Florida Senate - 2023                                     SB 244
       By Senator Calatayud
       38-01464B-23                                           2023244__
    1                        A bill to be entitled                      
    2         An act relating to K-12 teachers; amending s. 1001.20,
    3         F.S.; authorizing the Office of Inspector General
    4         within the Department of Education to investigate
    5         allegations and reports of suspected violations of
    6         certain persons’ rights; amending s. 1009.26, F.S.;
    7         revising the courses eligible for a fee waiver;
    8         creating s. 1009.31, F.S.; establishing the Dual
    9         Enrollment Educator Scholarship Program; providing
   10         requirements for the department and the Board of
   11         Governors in administering the program; providing
   12         eligibility criteria for applicants; requiring
   13         scholarship recipients to agree to specified
   14         conditions; providing what the scholarship funds must
   15         cover; providing that funding for the program is
   16         contingent upon appropriation; requiring the State
   17         Board of Education to adopt rules; creating s.
   18         1012.555, F.S.; establishing the Teacher
   19         Apprenticeship Program; providing eligibility
   20         requirements for apprentice teachers; providing
   21         requirements for mentor teachers; providing that a
   22         mentor teacher may receive a bonus under specified
   23         conditions; providing that an apprenticeship classroom
   24         may exceed class size requirements up to a specified
   25         limit; authorizing the state board to adopt rules;
   26         amending s. 1012.56, F.S.; providing an additional
   27         means of demonstrating mastery of subject area
   28         knowledge; requiring the department to issue a
   29         temporary apprenticeship certificate under certain
   30         conditions; amending s. 1012.59, F.S.; waiving
   31         specified certification requirements for retired first
   32         responders; creating s. 1012.715, F.S.; establishing
   33         the Heroes in the Classroom Bonus Program; providing
   34         that a retired military veteran or first responder who
   35         becomes a full-time classroom teacher may receive a
   36         one-time bonus, subject to legislative appropriation;
   37         defining the terms “retired first responder” and
   38         “veteran”; providing eligibility requirements for the
   39         bonus; providing responsibilities for the department;
   40         providing responsibilities for the school district;
   41         authorizing the state board to adopt rules; creating
   42         ch. 1015, F.S., to be entitled “Teachers’ Bill of
   43         Rights”; creating s. 1015.01, F.S.; providing a short
   44         title; creating s. 1015.02, F.S.; providing
   45         legislative findings; creating s. 1015.03, F.S.;
   46         providing that the right of certain employees to work
   47         may not be denied or abridged by specified actions;
   48         providing civil and criminal immunity for teachers
   49         under certain circumstances; providing that teachers
   50         have access to certain liability coverage under
   51         certain circumstances; providing that teachers may
   52         receive reimbursement of certain expenses under
   53         certain circumstances; providing that certain persons
   54         have the right to be free from discrimination and may
   55         bring actions for specified relief, fees, and costs;
   56         providing that teachers must be provided multiple
   57         pathways to earn an educator certificate; creating s.
   58         1015.04, F.S.; providing that teachers are guaranteed
   59         a coordinated system of professional development;
   60         providing that certain teachers may receive specified
   61         tuition and fee waivers; creating s. 1015.05, F.S.;
   62         authorizing teachers to control and discipline
   63         students in their classrooms and certain other places
   64         and to take specified actions; creating a rebuttable
   65         presumption for teachers under certain circumstances;
   66         creating s. 1015.06, F.S.; providing that teachers
   67         have the right to direct their classroom instruction;
   68         authorizing teachers to bring actions against school
   69         districts and request the appointment of a special
   70         magistrate under certain circumstances; providing
   71         requirements and responsibilities for such
   72         magistrates; providing requirements for the state
   73         board; providing that teachers have the right to
   74         receive certain data in a timely manner; providing an
   75         effective date.
