The Florida Senate

231.001  School district personnel policies.

231.002  Teacher quality; legislative findings.

231.02  Qualifications of personnel.

231.045  Periodic criminal history record checks.

231.07  Disturbing school functions; penalty.

231.085  Duties of principals.

231.0851  Reports of school safety and discipline; standardized form.

231.09  Duties of instructional personnel.

231.095  Teachers assigned teaching duties outside field; notification requirements.

231.096  Teacher teaching out-of-field; assistance.

231.097  Suspension or denial of teaching certificate due to child support delinquency.

231.141  Education paraprofessionals.

231.143  Education paraprofessional career development.

231.145  Purpose of instructional personnel certification.

231.15  Positions for which certificates required.

231.167  Speech-language services to school districts qualifying for sparsity supplement; rules.

231.17  Teacher certification requirements.

231.1715  Confidentiality of examinations.

231.1725  Employment of substitute teachers, teachers of adult education, nondegreed teachers of career education, and career specialists; students performing clinical field experience.

231.1726  Certification of adjunct educators.

231.174  Alternative preparation programs for certified teachers to add additional coverage.

231.24  Process for renewal of professional certificates.

231.245  Saving clause.

231.261  Education Practices Commission; organization.

231.2615  Education Practices Commission; authority to discipline.

231.262  Complaints against teachers and administrators; procedure; penalties.

231.263  Recovery network program for educators.

231.29  Assessment procedures and criteria.

231.2905  Florida School Recognition Program.

231.291  Personnel files.

231.30  Certification fees.

231.3505  Employment of directors of career education in school districts.

231.36  Contracts with instructional staff, supervisors, and principals.

231.3605  Educational support employees.

231.361  Vocational teachers; status.

231.381  Transfer of sick leave and annual leave.

231.39  Provisions for leaves of absence.

231.40  Sick leave.

231.41  Illness-in-line-of-duty leave.

231.415  Local civil service system laws not superseded.

231.424  Sabbatical leave.

231.434  Annual leave.

231.44  Absence without leave.

231.45  Records of absences.

231.47  Substitute teachers.

231.471  Part-time teachers.

231.481  Terminal pay for accrued vacation leave.

231.49  Provisions relating to Workers' Compensation Law.

231.495  Retirement annuities authorized.

231.545  Education Standards Commission; organization.

231.546  Education Standards Commission; powers and duties.

231.55  Legislative intent; declaration.

231.600  School Community Professional Development Act.

231.6075  Rulemaking authority; professional teacher associations.

231.6135  Statewide system for inservice professional development.

231.62  Identification of critical teacher shortage areas.

231.621  Critical Teacher Shortage Student Loan Forgiveness Program.

231.6215  Student Fellowship Program.

231.625  Teacher recruitment and retention.

231.6255  Christa McAuliffe Ambassador for Education Program.

231.63  Florida Educator Hall of Fame.

231.67  The Florida Teachers Lead Program Stipend.

231.700  Florida Mentor Teacher School Pilot Program.

231.800  Florida educators professional liability insurance protection.

231.001  School district personnel policies.--Except as otherwise provided by law or the State Constitution, district school boards may prescribe rules governing personnel matters, including the assignment of duties and responsibilities for all district employees.

History.--ss. 3, 31, ch. 82-242; s. 5, ch. 84-94; s. 7, ch. 92-67; s. 6, ch. 2000-301.

231.002  Teacher quality; legislative findings.--

(1)  The Legislature intends to implement a comprehensive approach to increase students' academic achievement and improve teaching quality. The Legislature recognizes that professional educators shape the future of this state and the nation by developing the knowledge and skills of our future workforce and laying the foundation for good citizenship and full participation in community and civic life. The Legislature also recognizes its critical role in meeting the state's educational goals and preparing all students to achieve at the high levels set by the Sunshine State Standards.

(2)  The Legislature further finds that effective educators are able to do the following:

(a)  Write and speak in a logical and understandable style, using appropriate grammar and sentence structure, and demonstrate a command of standard English, enunciation, clarity of oral directions, and pace and precision in speaking.

(b)  Read, comprehend, and interpret professional and other written material.

(c)  Compute, think logically, and solve problems.

(d)  Recognize signs of students' difficulty with the reading and computational process and apply appropriate measures to improve students' reading and computational performance.

(e)  Recognize patterns of physical, social, emotional, and intellectual development in students, including exceptional students in the regular classroom.

(f)  Recognize and demonstrate awareness of the educational needs of students who have limited proficiency in English and employ appropriate teaching strategies.

(g)  Use and integrate appropriate technology in teaching and learning processes and in managing, evaluating, and improving instruction.

(h)  Use assessment and other diagnostic strategies to assist the continuous development and acquisition of knowledge and understanding of the learner.

(i)  Use teaching and learning strategies that include consideration of each student's learning styles, needs, and background.

(j)  Demonstrate the ability to maintain a positive, collaborative relationship with students' families to increase student achievement.

(k)  Recognize signs of tendency toward violence and severe emotional distress in students and apply techniques of crisis intervention.

(l)  Recognize signs of alcohol and drug abuse in students and know how to appropriately work with such students and seek assistance designed to prevent future abuse.

(m)  Recognize the physical and behavioral indicators of child abuse and neglect and know rights and responsibilities regarding reporting.

(n)  Demonstrate the ability to maintain a positive environment in the classroom while achieving order and discipline.

(o)  Demonstrate the ability to grade student performance effectively.

(p)  Demonstrate knowledge and understanding of the value of, and strategies for, promoting parental involvement in education.

History.--s. 45, ch. 99-398; s. 7, ch. 2000-301; s. 25, ch. 2000-331.

231.02  Qualifications of personnel.--

(1)  To be eligible for appointment in any position in any district school system, a person shall be of good moral character; shall have attained the age of 18 years, if he or she is to be employed in an instructional capacity; and shall, when required by law, hold a certificate or license issued under rules of the State Board of Education or the ¹Department of Children and Family Services, except when employed pursuant to s. 231.15 or under the emergency provisions of s. 236.0711. Previous residence in this state shall not be required in any school of the state as a prerequisite for any person holding a valid Florida certificate or license to serve in an instructional capacity.

(2)(a)  Instructional and noninstructional personnel who are hired to fill positions requiring direct contact with students in any district school system or laboratory school shall, upon employment, file a complete set of fingerprints taken by an authorized law enforcement officer or an employee of the school or district who is trained to take fingerprints. These fingerprints shall be submitted to the Department of Law Enforcement for state processing and to the Federal Bureau of Investigation for federal processing. The new employees shall be on probationary status pending fingerprint processing and determination of compliance with standards of good moral character. Employees found through fingerprint processing to have been convicted of a crime involving moral turpitude shall not be employed in any position requiring direct contact with students. Probationary employees terminated because of their criminal record shall have the right to appeal such decisions. The cost of the fingerprint processing may be borne by the district school board or the employee.

(b)  Personnel who have been fingerprinted or screened pursuant to this subsection and who have not been unemployed for more than 90 days shall not be required to be refingerprinted or rescreened in order to comply with the requirements of this subsection.

