HB 1763

1	A bill to be entitled
2	An act relating to quality of school personnel; amending
3	s. 1004.04, F.S.; revising criteria for admission to
4	teacher preparation programs; requiring a certification
5	ombudsman; authorizing certain postsecondary institutions
6	to develop and implement short-term teaching experiences;
7	creating s. 1004.85, F.S.; providing a definition;
8	providing for postsecondary institutions to create
9	educator preparation institutes; providing purpose of the
10	institutes; authorizing institutes to offer alternative
11	educator certification programs; requiring Department of
12	Education response to a request for approval; providing
13	criteria for alternative certification programs; providing
14	requirements for program participants; providing for
15	participants to receive a credential signifying mastery of
16	professional preparation and education competence;
17	authorizing school districts to use an alternative
18	certification program at an educator preparation institute
19	to satisfy certain requirements; requiring performance
20	evaluations; requiring certain criteria for instructors;
21	providing rulemaking authority; amending s. 1012.05, F.S.;
22	requiring the department to concentrate on retention of
23	teachers; requiring the department to provide certain
24	resources for teachers and to establish an Educator
25	Appreciation Week; requiring district school boards to
26	adopt policies for mentors and support for first-time
27	teachers; amending s. 1012.231, F.S.; authorizing a salary
28	career ladder for certain classifications of instructional
29	personnel; providing criteria for certain lead teachers;
30	amending s. 1012.32, F.S.; requiring background screening
31	for contractual personnel, charter school personnel, and
32	certain instructional and noninstructional personnel;
33	deleting provision for probationary status for new
34	employees pending fingerprint processing; prohibiting
35	certain persons from providing services; providing for
36	appeals; providing for payment of costs; deleting a
37	refingerprinting requirement; requiring the Department of
38	Law Enforcement to retain and enter fingerprints into the
39	statewide automated fingerprint identification system;
40	requiring the Department of Law Enforcement to search
41	arrest fingerprint cards against retained fingerprints and
42	to report identified arrest records; providing school
43	district responsibilities and the imposition of a fee;
44	requiring refingerprinting for personnel whose
45	fingerprints are not retained; amending s. 1012.33, F.S.;
46	revising provisions relating to acceptance of teaching
47	service; amending s. 1012.35, F.S.; requiring background
48	screening and additional requirements for substitute
49	teachers; requiring the department to develop certain
50	resources and school districts to develop performance
51	appraisal measures; amending s. 1012.39, F.S.; requiring
52	background screening and qualifications for substitute
53	teachers; requiring background screening for teachers in
54	adult education programs and nondegreed teachers of career
55	and technical programs; creating s. 1012.465, F.S.;
56	requiring background screening for certain
57	noninstructional personnel and contractors with the school
58	district; requiring such persons to report conviction of a
59	disqualifying offense; providing for suspension of
60	personnel who do not meet screening requirements; amending
61	s. 1012.55, F.S.; providing department duties relating to
62	identification of appropriate certification for certain
63	instruction; requiring background screening for certain
64	instructors; amending s. 1012.56, F.S.; clarifying
65	required response of the department to applicants for
66	certification; revising eligibility criteria for
67	certification applicants; requiring an affidavit for
68	educator certification; requiring background screening for
69	educator certification; revising means of demonstrating
70	mastery of general knowledge, subject area knowledge, and
71	professional preparation and education competence;
72	providing background screening requirements; requiring
73	persons to report conviction of a disqualifying offense;
74	providing for suspension from position and revocation or
75	suspension of certification; creating s. 1012.561, F.S.;
76	providing requirements relating to notification of the
77	address of record of a certified educator or applicant for
78	certification; amending s. 1012.57, F.S.; requiring
79	background screening for adjunct educators; amending s.
80	1012.585, F.S.; revising means of renewal of a
81	professional certificate; revising means of earning
82	inservice points; providing requirements for training in
83	the teaching of reading for renewal of a professional
84	certificate; amending s. 1002.33, F.S.; requiring
85	background screening for employees and members of the
86	governing boards of charter schools; providing an
87	effective date.
88
89	Be It Enacted by the Legislature of the State of Florida:
90
91	Section 1.  Subsection (4) of section 1004.04, Florida
92	Statutes, is amended, subsections (10), (11), and (12) are
93	renumbered as subsections (11), (12), and (13), respectively,
94	and a new subsection (10) is added to said section, to read:
95	1004.04  Public accountability and state approval for
96	teacher preparation programs.--
97	(4)  INITIAL STATE PROGRAM APPROVAL.--
98	(a)  A program approval process based on standards adopted
99	pursuant to subsections (2) and (3) must be established for
100	postsecondary teacher preparation programs, phased in according
101	to timelines determined by the Department of Education, and
102	fully implemented for all teacher preparation programs in the
103	state. Each program shall be approved by the department,
104	consistent with the intent set forth in subsection (1) and based
105	primarily upon significant, objective, and quantifiable graduate
106	performance measures.
107	(b)  Each teacher preparation program approved by the
108	Department of Education, as provided for by this section, shall
109	require students to meet the following as prerequisites for
110	admission into the program:
111	1.  Have a grade point average of at least 2.5 on a 4.0
112	scale for the general education component of undergraduate
113	studies or have completed the requirements for a baccalaureate
114	degree with a minimum grade point average of 2.5 on a 4.0 scale
115	from any college or university accredited by a regional
116	accrediting association as defined by State Board of Education
117	rule or any college or university otherwise approved pursuant to
118	State Board of Education rule.
119	2.  Demonstrate mastery of general knowledge, including the
120	ability to read, write, and compute, by passing the General
121	Knowledge Test of the Florida Teacher Certification Examination,
122	the College Level Academic Skills Test, a corresponding
123	component of the National Teachers Examination series, or a
124	similar test pursuant to rules of the State Board of Education.