   77  Be It Enacted by the Legislature of the State of Florida:
   79         Section 1. Paragraph (e) of subsection (4) of section
   80  1001.20, Florida Statutes, is amended to read:
   81         1001.20 Department under direction of state board.—
   82         (4) The Department of Education shall establish the
   83  following offices within the Office of the Commissioner of
   84  Education which shall coordinate their activities with all other
   85  divisions and offices:
   86         (e) Office of Inspector General.—Organized using existing
   87  resources and funds and responsible for promoting
   88  accountability, efficiency, and effectiveness and detecting
   89  fraud and abuse within school districts, the Florida School for
   90  the Deaf and the Blind, and Florida College System institutions
   91  in Florida. If the Commissioner of Education determines that a
   92  district school board, the Board of Trustees for the Florida
   93  School for the Deaf and the Blind, or a Florida College System
   94  institution board of trustees is unwilling or unable to address
   95  substantiated allegations made by any person relating to waste,
   96  fraud, or financial mismanagement within the school district,
   97  the Florida School for the Deaf and the Blind, or the Florida
   98  College System institution, the office must shall conduct,
   99  coordinate, or request investigations into such substantiated
  100  allegations. The office shall investigate allegations or reports
  101  of possible fraud or abuse against a district school board made
  102  by any member of the Cabinet; the presiding officer of either
  103  house of the Legislature; a chair of a substantive or
  104  appropriations committee with jurisdiction; or a member of the
  105  board for which an investigation is sought. The office may
  106  investigate allegations or reports of suspected violations of a
  107  student’s, parent’s, or teacher’s rights. The office shall have
  108  access to all information and personnel necessary to perform its
  109  duties and shall have all of its current powers, duties, and
  110  responsibilities authorized in s. 20.055.
  111         Section 2. Subsection (18) of section 1009.26, Florida
  112  Statutes, is amended to read:
  113         1009.26 Fee waivers.—
  114         (18)(a) For every course in a Program of Strategic
  115  Emphasis, as identified in subparagraph 3., or a state-approved
  116  teacher preparation program in which a student is enrolled, a
  117  state university shall waive 100 percent of the tuition and fees
  118  for an equivalent course in such program for a student who:
  119         1. Is a resident for tuition purposes under s. 1009.21.
  120         2. Has earned at least 60 semester credit hours towards a
  121  baccalaureate degree within 2 academic years after initial
  122  enrollment at a Florida public postsecondary institution.
  123         3. Enrolls in one of 10 Programs of Strategic Emphasis as
  124  adopted by the Board of Governors or a state-approved teacher
  125  preparation program. The Board of Governors shall adopt eight
  126  Programs of Strategic Emphasis in science, technology,
  127  engineering, or math and, beginning with the 2022-2023 academic
  128  year, two Programs of Strategic Emphasis in the critical
  129  workforce gap analysis category for which a student may be
  130  eligible to receive the tuition and fee waiver authorized by
  131  this subsection. The programs identified by the board must
  132  reflect the priorities of the state and be offered at a majority
  133  of state universities.
  134         (b) A waiver granted under this subsection is applicable
  135  only for upper-level courses and up to 110 percent of the number
  136  of required credit hours of the baccalaureate degree program for
  137  which the student is enrolled.
  138         (c) Upon enrollment in a Program of Strategic Emphasis or a
  139  state-approved teacher preparation program, the tuition and fees
  140  waived under this subsection must be reported for state funding
  141  purposes under ss. 1009.534 and 1009.535 and must be disbursed
  142  to the student. The amount disbursed to the student must shall
  143  be equal to the award amount the student has received under s.
  144  1009.534(2) or s. 1009.535(2).
  145         (d) Each state university shall report to the Board of
  146  Governors the number and value of all waivers granted annually
  147  under this subsection. A state university in compliance with
  148  this subsection may earn incentive funding, subject to
  149  appropriation, in addition to the funding provided under s.
  150  1001.92.
  151         (e) The Board of Governors shall adopt regulations to
  152  administer this subsection.
  153         Section 3. Section 1009.31, Florida Statutes, is created to
  154  read:
  155         1009.31 Dual Enrollment Educator Scholarship Program.—
  156         (1)The Dual Enrollment Educator Scholarship Program is
  157  established to assist teachers in grades 9-12 in public schools
  158  in this state in obtaining the graduate degree and credentials
  159  necessary to provide dual enrollment coursework directly to
  160  students on the campuses of such schools.
  161         (2)The Department of Education shall:
  162         (a) Administer the scholarship program in accordance with
  163  rules adopted by the State Board of Education.