History.--s. 502, ch. 19355, 1939; CGL 1940 Supp. 892(108); s. 14, ch. 23726, 1947; ss. 19, 35, ch. 69-106; s. 1, ch. 69-300; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 1, ch. 79-12; s. 11, ch. 80-190; ss. 2, 3, ch. 81-318; ss. 4, 28, 31, ch. 82-242; s. 94, ch. 83-217; s. 5, ch. 84-94; s. 1, ch. 89-144; s. 5, ch. 89-261; s. 16, ch. 89-302; s. 17, ch. 91-105; s. 7, ch. 92-67; s. 1240, ch. 95-147; s. 12, ch. 96-369; s. 1, ch. 98-281; s. 32, ch. 99-8; s. 46, ch. 99-398; s. 8, ch. 2000-301.

¹Note.--As amended by s. 32, ch. 99-8. Section 46, ch. 99-398, also amended s. 231.02(1), and that version referenced the Department of Health instead of the Department of Children and Family Services.

231.045  Periodic criminal history record checks.--In cooperation with the Florida Department of Law Enforcement, the department may periodically perform criminal history record checks on individuals who hold a certificate pursuant to s. 231.17 or s. 231.1726.

History.--s. 13, ch. 96-369; s. 9, ch. 2000-301; s. 18, ch. 2001-47.

231.07  Disturbing school functions; penalty.--Any person not subject to the rules of a school who creates a disturbance on the property or grounds of any school, who commits any act that interrupts the orderly conduct of a school or any activity thereof is guilty of a misdemeanor of the second degree, punishable as provided by law.

History.--s. 507, ch. 19355, 1939; CGL 1940 Supp. 8115(3); s. 1, ch. 21989, 1943; s. 49, ch. 65-239; s. 133, ch. 71-136; s. 75, ch. 72-221; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 2, ch. 79-163; ss. 2, 3, ch. 81-318; ss. 6, 28, 31, ch. 82-242; s. 5, ch. 84-94; s. 7, ch. 92-67.

231.085  Duties of principals.--

(1)  A district school board shall employ, through written contract, public school principals who shall supervise the operation and management of the schools and property as the district school board determines necessary.

(2)  The principal is responsible for recommending to the superintendent of schools the employment of instructional personnel to be assigned to the school to which the principal is assigned.

(3)  Each principal is responsible for the performance of all personnel employed by the district school board and assigned to the school to which the principal is assigned. The principal shall faithfully and effectively apply the personnel assessment system approved by the district school board pursuant to s. 231.29.

(4)  Each principal shall assist the teachers within the school to use student assessment data, as measured by student learning gains pursuant to s. 229.57, for self-evaluation.

(5)  Each principal shall perform such duties as may be assigned by the superintendent of schools, pursuant to the rules of the district school board. Such rules shall include, but are not limited to, rules relating to administrative responsibility, instructional leadership in implementing the Sunshine State Standards and the overall educational program of the school to which the principal is assigned, submission of personnel recommendations to the superintendent of schools, administrative responsibility for records and reports, administration of corporal punishment, and student suspension.

(6)  Each principal shall provide leadership in the development or revision and implementation of a school improvement plan, pursuant to s. 230.23(16).

(7)  Each principal must make the necessary provisions to ensure that all school reports are accurate and timely, and must provide the necessary training opportunities for staff to accurately report attendance, FTE program participation, student performance, teacher appraisal, and school safety and discipline data.

(8)  A principal who fails to comply with this section shall be ineligible for any portion of the performance pay policy incentive under s. 230.23(5)(c).

History.--s. 1, ch. 74-315; s. 3, ch. 76-168; s 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 7, 28, 31, ch. 82-242; s. 95, ch. 83-217; s. 5, ch. 84-94; s. 16, ch. 91-283; s. 7, ch. 92-67; s. 53, ch. 97-190; ss. 48, 66, ch. 99-398; s. 10, ch. 2000-301; s. 2, ch. 2001-90.

231.0851  Reports of school safety and discipline; standardized form.--

(1)  Each principal must ensure that standardized forms prescribed by rule of the State Board of Education are used to report data concerning school safety and discipline to the Department of Education. The principal must develop a plan to verify the accuracy of reported incidents.

(2)  When a student has been the victim of a violent crime perpetrated by another student who attends the same school, the principal shall make full and effective use of the provisions of ss. 232.26(2) and 232.265. A principal who fails to comply with this subsection shall be ineligible for any portion of the performance pay policy incentive under s. 230.23(5)(c). However, if any party responsible for notification fails to properly notify the school, the principal shall be eligible for the incentive.

(3)  The State Board of Education shall adopt by rule a standardized form to be used by each school to report data concerning school safety and discipline.

History.--ss. 8, 9, ch. 2000-235; s. 5, ch. 2001-125.

Note.--Subsection (3) former s. 229.135.

231.09  Duties of instructional personnel.--

(1)  The primary duty of instructional personnel is to work diligently and faithfully to help students meet or exceed annual learning goals, to meet state and local achievement requirements, and to master the skills required to graduate from high school prepared for postsecondary education and work. This duty applies to instructional personnel whether they teach or function in a support role.

(2)  Members of the instructional staff of the public schools shall perform duties prescribed by rules of the district school board. The rules shall include, but are not limited to, rules relating to a teacher's duty to help students master challenging standards and meet all state and local requirements for achievement; teaching efficiently and faithfully, using prescribed materials and methods, including technology-based instruction; recordkeeping; and fulfilling the terms of any contract, unless released from the contract by the district school board.

History.--s. 509, ch. 19355, 1939; CGL 1940 Supp. 892(113); s. 1, ch. 28055, 1953; s. 1, ch. 61-459; s. 50, ch. 65-239; s. 1, ch. 65-429; ss. 51, 52, ch. 65-239; s. 2, ch. 68-18; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; ss. 76, 77, ch. 72-221; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 8, 28, 31, ch. 82-242; s. 5, ch. 84-94; s. 44, ch. 85-80; s. 7, ch. 92-67; s. 50, ch. 99-398; s. 13, ch. 2000-301.

231.095  Teachers assigned teaching duties outside field; notification requirements.--When a teacher in a district school system is assigned teaching duties in a class dealing with subject matter that is outside the field in which the teacher is certified, outside the field that was the applicant's minor field of study, or outside the field in which the applicant has demonstrated sufficient subject area expertise, as determined by district school board policy in the subject area to be taught, the parents or guardians of all students in the class shall be notified in writing of such assignment.

History.--ss. 15, 16, 18, ch. 86-225; s. 61, ch. 91-45; s. 18, ch. 91-105; s. 29, ch. 94-232; s. 54, ch. 97-190; s. 14, ch. 2000-301; s. 5, ch. 2001-47.

