HB 0901 2003
   
1 A bill to be entitled
2          An act relating to educational leadership; creating the
3    BEST Florida Teaching Act of 2003; creating s. 1000.041,
4    F.S.; providing legislative purposes and guiding
5    principles of the act; amending s. 1001.33, F.S.;
6    requiring cooperation to apply such guiding principles;
7    amending s. 1001.42, F.S.; requiring employment of certain
8    persons to perform tasks not related to classroom
9    instruction; requiring school district support of
10    authority; amending ss. 1001.51 and 1001.54, F.S.;
11    requiring cooperation and support of district school
12    superintendents and school principals; amending s.
13    1002.20, F.S.; providing student rights with respect to
14    classroom orderliness; amending s. 1002.42, F.S.;
15    correcting a cross reference; amending s. 1003.04, F.S.;
16    requiring specified student conduct; requiring parental
17    cooperation with school authority; amending s. 1003.31,
18    F.S.; requiring support of the authority of teachers and
19    bus drivers; amending s. 1003.32, F.S.; revising
20    provisions relating to teacher authority and
21    responsibility for control of students; designating a
22    school placement review committee to determine placement
23    for disruptive students; requiring reports; requiring
24    Commissioner of Education review of success in achieving
25    orderly classrooms and use of enforcement actions;
26    requiring reporting of knowledge or suspicion of crimes of
27    violence on school property and providing immunity;
28    amending s. 1004.04, F.S.; revising provisions relating to
29    state approval of teacher preparation programs; expanding
30    State Board of Education rules establishing core
31    curricula; requiring teacher preparation programs to
32    incorporate certain instruction; providing for guarantee;
33    providing for additional teacher training under certain
34    circumstances; authorizing pay for student teacher
35    internships; authorizing additional standards for program
36    approval and certification; providing priority
37    consideration for participation in teacher education pilot
38    programs; amending ss. 1006.08 and 1006.09, F.S.;
39    requiring district school superintendent and school
40    principal support relating to student discipline; amending
41    s. 1009.59., F.S.; renaming and revising eligibility
42    criteria and loan reimbursement of the Critical Teacher
43    Shortage Student Loan Forgiveness Program; creating s.
44    1009.591, F.S.; creating the Teaching Fellows Program to
45    encourage certain graduate students to enter the teaching
46    profession; providing for stipends, signing bonuses upon
47    employment, and waiver of tuition and fees under certain
48    circumstances; providing repayment requirements; creating
49    s. 1011.63, F.S.; creating a categorical fund to provide
50    BEST Florida Teaching bonuses to top-performing teachers;
51    amending s. 1012.05, F.S.; requiring the Department of
52    Education to provide for one-stop shopping for teacher
53    career information and on-line support; authorizing use of
54    funds to recruit and prepare teachers; creating s.
55    1012.231, F.S.; requiring district school board plans for
56    compensation of beginning classroom teachers; providing
57    performance pay to fund differentiated teacher salaries;
58    providing requirements and incentives relating to teacher
59    assignments; amending ss. 1012.27 and 1012.28, F.S.;
60    providing duties of district school superintendents and
61    school principals; amending s. 1012.56, F.S.; revising the
62    time period for which an official statement of status of
63    eligibility for certification is valid; revising
64    requirements for mastery of general knowledge, mastery of
65    subject area knowledge, and mastery of professional
66    preparation and education competence; revising provisions
67    relating to temporary certificates; amending s. 1012.57,
68    F.S.; requiring district school boards to adopt rules to
69    allow for the issuance of adjunct teaching certificates;
70    revising provisions relating to determination of expertise
71    in the subject area to be taught; amending s. 1012.585,
72    F.S.; revising certain requirements for renewal of
73    professional certificates; correcting a cross reference;
74    creating s. 1012.586, F.S.; authorizing school districts
75    to process certain applications via website; providing for
76    a fee and the uses thereof; amending s. 1012.72, F.S.;
77    expanding the Dale Hickam Excellent Teaching program to
78    provide incentives for teachers who seek or are issued
79    certain certification by the American Board for
80    Certification of Teacher Excellence; restricting bonuses
81    to certain teachers; amending s. 1012.73, F.S.; providing
82    that teacher career development does not require
83    graduation from a teacher preparation program; amending s.
84    1012.98, F.S.; revising provisions relating to the School
85    Community Professional Development Act; deleting
86    provisions relating to recruitment, preparation, and
87    professional development of school administrative
88    personnel; creating s. 1012.987, F.S.; authorizing a
89    principal leadership designation and incentives therefor;
90    requiring a system for recruitment, preparation, and
91    education leadership development of school administrative
92    personnel; authorizing request of resignation of a school
93    principal and teachers under certain circumstances;
94    providing an effective date.
95         
96          Be It Enacted by the Legislature of the State of Florida:
97         
98          Section 1. This act shall be known by the popular name
99    "The BEST Florida Teaching Act of 2003."
100          Section 2. Section 1000.041, Florida Statutes, is created
101    to read:
102          1000.041 Better Educated Students and Teachers (BEST)
103    Florida Teaching Act of 2003; legislative purposes; guiding
104    principles.--The legislative purposes and guiding principles of
105    the BEST Florida Teaching Act of 2003 are:
106          (1) Teachers lead, students learn.
107          (2) Teachers maintain orderly, disciplined classrooms
108    conducive to student learning.
109          (3) Teachers are trained, recruited, well compensated, and
110    retained for quality.
111          (4) Teachers are well rewarded for their students' high
112    performance.
113          (5) Teachers are most effective when served by exemplary
114    school administrators.
115         
116          Each teacher preparation program, each postsecondary educational
117    institution providing dual enrollment or other acceleration
118    programs, each district school board, and each district and
119    school-based administrator fully supports and cooperates in the
120    accomplishment of these purposes and guiding principles.
121          Section 3. Section 1001.33, Florida Statutes, is amended
122    to read:
123          1001.33 Schools under control of district school board and
124    district school superintendent.--
125          (1)Except as otherwise provided by law, all public
126    schools conducted within the district shall be under the
127    direction and control of the district school board with the
128    district school superintendent as executive officer.
129          (2) Each district school board, each district school
130    superintendent, and each district and school-based administrator
131    shall cooperate to apply the following guiding principles of the
132    Better Educated Students and Teachers (BEST) Florida Teaching
133    Act of 2003:
134          (a) Teachers lead, students learn.
135          (b) Teachers maintain orderly, disciplined classrooms
136    conducive to student learning.
137          (c) Teachers are trained, recruited, well compensated, and
138    retained for quality.
139          (d) Teachers are well rewarded for their students' high
140    performance.
141          (e) Teachers are most effective when served by exemplary
142    school administrators.
143          Section 4. Subsections (5) and (6) of section 1001.42,
144    Florida Statutes, are amended to read:
145          1001.42 Powers and duties of district school board.--The
146    district school board, acting as a board, shall exercise all
147    powers and perform all duties listed below:
148          (5) PERSONNEL.--
149          (a)Designate positions to be filled, prescribe
150    qualifications for those positions, and provide for the
151    appointment, compensation, promotion, suspension, and dismissal
152    of employees, subject to the requirements of chapter 1012. Each
153    district school board shall employ personnel who are not
154    classroom teachers to perform all paperwork and recordkeeping
155    requirements not directly related to classroom instruction.
156          (b)Notwithstanding s. 1012.55 or any other provision of
157    law or rule to the contrary, the district school board may,
158    consistent with adopted district school board policy relating to
159    alternative certification for school principals, appoint persons
160    to the position of school principal who do not hold educator
161    certification.
162          (c) Fully support and cooperate in the application of the
163    guiding principles of the Better Educated Students and Teachers
164    (BEST) Florida Teaching Act of 2003, pursuant to s. 1000.041.
165          (6) STUDENTCHILDWELFARE.--
166          (a)In accordance with the provisions of chapters 1003 and
167    1006, provide for the proper accounting for all students
168    childrenof school age, for the attendance and control of
169    students at school, and for proper attention to health, safety,
170    and other matters relating to the welfare of studentschildren.
171          (b) In accordance with the provisions of ss. 1003.31 and
172    1003.32, fully support the authority of each teacher and school
173    bus driver to remove disobedient, disrespectful, violent,
174    abusive, uncontrollable, or disruptive students from the
175    classroom and the school bus.
176          Section 5. Subsection (23) of section 1001.51, Florida
177    Statutes, is renumbered as subsection (25), and new subsections
178    (23) and (24) are added to said section to read:
179          1001.51 Duties and responsibilities of district school
180    superintendent.--The district school superintendent shall
181    exercise all powers and perform all duties listed below and
182    elsewhere in the law, provided that, in so doing, he or she
183    shall advise and counsel with the district school board. The
184    district school superintendent shall perform all tasks necessary
185    to make sound recommendations, nominations, proposals, and
186    reports required by law to be acted upon by the district school
187    board. All such recommendations, nominations, proposals, and
188    reports by the district school superintendent shall be either
189    recorded in the minutes or shall be made in writing, noted in
190    the minutes, and filed in the public records of the district
191    school board. It shall be presumed that, in the absence of the
192    record required in this section, the recommendations,
193    nominations, and proposals required of the district school
194    superintendent were not contrary to the action taken by the
195    district school board in such matters.
196          (23) QUALITY TEACHERS.--Fully support and cooperate in the
197    application of the guiding principles of the Better Educated
198    Students and Teachers (BEST) Florida Teaching Act of 2003,
199    pursuant to s. 1000.041.
200          (24) ORDERLY CLASSROOMS AND SCHOOL BUSES.--Fully support
201    the authority of each teacher and school bus driver to remove
202    disobedient, disrespectful, violent, abusive, uncontrollable, or
203    disruptive students from the classroom and the school bus.
204          Section 6. Subsection (1) of section 1001.54, Florida
205    Statutes, is amended to read:
206          1001.54 Duties of school principals.--
207          (1)(a)A district school board shall employ, through
208    written contract, public school principals.
209          (b)The school principal has authority over school
210    district personnel in accordance with s. 1012.28.
211          (c) The school principal shall fully support and cooperate
212    in the application of the guiding principles of the Better
213    Educated Students and Teachers (BEST) Florida Teaching Act of
214    2003, pursuant to s. 1000.041.
215          (d) The school principal shall fully support the authority
216    of each teacher and school bus driver to remove disobedient,
217    disrespectful, violent, abusive, uncontrollable, or disruptive
218    students from the classroom and the school bus.
219          Section 7. Subsection (22) is added to said section
220    1002.20, Florida Statutes, to read:
221          1002.20 K-12 student and parent rights.--K-12 students and
222    their parents are afforded numerous statutory rights including,
223    but not limited to, the following:
224          (22) ORDERLY, DISCIPLINED CLASSROOMS.--Public school
225    students shall be in orderly, disciplined classrooms conducive
226    to learning without the distraction caused by disobedient,
227    disrespectful, violent, abusive, uncontrollable, or disruptive
228    students, in accordance with s. 1003.32.
229          Section 8. Subsection (13) of section 1002.42, Florida
230    Statutes, is amended to read:
231          1002.42 Private schools.--
232          (13) PROFESSIONAL DEVELOPMENT SYSTEM.--An organization of
233    private schools that has no fewer than 10 member schools in this
234    state may develop a professional development system to be filed
235    with the Department of Education in accordance with the
236    provisions of s. 1012.98(6)(7).
237          Section 9. Section 1003.04, Florida Statutes, is amended
238    to read:
239          1003.04 Student conduct and parental involvement goals.--
240          (1) It is the goal of the Legislature and each district
241    school board that Each public K-12 student mustremain in
242    attendance throughout the school year, unless excused by the
243    school for illness or other good cause, and mustcomply fully
244    with the school's code of conduct.
245          (2) The parent of each public K-12 student must cooperate
246    with the authority of the student's school board,
247    superintendent, principal, teachers, and school bus drivers to
248    remove the student from the classroom or the school bus pursuant
249    to ss. 1003.31 and 1003.32 if the student is disobedient,
250    disrespectful, violent, abusive, uncontrollable, or disruptive.