  164         (b)In consultation with the Board of Governors, identify
  165  graduate-level degree programs offered at state universities
  166  which meet accrediting agency requirements for teaching general
  167  education core courses, as identified in s. 1007.25. The
  168  department shall provide the list of approved degree programs to
  169  school districts and post it on its website.
  170         (c)In consultation with the Board of Governors, identify
  171  qualified degree programs that are available entirely online.
  172         (d)Identify and prioritize districts for participation in
  173  the scholarship program based on each district’s ratio of
  174  students from low-income and moderate-income households, the
  175  availability of dual enrollment courses in the district, and the
  176  geographic proximity of high schools in the district to
  177  participating postsecondary institutions.
  178         (e)Prioritize scholarship program applicants who are
  179  currently enrolled in an approved graduate program at a state
  180  university.
  181         (f)Identify school districts with the highest need for
  182  teachers, as described in subsection (1), in which participants
  183  completing the scholarship program may teach to satisfy the
  184  requirement imposed by subparagraph (4)(a)3.
  185         (3)A scholarship applicant must satisfy the following
  186  eligibility criteria:
  187         (a)Be a certified teacher in grades 9-12 in a public
  188  school in this state.
  189         (b)Be accepted into, or currently enrolled in, an approved
  190  graduate program in a subject within his or her area of
  191  certification, as identified pursuant to paragraph (2)(b).
  192         (4)(a)As a condition of receiving a scholarship, the
  193  recipient must agree to do all of the following:
  194         1. Complete the graduate degree program and additional
  195  required credentials within 3 academic years of the initial
  196  award.
  197         2.Upon completion of the degree, teach at least one
  198  general education core course, as identified in s. 1007.25, per
  199  semester at a public school mutually agreed upon by the school
  200  district and the postsecondary institution. The recipient may
  201  teach additional courses at the school upon the approval of the
  202  school district and the postsecondary institution.
  203         3.Remain in his or her district, or an eligible district
  204  as identified by the Department of Education, as a certified
  205  classroom teacher for at least 3 school years after completion
  206  of his or her degree.
  207         (b)A scholarship recipient who does not complete an
  208  identified degree, or who does not complete at least 3 school
  209  years of service after the completion of an identified degree,
  210  must repay the amount of the scholarship to the Department of
  211  Education on a schedule determined by the department. The
  212  department may provide the teacher additional time to meet his
  213  or her service requirement if the department finds that
  214  circumstances beyond the control of the teacher caused or
  215  contributed to his or her failure to complete the degree or meet
  216  the service requirement.
  217         (5)The scholarship must cover the full cost of tuition and
  218  fees, including a book stipend each semester, required to
  219  complete the teacher’s program.
  220         (6)Funding for the Dual Enrollment Educator Scholarship
  221  Program is contingent upon the appropriation of funds in the
  222  General Appropriations Act.
  223         (7)The State Board of Education shall adopt rules to
  224  implement this section.
  225         Section 4. Section 1012.555, Florida Statutes, is created
  226  to read:
  227         1012.555 Teacher Apprenticeship Program.—
  228         (1)The Teacher Apprenticeship Program is established to
  229  create an alternative pathway for individuals to enter the
  230  teaching profession. The Department of Education shall
  231  administer the program in accordance with s. 446.011.
  232         (2)(a)An individual must meet the following minimum
  233  eligibility requirements to participate in the apprenticeship
  234  program:
  235         1. Have received an associate degree from an accredited
  236  postsecondary institution.
  237         2. Have earned a cumulative grade point average of 3.0 in
  238  that degree program.
  239         3. Have successfully passed a background screening as
  240  provided in s. 1012.32.
  241         4.Have received a temporary apprenticeship certificate as
  242  provided in s. 1012.56(7)(d).
  243         (b) As a condition of participating in the program, an
  244  apprentice teacher must commit to spending the first 2 years in
  245  the classroom of a mentor teacher using team teaching strategies
  246  identified in s. 1003.03(5)(b) and fulfilling the on-the-job
  247  training component of the registered apprenticeship and its
  248  associated standards.
  249         (c) An apprentice teacher must do both of the following:
  250         1. Complete 2 years in an apprenticeship before being
  251  eligible to apply for a professional certificate established in
  252  s. 1012.56(7)(a). Completion of the Teacher Apprenticeship
  253  Program does not exempt an apprentice teacher from the
  254  requirements of s. 1012.56(2)(c).