231.096  Teacher teaching out-of-field; assistance.--Each district school board shall adopt and implement a plan to assist any teacher teaching out-of-field, and priority consideration in professional development activities shall be given to teachers who are teaching out-of-field. The district school board shall require that such teachers participate in a certification or staff development program designed to provide the teacher with the competencies required for the assigned duties. The board-approved assistance plan must include duties of administrative personnel and other instructional personnel to provide students with high-quality instructional services. Each district school board shall contact its regional workforce board, created pursuant to s. 445.007, to identify resources that may assist teachers who are teaching out-of-field and who are pursuing certification.

History.--s. 17, ch. 86-225; s. 7, ch. 90-288; s. 2, ch. 98-281; s. 51, ch. 99-398; s. 15, ch. 2000-301; s. 6, ch. 2001-47.

231.097  Suspension or denial of teaching certificate due to child support delinquency.--The department shall allow applicants for new or renewal certificates and renewal certificateholders to be screened by the Title IV-D child support agency pursuant to s. 409.2598 to assure compliance with an obligation for support, as defined in s. 409.2554. The purpose of this section is to promote the public policy of this state as established in s. 409.2551. The department shall, when directed by the court, deny the application of any applicant found to have a delinquent support obligation. The department shall issue or reinstate the certificate without additional charge to the certificateholder when notified by the court that the certificateholder has complied with the terms of the court order. The department shall not be held liable for any certificate denial or suspension resulting from the discharge of its duties under this section.

History.--s. 7, ch. 93-208; s. 20, ch. 2001-158.

231.141  Education paraprofessionals.--A district school board may appoint education paraprofessionals to assist members of the instructional staff in carrying out their duties and responsibilities. An education paraprofessional shall not be required to hold a teaching certificate. An education paraprofessional, while rendering services under the supervision of a certified teacher, shall be accorded the same protection of laws as that accorded the certified teacher. Paid education paraprofessionals employed by a district school board shall be entitled to the same rights as those accorded noninstructional employees of the district school board.

History.--s. 18, ch. 69-402; s. 5, ch. 75-284; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 9, 28, 31, ch. 82-242; s. 5, ch. 84-94; s. 39, ch. 87-329; s. 7, ch. 92-67; s. 3, ch. 98-292; s. 16, ch. 2000-301.

231.143  Education paraprofessional career development.--

(1)(a)  Each school district may adopt a program for the career development of education paraprofessionals. The purpose of the program is to provide to education paraprofessionals a system of career development which is based upon education and training advancement, and to furnish economic incentives to encourage excellence among education paraprofessionals.

(b)  The adoption of each program is subject to chapter 447, and the implementation of a program is contingent upon the agreement and ratification of the program by both the employer and employees under s. 447.309.

(2)  A district education paraprofessional career development program must include voluntary participation by paraprofessionals in five career development levels. The district school board shall adopt a procedure for verifying the competency levels of all persons who participate in the career development program and a procedure to determine the outcomes and results of the program and impact on student performance.

(3)(a)  Level I.--To qualify for Level I, the person must meet:

1.  The health requirement established for certified personnel.

2.  The age requirements for certified personnel.

3.  The local school district requirements for employment.

(b)  Level II.--To qualify for Level II, the person must:

1.  Have earned a high school diploma or the equivalent.

2.  Possess a clear understanding of state and district rules and policies relevant to paraprofessionals.

3.  Possess knowledge of all state and district instructional practices and policies relevant to paraprofessionals.

4.  Have maintained satisfactory job performance of appropriate skills and competencies for 1 year.

(c)  Level III.--To qualify for Level III, the person must:

1.  Have completed 30 college semester hours or the equivalent inservice hours.

2.  Possess a clear understanding of state and district rules and policies relevant to paraprofessionals.

3.  Possess knowledge of all state and district instructional practices and policies relevant to paraprofessionals.

4.  Have maintained satisfactory job performance of appropriate skills and competencies for 2 years.

(d)  Level IV.--To qualify for Level IV, the person must:

1.  Have completed 60 college semester hours or the equivalent inservice hours.

2.  Possess a clear understanding of state and district rules and policies relevant to paraprofessionals.

3.  Possess knowledge of all state and district instructional practices and policies relevant to paraprofessionals.

4.  Have maintained satisfactory job performance of appropriate skills and competencies for 2 years.

(e)  Level V.--To qualify for Level V, the person must:

1.  Have completed coursework to earn a bachelor of arts or bachelor of science degree from an accredited institution pursuant to ¹s. 231.17(3)(c).

2.  Possess a clear understanding of state and district rules and policies relevant to paraprofessionals.

3.  Possess knowledge of all state and district instructional practices and policies relevant to paraprofessionals.

4.  Have maintained satisfactory job performance of appropriate skills and competencies for 2 years.

(4)  Paraprofessionals may not:

(a)  Establish instructional objectives;

(b)  Make decisions regarding the relevancy of certain activities or procedures to the attainment of instructional objectives;

(c)  Make decisions regarding the appropriateness of certain teaching materials for accomplishing instructional objectives; or

(d)  Make judgments regarding the attainment of instructional objectives unless these judgments are based upon clear and objective criteria, such as specific achievement standards on a true-false test.

History.--s. 4, ch. 98-292; s. 17, ch. 2000-301.

¹Note.--Section 231.17 was substantially reworded by s. 19, ch. 2000-301; similar language now appears in s. 231.17(2).

231.145  Purpose of instructional personnel certification.--It is the intent of the Legislature that school personnel certified in this state possess the credentials, knowledge, and skills necessary to provide a high-quality education in the public schools. The purpose of school personnel certification is to protect the educational interests of students, parents, and the public at large by assuring that teachers in this state are professionally qualified. In fulfillment of its duty to the citizens of this state, the Legislature has established certification requirements to assure that educational personnel in public schools possess appropriate skills in reading, writing, and mathematics, and adequate pedagogical knowledge, including the use of technology to enhance student learning, and relevant subject matter competence so as to demonstrate an acceptable level of professional performance. Further, the Legislature has established a certificate renewal process which promotes the continuing professional improvement of school personnel, thereby enhancing public education in all areas of the state.

History.--s. 1, ch. 86-156; s. 52, ch. 99-398.

231.15  Positions for which certificates required.--

(1)  The State Board of Education shall classify school services, designate the certification subject areas, establish competencies, including the use of technology to enhance student learning, and certification requirements for all school-based personnel, and prescribe rules in accordance with which the professional, temporary, and part-time certificates shall be issued by the Department of Education to applicants who meet the standards prescribed by such rules for their class of service. Each person employed or occupying a position as school supervisor, principal, teacher, library media specialist, school counselor, athletic coach, or other position in which the employee serves in an instructional capacity, in any public school of any district of this state shall hold the certificate required by law and by rules of the state board in fulfilling the requirements of the law for the type of service rendered. However, the state board shall adopt rules authorizing district school boards to employ selected noncertificated personnel to provide instructional services in the individuals' fields of specialty or to assist instructional staff members as education paraprofessionals.

(2)  Each person who is employed and renders service as an athletic coach in any public school in any district of this state shall hold a valid temporary or professional certificate or an athletic coaching certificate. The athletic coaching certificate may be used for either part-time or full-time positions. The provisions of this subsection do not apply to any athletic coach who voluntarily renders service and who is not employed by any public school district of this state.