125
126	Each teacher preparation program may waive these admissions
127	requirements for up to 10 percent of the students admitted.
128	Programs shall implement strategies to ensure that students
129	admitted under a waiver receive assistance to demonstrate
130	competencies to successfully meet requirements for
131	certification.
132	(c)  Each teacher preparation program approved by the
133	Department of Education, as provided for by this section, shall
134	provide a certification ombudsman to facilitate the process and
135	procedures required for graduates to obtain educator
136	professional or temporary certification pursuant to s. 1012.56.
137	(10)  SHORT-TERM EXPERIENCES AS TEACHER ASSISTANTS.--
138	Postsecondary institutions offering teacher preparation programs
139	and community colleges, in collaboration with school districts,
140	may develop and implement a program to provide short-term
141	experiences as teacher assistants prior to beginning a teacher
142	preparation program or alternative certification program. The
143	program shall serve individuals with baccalaureate degrees who
144	are interested in the teaching profession. This experience may
145	be accepted for use in teacher preparation programs and
146	competency-based alternative certification programs, where
147	applicable.
148	Section 2.  Section 1004.85, Florida Statutes, is created
149	to read:
150	1004.85  Postsecondary educator preparation institutes.--
151	(1)  As used in this section, "educator preparation
152	institute" means an institute created by a postsecondary
153	institution and approved by the Department of Education.
154	(2)  Postsecondary institutions may seek approval from the
155	Department of Education to create educator preparation
156	institutes for the purpose of providing any or all of the
157	following:
158	(a)  Professional development instruction to assist
159	teachers in improving classroom instruction and in meeting
160	certification or recertification requirements.
161	(b)  Instruction to assist potential and existing
162	substitute teachers in performing their duties.
163	(c)  Instruction to assist paraprofessionals in meeting
164	education and training requirements.
165	(d)  Instruction for baccalaureate degree holders to become
166	certified teachers as provided in this section in order to
167	increase routes to the classroom for mid-career professionals
168	who hold a baccalaureate degree and college graduates who were
169	not education majors.
170	(3)  Educator preparation institutes approved pursuant to
171	this section may offer alternative certification programs
172	specifically designed for noneducation major baccalaureate
173	degree holders to enable program participants to meet the
174	educator certification requirements of s. 1012.56. Such programs
175	shall be competency-based educator certification preparation
176	programs that prepare educators through an alternative route. An
177	educator preparation institute choosing to offer an alternative
178	certification program pursuant to the provisions of this section
179	must implement a program previously approved by the Department
180	of Education for this purpose or a program developed by the
181	institute and approved by the department for this purpose.
182	Approved programs shall be available for use by other approved
183	educator preparation institutes.
184	(a)  Within 90 days after receipt of a request for
185	approval, the Department of Education shall approve an
186	alternative certification program or issue a statement of the
187	deficiencies in the request for approval. The department shall
188	approve an alternative certification program if the institute
189	provides sufficient evidence of the following:
190	1.  Instruction must be provided in professional knowledge
191	and subject matter content that includes educator-accomplished
192	practices and competencies specified in State Board of Education
193	rule and meets subject matter content requirements, professional
194	competency testing requirements, and competencies associated
195	with teaching scientifically based reading instruction and
196	strategies that research has shown to be successful in improving
197	reading among low-performing readers.
198	2.  The program must provide field experience with
199	supervision from qualified educators.
200	3.  The program must provide a certification ombudsman to
201	facilitate the process and procedures required for participants
202	who complete the program to meet any requirements related to the
203	background screening pursuant to s. 1012.32 and educator
204	professional or temporary certification pursuant to s. 1012.56.
205	(b)  Each program participant must:
206	1.  Meet certification requirements pursuant to s.
207	1012.56(1) by obtaining a statement of status of eligibility and
208	meet the requirements of s. 1012.56(2)(a)-(f).
209	2.  Participate in field experience that is appropriate to
210	his or her educational plan.
211	3.  Fully demonstrate his or her ability to teach the
212	subject area for which he or she is seeking certification prior
213	to completion of the program.
214	(c)  Upon completion of an alternative certification
215	program approved pursuant to this subsection, a participant
216	shall receive a credential from the sponsoring institution
217	signifying satisfaction of the requirements of s. 1012.56(5)
218	relating to mastery of professional preparation and education
219	competence. A participant shall be eligible for educator
220	certification through the Department of Education upon
221	satisfaction of all requirements for certification set forth in
222	s. 1012.56(2), including demonstration of mastery of general
223	knowledge, subject area knowledge, and professional preparation
224	and education competence, through testing or other statutorily
225	authorized means.
226	(d)  If an institution offers an alternative certification
227	program approved pursuant to this subsection, such program may
228	be used by the school district or districts served by that
229	institution to fully satisfy the requirements for the provision
230	of a competency-based professional preparation alternative
231	certification program as required in s. 1012.56(7).
232	(4)  Each institute approved pursuant to this section shall
233	submit to the Department of Education annual performance
234	evaluations that measure the effectiveness of the programs,
235	including the pass rates of participants on all examinations
236	required for teacher certification, employment rates,
237	longitudinal retention rates, and employer satisfaction surveys.
238	The employer satisfaction surveys must be designed to measure
239	the sufficient preparation of the educator to enter the
240	classroom.
241	(5)  Instructors for an alternative certification program
242	approved pursuant to this section must possess a master's degree
243	in education or a master's degree in an appropriate related
244	field and document teaching experience.
245	(6)  Educator preparation institutes approved pursuant to
246	this section and providing approved instructional programs for
247	any of the purposes in subsection (2) are eligible for funding
248	from federal and state funds, as appropriated by the
249	Legislature.      (7)  The State Board of Education may adopt rules
250	pursuant to ss. 120.536(1) and 120.54 to implement the
251	provisions of this section.
