HB 0901 2003
1	CHAMBER ACTION
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6	The Committee on Education K-20 recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to educational leadership; creating the
12	BEST Florida Teaching Act of 2003; creating s. 1000.041,
13	F.S.; providing legislative purposes and guiding
14	principles of the act; amending s. 1001.33, F.S.;
15	requiring cooperation to apply such guiding principles;
16	amending s. 1001.42, F.S.; requiring district school
17	boards to provide clerical personnel or volunteers to
18	assist teachers in noninstructional activities; requiring
19	school district support of authority; amending ss. 1001.51
20	and 1001.54, F.S.; providing for cooperation and support
21	of district school superintendents and school principals;
22	amending s. 1002.20, F.S.; providing student rights with
23	respect to classroom orderliness; amending s. 1002.42,
24	F.S.; correcting a cross reference; amending s. 1003.04,
25	F.S.; requiring specified student conduct; requiring
26	parental cooperation with school authority; amending s.
27	1003.31, F.S.; providing for support of the authority of
28	teachers and bus drivers; amending s. 1003.32, F.S.;
29	revising provisions relating to teacher authority and
30	responsibility for control of students; designating a
31	school placement review committee to determine placement
32	for disruptive students; requiring reports; requiring
33	Commissioner of Education review of success in achieving
34	orderly classrooms and use of enforcement actions;
35	requiring reporting of knowledge or belief of crimes of
36	violence on school property; providing immunity; amending
37	s. 1004.04, F.S.; revising provisions relating to state
38	approval of teacher preparation programs; expanding State
39	Board of Education rules establishing core curricula;
40	requiring teacher preparation programs to incorporate
41	certain instruction; providing for guarantee; providing
42	for additional teacher training under certain
43	circumstances; authorizing pay for student teacher
44	internships; providing priority consideration for
45	participation in teacher education pilot programs;
46	amending ss. 1006.08 and 1006.09, F.S.; providing for
47	district school superintendent and school principal
48	support relating to student discipline; amending s.
49	1009.59, F.S.; renaming and revising eligibility criteria
50	and loan reimbursement of the Critical Teacher Shortage
51	Student Loan Forgiveness Program; creating s. 1009.591,
52	F.S.; creating the Teaching Fellows Program to encourage
53	certain graduate students to enter the teaching
54	profession; providing for stipends, signing bonuses upon
55	employment, and waiver of tuition and fees under certain
56	circumstances; providing repayment requirements; creating
57	s. 1011.63, F.S.; creating a categorical fund for a salary
58	career ladder; providing requirements to access funds;
59	providing for allocation to school districts; amending s.
60	1012.05, F.S.; requiring the Department of Education to
61	provide for one-stop shopping for teacher career
62	information and on-line support; authorizing use of funds
63	to recruit and prepare teachers; creating s. 1012.231,
64	F.S.; requiring district school board plans for
65	compensation of classroom teachers; providing for funding
66	teacher salary career ladders based on performance;
67	providing requirements and incentives relating to teacher
68	assignments; amending ss. 1012.27 and 1012.28, F.S.;
69	providing duties of district school superintendents and
70	school principals; amending s. 1012.56, F.S.; revising the
71	time period for which an official statement of status of
72	eligibility for certification is valid; revising
73	requirements for mastery of general knowledge, mastery of
74	subject area knowledge, and mastery of professional
75	preparation and education competence; revising provisions
76	relating to temporary certificates; amending s. 1012.57,
77	F.S.; requiring district school boards to adopt rules to
78	allow for the issuance of adjunct teaching certificates;
79	revising provisions relating to determination of expertise
80	in the subject area to be taught; amending s. 1012.585,
81	F.S.; revising certain requirements for renewal of
82	professional certificates; correcting a cross reference;
83	creating s. 1012.586, F.S.; authorizing school districts
84	to process certain applications via website; providing for
85	a fee and the uses thereof; amending s. 1012.72, F.S.;
86	expanding the Dale Hickam Excellent Teaching program to
87	provide incentives for teachers who seek or are issued
88	certain certification by the American Board for
89	Certification of Teacher Excellence; restricting bonuses
90	to certain teachers; repealing s. 1012.73, F.S., relating
91	to the mentor teacher pilot program; amending s. 1012.98,
92	F.S.; revising provisions relating to the School Community
93	Professional Development Act; deleting provisions relating
94	to recruitment, preparation, and professional development
95	of school administrative personnel; creating s. 1012.987,
96	F.S.; authorizing a principal leadership designation and
97	incentives therefor; requiring a system for recruitment,
98	preparation, and education leadership development of
99	school administrative personnel; authorizing request of
100	resignation of a school principal and teachers under
101	certain circumstances; requiring district school boards to
102	review and consider amending certain collective bargaining
103	contracts; requiring the Commissioner of Education to
104	conduct a survey of classroom teachers; amending s.
105	121.021, F.S.; correcting a cross reference; providing an
106	effective date.
107
108	Be It Enacted by the Legislature of the State of Florida:
109
110	Section 1. This act shall be known by the popular name
111	"The BEST Florida Teaching Act of 2003."
112	Section 2. Section 1000.041, Florida Statutes, is created
113	to read:
114	1000.041 Better Educated Students and Teachers (BEST)
115	Florida Teaching Act of 2003; legislative purposes; guiding
116	principles.--The legislative purposes and guiding principles of
117	the BEST Florida Teaching Act of 2003 are:
118	(1) Teachers teach, students learn.
119	(2) Teachers maintain orderly, disciplined classrooms
120	conducive to student learning.
121	(3) Teachers are trained, recruited, well compensated, and
122	retained for quality.
123	(4) Teachers are well rewarded for their students' high
124	performance.
125	(5) Teachers are most effective when served by exemplary
126	school administrators.
127
128	Each teacher preparation program, each postsecondary educational
129	institution providing dual enrollment or other acceleration
130	programs, each district school board, and each district and
131	school-based administrator fully supports and cooperates in the
132	accomplishment of these purposes and guiding principles.
133	Section 3. Section 1001.33, Florida Statutes, is amended
134	to read:
135	1001.33 Schools under control of district school board and
136	district school superintendent.--
137	(1)Except as otherwise provided by law, all public
138	schools conducted within the district shall be under the
139	direction and control of the district school board with the
140	district school superintendent as executive officer.
141	(2) Each district school board, each district school
142	superintendent, and each district and school-based administrator
143	shall cooperate to apply the following guiding principles of the
144	Better Educated Students and Teachers (BEST) Florida Teaching
145	Act of 2003:
146	(a) Teachers teach, students learn.
147	(b) Teachers maintain orderly, disciplined classrooms
148	conducive to student learning.
149	(c) Teachers are trained, recruited, well compensated, and
150	retained for quality.
151	(d) Teachers are well rewarded for their students' high
152	performance.
153	(e) Teachers are most effective when served by exemplary
154	school administrators.
155	Section 4. Subsections (5) and (6) of section 1001.42,
156	Florida Statutes, are amended to read:
157	1001.42 Powers and duties of district school board.--The
158	district school board, acting as a board, shall exercise all
159	powers and perform all duties listed below:
160	(5) PERSONNEL.--
161	(a)Designate positions to be filled, prescribe
162	qualifications for those positions, and provide for the
163	appointment, compensation, promotion, suspension, and dismissal
164	of employees, subject to the requirements of chapter 1012. Each
165	district school board shall provide clerical personnel or
166	volunteers who are not classroom teachers to assist teachers in
167	noninstructional activities, including performing paperwork and
168	recordkeeping duties. However, a teacher shall remain
169	responsible for all instructional activities and for classroom
170	management and grading student performance.
171	(b)Notwithstanding s. 1012.55 or any other provision of
172	law or rule to the contrary and, the district school board may,
173	consistent with adopted district school board policy relating to
174	alternative certification for school principals, have the
175	authority toappoint persons to the position of school principal
176	who do not hold educator certification.
177	(c) Fully support and cooperate in the application of the
178	guiding principles of the Better Educated Students and Teachers
179	(BEST) Florida Teaching Act of 2003, pursuant to s. 1000.041.
180	(6) STUDENTCHILDWELFARE.--
181	(a)In accordance with the provisions of chapters 1003 and
182	1006, provide for the proper accounting for all students
183	childrenof school age, for the attendance and control of
184	students at school, and for proper attention to health, safety,
185	and other matters relating to the welfare of studentschildren.
186	(b) In accordance with the provisions of ss. 1003.31 and
187	1003.32, fully support the authority of each teacher and school
188	bus driver to remove disobedient, disrespectful, violent,
189	abusive, uncontrollable, or disruptive students from the
190	classroom and the school bus and the authority of the school
191	principal to place such students in an alternative educational
192	setting, when appropriate and available.
193	Section 5. Subsection (23) of section 1001.51, Florida
194	Statutes, is renumbered as subsection (25), and new subsections
195	(23) and (24) are added to said section to read:
196	1001.51 Duties and responsibilities of district school
197	superintendent.--The district school superintendent shall
198	exercise all powers and perform all duties listed below and
199	elsewhere in the law, provided that, in so doing, he or she
200	shall advise and counsel with the district school board. The
201	district school superintendent shall perform all tasks necessary
202	to make sound recommendations, nominations, proposals, and
203	reports required by law to be acted upon by the district school
204	board. All such recommendations, nominations, proposals, and
205	reports by the district school superintendent shall be either
206	recorded in the minutes or shall be made in writing, noted in
207	the minutes, and filed in the public records of the district
208	school board. It shall be presumed that, in the absence of the
209	record required in this section, the recommendations,
210	nominations, and proposals required of the district school
211	superintendent were not contrary to the action taken by the
212	district school board in such matters.
213	(23) QUALITY TEACHERS.--Fully support and cooperate in the
214	application of the guiding principles of the Better Educated
215	Students and Teachers (BEST) Florida Teaching Act of 2003,
216	pursuant to s. 1000.041.
217	(24) ORDERLY CLASSROOMS AND SCHOOL BUSES.--Fully support
218	the authority of each teacher, according to s. 1003.32, and
219	school bus driver to remove disobedient, disrespectful, violent,
220	abusive, uncontrollable, or disruptive students from the
221	classroom and the school bus and the authority of the school
222	principal to place such students in an alternative educational
223	setting, when appropriate and available.
224	Section 6. Subsection (1) of section 1001.54, Florida
225	Statutes, is amended to read:
226	1001.54 Duties of school principals.--
227	(1)(a)A district school board shall employ, through
228	written contract, public school principals.
229	(b)The school principal has authority over school
230	district personnel in accordance with s. 1012.28.
231	(c) The school principal shall encourage school personnel
232	to implement the guiding principles of the Better Educated
233	Students and Teachers (BEST) Florida Teaching Act of 2003,
234	pursuant to s. 1000.041.
235	(d) The school principal should fully support the
236	authority of each teacher, according to s. 1003.32, and school
237	bus driver to remove disobedient, disrespectful, violent,
238	abusive, uncontrollable, or disruptive students from the
239	classroom and the school bus and, when appropriate and
240	available, place such students in an alternative educational
241	setting.
242	Section 7. Subsection (22) is added to said section
243	1002.20, Florida Statutes, to read:
244	1002.20 K-12 student and parent rights.--K-12 students and
245	their parents are afforded numerous statutory rights including,
246	but not limited to, the following:
247	(22) ORDERLY, DISCIPLINED CLASSROOMS.--Public school
248	students shall be in orderly, disciplined classrooms conducive
249	to learning without the distraction caused by disobedient,
250	disrespectful, violent, abusive, uncontrollable, or disruptive
251	students, in accordance with s. 1003.32.
252	Section 8. Subsection (13) of section 1002.42, Florida
253	Statutes, is amended to read:
254	1002.42 Private schools.--
255	(13) PROFESSIONAL DEVELOPMENT SYSTEM.--An organization of
256	private schools that has no fewer than 10 member schools in this
257	state may develop a professional development system to be filed
258	with the Department of Education in accordance with the
259	provisions of s. 1012.98(6)(7).
260	Section 9. Section 1003.04, Florida Statutes, is amended
261	to read:
262	1003.04 Student conduct and parental involvement goals.--
263	(1) It is the goal of the Legislature and each district
264	school board that Each public K-12 student must comply with
265	school attendance lawsremain in attendancethroughout the
266	school year, unless excused by the school for illness or other
267	good cause, and mustcomply fully with the school's code of
268	conduct.