251          (3)(2)It is the goal of the Legislature and each district
252    school board that the parent of each public K-12 student comply
253    with the school's reasonable and time-acceptable parental
254    involvement requests.
255          Section 10. Subsection (1) of section 1003.31, Florida
256    Statutes, is amended to read:
257          1003.31 Students subject to control of school.--
258          (1) Subject to law and rules of the State Board of
259    Education and of the district school board, each student
260    enrolled in a school shall:
261          (a) During the time she or he is being transported to or
262    from school at public expense;
263          (b) During the time she or he is attending school;
264          (c) During the time she or he is on the school premises
265    participating with authorization in a school-sponsored activity;
266    and
267          (d) During a reasonable time before and after the student
268    is on the premises for attendance at school or for authorized
269    participation in a school-sponsored activity, and only when on
270    the premises,
271         
272          be under the control and direction of the principal or teacher
273    in charge of the school, and under the immediate control and
274    direction of the teacher or other member of the instructional
275    staff or of the bus driver to whom such responsibility may be
276    assigned by the principal. However, the State Board of Education
277    or the district school board may, by rules, subject each student
278    to the control and direction of the principal or teacher in
279    charge of the school during the time she or he is otherwise en
280    route to or from school or is presumed by law to be attending
281    school. Each district school board, each district school
282    superintendent, and each school principal shall fully support
283    the authority of teachers and school bus drivers to remove
284    disobedient, disrespectful, violent, abusive, uncontrollable, or
285    disruptive students from the classroom and the school bus.
286          Section 11. Section 1003.32, Florida Statutes, is amended
287    to read:
288          1003.32 Authority of teacher; responsibility for control
289    of students; district school board and principal
290    duties.--Subject to law and to the rules of the district school
291    board, each teacher or other member of the staff of any school
292    shall have such authority for the control and discipline of
293    students as may be assigned to him or her by the principal or
294    the principal's designated representative and shall keep good
295    order in the classroom and in other places in which he or she is
296    assigned to be in charge of students.
297          (1) In accordance with this section andwithin the
298    framework of the district school board's code of student
299    conduct, teachers and other instructional personnel shall have
300    the authority to undertake any of the following actions in
301    managing student behavior and ensuring the safety of all
302    students in their classes and school and their opportunity to
303    learn in an orderly and disciplined classroom:
304          (a) Establish classroom rules of conduct.
305          (b) Establish and implement consequences, designed to
306    change behavior, for infractions of classroom rules.
307          (c) Have disobedient, disrespectful, violent, abusive,
308    uncontrollable, or disruptive students temporarily or
309    permanently removed from the classroom for behavior management
310    intervention.
311          (d) Have violent, abusive, uncontrollable, or disruptive
312    students directed for information or assistance from appropriate
313    school or district school board personnel.
314          (e) Assist in enforcing school rules on school property,
315    during school-sponsored transportation, and during school-
316    sponsored activities.
317          (f) Request and receive information as to the disposition
318    of any referrals to the administration for violation of
319    classroom or school rules.
320          (g) Request and receive immediate assistance in classroom
321    management if a student becomes uncontrollable or in case of
322    emergency.
323          (h) Request and receive training and other assistance to
324    improve skills in classroom management, violence prevention,
325    conflict resolution, and related areas.
326          (i) Press charges if a crime has been committed against
327    the teacher or other instructional personnelon school property,
328    during school-sponsored transportation, or during school-
329    sponsored activities.
330          (j) Use reasonable force, according to standards adopted
331    by the State Board of Education, to protect himself or herself
332    or others from injury.
333          (k) Use corporal punishment according to school board
334    policy and at least the following procedures, if a teacher feels
335    that corporal punishment is necessary:
336          1. The use of corporal punishment shall be approved in
337    principle by the principal before it is used, but approval is
338    not necessary for each specific instance in which it is used.
339    The principal shall prepare guidelines for administering such
340    punishment which identify the types of punishable offenses, the
341    conditions under which the punishment shall be administered, and
342    the specific personnel on the school staff authorized to
343    administer the punishment.
344          2. A teacher or principal may administer corporal
345    punishment only in the presence of another adult who is informed
346    beforehand, and in the student's presence, of the reason for the
347    punishment.
348          3. A teacher or principal who has administered punishment
349    shall, upon request, provide the student's parent with a written
350    explanation of the reason for the punishment and the name of the
351    other adult who was present.
352          (2) Teachers and other instructional personnel shall:
353          (a) Set and enforce reasonable classroom rules that treat
354    all students equitably.
355          (b) Seek professional development to improve classroom
356    management skills when data show that they are not effective in
357    handling minor classroom disruptions.
358          (c) Maintain an orderly and disciplined classroom witha
359    positive and effective learning environment that maximizes
360    learning and minimizes disruption.
361          (d) Work with parents and other school personnel to solve
362    discipline problems in their classrooms.
363          (3) A teacher may send a student to the principal's office
364    to maintain effective discipline in the classroom and may
365    recommend an appropriate consequence consistent with the student
366    code of conduct under s. 1006.07. The principal shall respond by
367    employing the teacher's recommended consequence or a more
368    serious disciplinary action if the student's history of
369    disruptive behavior warrants it. If the principal determines
370    that a lesser disciplinary action is appropriate, the principal
371    shall consult with the teacher prior to taking disciplinary
372    actionappropriate discipline-management techniques consistent
373    with the student code of conduct under s. 1006.07.
374          (4) A teacher may remove from class a student whose
375    behavior the teacher determines interferes with the teacher's
376    ability to communicate effectively with the students in the
377    class or with the ability of the student's classmates to learn.
378    Each district school board, each district school superintendent,
379    and each school principal shall support the authority of
380    teachers to remove disobedient, violent, abusive,
381    uncontrollable, or disruptive students from the classroom.
382          (5) If a teacher removes a student from class under
383    subsection (4), the principal may place the student in another
384    appropriate classroom, in in-school suspension, or in a dropout
385    prevention and academic intervention program as provided by s.
386    1003.53; or the principal may recommend the student for out-of-
387    school suspension or expulsion, as appropriate. The student may
388    be prohibited from attending or participating in school-
389    sponsored or school-related activities. The principal may not
390    return the student to that teacher's class without the teacher's
391    consent unless the committee established under subsection (6)
392    determines that such placement is the best or only available
393    alternative. The teacher and the placement review committee must
394    render decisions within 5 days of the removal of the student
395    from the classroom.
396          (6)(a) Each school shall establish a placement review
397    committee to determine placement of a student when a teacher
398    withholds consent to the return of a student to the teacher's
399    class.
400          (b) The principal must report on a quarterly basis to the
401    district school superintendent and district school board each
402    incidence of a teacher's withholding consent for a removed
403    student to return to the teacher's class and the disposition of
404    the incident, and the superintendent must annually report these
405    data to the department.
406          (c) The Commissioner of Education shall annually review
407    each school district's compliance with this section, and success
408    in achieving orderly classrooms, and shall use all appropriate
409    enforcement actions up to and including the withholding of
410    disbursements from the Educational Enhancement Trust Fund until
411    full compliance is verified.
412          (d) Placement reviewcommittee membership must include at
413    least the following:
414          1.(a) Two teachers, one selected by the school's faculty
415    and one selected by the teacher who has removed the student.
416          2.(b)One member from the school's staff who is selected
417    by the principal.
418         
419          The teacher who withheld consent to readmitting the student may
420    not serve on the committee. The teacher and the placement review
421    committee must render decisions within 5 days after the removal
422    of the student from the classroom. If the placement review
423    committee's decision is contrary to the decision of the teacher
424    to withhold consent to the return of the removed student to the
425    teacher's class, the teacher may appeal the committee's decision
426    to the district school superintendent.
427          (7) Any teacher who removes 25 percent of his or her total
428    class enrollment shall be required to complete professional
429    development to improve classroom management skills.
430          (8) Each teacher or other member of the staff of any
431    school who knows or has reason to suspect that any person has
432    committed, or has made a credible threat to commit, a crime of
433    violence on school property shall report such knowledge or
434    suspicion in accordance with the provisions of s. 1006.13. Each
435    district school superintendent and each school principal shall
436    fully support good faith reporting in accordance with the
437    provisions of this subsection and s. 1006.13. Any person who
438    makes a report required by this subsection in good faith shall
439    be immune from civil or criminal liability for making the
440    report.
441          (9)(8)When knowledgeable of the likely risk of physical
442    violence in the schools, the district school board shall take
443    reasonable steps to ensure that teachers, other school staff,
444    and students are not at undue risk of violence or harm.
445          Section 12. Section 1004.04, Florida Statutes, is amended
446    to read:
447          1004.04 Public accountability and state approval for
448    teacher preparation programs.--
449          (1) INTENT.--
450          (a)The Legislature recognizes that skilled teachers make
451    an important contribution to a system that allows students to
452    obtain a high-quality education.
453          (b) The intent of the Legislature is to require the State
454    Board of Education to attainestablisha system for development
455    and approval of teacher preparation programs that allowswill
456    freepostsecondary teacher preparation institutions to employ
457    varied and innovative teacher preparation techniques while being
458    held accountable for producing graduates with the competencies
459    and skills necessary to achieve the state education goals; help
460    the state's diverse student population, including students who
461    have substandard reading and computational skills andstudents
462    with limited English proficiency, meet high standards for
463    academic achievement; maintain safe, secure classroom learning
464    environments; and sustain the state system of school improvement
465    and education accountability established pursuant to ss.
466    1000.03(5) and 1008.345.
467          (2) UNIFORM CORE CURRICULA.--
468          (a)The State Board of Education shall adopt rules
469    pursuant to ss. 120.536(1) and 120.54 that establish uniform
470    core curricula for each state-approved teacher preparation
471    program.
472          (b) The rules to establish uniform core curricula for each
473    state-approved teacher preparation program must include, but are
474    not limited to, a State Board of Education identified foundation
475    in scientifically researched, knowledge-based reading literacy
476    and computational skills acquisition; classroom management;
477    school safety; professional ethics; educational law; human
478    development and learning; and understanding of the Sunshine
479    State Standards content measured by state achievement tests,
480    reading and interpretation of data, and use of data to improve
481    student achievement.
482          (c) These rules shall not require an additional period of
483    time-to-degree but may be phased in to enable teacher
484    preparation programs to supplant state board identified pedagogy
485    courses with the courses identified pursuant to paragraph (b).
486          (3)(2)DEVELOPMENT OF TEACHER PREPARATION PROGRAMS.--A
487    system developed by the Department of Education in collaboration
488    with postsecondary educational institutions shall assist
489    departments and colleges of education in the restructuring of
490    their programs in accordance with this sectionto meet the need
491    for producing quality teachers now and in the future.
492          (a)The system must be designed to assist teacher
493    educators in conceptualizing, developing, implementing, and
494    evaluating programs that meet state-adopted standards. These
495    standards shall emphasize quality indicators drawn from
496    research, professional literature, recognized guidelines,
497    Florida essential teaching competencies and educator-
498    accomplished practices, effective classroom practices, and the
499    outcomes of the state system of school improvement and education
500    accountability, as well as performance measures.
501          (b)Departments and colleges of education shall emphasize
502    the state system of school improvement and education
503    accountability concepts and standards, including Sunshine State
504    Standards.
505          (c)State-approved teacher preparation programs must
506    incorporate:
507          1.Appropriate English for Speakers of Other Languages
508    instruction so that program graduates will have completed the
509    requirements for teaching limited English proficient students in
510    Florida public schools.
511          2. Scientifically researched, knowledge-based reading
512    literacy and computational skills instruction so that program
513    graduates will be able to provide the necessary academic
514    foundations for their students at whatever grade levels they
515    choose to teach.