252	Section 3.  Section 1012.05, Florida Statutes, is amended
253	to read:
254	1012.05  Teacher recruitment and retention.--
255	(1)  The Department of Education, in cooperation with
256	teacher organizations, district personnel offices, and schools,
257	colleges, and departments of all public and nonpublic
258	postsecondary educational institutions, shall concentrate on the
259	recruitment and retention of qualified teachers.
260	(2)  The Department of Education shall:
261	(a)  Develop and implement a system for posting teaching
262	vacancies and establish a database of teacher applicants that is
263	accessible within and outside the state.
264	(b)  Advertise in major newspapers, national professional
265	publications, and other professional publications and in public
266	and nonpublic postsecondary educational institutions.
267	(c)  Utilize state and nationwide toll-free numbers.
268	(d)  Conduct periodic communications with district
269	personnel directors regarding applicants.
270	(e)  Provide district access to the applicant database by
271	computer or telephone.
272	(f)  Develop and distribute promotional materials related
273	to the teaching profession as a career.
274	(g)  Publish and distribute information pertaining to
275	employment opportunities, application procedures, and all routes
276	toward teacher certification in Florida, and teacher salaries.
277	(h)  Provide information related to certification
278	procedures.
279	(i)  Develop and sponsor the Florida Future Educator of
280	America Program throughout the state.
281	(j)  Develop, in consultation with school district staff
282	including, but not limited to, district school superintendents,
283	district school board members, and district human resources
284	personnel, a long-range plan for educator recruitment and
285	retention.
286	(k)  Identify best practices for retaining high-quality
287	teachers.
288	(l)  Develop, in consultation with Workforce Florida, Inc.,
289	and the Agency for Workforce Innovation, created pursuant to ss.
290	445.004 and 20.50, respectively, a plan for accessing and
291	identifying available resources in the state's workforce system
292	and tourism offices for the purpose of enhancing teacher
293	recruitment and retention.
294	(m)  In consultation with school districts, create
295	guidelines and identify best practices for mentors of first-time
296	teachers and for new teacher support programs that focus on the
297	professional assistance needed by first-time teachers throughout
298	the first year of teaching.
299	(n)(m)  Develop and implement a First Response Center to
300	provide educator candidates one-stop shopping for information on
301	teaching careers in Florida and establish the Teacher Lifeline
302	Network to provide online support to beginning teachers and
303	those needing assistance.
304	(o)  Develop and implement an online teacher tool kit that
305	contains a menu of resources, based on the Sunshine State
306	Standards, which all teachers can use to enhance classroom
307	instruction and increase teacher effectiveness to improve
308	student achievement.
309	(p)  Establish an Educator Appreciation Week to recognize
310	the significant contributions made by educators to their
311	students and school communities.
312	(3)  Each district school board shall adopt policies
313	relating to mentors and support for first-time teachers based
314	upon guidelines issued by the Department of Education.
315	(4)(3)  The Department of Education, in cooperation with
316	district personnel offices, shall sponsor a job fair in a
317	central part of the state to match in-state educators and
318	potential educators and out-of-state educators and potential
319	educators with teaching opportunities in this state.
320	(5)(4)  Subject to proviso in the General Appropriations
321	Act, the Commissioner of Education may use funds appropriated by
322	the Legislature and funds from federal grants and other sources
323	to provide incentives for teacher recruitment and preparation
324	programs. The purpose of the use of such funds is to recruit and
325	prepare individuals who do not graduate from state-approved
326	teacher preparation programs to teach in a Florida public
327	school. The commissioner may contract with entities other than,
328	and including, approved teacher preparation programs to provide
329	intensive teacher training leading to passage of the required
330	certification exams for the desired subject area or coverage.
331	The commissioner shall survey school districts to evaluate the
332	effectiveness of such programs.
333	(6)  The Commissioner of Education is directed to take
334	steps that provide flexibility and consistency in meeting the
335	high-quality teacher criteria defined in the No Child Left
336	Behind Act through a high, objective, uniform state system of
337	evaluation.
338	Section 4.  Subsections (2) and (3) of section 1012.231,
339	Florida Statutes, are renumbered as subsections (3) and (4),
340	respectively, and a new subsection (2) is added to said section
341	to read:
342	1012.231  BEST Florida Teaching salary career ladder
343	program; assignment of teachers.--
344	(2)  SALARY CAREER LADDER FOR CERTAIN CLASSIFICATIONS OF
345	INSTRUCTIONAL PERSONNEL.--Each school district may incorporate
346	one or more individuals into the district career ladder program
347	as lead teachers pursuant to paragraph (1)(c) for the following
348	classifications:
349	(a)  Student personnel services as defined in s.
350	1012.01(2)(b).
351	(b)  Librarians/media specialists as defined in s.
352	1012.01(2)(c).
353	(c)  Other instructional staff as defined in s.
354	1012.01(2)(d).
355	(d)  Teachers of English for Speakers of Other Languages
356	pursuant to s. 1003.56.
357
358	If a school district chooses to incorporate individuals
359	identified in this subsection into the district career ladder
360	program, a lead teacher designated pursuant to this subsection
361	shall serve as a team leader, intern coordinator, or
362	professional development coordinator; shall participate in
363	direct instruction of students throughout the school year; and
364	shall serve as faculty for professional development activities
365	as determined by the State Board of Education. To be eligible
366	for designation as a lead teacher, an educator must demonstrate
367	outstanding performance pursuant to s. 1012.34(3)(a).
368	Section 5.  Section 1012.32, Florida Statutes, is amended,
369	to read:
370	1012.32  Qualifications of personnel.--
371	(1)  To be eligible for appointment in any position in any
372	district school system, a person shall be of good moral
373	character; shall have attained the age of 18 years, if he or she
374	is to be employed in an instructional capacity; and shall, when
375	required by law, hold a certificate or license issued under
376	rules of the State Board of Education or the Department of
377	Children and Family Services, except when employed pursuant to
378	s. 1012.55 or under the emergency provisions of s. 1012.24.