(3)  Each person employed as a school nurse shall hold a license to practice nursing in the state, and each person employed as a school physician shall hold a license to practice medicine in the state.

(4)  A commissioned or noncommissioned military officer who is an instructor of junior reserve officer training shall be exempt from requirements for teacher certification, except for the filing of fingerprints pursuant to s. 231.02, if he or she meets the following qualifications:

(a)  Is retired from active military duty, pursuant to chapter 102 of Title 10, U.S.C.

(b)  Satisfies criteria established by the appropriate military service for certification by the service as a junior reserve officer training instructor.

(c)  Has an exemplary military record.

If such instructor is assigned instructional duties other than junior reserve officer training, he or she shall hold the certificate required by law and rules of the state board for the type of service rendered.

History.--s. 515, ch. 19355, 1939; CGL 1940 Supp. 892(119); s. 9, ch. 57-249; s. 9, ch. 63-376; s. 55, ch. 65-239; s. 4, ch. 67-387; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 80, ch. 72-221; s. 6, ch. 75-284; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 11, ch. 80-190; s. 5, ch. 80-325; ss. 1, 10, ch. 80-378; ss. 2, 3, ch. 81-318; s. 30, ch. 82-242; s. 3, ch. 83-265; s. 1, ch. 84-272; ss. 2, 15, ch. 86-156; s. 1, ch. 90-91; s. 5, ch. 90-172; s. 47, ch. 90-288; s. 19, ch. 91-105; s. 1, ch. 91-293; s. 4, ch. 91-429; s. 1, ch. 92-99; s. 48, ch. 94-232; s. 1533, ch. 95-147; s. 3, ch. 98-281; s. 5, ch. 98-292; s. 53, ch. 99-398; s. 18, ch. 2000-301; s. 7, ch. 2001-47.

231.167  Speech-language services to school districts qualifying for sparsity supplement; rules.--Based on recommendations of a task force appointed by the Commissioner of Education, the State Board of Education shall adopt rules for speech-language services to school districts that qualify for the sparsity supplement as described in s. 236.081(6). These services may be provided by baccalaureate degree level persons for a period of 3 years. The rules shall authorize the delivery of speech-language services by baccalaureate degree level persons under the direction of a certified speech-language pathologist with a master's degree or higher. By October 1, 2003, these rules shall be reviewed by the State Board of Education.

History.--s. 64, ch. 2000-301.

231.17  Teacher certification requirements.--

(1)  APPLICATION.--Each person seeking certification pursuant to this chapter shall submit a completed application containing the applicant's social security number to the Department of Education and remit the fee required pursuant to s. 231.30 and rules of the State Board of Education. Pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, each party is required to provide his or her social security number in accordance with this section. Disclosure of social security numbers obtained through this requirement shall be limited to the purpose of administration of the Title IV-D program of the Social Security Act for child support enforcement. Pursuant to s. 120.60, the department shall issue within 90 calendar days after the stamped receipted date of the completed application:

(a)  A certificate covering the classification, level, and area for which the applicant is deemed qualified; or

(b)  An official statement of status of eligibility. The statement of status of eligibility must advise the applicant of any qualifications that must be completed to qualify for certification. Each statement of status of eligibility is valid for 2 years after its date of issuance, except as provided in paragraph (2)(d), and may be reissued for one additional 2-year period if application is made while the initial statement of status of eligibility is valid or within 1 year after the initial statement expires.

(2)  ELIGIBILITY CRITERIA.--To be eligible to seek certification pursuant to this chapter, a person must:

(a)  Be at least 18 years of age.

(b)  File a written statement, under oath, that the applicant subscribes to and will uphold the principles incorporated in the Constitution of the United States and the Constitution of the State of Florida.

(c)  Document receipt of a bachelor's or higher degree from an accredited institution of higher learning, or a nonaccredited institution of higher learning that the Department of Education has identified as having a quality program resulting in a bachelor's degree, or higher. Each applicant seeking initial certification must have attained at least a 2.5 overall grade point average on a 4.0 scale in the applicant's major field of study. The applicant may document the required education by submitting official transcripts from institutions of higher education or by authorizing the direct submission of such official transcripts through established electronic network systems. The bachelor's or higher degree may not be required in areas approved in rule by the state board as nondegreed areas.

(d)  Submit to a fingerprint check from the Department of Law Enforcement and the Federal Bureau of Investigation pursuant to s. 231.02. If the fingerprint reports indicate a criminal history or if the applicant acknowledges a criminal history, the applicant's records shall be referred to the Bureau of Educator Standards for review and determination of eligibility for certification. If the applicant fails to provide the necessary documentation requested by the Bureau of Educator Standards within 90 days after the date of the receipt of the certified mail request, the statement of eligibility and pending application shall become invalid.

(e)  Be of good moral character.

(f)  Be competent and capable of performing the duties, functions, and responsibilities of a teacher.

(g)  Demonstrate mastery of general knowledge, pursuant to subsection (3).

(h)  Demonstrate mastery of subject area knowledge, pursuant to subsection (4).

(i)  Demonstrate mastery of professional preparation and education competence, pursuant to subsection (5).

(3)  MASTERY OF GENERAL KNOWLEDGE.--

(a)  Before July 1, 2002, acceptable means of demonstrating mastery of general knowledge are:

1.  Achievement of passing scores on the College Level Academic Skills Test or other basic skills examinations required by state board rule;

2.  Achievement of passing scores on another state's general knowledge examinations;

3.  A valid standard teaching certificate issued by another state that requires an examination of mastery of general knowledge;

4.  A valid standard teaching certificate issued by another state and valid certificate issued by the National Board for Professional Teaching Standards; or

5.  A valid standard teaching certificate issued by another state and documentation of 2 years of continuous successful full-time teaching or administrative experience during the 5-year period immediately preceding the date of application for certification.

(b)  Beginning July 1, 2002, acceptable means of demonstrating mastery of general knowledge are:

1.  Achievement of passing scores on basic skills examination required by state board rule;

2.  Achievement of passing scores on the College Level Academic Skills Test earned prior to July 1, 2002;

3.  A valid standard teaching certificate issued by another state that requires an examination of mastery of general knowledge;

4.  A valid standard teaching certificate issued by another state and valid certificate issued by the National Board for Professional Teaching Standards; or

5.  A valid standard teaching certificate issued by another state and documentation of 2 years of continuous successful full-time teaching or administrative experience during the 5-year period immediately preceding the date of application for certification.

(4)  MASTERY OF SUBJECT AREA KNOWLEDGE.--

(a)  Before July 1, 2002, acceptable means of demonstrating mastery of subject area knowledge are:

1.  Completion of the subject area content requirements specified in state board rule and achievement of passing scores on the National Teachers Examination series, a successor to that series, or other subject area examinations required by state board rule;

2.  A valid standard teaching certificate issued by another state that requires an examination of mastery of subject area knowledge;

3.  A valid standard teaching certificate issued by another state and valid certificate issued by the National Board for Professional Teaching Standards; or

4.  A valid standard teaching certificate issued by another state and documentation of 2 years of continuous successful full-time teaching or administrative experience during the 5-year period immediately preceding the date of application for certification.