516          (4)(3)INITIAL STATE PROGRAM APPROVAL.--
517          (a) A program approval process based on standards adopted
518    pursuant to subsectionssubsection (2) and (3)must be
519    established for postsecondary teacher preparation programs,
520    phased in according to timelines determined by the Department of
521    Education, and fully implemented for all teacher preparation
522    programs in the state. Each program shall be approved by the
523    department, consistent with the intent set forth in subsection
524    (1) and based primarily upon significant, objective, and
525    quantifiable graduate performance measures.
526          (b) Each teacher preparation program approved by the
527    Department of Education, as provided for by this section, shall
528    require students to meet the following as prerequisites for
529    admission into the program:
530          1. Have a grade point average of at least 2.5 on a 4.0
531    scale for the general education component of undergraduate
532    studies or have completed the requirements for a baccalaureate
533    degree with a minimum grade point average of 2.5 on a 4.0 scale
534    from any college or university accredited by a regional
535    accrediting association as defined by State Board of Education
536    rule or otherwise approved pursuant to State Board of Education
537    rule.
538          2. Demonstrate mastery of general knowledge, including the
539    ability to read, write, and compute, by passing the College
540    Level Academic Skills Test, a corresponding component of the
541    National Teachers Examination series, or a similar test pursuant
542    to rules of the State Board of Education.
543         
544          Each teacher preparation program may waive these admissions
545    requirements for up to 10 percent of the students admitted.
546    Programs shall implement strategies to ensure that students
547    admitted under a waiver receive assistance to demonstrate
548    competencies to successfully meet requirements for
549    certification.
550          (5)(4)CONTINUED PROGRAM APPROVAL.--Notwithstanding
551    subsection (4)(3), failure by a public or nonpublic teacher
552    preparation program to meet the criteria for continued program
553    approval shall result in loss of program approval. The
554    Department of Education, in collaboration with the departments
555    and colleges of education, shall develop procedures for
556    continued program approval that document the continuous
557    improvement of program processes and graduates' performance.
558          (a) Continued approval of specific teacher preparation
559    programs at each public and nonpublic postsecondary educational
560    institution within the state is contingent upon the passing of
561    the written examination required by s. 1012.56 by at least 90
562    percent of the graduates of the program who take the
563    examination. On request of an institution, the Department of
564    Education shall provide an analysis of the performance of the
565    graduates of such institution with respect to the competencies
566    assessed by the examination required by s. 1012.56.
567          (b) Additional criteria for continued program approval for
568    public institutions may be approved by the State Board of
569    Education. Such criteria must emphasize instruction in classroom
570    management and must provide for the evaluation of the teacher
571    candidates' performance in this area. The criteria shall also
572    require instruction in working with underachieving students.
573    Program evaluation procedures must include, but are not limited
574    to, program graduates' satisfaction with instruction and the
575    program's responsiveness to local school districts. Additional
576    criteria for continued program approval for nonpublic
577    institutions shall be developed in the same manner as for public
578    institutions; however, such criteria must be based upon
579    significant, objective, and quantifiable graduate performance
580    measures. Responsibility for collecting data on outcome measures
581    through survey instruments and other appropriate means shall be
582    shared by the postsecondary educational institutions and the
583    Department of Education. By January 1 of each year, the
584    Department of Education shall report this information for each
585    postsecondary educational institution that has state-approved
586    programs of teacher education to the Governor, the State Board
587    of Education, the Commissioner of Education, the President of
588    the Senate, the Speaker of the House of Representatives, all
589    Florida postsecondary teacher preparation programs, and
590    interested members of the public. This report must analyze the
591    data and make recommendations for improving teacher preparation
592    programs in the state.
593          (c) Continued approval for a teacher preparation program
594    is contingent upon the results of annual reviews of the program
595    conducted by the postsecondary educational institution, using
596    procedures and criteria outlined in an institutional program
597    evaluation plan approved by the Department of Education. This
598    plan must incorporate the criteria established in paragraphs (a)
599    and (b) and include provisions for involving primary
600    stakeholders, such as program graduates, district school
601    personnel, classroom teachers, principals, community agencies,
602    and business representatives in the evaluation process. Upon
603    request by an institution, the department shall provide
604    assistance in developing, enhancing, or reviewing the
605    institutional program evaluation plan and training evaluation
606    team members.
607          (d) Continued approval for a teacher preparation program
608    is contingent upon standards being in place that are designed to
609    adequately prepare elementary, middle, and high school teachers
610    to instruct their students in reading andhigher-level
611    mathematics concepts and in the use of technology at the
612    appropriate grade level.
613          (e) Continued approval of teacher preparation programs is
614    contingent upon compliance with the student admission
615    requirements of subsection (4)(3)and upon the receipt of at
616    least a satisfactory rating from public schools and private
617    schools that employ graduates of the program. Each teacher
618    preparation program shall guarantee the high quality of its
619    graduates during the first 2 years immediately following
620    graduation from the program or following initial certification,
621    whichever occurs first. Any educator in a Florida school who
622    fails to demonstrate the essential skills specified in
623    subparagraphs 1.-5. shall be provided additional training by the
624    teacher preparation program at no expense to the educator or the
625    employer. Such training must consist of an individualized plan
626    agreed upon by the school district and the postsecondary
627    educational institution that includes specific learning
628    outcomes. The postsecondary educational institution assumes no
629    responsibility for the educator's employment contract with the
630    employer.Employer satisfaction shall be determined by an
631    annually administered survey instrument approved by the
632    Department of Education that, at a minimum, must include
633    employer satisfaction of the graduates' ability to do the
634    following:
635          1. Write and speak in a logical and understandable style
636    with appropriate grammar.
637          2. Recognize signs of students' difficulty with the
638    reading and computational process and apply appropriate measures
639    to improve students' reading and computational performance.
640          3. Use and integrate appropriate technology in teaching
641    and learning processes.
642          4. Demonstrate knowledge and understanding of Sunshine
643    State Standards.
644          5. Maintain an orderly and disciplined classroom conducive
645    to student learning.
646          (f)1. Each Florida public and private institution that
647    offers a state-approved teacher preparation program must
648    annually report information regarding these programs to the
649    state and the general public. This information shall be reported
650    in a uniform and comprehensible manner that is consistent with
651    definitions and methods approved by the Commissioner of the
652    National Center for Educational Statistics and that is approved
653    by the State Board of Education. This information must include,
654    at a minimum:
655          a. The percent of graduates obtaining full-time teaching
656    employment within the first year of graduation.
657          b. The average length of stay of graduates in their full-
658    time teaching positions.
659          c. Satisfaction ratings required in paragraph (e).
660          2. Each public and private institution offering training
661    for school readiness related professions, including training in
662    the fields of child care and early childhood education, whether
663    offering technical credit, associate in applied science degree
664    programs, associate in science degree programs, or associate in
665    arts degree programs, shall annually report information
666    regarding these programs to the state and the general public in
667    a uniform and comprehensible manner that conforms with
668    definitions and methods approved by the State Board of
669    Education. This information must include, at a minimum:
670          a. Average length of stay of graduates in their positions.
671          b. Satisfaction ratings of graduates' employers.
672         
673          This information shall be reported through publications,
674    including college and university catalogs and promotional
675    materials sent to potential applicants, secondary school
676    guidance counselors, and prospective employers of the
677    institution's program graduates.
678          (6)(5)PRESERVICE FIELD EXPERIENCE.--All postsecondary
679    instructors, school district personnel and instructional
680    personnel, and school sites preparing instructional personnel
681    through preservice field experience courses and internships
682    shall meet special requirements. District school boards are
683    authorized to pay student teachers during their internships.
684          (a) All instructors in postsecondary teacher preparation
685    programs who instruct or supervise preservice field experience
686    courses or internships shall have at least one of the following:
687    specialized training in clinical supervision; a valid
688    professional teaching certificate pursuant to ss. 1012.56 and
689    1012.585; or at least 3 years of successful teaching experience
690    in prekindergarten through grade 12.
691          (b) All school district personnel and instructional
692    personnel who supervise or direct teacher preparation students
693    during field experience courses or internships must have
694    evidence of "clinical educator" training and must successfully
695    demonstrate effective classroom management strategies that
696    consistently result in improved student performance. The State
697    Board of Education shall approve the training requirements.
698          (c) Preservice field experience programs must provide
699    specific guidance and demonstration of effective classroom
700    management strategies, strategies for incorporating technology
701    into classroom instruction, and ways to link instructional plans
702    to the Sunshine State Standards, as appropriate. The length of
703    structured field experiences may be extended to ensure that
704    candidates achieve the competencies needed to meet certification
705    requirements.
706          (d) Postsecondary teacher preparation programs in
707    cooperation with district school boards and approved private
708    school associations shall select the school sites for preservice
709    field experience activities. These sites must represent the full
710    spectrum of school communities, including, but not limited to,
711    schools located in urban settings. In order to be selected,
712    school sites must demonstrate commitment to the education of
713    public school students and to the preparation of future
714    teachers.
715          (7)(6)STANDARDS OF EXCELLENCE.--The State Board of
716    Education shall approve standards of excellence for teacher
717    preparation. These standards must exceed the requirements for
718    program approval pursuant to subsection (4)(3)and must
719    incorporate state and national recommendations for exemplary
720    teacher preparation programs.
721          (8)(7) NATIONALBOARD STANDARDS.--The State Board of
722    Education shall review standards and recommendations developed
723    by the National Board for Professional Teaching Standards and
724    the American Board for Certification of Teacher Excellenceand
725    may incorporate those parts deemed appropriate into criteria for
726    continued state program approval, standards of excellence, and
727    requirements for inservice education.
728          (9)(8)COMMUNITY COLLEGES.--To the extent practical,
729    postsecondary educational institutions offering teacher
730    preparation programs shall establish articulation agreements on
731    a core of liberal arts courses and introductory professional
732    courses with field experience components which shall be offered
733    at community colleges.
734          (10)(9)PRETEACHER AND TEACHER EDUCATION PILOT
735    PROGRAMS.--State universities and community colleges may
736    establish preteacher education and teacher education pilot
737    programs to encourage promising minority students to prepare for
738    a career in education. These pilot programs shall be designed to
739    recruit and provide additional academic, clinical, and
740    counseling support for students whom the institution judges to
741    be potentially successful teacher education candidates, but who
742    may not meet teacher education program admission standards.
743    Priority consideration shall be given to those pilot programs
744    that are jointly submitted by community colleges and state
745    universities.
746          (a) These pilot programs shall be approved by the State
747    Board of Education and shall be designed to provide help and
748    support for program participants during the preteacher education
749    period of general academic preparation at a community college or
750    state university and during professional preparation in a state-
751    approved teacher education program. Emphasis shall be placed on
752    development of the basic skills needed by successful teachers.
753          (b) State universities and community colleges may admit
754    into the pilot program those incoming students who demonstrate
755    an interest in teaching as a career, but who may not meet the
756    requirements for entrance into an approved teacher education
757    program.
758          1. Flexibility may be given to colleges of education to
759    develop and market innovative teacher training programs directed
760    at specific target groups such as graduates from the colleges of
761    arts and sciences, employed education paraprofessionals,
762    substitute teachers, early federal retirees, and nontraditional
763    college students. Programs must be submitted to the State Board
764    of Education for approval.
765          2. Academically successful graduates in the fields of
766    liberal arts and science may be encouraged to embark upon a
767    career in education.
768          3. Models may be developed to provide a positive initial
769    experience in teaching in order to encourage retention. Priority
770    should be given to models that encourage minority graduates.
771          (c) In order to be certified, a graduate from a pilot
772    program shall meet all requirements for teacher certification
773    specified by s. 1012.56. Should a graduate of a pilot program
774    not meet the requirements of s. 1012.56, that person shall not
775    be included in the calculations required by paragraph (5)(4)(a)
776    and State Board of Education rules for continued program
777    approval, or in the statutes used by the State Board of
778    Education in deciding which teacher education programs to
779    approve.