379	Previous residence in this state shall not be required in any
380	school of the state as a prerequisite for any person holding a
381	valid Florida certificate or license to serve in an
382	instructional capacity.
383	(2)(a)  Instructional and noninstructional personnel who
384	are hired or contracted to fill positions requiring direct
385	contact with students in any district school system or
386	university lab school shall, upon employment or engagement to
387	provide services, undergo background screening as required under
388	s. 1012.56 or s. 1012.465, whichever is applicable, file a
389	complete set of fingerprints taken by an authorized law
390	enforcement officer or an employee of the school or district who
391	is trained to take fingerprints.
392	(b)  Instructional and noninstructional personnel who are
393	hired or contracted to fill positions in any charter school and
394	members of the governing board of any charter school, in
395	compliance with s. 1002.33(12)(g), shall, upon employment,
396	engagement of services, or appointment, undergo background
397	screening as required under s. 1012.56 or s. 1012.465, whichever
398	is applicable, by filing with the district school board for the
399	school district in which the charter school is located a
400	complete set of fingerprints taken by an authorized law
401	enforcement agency or an employee of the school or school
402	district who is trained to take fingerprints.
403	(c)  Instructional and noninstructional personnel who are
404	hired or contracted to fill positions requiring direct contact
405	with students in an alternative school that operates under
406	contract with a district school system shall, upon employment or
407	engagement to provide services, undergo background screening as
408	required under s. 1012.56 or s. 1012.465, whichever is
409	applicable, by filing with the district school board for the
410	school district to which the alternative school is under
411	contract a complete set of fingerprints taken by an authorized
412	law enforcement agency or an employee of the school or school
413	district who is trained to take fingerprints.
414	(d)  Student teachers, persons participating in a field
415	experience pursuant to s. 1004.04(6) or s. 1004.85, and persons
416	participating in a short-term experience as a teacher assistant
417	pursuant to s. 1004.04(10) in any district school system, lab
418	school, or charter school shall, upon engagement to provide
419	services, undergo background screening as required under s.
420	1012.56.
421
422	These Fingerprints shall be submitted to the Department of Law
423	Enforcement for state processing and to the Federal Bureau of
424	Investigation for federal processing. Persons subject to this
425	subsection The new employees shall be on probationary status
426	pending fingerprint processing and determination of compliance
427	with standards of good moral character. Employees found through
428	fingerprint processing to have been convicted of a crime
429	involving moral turpitude shall not be employed, engaged to
430	provide services, or serve in any position requiring direct
431	contact with students. Probationary persons subject to this
432	subsection employees terminated because of their criminal record
433	shall have the right to appeal such decisions. The cost of the
434	background screening fingerprint processing may be borne by the
435	district school board, the charter school, or the employee, the
436	contractor, or a person subject to this subsection.
437	(b) Personnel who have been fingerprinted or screened
438	pursuant to this subsection and who have not been unemployed for
439	more than 90 days shall not be required to be refingerprinted or
440	rescreened in order to comply with the requirements of this
441	subsection.
442	(3)(a)  Beginning July 1, 2004, all fingerprints submitted
443	to the Department of Law Enforcement as required by subsection
444	(2) shall be retained by the Department of Law Enforcement in a
445	manner provided by rule and entered in the statewide automated
446	fingerprint identification system authorized by s. 943.05(2)(b).
447	Such fingerprints shall thereafter be available for all purposes
448	and uses authorized for arrest fingerprint cards entered in the
449	statewide automated fingerprint identification system pursuant
450	to s. 943.051.
451	(b)  Beginning December 15, 2004, the Department of Law
452	Enforcement shall search all arrest fingerprint cards received
453	under s. 943.051 against the fingerprints retained in the
454	statewide automated fingerprint identification system under
455	paragraph (a). Any arrest record that is identified with the
456	retained fingerprints of a person subject to the background
457	screening under this section shall be reported to the employing
458	or contracting school district or the school district with which
459	the person is affiliated. Each school district is required to
460	participate in this search process by payment of an annual fee
461	to the Department of Law Enforcement and by informing the
462	Department of Law Enforcement of any change in the affiliation,
463	employment, or contractual status or place of affiliation,
464	employment, or contracting of its instructional and
465	noninstructional personnel whose fingerprints are retained under
466	paragraph (a). The Department of Law Enforcement shall adopt a
467	rule setting the amount of the annual fee to be imposed upon
468	each school district for performing these searches and
469	establishing the procedures for the retention of instructional
470	and noninstructional personnel fingerprints and the
471	dissemination of search results. The fee may be borne by the
472	district school board, the contractor, or the person
473	fingerprinted.
474	(c)  Personnel whose fingerprints are not retained by the
475	Department of Law Enforcement under paragraphs (a) and (b) are
476	required to be refingerprinted and must meet level 2 screening
477	requirements as described in s. 435.04, upon reemployment or
478	reengagement to provide services, in order to comply with the
479	requirements of this subsection.
480	Section 6.  Paragraph (g) of subsection (3) of section
481	1012.33, Florida Statutes, is amended to read:
482	1012.33  Contracts with instructional staff, supervisors,
483	and school principals.--
484	(3)
485	(g)  Beginning July 1, 2001, For each employee who enters
486	into a written contract, pursuant to this section, in a school
487	district in which the employee was not employed as of June 30,
488	2001, for purposes of pay, a district school board must
489	recognize and accept each year of full-time public school
490	teaching service earned in the State of Florida or outside the
491	state and for which the employee received a satisfactory
492	performance evaluation. Instructional personnel employed
493	pursuant to s. 121.091(9)(b)3. are exempt from the provisions of
494	this paragraph.
