Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. PCS (689974) for CS for SB 948
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/22/2015           .                                

       The Committee on Appropriations (Gaetz) recommended the
    1         Senate Amendment to Amendment (149946) (with title
    2  amendment)
    4         Delete lines 2908 - 3156
    5  and insert:
    6         Section 48. Subsection (3) of section 1012.39, Florida
    7  Statutes, is amended to read:
    8         1012.39 Employment of substitute teachers, teachers of
    9  adult education, nondegreed teachers of career education, and
   10  career specialists; students performing clinical field
   11  experience.—
   12         (3) A student who is enrolled in a state-approved teacher
   13  preparation program in a postsecondary educational institution
   14  that is approved by rules of the State Board of Education and
   15  who is jointly assigned by the postsecondary educational
   16  institution and a district school board to perform a clinical
   17  field experience under the direction of a regularly employed and
   18  certified educator shall, while serving such supervised clinical
   19  field experience, be accorded the same protection of law as that
   20  accorded to the certified educator except for the right to
   21  bargain collectively as an employee of the district school
   22  board. The district school board providing the clinical field
   23  experience shall notify the student electronically or in writing
   24  of the availability of educator liability insurance under s.
   25  1012.75. A postsecondary educational institution or district
   26  school board may not require a student enrolled in a state
   27  approved teacher preparation program to purchase liability
   28  insurance as a condition of participation in any clinical field
   29  experience or related activity on the premises of an elementary
   30  or secondary school.
   31         Section 49. Subsections (4), (5), and (6) of section
   32  1012.71, Florida Statutes, are amended to read:
   33         1012.71 The Florida Teachers Classroom Supply Assistance
   34  Program.—
   35         (4) Each classroom teacher must provide the school district
   36  with receipts for the expenditure of the funds. If the classroom
   37  teacher is provided funds in advance of expenditure, the Each
   38  classroom teacher must sign a statement acknowledging receipt of
   39  the funds, provide keep receipts as requested by the school
   40  district for no less than 4 years to show that funds expended
   41  meet the requirements of this section, and return any unused
   42  funds to the district school board by at the end of the regular
   43  school year. Any unused funds that are returned to the district
   44  school board shall be deposited into the school advisory council
   45  account of the school at which the classroom teacher returning
   46  the funds was employed when that teacher received the funds or
   47  deposited into the Florida Teachers Classroom Supply Assistance
   48  Program account of the school district in which a charter school
   49  is sponsored, as applicable.
   50         (5) The statement must be signed and dated by each
   51  classroom teacher before receipt of the Florida Teachers
   52  Classroom Supply Assistance Program funds and shall include the
   53  wording: “I, ...(name of teacher)..., am employed by the
   54  ....County District School Board or by the ....Charter School as
   55  a full-time classroom teacher. I acknowledge that Florida
   56  Teachers Classroom Supply Assistance Program funds are
   57  appropriated by the Legislature for the sole purpose of
   58  purchasing classroom materials and supplies to be used in the
   59  instruction of students assigned to me. In accepting custody of
   60  these funds, I agree to keep the receipts for all expenditures
   61  for no less than 4 years. I understand that if I do not keep the
   62  receipts, it will be my personal responsibility to pay any
   63  federal taxes due on these funds. I also agree to return any
   64  unexpended funds to the district school board at the end of the
   65  regular school year for deposit into the school advisory council
   66  account of the school where I was employed at the time I
   67  received the funds or for deposit into the Florida Teachers
   68  Classroom Supply Assistance Program account of the school
   69  district in which the charter school is sponsored, as
   70  applicable.”
   71         (5)(6) The Department of Education and district school
   72  boards may, and are encouraged to, enter into public-private
   73  partnerships in order to increase the total amount of Florida
   74  Teachers Classroom Supply Assistance Programs funds available to
   75  classroom teachers.
   76         Section 50. Section 1012.731, Florida Statutes, is created
   77  to read:
   78         1012.731 The Florida Best and Brightest Teacher Scholarship
   79  Program.—
   80         (1) The Legislature recognizes that, second only to
   81  parents, teachers play the most critical role within schools in
   82  preparing students to achieve a high level of academic
   83  performance. The Legislature further recognizes that research
   84  has linked student outcomes to a teacher’s own academic
   85  achievement. Therefore, it is the intent of the Legislature to
   86  designate teachers who have achieved high academic standards
   87  during their own education as Florida’s best and brightest
   88  teacher scholars.