780          (d) Institutions participating in the pilot program shall
781    submit an annual report evaluating the success of the program to
782    the Commissioner of Education by March 1 of each year. The
783    report shall include, at a minimum,contain, but shall not be
784    limited to:the number of pilot program participants, including
785    the number participating in general education and the number
786    admitted to approved teacher education programs, the number of
787    pilot program graduates, and the number of pilot program
788    graduates who met the requirements of s. 1012.56. The
789    commissioner shall consider the number of participants
790    recruited, the number of graduates, and the number of graduates
791    successfully meeting the requirements of s. 1012.56 reported by
792    each institution, and shall make an annual recommendation to the
793    State Board of Education regarding the institution's continued
794    participation in the pilot program.
795          (11)(10)TEACHER EDUCATION PILOT PROGRAMS FOR HIGH-
796    ACHIEVING STUDENTS.--Pilot teacher preparation programs shall be
797    established at the University of Central Florida, the University
798    of North Florida, and the University of South Florida. These
799    programs shall include a year-long paid teaching assignment and
800    competency-based learning experiences and shall be designed to
801    encourage high-achieving students, as identified by the
802    institution, to pursue a career in education. Priority
803    consideration shall be given to students obtaining academic
804    degrees in mathematics, science, engineering, reading, or
805    identified critical shortage areas.Students chosen to
806    participate in the pilot programs shall agree to teach for at
807    least 1 year after they receive their degrees. Criteria for
808    identifying high-achieving students shall be developed by the
809    institution and shall include, at a minimum, requirements that
810    the student have a 3.3 grade point average or above and that the
811    student has demonstrated mastery of general knowledge pursuant
812    to s. 1012.56. The year-long paid teaching assignment shall
813    begin after completion of the equivalent of 3 years of the state
814    university teacher preparation program.
815          (a) Each pilot program shall be designed to include:
816          1. A year-long paid teaching assignment at a low-
817    performing specifiedschool site during the fourth year of the
818    state university teacher preparation program, which includes
819    intense supervision by a support team trained in clinical
820    education. The support team shall include a state university
821    supervisor and experienced school-based mentors. A mentor
822    teacher shall be assigned to each fourth year employed teacher
823    to implement an individualized learning plan. This mentor
824    teacher will be considered an adjunct professor for purposes of
825    this program and may receive credit for time spent as a mentor
826    teacher in the program. The mentor teacher must have a master's
827    degree or above, a minimum of 3 years of teaching experience,
828    and clinical education training or certification by the National
829    Board forof Professional Teaching Standards or the American
830    Board for Certification of Teacher Excellence. Experiences and
831    instruction may be delivered by other mentors, assigned
832    teachers, professors, individualized learning, and
833    demonstrations. Students in this paid teaching assignment shall
834    assume full responsibility of all teaching duties.
835          2. Professional education curriculum requirements that
836    address the educator-accomplished practices and other
837    competencies specified in state board rule.
838          3. A modified instructional delivery system that provides
839    onsite training during the paid teaching assignment in the
840    professional education areas and competencies specified in this
841    subsection. The institutions participating in this pilot program
842    shall be given a waiver to provide a modified instructional
843    delivery system meeting criteria that allows earned credit
844    through nontraditional approaches. The modified system may
845    provide for an initial evaluation of the candidate's
846    competencies to determine an appropriate individualized
847    professional development plan and may provide for earned credit
848    by:
849          a. Internet learning and competency acquisition.
850          b. Learning acquired by observing demonstrations and being
851    observed in application.
852          c. Independent study or instruction by mentor teachers or
853    adjunct teachers.
854          4. Satisfactory demonstration of the educator-accomplished
855    practices and content area competencies for program completion.
856          5. For program completion, required achievement of passing
857    scores on all tests required for certification by State Board of
858    Education rules.
859          (b) Beginning in July 2003, each institution participating
860    in the pilot program shall submit to the Commissioner of
861    Education an annual report evaluating the effectiveness of the
862    program. The report shall include, but shall not be limited to,
863    the number of students selected for the pilot program, the
864    number of students successfully completing the pilot program,
865    the number of program participants who passed all required
866    examinations, the number of program participants who
867    successfully demonstrated all required competencies, and a
868    followup study to determine the number of pilot program
869    completers who were employed in a teaching position and
870    employers' satisfaction with the performance of pilot program
871    completers.
872          (c) This subsection shall be implemented to the extent
873    specifically funded in the General Appropriations Act.
874          (12)(11)RULES.--The State Board of Education shall adopt
875    necessary rules pursuant to ss. 120.536(1) and 120.54 to
876    implement this section.
877          Section 13. Subsection (1) of section 1006.08, Florida
878    Statutes, is amended to read:
879          1006.08 District school superintendent duties relating to
880    student discipline and school safety.--
881          (1) The district school superintendent shall recommend
882    plans to the district school board for the proper accounting for
883    all students of school age, for the attendance and control of
884    students at school, andfor the proper attention to health,
885    safety, and other matters which will best promote the welfare of
886    students. Each district school superintendent shall fully
887    support the authority of his or her principals, teachers, and
888    school bus drivers to remove disobedient, disrespectful,
889    violent, abusive, uncontrollable, or disruptive students from
890    the classroom and the school bus.When the district school
891    superintendent makes a recommendation for expulsion to the
892    district school board, he or she shall give written notice to
893    the student and the student's parent of the recommendation,
894    setting forth the charges against the student and advising the
895    student and his or her parent of the student's right to due
896    process as prescribed by ss. 120.569 and 120.57(2). When
897    district school board action on a recommendation for the
898    expulsion of a student is pending, the district school
899    superintendent may extend the suspension assigned by the
900    principal beyond 10 school days if such suspension period
901    expires before the next regular or special meeting of the
902    district school board.
903          Section 14. Paragraph (a) of subsection (1) of section
904    1006.09, Florida Statutes, is amended to read:
905          1006.09 Duties of school principal relating to student
906    discipline and school safety.--
907          (1)(a) Subject to law and to the rules of the State Board
908    of Education and the district school board, the principal in
909    charge of the school or the principal's designee shall develop
910    policies for delegating to any teacher or other member of the
911    instructional staff or to any bus driver transporting students
912    of the school responsibility for the control and direction of
913    students. Each school principal shall fully support the
914    authority of his or her teachers and school bus drivers to
915    remove disobedient, disrespectful, violent, abusive,
916    uncontrollable, or disruptive students from the classroom and
917    the school bus. The principal or the principal's designee must
918    give full consideration toshall considerthe recommendation for
919    discipline made by a teacher, other member of the instructional
920    staff, or a bus driver when making a decision regarding student
921    referral for discipline.
922          Section 15. Section 1009.59, Florida Statutes, is amended
923    to read:
924          1009.59 Critical Teacher Shortage Student Loan
925    ReimbursementForgivenessProgram.--
926          (1) The Critical Teacher Shortage Student Loan
927    ReimbursementForgivenessProgram is established to encourage
928    qualified personnel with undergraduate or graduate degrees in
929    mathematics, science, engineering, reading, or State Board of
930    Education designated critical teacher shortage areasto seek
931    employment as teachers in Florida's publicly funded schoolsin
932    subject areas in which critical teacher shortages exist, as
933    identified annually by the State Board of Education. The primary
934    purposefunction of the program is to enhance the quality of
935    Florida's teacher workforce by makingmakerepayments toward
936    loans received by the selectedstudents from federal programs or
937    commercial lending institutions for the support of postsecondary
938    education study. Repayments are intended to be made to qualified
939    applicants with undergraduate or graduate degrees in
940    mathematics, science, engineering, reading, or State Board of
941    Education designated critical teacher shortage areaswho begin
942    teaching for the first time in designated subject areas, andwho
943    apply during their first full year of teaching in a publicly
944    funded school in Floridaas certified teachers in these subject
945    areas. Repayment shall be prorated if a teacher teaches at least
946    90 days during the first year of teaching.
947          (2) From the funds available, the Department of Education
948    may make loan principal repayments on behalf of persons with
949    degrees in mathematics, science, engineering, reading, or state
950    board designated critical teacher shortage areas who are
951    certified to teach in Florida public schools. The repayments may
952    be madeas follows:
953          (a) Up to $1,500 the first year the person is employed as
954    a teacher in a publicly funded school in Florida$2,500 a year
955    for up to 4 years on behalf of selected graduates of state-
956    approved undergraduate postsecondary teacher preparation
957    programs, persons certified to teach pursuant to any applicable
958    teacher certification requirements, or selected teacher
959    preparation graduates from any state participating in the
960    Interstate Agreement on the Qualification of Educational
961    Personnel.
962          (b) Up to $2,500 for the second year the person is
963    employed as a teacher in a publicly funded school in Florida
964    $5,000 a year for up to 2 years on behalf of selected graduates
965    of state-approved graduate postsecondary teacher preparation
966    programs, persons with graduate degrees certified to teach
967    pursuant to any applicable teacher certification requirements,
968    or selected teacher preparation graduates from any state
969    participating in the Interstate Agreement on the Qualification
970    of Educational Personnel.
971          (c) Up to $3,500 for the third year the person is employed
972    as a teacher in a publicly funded school in Florida.
973          (d) Up to $4,500 for the fourth year and each subsequent
974    year, up to a maximum of 10 years, the person is employed as a
975    teacher in a publicly funded school in Florida.
976          (e)(c)All repayments shall be contingent on continued
977    proof of satisfactory employment in a teacher positionthe
978    designated subject areas in a publicly funded school inthis
979    state and shall be made directly to the holder of the loan or
980    the applicant. The state shall not bear responsibility for the
981    collection of any interest charges or other remaining balance.
982    In the event that designated critical teacher shortage subject
983    areas are changed by the State Board of Education,A teacher
984    shall continue to be eligible for loan reimbursement in
985    accordance with paragraphs (a)-(d) for up to the maximum of 10
986    years if forgiveness as long as he or she continues to teach in
987    a subject area or in a critical shortage area pursuant to this
988    section at a publicly funded school in Floridain the subject
989    area for which the original loan repayment was madeand
990    otherwise meets all conditions of eligibility.
991          (3) Students receiving a statescholarship loan or a
992    fellowship loan are not eligible to participate in the Critical
993    Teacher Shortage Student Loan ReimbursementForgiveness Program.
994    (4) The Department of Education must advertise the
995    availability of this program and must advise school districts,
996    postsecondary educational institutions, and the public of the
997    criteria and application procedures.
998          (5)(4)The State Board of Education may adopt rules
999    pursuant to ss. 120.536(1) and 120.54 necessary for the
1000    administration of this program.
1001          (6)(5)This section shall be implemented only to the
1002    extent as specifically funded and authorized by law.
1003          Section 16. Section 1009.591, Florida Statutes, is created
1004    to read:
1005          1009.591 Teaching Fellows Program.--There is created the
1006    Teaching Fellows Program to encourage graduate students in
1007    mathematics, science, or engineering disciplines or state board
1008    designated critical teacher shortage areas to enter the teaching
1009    profession in public schools in Florida. The program shall be
1010    administered by the Department of Education.
1011          (1) The Teaching Fellows Program shall provide an annual
1012    stipend of $5,000 for each approved teaching fellow who is
1013    enrolled full-time in one of Florida's public or private
1014    universities in a graduate program in a mathematics, science, or
1015    engineering discipline or a state board designated critical
1016    teacher shortage area and commits to teach in a publicly funded
1017    school in Florida for 5 consecutive years immediately following
1018    completion of the graduate program.
1019          (2) It is the intent of the Legislature that the total
1020    amount appropriated annually for the program be sufficient to
1021    provide 200 teaching fellows with stipends of $5,000 per year
1022    and to provide a $5,000 signing bonus to each fellow upon
1023    initial employment as a teacher in a Florida public school
1024    graded "A," "B," or "C," or a $10,000 signing bonus upon
1025    employment in a Florida public school graded "D" or "F" with
1026    $5,000 at initial employment and $5,000 upon completion of the
1027    first year of teaching.
1028          (3) A teaching fellow may receive a stipend from the
1029    program for up to 4 consecutive years if the teaching fellow
1030    remains enrolled full-time in an eligible program and makes
1031    satisfactory progress toward a graduate degree in a program in a
1032    mathematics, science, or engineering discipline or a state board
1033    designated critical teacher shortage area.