(b)  Beginning July 1, 2002, acceptable means of demonstrating mastery of subject area knowledge are:

1.  Achievement of passing scores on subject area examinations required by state board rule;

2.  A valid standard teaching certificate issued by another state that requires an examination of mastery of subject area knowledge;

3.  A valid standard teaching certificate issued by another state and valid certificate issued by the National Board for Professional Teaching Standards; or

4.  A valid standard teaching certificate issued by another state and documentation of 2 years of continuous successful full-time teaching or administrative experience during the 5-year period immediately preceding the date of application for certification.

(5)  MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION COMPETENCE.--

(a)  Before July 1, 2002, acceptable means of demonstrating mastery of professional preparation and education competence are:

1.  Achievement of passing scores on the professional education competency examination required by state board rule, and documentation of one of the following:

a.  Completion of an approved teacher preparation program at a postsecondary institution within this state;

b.  Successful completion of an approved alternative preparation program, pursuant to paragraph (7)(b); or

c.  Completion of professional preparation college courses as specified in state board rule and successful completion of a district professional education competence program pursuant to paragraph (7)(c).

2.  A valid standard teaching certificate issued by another state and valid certificate issued by the National Board for Professional Teaching Standards; or

3.  A valid standard teaching certificate issued by another state and documentation of 2 years of continuous successful full-time teaching or administrative experience in another state during the 5-year period immediately preceding the date of application for certification.

(b)  Beginning July 1, 2002, acceptable means of demonstrating mastery of professional preparation and education competence are:

1.  Completion of an approved teacher preparation program at a postsecondary institution within this state;

2.  Completion of a teacher preparation program at a postsecondary institution outside Florida and achievement of passing scores on the professional education competency examination required by state board rule;

3.  A valid standard teaching certificate issued by another state that requires an examination of mastery of professional education competence;

4.  A valid standard teaching certificate issued by another state and valid certificate issued by the National Board for Professional Teaching Standards;

5.  A valid standard teaching certificate issued by another state and documentation of 2 years of continuous successful full-time teaching or administrative experience during the 5-year period immediately preceding the date of application for certification; or

6.  Successful completion of the Department of Education's professional preparation and education competency program, outlined in paragraph (7)(a).

(6)  TYPES AND TERMS OF CERTIFICATION.--

(a)  The Department of Education shall issue a professional certificate for a period not to exceed 5 years to any applicant who meets all the requirements outlined in subsection (2).

(b)  The department shall issue a temporary certificate to any applicant who completes the requirements outlined in paragraphs (2)(a)-(f) and:

1.  Until July 1, 2002, completes the subject area content requirements specified in state board rule.

2.  Beginning July 1, 2002, completes the subject area content requirements specified in state board rule or achieves a passing score on the subject area examinations required by state board rule.

(c)  The department shall issue one nonrenewable 2-year temporary certificate and one nonrenewable 5-year professional certificate to a qualified applicant who holds a bachelor's degree in the area of speech-language impairment to allow for completion of a master's degree program in speech-language impairment.

Each temporary certificate is valid for 3 school fiscal years and is nonrenewable. However, the requirement in paragraph (2)(g) must be met within 1 calendar year of the date of employment under the temporary certificate. Individuals who are employed under contract at the end of the 1 calendar year time period may continue to be employed through the end of the school year in which they have been contracted. A school district shall not employ, or continue the employment of, an individual in a position for which a temporary certificate is required beyond this time period if the individual has not met the requirement of paragraph (2)(g). The State Board of Education shall adopt rules to allow the department to extend the validity period of a temporary certificate for 2 years when the requirements for the professional certificate, not including the requirement in paragraph (2)(g), were not completed due to the serious illness or injury of the applicant or other extraordinary extenuating circumstances. The department shall reissue the temporary certificate for 2 additional years upon approval by the Commissioner of Education. A written request for reissuance of the certificate shall be submitted by the superintendent of schools, the governing authority of a developmental research school, the governing authority of a state-supported school, or the governing authority of a nonpublic school.

(7)  PROFESSIONAL PREPARATION AND EDUCATION COMPETENCY PROGRAM.--

(a)  By July 1, 2002, the Department of Education shall develop and each school district must provide a cohesive competency-based preparation program by which members of a school district's instructional staff may satisfy the mastery of professional preparation and education competence requirements specified in rules of the State Board of Education. Participants must hold a state-issued temporary certificate. The program shall include the following components:

1.  A minimum period of initial preparation prior to assuming duties as the teacher of record.

2.  An option for collaboration between school districts and other supporting agencies for implementation.

3.  Experienced peer mentors.

4.  An assessment that provides for:

a.  An initial evaluation of each educator's competencies to determine an appropriate individualized professional development plan.

b.  A postevaluation to assure successful completion of the program.

5.  Content knowledge that includes, but is not limited to, the following:

a.  Requirements specified in state board rule for professional preparation.

b.  The educator-accomplished practices approved by the state board.

c.  A variety of data indicators for student progress.

d.  Methodologies, including technology-based methodologies, for teaching subject content that supports the Sunshine State Standards for students.

e.  Techniques for effective classroom management.

f.  Techniques and strategies for operationalizing the role of the teacher in assuring a safe learning environment for students.

g.  Methodologies for assuring the ability of all students to read, write, and compute.

6.  Required achievement of passing scores on the professional education competency examination required by state board rule.

(b)  Until July 1, 2002, each school district may use an alternative certification program by which members of the district's instructional staff may satisfy the professional education course requirements specified in rules of the state board for issuance of a professional certificate. The state board must adopt, by rule, standards and guidelines for the approval of alternative certification programs. Any program approved for use in a school district may be adopted and implemented by a school district other than the school district that developed the program. A district school board choosing to adopt an alternative certification program approved for another school district shall provide written notification of such action to the department. However, any modifications to an approved program shall be submitted to the department for approval. Each approved program must include methods for identifying each applicant's entry-level teaching competencies and must require each applicant to:

1.  Have expertise in the subject and meet requirements for specialization in a subject area for which a professional certificate may be issued under this chapter and rules of the state board.

2.  Complete training in only those competency areas in which deficiencies are identified.

3.  Complete the program within 2 years after initial employment as a member of the district's instructional staff.

4.  Achieve passing scores on the professional education competency examination required by state board rule.

Each district school board may expend educational training funds provided under ss. 231.600 and 236.081 to implement the provisions of this paragraph. The department must approve programs and systems developed to demonstrate professional preparation and education competence authorized by this paragraph.