  255         2.Receive related instruction as provided in s. 446.051.
  256         (d) An apprentice teacher must be appointed by the district
  257  school board as an education paraprofessional and must be paid
  258  in accordance with s. 446.032 and rules adopted by the State
  259  Board of Education.
  260         (e)An apprentice teacher may change schools or districts
  261  after the first year of his or her apprenticeship if the hiring
  262  school or district has agreed to fund the remaining year of the
  263  apprenticeship.
  264         (3)A teacher who serves as a mentor in the apprenticeship
  265  program shall mentor his or her apprentice teacher using team
  266  teaching strategies and must, at a minimum, meet all of the
  267  following requirements:
  268         (a) Have at least 7 years of teaching experience in this
  269  state.
  270         (b)Have received an aggregate score of highly effective on
  271  the three most recent available value-added model (VAM) scores,
  272  as used by the department, or have received an aggregate score
  273  of highly effective on the three most recent available
  274  performance evaluations if the teacher does not generate a state
  275  VAM score.
  276         (c)Satisfy any other requirements established by the
  277  department.
  278         (4) Subject to legislative appropriation, a teacher who
  279  serves as a mentor in the apprenticeship program may receive a
  280  bonus, as specified in this subsection. If such funding is
  281  available:
  282         (a) The district school board must pay a teacher who serves
  283  as a mentor 50 percent of the bonus amount upon completion of
  284  the first year of the apprenticeship.
  285         (b) The district school board must pay a teacher who serves
  286  as a mentor the remainder of the bonus at the conclusion of the
  287  apprenticeship if:
  288         1. The teacher successfully guides his or her apprentice to
  289  completion of the apprenticeship program;
  290         2. Upon completion of the apprenticeship program, his or
  291  her apprentice is hired by a school district or charter school
  292  in this state; and
  293         3. The teacher meets any additional requirements imposed by
  294  state board rule.
  295         (5) A class in which an apprenticeship is conducted may
  296  exceed the class size limitation imposed in s. 1003.03(1) up to
  297  1.5 times the allowable number of students under that
  298  subsection.
  299         (6) The State Board of Education may adopt rules to
  300  implement this section.
  301         Section 5. Present paragraphs (d) and (e) of subsection (7)
  302  of section 1012.56, Florida Statutes, are redesignated as
  303  paragraphs (e) and (f), respectively, a new paragraph (d) is
  304  added to that subsection, and present paragraph (e) of that
  305  subsection is amended, and subsection (5) of that section is
  306  amended, to read:
  307         1012.56 Educator certification requirements.—
  308         (5) MASTERY OF SUBJECT AREA KNOWLEDGE.—Each of the
  309  following is an acceptable means of demonstrating mastery of
  310  subject area knowledge are:
  311         (a) For a subject requiring only a baccalaureate degree for
  312  which a Florida subject area examination has been developed,
  313  achievement of a passing score on the Florida-developed subject
  314  area examination specified in state board rule.;
  315         (b) For a subject for which a Florida subject area
  316  examination has not been developed, achievement of a passing
  317  score on a standardized examination specified in state board
  318  rule, including, but not limited to, passing scores on both the
  319  oral proficiency and written proficiency examinations
  320  administered by the American Council on the Teaching of Foreign
  321  Languages.;
  322         (c) For a subject for which a Florida subject area
  323  examination has not been developed or a standardized examination
  324  has not been specified in state board rule, completion of the
  325  subject area specialization requirements specified in state
  326  board rule and verification of the attainment of the essential
  327  subject matter competencies by the district school
  328  superintendent of the employing school district or chief
  329  administrative officer of the employing state-supported or
  330  private school.;
  331         (d) For a subject requiring a master’s or higher degree,
  332  completion of the subject area specialization requirements
  333  specified in state board rule and achievement of a passing score
  334  on the Florida-developed subject area examination or a
  335  standardized examination specified in state board rule.;
  336         (e) Documentation of a valid professional standard teaching
  337  certificate issued by another state.;
