Florida Senate - 2008 PROPOSED COMMITTEE SUBSTITUTE

Bill No. SB 1914

758998

581-05397B-08

Proposed Committee Substitute by the Committee on Education Pre-K

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A bill to be entitled

An act relating to education; amending s. 1000.21, F.S.;

providing definitions; amending s. 1003.41, F.S.;

requiring that the State Board of Education replace the

Sunshine State Standards with the Sunshine State Standards

2.0; providing for application of the Sunshine State

Standards pending adoption of the Sunshine State Standards

2.0; providing requirements concerning the content and

organization of the Sunshine State Standards 2.0;

requiring that the Sunshine State Standards 2.0 establish

core curricular content in specified areas for certain

grades or strands; requiring that the state board

establish schedules for the adoption and revision of the

Sunshine State Standards 2.0; requiring that the state

board adopt the Sunshine State Standards 2.0 by a

specified date; requiring the Commissioner of Education to

provide proposed Sunshine State Standards 2.0 or proposed

revisions of such standards to the state board; providing

requirements concerning the commissioner's development of

the proposed standards or revisions; requiring

consultation with certain experts; requiring distribution

of a proposal developed by the commissioner for review and

comment by certain experts; requiring a written evaluation

of the proposal developed by the commissioner by a

research institution meeting specified criteria; requiring

provision of the commissioner's proposed standards and the

written evaluation and comments to the Governor, the

President of the Senate, and the Speaker of the House of

Representatives; authorizing rulemaking by the State Board

of Education; amending s. 1008.22, F.S.; revising

provisions governing application of testing requirements

for high school graduation; providing requirements

concerning the Commissioner of Education's scoring of a

statewide assessment when such assessment is revised;

providing criteria concerning the testing and scores

required for a continuously enrolled student to earn a

standard high school diploma; authorizing the commissioner

to discontinue administration of an outdated assessment

under certain conditions; amending s. 1008.31, F.S.;

declaring the legislative intent that the K-20 education

system comply with the Individuals with Disabilities

Education Act; amending s. 1012.71, F.S.; revising

requirements for the use of program funds by classroom

teachers; providing for the disbursement of funds to

school districts; specifying the means for providing a

classroom teacher with his or her proportionate share of

program funds; providing that funds received are not

subject to collective bargaining; providing for

retroactive effect; providing requirements for accounting

of expenditures and reimbursement of funds under certain

conditions; amending s. 1013.12, F.S.; requiring that a

school cafeteria post certain information concerning its

sanitation certificate and inspection; providing effective

dates.

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

Section 1. Subsection (7) of section 1000.21, Florida

Statutes, is amended to read:

1000.21 Systemwide definitions.--As used in the Florida K-

20 Education Code:

(7) "Sunshine State Standards" or "Sunshine State Standards

2.0" means the state's public K-12 curricular are standards

established under s. 1003.41. The term includes the Sunshine

State Standards that are in place for a subject until the

standards for that subject are replaced under s. 1003.41 by the

Sunshine State Standards 2.0. that identify what public school

students should know and be able to do. These standards delineate

the academic achievement of students for which the state will

hold its public schools accountable in grades K-2, 3-5, 6-8, and

9-12, in the subjects of language arts, mathematics, science,

social studies, the arts, health and physical education, foreign

languages, reading, writing, history, government, geography,

economics, and computer literacy.

Section 2. Section 1003.41, Florida Statutes, is amended to

read:

1003.41 Sunshine State Standards.--

(1) Until the Sunshine State Standards 2.0 are adopted,

public K-12 educational instruction in Florida is based on the

"Sunshine State Standards previously." These standards have been

adopted by the State Board of Education and delineate the

academic achievement of students, for which the state will hold

schools accountable, in grades K-2, 3-5, 6-8, and 9-12 in the

subjects of language arts, mathematics, science, social studies,

the arts, health and physical education, and foreign languages.

They include standards in reading, writing, history, government,

geography, economics, and computer literacy. After adoption of

the Sunshine State Standards 2.0, such instruction shall be based

on the Sunshine State Standards 2.0 as revised by the State Board

of Education.

(2) The State Board of Education shall review and replace

the Sunshine State Standards with the Sunshine State Standards

2.0 that establish the core content of the curricula to be taught

in this state and that specify the core curricular content and

the knowledge and skills that K-12 public school students are

expected to learn. The Sunshine State Standards 2.0 must, at a

minimum:

(a) Establish the core curricular content for language

arts, science, mathematics, and social studies. Standards for

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these subjects must identify specific curricular content and the

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knowledge and skills that a student is expected to have learned

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by each individual grade level from kindergarten through grade 8.