1034          (4) A teaching fellow who receives a stipend pursuant to
1035    this section and attends a state university shall also receive a
1036    waiver of tuition and out-of-state fees, if applicable, at that
1037    university.
1038          (5) If a teaching fellow graduates and is employed
1039    following graduation as a teacher in a publicly funded school in
1040    Florida for 5 consecutive years, the teaching fellow is not
1041    required to repay the amount received as stipends, bonus, or
1042    tuition and fee waivers pursuant to this program.
1043          (6) If a teaching fellow does not obtain a graduate degree
1044    within 4 years, or if the fellow graduates but does not teach in
1045    a publicly funded school in Florida for 5 consecutive years
1046    following graduation, the teaching fellow must repay the
1047    Department of Education, on a schedule to be determined by the
1048    department, the total amount awarded for stipends, bonus, and
1049    tuition and fee waivers received pursuant to this program plus
1050    annual interest of 8 percent accruing from the date of the
1051    scholarship payment. Moneys repaid shall be deposited into the
1052    State Student Financial Assistance Trust Fund established in s.
1053    1010.73. However, the department may provide additional time for
1054    repayment if the department finds that circumstances beyond the
1055    control of the recipient caused or contributed to default on the
1056    repayment.
1057          (7) Recipients under this program are not eligible to
1058    participate in the Teacher Student Loan Reimbursement Program.
1059          (8) The department must advertise the availability of this
1060    program and advise school districts, postsecondary educational
1061    institutions, and the public of the criteria and application
1062    procedures.
1063          (9) The State Board of Education may adopt rules pursuant
1064    to ss. 120.536(1) and 120.54 necessary for the administration of
1065    this program.
1066          (10) This section shall be implemented only to the extent
1067    as specifically funded and authorized by law.
1068          Section 17. Section 1011.63, Florida Statutes, is created
1069    to read:
1070          1011.63 Better Educated Students and Teachers (BEST)
1071    Florida Teaching bonuses; categorical fund.--
1072          (1) There is created a categorical fund to provide
1073    performance bonuses to reward the top-performing 10 percent of
1074    classroom teachers in each school district with an annual
1075    performance bonus based on outstanding performance pursuant to
1076    s. 1012.34(3)(a).
1077          (2) Categorical funds for BEST Florida Teaching bonuses
1078    shall be allocated annually to each school district in the
1079    amount provided in the General Appropriations Act. These funds
1080    shall be in addition to the funds appropriated on the basis of
1081    full-time equivalent student membership in the Florida Education
1082    Finance Program and shall be included in the total potential
1083    funds of each school district. These funds shall be used only to
1084    provide BEST Florida Teaching bonuses to full-time K-12
1085    classroom teachers who demonstrate outstanding performance in
1086    each category itemized in s. 1012.34(3)(a)1.-7.
1087          (3) To be eligible for categorical funds, each district
1088    school superintendent shall submit to the Commissioner of
1089    Education, and receive the commissioner's approval of, a plan
1090    detailing the school district's methodology for selecting the
1091    teachers who receive the bonuses.
1092          (4) Each BEST Florida Teaching bonus shall be in the
1093    amount of $5,000, unless the teacher has taught for the full
1094    school year in a school that was graded "D" or "F" the prior
1095    school year, in which case the bonus shall be in the amount of
1096    $10,000. Any teacher who is not a mentor teacher and who
1097    receives a bonus 2 years in a 4-year period shall be promoted to
1098    the next higher classroom teacher category which reflects
1099    differentiated salary levels, pursuant to s. 1012.231(2).
1100          Section 18. Section 1012.05, Florida Statutes, is amended
1101    to read:
1102          1012.05 Teacher recruitment and retention.--
1103          (1) The Department of Education, in cooperation with
1104    teacher organizations, district personnel offices, and schools,
1105    colleges, and departments of alleducation inpublic and
1106    nonpublic postsecondary educational institutions, shall
1107    concentrate on the recruitment of qualified teachers.
1108          (2) The Department of Education shall:
1109          (a) Develop and implement a system for posting teaching
1110    vacancies and establish a database of teacher applicants that is
1111    accessible within and outside the state.
1112          (b) Advertise in major newspapers, national professional
1113    publications, and other professional publications and in public
1114    and nonpublic postsecondary educational institutionsschools of
1115    education.
1116          (c) Utilize state and nationwide toll-free numbers.
1117          (d) Conduct periodic communications with district
1118    personnel directors regarding applicants.
1119          (e) Provide district access to the applicant database by
1120    computer or telephone.
1121          (f) Develop and distribute promotional materials related
1122    to teaching as a career.
1123          (g) Publish and distribute information pertaining to
1124    employment opportunities, application procedures, all routes
1125    toward teacher certification, in Florida,and teacher salaries.
1126          (h) Provide information related to certification
1127    procedures.
1128          (i) Develop and sponsor the Florida Future Educator of
1129    America Program throughout the state.
1130          (j) Develop, in consultation with school district staff
1131    including, but not limited to, district school superintendents,
1132    district school board members, and district human resources
1133    personnel, a long-range plan for educator recruitment and
1134    retention.
1135          (k) Identify best practices for retaining high-quality
1136    teachers.
1137          (l) Develop, in consultation with Workforce Florida, Inc.,
1138    and the Agency for Workforce Innovation, created pursuant to ss.
1139    445.004 and 20.50, respectively, a plan for accessing and
1140    identifying available resources in the state's workforce system
1141    for the purpose of enhancing teacher recruitment and retention.
1142    (m) Develop and implement a First Response Center to
1143    provide educator candidates one-stop shopping for information on
1144    teaching careers in Florida and establish the Teacher Lifeline
1145    Network to provide on-line support to beginning teachers.
1146          (3) The Department of Education, in cooperation with
1147    district personnel offices, shall sponsor a job fair in a
1148    central part of the state to match in-state educators and
1149    potential educators and out-of-state educators and potential
1150    educatorswith teaching opportunities in this state.
1151          (4) Subject to proviso in the General Appropriations Act,
1152    the Commissioner of Education may use funds appropriated by the
1153    Legislature and funds from federal grants and other sources to
1154    provide incentives for teacher recruitment and preparation
1155    programs. The purpose of the use of such funds is to recruit and
1156    prepare individuals who do not graduate from state-approved
1157    teacher preparation programs to teach in a Florida public
1158    school. The commissioner may contract with entities other than,
1159    and including, approved teacher preparation programs to provide
1160    intensive teacher training leading to passage of the required
1161    certification exams for the desired subject area or coverage.
1162    The commissioner shall survey school districts to evaluate the
1163    effectiveness of such programs.
1164          Section 19. Section 1012.231, Florida Statutes, is created
1165    to read:
1166          1012.231 Teacher compensation; assignment of teachers.--
1167          (1) STARTING SALARY.--Beginning with the 2003-2004
1168    academic year, each district school board shall develop, and
1169    shall present to the State Board of Education by June 30, 2004,
1170    a plan, to be implemented beginning with the 2004-2005 academic
1171    year, for compensation of beginning classroom teachers at no
1172    less than the amount of $31,000, in 2003 dollars, indexed to the
1173    Consumer Price Index thereafter, pursuant to legislative
1174    appropriations. The plan shall provide for phased-in incremental
1175    implementation that maintains separation between years of
1176    service for each differentiated classroom teacher category as
1177    required pursuant to subsection (2). Effective the 2004-2005
1178    academic year, this minimum beginning salary shall be considered
1179    a statewide minimum standard similar to minimum number of school
1180    days, designation of duties of instructional personnel, and
1181    minimum certification standards, and as such shall not be
1182    subject to collective bargaining under chapter 447.
1183          (2) PERFORMANCE PAY.--Beginning with the 2003-2004
1184    academic year, each district school board shall use a portion of
1185    its teacher salary supplement categorical to fund differentiated
1186    teacher salaries, with the highest level of differentiation
1187    based on outstanding performance and assignment of additional
1188    duties. Performance shall be defined as designated in s.
1189    1012.34(3) and shall also include course pretests and posttests
1190    to determine student learning gains in grades and classes not
1191    measured by the FCAT. District school boards shall designate
1192    categories of classroom teachers reflecting these differentiated
1193    salary levels as follows:
1194          (a) Associate Teacher.--Classroom teachers who have not
1195    yet fully validated all essential teaching competencies,
1196    including the educator-accomplished practices as established in
1197    State Board of Education rule, or who have not qualified through
1198    reciprocal certification options identified in s. 1012.56(4).
1199          (b) Teacher.--Classroom teachers who have fully validated
1200    all essential teaching competencies, including the educator-
1201    accomplished practices as established in State Board of
1202    Education rule, or who have qualified through reciprocal
1203    certification options identified in s. 1012.56(4).
1204          (c) Senior Teacher.--Classroom teachers who have
1205    demonstrated outstanding performance as evidenced by improved
1206    student achievement and who are responsible for leading others
1207    in the school as department chair, lead teacher, grade-level
1208    leader, intern coordinator, or professional development
1209    coordinator. Senior teachers must serve as faculty for
1210    professional development activities as determined by the State
1211    Board of Education.
1212          (d) Mentor Teacher.--Classroom teachers who have
1213    demonstrated sustained outstanding performance as evidenced by
1214    improved student achievement and other factors as defined by the
1215    State Board of Education and who serve as regular mentors to
1216    other teachers who are either not performing satisfactorily or
1217    who strive to become more proficient. Mentor teachers must serve
1218    as faculty-based professional development coordinators and
1219    regularly demonstrate and share their expertise with other
1220    teachers in order to remain mentor teachers.
1221          (3) TEACHER ASSIGNMENT.--School districts may not assign a
1222    higher percentage of first-time teachers, temporarily certified
1223    teachers, teachers in need of improvement, or out-of-field
1224    teachers to schools with above the school district average of
1225    minority and economically disadvantaged students or schools that
1226    are graded "D" or "F." District school boards are authorized to
1227    provide salary incentives to meet this requirement. No district
1228    school board shall sign a collective bargaining agreement that
1229    fails to provide sufficient incentives to meet this requirement.
1230          Section 20. Section 1012.27, Florida Statutes, is amended
1231    to read:
1232          1012.27 Public school personnel; powers and duties of
1233    district school superintendent.--The district school
1234    superintendent isshall be responsible, as required herein,for
1235    directing the work of the personnel, subject to the requirements
1236    of this chapter, and in addition the district school
1237    superintendent shall performhave the following duties:
1238          (1) POSITIONS, QUALIFICATIONS, AND NOMINATIONS.--
1239          (a) Recommend to the district school board duties and
1240    responsibilities which need to be performed and positions which
1241    need to be filled to make possible the development of an
1242    adequate school program in the district. Beginning with the
1243    2003-2004 academic year, this recommendation shall provide for
1244    the employment of OPS personnel who are not classroom teachers
1245    to perform all paperwork and recordkeeping requirements not
1246    directly related to classroom instruction.
1247          (b) Recommend minimum qualifications of personnel for
1248    these various positions, and nominate in writing persons to fill
1249    such positions.
1250         
1251          The district school superintendent's recommendations for filling
1252    instructional positions at the school level must consider
1253    nominations received from school principals of the respective
1254    schools. Before transferring a teacher who holds a professional
1255    teaching certificate from one school to another, the district
1256    school superintendent shall consult with the principal of the
1257    receiving school and allow the principal to review the teacher's
1258    records and interview the teacher. If, in the judgment of the
1259    principal, students would not benefit from the placement, an
1260    alternative placement may be sought.
1261          (2) COMPENSATION AND SALARY SCHEDULES.--Prepare and
1262    recommend to the district school board for adoption a salary
1263    schedule or salary schedules. The district school superintendent
1264    must recommend a salary schedule for instructional personnel
1265    which bases a portion of each employee's compensation on
1266    performance demonstrated under s. 1012.34. In developing the
1267    recommended salary schedule, the district school superintendent
1268    shall include input from parents, teachers, and representatives
1269    of the business community. Beginning with the 2003-2004 academic
1270    year, the recommended salary schedule for classroom teachers
1271    shall be consistent with the requirements of s. 1012.231.