495	Section 7.  Section 1012.35, Florida Statutes, is amended
496	to read:
497	1012.35  Substitute teachers.--
498	(1)(a)  Each district school board shall adopt rules
499	prescribing the compensation of, and the procedure for
500	employment of, substitute teachers. Such procedure for
501	employment shall include, but is not limited to, the background
502	screening filing of a complete set of fingerprints as required
503	in s. 1012.32; documentation of a minimum education level of a
504	high school diploma or its equivalent as described in s.
505	1003.429, s. 1003.43, or s. 1003.435; and completion of an
506	initial orientation/training program in school district policies
507	and procedures addressing school safety and security procedures,
508	educational liability laws, professional responsibilities, and
509	ethics.
510	(b)  Candidates without prior teaching experience, as
511	determined by the employing school district, must complete an
512	additional training program that includes classroom management
513	skills and instructional strategies prior to employment.
514	(c)  The required training programs for substitute teachers
515	may be provided by educator preparation institutes established
516	pursuant to s. 1004.85, community colleges, colleges of
517	education, district school boards, educational consortia, or
518	commercial vendors.
519	(d)  It is recommended that ongoing training and access to
520	professional development offerings be made available to
521	substitute teachers by the employing school district.
522	(2)  The Department of Education shall develop web-based
523	resources to enhance school district substitute teacher
524	orientation programs and provide web-based training resources to
525	meet the required training pursuant to paragraph (1)(b).
526	(3)  School districts shall develop performance appraisal
527	measures for assessing the quality of instruction delivered by
528	substitute teachers who provide instruction for 30 or more days
529	in a single classroom placement.
530	Section 8.  Subsection (1) of section 1012.39, Florida
531	Statutes, is amended to read:
532	1012.39  Employment of substitute teachers, teachers of
533	adult education, nondegreed teachers of career education, and
534	career specialists; students performing clinical field
535	experience.--
536	(1)  Notwithstanding ss. 1012.32, 1012.55, 1012.56, and
537	1012.57, or any other provision of law or rule to the contrary,
538	each district school board shall establish the minimal
539	qualifications for:
540	(a)  Substitute teachers to be employed pursuant to s.
541	1012.35. The qualifications shall require the filing of a
542	background screening complete set of fingerprints in the same
543	manner as required by s. 1012.32; documentation of a minimum
544	education level of a high school diploma or its equivalent as
545	described in s. 1003.429, s. 1003.43, or s. 1003.435; and
546	completion of an initial orientation/training program in school
547	district policies and procedures addressing school safety and
548	security procedures, educational liability laws, professional
549	responsibilities, and ethics.
550	(b)  Part-time and full-time teachers in adult education
551	programs. The qualifications shall require the filing of a
552	background screening complete set of fingerprints in the same
553	manner as required by s. 1012.32. Faculty employed solely to
554	conduct postsecondary instruction may be exempted from this
555	requirement.
556	(c)  Part-time and full-time nondegreed teachers of career
557	and technical programs. Qualifications shall be established for
558	agriculture, business, health occupations, family and consumer
559	sciences, industrial, marketing, career specialist, and public
560	service education teachers, based primarily on successful
561	occupational experience rather than academic training. The
562	qualifications for such teachers shall require:
563	1.  The filing of a background screening complete set of
564	fingerprints in the same manner as required by s. 1012.32.
565	Faculty employed solely to conduct postsecondary instruction may
566	be exempted from this requirement.
567	2.  Documentation of education and successful occupational
568	experience including documentation of:
569	a.  A high school diploma or the equivalent.
570	b.  Completion of 6 years of full-time successful
571	occupational experience or the equivalent of part-time
572	experience in the teaching specialization area. Alternate means
573	of determining successful occupational experience may be
574	established by the district school board.
575	c.  Completion of career education training conducted
576	through the local school district inservice master plan.
577	d.  For full-time teachers, completion of professional
578	education training in teaching methods, course construction,
579	lesson planning and evaluation, and teaching special needs
580	students. This training may be completed through coursework from
581	an accredited or approved institution or an approved district
582	teacher education program.
583	e.  Demonstration of successful teaching performance.
584	Section 9.  Section 1012.465, Florida Statutes, is created
585	to read:
586	1012.465  Background screening requirements for certain
587	noninstructional school district employees and contractors.--
588	(1)  Noninstructional school district employees or
589	contractual personnel who have direct contact with students or
590	have access to or control of school funds must meet level 2
591	screening requirements as described in s. 435.04.
592	(2)  Every 5 years following employment or entry into a
593	contract in a capacity described in subsection (1), each person
594	who is so employed or under contract with the school district
595	must meet level 2 screening requirements as described in s.
596	435.04, at which time the school district shall request the
597	Department of Law Enforcement to forward the fingerprints to the
598	Federal Bureau of Investigation for the level 2 screening. If,
599	for any reason following employment or entry into a contract in
600	a capacity described in subsection (1), the fingerprints of a
601	person who is so employed or under contract with the school
602	district are not retained by the Department of Law Enforcement
603	under s. 1012.32(3)(a) and (b), the person must file a complete
604	set of fingerprints with the district school superintendent of
605	the employing or contracting school district. Upon submission of
606	fingerprints for this purpose, the school district shall request
607	the Department of Law Enforcement to forward the fingerprints to
608	the Federal Bureau of Investigation for the level 2 screening,
609	and the fingerprints shall be retained by the Department of Law
610	Enforcement under s. 1012.32(3)(a) and (b). The cost of the
611	state and federal criminal history check required by level 2
612	screening may be borne by the district school board, the
613	contractor, or the person fingerprinted. Under penalty of
614	perjury, each person who is employed or under contract in a
615	capacity described in subsection (1) must agree to inform his or
616	her employer or the party with whom he or she is under contract
617	within 48 hours if convicted of any disqualifying offense while
618	he or she is employed or under contract in that capacity.