  338         (f) Documentation of a valid certificate issued by the
  339  National Board for Professional Teaching Standards or a national
  340  educator credentialing board approved by the State Board of
  341  Education.;
  342         (g) Documentation of successful completion of a United
  343  States Defense Language Institute Foreign Language Center
  344  program.; or
  345         (h) Documentation of a passing score on the Defense
  346  Language Proficiency Test (DLPT).
  347         (i)For a subject requiring only a baccalaureate degree for
  348  which a Florida subject area examination has been developed,
  349  documentation of receipt of a master’s degree or higher from an
  350  accredited postsecondary educational institution that the
  351  Department of Education has identified as having a quality
  352  program resulting in a baccalaureate degree or higher in the
  353  certificate subject area as identified by state board rule.
  355  School districts are encouraged to provide mechanisms for middle
  356  grades teachers holding only a K-6 teaching certificate to
  357  obtain a subject area coverage for middle grades through
  358  postsecondary coursework or district add-on certification.
  360         (d)The department shall issue a temporary apprenticeship
  361  certificate to any applicant who:
  362         1.Meets the requirements of paragraphs (2)(a), (b), (d),
  363  (e), and (f).
  364         2.Completes the subject area content requirements
  365  specified in state board rule or demonstrates mastery of subject
  366  area knowledge as provided in subsection (5).
  367         (f)(e)1. A temporary certificate issued under subparagraph
  368  (b)1. is valid for 3 school fiscal years and is nonrenewable.
  369         2. A temporary certificate issued under subparagraph (b)2.
  370  is valid for 5 school fiscal years, is limited to a one-time
  371  issuance, and is nonrenewable.
  372         3.A temporary apprenticeship certificate issued under
  373  paragraph (d) is valid for 5 school years, may be issued only
  374  once, and is nonrenewable.
  376  At least 1 year before an individual’s temporary certificate is
  377  set to expire, the department shall electronically notify the
  378  individual of the date on which his or her certificate will
  379  expire and provide a list of each method by which the
  380  qualifications for a professional certificate can be completed.
  381  The State Board of Education shall adopt rules to allow the
  382  department to extend the validity period of a temporary
  383  certificate for 2 years when the requirements for the
  384  professional certificate were not completed due to the serious
  385  illness or injury of the applicant, the military service of an
  386  applicant’s spouse, other extraordinary extenuating
  387  circumstances, or if the certificateholder is rated highly
  388  effective in the immediate prior year’s performance evaluation
  389  pursuant to s. 1012.34 or has completed a 2-year mentorship
  390  program pursuant to subsection (8). The department shall extend
  391  the temporary certificate upon approval by the Commissioner of
  392  Education. A written request for extension of the certificate
  393  shall be submitted by the district school superintendent, the
  394  governing authority of a university lab school, the governing
  395  authority of a state-supported school, or the governing
  396  authority of a private school.
  397         Section 6. Paragraph (d) is added to subsection (3) of
  398  section 1012.59, Florida Statutes, to read:
  399         1012.59 Certification fees.—
  400         (3) The State Board of Education shall waive initial
  401  general knowledge, professional education, and subject area
  402  examination fees and certification fees for:
  403         (d)A retired first responder, which includes a law
  404  enforcement officer as defined in s. 943.10(1), a firefighter as
  405  defined in s. 633.102(9), or an emergency medical technician or
  406  paramedic as defined in s. 401.23.
  407         Section 7. Section 1012.715, Florida Statutes, is created
  408  to read:
  409         1012.715 Heroes in the Classroom Bonus Program.—
  410         (1)PURPOSE.—Subject to legislative appropriation, the
  411  Department of Education must provide a one-time sign-on bonus,
  412  as provided in the General Appropriations Act, to retired first
  413  responders and veterans who commit to joining the teaching
  414  profession as a full-time classroom teacher. A retired first
  415  responder or veteran may receive an additional bonus for
  416  teaching a course in a critical teacher shortage area as defined
  417  in s. 1012.07.
  418         (2) DEFINITIONS.—As used in this section, the term:
  419         (a) “Retired first responder” means an individual who can
  420  document his or her full retirement as a law enforcement officer
  421  as defined in s. 943.10(1), a firefighter as defined in s.
  422  633.102(9), or an emergency medical technician or paramedic as
  423  defined in s. 401.23.