(c)  Until July 1, 2002, each school district must develop and maintain a system by which members of the district's instructional staff may demonstrate mastery of professional education competence as required by law. Each district's program must be based on classroom application and instructional performance and must include a performance evaluation plan for documenting the demonstration of required professional education competence. Each individual employed as a member of the district's instructional staff must demonstrate such mastery within the first year after employment, unless the individual:

1.  Has completed an approved teacher preparation program at a postsecondary institution within this state;

2.  Has a valid teaching certificate issued by another state and demonstrated at least 2 years of successful full-time teaching experience in another state; or

3.  Is participating in the district's alternate certification program outlined in paragraph (b).

Each district school board may expend educational training funds provided under ss. 231.600 and 236.081 to implement the provisions of this paragraph. The department must approve programs and systems developed to demonstrate professional education competence authorized by this paragraph.

(8)  EXAMINATIONS.--

(a)  The Commissioner of Education, with the approval of the State Board of Education, may contract for developing, printing, administering, scoring, and appropriate analysis of the written examinations required.

(b)  The state board shall, by rule, specify the examination scores that are required for the issuance of a professional certificate and temporary certificate. Such rules must define generic subject area competencies and must establish uniform evaluation guidelines. Individuals who apply for their professional certificate before July 1, 2000, may demonstrate mastery of general knowledge pursuant to the alternative method specified by state board rule which must:

1.  Apply only to an applicant who has successfully completed all prerequisites for issuance of the professional certificate, except passing one specific subtest of the College Level Academic Skills Test, and who has taken and failed to achieve a passing score on that subtest at least four times.

2.  Require notification from the superintendent of schools of the employing school district, the governing authority of the employing developmental research school, or the governing authority of the employing state-supported school or nonpublic school that the applicant has satisfactorily demonstrated mastery of the subject area covered by that specific subtest through successful experience in the professional application of generic subject area competencies and proficient academic performance in that subject area. The decision of the superintendent of schools or governing authority shall be based on a review of the applicant's official academic transcript and notification from the applicant's principal, a peer teacher, and a district-level supervisor that the applicant has demonstrated successful professional experience in that subject area.

(c)  The state board shall designate the certification areas for subject area examinations. However, until July 1, 2002, an applicant may satisfy the subject area and professional education competence testing requirements by attaining scores on corresponding examinations from the National Teachers Examination series, or a successor to that series, that meet standards established by the state board. Until July 1, 2002, the College Level Academic Skills Test, a similar examination approved by the state board, corresponding examinations from the National Teachers Examination series, or other acceptable means pursuant to subsection (3) must be used to demonstrate mastery of general knowledge as required in subsection (2). All required examinations may be taken prior to graduation. An applicant who has passed the reading, writing, and mathematics subtest of the former Florida Teacher Certification Examination or has previously passed the College Level Academic Skills Test is not required to take the College Level Academic Skills Test.

(d)  If an applicant takes an examination developed by this state and does not achieve the score necessary for certification, the applicant may review his or her completed examination and bring to the attention of the department any errors that would result in a passing score.

(e)  For any examination developed by this state, the department and the state board shall maintain confidentiality of the examination, developmental materials, and workpapers, which are exempt from s. 119.07(1).

(f)  By July 1, 2002, the examinations used for demonstration of mastery of general knowledge, professional education competence, and subject area knowledge shall be aligned with student standards approved by the state board. The delivery system for these examinations shall provide for overall efficiency, user-friendly application, reasonable accessibility to prospective teachers, and prompt attainment of examination results. The examination of competency for demonstration of subject area knowledge shall be sufficiently comprehensive to assess subject matter expertise for individuals who have acquired subject knowledge either through college credit or by other means.

(9)  NONCITIZENS.--

(a)  The State Board of Education may adopt rules for issuing certificates to noncitizens who are needed to teach and who are legally admitted to the United States through the United States Immigration and Naturalization Service. The filing of a written oath to uphold the principles of the Constitution of the United States and the Constitution of the State of Florida, required under paragraph (2)(b), does not apply to individuals assigned to teach on an exchange basis.

(b)  A certificate may not be issued to a citizen of a nation controlled by forces that are antagonistic to democratic forms of government, except to an individual who has been legally admitted to the United States through the United States Immigration and Naturalization Service.

(10)  DENIAL OF CERTIFICATE.--

(a)  The Department of Education may deny an applicant a certificate if the department possesses evidence satisfactory to it that the applicant has committed an act or acts, or that a situation exists, for which the Education Practices Commission would be authorized to revoke a teaching certificate.

(b)  The decision of the department is subject to review by the Education Practices Commission upon the filing of a written request from the applicant within 20 days after receipt of the notice of denial.

(11)  STATE BOARD RULES.--The State Board of Education shall adopt rules as necessary to implement this section.

(12)  PRIOR APPLICATION.--Persons who apply for certification are governed by the law and rules in effect at the time of application for issuance of the initial certificate, provided that continuity of certificates is maintained.

(13)  PERSONNEL RECORDS.--The Department of Education shall maintain a complete statement of the academic preparation, professional training, and teaching experience of each person to whom a certificate is issued. The applicant or the superintendent of schools shall furnish the information using a format or forms provided by the department.

(14)  AUTHORITY OF COMMISSIONER.--The Commissioner of Education may make decisions regarding an applicant's certification under extenuating circumstances not otherwise provided for in statute or by rule. However, an applicant for certification approved by the commissioner must possess the credentials, knowledge, and skills necessary to provide quality education in the public schools.

(15)  COMPARISON OF ROUTES TO A PROFESSIONAL CERTIFICATE.--Beginning with the 2003-2004 school year, the Department of Education shall conduct a longitudinal study to compare performance of certificateholders who are employed in Florida school districts. The study shall compare a sampling of educators who have qualified for a professional certificate since July 1, 2002, based on the following:

(a)  Graduation from a state-approved teacher preparation program.

(b)  Completion of a state-approved professional preparation and education competency program.

(c)  A valid standard teaching certificate issued by a state other than Florida.

The department comparisons shall be made to determine if there is any significant difference in the performance of these groups of teachers, as measured by their students' achievement levels and learning gains as measured by s. 229.57.

History.--s. 517, ch. 19355, 1939; CGL 1940 Supp. 892(121); s. 2, ch. 21989, 1943; s. 19, ch. 23726, 1947; s. 1, ch. 26894, 1951; s. 5, ch. 29754, 1955; s. 10, ch. 57-249; s. 6, ch. 59-371; s. 10, ch. 63-376; s. 2, ch. 65-144; s. 59, ch. 65-239; s. 5, ch. 67-387; ss. 15, 35, ch. 69-106; s. 18, ch. 69-353; s. 1, ch. 70-36; s. 1, ch. 71-177; s. 3, ch. 76-168; s. 1, ch. 77-116; s. 10, ch. 77-121; s. 1, ch. 77-129; s. 1, ch. 77-457; s. 3, ch. 78-423; ss. 110, 119, ch. 79-222; ss. 1, 11, ch. 80-190; ss. 2, 4, 6, 11, 13, ch. 80-325; ss. 2, 10, ch. 80-378; s. 1, ch. 81-243; ss. 2, 3, ch. 81-318; ss. 10, 30, ch. 82-242; s. 3, ch. 83-265; s. 20, ch. 83-324; s. 1, ch. 84-44; s. 1, ch. 84-130; s. 2, ch. 84-272; s. 28, ch. 84-317; s. 59, ch. 84-336; s. 7, ch. 85-248; ss. 3, 15, ch. 86-156; s. 2, ch. 87-76; s. 1, ch. 88-54; s. 18, ch. 89-278; s. 2, ch. 90-285; s. 8, ch. 90-288; s. 62, ch. 90-360; s. 20, ch. 91-105; s. 4, ch. 91-429; s. 144, ch. 94-209; s. 30, ch. 94-232; s. 4, ch. 94-310; s. 1534, ch. 95-147; s. 1, ch. 95-306; s. 4, ch. 95-411; s. 79, ch. 96-406; s. 1, ch. 97-4; s. 40, ch. 97-170; s. 17, ch. 97-246; s. 1, ch. 98-163; s. 4, ch. 98-281; s. 54, ch. 99-398; s. 19, ch. 2000-301; s. 8, ch. 2001-47; s. 2, ch. 2001-90.