269	(2) The parent of each public K-12 student must cooperate
270	with the authority of the student's district school board,
271	superintendent, principal, teachers, and school bus drivers,
272	according to ss. 1003.31 and 1003.32, to remove the student from
273	the classroom and the school bus and, when appropriate and
274	available, to place the student in an alternative educational
275	setting, if the student is disobedient, disrespectful, violent,
276	abusive, uncontrollable, or disruptive.
277	(3)(2)It is the goal of the Legislature and each district
278	school board that the parent of each public K-12 student comply
279	with the school's reasonable and time-acceptable parental
280	involvement requests.
281	Section 10. Subsection (1) of section 1003.31, Florida
282	Statutes, is amended to read:
283	1003.31 Students subject to control of school.--
284	(1) Subject to law and rules of the State Board of
285	Education and of the district school board, each student
286	enrolled in a school shall:
287	(a) During the time she or he is being transported to or
288	from school at public expense;
289	(b) During the time she or he is attending school;
290	(c) During the time she or he is on the school premises
291	participating with authorization in a school-sponsored activity;
292	and
293	(d) During a reasonable time before and after the student
294	is on the premises for attendance at school or for authorized
295	participation in a school-sponsored activity, and only when on
296	the premises,
297
298	be under the control and direction of the principal or teacher
299	in charge of the school, and under the immediate control and
300	direction of the teacher or other member of the instructional
301	staff or of the bus driver to whom such responsibility may be
302	assigned by the principal. However, the State Board of Education
303	or the district school board may, by rules, subject each student
304	to the control and direction of the principal or teacher in
305	charge of the school during the time she or he is otherwise en
306	route to or from school or is presumed by law to be attending
307	school. Each district school board, each district school
308	superintendent, and each school principal should fully support
309	the authority of teachers, according to s. 1003.32, and school
310	bus drivers to remove disobedient, disrespectful, violent,
311	abusive, uncontrollable, or disruptive students from the
312	classroom and the school bus and, when appropriate and
313	available, place such students in an alternative educational
314	setting.
315	Section 11. Section 1003.32, Florida Statutes, is amended
316	to read:
317	1003.32 Authority of teacher; responsibility for control
318	of students; district school board and principal duties.--
319	Subject to law and to the rules of the district school board,
320	each teacher or other member of the staff of any school shall
321	have such authority for the control and discipline of students
322	as may be assigned to him or her by the principal or the
323	principal's designated representative and shall keep good order
324	in the classroom and in other places in which he or she is
325	assigned to be in charge of students.
326	(1) In accordance with this section andwithin the
327	framework of the district school board's code of student
328	conduct, teachers and other instructional personnel shall have
329	the authority to undertake any of the following actions in
330	managing student behavior and ensuring the safety of all
331	students in their classes and school and their opportunity to
332	learn in an orderly and disciplined classroom:
333	(a) Establish classroom rules of conduct.
334	(b) Establish and implement consequences, designed to
335	change behavior, for infractions of classroom rules.
336	(c) Have disobedient, disrespectful, violent, abusive,
337	uncontrollable, or disruptive students temporarilyremoved from
338	the classroom for behavior management intervention.
339	(d) Have violent, abusive, uncontrollable, or disruptive
340	students directed for information or assistance from appropriate
341	school or district school board personnel.
342	(e) Assist in enforcing school rules on school property,
343	during school-sponsored transportation, and during school-
344	sponsored activities.
345	(f) Request and receive information as to the disposition
346	of any referrals to the administration for violation of
347	classroom or school rules.
348	(g) Request and receive immediate assistance in classroom
349	management if a student becomes uncontrollable or in case of
350	emergency.
351	(h) Request and receive training and other assistance to
352	improve skills in classroom management, violence prevention,
353	conflict resolution, and related areas.
354	(i) Press charges if there is reason to believe thata
355	crime has been committed against the teacher or other
356	instructional personnelon school property, during school-
357	sponsored transportation, or during school-sponsored activities.
358	(j) Use reasonable force, according to standards adopted
359	by the State Board of Education, to protect himself or herself
360	or others from injury.
361	(k) Use corporal punishment according to school board
362	policy and at least the following procedures, if a teacher feels
363	that corporal punishment is necessary:
364	1. The use of corporal punishment shall be approved in
365	principle by the principal before it is used, but approval is
366	not necessary for each specific instance in which it is used.
367	The principal shall prepare guidelines for administering such
368	punishment which identify the types of punishable offenses, the
369	conditions under which the punishment shall be administered, and
370	the specific personnel on the school staff authorized to
371	administer the punishment.
372	2. A teacher or principal may administer corporal
373	punishment only in the presence of another adult who is informed
374	beforehand, and in the student's presence, of the reason for the
375	punishment.
376	3. A teacher or principal who has administered punishment
377	shall, upon request, provide the student's parent with a written
378	explanation of the reason for the punishment and the name of the
379	other adult who was present.
380	(2) Teachers and other instructional personnel shall:
381	(a) Set and enforce reasonable classroom rules that treat
382	all students equitably.
383	(b) Seek professional development to improve classroom
384	management skills when data show that they are not effective in
385	handling minor classroom disruptions.
386	(c) Maintain an orderly and disciplined classroom witha
387	positive and effective learning environment that maximizes
388	learning and minimizes disruption.
389	(d) Work with parents and other school personnel to solve
390	discipline problems in their classrooms.
391	(3) A teacher may send a student to the principal's office
392	to maintain effective discipline in the classroom and may
393	recommend an appropriate consequence consistent with the student
394	code of conduct under s. 1006.07. The principal shall respond by
395	employing the teacher's recommended consequence or a more
396	serious disciplinary action if the student's history of
397	disruptive behavior warrants it. If the principal determines
398	that a different disciplinary action is appropriate, the
399	principal should consult with the teacher prior to taking such
400	different disciplinary actionappropriate discipline-management
401	techniques consistent with the student code of conduct under s.
402	1006.07.
403	(4) A teacher may remove a student from class a student
404	whose behavior the teacher determines interferes with the
405	teacher's ability to communicate effectively with the students
406	in the class or with the ability of the student's classmates to
407	learn. Each district school board, each district school
408	superintendent, and each school principal should support the
409	authority of teachers to remove disobedient, violent, abusive,
410	uncontrollable, or disruptive students from the classroom.
411	(5) If a teacher removes a student from class under
412	subsection (4), the principal may place the student in another
413	appropriate classroom, in in-school suspension, or in a dropout
414	prevention and academic intervention program as provided by s.
415	1003.53; or the principal may recommend the student for out-of-
416	school suspension or expulsion, as appropriate. The student may
417	be prohibited from attending or participating in school-
418	sponsored or school-related activities. The principal may not
419	return the student to that teacher's class without the teacher's
420	consent unless the committee established under subsection (6)
421	determines that such placement is the best or only available
422	alternative. The teacher and the placement review committee must
423	render decisions within 5 days of the removal of the student
424	from the classroom.
425	(6)(a) Each school shall establish a placement review
426	committee to determine placement of a student when a teacher
427	withholds consent to the return of a student to the teacher's
428	class. A school principal must notify each teacher in that
429	school about the availability, the procedures, and the criteria
430	for the placement review committee as outlined in this section.
431	(b) The principal must report on a quarterly basis to the
432	district school superintendent and district school board each
433	incidence of a teacher's withholding consent for a removed
434	student to return to the teacher's class and the disposition of
435	the incident, and the superintendent must annually report these
436	data to the department.
437	(c) The Commissioner of Education shall annually review
438	each school district's compliance with this section, and success
439	in achieving orderly classrooms, and shall use all appropriate
440	enforcement actions up to and including the withholding of
441	disbursements from the Educational Enhancement Trust Fund until
442	full compliance is verified.
443	(d) Placement reviewcommittee membership must include at
444	least the following:
445	1.(a) Two teachers, one selected by the school's faculty
446	and one selected by the teacher who has removed the student.
447	2.(b)One member from the school's staff who is selected
448	by the principal.
449
450	The teacher who withheld consent to readmitting the student may
451	not serve on the committee. The teacher and the placement review
452	committee must render decisions within 5 days after the removal
453	of the student from the classroom. If the placement review
454	committee's decision is contrary to the decision of the teacher
455	to withhold consent to the return of the removed student to the
456	teacher's class, the teacher may appeal the committee's decision
457	to the district school superintendent.
458	(7) Any teacher who removes 25 percent of his or her total
459	class enrollment shall be required to complete professional
460	development to improve classroom management skills.
461	(8) Each teacher or other member of the staff of any
462	school who knows or has reason to believe that any person has
463	committed, or has made a credible threat to commit, a crime of
464	violence on school property shall report such knowledge or
465	belief in accordance with the provisions of s. 1006.13. Each
466	district school superintendent and each school principal shall
467	fully support good faith reporting in accordance with the
468	provisions of this subsection and s. 1006.13. Any person who
469	makes a report required by this subsection in good faith shall
470	be immune from civil or criminal liability for making the
471	report.
472	(9)(8)When knowledgeable of the likely risk of physical
473	violence in the schools, the district school board shall take
474	reasonable steps to ensure that teachers, other school staff,
475	and students are not at undue risk of violence or harm.
476	Section 12. Section 1004.04, Florida Statutes, is amended
477	to read:
478	1004.04 Public accountability and state approval for
479	teacher preparation programs.--
480	(1) INTENT.--
481	(a)The Legislature recognizes that skilled teachers make
482	an important contribution to a system that allows students to
483	obtain a high-quality education.
484	(b) The intent of the Legislature is to require the State
485	Board of Education to attainestablisha system for development
486	and approval of teacher preparation programs that allowswill
487	freepostsecondary teacher preparation institutions to employ
488	varied and innovative teacher preparation techniques while being
489	held accountable for producing graduates with the competencies
490	and skills necessary to achieve the state education goals; help
491	the state's diverse student population, including students who
492	have substandard reading and computational skills andstudents
493	with limited English proficiency, meet high standards for
494	academic achievement; maintain safe, secure classroom learning
495	environments; and sustain the state system of school improvement
496	and education accountability established pursuant to ss.
497	1000.03(5) and 1008.345.
498	(2) UNIFORM CORE CURRICULA.--
499	(a)The State Board of Education shall adopt rules
500	pursuant to ss. 120.536(1) and 120.54 that establish uniform
501	core curricula for each state-approved teacher preparation
502	program.
503	(b) The rules to establish uniform core curricula for each
504	state-approved teacher preparation program must include, but are
505	not limited to, a State Board of Education identified foundation
506	in scientifically researched, knowledge-based reading literacy
507	and computational skills acquisition; classroom management;
508	school safety; professional ethics; educational law; human
509	development and learning; and understanding of the Sunshine
510	State Standards content measured by state achievement tests,
511	reading and interpretation of data, and use of data to improve
512	student achievement.
513	(c) These rules shall not require an additional period of
514	time-to-degree but may be phased in to enable teacher
515	preparation programs to supplant courses, including pedagogy
516	courses, not required by law or State Board of Education rule
517	with the courses identified pursuant to paragraph (b).
518	(3)(2)DEVELOPMENT OF TEACHER PREPARATION PROGRAMS.--A
519	system developed by the Department of Education in collaboration
520	with postsecondary educational institutions shall assist
521	departments and colleges of education in the restructuring of
522	their programs in accordance with this sectionto meet the need
523	for producing quality teachers now and in the future.
524	(a)The system must be designed to assist teacher
525	educators in conceptualizing, developing, implementing, and
526	evaluating programs that meet state-adopted standards. These
527	standards shall emphasize quality indicators drawn from
528	research, professional literature, recognized guidelines,
529	Florida essential teaching competencies and educator-
530	accomplished practices, effective classroom practices, and the
531	outcomes of the state system of school improvement and education
532	accountability, as well as performance measures.
533	(b)Departments and colleges of education shall emphasize
534	the state system of school improvement and education
535	accountability concepts and standards, including Sunshine State
536	Standards.
537	(c)State-approved teacher preparation programs must
538	incorporate:
539	1.Appropriate English for Speakers of Other Languages
540	instruction so that program graduates will have completed the
541	requirements for teaching limited English proficient students in
542	Florida public schools.
543	2. Scientifically researched, knowledge-based reading
544	literacy and computational skills instruction so that program
545	graduates will be able to provide the necessary academic
546	foundations for their students at whatever grade levels they
547	choose to teach.