1272          (3) CONTRACTS AND TERMS OF SERVICE.--Recommend to the
1273    district school board terms for contracting with employees and
1274    prepare such contracts as are approved.
1275          (4) TRANSFER.--Recommend employees for transfer and
1276    transfer any employee during any emergency and report the
1277    transfer to the district school board at its next regular
1278    meeting.
1279          (5) SUSPENSION AND DISMISSAL.--Suspend members of the
1280    instructional staff and other school employees during
1281    emergencies for a period extending to and including the day of
1282    the next regular or special meeting of the district school board
1283    and notify the district school board immediately of such
1284    suspension. When authorized to do so, serve notice on the
1285    suspended member of the instructional staff of charges made
1286    against him or her and of the date of hearing. Recommend
1287    employees for dismissal under the terms prescribed herein.
1288          (6) DIRECT WORK OF EMPLOYEES AND SUPERVISE
1289    INSTRUCTION.--Direct or arrange for the proper direction and
1290    improvement, under rules of the district school board, of the
1291    work of all members of the instructional staff and other
1292    employees of the district school system, supervise or arrange
1293    under rules of the district school board for the supervision of
1294    instruction in the district, and take such steps as are
1295    necessary to bring about continuous improvement.
1296          Section 21. Subsections (3) and (4) of section 1012.28,
1297    Florida Statutes, are amended to read:
1298          1012.28 Public school personnel; duties of school
1299    principals.--
1300          (3) Each school principal is responsible for the
1301    performance of all personnel employed by the district school
1302    board and assigned to the school to which the principal is
1303    assigned. The school principal shall faithfully and effectively
1304    apply the personnel assessment system approved by the district
1305    school board pursuant to s. 1012.34 and, beginning with the
1306    2003-2004 academic year, s. 1012.231.
1307          (4) Each school principal shall assist the teachers within
1308    the school to use student assessment data, as measured by
1309    student learning gains pursuant to s. 1008.22, for self-
1310    evaluation. Each school principal shall also ensure that OPS
1311    school personnel who are not classroom teachers perform all
1312    paperwork and recordkeeping requirements not directly related to
1313    classroom instruction.
1314          Section 22. Subsections (1) through (6) of section
1315    1012.56, Florida Statutes, are amended to read:
1316          1012.56 Educator certification requirements.--
1317          (1) APPLICATION.--Each person seeking certification
1318    pursuant to this chapter shall submit a completed application
1319    containing the applicant's social security number to the
1320    Department of Education and remit the fee required pursuant to
1321    s. 1012.59 and rules of the State Board of Education. Pursuant
1322    to the federal Personal Responsibility and Work Opportunity
1323    Reconciliation Act of 1996, each party is required to provide
1324    his or her social security number in accordance with this
1325    section. Disclosure of social security numbers obtained through
1326    this requirement isshall belimited to the purpose of
1327    administration of the Title IV-D program of the Social Security
1328    Act for child support enforcement. Pursuant to s. 120.60, the
1329    department shall issue within 90 calendar days after the stamped
1330    receipted date of the completed application:
1331          (a) A certificate covering the classification, level, and
1332    area for which the applicant is deemed qualified; or
1333          (b) An official statement of status of eligibility. The
1334    statement of status of eligibility must advise the applicant of
1335    any qualifications that must be completed to qualify for
1336    certification. Each statement of status of eligibility is valid
1337    for 32years after its date of issuance, except as provided in
1338    paragraph (2)(d). A statement of status of eligibility may be
1339    reissued for one additional 2-year period if application is made
1340    while the initial statement of status of eligibility is valid or
1341    within 1 year after the initial statement expires, and if the
1342    certification subject area is authorized to be issued by the
1343    state board at the time the application requesting a reissued
1344    statement of status of eligibility is received.
1345          (2) ELIGIBILITY CRITERIA.--To be eligible to seek
1346    certification pursuant to this chapter, a person must:
1347          (a) Be at least 18 years of age.
1348          (b) File a written statement, under oath, that the
1349    applicant subscribes to and will uphold the principles
1350    incorporated in the Constitution of the United States and the
1351    Constitution of the State of Florida.
1352          (c) Document receipt of a bachelor's or higher degree from
1353    an accredited institution of higher learning, or a nonaccredited
1354    institution of higher learning that the Department of Education
1355    has identified as having a quality program resulting in a
1356    bachelor's degree, or higher. Each applicant seeking initial
1357    certification must have attained at least a 2.5 overall grade
1358    point average on a 4.0 scale in the applicant's major field of
1359    study. The applicant may document the required education by
1360    submitting official transcripts from institutions of higher
1361    education or by authorizing the direct submission of such
1362    official transcripts through established electronic network
1363    systems. The bachelor's or higher degree may not be required in
1364    areas approved in rule by the State Board of Education as
1365    nondegreed areas.
1366          (d) Submit to a fingerprint check from the Department of
1367    Law Enforcement and the Federal Bureau of Investigation pursuant
1368    to s. 1012.32. If the fingerprint reports indicate a criminal
1369    history or if the applicant acknowledges a criminal history, the
1370    applicant's records shall be referred to the Bureau of Educator
1371    Standards for review and determination of eligibility for
1372    certification. If the applicant fails to provide the necessary
1373    documentation requested by the Bureau of Educator Standards
1374    within 90 days after the date of the receipt of the certified
1375    mail request, the statement of eligibility and pending
1376    application shall become invalid.
1377          (e) Be of good moral character.
1378          (f) Be competent and capable of performing the duties,
1379    functions, and responsibilities of an educator.
1380          (g) Demonstrate mastery of general knowledge, pursuant to
1381    subsection (3).
1382          (h) Demonstrate mastery of subject area knowledge,
1383    pursuant to subsection (4).
1384          (i) Demonstrate mastery of professional preparation and
1385    education competence, pursuant to subsection (5).
1386          (3) MASTERY OF GENERAL KNOWLEDGE.--Acceptable means of
1387    demonstrating mastery of general knowledge are:
1388          (a) Achievement of passing scores on basic skills
1389    examination required by state board rule;
1390          (b) Achievement of passing scores on the College Level
1391    Academic Skills Test earned prior to July 1, 2002;
1392          (c) A valid professionalstandard teaching certificate
1393    issued by another state that requires an examination of mastery
1394    of general knowledge;
1395          (d) A valid standard teaching certificate issued by
1396    another state andvalid certificate issued by the National Board
1397    for Professional Teaching Standards or other such nationally
1398    recognized organization as determined by the State Board of
1399    Education; or
1400          (e) Documentation of two semesters of successful teaching
1401    in a community college, state university, or private college or
1402    university that awards an associate or higher degree and is an
1403    accredited institution or an institution of higher education
1404    identified by the Department of Education as having a quality
1405    program.A valid standard teaching certificate issued by another
1406    state and documentation of 2 years of continuous successful
1407    full-time teaching or administrative experience during the 5-
1408    year period immediately preceding the date of application for
1409    certification.
1410          (4) MASTERY OF SUBJECT AREA KNOWLEDGE.--Acceptable means
1411    of demonstrating mastery of subject area knowledge are:
1412          (a) Achievement of passing scores on subject area
1413    examinations required by state board rule;
1414          (b) Completion of the subject area specialization
1415    requirements specified in state board rule and verification of
1416    the attainment of the essential subject matter competencies by
1417    the district school superintendent of the employing school
1418    district or chief administrative officer of the employing state-
1419    supported or private school for a subject area for which a
1420    subject area examination has not been developed and required by
1421    state board rule;
1422          (c) Completion of the graduate levelsubject area
1423    specialization requirements specified in state board rule for a
1424    subject coverage requiring a master's or higher degree and
1425    achievement of a passing score on the subject area examination
1426    specified in state board rule;
1427          (d) A valid professionalstandard teaching certificate
1428    issued by another state that requires an examination of mastery
1429    of subject area knowledge; or
1430          (e) A valid standard teaching certificate issued by
1431    another state andvalid certificate issued by the National Board
1432    for Professional Teaching Standards or other such nationally
1433    recognized organization as determined by the State Board of
1434    Education.; or
1435          (f) A valid standard teaching certificate issued by
1436    another state and documentation of 2 years of continuous
1437    successful full-time teaching or administrative experience
1438    during the 5-year period immediately preceding the date of
1439    application for certification.
1440          (5) MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
1441    COMPETENCE.--Acceptable means of demonstrating mastery of
1442    professional preparation and education competence are:
1443          (a) Completion of an approved teacher preparation program
1444    at a postsecondary educational institution within this state and
1445    achievement of a passing score on the professional education
1446    competency examination required by state board rule;
1447          (b) Completion of a teacher preparation program at a
1448    postsecondary educational institution outside Florida and
1449    achievement of a passing score on the professional education
1450    competency examination required by state board rule;
1451          (c) A valid professionalstandard teaching certificate
1452    issued by another state that requires an examination of mastery
1453    of professional education competence;
1454          (d) A valid standard teaching certificate issued by
1455    another state andvalid certificate issued by the National Board
1456    for Professional Teaching Standards or other such nationally
1457    recognized organization as determined by the State Board of
1458    Education;
1459          (e) Documentation of two semesters of successful teaching
1460    in a community college, state university, or private college or
1461    university that awards an associate or higher degree and is an
1462    accredited institution or an institution of higher education
1463    identified by the Department of Education as having a quality
1464    programA valid standard teaching certificate issued by another
1465    state and documentation of 2 years of continuous successful
1466    full-time teaching or administrative experience during the 5-
1467    year period immediately preceding the date of application for
1468    certification;
1469          (f) Completion of professional preparation courses as
1470    specified in state board rule, successful completion of a
1471    professional education competence demonstration program pursuant
1472    to paragraph (7)(b), and achievement of a passing score on the
1473    professional education competency examination required by state
1474    board rule; or
1475          (g) Successful completion of a professional preparation
1476    alternative certification and education competency program,
1477    outlined in paragraph (7)(a).
1478         
1479          State Board of Education rule governing mastery of professional
1480    preparation and education competence shall be revised as
1481    necessary in accordance with s. 1004.04(2).
1482          (6) TYPES AND TERMS OF CERTIFICATION.--
1483          (a) The Department of Education shall issue a professional
1484    certificate for a period not to exceed 5 years to any applicant
1485    who meets all the requirements outlined in subsection (2).
1486          (b) The department shall issue a temporary certificate to
1487    any applicant who completes the requirements outlined in
1488    paragraphs (2)(a)-(f) and completes the subject area content
1489    requirements specified in state board rule or demonstrates
1490    mastery of subject area knowledge pursuant to subsection (4) and
1491    holds an accredited degree or a degree approved by the
1492    Department of Education at the level required for the subject
1493    area specialization in state board rule.
1494          (c) The department shall issue one nonrenewable 2-year
1495    temporary certificate and one nonrenewable 5-year professional
1496    certificate to a qualified applicant who holds a bachelor's
1497    degree in the area of speech-language impairment to allow for
1498    completion of a master's degree program in speech-language
1499    impairment.
1500         
1501          Each temporary certificate is valid for 3 school fiscal years
1502    and is nonrenewable. However, the requirement in paragraph
1503    (2)(g) must be met within 1 calendar year of the date of
1504    employment under the temporary certificate. Individuals who are
1505    employed under contract at the end of the 1 calendar year time
1506    period may continue to be employed through the end of the school
1507    year in which they have been contracted. A school district shall
1508    not employ, or continue the employment of, an individual in a
1509    position for which a temporary certificate is required beyond
1510    this time period if the individual has not met the requirement
1511    of paragraph (2)(g).The State Board of Education shall adopt
1512    rules to allow the department to extend the validity period of a
1513    temporary certificate for 2 years when the requirements for the
1514    professional certificate, not including the requirement in
1515    paragraph (2)(g),were not completed due to the serious illness
1516    or injury of the applicant or other extraordinary extenuating
1517    circumstances. Based on emergency need,the department shall
1518    reissue the temporary certificate for 2 additional years upon
1519    approval by the Commissioner of Education. A written request for
1520    such reissuance must firstof the certificate shallbe
1521    submitted, stating the basis for the emergency need,by the
1522    district school superintendent, the governing authority of a
1523    university lab school, the governing authority of a state-
1524    supported school, or the governing authority of a private
1525    school.