  424         (b) “Veteran” has the same meaning as defined in s.
  425  1.01(14).
  426         (3)ELIGIBILITY.—To be eligible to receive a bonus under
  427  this section, an individual must:
  428         (a)As applicable, document that he or she has not been the
  429  subject of any disciplinary action during the most recent 5
  430  years of his or her employment. For purposes of this paragraph,
  431  the term “disciplinary action” includes suspensions, dismissals,
  432  and involuntary demotions associated with disciplinary actions;
  433         (b)Document his or her honorable discharge from the
  434  military;
  435         (c)Document receipt of a professional certificate or
  436  temporary certificate under s. 1012.56(7)(a) and (b)1.,
  437  respectively; and
  438         (d)Commit to maintaining employment with the district or
  439  charter school for a minimum of 2 school years.
  440         (4)DEPARTMENT DUTIES.—The Department of Education shall
  441  administer the bonus program. At a minimum, the department
  442  shall:
  443         (a)Establish a method for determining the estimated number
  444  of eligible military veterans and first responders hired in the
  445  applicable fiscal year.
  446         (b)Establish additional minimum criteria necessary to
  447  receive the bonus.
  448         (c)Establish an estimated cost to the department
  449  associated with developing and administering the program.
  450         (d)Establish a method by which a teacher must reimburse
  451  the state if he or she receives the bonus payment under the
  452  program but fails to maintain continuous employment for the
  453  required 2-year school period.
  454         (e)Identify critical teacher shortage areas in which a
  455  military veteran or retired first responder who teaches may be
  456  eligible for an additional bonus.
  457         (5)DISTRICT DUTIES.—A school district that hires eligible
  458  participants must:
  459         (a)Provide any necessary information requested by the
  460  department.
  461         (b)Notify, in a manner established by the department,
  462  eligible employees for whom such employment may impact their
  463  pension from a previous position.
  464         (6) RULES.—The State Board of Education may adopt rules to
  465  implement this section.
  466         Section 8. Chapter 1015, Florida Statutes, consisting of
  467  ss. 1015.01-1015.06, Florida Statutes, is created and entitled
  468  “Teachers’ Bill of Rights.”
  469         Section 9. Section 1015.01, Florida Statutes, is created to
  470  read:
  471         1015.01Short title.—This section and ss. 1015.02-1015.06
  472  may be cited as the “Teachers’ Bill of Rights.”
  473         Section 10. Section 1015.02, Florida Statutes, is created
  474  to read:
  475         1015.02Legislative findings.—The Legislature finds that
  476  education is critically important in the development of children
  477  in this state. The Legislature additionally recognizes the
  478  supreme importance of having high-quality teachers in the
  479  classroom. Further, the Legislature finds it is necessary to
  480  establish a clear set of rights for teachers regarding their
  481  profession and classrooms.
  482         Section 11. Section 1015.03, Florida Statutes, is created
  483  to read:
  484         1015.03Rights of employment.—
  485         (1)Pursuant to s. 447.301 and s. 6., Art. I of the State
  486  Constitution, the right of public employees, including teachers,
  487  to work may not be denied or abridged on account of membership
  488  or nonmembership in any labor union.
  489         (2)(a)A teacher, except in cases of excessive force or
  490  cruel and unusual punishment, may not be held civilly or
  491  criminally liable for actions carried out in conformity with
  492  State Board of Education rules. Pursuant to s. 1012.75, a
  493  teacher shall have access to liability coverage, subject to the
  494  General Appropriations Act, through the educator liability
  495  insurance program.
  496         (b)Pursuant to s. 1012.26, a teacher may receive a
  497  reimbursement of reasonable expenses for legal services from his
  498  or her school district if the teacher is charged with civil or
  499  criminal actions arising out of and in the course of the
  500  performance of assigned duties and responsibilities.
  501         (3)All students and public K-20 educational institution
  502  employees, including teachers, have the right to be free from
  503  discrimination in public K-20 educational institutions. Pursuant
  504  to s. 1000.05, a person may bring an action for equitable
  505  relief, attorney fees, and court costs as determined by the
  506  court.
  507         (4)Pursuant to s. 1012.56, teachers must be provided
  508  multiple pathways to earn an educator certificate.