548	(4)(3)INITIAL STATE PROGRAM APPROVAL.--
549	(a) A program approval process based on standards adopted
550	pursuant to subsectionssubsection (2) and (3)must be
551	established for postsecondary teacher preparation programs,
552	phased in according to timelines determined by the Department of
553	Education, and fully implemented for all teacher preparation
554	programs in the state. Each program shall be approved by the
555	department, consistent with the intent set forth in subsection
556	(1) and based primarily upon significant, objective, and
557	quantifiable graduate performance measures.
558	(b) Each teacher preparation program approved by the
559	Department of Education, as provided for by this section, shall
560	require students to meet the following as prerequisites for
561	admission into the program:
562	1. Have a grade point average of at least 2.5 on a 4.0
563	scale for the general education component of undergraduate
564	studies or have completed the requirements for a baccalaureate
565	degree with a minimum grade point average of 2.5 on a 4.0 scale
566	from any college or university accredited by a regional
567	accrediting association as defined by State Board of Education
568	rule or any college or university otherwise approved pursuant to
569	State Board of Education rule.
570	2. Demonstrate mastery of general knowledge, including the
571	ability to read, write, and compute, by passing the College
572	Level Academic Skills Test, a corresponding component of the
573	National Teachers Examination series, or a similar test pursuant
574	to rules of the State Board of Education.
575
576	Each teacher preparation program may waive these admissions
577	requirements for up to 10 percent of the students admitted.
578	Programs shall implement strategies to ensure that students
579	admitted under a waiver receive assistance to demonstrate
580	competencies to successfully meet requirements for
581	certification.
582	(5)(4)CONTINUED PROGRAM APPROVAL.--Notwithstanding
583	subsection (4)(3), failure by a public or nonpublic teacher
584	preparation program to meet the criteria for continued program
585	approval shall result in loss of program approval. The
586	Department of Education, in collaboration with the departments
587	and colleges of education, shall develop procedures for
588	continued program approval that document the continuous
589	improvement of program processes and graduates' performance.
590	(a) Continued approval of specific teacher preparation
591	programs at each public and nonpublic postsecondary educational
592	institution within the state is contingent upon the passing of
593	the written examination required by s. 1012.56 by at least 90
594	percent of the graduates of the program who take the
595	examination. On request of an institution,The Department of
596	Education shall annuallyprovide an analysis of the performance
597	of the graduates of such institution with respect to the
598	competencies assessed by the examination required by s. 1012.56.
599	(b) Additional criteria for continued program approval for
600	public institutions may be approved by the State Board of
601	Education. Such criteria must emphasize instruction in classroom
602	management and must provide for the evaluation of the teacher
603	candidates' performance in this area. The criteria shall also
604	require instruction in working with underachieving students.
605	Program evaluation procedures must include, but are not limited
606	to, program graduates' satisfaction with instruction and the
607	program's responsiveness to local school districts. Additional
608	criteria for continued program approval for nonpublic
609	institutions shall be developed in the same manner as for public
610	institutions; however, such criteria must be based upon
611	significant, objective, and quantifiable graduate performance
612	measures. Responsibility for collecting data on outcome measures
613	through survey instruments and other appropriate means shall be
614	shared by the postsecondary educational institutions and the
615	Department of Education. By January 1 of each year, the
616	Department of Education shall report this information for each
617	postsecondary educational institution that has state-approved
618	programs of teacher education to the Governor, the State Board
619	of Education, the Commissioner of Education, the President of
620	the Senate, the Speaker of the House of Representatives, all
621	Florida postsecondary teacher preparation programs, and
622	interested members of the public. This report must analyze the
623	data and make recommendations for improving teacher preparation
624	programs in the state.
625	(c) Continued approval for a teacher preparation program
626	is contingent upon the results of periodicannual reviews, on a
627	schedule established by the State Board of Education,of the
628	program conducted by the postsecondary educational institution,
629	using procedures and criteria outlined in an institutional
630	program evaluation plan approved by the Department of Education.
631	This plan must incorporate the criteria established in
632	paragraphs (a) and (b) and include provisions for involving
633	primary stakeholders, such as program graduates, district school
634	personnel, classroom teachers, principals, community agencies,
635	and business representatives in the evaluation process. Upon
636	request by an institution, the department shall provide
637	assistance in developing, enhancing, or reviewing the
638	institutional program evaluation plan and training evaluation
639	team members.
640	(d) Continued approval for a teacher preparation program
641	is contingent upon standards being in place that are designed to
642	adequately prepare elementary, middle, and high school teachers
643	to instruct their students in reading andhigher-level
644	mathematics concepts and in the use of technology at the
645	appropriate grade level.
646	(e) Continued approval of teacher preparation programs is
647	contingent upon compliance with the student admission
648	requirements of subsection (4)(3)and upon the receipt of at
649	least a satisfactory rating from public schools and private
650	schools that employ graduates of the program. Each teacher
651	preparation program at a state university or community college
652	shall guarantee that its graduates will demonstrate the skills
653	specified in subparagraphs 1.-5. during the first 2 years
654	immediately following graduation from the program or following
655	initial certification, whichever occurs first. Any teacher in a
656	Florida public school who fails to demonstrate the essential
657	skills specified in subparagraphs 1.-5. shall be provided
658	additional training by the state university or community college
659	from which he or she received the education degree at no expense
660	to the teacher or the employer. Such training must consist of an
661	individualized plan agreed upon by the school district and the
662	public postsecondary educational institution that includes
663	specific learning outcomes. The public postsecondary educational
664	institution assumes no responsibility for the teacher's
665	employment contract with the employer.Employer satisfaction
666	shall be determined by aan annually administeredsurvey
667	instrument approved by the Department of Education and annually
668	administered by the postsecondary educational institutionthat,
669	at a minimum, must include employer satisfaction of the
670	graduates' ability to do the following:
671	1. Write and speak in a logical and understandable style
672	with appropriate grammar.
673	2. Recognize signs of students' difficulty with the
674	reading and computational process and apply appropriate measures
675	to improve students' reading and computational performance.
676	3. Use and integrate appropriate technology in teaching
677	and learning processes.
678	4. Demonstrate knowledge and understanding of Sunshine
679	State Standards.
680	5. Maintain an orderly and disciplined classroom conducive
681	to student learning.
682	(f)1. Each Florida public and private institution that
683	offers a state-approved teacher preparation program must
684	annually report information regarding these programs to the
685	state and the general public. This information shall be reported
686	in a uniform and comprehensible manner that is consistent with
687	definitions and methods approved by the Commissioner of the
688	National Center for Educational Statistics and that is approved
689	by the State Board of Education. This information must include,
690	at a minimum:
691	a. The percent of graduates obtaining full-time teaching
692	employment within the first year of graduation.
693	b. The average length of stay of graduates in their full-
694	time teaching positions.
695	c. Satisfaction ratings required in paragraph (e).
696	2. Each public and private institution offering training
697	for school readiness related professions, including training in
698	the fields of child care and early childhood education, whether
699	offering technical credit, associate in applied science degree
700	programs, associate in science degree programs, or associate in
701	arts degree programs, shall annually report information
702	regarding these programs to the state and the general public in
703	a uniform and comprehensible manner that conforms with
704	definitions and methods approved by the State Board of
705	Education. This information must include, at a minimum:
706	a. Average length of stay of graduates in their positions.
707	b. Satisfaction ratings of graduates' employers.
708
709	This information shall be reported through publications,
710	including college and university catalogs and promotional
711	materials sent to potential applicants, secondary school
712	guidance counselors, and prospective employers of the
713	institution's program graduates.
714	(6)(5)PRESERVICE FIELD EXPERIENCE.--All postsecondary
715	instructors, school district personnel and instructional
716	personnel, and school sites preparing instructional personnel
717	through preservice field experience courses and internships
718	shall meet special requirements. District school boards are
719	authorized to pay student teachers during their internships.
720	(a) All instructors in postsecondary teacher preparation
721	programs who instruct or supervise preservice field experience
722	courses or internships shall have at least one of the following:
723	specialized training in clinical supervision; a valid
724	professional teaching certificate pursuant to ss. 1012.56 and
725	1012.585; or at least 3 years of successful teaching experience
726	in prekindergarten through grade 12.
727	(b) All school district personnel and instructional
728	personnel who supervise or direct teacher preparation students
729	during field experience courses or internships must have
730	evidence of "clinical educator" training and must successfully
731	demonstrate effective classroom management strategies that
732	consistently result in improved student performance. The State
733	Board of Education shall approve the training requirements.
734	(c) Preservice field experience programs must provide
735	specific guidance and demonstration of effective classroom
736	management strategies, strategies for incorporating technology
737	into classroom instruction, strategies for incorporating
738	scientifically researched, knowledge-based reading literacy and
739	computational skills acquisition into classroom instruction,and
740	ways to link instructional plans to the Sunshine State
741	Standards, as appropriate. The length of structured field
742	experiences may be extended to ensure that candidates achieve
743	the competencies needed to meet certification requirements.
744	(d) Postsecondary teacher preparation programs in
745	cooperation with district school boards and approved private
746	school associations shall select the school sites for preservice
747	field experience activities. These sites must represent the full
748	spectrum of school communities, including, but not limited to,
749	schools located in urban settings. In order to be selected,
750	school sites must demonstrate commitment to the education of
751	public school students and to the preparation of future
752	teachers.
753	(7)(6)STANDARDS OF EXCELLENCE.--The State Board of
754	Education shall approve standards of excellence for teacher
755	preparation. These standards must exceed the requirements for
756	program approval pursuant to subsection (4)(3)and must
757	incorporate state and national recommendations for exemplary
758	teacher preparation programs.
759	(8)(7)NATIONAL BOARD STANDARDS.--The State Board of
760	Education shall review standards and recommendations developed
761	by the National Board for Professional Teaching Standards and
762	may incorporate those parts deemed appropriate into criteria for
763	continued state program approval, standards of excellence, and
764	requirements for inservice education.
765	(9)(8)COMMUNITY COLLEGES.--To the extent practical,
766	postsecondary educational institutions offering teacher
767	preparation programs shall establish articulation agreements on
768	a core of liberal arts courses and introductory professional
769	courses with field experience components which shall be offered
770	at community colleges.
771	(10)(9)PRETEACHER AND TEACHER EDUCATION PILOT PROGRAMS.--
772	State universities and community colleges may establish
773	preteacher education and teacher education pilot programs to
774	encourage promising minority students to prepare for a career in
775	education. These pilot programs shall be designed to recruit and
776	provide additional academic, clinical, and counseling support
777	for students whom the institution judges to be potentially
778	successful teacher education candidates, but who may not meet
779	teacher education program admission standards. Priority
780	consideration shall be given to those pilot programs that are
781	jointly submitted by community colleges and state universities.
782	(a) These pilot programs shall be approved by the State
783	Board of Education and shall be designed to provide help and
784	support for program participants during the preteacher education
785	period of general academic preparation at a community college or
786	state university and during professional preparation in a state-
787	approved teacher education program. Emphasis shall be placed on
788	development of the basic skills needed by successful teachers.
789	(b) State universities and community colleges may admit
790	into the pilot program those incoming students who demonstrate
791	an interest in teaching as a career, but who may not meet the
792	requirements for entrance into an approved teacher education
793	program.
794	1. Flexibility may be given to colleges of education to
795	develop and market innovative teacher training programs directed
796	at specific target groups such as graduates from the colleges of
797	arts and sciences, employed education paraprofessionals,
798	substitute teachers, early federal retirees, and nontraditional
799	college students. Programs must be submitted to the State Board
800	of Education for approval.
801	2. Academically successful graduates in the fields of
802	liberal arts and science may be encouraged to embark upon a
803	career in education.
804	3. Models may be developed to provide a positive initial
805	experience in teaching in order to encourage retention. Priority
806	should be given to models that encourage minority graduates.
807	(c) In order to be certified, a graduate from a pilot
808	program shall meet all requirements for teacher certification
809	specified by s. 1012.56. Should a graduate of a pilot program
810	not meet the requirements of s. 1012.56, that person shall not
811	be included in the calculations required by paragraph (5)(4)(a)
812	and State Board of Education rules for continued program
813	approval, or in the statutes used by the State Board of
814	Education in deciding which teacher education programs to
815	approve.
