDARDS.--

21         (f)  All staff must meet the following minimum

22  requirements:

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

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

25  by the Department of Education and the Department of Children

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

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

28  nutrition; identification and report of child abuse and

29  neglect; child growth and development; use of developmentally

30  appropriate early childhood curricula; and avoidance of

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


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  1         2.  When individual classrooms are staffed by certified

  2  teachers, those teachers must be certified for the appropriate

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

  4  rules.  Teachers who are not certified for the appropriate

  5  grade levels must obtain proper certification within 2 years.

  6  However, the commissioner may make an exception on an

  7  individual basis when the requirements are not met because of

  8  serious illness, injury, or other extraordinary, extenuating

  9  circumstance.

10         3.  When individual classrooms are staffed by

11  noncertified teachers, there must be a program director or

12  lead teacher who is eligible for certification or certified

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

14  State Board of Education rules in regularly scheduled direct

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

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

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

18  an amount of training determined by the commissioner to be

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

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

21         4.  Principals and other school district administrative

22  and supervisory personnel with direct responsibility for the

23  program must demonstrate knowledge of prekindergarten

24  education programs that increase children's chances of

25  achieving future educational success and becoming productive

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

27  of Education by rule.

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

29  or s. 231.1726 must comply with screening requirements under

30  s. 231.02.

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  1         Section 13.  Section 231.045, Florida Statutes, is

  2  amended to read:

  3         231.045  Periodic criminal history record checks.--In

  4  cooperation with the Florida Department of Law Enforcement,

  5  the department may periodically perform a criminal history

  6  record check on individuals who hold a certificate pursuant to

  7  s. 231.17 or s. 231.1726.

  8         Section 14.  Subsection (1) of section 231.1725,

  9  Florida Statutes, is amended to read:

10         231.1725  Employment of substitute teachers, teachers

11  of adult education, nondegreed teachers of career education,

12  and career specialists; students performing clinical field

13  experience.--

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

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

16  contrary, each district school board shall establish the

17  minimal qualifications for:

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

19  231.47. The qualifications shall require the filing of a

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

21  s. 231.02.

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

23  education programs. The qualifications shall require the

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

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

26  postsecondary instruction may be exempted from this

27  requirement.

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

29  vocational programs. Qualifications shall be established for

30  agriculture, business, health occupations, family and consumer

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


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  1  service education teachers, based primarily on successful

  2  occupational experience rather than academic training. The

  3  qualifications for such teachers shall require:

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

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

  6  to conduct postsecondary instruction may be exempted from this

  7  requirement.

  8         2.  Documentation of education and successful

  9  occupational experience including documentation of:

10         a.  A high school diploma or the equivalent.

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

12  occupational experience or the equivalent of part-time

13  experience in the teaching specialization area. Alternate

14  means of determining successful occupational experience may be

15  established by the district school board.

16         c.  Completion of career education training conducted

17  through the local school district inservice master plan.

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

19  education training in teaching methods, course construction,

20  lesson planning and evaluation, and teaching special needs

21  students. This training may be completed through coursework

22  from a standard institution or an approved district teacher

23  education program.

24         e.  Demonstration of successful teaching performance.

25         Section 15.  Subsection (1) of section 231.471, Florida

26  Statutes, is amended to read:

27         231.471  Part-time teachers.--

28         (1)  District school boards may hire certified and

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

30  231.1726 to teach a specified number of periods, which may be

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


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  1         Section 16.  Paragraph (a) of subsection (3) of section

  2  232.435, Florida Statutes, is amended to read:

  3         232.435  Extracurricular athletic activities; athletic

  4  trainers.--

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

  6  program should include the following employment classification

  7  and advancement scheme:

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

  9  teacher apprentice trainer I, a person must possess a

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

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

12  in first aid and cardiopulmonary resuscitation, and have

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

14  of inservice education points in the basic prevention and care

15  of athletic injuries.

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

17  teacher apprentice trainer II, a person must meet the

18  requirements of teacher apprentice trainer I and also have

19  earned a minimum of 15 additional semester hours or the

20  equivalent number of inservice education points in such

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

22  counseling, and other courses approved by the Commissioner of

23  Education.

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

25  athletic trainer, a person must meet the requirements of

26  teacher apprentice trainer II, be certified by the Department

27  of Education or a nationally recognized athletic trainer

28  association, and perform one or more of the following

29  functions:  preventing athletic injuries; recognizing,

30  evaluating, managing, treating, and rehabilitating athletic

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  1  injuries; administering an athletic training program; and

  2  educating and counseling athletes.

  3         Section 17.  This act shall take effect July 1, 2001.

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