HB 7039

1
A bill to be entitled
2An act relating to the Florida Teachers Lead Program;
3amending s. 1012.71, F.S.; revising requirements for use
4of program funds by classroom teachers; providing for
5disbursement of funds to school districts; specifying
6means for providing a classroom teacher with his or her
7proportionate share of program funds and providing that
8funds received are not subject to collective bargaining;
9providing for retroactive effect; providing requirements
10for accounting of expenditures; providing an effective
11date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Section 1012.71, Florida Statutes, is amended
16to read:
17(Substantial rewording of section. See
18s. 1012.71, F.S., for present text.)
19     1012.71  The Florida Teachers Lead Program.--
20     (1)  For purposes of the Florida Teachers Lead Program, the
21term "classroom teacher" means a certified teacher employed by a
22public school district or a public charter school in that
23district on or before September 1 of each year whose full-time
24or job-share responsibility is the classroom instruction of
25students in prekindergarten through grade 12, including full-
26time media specialists and guidance counselors serving students
27in prekindergarten through grade 12, who are funded through the
28Florida Education Finance Program. A "job-share" classroom
29teacher is one of two teachers whose combined full-time
30equivalent employment for the same teaching assignment equals
31one full-time classroom teacher.
32     (2)  The Legislature, in the General Appropriations Act,
33shall determine funding for the Florida Teachers Lead Program.
34The funds appropriated are for classroom teachers to purchase,
35on behalf of the school district or charter school, classroom
36materials and supplies for the public school students assigned
37to them and may not be used to purchase equipment. The funds
38appropriated shall be used to supplement the materials and
39supplies otherwise available to classroom teachers. From the
40funds appropriated for the Florida Teachers Lead Program, the
41Commissioner of Education shall calculate an amount for each
42school district based upon each school district's proportionate
43share of the state's total unweighted FTE student enrollment and
44shall disburse the funds to the school districts by July 15.
45     (3)  From the funds allocated to each school district for
46the Florida Teachers Lead Program, the district school board
47shall calculate an identical amount for each classroom teacher,
48which is that teacher's proportionate share of the total amount
49allocated to the district. A job-share classroom teacher may
50receive a prorated share of the amount provided to a full-time
51classroom teacher. The district school board and each charter
52school board shall provide each classroom teacher with his or
53her total proportionate share by September 30 of each year by
54any means determined appropriate by the district school board or
55charter school board, including, but not limited to, direct
56deposit, check, debit card, or purchasing card, notwithstanding
57any law to the contrary. Expenditures under the program are not
58subject to state or local competitive bidding requirements.
59Funds received by a classroom teacher do not affect wages,
60hours, or terms and conditions of employment and, therefore, are
61not subject to collective bargaining. Any classroom teacher may
62decline receipt of or return the funds without explanation or
63cause. This subsection shall apply retroactively to July 1,
642007.
65     (4)  Each classroom teacher must sign a statement
66acknowledging receipt of the funds, keep receipts for no less
67than 4 years to show that funds expended meet the requirements
68of this section, and return any unused funds to the district
69school board at the end of the regular school year. Any unused
70funds that are returned to the district school board shall be
71deposited into the school advisory council account of the school
72at which the classroom teacher returning the funds was employed
73when that teacher received the funds or deposited into the
74Florida Teachers Lead Program account of the school district in
75which a charter school is sponsored, as applicable.
76     (5)  The statement must be signed and dated by each
77classroom teacher before receipt of the Florida Teachers Lead
78Program funds and shall include the wording: "I,    (name of
79teacher)    , am employed by the     County District School
80Board or by the     Charter School as a full-time classroom
81teacher. I acknowledge that Florida Teachers Lead Program funds
82are appropriated by the Legislature for the sole purpose of
83purchasing classroom materials and supplies to be used in the
84instruction of students assigned to me. In accepting custody of
85these funds, I agree to keep the receipts for all expenditures
86for no less than 4 years. I understand that if I do not keep the
87receipts, it will be my personal responsibility to pay any
88federal taxes due on these funds. I also agree to return any
89unexpended funds to the district school board at the end of the
90regular school year for deposit into the school advisory council
91account of the school where I was employed at the time I
92received the funds or for deposit into the Florida Teachers Lead
93Program account of the school district in which the charter
94school is sponsored, as applicable."
95     Section 2.  This act shall take effect upon becoming a law.


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