816	(d) Institutions participating in the pilot program shall
817	submit an annual report evaluating the success of the program to
818	the Commissioner of Education by March 1 of each year. The
819	report shall include, at a minimum,contain, but shall not be
820	limited to:the number of pilot program participants, including
821	the number participating in general education and the number
822	admitted to approved teacher education programs, the number of
823	pilot program graduates, and the number of pilot program
824	graduates who met the requirements of s. 1012.56. The
825	commissioner shall consider the number of participants
826	recruited, the number of graduates, and the number of graduates
827	successfully meeting the requirements of s. 1012.56 reported by
828	each institution, and shall make an annual recommendation to the
829	State Board of Education regarding the institution's continued
830	participation in the pilot program.
831	(11)(10)TEACHER EDUCATION PILOT PROGRAMS FOR HIGH-
832	ACHIEVING STUDENTS.--Pilot teacher preparation programs shall be
833	established at the University of Central Florida, the University
834	of North Florida, and the University of South Florida. These
835	programs shall include a year-long paid teaching assignment and
836	competency-based learning experiences and shall be designed to
837	encourage high-achieving students, as identified by the
838	institution, to pursue a career in education. Priority
839	consideration shall be given to students obtaining academic
840	degrees in mathematics, science, engineering, reading, or
841	identified critical shortage areas.Students chosen to
842	participate in the pilot programs shall agree to teach for at
843	least 3 years1 yearafter they receive their degrees. Criteria
844	for identifying high-achieving students shall be developed by
845	the institution and shall include, at a minimum, requirements
846	that the student have a 3.3 grade point average or above and
847	that the student has demonstrated mastery of general knowledge
848	pursuant to s. 1012.56. The year-long paid teaching assignment
849	shall begin after completion of the equivalent of 3 years of the
850	state university teacher preparation program.
851	(a) Each pilot program shall be designed to include:
852	1. A year-long paid teaching assignment at a low-
853	performingspecifiedschool site during the fourth year of the
854	state university teacher preparation program, which includes
855	intense supervision by a support team trained in clinical
856	education. The support team shall include a state university
857	supervisor and experienced school-based mentors. A mentor
858	teacher shall be assigned to each fourth year employed teacher
859	to implement an individualized learning plan. This mentor
860	teacher will be considered an adjunct professor for purposes of
861	this program and may receive credit for time spent as a mentor
862	teacher in the program. The mentor teacher must have a master's
863	degree or above, a minimum of 3 years of teaching experience,
864	and clinical education training or certification by the National
865	Board forofProfessional Teaching Standards. Experiences and
866	instruction may be delivered by other mentors, assigned
867	teachers, professors, individualized learning, and
868	demonstrations. Students in this paid teaching assignment shall
869	assume full responsibility of all teaching duties.
870	2. Professional education curriculum requirements that
871	address the educator-accomplished practices and other
872	competencies specified in state board rule.
873	3. A modified instructional delivery system that provides
874	onsite training during the paid teaching assignment in the
875	professional education areas and competencies specified in this
876	subsection. The institutions participating in this pilot program
877	shall be given a waiver to provide a modified instructional
878	delivery system meeting criteria that allows earned credit
879	through nontraditional approaches. The modified system may
880	provide for an initial evaluation of the candidate's
881	competencies to determine an appropriate individualized
882	professional development plan and may provide for earned credit
883	by:
884	a. Internet learning and competency acquisition.
885	b. Learning acquired by observing demonstrations and being
886	observed in application.
887	c. Independent study or instruction by mentor teachers or
888	adjunct teachers.
889	4. Satisfactory demonstration of the educator-accomplished
890	practices and content area competencies for program completion.
891	5. For program completion, required achievement of passing
892	scores on all tests required for certification by State Board of
893	Education rules.
894	(b) Beginning in July 2003, each institution participating
895	in the pilot program shall submit to the Commissioner of
896	Education an annual report evaluating the effectiveness of the
897	program. The report shall include, but shall not be limited to,
898	the number of students selected for the pilot program, the
899	number of students successfully completing the pilot program,
900	the number of program participants who passed all required
901	examinations, the number of program participants who
902	successfully demonstrated all required competencies, and a
903	follow-up study to determine the number of pilot program
904	completers who were employed in a teaching position and
905	employers' satisfaction with the performance of pilot program
906	completers based on student performance.
907	(c) This subsection shall be implemented to the extent
908	specifically funded in the General Appropriations Act.
909	(12)(11)RULES.--The State Board of Education shall adopt
910	necessary rules pursuant to ss. 120.536(1) and 120.54 to
911	implement this section.
912	Section 13. Subsection (1) of section 1006.08, Florida
913	Statutes, is amended to read:
914	1006.08 District school superintendent duties relating to
915	student discipline and school safety.--
916	(1) The district school superintendent shall recommend
917	plans to the district school board for the proper accounting for
918	all students of school age, for the attendance and control of
919	students at school, andfor the proper attention to health,
920	safety, and other matters which will best promote the welfare of
921	students. Each district school superintendent should fully
922	support the authority of principals, teachers, according to s.
923	1003.32, and school bus drivers to remove disobedient,
924	disrespectful, violent, abusive, uncontrollable, or disruptive
925	students from the classroom and the school bus and, when
926	appropriate and available, to place such students in an
927	alternative educational setting.When the district school
928	superintendent makes a recommendation for expulsion to the
929	district school board, he or she shall give written notice to
930	the student and the student's parent of the recommendation,
931	setting forth the charges against the student and advising the
932	student and his or her parent of the student's right to due
933	process as prescribed by ss. 120.569 and 120.57(2). When
934	district school board action on a recommendation for the
935	expulsion of a student is pending, the district school
936	superintendent may extend the suspension assigned by the
937	principal beyond 10 school days if such suspension period
938	expires before the next regular or special meeting of the
939	district school board.
940	Section 14. Paragraph (a) of subsection (1) of section
941	1006.09, Florida Statutes, is amended to read:
942	1006.09 Duties of school principal relating to student
943	discipline and school safety.--
944	(1)(a) Subject to law and to the rules of the State Board
945	of Education and the district school board, the principal in
946	charge of the school or the principal's designee shall develop
947	policies for delegating to any teacher or other member of the
948	instructional staff or to any bus driver transporting students
949	of the school responsibility for the control and direction of
950	students. Each school principal should fully support the
951	authority of teachers, according to s. 1003.32, and school bus
952	drivers to remove disobedient, disrespectful, violent, abusive,
953	uncontrollable, or disruptive students from the classroom and
954	the school bus and, when appropriate and available, place such
955	students in an alternative educational setting.The principal or
956	the principal's designee must give full consideration toshall
957	considerthe recommendation for discipline made by a teacher,
958	other member of the instructional staff, or a bus driver when
959	making a decision regarding student referral for discipline.
960	Section 15. Section 1009.59, Florida Statutes, is amended
961	to read:
962	1009.59 Critical Teacher Shortage Student Loan
963	ReimbursementForgivenessProgram.--
964	(1) The Critical Teacher Shortage Student Loan
965	ReimbursementForgivenessProgram is established to encourage
966	qualified personnel with undergraduate or graduate degrees in
967	mathematics, science, engineering, reading, or State Board of
968	Education designated critical teacher shortage areasto seek
969	employment as teachers in Florida's publicly funded schoolsin
970	subject areas in which critical teacher shortages exist, as
971	identified annually by the State Board of Education. The primary
972	purposefunction of the program is to enhance the quality of
973	Florida's teacher workforce by makingmakerepayments toward
974	loans received by the selectedstudents from federal programs or
975	commercial lending institutions for the support of postsecondary
976	education study. Repayments are intended to be made to qualified
977	applicants with undergraduate or graduate degrees in
978	mathematics, science, engineering, reading, or State Board of
979	Education designated critical teacher shortage areaswho begin
980	teaching for the first time in designated subject areas, andwho
981	apply during their first full year of teaching in a publicly
982	funded school in Floridaas certified teachers in these subject
983	areas. Repayment shall be prorated if a teacher teaches at least
984	90 days during the first year of teaching.
985	(2) From the funds available, the Department of Education
986	may make loan principal repayments on behalf of persons with
987	degrees in mathematics, science, engineering, reading, or state
988	board designated critical teacher shortage areas who are
989	certified to teach in Florida public schools. The repayments may
990	be madeas follows:
991	(a) Up to $1,500 the first year the person is employed as
992	a teacher in a publicly funded school in Florida$2,500 a year
993	for up to 4 years on behalf of selected graduates of state-
994	approved undergraduate postsecondary teacher preparation
995	programs, persons certified to teach pursuant to any applicable
996	teacher certification requirements, or selected teacher
997	preparation graduates from any state participating in the
998	Interstate Agreement on the Qualification of Educational
999	Personnel.
1000	(b) Up to $2,500 for the second year the person is
1001	employed as a teacher in a publicly funded school in Florida
1002	$5,000 a year for up to 2 years on behalf of selected graduates
1003	of state-approved graduate postsecondary teacher preparation
1004	programs, persons with graduate degrees certified to teach
1005	pursuant to any applicable teacher certification requirements,
1006	or selected teacher preparation graduates from any state
1007	participating in the Interstate Agreement on the Qualification
1008	of Educational Personnel.
1009	(c) Up to $3,500 for the third year the person is employed
1010	as a teacher in a publicly funded school in Florida.
1011	(d) Up to $4,500 for the fourth year and each subsequent
1012	year, up to a maximum of 10 years, the person is employed as a
1013	teacher in a publicly funded school in Florida.
1014	(e)(c)All repayments shall be contingent on continued
1015	proof of satisfactory employment in a teacher positionthe
1016	designated subject areas in a publicly funded school inthis
1017	state and shall be made directly to the holder of the loan or
1018	the applicant. The state shall not bear responsibility for the
1019	collection of any interest charges or other remaining balance.
1020	In the event that designated critical teacher shortage subject
1021	areas are changed by the State Board of Education,A teacher
1022	shall continue to be eligible for loan reimbursement in
1023	accordance with paragraphs (a)-(d) for up to the maximum of 10
1024	years ifforgiveness as long as he or she continues to teach in
1025	a subject area or in a critical shortage area pursuant to this
1026	section at a publicly funded school in Floridain the subject
1027	area for which the original loan repayment was madeand
1028	otherwise meets all conditions of eligibility.
1029	(3) Students receiving a statescholarship loan or a
1030	fellowship loan are not eligible to participate in the Critical
1031	Teacher Shortage Student Loan ReimbursementForgivenessProgram.
1032	(4) The Department of Education must advertise the
1033	availability of this program and must advise school districts,
1034	postsecondary educational institutions, and the public of the
1035	criteria and application procedures.
1036	(5)(4)The State Board of Education may adopt rules
1037	pursuant to ss. 120.536(1) and 120.54 necessary for the
1038	administration of this program.
1039	(6)(5)This section shall be implemented only to the
1040	extent as specifically funded and authorized by law.
1041	Section 16. Section 1009.591, Florida Statutes, is created
1042	to read:
1043	1009.591 Teaching Fellows Program.--There is created the
1044	Teaching Fellows Program to encourage graduate students in
1045	mathematics, science, or engineering disciplines or state board
1046	designated critical teacher shortage areas to enter the teaching
1047	profession in public schools in Florida. The program shall be
1048	administered by the Department of Education.
1049	(1) The Teaching Fellows Program shall provide an annual
1050	stipend of $5,000 for each approved teaching fellow who is
1051	enrolled full-time in one of Florida's public or private
1052	universities in a graduate program in a mathematics, science, or
1053	engineering discipline or a state board designated critical
1054	teacher shortage area and commits to teach in a publicly funded
1055	school in Florida for 5 consecutive years immediately following
1056	completion of the graduate program.
1057	(2) It is the intent of the Legislature that the total
1058	amount appropriated annually for the program be sufficient to
1059	provide 200 teaching fellows with stipends of $5,000 per year
1060	and to provide a $5,000 signing bonus to each fellow upon
1061	initial employment as a teacher in a Florida public school
1062	graded "A," "B," or "C," or a $10,000 signing bonus upon
1063	employment in a Florida public school graded "D" or "F" with
1064	$5,000 at initial employment and $5,000 upon completion of the
1065	first year of teaching.
1066	(3) A teaching fellow may receive a stipend from the
1067	program for up to 4 consecutive years if the teaching fellow
1068	remains enrolled full-time in an eligible program and makes
1069	satisfactory progress toward a graduate degree in a program in a
1070	mathematics, science, or engineering discipline or a state board
1071	designated critical teacher shortage area.
1072	(4) A teaching fellow who receives a stipend pursuant to
1073	this section and attends a state university shall also receive a
1074	waiver of tuition and out-of-state fees, if applicable, at that
1075	university.