   89         (2) There is created the Florida Best and Brightest Teacher
   90  Scholarship Program to be administered by the Department of
   91  Education. Beginning in the 2015-2016 school year, the
   92  scholarship program shall provide categorical funding for
   93  scholarships to be awarded to teachers who have demonstrated a
   94  high level of academic achievement.
   95         (3)(a) To be eligible for a scholarship, a teacher:
   96         1. Must have scored at or above the 80th percentile on
   97  either the SAT or the ACT based upon the percentile ranks in
   98  effect when the teacher took the assessment and have been
   99  evaluated as highly effective pursuant to s. 1012.34; or
  100         2. If the teacher is a first-year teacher who has not been
  101  evaluated pursuant to s. 1012.34, must have scored at or above
  102  the 80th percentile on either the SAT or the ACT based upon the
  103  percentile ranks in effect when the teacher took the assessment.
  104         (b) In order to demonstrate eligibility for an award, an
  105  eligible teacher must submit to the school district, no later
  106  than October 1, an official record of his or her SAT or ACT
  107  score demonstrating that the teacher scored at or above the 80th
  108  percentile based upon the percentile ranks in effect when the
  109  teacher took the assessment. Once a teacher is deemed eligible
  110  by the school district, the teacher shall remain eligible as
  111  long as he or she is employed by the school district and
  112  maintains or, if the teacher is a first-year teacher, earns the
  113  evaluation designation of highly effective pursuant to s.
  114  1012.34.
  115         (4) Annually, by December 1, each school district shall
  116  submit to the department the number of eligible teachers who
  117  qualify for the scholarship.
  118         (5) Annually, by February 1, the department shall disburse
  119  scholarship funds, in an amount prescribed annually by the
  120  Legislature in the General Appropriations Act, to each school
  121  district for each eligible teacher to receive a scholarship. If
  122  the number of eligible teachers exceeds the total appropriation
  123  authorized in the General Appropriation Act, the department
  124  shall prorate the per teacher scholarship amount.
  125         (6) Annually, by April 1, each school district shall
  126  provide payment of the scholarship to each eligible teacher.
  127         (7) For purposes of this section, the term “school
  128  district” includes the Florida School for the Deaf and the Blind
  129  and charter school governing boards.
  130         Section 51. Section 1012.75, Florida Statutes, is amended
  131  to read:
  132         1012.75 Liability of teacher or principal; excessive
  133  force.—
  134         (1) Except in the case of excessive force or cruel and
  135  unusual punishment, a teacher or other member of the
  136  instructional staff, a principal or the principal’s designated
  137  representative, or a bus driver shall not be civilly or
  138  criminally liable for any action carried out in conformity with
  139  State Board of Education and district school board rules
  140  regarding the control, discipline, suspension, and expulsion of
  141  students, including, but not limited to, any exercise of
  142  authority under s. 1003.32 or s. 1006.09.
  143         (2) The State Board of Education shall adopt rules that
  144  outline administrative standards for the use of reasonable force
  145  by school personnel to maintain a safe and orderly learning
  146  environment. Such standards shall be distributed to each school
  147  in the state and shall provide guidance to school personnel in
  148  receiving the limitations on liability specified in this
  149  section.
  150         (3) Beginning with the 2015-2016 school year, the
  151  Department of Education shall administer an educator liability
  152  insurance program, as provided in the General Appropriation Act,
  153  to protect full-time instructional personnel from liability for
  154  monetary damages and the costs of defending actions resulting
  155  from claims made against the instructional personnel arising out
  156  of occurrences in the course of activities within the
  157  instructional personnel’s professional capacity. For purposes of
  158  this subsection, the terms “full-time,” “part-time,” and
  159  “administrative personnel” shall be defined by the individual
  160  district school board. For purposes of this subsection, the term
  161  “instructional personnel” has the same meaning as provided in s.
  162  1012.01(2).
  163         (a) Liability coverage of at least $2 million shall be
  164  provided to all full-time instructional personnel. Liability
  165  coverage may be provided to the following individuals who choose
  166  to participate in the program, at cost: part-time instructional
  167  personnel, administrative personnel, and students enrolled in a
  168  state-approved teacher preparation program pursuant to s.
  169  1012.39(3).
  170         (b) Annually, by August 1, each district school board shall
  171  notify personnel specified in paragraph (a) of the liability
  172  coverage provided pursuant to this subsection. The department
  173  shall develop the form of the notice which each district school
  174  board must use. The notice must be on an 8 1/2-inch by 5 1/2
  175  inch postcard and include the amount of coverage, a general
  176  description of the nature of the coverage, and the contact
  177  information for coverage and claims questions. The notification
  178  must be provided separately from any other correspondence. Each
  179  district school board shall certify to the department, by August
  180  5 of each year, that the notification required by this paragraph
  181  has been provided.