619	(3)  If it is found that a person who is employed or under
620	contract in a capacity described in subsection (1) does not meet
621	the level 2 requirements, the person shall be immediately
622	suspended from working in that capacity and shall remain
623	suspended until final resolution of any appeals.
624	Section 10.  Subsections (1) and (4) of section 1012.55,
625	Florida Statutes, are amended to read:
626	1012.55  Positions for which certificates required.--
627	(1)  The State Board of Education shall classify school
628	services, designate the certification subject areas, establish
629	competencies, including the use of technology to enhance student
630	learning, and certification requirements for all school-based
631	personnel, and adopt rules in accordance with which the
632	professional, temporary, and part-time certificates shall be
633	issued by the Department of Education to applicants who meet the
634	standards prescribed by such rules for their class of service.
635	Each person employed or occupying a position as school
636	supervisor, school principal, teacher, library media specialist,
637	school counselor, athletic coach, or other position in which the
638	employee serves in an instructional capacity, in any public
639	school of any district of this state shall hold the certificate
640	required by law and by rules of the State Board of Education in
641	fulfilling the requirements of the law for the type of service
642	rendered. The Department of Education shall identify appropriate
643	educator certification for the instruction of specified courses
644	in an annual publication of a directory of course code numbers
645	for all programs and courses that are funded through the Florida
646	Education Finance Program. However, the state board shall adopt
647	rules authorizing district school boards to employ selected
648	noncertificated personnel to provide instructional services in
649	the individuals' fields of specialty or to assist instructional
650	staff members as education paraprofessionals.
651	(4)  A commissioned or noncommissioned military officer who
652	is an instructor of junior reserve officer training shall be
653	exempt from requirements for teacher certification, except for
654	the background screening filing of fingerprints pursuant to s.
655	1012.32, if he or she meets the following qualifications:
656	(a)  Is retired from active military duty, pursuant to
657	chapter 102 of Title 10, U.S.C.
658	(b)  Satisfies criteria established by the appropriate
659	military service for certification by the service as a junior
660	reserve officer training instructor.
661	(c)  Has an exemplary military record.
662
663	If such instructor is assigned instructional duties other than
664	junior reserve officer training, he or she shall hold the
665	certificate required by law and rules of the state board for the
666	type of service rendered.
667	Section 11.  Subsection (1), paragraphs (b) and (d) of
668	subsection (2), and subsections (3), (4), and (5) of section
669	1012.56, Florida Statutes, are amended, subsections (9) through
670	(15) are renumbered as subsections (10) through (16),
671	respectively, and a new subsection (9) is added to said section,
672	to read:
673	1012.56  Educator certification requirements.--
674	(1)  APPLICATION.--Each person seeking certification
675	pursuant to this chapter shall submit a completed application
676	containing the applicant's social security number to the
677	Department of Education and remit the fee required pursuant to
678	s. 1012.59 and rules of the State Board of Education. Pursuant
679	to the federal Personal Responsibility and Work Opportunity
680	Reconciliation Act of 1996, each party is required to provide
681	his or her social security number in accordance with this
682	section. Disclosure of social security numbers obtained through
683	this requirement is limited to the purpose of administration of
684	the Title IV-D program of the Social Security Act for child
685	support enforcement. Pursuant to s. 120.60, the department shall
686	issue within 90 calendar days after the stamped receipted date
687	of the completed application:
688	(a)  If the applicant meets the requirements, a
689	professional certificate covering the classification, level, and
690	area for which the applicant is deemed qualified and a document
691	explaining the requirements for renewal of the professional
692	certificate; or
693	(b)  If the applicant meets the requirements and if
694	requested by an employing school district or an employing
695	private school with a professional education competence
696	demonstration program pursuant to paragraphs (5)(f) and (7)(b),
697	a temporary certificate covering the classification, level, and
698	area for which the applicant is deemed qualified and an official
699	statement of status of eligibility; or
700	(c)(b)  If an applicant does not meet the requirements for
701	either certificate, an official statement of status of
702	eligibility.
703
704	The statement of status of eligibility must advise the applicant
705	of any qualifications that must be completed to qualify for
706	certification. Each statement of status of eligibility is valid
707	for 3 years after its date of issuance, except as provided in
708	paragraph (2)(d).
709	(2)  ELIGIBILITY CRITERIA.--To be eligible to seek
710	certification, a person must:
711	(b)  File an affidavit a written statement, under oath,
712	that the applicant subscribes to and will uphold the principles
713	incorporated in the Constitution of the United States and the
714	Constitution of the State of Florida and that the information
715	provided in the application is true, accurate, and complete. The
716	affidavit shall be by original signature or by electronic
717	authentication. The affidavit shall include substantially the
718	following warning:
719
720	WARNING: Giving false information in order to obtain or renew a
721	Florida educator's certificate is a criminal offense under
722	Florida law. Anyone giving false information on this affidavit
723	is subject to criminal prosecution as well as disciplinary
724	action by the Education Practices Commission.
725
726	(d)  Submit to background screening in accordance with
727	subsection (9) a fingerprint check from the Department of Law
728	Enforcement and the Federal Bureau of Investigation pursuant to
729	s. 1012.32. If the background screening indicates fingerprint
730	reports indicate a criminal history or if the applicant
731	acknowledges a criminal history, the applicant's records shall
732	be referred to the investigative section in the Department of
733	Education Bureau of Educator Standards for review and
734	determination of eligibility for certification. If the applicant
735	fails to provide the necessary documentation requested by the
736	department Bureau of Educator Standards within 90 days after the
737	date of the receipt of the certified mail request, the statement
738	of eligibility and pending application shall become invalid.