  509         Section 12. Section 1015.04, Florida Statutes, is created
  510  to read:
  511         1015.04Right to continuing education.—
  512         (1)Teachers are guaranteed a coordinated system of
  513  professional development with the goals of increasing student
  514  achievement, enhancing classroom instruction, and preparing
  515  students for continuing their education or joining the
  516  workforce. Pursuant to s. 1012.98, the Department of Education,
  517  public postsecondary educational institutions, public school
  518  districts, public schools, state education foundations,
  519  consortia, and professional organizations must work
  520  collaboratively to provide a coordinated system of professional
  521  development.
  522         (2)Pursuant to s. 1009.26(10), teachers employed by a
  523  school district may receive a waiver for tuition and fees for up
  524  to 6 credit hours per term at a state university or Florida
  525  College System institution.
  526         Section 13. Section 1015.05, Florida Statutes, is created
  527  to read:
  528         1015.05Right to control the classroom.—
  529         (1)In accordance with state board rules and general law, a
  530  teacher has the authority to control and discipline students in
  531  his or her classroom and in other places in which the teacher is
  532  assigned to be in charge of students. Pursuant to s. 1003.32 and
  533  in order to provide an orderly and safe learning environment for
  534  students, a teacher may:
  535         (a)Establish classroom rules of conduct.
  536         (b)Establish and implement consequences, which are
  537  designed to change behavior, for infractions of classroom rules
  538  of conduct.
  539         (c)Have disobedient, disrespectful, violent, abusive,
  540  uncontrollable, or disruptive students removed from the
  541  classroom for behavior management intervention.
  542         (d)Have violent, abusive, uncontrollable, or disruptive
  543  students directed to appropriate school or district school board
  544  personnel for information and assistance.
  545         (e)Assist in enforcing school rules on school property,
  546  during school-sponsored transportation, and during school
  547  sponsored activities.
  548         (f)Request and receive information relating to the
  549  disposition of any referrals to administration for a violation
  550  of classroom rules of conduct or school rules.
  551         (g)Request and receive immediate assistance in classroom
  552  management if a student becomes uncontrollable or in the case of
  553  an emergency.
  554         (h)Request and receive training and other assistance to
  555  improve his or her skills in classroom management, violence
  556  prevention, conflict resolution, and related areas.
  557         (i)Press charges if there is a reason to believe that a
  558  crime has been committed on school property, during school
  559  sponsored transportation, or during school-sponsored activities.
  560         (j)Use reasonable force, according to standards adopted by
  561  the State Board of Education, to protect himself or herself or
  562  others from injury.
  563         (2)For purposes of this section, in cases in which a
  564  teacher faces litigation or professional practices sanctions for
  565  an action taken pursuant to subsection (1), there is a
  566  rebuttable presumption that a teacher was taking necessary
  567  action to restore or maintain the safety or educational
  568  atmosphere of his or her classroom.
  569         Section 14. Section 1015.06, Florida Statutes, is created
  570  to read:
  571         1015.06Right to direct classroom instruction.—
  572         (1)(a)In accordance with general law and State Board of
  573  Education rules, a teacher has the right to direct his or her
  574  classroom instruction. If a teacher is directed by his or her
  575  school district or school to violate general law or state board
  576  rules, he or she may request the Commissioner of Education to
  577  appoint a special magistrate who is a member of The Florida Bar
  578  in good standing and who has at least 5 years’ experience in
  579  administrative law. The special magistrate shall determine facts
  580  relating to the dispute over the school district procedure or
  581  practice, consider information provided by the teacher and the
  582  school district, and render a recommended decision for
  583  resolution to the state board within 30 days after receipt of
  584  the request by the teacher.
  585         (b)The state board must approve or reject the special
  586  magistrate’s recommended decision at its next scheduled board
  587  meeting. The costs of the special magistrate must be borne by
  588  the school district.
  589         (c)If the school district is found in violation of general
  590  law or state board rules, the State Board of Education may
  591  withhold the salary of the superintendent until the violation is
  592  corrected.
  593         (2)Pursuant to s. 1008.25, a teacher has the right to
  594  receive student assessment data in a timely manner in order to
  595  assist in instruction.
  596         Section 15. This act shall take effect July 1, 2023.