1076	(5) If a teaching fellow graduates and is employed
1077	following graduation as a teacher in a publicly funded school in
1078	Florida for 5 consecutive years, the teaching fellow is not
1079	required to repay the amount received as stipends, bonus, or
1080	tuition and fee waivers pursuant to this program.
1081	(6) If a teaching fellow does not obtain a graduate degree
1082	within 4 years, or if the teaching fellow graduates but does not
1083	teach in a publicly funded school in Florida for 5 consecutive
1084	years following graduation, the teaching fellow must repay the
1085	Department of Education, on a schedule to be determined by the
1086	department, the total amount awarded for stipends, bonus, and
1087	tuition and fee waivers received pursuant to this program plus
1088	annual interest of 8 percent accruing from the date of the
1089	scholarship payment. Moneys repaid shall be deposited into the
1090	State Student Financial Assistance Trust Fund established in s.
1091	1010.73. However, the department may provide additional time for
1092	repayment if the department finds that circumstances beyond the
1093	control of the recipient caused or contributed to default on the
1094	repayment.
1095	(7) Recipients under this program are not eligible to
1096	participate in the Teacher Student Loan Reimbursement Program.
1097	(8) The department must advertise the availability of this
1098	program and advise school districts, postsecondary educational
1099	institutions, and the public of the criteria and application
1100	procedures.
1101	(9) The State Board of Education may adopt rules pursuant
1102	to ss. 120.536(1) and 120.54 necessary for the administration of
1103	this program.
1104	(10) This section shall be implemented only to the extent
1105	as specifically funded and authorized by law.
1106	Section 17. Section 1011.63, Florida Statutes, is created
1107	to read:
1108	1011.63 Better Educated Students and Teachers (BEST)
1109	Florida Teaching categorical fund for salary career ladder;
1110	performance pay reserve fund bonuses.--
1111	(1) There is created a categorical fund to fund a salary
1112	career ladder for teacher salary levels pursuant to s.
1113	1012.231(2). To access this fund, school districts must also
1114	comply with the requirements of s. 1012.22(1)(c)4. by rewarding
1115	each of their classroom teachers in the "career teacher"
1116	category, pursuant to s. 1012.231(2)(b), whose students
1117	demonstrate more than a year’s worth of learning in 1 year as
1118	measured by the FCAT or local assessment in accordance with s.
1119	1008.22(3) or (7) with an annual performance bonus pursuant to
1120	paragraph (2)(b).
1121	(2)(a) Beginning with the 2003-2004 academic year,
1122	categorical funds for BEST Florida Teaching shall be allocated
1123	annually to each school district in the amount provided in the
1124	General Appropriations Act. These funds shall be in addition to
1125	the funds appropriated on the basis of full-time equivalent
1126	student membership in the Florida Education Finance Program and
1127	shall be included in the total potential funds of each school
1128	district. These funds shall be used only to fund a salary career
1129	ladder for teacher salary levels pursuant to s. 1012.231(2).
1130	(b) Each district school board shall also use a portion of
1131	its performance pay reserve funds required pursuant to s.
1132	1012.22(1)(c)4. to provide BEST Florida Teaching bonuses of up
1133	to $3,000 to each full-time K-12 classroom teacher in the
1134	"career teacher" category, pursuant to s. 1012.231(2)(b), whose
1135	students demonstrate more than a year’s worth of learning in 1
1136	year as measured by the FCAT or local assessment in accordance
1137	with s. 1008.22(3) or (7).
1138	(3) To be eligible for categorical funds, each district
1139	school superintendent shall submit to the Commissioner of
1140	Education, and receive the commissioner's approval of:
1141	(a) A plan detailing the school district's salary career
1142	ladder for teacher salary levels.
1143	(b) A plan detailing the school district's methodology for
1144	selecting the teachers in the "career teacher" category,
1145	pursuant to s. 1012.231(2)(b), who will receive the performance
1146	bonuses and how it will use a portion of its performance pay
1147	reserve funds required by s. 1012.22(1)(c)4. to fund the
1148	bonuses.
1149	(4) Any teacher in the "career teacher" category, pursuant
1150	to s. 1012.231(2)(b), who receives a performance bonus 2 years
1151	in a 4-year period shall be considered for promotion to “lead
1152	teacher” pursuant to s. 1012.231(2)(c).
1153	Section 18. Section 1012.05, Florida Statutes, is amended
1154	to read:
1155	1012.05 Teacher recruitment and retention.--
1156	(1) The Department of Education, in cooperation with
1157	teacher organizations, district personnel offices, and schools,
1158	colleges, and departments of alleducation inpublic and
1159	nonpublic postsecondary educational institutions, shall
1160	concentrate on the recruitment of qualified teachers.
1161	(2) The Department of Education shall:
1162	(a) Develop and implement a system for posting teaching
1163	vacancies and establish a database of teacher applicants that is
1164	accessible within and outside the state.
1165	(b) Advertise in major newspapers, national professional
1166	publications, and other professional publications and in public
1167	and nonpublic postsecondary educational institutionsschools of
1168	education.
1169	(c) Utilize state and nationwide toll-free numbers.
1170	(d) Conduct periodic communications with district
1171	personnel directors regarding applicants.
1172	(e) Provide district access to the applicant database by
1173	computer or telephone.
1174	(f) Develop and distribute promotional materials related
1175	to teaching as a career.
1176	(g) Publish and distribute information pertaining to
1177	employment opportunities, application procedures, and all routes
1178	toward teacher certification in Florida, and teacher salaries.
1179	(h) Provide information related to certification
1180	procedures.
1181	(i) Develop and sponsor the Florida Future Educator of
1182	America Program throughout the state.
1183	(j) Develop, in consultation with school district staff
1184	including, but not limited to, district school superintendents,
1185	district school board members, and district human resources
1186	personnel, a long-range plan for educator recruitment and
1187	retention.
1188	(k) Identify best practices for retaining high-quality
1189	teachers.
1190	(l) Develop, in consultation with Workforce Florida, Inc.,
1191	and the Agency for Workforce Innovation, created pursuant to ss.
1192	445.004 and 20.50, respectively, a plan for accessing and
1193	identifying available resources in the state's workforce system
1194	for the purpose of enhancing teacher recruitment and retention.
1195	(m) Develop and implement a First Response Center to
1196	provide educator candidates one-stop shopping for information on
1197	teaching careers in Florida and establish the Teacher Lifeline
1198	Network to provide on-line support to beginning teachers and
1199	those needing assistance.
1200	(3) The Department of Education, in cooperation with
1201	district personnel offices, shall sponsor a job fair in a
1202	central part of the state to match in-state educators and
1203	potential educators and out-of-state educators and potential
1204	educatorswith teaching opportunities in this state.
1205	(4) Subject to proviso in the General Appropriations Act,
1206	the Commissioner of Education may use funds appropriated by the
1207	Legislature and funds from federal grants and other sources to
1208	provide incentives for teacher recruitment and preparation
1209	programs. The purpose of the use of such funds is to recruit and
1210	prepare individuals who do not graduate from state-approved
1211	teacher preparation programs to teach in a Florida public
1212	school. The commissioner may contract with entities other than,
1213	and including, approved teacher preparation programs to provide
1214	intensive teacher training leading to passage of the required
1215	certification exams for the desired subject area or coverage.
1216	The commissioner shall survey school districts to evaluate the
1217	effectiveness of such programs.
1218	Section 19. Section 1012.231, Florida Statutes, is created
1219	to read:
1220	1012.231 Teacher compensation; assignment of teachers.--
1221	(1) STARTING SALARY.--Beginning with the 2003-2004
1222	academic year, each district school board shall develop, and
1223	shall present to the State Board of Education by June 30, 2004,
1224	a plan, to be implemented beginning with the 2004-2005 academic
1225	year, for minimum compensation of full-time classroom teachers
1226	at no less than the amount of $31,000, in 2003 dollars, indexed
1227	to the Consumer Price Index thereafter, pursuant to legislative
1228	appropriations. The plan shall provide for phased-in incremental
1229	implementation that maintains separation between years of
1230	service for each differentiated classroom teacher category as
1231	required pursuant to subsection (2). Effective the 2004-2005
1232	academic year, this minimum beginning salary shall be considered
1233	a statewide minimum standard similar to minimum number of school
1234	days, designation of duties of instructional personnel, and
1235	minimum certification standards and, as such, shall not be
1236	subject to collective bargaining under chapter 447.
1237	(2) SALARY CAREER LADDER FOR CLASSROOM TEACHERS.--
1238	Beginning with the 2003-2004 academic year, each district school
1239	board shall use its share of the BEST Florida Teaching
1240	categorical to fund a salary career ladder for classroom
1241	teachers, with the highest salary level based on outstanding
1242	performance and assignment of additional duties. Performance
1243	shall be defined as designated in s. 1012.34(3)(a)1.-7. and
1244	shall also include local assessments as required by s.
1245	1008.22(7) to determine student learning gains in grades and
1246	classes not measured by the FCAT. District school boards shall
1247	designate categories of classroom teachers reflecting these
1248	salary career levels as follows:
1249	(a) Associate Teacher.--Classroom teachers who have not
1250	yet fully validated all essential teaching competencies,
1251	including the educator-accomplished practices as established in
1252	State Board of Education rule, who have not qualified through
1253	reciprocal certification options identified in s. 1012.56, or
1254	who are low-performing teachers. The district school board is
1255	authorized to demote any chronically low-performing teacher to
1256	associate teacher.
1257	(b) Career Teacher.--Classroom teachers who have fully
1258	validated all essential teaching competencies, including the
1259	educator-accomplished practices as established in State Board of
1260	Education rule, or who have qualified through reciprocal
1261	certification options identified in s. 1012.56.
1262	(c) Lead Teacher.--The highest performing 5 percent of
1263	classroom teachers in the school district, after mentor
1264	teachers, who have demonstrated outstanding performance as
1265	evidenced by improved student achievement and who are
1266	responsible for leading others in the school as department
1267	chair, lead teacher, grade-level leader, intern coordinator, or
1268	professional development coordinator. Lead teachers must
1269	participate on a regular basis in the direct instruction of
1270	students and serve as faculty for professional development
1271	activities as determined by the State Board of Education. Lead
1272	teachers shall be paid an additional annual salary supplement of
1273	$5,000.
1274	(d) Mentor Teacher.--The highest performing 3 percent of
1275	classroom teachers in the school district who have demonstrated
1276	sustained outstanding performance as evidenced by improved
1277	student achievement and other factors as defined by the State
1278	Board of Education and who serve as regular mentors to other
1279	teachers who are either not performing satisfactorily or who
1280	strive to become more proficient. Mentor teachers must serve as
1281	faculty-based professional development coordinators and
1282	regularly demonstrate and share their expertise with other
1283	teachers in order to remain mentor teachers. Mentor teachers
1284	must also participate on a regular basis in the direct
1285	instruction of low-performing students. Mentor teachers shall be
1286	paid an additional annual salary supplement of $10,000.
1287	(3) TEACHER ASSIGNMENT.--School districts may not assign a
1288	higher percentage than the school district average of first-time
1289	teachers, temporarily certified teachers, teachers in need of
1290	improvement, or out-of-field teachers to schools with above the
1291	school district average of minority and economically
1292	disadvantaged students or schools that are graded "D" or "F."
1293	District school boards are authorized to provide salary
1294	incentives to meet this requirement. No district school board
1295	shall sign a collective bargaining agreement that fails to
1296	provide sufficient incentives to meet this requirement.
1297	Section 20. Section 1012.27, Florida Statutes, is amended
1298	to read:
1299	1012.27 Public school personnel; powers and duties of
1300	district school superintendent.--The district school
1301	superintendent isshall be responsible, as required herein,for
1302	directing the work of the personnel, subject to the requirements
1303	of this chapter, and in addition the district school
1304	superintendent shall performhave the following duties:
1305	(1) POSITIONS, QUALIFICATIONS, AND NOMINATIONS.--
1306	(a) Recommend to the district school board duties and
1307	responsibilities which need to be performed and positions which
1308	need to be filled to make possible the development of an
1309	adequate school program in the district. Beginning with the
1310	2003-2004 academic year, this recommendation shall provide for
1311	clerical personnel or volunteers who are not classroom teachers
1312	to assist teachers in noninstructional activities, including
1313	performing paperwork and recordkeeping duties. However, a
1314	teacher shall remain responsible for all instructional
1315	activities and for classroom management and grading student
1316	performance.