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The standards for grades 9 through 12 may be organized by grade

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clusters of more than one grade level or strands within the

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content area.

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1. Language arts standards shall establish core curricular

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content for, at a minimum, the reading process, literary

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analysis, the writing process, writing applications,

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communication, and information and media literacy.

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2. Science standards shall establish core curricular

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content for, at a minimum, nature of science, earth and space

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science, physical science, and life science.

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3. Mathematics standards shall establish core curricular

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content for, at a minimum, algebra, calculus, discrete

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mathematics, financial literacy, geometry, probability,

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statistics, and trigonometry.

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4. Social studies standards shall establish core curricular

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content for, at a minimum, civics and government, United States

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history, world history, economics, humanities, and geography.

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(b) Establish the core curricular content for visual and

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performing arts, physical education, health, and world languages.

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Standards for these subjects must identify specific curricular

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content and the knowledge and skills that a student is expected

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to have learned by each individual grade level from kindergarten

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through grade 8. The standards for grades 9 through 12 may be

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organized by grade clusters of more than one grade level or

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strands within the content area.

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expected to learn, for each subject at each individual grade

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level, in order to acquire the broad background knowledge needed

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for reading comprehension.

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(d) Be rigorous, relevant, and provide for the logical,

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sequential progression of core curricular content that

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incrementally increases a student's core content knowledge and

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skills over time.

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(e) Use interdisciplinary methods to integrate critical

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thinking and problem-solving skills; communication, reading, and

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writing skills; mathematics skills; collaboration skills;

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contextual and applied-learning skills; technology-literacy

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skills; information-literacy and media-literacy skills; and

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civic-engagement skills. Such integration must occur within and

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between the subjects listed in paragraphs (a) and (b).

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(f) Be organized according to a uniform structure and

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format that is consistent for each subject.

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(g) Be aligned to expectations for success in postsecondary

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education and high-skill, high-wage employment.

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(3) By December 31, 2008, the State Board of Education

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shall establish an expedited schedule for adoption of the

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Sunshine State Standards 2.0 and shall establish by rule a

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schedule for the periodic review and revision of the standards.

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The state board shall adopt the new standards for each subject by

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December 31, 2011.

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(4)(a) The Commissioner of Education shall submit to the

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State Board of Education proposed Sunshine State Standards 2.0,

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and periodically submit proposed revisions to the standards, for

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adoption by the state board according to the schedules

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established under subsection (3). In developing the proposed

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standards, the commissioner shall consult with research

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institutions having expertise in K-20 curriculum and standards

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development in each subject listed in paragraphs (2)(a) and (b)

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and shall review and consider standards implemented by other

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states or nations which such experts regard as exceptionally

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rigorous. The commissioner shall require that the research

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experts involve curriculum specialists in a cross-section of

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subject areas in order to address the need for integrated and

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alternative curriculum, courses, and instruction.

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(b) The commissioner shall effectively communicate and

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distribute the proposed standards for review and comment by this

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state's educators, school administrators, representatives of

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community colleges and state universities who have expertise and

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knowledge of the content areas addressed by the standards and the

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skills necessary to prepare a student for postsecondary

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education, and leaders in current and emerging fields of business

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and industry. The commissioner, after considering any comments

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and making any revisions to the proposed standards, shall submit

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the standards for written evaluation by a research institution

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having expertise in the development of K-20 curriculum and

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standards and a proven record of working collaboratively with

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multiple national and international research institutions and

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organizations and with community and business shareholders.

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standards, shall submit the proposed standards and a copy of the

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comments and written evaluation required under paragraph (b) to

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the Governor, the President of the Senate, and the Speaker of the

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House of Representatives at least 21 days before the State Board

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of Education considers adoption of the proposed standards.

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(5) The State Board of Education may adopt rules under ss.

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120.536(1) and 120.54 to administer this section.

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Section 3. Subsection (8) of section 1008.22, Florida

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Statutes, is amended to read:

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1008.22 Student assessment program for public schools.--

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(8) APPLICABILITY OF TESTING STANDARDS.--

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(a) If the Commissioner of Education revises a statewide

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assessment and the revisions require the State Board of Education

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to modify the assessment's proficiency levels or modify the

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passing scores required for a standard high school diploma, until

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the state board adopts the modifications by rule the commissioner

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shall use calculations for scoring the assessment which adjust

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student scores on the revised assessment for statistical

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equivalence to student scores on the former assessment.

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(b) A student must attain meet the passing scores on the

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statewide assessment required testing requirements for a standard

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high school diploma which are graduation that were in effect at

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the time the student enters entered 9th grade 9, if provided the

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student's enrollment is was continuous.