739	(3)  MASTERY OF GENERAL KNOWLEDGE.--Acceptable means of
740	demonstrating mastery of general knowledge are:
741	(a)  Achievement of passing scores on basic skills
742	examination required by state board rule;
743	(b)  Achievement of passing scores on the College Level
744	Academic Skills Test earned prior to July 1, 2002;
745	(c)  A valid professional standard teaching certificate
746	issued by another state;
747	(d)  A valid certificate issued by the National Board for
748	Professional Teaching Standards or a national educator
749	credentialing board approved by the State Board of Education; or
750	(e)  Documentation of two semesters of successful teaching
751	in a community college, state university, or private college or
752	university that awards an associate or higher degree and is an
753	accredited institution or an institution of higher education
754	identified by the Department of Education as having a quality
755	program.
756	(4)  MASTERY OF SUBJECT AREA KNOWLEDGE.--Acceptable means
757	of demonstrating mastery of subject area knowledge are:
758	(a)  Achievement of passing scores on subject area
759	examinations required by state board rule;
760	(b)  Completion of the subject area specialization
761	requirements specified in state board rule and verification of
762	the attainment of the essential subject matter competencies by
763	the district school superintendent of the employing school
764	district or chief administrative officer of the employing state-
765	supported or private school for a subject area for which a
766	subject area examination has not been developed and required by
767	state board rule;
768	(c)  Completion of the subject area specialization
769	requirements specified in state board rule for a subject
770	coverage requiring a master's or higher degree and achievement
771	of a passing score on the subject area examination specified in
772	state board rule;
773	(d)  A valid professional standard teaching certificate
774	issued by another state; or
775	(e)  A valid certificate issued by the National Board for
776	Professional Teaching Standards or a national educator
777	credentialing board approved by the State Board of Education.
778	(5)  MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
779	COMPETENCE.--Acceptable means of demonstrating mastery of
780	professional preparation and education competence are:
781	(a)  Completion of an approved teacher preparation program
782	at a postsecondary educational institution within this state and
783	achievement of a passing score on the professional education
784	competency examination required by state board rule;
785	(b)  Completion of a teacher preparation program at a
786	postsecondary educational institution outside Florida and
787	achievement of a passing score on the professional education
788	competency examination required by state board rule;
789	(c)  A valid professional standard teaching certificate
790	issued by another state;
791	(d)  A valid certificate issued by the National Board for
792	Professional Teaching Standards or a national educator
793	credentialing board approved by the State Board of Education;
794	(e)  Documentation of two semesters of successful teaching
795	in a community college, state university, or private college or
796	university that awards an associate or higher degree and is an
797	accredited institution or an institution of higher education
798	identified by the Department of Education as having a quality
799	program;
800	(f)  Completion of professional preparation courses as
801	specified in state board rule, successful completion of a
802	professional education competence demonstration program pursuant
803	to paragraph (7)(b), and achievement of a passing score on the
804	professional education competency examination required by state
805	board rule; or
806	(g)  Successful completion of a professional preparation
807	alternative certification and education competency program,
808	outlined in paragraph (7)(a); or
809	(h)  Successful completion of an alternative certification
810	program pursuant to s. 1004.85 and achievement of a passing
811	score on the professional education competency examination
812	required by state board rule.
813	(9)  BACKGROUND SCREENING REQUIRED, INITIALLY AND
814	PERIODICALLY.--
815	(a)  Each person who seeks certification under this chapter
816	must meet level 2 screening requirements as described in s.
817	435.04 unless a level 2 screening has been conducted by a
818	district school board or the Department of Education within 12
819	months before the date the person initially obtains
820	certification under this chapter, the results of which are
821	submitted to the district school board or to the Department of
822	Education.
823	(b)  A person may not receive a certificate under this
824	chapter until the level 2 screening has been completed and the
825	results have been submitted to the Department of Education or to
826	the district school superintendent of the school district that
827	employs the person. Every 5 years after obtaining initial
828	certification, each person who is required to be certified under
829	this chapter must meet level 2 screening requirements as
830	described in s. 435.04, at which time the school district shall
831	request the Department of Law Enforcement to forward the
832	fingerprints to the Federal Bureau of Investigation for the
833	level 2 screening. If, for any reason after obtaining initial
834	certification, the fingerprints of a person who is required to
835	be certified under this chapter are not retained by the
836	Department of Law Enforcement under s. 1012.32(3)(a) and (b),
837	the person must file a complete set of fingerprints with the
838	district school superintendent of the employing school district.
839	Upon submission of fingerprints for this purpose, the school
840	district shall request the Department of Law Enforcement to
841	forward the fingerprints to the Federal Bureau of Investigation
842	for the level 2 screening, and the fingerprints shall be
843	retained by the Department of Law Enforcement under s.
844	1012.32(3)(a) and (b). The cost of the state and federal
845	criminal history check required by level 2 screening may be
846	borne by the district school board or the employee. Under
847	penalty of perjury, each person who is certified under this
848	chapter must agree to inform his or her employer within 48 hours
849	if convicted of any disqualifying offense while he or she is
850	employed in a position for which such certification is required.
851	(c)  If it is found under s. 1012.796 that a person who is
852	employed in a position requiring certification under this
853	chapter does not meet the level 2 screening requirements, the
854	person's certification shall be immediately revoked or suspended
855	and he or she shall be immediately suspended from the position
856	requiring certification.
857	Section 12.  Section 1012.561, Florida Statutes, is created
858	to read:
859	1012.561  Address of record.--Each certified educator or
860	applicant for certification is responsible for maintaining his
861	or her current address with the Department of Education and for
862	notifying the department in writing of a change of address. By
863	January 1, 2005, each educator and applicant for certification
864	must have on file with the department a current mailing address.