1526          Section 23. Subsection (1) of section 1012.57, Florida
1527    Statutes, is amended to read:
1528          1012.57 Certification of adjunct educators.--
1529          (1) Notwithstanding the provisions of ss. 1012.32,
1530    1012.55, and 1012.56, or any other provision of law or rule to
1531    the contrary, district school boards shall adopt rules to allow
1532    for the issuance ofmay issuean adjunct teaching certificate to
1533    any applicant who fulfills the requirements of s. 1012.56(2)(a)-
1534    (f) and who has expertise in the subject area to be taught. An
1535    applicant shall be considered to have expertise in the subject
1536    area to be taught if the applicant has at least a majorminorin
1537    the subject area or demonstrates sufficient subject area mastery
1538    through passage of a subject area testas determined by district
1539    school board policy. The adjunct teaching certificate shall be
1540    used for part-time teaching positions. The intent of this
1541    provision is to allow school districts to tap the wealth of
1542    talent and expertise represented in Florida's citizens who may
1543    wish to teach part-time in a Florida public school by permitting
1544    school districts to issue adjunct certificates to qualified
1545    applicants. Adjunct certificateholders should be used as a
1546    strategy to reduce the teacher shortage; thus, adjunct
1547    certificateholders should supplement a school's instructional
1548    staff, not supplant it. Each school principal shall assign an
1549    experienced peer mentor to assist the adjunct teaching
1550    certificateholder during the certificateholder's first year of
1551    teaching, and an adjunct certificateholder may participate in a
1552    district's new teacher training program. District school boards
1553    shall provide the adjunct teaching certificateholder an
1554    orientation in classroom management prior to assigning the
1555    certificateholder to a school. Each adjunct teaching certificate
1556    is valid for 5 school years and is renewable if:
1557          (a) The applicant completes a minimum of 60 inservice
1558    points or 3 semester hours of college credit. The earned credits
1559    must include instruction in classroom management, district
1560    school board procedures, school culture, and other activities
1561    that enhance the professional teaching skills of the
1562    certificateholder.
1563          (b) The applicant has received satisfactory performance
1564    evaluations during each year of teaching under adjunct teaching
1565    certification.
1566          Section 24. Paragraph (a) of subsection (1), subsection
1567    (2), and paragraph (a) of subsection (3) of section 1012.585,
1568    Florida Statutes, are amended to read:
1569          1012.585 Process for renewal of professional
1570    certificates.--
1571          (1)(a) District school boards in this stateshall renew
1572    state-issued professional certificates as follows:
1573          1. Each district school board shall renew state-issued
1574    professional certificates for individuals who hold a state-
1575    issued professional certificate by this stateand are employed
1576    by that district pursuant to criteria established in subsections
1577    (2), (3), and (4) and rules of the State Board of Education.
1578          2. The employing school district may charge the individual
1579    an application fee not to exceed the amount charged by the
1580    Department of Education for such services, including associated
1581    late renewal fees. Each district school board shall transmit
1582    monthly to the department a fee in an amount established by the
1583    State Board of Education for each renewed certificate. The fee
1584    shall not exceed the actual cost for maintenance and operation
1585    of the statewide certification database and for the actual costs
1586    incurred in printing and mailing such renewed certificates. As
1587    defined in current rules of the state board, the department
1588    shall contribute a portion of such fee for purposes of funding
1589    the Educator Recovery Network established in s. 1012.798. The
1590    department shall deposit all funds into the Educational
1591    Certification Trust Fund for use as specified in s. 1012.59.
1592          (2)(a) All professional certificates, except a
1593    nonrenewable professional certificate, shall be renewable for
1594    successive periods not to exceed 5 years after the date of
1595    submission of documentation of completion of the requirements
1596    for renewal provided in subsection (3). Only one renewal may be
1597    granted during each 5-year validity period of a professional
1598    certificate.
1599          (b) A teacher with national certification from the
1600    National Board for Professional Teaching Standards is deemed to
1601    meet state renewal requirements for the life of the teacher's
1602    national certificate in the subject shown on the national
1603    certificate. A complete renewal application and fee shall be
1604    submitted.
1605          (c) As authorized by State Board of Education rule, a
1606    teacher with a valid certificate issued by the American Board
1607    for Certification of Teacher Excellence is deemed to meet state
1608    renewal requirements for the life of the teacher's American
1609    Board certificate in the subject shown on the American Board
1610    certificate. A complete renewal application and fee shall be
1611    submitted.
1612          (d)(c)If the renewal application form is not received by
1613    the department or by the employing school district before the
1614    expiration of the professional certificate, the application
1615    form, application fee, and a late fee must be submitted before
1616    July 1 of the year following expiration of the certificate in
1617    order to renew the professional certificate.
1618          (e)(d)The State Board of Education shall adopt rules to
1619    allow a 1-year extension of the validity period of a
1620    professional certificate in the event of serious illness,
1621    injury, or other extraordinary extenuating circumstances of the
1622    applicant. The department shall grant such 1-year extension upon
1623    written request by the applicant or by the district school
1624    superintendent or the governing authority of a university lab
1625    school, state-supported school, or private school that employs
1626    the applicant.
1627          (3) For the renewal of a professional certificate, the
1628    following requirements must be met:
1629          (a) The applicant must earn a minimum of 6 college credits
1630    or 120 inservice points or a combination thereof. For each area
1631    of specialization to be retained on a certificate, the applicant
1632    must earn at least 3 of the required credit hours or equivalent
1633    inservice points in the specialization area. Education in
1634    "clinical educator" training pursuant to s. 1004.04(6)(b)
1635    1004.04(5)(b)and credits or points that provide training in the
1636    area of exceptional student education, normal child development,
1637    and the disorders of development may be applied toward any
1638    specialization area. Credits or points that provide training in
1639    the areas of drug abuse, child abuse and neglect, strategies in
1640    teaching students having limited proficiency in English, or
1641    dropout prevention, or training in areas identified in the
1642    educational goals and performance standards adopted pursuant to
1643    ss. 1000.03(5) and 1001.23 may be applied toward any
1644    specialization area. Credits or points earned through approved
1645    summer institutes may be applied toward the fulfillment of these
1646    requirements. Inservice points may also be earned by
1647    participation in professional growth components approved by the
1648    State Board of Education and specified pursuant to s. 1012.98 in
1649    the district's approved master plan for inservice educational
1650    training, including, but not limited to, serving as a trainer in
1651    an approved teacher training activity, serving on an
1652    instructional materials committee or a state board or commission
1653    that deals with educational issues, or serving on an advisory
1654    council created pursuant to s. 1001.452.
1655          Section 25. Section 1012.586, Florida Statutes, is created
1656    to read:
1657          1012.586 Additions or changes to certificates; duplicate
1658    certificates.--A school district may process via a Department of
1659    Education website certificates for the following applications of
1660    public school employees:
1661          (1) Addition of a subject coverage or endorsement to a
1662    valid Florida certificate on the basis of the completion of the
1663    appropriate subject area testing requirements of s.
1664    1012.56(4)(a) or the completion of the requirements of an
1665    approved school district program or the inservice components for
1666    an endorsement.
1667          (2) A reissued certificate to reflect a name change.
1668          (3) A duplicate certificate to replace a lost or damaged
1669    certificate.
1670         
1671          The employing school district shall charge the employee a fee
1672    not to exceed the amount charged by the Department of Education
1673    for such services. Each district school board shall retain a
1674    portion of the fee as defined in the rules of the State Board of
1675    Education. The portion sent to the department shall be used for
1676    maintenance of the technology system, the web application, and
1677    posting and mailing of the certificate.
1678          Section 26. Subsections (1) and (2) and paragraph (a) of
1679    subsection (3) of section 1012.72, Florida Statutes, are amended
1680    to read:
1681          1012.72 Dale Hickam Excellent Teaching Program.--
1682          (1) The Legislature recognizes that teachers play a
1683    critical role in preparing students to achieve the high levels
1684    of academic performance expected by the Sunshine State
1685    Standards. The Legislature further recognizes the importance of
1686    identifying and rewarding teaching excellence and of encouraging
1687    good teachers to become excellent teachers. The Legislature
1688    finds that the National Board forofProfessional Teaching
1689    Standards (NBPTS) has established high and rigorous standards
1690    for accomplished teaching and has developed a national voluntary
1691    system for assessing and certifying teachers who demonstrate
1692    teaching excellence by meeting those standards. It is therefore
1693    the Legislature's intent to provide incentives for teachers to
1694    seek NBPTS certification and to reward teachers who demonstrate
1695    teaching excellence by attaining NBPTS certification and sharing
1696    their expertise with other teachers. Contingent upon approval by
1697    the State Board of Education, the incentives and privileges
1698    extended to the NBPTS and to a teacher who holds a valid
1699    certificate issued by the NBPTS shall be extended to the
1700    American Board for Certification of Teacher Excellence (ABCTE)
1701    and to a teacher who holds a valid Master Teacher Certificate
1702    issued by the ABCTE.
1703          (2) The Dale Hickam Excellent Teaching Program is created
1704    to provide categorical funding for monetary incentives and
1705    bonuses for teaching excellence. The Department of Education
1706    shall distribute to each school district or to the NBPTS, or to
1707    the ABCTE if approved by the State Board of Education,an amount
1708    as prescribed annually by the Legislature for the Dale Hickam
1709    Excellent Teaching Program. For purposes of this section, the
1710    Florida School for the Deaf and the Blind shall be considered a
1711    school district. Unless otherwise provided in the General
1712    Appropriations Act, each distribution shall be the sum of the
1713    amounts earned for the following incentives and bonuses:
1714          (a) A fee subsidy to be paid by the Department of
1715    Education to the NBPTS, or to the ABCTE if approved by the State
1716    Board of Education,on behalf of each individual who is an
1717    employee of a district school board or a public school within
1718    the school district, who is certified by the district to have
1719    demonstrated satisfactory teaching performance pursuant to s.
1720    1012.34 and who satisfies the prerequisites for participating in
1721    the NBPTS certification program, or the ABCTE master teacher
1722    certification program if approved by the State Board of
1723    Education, and who agrees, in writing, to pay 10 percent of the
1724    NBPTS or ABCTEparticipation fee and to participate in the NBPTS
1725    certification program, or the ABCTE master teacher certification
1726    program if approved by the State Board of Education,during the
1727    school year for which the fee subsidy is provided. The fee
1728    subsidy for each eligible participant shall be an amount equal
1729    to 90 percent of the fee charged for participating in the NBPTS
1730    certification program. The fee subsidy is a one-time award and
1731    may not be duplicated for any individual.
1732          (b) A portfolio-preparation incentive of $150 paid by the
1733    Department of Education to each teacher employed by a district
1734    school board or a public school within a school district who is
1735    participating in the NBPTS certification program, or the ABCTE
1736    master teacher certification program if approved by the State
1737    Board of Education. The portfolio-preparation incentive is a
1738    one-time award paid during the school year for which the NBPTS
1739    fee subsidy is provided.
1740          (c) An annual bonus equal to 10 percent of the prior
1741    fiscal year's statewide average salary for classroom teachers to
1742    be distributed to the school district to be paid to each
1743    individual who holds NBPTS certification, or ABCTE master
1744    teacher certification if approved by the State Board of
1745    Education,and is employed by the district school board or by a
1746    public school within the school district. The district school
1747    board shall distribute the annual bonus to each individual who
1748    meets the requirements of this paragraph and who is certified
1749    annually by the district to have demonstrated satisfactory
1750    teaching performance pursuant to s. 1012.34. The annual bonus
1751    may be paid as a single payment or divided into not more than
1752    three payments.