  182         (c) The department shall consult with the Department of
  183  Financial Services to select the most economically prudent and
  184  cost-effective means of implementing the program through self
  185  insurance, a risk management program, or competitive
  186  procurement. s. 1001.92
  187         Section 52. Section 1001.92, Florida Statutes, is created
  188  to read:
  189         1001.92 State University System Performance-Based
  190  Incentive.—
  191         (1)The State University System Performance-Based Incentive
  192  must be based on indicators of institutional attainment of
  193  performance metrics adopted by the Board of Governors. The
  194  performance-based funding metrics must include metrics that
  195  measure graduation and retention rates; degree production;
  196  affordability; postgraduation employment, salaries, or further
  197  education; student loan default rates; access; and any other
  198  metrics approved by the board.
  199         (2)The Board of Governors shall evaluate the institutions’
  200  performance on the metrics based on benchmarks adopted by the
  201  board which measure the achievement of institutional excellence
  202  or improvement. The amount of funds available for allocation to
  203  the institutions each fiscal year based on the performance
  204  funding model is composed of the state investment in performance
  205  funding, plus an institutional investment consisting of funds to
  206  be redistributed from the base funding of the State University
  207  System, as determined in the General Appropriations Act. The
  208  state investment shall be distributed in accordance with the
  209  performance funding model. The institutional investment shall be
  210  restored for all institutions that meet the board’s minimum
  211  performance threshold under the performance funding model. An
  212  institution that is one of the bottom three institutions is not
  213  eligible for the state investment. An institution that fails to
  214  meet the board’s minimum performance funding threshold is not
  215  eligible for the state investment, shall have a portion of its
  216  institutional investment withheld, and shall submit an
  217  improvement plan to the board which specifies the activities and
  218  strategies for improving the institution’s performance. The
  219  board shall review the improvement plan, and if approved,
  220  monitor the institution’s progress in implementing the
  221  activities and strategies specified in the improvement plan. The
  222  Chancellor of the State University System shall withhold
  223  disbursement of the institutional investment until such time as
  224  the monitoring report for the institution is approved by the
  225  board. Any institution that fails to make satisfactory progress
  226  may not have its full institutional investment restored. If all
  227  funds are not restored, any remaining funds shall be
  228  redistributed to the top three scorers in accordance with the
  229  board’s performance funding model. The ability of an institution
  230  to submit an improvement plan to the board is limited to 1
  231  fiscal year. If an institution subject to an improvement plan
  232  fails to meet the board’s minimum performance funding threshold
  233  during any future fiscal year, the institution’s institutional
  234  investment will be withheld by the board and redistributed to
  235  the top three scorers in accordance with the board’s performance
  236  funding model.
  237         (3)By October 1 of each year, the Board of Governors shall
  238  submit to the Governor, the President of the Senate, and the
  239  Speaker of the House of Representatives a report on the previous
  240  year’s performance funding allocation which reflects the
  241  rankings and award distributions.
  242         (4)The Board of Governors shall adopt a regulation to
  243  implement this section.
  244         Section 53. Section 1001.815, Florida Statutes, is created
  245  to read:
  246         1001.815 Florida College System Performance Based
  247  Incentive.—
  248         (1)The Florida College System Performance-
  250  ================= T I T L E  A M E N D M E N T ================
  251  And the title is amended as follows:
  252         Delete lines 3624 - 3644
  253  and insert:
  254         amending s. 1012.34, F.S.; requiring that classroom
  255         teacher performance evaluations be based upon the
  256         performance of students with fewer than a specified
  257         number of absences; amending s. 1012.39, F.S.;
  258         providing requirements regarding liability insurance
  259         for students performing clinical field experience;
  260         amending s. 1012.71, F.S.; requiring a classroom
  261         teacher to provide the school district with receipts
  262         for the expenditure of certain funds; creating s.
  263         1012.731, F.S.; providing legislative intent;
  264         establishing the Florida Best and Brightest Teacher
  265         Scholarship Program; providing eligibility criteria;
  266         requiring a school district to annually submit the
  267         number of eligible teachers to the department;
  268         providing for funding and the disbursement of funds;
  269         defining the term “school district” for purposes of
  270         the act; amending s. 1012.75, F.S.; requiring the
  271         department to administer an educator liability
  272         insurance program; defining terms; specifying program
  273         administration and eligibility requirements; creating
  274         ss. 1001.92 and 1001.815, F.S.; requiring the Board of
  275         Governors and the