1317	(b) Recommend minimum qualifications of personnel for
1318	these various positions, and nominate in writing persons to fill
1319	such positions.
1320
1321	The district school superintendent's recommendations for filling
1322	instructional positions at the school level must consider
1323	nominations received from school principals of the respective
1324	schools. Before transferring a teacher who holds a professional
1325	teaching certificate from one school to another, the district
1326	school superintendent shall consult with the principal of the
1327	receiving school and allow the principal to review the teacher's
1328	records and interview the teacher. If, in the judgment of the
1329	principal, students would not benefit from the placement, an
1330	alternative placement may be sought.
1331	(2) COMPENSATION AND SALARY SCHEDULES.--Prepare and
1332	recommend to the district school board for adoption a salary
1333	schedule or salary schedules. The district school superintendent
1334	must recommend a salary schedule for instructional personnel
1335	which bases a portion of each employee's compensation on
1336	performance demonstrated under s. 1012.34. In developing the
1337	recommended salary schedule, the district school superintendent
1338	shall include input from parents, teachers, and representatives
1339	of the business community. Beginning with the 2003-2004 academic
1340	year, the recommended salary schedule for classroom teachers
1341	shall be consistent with the requirements of s. 1012.231.
1342	(3) CONTRACTS AND TERMS OF SERVICE.--Recommend to the
1343	district school board terms for contracting with employees and
1344	prepare such contracts as are approved.
1345	(4) TRANSFER.--Recommend employees for transfer and
1346	transfer any employee during any emergency and report the
1347	transfer to the district school board at its next regular
1348	meeting.
1349	(5) SUSPENSION AND DISMISSAL.--Suspend members of the
1350	instructional staff and other school employees during
1351	emergencies for a period extending to and including the day of
1352	the next regular or special meeting of the district school board
1353	and notify the district school board immediately of such
1354	suspension. When authorized to do so, serve notice on the
1355	suspended member of the instructional staff of charges made
1356	against him or her and of the date of hearing. Recommend
1357	employees for dismissal under the terms prescribed herein.
1358	(6) DIRECT WORK OF EMPLOYEES AND SUPERVISE INSTRUCTION.--
1359	Direct or arrange for the proper direction and improvement,
1360	under rules of the district school board, of the work of all
1361	members of the instructional staff and other employees of the
1362	district school system, supervise or arrange under rules of the
1363	district school board for the supervision of instruction in the
1364	district, and take such steps as are necessary to bring about
1365	continuous improvement.
1366	Section 21. Subsections (3) and (4) of section 1012.28,
1367	Florida Statutes, are amended to read:
1368	1012.28 Public school personnel; duties of school
1369	principals.--
1370	(3) Each school principal is responsible for the
1371	performance of all personnel employed by the district school
1372	board and assigned to the school to which the principal is
1373	assigned. The school principal shall faithfully and effectively
1374	apply the personnel assessment system approved by the district
1375	school board pursuant to s. 1012.34 and, beginning with the
1376	2003-2004 academic year, s. 1012.231.
1377	(4) Each school principal shall assist the teachers within
1378	the school to use student assessment data, as measured by
1379	student learning gains pursuant to s. 1008.22, for self-
1380	evaluation. Each school principal shall also ensure that
1381	clerical personnel or volunteers who are not classroom teachers
1382	assist teachers in noninstructional activities, including
1383	performing paperwork and recordkeeping duties.
1384	Section 22. Subsections (1) through (6) of section
1385	1012.56, Florida Statutes, are amended to read:
1386	1012.56 Educator certification requirements.--
1387	(1) APPLICATION.--Each person seeking certification
1388	pursuant to this chapter shall submit a completed application
1389	containing the applicant's social security number to the
1390	Department of Education and remit the fee required pursuant to
1391	s. 1012.59 and rules of the State Board of Education. Pursuant
1392	to the federal Personal Responsibility and Work Opportunity
1393	Reconciliation Act of 1996, each party is required to provide
1394	his or her social security number in accordance with this
1395	section. Disclosure of social security numbers obtained through
1396	this requirement isshall belimited to the purpose of
1397	administration of the Title IV-D program of the Social Security
1398	Act for child support enforcement. Pursuant to s. 120.60, the
1399	department shall issue within 90 calendar days after the stamped
1400	receipted date of the completed application:
1401	(a) A certificate covering the classification, level, and
1402	area for which the applicant is deemed qualified; or
1403	(b) An official statement of status of eligibility. The
1404	statement of status of eligibility must advise the applicant of
1405	any qualifications that must be completed to qualify for
1406	certification. Each statement of status of eligibility is valid
1407	for 32years after its date of issuance, except as provided in
1408	paragraph (2)(d). A statement of status of eligibility may be
1409	reissued for one additional 2-year period if application is made
1410	while the initial statement of status of eligibility is valid or
1411	within 1 year after the initial statement expires, and if the
1412	certification subject area is authorized to be issued by the
1413	state board at the time the application requesting a reissued
1414	statement of status of eligibility is received.
1415	(2) ELIGIBILITY CRITERIA.--To be eligible to seek
1416	certification pursuant to this chapter, a person must:
1417	(a) Be at least 18 years of age.
1418	(b) File a written statement, under oath, that the
1419	applicant subscribes to and will uphold the principles
1420	incorporated in the Constitution of the United States and the
1421	Constitution of the State of Florida.
1422	(c) Document receipt of a bachelor's or higher degree from
1423	an accredited institution of higher learning, or anya
1424	nonaccredited institution of higher learning otherwise approved
1425	pursuant to State Board of Education rulethat the Department of
1426	Education has identified as having a quality program resulting
1427	in a bachelor's degree, or higher. Each applicant seeking
1428	initial certification must have attained at least a 2.5 overall
1429	grade point average on a 4.0 scale in the applicant's major
1430	field of study. The applicant may document the required
1431	education by submitting official transcripts from institutions
1432	of higher education or by authorizing the direct submission of
1433	such official transcripts through established electronic network
1434	systems. The bachelor's or higher degree may not be required in
1435	areas approved in rule by the State Board of Education as
1436	nondegreed areas.
1437	(d) Submit to a fingerprint check from the Department of
1438	Law Enforcement and the Federal Bureau of Investigation pursuant
1439	to s. 1012.32. If the fingerprint reports indicate a criminal
1440	history or if the applicant acknowledges a criminal history, the
1441	applicant's records shall be referred to the Bureau of Educator
1442	Standards for review and determination of eligibility for
1443	certification. If the applicant fails to provide the necessary
1444	documentation requested by the Bureau of Educator Standards
1445	within 90 days after the date of the receipt of the certified
1446	mail request, the statement of eligibility and pending
1447	application shall become invalid.
1448	(e) Be of good moral character.
1449	(f) Be competent and capable of performing the duties,
1450	functions, and responsibilities of an educator.
1451	(g) Demonstrate mastery of general knowledge, pursuant to
1452	subsection (3).
1453	(h) Demonstrate mastery of subject area knowledge,
1454	pursuant to subsection (4).
1455	(i) Demonstrate mastery of professional preparation and
1456	education competence, pursuant to subsection (5).
1457	(3) MASTERY OF GENERAL KNOWLEDGE.--Acceptable means of
1458	demonstrating mastery of general knowledge are:
1459	(a) Achievement of passing scores on basic skills
1460	examination required by state board rule;
1461	(b) Achievement of passing scores on the College Level
1462	Academic Skills Test earned prior to July 1, 2002;
1463	(c) A valid professionalstandard teaching certificate
1464	issued by another state that requires an examination of mastery
1465	of general knowledge;
1466	(d) A valid standard teaching certificate issued by
1467	another state andvalid certificate issued by the National Board
1468	for Professional Teaching Standards or other such nationally
1469	recognized organization as determined by the State Board of
1470	Education; or
1471	(e) Documentation of two semesters of successful teaching
1472	in a community college, state university, or private college or
1473	university that awards an associate or higher degree and is an
1474	accredited institution or an institution of higher education
1475	otherwise approved pursuant to State Board of Education rule; or
1476	(f)(e) A valid standardteaching certificate issued by
1477	another state and documentation of 1 year2 years of continuous
1478	successful full-time teaching or administrative experience
1479	during the 5-year period immediately preceding the date of
1480	application for certification.
1481	(4) MASTERY OF SUBJECT AREA KNOWLEDGE.--Acceptable means
1482	of demonstrating mastery of subject area knowledge are:
1483	(a) Achievement of passing scores on subject area
1484	examinations required by state board rule;
1485	(b) Completion of the subject area specialization
1486	requirements specified in state board rule and verification of
1487	the attainment of the essential subject matter competencies by
1488	the district school superintendent of the employing school
1489	district or chief administrative officer of the employing state-
1490	supported or private school for a subject area for which a
1491	subject area examination has not been developed and required by
1492	state board rule;
1493	(c) Completion of the graduate levelsubject area
1494	specialization requirements specified in state board rule for a
1495	subject coverage requiring a master's or higher degree and
1496	achievement of a passing score on the subject area examination
1497	specified in state board rule;
1498	(d) A valid professionalstandard teaching certificate
1499	issued by another state that requires an examination of mastery
1500	of subject area knowledge;
1501	(e) A valid standard teaching certificate issued by
1502	another state andvalid certificate issued by the National Board
1503	for Professional Teaching Standards or other such nationally
1504	recognized organization as determined by the State Board of
1505	Education; or
1506	(f) A valid standardteaching certificate issued by
1507	another state and documentation of 1 year2 years of continuous
1508	successful full-time teaching or administrative experience
1509	during the 5-year period immediately preceding the date of
1510	application for certification.
1511	(5) MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
1512	COMPETENCE.--Acceptable means of demonstrating mastery of
1513	professional preparation and education competence are:
1514	(a) Completion of an approved teacher preparation program
1515	at a postsecondary educational institution within this state and
1516	achievement of a passing score on the professional education
1517	competency examination required by state board rule;
1518	(b) Completion of a teacher preparation program offered by
1519	ata postsecondary educational institution outside Florida and
1520	achievement of a passing score on the professional education
1521	competency examination required by state board rule;
1522	(c) A valid professionalstandard teaching certificate
1523	issued by another state that requires an examination of mastery
1524	of professional education competence;
1525	(d) A valid standard teaching certificate issued by
1526	another state andvalid certificate issued by the National Board
1527	for Professional Teaching Standards or other such nationally
1528	recognized organization as determined by the State Board of
1529	Education;
1530	(e) A valid standardteaching certificate issued by
1531	another state and documentation of 1 year2 years of continuous
1532	successful full-time teaching or administrative experience
1533	during the 5-year period immediately preceding the date of
1534	application for certification;
1535	(f) Completion of professional preparation courses as
1536	specified in state board rule, successful completion of a
1537	professional education competence demonstration program pursuant
1538	to paragraph (7)(b), and achievement of a passing score on the
1539	professional education competency examination required by state
1540	board rule; or
1541	(g) Successful completion of a professional preparation
1542	alternative certification and education competency program,
1543	outlined in paragraph (7)(a).
1544
1545	State Board of Education rule governing mastery of professional
1546	preparation and education competence shall be revised as
1547	necessary in accordance with s. 1004.04(2).
1548	(6) TYPES AND TERMS OF CERTIFICATION.--
1549	(a) The Department of Education shall issue a professional
1550	certificate for a period not to exceed 5 years to any applicant
1551	who meets all the requirements outlined in subsection (2).
1552	(b) The department shall issue a temporary certificate to
1553	any applicant who completes the requirements outlined in
1554	paragraphs (2)(a)-(f) and completes the subject area content
1555	requirements specified in state board rule or demonstrates
1556	mastery of subject area knowledge pursuant to subsection (4) and
1557	holds an accredited degree or a degree approved by the
1558	Department of Education at the level required for the subject
1559	area specialization in state board rule.
1560	(c) The department shall issue one nonrenewable 2-year
1561	temporary certificate and one nonrenewable 5-year professional
1562	certificate to a qualified applicant who holds a bachelor's
1563	degree in the area of speech-language impairment to allow for
1564	completion of a master's degree program in speech-language
1565	impairment.