1753          (d) An annual bonus equal to 10 percent of the prior
1754    fiscal year's statewide average salary for classroom teachers to
1755    be distributed to the school district to be paid to each
1756    individual who meets the requirements of paragraph (c) and
1757    agrees, in writing, to provide the equivalent of 12 workdays of
1758    mentoring and related services to public school teachers within
1759    the state who do not hold NBPTS certification or ABCTE
1760    certification if approved by the State Board of Education. The
1761    district school board shall distribute the annual bonus in a
1762    single payment following the completion of all required
1763    mentoring and related services for the year. It is not the
1764    intent of the Legislature to remove excellent teachers from
1765    their assigned classrooms; therefore, credit may not be granted
1766    by a school district or public school for mentoring or related
1767    services provided during student contact time during the 196
1768    days of required service for the school year.
1769         
1770          Beginning with the 2003-2004 academic year, annual bonuses
1771    pursuant to this section shall be limited to teachers who
1772    demonstrate outstanding performance in teaching subjects in
1773    student performance measurable areas, as measured by the FCAT,
1774    and who also demonstrate significant successful efforts in
1775    mentoring beginning or struggling teachers.A teacher for whom
1776    the state pays the certification fee and who does not complete
1777    the certification program or does not teach in a public school
1778    of this state for at least 1 year after completing the
1779    certification program must repay the amount of the certification
1780    fee to the state. However, a teacher who completes the
1781    certification program but fails to be awarded NBPTS
1782    certification, or ABCTE master teacher certification if approved
1783    by the State Board of Education,is not required to repay the
1784    amount of the certification fee if the teacher meets the 1-year
1785    teaching requirement. Repayment is not required of a teacher who
1786    does not complete the certification program or fails to fulfill
1787    the teaching requirement because of the teacher's death or
1788    disability or because of other extenuating circumstances as
1789    determined by the State Board of Education.
1790          (3)(a) In addition to any other remedy available under the
1791    law, any person who is a recipient of a certification fee
1792    subsidy paid to the NBPTS, or the ABCTE if approved by the State
1793    Board of Education,and who is an employee of the state or any
1794    of its political subdivisions is considered to have consented,
1795    as a condition of employment, to the voluntary or involuntary
1796    withholding of wages to repay to the state the amount of such a
1797    certification fee subsidy awarded under this section. Any such
1798    employee who defaults on the repayment of such a certification
1799    fee subsidy must, within 60 days after service of a notice of
1800    default by the Department of Education to the employee,
1801    establish a repayment schedule which must be agreed to by the
1802    department and the employee, for repaying the defaulted sum
1803    through payroll deductions. The department may not require the
1804    employee to pay more than 10 percent of the employee's pay per
1805    pay period under such a repayment schedule or plan. If the
1806    employee fails to establish a repayment schedule within the
1807    specified period of time or fails to meet the terms and
1808    conditions of the agreed upon or approved repayment schedule as
1809    authorized by this subsection, the employee has breached an
1810    essential condition of employment and is considered to have
1811    consented to the involuntary withholding of wages or salary for
1812    the repayment of the certification fee subsidy.
1813          Section 27. Subsection (3) of section 1012.73, Florida
1814    Statutes, is amended to read:
1815          1012.73 Florida Mentor Teacher School Pilot Program.--
1816          (3) The five teacher career development positions and
1817    minimum requirements are:
1818          (a) Education paraprofessional learning guide.--An
1819    education paraprofessional learning guide must hold an associate
1820    degree from a postsecondary educational institution and must
1821    demonstrate appropriate writing, speaking, and computation
1822    skills.
1823          (b) Associate teacher.--An associate teacher must hold a
1824    bachelor's degree from a postsecondary educational institution
1825    and a valid Florida teaching certificate as provided by s.
1826    1012.56.
1827          (c) Teacher.--A teacher must hold a bachelor's degree or
1828    higher from a postsecondary educational institution and a valid
1829    Florida teaching certificate, have a minimum of 3 years' full-
1830    time teaching experience, document satisfactory teaching
1831    performance, and document evidence of positive student learning
1832    gains, when data become available.
1833          (d) Lead teacher.--A lead teacher must hold a bachelor's
1834    degree or higher from a postsecondary educational institution
1835    and a valid Florida professional teaching certificate, have a
1836    minimum of 3 years' full-time teaching experience, document
1837    exemplary teaching performance, and document evidence of
1838    significant positive student learning gains, when data become
1839    available. A lead teacher shall provide intensive support for
1840    associate teachers and teachers.
1841          (e) Mentor teacher.--A mentor teacher must:
1842          1. Hold a bachelor's degree or higher from a postsecondary
1843    educational institution and a valid Florida professional
1844    teaching certificate.
1845          2. Have a minimum of 5 years' full-time teaching
1846    experience.
1847          3. Document exemplary teaching performance.
1848          4. Document evidence of significant positive student
1849    learning gains, when data become available.
1850          5. Hold a valid National Board for Professional Teaching
1851    Standards certificate; have been selected as a school, district,
1852    or state teacher of the year; or hold an equivalent status as
1853    determined by the commissioner.
1854          6. Demonstrate expertise as a staff developer.
1855         
1856          Teacher career development does not require graduation from a
1857    teacher preparation program.
1858          Section 28. Subsection (2), paragraph (b) of subsection
1859    (3), and subsections (5) through (10) of section 1012.98,
1860    Florida Statutes, are amended to read:
1861          1012.98 School Community Professional Development Act.--
1862          (2) The school community includes students and parents,
1863    administrative personnel, managers, instructional personnel,
1864    support personnel, members of district school boards, members of
1865    school advisory councils, parents,business partners, and
1866    personnel that provide health and social services to students
1867    school children. School districts may identify and include
1868    additional members of the school community in the professional
1869    development activities required by this section.
1870          (3) The activities designed to implement this section
1871    must:
1872          (b) Assist the school community in providing stimulating,
1873    scientifically research-basededucational activities that
1874    encourage and motivate students to achieve at the highest levels
1875    and to become active learners.
1876          (5)(a) The Department of Education shall provide a system
1877    for the recruitment, preparation, and professional development
1878    of school administrative personnel. This system shall:
1879          1. Identify the knowledge, competencies, and skills
1880    necessary for effective school management and instructional
1881    leadership that align with student performance standards and
1882    accountability measures.
1883          2. Include performance evaluation methods.
1884          3. Provide for alternate means for preparation of school
1885    administrative personnel which may include programs designed by
1886    school districts and postsecondary educational institutions
1887    pursuant to guidelines developed by the commissioner. Such
1888    preparation programs shall be approved by the Department of
1889    Education.
1890          4. Provide for the hiring of qualified out-of-state school
1891    administrative personnel.
1892          5. Provide advanced educational opportunities for school-
1893    based instructional leaders.
1894          (b) The Commissioner of Education shall appoint a task
1895    force that includes a district school superintendent, a district
1896    school board member, a principal, an assistant principal, a
1897    teacher, a dean of a college of education, and parents. The task
1898    force shall convene periodically to provide recommendations to
1899    the department in the areas of recruitment, certification,
1900    preparation, professional development, and evaluation of school
1901    administrators.
1902          (5)(6)Each district school board shall provide funding
1903    for the professional development system as required by s.
1904    1011.62 and the General Appropriations Act, and shall direct
1905    expenditures from other funding sources to strengthen the system
1906    and make it uniform and coherent. A school district may
1907    coordinate its professional development program with that of
1908    another district, with an educational consortium, or with a
1909    community college or university, especially in preparing and
1910    educating personnel. Each district school board shall make
1911    available inservice activities to instructional personnel of
1912    nonpublic schools in the district and the state certified
1913    teachers who are not employed by the district school board on a
1914    fee basis not to exceed the cost of the activity per all
1915    participants.
1916          (6)(7)An organization of private schools which has no
1917    fewer than 10 member schools in this state, which publishes and
1918    files with the Department of Education copies of its standards,
1919    and the member schools of which comply with the provisions of
1920    part II of chapter 1003, relating to compulsory school
1921    attendance, may also develop aprofessional development system
1922    that includes a master plan for inservice activities. The system
1923    and inservice plan must be submitted to the commissioner for
1924    approval pursuant to rules of the State Board of Education.
1925          (7)(8)The Department of Education shall design methods by
1926    which the state and district school boards may evaluate and
1927    improve the professional development system. The evaluation must
1928    include an annual assessment of data that indicate progress or
1929    lack of progress of all students. If the review of the data
1930    indicates progress, the department shall identify the best
1931    practices that contributed to the progress. If the review of the
1932    data indicates a lack of progress, the department shall
1933    investigate the causes of the lack of progress, provide
1934    technical assistance, and require the school district to employ
1935    a different approach to professional development. The department
1936    shall report annually to the State Board of Education and the
1937    Legislature any school district that, in the determination of
1938    the department, has failed to provide an adequate professional
1939    development system. This report must include the results of the
1940    department's investigation and of any intervention provided.
1941          (8)(9)The State Board of Education may adopt rules
1942    pursuant to ss. 120.536(1) and 120.54 to administer this
1943    section.
1944          (9)(10)This section does not limit or discourage a
1945    district school board from contracting with independent entities
1946    for professional development services and inservice education if
1947    the district school board can demonstrate to the Commissioner of
1948    Educationbelievesthat, through such a contract, a better
1949    product can be acquired or its goals for education improvement
1950    can be better met.
1951          (10)(11)For teachers, managers, and administrative
1952    personnel who have been evaluated as less than satisfactory, a
1953    district school board shall require participation in specific
1954    professional development programs as part of the improvement
1955    prescription.
1956          Section 29. Section 1012.987, Florida Statutes, is created
1957    to read:
1958          1012.987 Education leadership development.--
1959          (1) The State Board of Education shall adopt rules through
1960    which school principals may earn a principal leadership
1961    designation based on teacher retention, overall student
1962    performance, and school grade. The State Board of Education must
1963    designate incentives available to personnel who earn a principal
1964    leadership designation including, but not limited to, merit pay,
1965    expanded discretionary spending flexibility, relaxed regulation
1966    or reporting requirements, additional professional development
1967    resources, and public recognition.
1968          (2)(a) The Department of Education shall provide a system
1969    for the recruitment, preparation, and education leadership
1970    development of school administrative personnel. This system
1971    shallbe based on standards adopted by the State Board of
1972    Education that include, but are not limited to:
1973          1. Improved student achievement.
1974          2. Increased emphasis on reading using the latest
1975    scientific knowledge-based research in reading and the
1976    administrator's role as a successful school leader in reading
1977    reform efforts.
1978          3. Instructional leadership.
1979          4. Data analysis.
1980          5. School safety.
1981          6. Community and family involvement.
1982          7. Operational management.
1983          8. School finance.
1984         
1985          (b) Each education leadership development program must
1986    provide all program participants full information on not less
1987    than an annual basis to update the participants on the status
1988    of, and rationale for changes to, state and federal law and
1989    funding policies.
1990          (c) Education leadership development programs must be
1991    consistent with standards adopted by the State Board of
1992    Education and must be approved by the department.
1993          (d) Alternative education leadership development programs
1994    that meet the standards of, and are approved by, the Department
1995    of Education may be offered by a school district or
1996    postsecondary educational institution.
1997          (e) The Commissioner of Education may conduct K-20
1998    education leadership institutes for the purpose of communicating
1999    the state's education priorities, best practices, and other
2000    related research and facilitating the formation of a K-20
2001    partnership.
2002          Section 30. Notwithstanding any provision of law to the
2003    contrary, when a school is graded "F" or receives a second
2004    consecutive grade of "D," the elected district school
2005    superintendent, or if the district school superintendent is
2006    appointed, the district school board, may request the
2007    resignation of the school principal and teachers.
2008          Section 31. This act shall take effect upon becoming a
2009    law.