231.1715  Confidentiality of examinations.--All examination instruments, including developmental materials and workpapers directly related thereto, which are prepared, prescribed, or administered pursuant to s. 231.17 shall be confidential and exempt from the provisions of s. 119.07(1) and from ss. 229.781 and 230.331. Provisions governing access to, maintenance of, and destruction of such instruments and related materials shall be prescribed by rules of the State Board of Education.

History.--s. 16, ch. 86-156; s. 2, ch. 88-54; s. 63, ch. 90-360; s. 80, ch. 96-406; s. 20, ch. 2000-301.

231.1725  Employment of substitute teachers, teachers of adult education, nondegreed teachers of career education, and career specialists; students performing clinical field experience.--

(1)  Notwithstanding ss. 231.02, 231.15, 231.17, and 231.1726, or any other provision of law or rule to the contrary, each district school board shall establish the minimal qualifications for:

(a)  Substitute teachers to be employed pursuant to s. 231.47. The qualifications shall require the filing of a complete set of fingerprints in the same manner as required by s. 231.02.

(b)  Part-time and full-time teachers in adult education programs. The qualifications shall require the filing of a complete set of fingerprints in the same manner as required by s. 231.02. Faculty employed solely to conduct postsecondary instruction may be exempted from this requirement.

(c)  Part-time and full-time nondegreed teachers of vocational programs. Qualifications shall be established for agriculture, business, health occupations, family and consumer sciences, industrial, marketing, career specialist, and public service education teachers, based primarily on successful occupational experience rather than academic training. The qualifications for such teachers shall require:

1.  The filing of a complete set of fingerprints in the same manner as required by s. 231.02. Faculty employed solely to conduct postsecondary instruction may be exempted from this requirement.

2.  Documentation of education and successful occupational experience including documentation of:

a.  A high school diploma or the equivalent.

b.  Completion of 6 years of full-time successful occupational experience or the equivalent of part-time experience in the teaching specialization area. Alternate means of determining successful occupational experience may be established by the district school board.

c.  Completion of career education training conducted through the local school district inservice master plan.

d.  For full-time teachers, completion of professional education training in teaching methods, course construction, lesson planning and evaluation, and teaching special needs students. This training may be completed through coursework from a standard institution or an approved district teacher education program.

e.  Demonstration of successful teaching performance.

(2)  Substitute, adult education, and nondegreed career education teachers who are employed pursuant to this section shall have the same rights and protection of laws as certified teachers.

(3)  A student who is enrolled in a state-approved teacher preparation program in an institution of higher education which is approved by rules of the State Board of Education and who is jointly assigned by the institution of higher education and a district school board to perform a clinical field experience under the direction of a regularly employed and certified educator shall, while serving such supervised clinical field experience, be accorded the same protection of law as that accorded to the certified educator except for the right to bargain collectively as an employee of the district school board.

History.--s. 3, ch. 90-285; ss. 10, 11, ch. 90-288; s. 23, ch. 91-105; s. 4, ch. 91-429; s. 39, ch. 92-136; s. 31, ch. 94-232; s. 55, ch. 97-190; s. 20, ch. 97-246; s. 5, ch. 98-281; s. 55, ch. 99-398; s. 21, ch. 2000-301; s. 19, ch. 2001-47.

231.1726  Certification of adjunct educators.--

(1)  Notwithstanding the provisions of ss. 231.02, 231.15, and 231.17, or any other provision of law or rule to the contrary, district school boards may issue an adjunct teaching certificate to any applicant who fulfills the requirements of s. 231.17(2)(a)-(f) and who has expertise in the subject area to be taught. An applicant shall be considered to have expertise in the subject area to be taught if the applicant has at least a minor in the subject area or demonstrates sufficient subject area mastery as determined by school board policy. The adjunct teaching certificate shall be used for part-time teaching positions. The intent of this provision is to allow school districts to tap the wealth of talent and expertise represented in Florida's citizens who may wish to teach part-time in a Florida public school by permitting school districts to issue adjunct certificates. Adjunct certificateholders should be used as a strategy to reduce the teacher shortage; thus, adjunct certificateholders should supplement a school's instructional staff, not supplant it. Each school principal shall assign an experienced peer mentor to assist the adjunct teaching certificateholder during the certificateholder's first year of teaching, and an adjunct certificateholder may participate in a district's new teacher training program. District school boards shall provide the adjunct teaching certificateholder an orientation in classroom management prior to assigning the certificateholder to a school. Each adjunct teaching certificate is valid for 5 school years and is renewable if:

(a)  The applicant completes a minimum of 60 inservice points or 3 semester hours of college credit. The earned credits must include instruction in classroom management, district school board procedures, school culture, and other activities that enhance the professional teaching skills of the certificateholder.

(b)  The applicant has received satisfactory performance evaluations during each year of teaching under adjunct teaching certification.

(2)  Individuals who are certified and employed pursuant to this section shall have the same rights and protection of laws as teachers certified pursuant to s. 231.17.

History.--s. 9, ch. 2001-47.

231.174  Alternative preparation programs for certified teachers to add additional coverage.--A district school board may design alternative teacher preparation programs to enable persons already certificated to add an additional coverage to their certificates. Each alternative teacher preparation program shall be reviewed and approved by the Department of Education to assure that persons who complete the program are competent in the necessary areas of subject matter specialization. Two or more school districts may jointly participate in an alternative preparation program for teachers.

History.--s. 15, ch. 90-288; s. 56, ch. 99-398.

231.24  Process for renewal of professional certificates.--

(1)(a)  School districts in this state shall renew state-issued professional certificates as follows:

1.  Each school district shall renew state-issued professional certificates for individuals who hold a professional certificate by this state and are employed by that district pursuant to criteria established in subsections (2), (3), and (4) and requirements specified in rules of the State Board of Education.