1566
1567	Each temporary certificate is valid for 3 school fiscal years
1568	and is nonrenewable. However, the requirement in paragraph
1569	(2)(g) must be met within 1 calendar year of the date of
1570	employment under the temporary certificate. Individuals who are
1571	employed under contract at the end of the 1 calendar year time
1572	period may continue to be employed through the end of the school
1573	year in which they have been contracted. A school district shall
1574	not employ, or continue the employment of, an individual in a
1575	position for which a temporary certificate is required beyond
1576	this time period if the individual has not met the requirement
1577	of paragraph (2)(g).However,the State Board of Education shall
1578	adopt rules to allow the department to extend the validity
1579	period of a temporary certificate for 2 years when the
1580	requirements for the professional certificate, not including the
1581	requirement in paragraph (2)(g),were not completed due to the
1582	serious illness or injury of the applicant or other
1583	extraordinary extenuating circumstances. Based on emergency
1584	need,the department shall reissue the temporary certificate for
1585	2 additional years upon approval by the Commissioner of
1586	Education. A written request for such reissuance must firstof
1587	the certificate shall be submitted, stating the basis for the
1588	emergency need,by the district school superintendent, the
1589	governing authority of a university lab school, the governing
1590	authority of a state-supported school, or the governing
1591	authority of a private school.
1592	Section 23. Subsection (1) of section 1012.57, Florida
1593	Statutes, is amended to read:
1594	1012.57 Certification of adjunct educators.--
1595	(1) Notwithstanding the provisions of ss. 1012.32,
1596	1012.55, and 1012.56, or any other provision of law or rule to
1597	the contrary, district school boards shall adopt rules to allow
1598	for the issuance ofmay issuean adjunct teaching certificate to
1599	any applicant who fulfills the requirements of s. 1012.56(2)(a)-
1600	(f) and who has expertise in the subject area to be taught. An
1601	applicant shall be considered to have expertise in the subject
1602	area to be taught if the applicant has at least a minor in the
1603	subject area or demonstrates sufficient subject area mastery
1604	through passage of a subject area testas determined by district
1605	school board policy. The adjunct teaching certificate shall be
1606	used for part-time teaching positions. The intent of this
1607	provision is to allow school districts to tap the wealth of
1608	talent and expertise represented in Florida's citizens who may
1609	wish to teach part-time in a Florida public school by permitting
1610	school districts to issue adjunct certificates to qualified
1611	applicants. Adjunct certificateholders should be used as a
1612	strategy to reduce the teacher shortage; thus, adjunct
1613	certificateholders should supplement a school's instructional
1614	staff, not supplant it. Each school principal shall assign an
1615	experienced peer mentor to assist the adjunct teaching
1616	certificateholder during the certificateholder's first year of
1617	teaching, and an adjunct certificateholder may participate in a
1618	district's new teacher training program. District school boards
1619	shall provide the adjunct teaching certificateholder an
1620	orientation in classroom management prior to assigning the
1621	certificateholder to a school. Each adjunct teaching certificate
1622	is valid for 5 school years and is renewable if:
1623	(a) The applicant completes a minimum of 60 inservice
1624	points or 3 semester hours of college credit. The earned credits
1625	must include instruction in classroom management, district
1626	school board procedures, school culture, and other activities
1627	that enhance the professional teaching skills of the
1628	certificateholder.
1629	(b)the applicant has received satisfactory performance
1630	evaluations during each year of teaching under adjunct teaching
1631	certification.
1632	Section 24. Paragraph (a) of subsection (1), subsection
1633	(2), and paragraph (a) of subsection (3) of section 1012.585,
1634	Florida Statutes, are amended to read:
1635	1012.585 Process for renewal of professional
1636	certificates.--
1637	(1)(a) District school boards in this stateshall renew
1638	state-issued professional certificates as follows:
1639	1. Each district school board shall renew state-issued
1640	professional certificates for individuals who hold a state-
1641	issued professional certificate by this stateand are employed
1642	by that district pursuant to criteria established in subsections
1643	(2), (3), and (4) and rules of the State Board of Education.
1644	2. The employing school district may charge the individual
1645	an application fee not to exceed the amount charged by the
1646	Department of Education for such services, including associated
1647	late renewal fees. Each district school board shall transmit
1648	monthly to the department a fee in an amount established by the
1649	State Board of Education for each renewed certificate. The fee
1650	shall not exceed the actual cost for maintenance and operation
1651	of the statewide certification database and for the actual costs
1652	incurred in printing and mailing such renewed certificates. As
1653	defined in current rules of the state board, the department
1654	shall contribute a portion of such fee for purposes of funding
1655	the Educator Recovery Network established in s. 1012.798. The
1656	department shall deposit all funds into the Educational
1657	Certification Trust Fund for use as specified in s. 1012.59.
1658	(2)(a) All professional certificates, except a
1659	nonrenewable professional certificate, shall be renewable for
1660	successive periods not to exceed 5 years after the date of
1661	submission of documentation of completion of the requirements
1662	for renewal provided in subsection (3). Only one renewal may be
1663	granted during each 5-year validity period of a professional
1664	certificate.
1665	(b) A teacher with national certification from the
1666	National Board for Professional Teaching Standards is deemed to
1667	meet state renewal requirements for the life of the teacher's
1668	national certificate in the subject shown on the national
1669	certificate. A complete renewal application and fee shall be
1670	submitted. The Commissioner of Education shall notify teachers
1671	of the renewal application and fee requirements.
1672	(c) As authorized by State Board of Education rule, a
1673	teacher with a valid certificate issued by the American Board
1674	for Certification of Teacher Excellence is deemed to meet state
1675	renewal requirements for the life of the teacher's American
1676	Board certificate in the subject shown on the American Board
1677	certificate. A complete renewal application and fee shall be
1678	submitted.
1679	(d)(c)If the renewal application form is not received by
1680	the department or by the employing school district before the
1681	expiration of the professional certificate, the application
1682	form, application fee, and a late fee must be submitted before
1683	July 1 of the year following expiration of the certificate in
1684	order to renew the professional certificate.
1685	(e)(d)The State Board of Education shall adopt rules to
1686	allow a 1-year extension of the validity period of a
1687	professional certificate in the event of serious illness,
1688	injury, or other extraordinary extenuating circumstances of the
1689	applicant. The department shall grant such 1-year extension upon
1690	written request by the applicant or by the district school
1691	superintendent or the governing authority of a university lab
1692	school, state-supported school, or private school that employs
1693	the applicant.
1694	(3) For the renewal of a professional certificate, the
1695	following requirements must be met:
1696	(a) The applicant must earn a minimum of 6 college credits
1697	or 120 inservice points or a combination thereof. For each area
1698	of specialization to be retained on a certificate, the applicant
1699	must earn at least 3 of the required credit hours or equivalent
1700	inservice points in the specialization area. Education in
1701	"clinical educator" training pursuant to s. 1004.04(6)(b)
1702	1004.04(5)(b)and credits or points that provide training in the
1703	area of scientifically researched, knowledge-based reading
1704	literacy and computational skills acquisition,exceptional
1705	student education, normal child development, and the disorders
1706	of development may be applied toward any specialization area.
1707	Credits or points that provide training in the areas of drug
1708	abuse, child abuse and neglect, strategies in teaching students
1709	having limited proficiency in English, or dropout prevention, or
1710	training in areas identified in the educational goals and
1711	performance standards adopted pursuant to ss. 1000.03(5) and
1712	1001.23 may be applied toward any specialization area. Credits
1713	or points earned through approved summer institutes may be
1714	applied toward the fulfillment of these requirements. Inservice
1715	points may also be earned by participation in professional
1716	growth components approved by the State Board of Education and
1717	specified pursuant to s. 1012.98 in the district's approved
1718	master plan for inservice educational training, including, but
1719	not limited to, serving as a trainer in an approved teacher
1720	training activity, serving on an instructional materials
1721	committee or a state board or commission that deals with
1722	educational issues, or serving on an advisory council created
1723	pursuant to s. 1001.452.
1724	Section 25. Section 1012.586, Florida Statutes, is created
1725	to read:
1726	1012.586 Additions or changes to certificates; duplicate
1727	certificates.--A school district may process via a Department of
1728	Education website certificates for the following applications of
1729	public school employees:
1730	(1) Addition of a subject coverage or endorsement to a
1731	valid Florida certificate on the basis of the completion of the
1732	appropriate subject area testing requirements of s.
1733	1012.56(4)(a) or the completion of the requirements of an
1734	approved school district program or the inservice components for
1735	an endorsement.
1736	(2) A reissued certificate to reflect a name change.
1737	(3) A duplicate certificate to replace a lost or damaged
1738	certificate.
1739
1740	The employing school district shall charge the employee a fee
1741	not to exceed the amount charged by the Department of Education
1742	for such services. Each district school board shall retain a
1743	portion of the fee as defined in the rules of the State Board of
1744	Education. The portion sent to the department shall be used for
1745	maintenance of the technology system, the web application, and
1746	posting and mailing of the certificate.
1747	Section 26. Subsections (1) and (2) and paragraph (a) of
1748	subsection (3) of section 1012.72, Florida Statutes, are amended
1749	to read:
1750	1012.72 Dale Hickam Excellent Teaching Program.--
1751	(1) The Legislature recognizes that teachers play a
1752	critical role in preparing students to achieve the high levels
1753	of academic performance expected by the Sunshine State Standards
1754	and. The Legislature further recognizesthe importance of
1755	identifying and rewarding teaching excellence and of encouraging
1756	good teachers to become excellent teachers. The Legislature
1757	finds that the National Board of Professional Teaching Standards
1758	(NBPTS) has established high and rigorous standards for
1759	accomplished teaching and has developed a national voluntary
1760	system for assessing and certifying teachers who demonstrate
1761	teaching excellence by meeting those standards. It is therefore
1762	the Legislature's intent to provide incentives for teachers to
1763	seek nationalNBPTScertification and to reward teachers who
1764	demonstrate teaching excellence by attaining nationalNBPTS
1765	certification and sharing their expertise with students and
1766	other teachers. Contingent upon approval by the State Board of
1767	Education, the incentives and privileges extended to the
1768	National Board for Professional Teaching Standards (NBPTS) and
1769	to a teacher who holds a valid certificate issued by the NBPTS
1770	shall be extended to the American Board for Certification of
1771	Teacher Excellence (ABCTE) and to a teacher who holds a valid
1772	Master Teacher Certificate issued by the ABCTE.
1773	(2) The Dale Hickam Excellent Teaching Program is created
1774	to provide categorical funding for monetary incentives and
1775	bonuses for teaching excellence. The Department of Education
1776	shall distribute to each school district or to the NBPTS, or to
1777	the ABCTE if approved by the State Board of Education,an amount
1778	as prescribed annually by the Legislature for the Dale Hickam
1779	Excellent Teaching Program. For purposes of this section, the
1780	Florida School for the Deaf and the Blind shall be considered a
1781	school district. Unless otherwise provided in the General
1782	Appropriations Act, each distribution shall be the sum of the
1783	amounts earned for the following incentives and bonuses:
1784	(a) A fee subsidy to be paid by the Department of
1785	Education to the NBPTS, or to the ABCTE if approved by the State
1786	Board of Education,on behalf of each individual who is an
1787	employee of a district school board or a public school within
1788	the school district, who is certified by the district to have
1789	demonstrated satisfactory teaching performance pursuant to s.
1790	1012.34 and who satisfies the prerequisites for participating in
1791	the NBPTS certification program, or the ABCTE master teacher
1792	certification program if approved by the State Board of
1793	Education, and who agrees, in writing, to pay 10 percent of the
1794	NBPTS or ABCTEparticipation fee and to participate in the NBPTS
1795	certification program, or the ABCTE master teacher certification
1796	program if approved by the State Board of Education,during the
1797	school year for which the fee subsidy is provided. The fee
1798	subsidy for each eligible participant shall be an amount equal
1799	to 90 percent of the fee charged for participating in the NBPTS
1800	certification program. The fee subsidy is a one-time award and
1801	may not be duplicated for any individual.
1802	(b) A portfolio-preparation incentive of $150 paid by the
1803	Department of Education to each teacher employed by a district
1804	school board or a public school within a school district who is
1805	participating in the NBPTS certification program, or the ABCTE
1806	master teacher certification program if approved by the State
1807	Board of Education. The portfolio-preparation incentive is a
1808	one-time award paid during the school year for which the NBPTS
1809	fee subsidy is provided.
1810	(c) An annual bonus equal to 10 percent of the prior
1811	fiscal year's statewide average salary for classroom teachers to
1812	be distributed to the school district to be paid to each
1813	individual who holds NBPTS certification, or ABCTE master
1814	teacher certification if approved by the State Board of
1815	Education,and is employed by the district school board or by a
1816	public school within the school district. The district school
1817	board shall distribute the annual bonus to each individual who
1818	meets the requirements of this paragraph and who is certified
1819	annually by the district to have demonstrated satisfactory
1820	teaching performance pursuant to s. 1012.34. The annual bonus
1821	may be paid as a single payment or divided into not more than
1822	three payments.