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the revisions require the State Board of Education to modify the

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passing scores required for a standard high school diploma, the

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commissioner may, with approval of the state board, discontinue

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administration of the former assessment upon the graduation,

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based on normal student progression, of students participating in

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the final regular administration of the former assessment. The

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state board shall adopt by rule passing scores for the revised

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assessment which are statistically equivalent to passing scores

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on the discontinued assessment for a student required under

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paragraph (b) to attain passing scores on the discontinued

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assessment.

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Section 4. Paragraph (c) of subsection (1) of section

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1008.31, Florida Statutes, is amended to read:

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1008.31 Florida's K-20 education performance accountability

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system; legislative intent; mission, goals, and systemwide

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measures; data quality improvements.--

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(1) LEGISLATIVE INTENT.--It is the intent of the

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Legislature that:

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comply with the accountability requirements of the "No Child Left

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Behind Act of 2001," Pub. L. No. 107-110, and the Individuals

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with Disabilities Education Act (IDEA).

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Section 5. Effective upon this act becoming a law, section

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1012.71, Florida Statutes, is amended to read:

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(Substantial rewording of section. See

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s. 1012.71, F.S., for present text.)

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1012.71 The Florida Teachers Lead Program.--

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(1) For purposes of the Florida Teachers Lead Program, the

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term "classroom teacher" means a certified teacher employed by a

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public school district or a public charter school in that

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district on or before September 1 of each year whose full-time or

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job-share responsibility is the classroom instruction of students

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in prekindergarten through grade 12, including full-time media

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specialists and guidance counselors serving students in

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prekindergarten through grade 12, who are funded through the

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Florida Education Finance Program. A "job-share classroom

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teacher" is one of two teachers whose combined full-time

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equivalent employment for the same teaching assignment equals one

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full-time classroom teacher.

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(2) The Legislature, in the General Appropriations Act,

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shall determine funding for the Florida Teachers Lead Program.

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The funds appropriated are for classroom teachers to purchase, on

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behalf of the school district or charter school, classroom

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materials and supplies for the public school students assigned to

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them and may not be used to purchase equipment. The funds

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appropriated shall be used to supplement the materials and

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supplies otherwise available to classroom teachers. From the

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funds appropriated for the Florida Teachers Lead Program, the

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Commissioner of Education shall calculate an amount for each

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school district based upon each school district's proportionate

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share of the state's total unweighted FTE student enrollment and

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shall disburse the funds to the school districts by July 15.

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(3) From the funds allocated to each school district for

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the Florida Teachers Lead Program, the district school board

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shall calculate an identical amount for each classroom teacher,

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which is that teacher's proportionate share of the total amount

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allocated to the district. A job-share classroom teacher may

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receive a prorated share of the amount provided to a full-time

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classroom teacher. The district school board and each charter

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school board shall provide each classroom teacher with his or her

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total proportionate share by September 30 of each year by any

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means determined appropriate by the district school board or

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charter school board, including, but not limited to, direct

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deposit, check, debit card, or purchasing card, notwithstanding

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any law to the contrary. Expenditures under the program are not

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subject to state or local competitive bidding requirements. Funds

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received by a classroom teacher do not affect wages, hours, or

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terms and conditions of employment and, therefore, are not

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subject to collective bargaining. Any classroom teacher may

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decline receipt of or return the funds without explanation or

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cause. This subsection applies retroactively to July 1, 2007.

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(4) Each classroom teacher must sign a statement

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acknowledging receipt of the funds, keep receipts for no less

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than 4 years to show that funds expended meet the requirements of

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this section, and return any unused funds to the district school

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board at the end of the regular school year. Any unused funds

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that are returned to the district school board shall be deposited

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into the school advisory council account of the school at which

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the classroom teacher returning the funds was employed when that

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teacher received the funds or shall be deposited into the Florida

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Teachers Lead Program account of the school district in which a

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charter school is sponsored, as applicable.

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(5) The statement must be signed and dated by each

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classroom teacher before receipt of the Florida Teachers Lead

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Program funds and shall include the wording: "I, (name of

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teacher) , am employed by the County District School Board

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or by the Charter School as a full-time classroom teacher. I

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acknowledge that Florida Teachers Lead Program funds are

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appropriated by the Legislature for the sole purpose of

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purchasing classroom materials and supplies to be used in the

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instruction of students assigned to me. In accepting custody of

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these funds, I agree to keep the receipts for all expenditures

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for no less than 4 years. I understand that if I do not keep the

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receipts, it will be my personal responsibility to pay any

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federal taxes due on these funds. I also agree to return any

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unexpended funds to the district school board at the end of the

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regular school year for deposit into the school advisory council

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account of the school where I was employed at the time I received

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the funds or for deposit into the Florida Teachers Lead Program

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account of the school district in which the charter school is

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