865	Thereafter, a certified educator or applicant for certification
866	who is employed by a district school board shall notify his or
867	her employing school district in writing within 10 days after a
868	change of address. At a minimum, the employing district school
869	board shall notify the department quarterly of the addresses of
870	certified educators or applicants for certification in the
871	manner prescribed by the department. A certified educator or
872	applicant for certification not employed by a district school
873	board shall personally notify the department in writing within
874	30 days after a change of address. Electronic notification shall
875	be permitted by the department; however, it shall be the
876	responsibility of the certified educator or applicant for
877	certification to ascertain that the electronic notification was
878	received by the department.
879	Section 13.  Section 1012.57, Florida Statutes, is amended
880	to read:
881	1012.57  Certification of adjunct educators.--
882	(1)  Notwithstanding the provisions of ss. 1012.32,
883	1012.55, and 1012.56, or any other provision of law or rule to
884	the contrary, district school boards shall adopt rules to allow
885	for the issuance of an adjunct teaching certificate to any
886	applicant who fulfills the requirements of s. 1012.56(2)(a)-(f)
887	and (9) and who has expertise in the subject area to be taught.
888	An applicant shall be considered to have expertise in the
889	subject area to be taught if the applicant demonstrates
890	sufficient subject area mastery through passage of a subject
891	area test. The adjunct teaching certificate shall be used for
892	part-time teaching positions. The intent of this provision is to
893	allow school districts to tap the wealth of talent and expertise
894	represented in Florida's citizens who may wish to teach part-
895	time in a Florida public school by permitting school districts
896	to issue adjunct certificates to qualified applicants. Adjunct
897	certificateholders should be used as a strategy to reduce the
898	teacher shortage; thus, adjunct certificateholders should
899	supplement a school's instructional staff, not supplant it. Each
900	school principal shall assign an experienced peer mentor to
901	assist the adjunct teaching certificateholder during the
902	certificateholder's first year of teaching, and an adjunct
903	certificateholder may participate in a district's new teacher
904	training program. District school boards shall provide the
905	adjunct teaching certificateholder an orientation in classroom
906	management prior to assigning the certificateholder to a school.
907	Each adjunct teaching certificate is valid for 5 school years
908	and is renewable if the applicant has received satisfactory
909	performance evaluations during each year of teaching under
910	adjunct teaching certification.
911	(2)  Individuals who are certified and employed under
912	pursuant to this section shall have the same rights and
913	protection of laws as teachers certified under pursuant to s.
914	1012.56.
915	Section 14.  Paragraph (b) of subsection (2) and paragraphs
916	(a) and (d) of subsection (3) of section 1012.585, Florida
917	Statutes, are amended to read:
918	1012.585  Process for renewal of professional
919	certificates.--
920	(2)
921	(b)  A teacher with national certification from the
922	National Board for Professional Teaching Standards or a national
923	educator credentialing board approved by the State Board of
924	Education is deemed to meet state renewal requirements for the
925	life of the teacher's national certificate in the subject shown
926	on the national certificate. A complete renewal application and
927	fee shall be submitted. The Commissioner of Education shall
928	notify teachers of the renewal application and fee requirements.
929	(3)  For the renewal of a professional certificate, the
930	following requirements must be met:
931	(a)  The applicant must earn a minimum of 6 college credits
932	or 120 inservice points or a combination thereof. For each area
933	of specialization to be retained on a certificate, the applicant
934	must earn at least 3 of the required credit hours or equivalent
935	inservice points in the specialization area. Education in
936	"clinical educator" training pursuant to s. 1004.04(6)(b) and
937	credits or points that provide training in the area of
938	scientifically researched, knowledge-based reading literacy and
939	computational skills acquisition, exceptional student education,
940	normal child development, and the disorders of development may
941	be applied toward any specialization area. Credits or points
942	that provide training in the areas of drug abuse, child abuse
943	and neglect, strategies in teaching students having limited
944	proficiency in English, or dropout prevention, or training in
945	areas identified in the educational goals and performance
946	standards adopted pursuant to ss. 1000.03(5) and 1001.23 may be
947	applied toward any specialization area. Credits or points earned
948	through approved summer institutes may be applied toward the
949	fulfillment of these requirements. Inservice points may also be
950	earned by participation in professional growth components
951	approved by the State Board of Education and specified pursuant
952	to s. 1012.98 in the district's approved master plan for
953	inservice educational training, including, but not limited to,
954	serving as a trainer in an approved teacher training activity,
955	serving as a reading coach, serving on an instructional
956	materials committee or a state board or commission that deals
957	with educational issues, or serving on an advisory council
958	created pursuant to s. 1001.452.
959	(d)  The State Board of Education shall adopt rules for the
960	expanded use of training for renewal of the professional
961	certificate for educators who are required to complete training
962	in teaching students of limited English proficiency and training
963	in the teaching of reading as follows:
964	1.  A teacher who holds a professional certificate may use
965	college credits or inservice points completed in English-for-
966	Speakers-of-Other-Languages training and training in the
967	teaching of reading in excess of 6 semester hours during one
968	certificate-validity period toward renewal of the professional
969	certificate during the subsequent validity periods.
970	2.  A teacher who holds a temporary certificate may use
971	college credits or inservice points completed in English-for-
972	Speakers-of-Other-Languages training and training in the
973	teaching of reading toward renewal of the teacher's first
974	professional certificate. Such training must not have been
975	included within the degree program, and the teacher's temporary
976	and professional certificates must be issued for consecutive
977	school years.
978	Section 15.  Paragraph (g) of subsection (12) of section
979	1002.33, Florida Statutes, is amended to read:
980	1002.33  Charter schools.--
981	(12)  EMPLOYEES OF CHARTER SCHOOLS.--
982	(g)  A charter school shall employ or contract with
983	employees who have undergone background screening been
984	fingerprinted as provided in s. 1012.32. Members of the
985	governing board of the charter school shall also undergo
986	background screening be fingerprinted in a manner similar to
987	that provided in s. 1012.32.
988	Section 16.  This act shall take effect upon becoming a
989	law.

CODING: Words stricken are deletions; words underlined are additions.