1823	(d) An annual bonus equal to 10 percent of the prior
1824	fiscal year's statewide average salary for classroom teachers to
1825	be distributed to the school district to be paid to each
1826	individual who meets the requirements of paragraph (c) and
1827	agrees, in writing, to provide the equivalent of 12 workdays of
1828	mentoring and related services to beginningpublic school
1829	teachers or teachers in low-performing schoolswithin the state
1830	who do not hold NBPTS certification or ABCTE certification if
1831	approved by the State Board of Education. The district school
1832	board shall distribute the annual bonus in a single payment
1833	following the completion of all required mentoring and related
1834	services for the year. It is not the intent of the Legislature
1835	to remove excellent teachers from their assigned classrooms;
1836	therefore, credit may not be granted by a school district or
1837	public school for mentoring or related services provided during
1838	student contact time during the 196 days of required service for
1839	the school year.
1840
1841	Beginning with the 2003-2004 academic year, annual bonuses
1842	pursuant to this section shall be limited to teachers who
1843	demonstrate outstanding student performance in accordance with
1844	s. 1012.34(3)(a)1.-7. and who also demonstrate significant
1845	successful efforts in mentoring beginning teachers or those in
1846	need of assistance.A teacher for whom the state pays the
1847	certification fee and who does not complete the certification
1848	program or does not teach in a public school of this state for
1849	at least 1 year after completing the certification program must
1850	repay the amount of the certification fee to the state. However,
1851	a teacher who completes the certification program but fails to
1852	be awarded NBPTS certification, or ABCTE master teacher
1853	certification if approved by the State Board of Education,is
1854	not required to repay the amount of the certification fee if the
1855	teacher meets the 1-year teaching requirement. Repayment is not
1856	required of a teacher who does not complete the certification
1857	program or fails to fulfill the teaching requirement because of
1858	the teacher's death or disability or because of other
1859	extenuating circumstances as determined by the State Board of
1860	Education.
1861	(3)(a) In addition to any other remedy available under the
1862	law, any person who is a recipient of a certification fee
1863	subsidy paid to the NBPTS, or the ABCTE if approved by the State
1864	Board of Education,and who is an employee of the state or any
1865	of its political subdivisions is considered to have consented,
1866	as a condition of employment, to the voluntary or involuntary
1867	withholding of wages to repay to the state the amount of such a
1868	certification fee subsidy awarded under this section. Any such
1869	employee who defaults on the repayment of such a certification
1870	fee subsidy must, within 60 days after service of a notice of
1871	default by the Department of Education to the employee,
1872	establish a repayment schedule which must be agreed to by the
1873	department and the employee, for repaying the defaulted sum
1874	through payroll deductions. The department may not require the
1875	employee to pay more than 10 percent of the employee's pay per
1876	pay period under such a repayment schedule or plan. If the
1877	employee fails to establish a repayment schedule within the
1878	specified period of time or fails to meet the terms and
1879	conditions of the agreed upon or approved repayment schedule as
1880	authorized by this subsection, the employee has breached an
1881	essential condition of employment and is considered to have
1882	consented to the involuntary withholding of wages or salary for
1883	the repayment of the certification fee subsidy.
1884	Section 27. Section 1012.73, Florida Statutes, is
1885	repealed.
1886	Section 28. Subsection (2), paragraph (b) of subsection
1887	(3), and subsections (5) through (11) of section 1012.98,
1888	Florida Statutes, are amended to read:
1889	1012.98 School Community Professional Development Act.--
1890	(2) The school community includes students and parents,
1891	administrative personnel, managers, instructional personnel,
1892	support personnel, members of district school boards, members of
1893	school advisory councils, parents,business partners, and
1894	personnel that provide health and social services to students
1895	school children. School districts may identify and include
1896	additional members of the school community in the professional
1897	development activities required by this section.
1898	(3) The activities designed to implement this section
1899	must:
1900	(b) Assist the school community in providing stimulating,
1901	scientifically research-basededucational activities that
1902	encourage and motivate students to achieve at the highest levels
1903	and to become active learners.
1904	(5)(a) The Department of Education shall provide a system
1905	for the recruitment, preparation, and professional development
1906	of school administrative personnel. This system shall:
1907	1. Identify the knowledge, competencies, and skills
1908	necessary for effective school management and instructional
1909	leadership that align with student performance standards and
1910	accountability measures.
1911	2. Include performance evaluation methods.
1912	3. Provide for alternate means for preparation of school
1913	administrative personnel which may include programs designed by
1914	school districts and postsecondary educational institutions
1915	pursuant to guidelines developed by the commissioner. Such
1916	preparation programs shall be approved by the Department of
1917	Education.
1918	4. Provide for the hiring of qualified out-of-state school
1919	administrative personnel.
1920	5. Provide advanced educational opportunities for school-
1921	based instructional leaders.
1922	(b) The Commissioner of Education shall appoint a task
1923	force that includes a district school superintendent, a district
1924	school board member, a principal, an assistant principal, a
1925	teacher, a dean of a college of education, and parents. The task
1926	force shall convene periodically to provide recommendations to
1927	the department in the areas of recruitment, certification,
1928	preparation, professional development, and evaluation of school
1929	administrators.
1930	(5)(6)Each district school board shall provide funding
1931	for the professional development system as required by s.
1932	1011.62 and the General Appropriations Act, and shall direct
1933	expenditures from other funding sources to strengthen the system
1934	and make it uniform and coherent. A school district may
1935	coordinate its professional development program with that of
1936	another district, with an educational consortium, or with a
1937	community college or university, especially in preparing and
1938	educating personnel. Each district school board shall make
1939	available inservice activities to instructional personnel of
1940	nonpublic schools in the district and the state certified
1941	teachers who are not employed by the district school board on a
1942	fee basis not to exceed the cost of the activity per all
1943	participants.
1944	(6)(7)An organization of private schools which has no
1945	fewer than 10 member schools in this state, which publishes and
1946	files with the Department of Education copies of its standards,
1947	and the member schools of which comply with the provisions of
1948	part II of chapter 1003, relating to compulsory school
1949	attendance, may also develop a professional development system
1950	that includes a master plan for inservice activities. The system
1951	and inservice plan must be submitted to the commissioner for
1952	approval pursuant to rules of the State Board of Education.
1953	(7)(8)The Department of Education shall design methods by
1954	which the state and district school boards may evaluate and
1955	improve the professional development system. The evaluation must
1956	include an annual assessment of data that indicate progress or
1957	lack of progress of all students. If the review of the data
1958	indicates progress, the department shall identify the best
1959	practices that contributed to the progress. If the review of the
1960	data indicates a lack of progress, the department shall
1961	investigate the causes of the lack of progress, provide
1962	technical assistance, and require the school district to employ
1963	a different approach to professional development. The department
1964	shall report annually to the State Board of Education and the
1965	Legislature any school district that, in the determination of
1966	the department, has failed to provide an adequate professional
1967	development system. This report must include the results of the
1968	department's investigation and of any intervention provided.
1969	(8)(9)The State Board of Education may adopt rules
1970	pursuant to ss. 120.536(1) and 120.54 to administer this
1971	section.
1972	(9)(10)This section does not limit or discourage a
1973	district school board from contracting with independent entities
1974	for professional development services and inservice education if
1975	the district school board can demonstrate to the Commissioner of
1976	Educationbelievesthat, through such a contract, a better
1977	product can be acquired or its goals for education improvement
1978	can be better met.
1979	(10)(11)For teachers, managers, and administrative
1980	personnel who have been evaluated as less than satisfactory, a
1981	district school board shall require participation in specific
1982	professional development programs as part of the improvement
1983	prescription.
1984	Section 29. Section 1012.987, Florida Statutes, is created
1985	to read:
1986	1012.987 Education leadership development.--
1987	(1) The State Board of Education shall adopt rules through
1988	which school principals may earn a principal leadership
1989	designation based on teacher retention, overall student
1990	performance, and school grade. The State Board of Education must
1991	designate incentives available to personnel who earn a principal
1992	leadership designation, including, but not limited to, merit
1993	pay, expanded discretionary spending flexibility, relaxed
1994	regulation or reporting requirements, additional professional
1995	development resources, and public recognition.
1996	(2)(a) The Department of Education shall provide a system
1997	for the recruitment, preparation, and education leadership
1998	development of school administrative personnel. This system
1999	shall be based on standards adopted by the State Board of
2000	Education that include, but are not limited to:
2001	1. Improved student achievement.
2002	2. Increased emphasis on reading using the latest
2003	scientific knowledge-based research in reading and the
2004	administrator's role as a successful school leader in reading
2005	reform efforts.
2006	3. Instructional leadership.
2007	4. Data analysis.
2008	5. School safety.
2009	6. Community and family involvement.
2010	7. Operational management.
2011	8. School finance.
2012	(b) Each education leadership development program must
2013	provide all program participants full information on not less
2014	than an annual basis to update the participants on the status
2015	of, and rationale for changes to, state and federal law and
2016	funding policies.
2017	(c) Education leadership development programs must be
2018	consistent with standards adopted by the State Board of
2019	Education and must be approved by the department.
2020	(d) Alternative education leadership development programs
2021	that meet the standards of, and are approved by, the Department
2022	of Education may be offered by a school district or
2023	postsecondary educational institution.
2024	(e) The Commissioner of Education may conduct K-20
2025	education leadership institutes for the purpose of communicating
2026	the state's education priorities, best practices, and other
2027	related research and facilitating the formation of a K-20
2028	partnership.
2029	Section 30. Notwithstanding any provision of law to the
2030	contrary, when a school is graded "F" or receives a second
2031	consecutive grade of "D," the elected district school
2032	superintendent, or if the district school superintendent is
2033	appointed, the district school board, may request the
2034	resignation of the school principal and teachers.
2035	Section 31. Each district school board shall review and
2036	consider amending any collective bargaining contract that may
2037	hinder the implementation of any provision of this act.
2038	Section 32. The Commissioner of Education shall conduct en
2039	electronic mail or other survey of the classroom teachers in
2040	each school district at the end of the 2003-2004 academic year
2041	to determine whether the teachers received improved support from
2042	their district school board, superintendent, and principal for
2043	paperwork reduction and classroom discipline and shall use the
2044	enforcement authority of s. 1008.32, Florida Statutes, as
2045	appropriate, to ensure compliance with the BEST Florida Teaching
2046	Act of 2003.
2047	Section 33. Paragraph (a) of subsection (22) of section
2048	121.021, Florida Statutes, is amended to read:
2049	121.021 Definitions.--The following words and phrases as
2050	used in this chapter have the respective meanings set forth
2051	unless a different meaning is plainly required by the context:
2052	(22) "Compensation" means the monthly salary paid a
2053	member by his or her employer for work performed arising from
2054	that employment.
2055	(a) Compensation shall include:
2056	1. Overtime payments paid from a salary fund.
2057	2. Accumulated annual leave payments.
2058	3. Payments in addition to the employee's base rate of
2059	pay if all the following apply:
2060	a. The payments are paid according to a formal written
2061	policy that applies to all eligible employees equally;
2062	b. The policy provides that payments shall commence no
2063	later than the 11th year of employment;
2064	c. The payments are paid for as long as the employee
2065	continues his or her employment; and
2066	d. The payments are paid at least annually.
2067	4. Amounts withheld for tax sheltered annuities or
2068	deferred compensation programs, or any other type of salary
2069	reduction plan authorized under the Internal Revenue Code.
2070	5. Payments made in lieu of a permanent increase in the
2071	base rate of pay, whether made annually or in 12 or 26 equal
2072	payments within a 12-month period, when the member's base pay
2073	is at the maximum of his or her pay range. When a portion of a
2074	member's annual increase raises his or her pay range and the
2075	excess is paid as a lump sum payment, such lump sum payment
2076	shall be compensation for retirement purposes.
2077	6. Effective July 1, 2002, salary supplements made
2078	pursuant to s.ss. 1012.73 and 1012.72 requiring a valid
2079	National Board for Professional Standards certificateor
2080	equivalent status as provided in s. 1012.73(3)(e)5.,
2081	notwithstanding the provisions of subparagraph 3.
2082	Section 34. This act shall take effect upon becoming a
2083	law.