2.  The employing school district may charge the individual an application fee not to exceed the amount charged by the Department of Education for such services, including associated late renewal fees. Each district school board shall transmit monthly to the department a fee in an amount established by the state board for each renewed certificate. The fee shall not exceed the actual cost for maintenance and operation of the statewide certification database and for the actual costs incurred in printing and mailing such renewed certificates. As defined in current rules of the state board, the department shall contribute a portion of such fee for purposes of funding the Educator Recovery Network established in s. 231.263. The department shall deposit all funds into the Educational Certification Trust Fund for use as specified in s. 231.30.

(b)  The department shall renew state-issued professional certificates for individuals who are not employed by a district school board of this state pursuant to criteria established in subsections (2), (3), and (4) and requirements specified in rules of the state board.

(2)(a)  All professional certificates, except a nonrenewable professional certificate, shall be renewable for successive periods not to exceed 5 years after the date of submission of documentation of completion of the requirements for renewal provided in subsection (3). Only one renewal may be granted during each 5-year validity period of a professional certificate.

(b)  A teacher with national certification from the National Board for Professional Teaching Standards is deemed to meet state renewal requirements for the life of the teacher's national certificate in the subject shown on the national certificate.

(c)  If the renewal application form is not received by the department or by the employing school district before the expiration of the professional certificate, the application form, application fee, and a late fee must be submitted before July 1 of the year following expiration of the certificate in order to renew the professional certificate.

(d)  The state board shall adopt rules to allow a 1-year extension of the validity period of a professional certificate in the event of serious illness, injury, or other extraordinary extenuating circumstances of the applicant. The department shall grant such 1-year extension upon written request by the applicant or by the superintendent of schools of the local school district or the governing authority of a developmental research school, state-supported school, or nonpublic school that employs the applicant.

(3)  For the renewal of a professional certificate, the following requirements must be met:

(a)  The applicant must earn a minimum of 6 college credits or 120 inservice points or a combination thereof. For each area of specialization to be retained on a certificate, the applicant must earn at least 3 of the required credit hours or equivalent inservice points in the specialization area. Education in "clinical educator" training pursuant to s. 240.529(5)(b) and credits or points that provide training in the area of exceptional student education, normal child development, and the disorders of development may be applied toward any specialization area. Credits or points that provide training in the areas of drug abuse, child abuse and neglect, strategies in teaching students having limited proficiency in English, or dropout prevention, or training in areas identified in the educational goals and performance standards adopted pursuant to ss. 229.591(3) and 229.592 may be applied toward any specialization area. Credits or points earned through approved summer institutes may be applied toward the fulfillment of these requirements. Inservice points may also be earned by participation in professional growth components approved by the State Board of Education and specified pursuant to s. 231.600 in the district's approved master plan for inservice educational training, including, but not limited to, serving as a trainer in an approved teacher training activity, serving on an instructional materials committee or a state board or commission that deals with educational issues, or serving on an advisory council created pursuant to s. 229.58.

(b)  In lieu of college course credit or inservice points, the applicant may renew a specialization area by passage of a state board approved subject area test.

(c)  If an applicant wishes to retain more than two specialization areas on the certificate, the applicant shall be permitted two successive validity periods for renewal of all specialization areas, but must earn no fewer than 6 college course credit hours or the equivalent in any one validity period.

(d)  The state board shall approve rules for the expanded use of training for renewal of the professional certificate for educators who are required to complete training in teaching students of limited English proficiency as follows:

1.  A teacher who holds a professional certificate may use college credits or inservice points completed in English-for-Speakers-of-Other-Languages training in excess of 6 semester hours during one certificate-validity period toward renewal of the professional certificate during the subsequent validity periods.

2.  A teacher who holds a temporary certificate may use college credits or inservice points completed in English-for-Speakers-of-Other-Languages training toward renewal of the teacher's first professional certificate. Such training must not have been included within the degree program, and the teacher's temporary and professional certificates must be issued for consecutive school years.

(4)  When any person who holds a valid temporary certificate or professional certificate is called into or volunteers for actual wartime service or required peacetime military service training, the certificate shall be renewed for a period of time equal to the time spent in military service if the person makes proper application and presents substantiating evidence to the department or the employing school district regarding such military service.

(5)  The State Board of Education shall adopt rules to allow the reinstatement of expired professional certificates. The department may reinstate an expired professional certificate within 5 years after the date of expiration if the certificateholder:

(a)  Submits an application for reinstatement of the expired certificate.

(b)  Documents completion of 6 college credits during the 5 years immediately preceding reinstatement of the expired certificate, completion of 120 inservice points, or a combination thereof, in an area specified in paragraph (3)(a).

(c)  During the 5 years immediately preceding reinstatement of the certificate, achieves a passing score on the subject area test for each subject to be shown on the reinstated certificate.

The requirements of this subsection may not be satisfied by subject area tests or college credits completed for issuance of the certificate that has expired.

History.--s. 524, ch. 19355, 1939; CGL 1940 Supp. 892(128); s. 1, ch. 20909, 1941; s. 4, ch. 26894, 1951; s. 7, ch. 59-371; ss. 15, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 4, ch. 78-423; s. 11, ch. 80-190; ss. 2, 3, ch. 81-318; s. 30, ch. 82-242; s. 3, ch. 83-265; s. 3, ch. 84-272; ss. 4, 5, 15, ch. 86-156; s. 1, ch. 90-285; s. 16, ch. 90-288; s. 2, ch. 91-182; s. 4, ch. 91-429; s. 1, ch. 92-106; s. 145, ch. 94-209; s. 33, ch. 94-232; s. 1535, ch. 95-147; s. 6, ch. 95-236; s. 2, ch. 97-4; s. 2, ch. 98-163; s. 4, ch. 98-309; s. 32, ch. 99-398; s. 23, ch. 2000-301.

231.245  Saving clause.--Each applicant who was issued a certificate by the department prior to June 25, 1986, shall be entitled to hold such certificate. Henceforth, such certificate shall be renewed in accordance with the provisions of chapter 86-156, Laws of Florida. No judicial or administrative proceeding against a holder of a certificate shall be abated as a result of the reenactment of this chapter.

History.--s. 14, ch. 86-156.

231.261  Education Practices Commission; organization.--

(1)  The Education Practices Commission consists of 17 members, including 7 teachers, 5 administrators, and 5 lay citizens (of whom 2 shall be former district school board members), appointed by the State Board of Education from nominations by the Commissioner of Education and subject to Senate confirmation. Prior to making nominations, the commissioner shall consult with the teaching and other involved associations in the state. In making nominations, the commissioner shall attempt to achieve equal geographical representation, as closely as possible.

(a)  A teacher member, in order to be qualified for appointment:

1.  Must be certified to teach in the state.

2.  Must be a resident of the state.

3.  Must have practiced the profession in this state for at least 5 years immediately preceding the appointment.

(b)  A school administrator member, in order to be qualified for appointment:

1.  Must have an endorsement on the teaching certificate in the area of school administration or supervision.

2.  Must be a resident of the state.

3.  Must have practiced the profession as an administrator for at least 5 years immediately preceding the appointment.

(c)  The lay members must be residents of the state.

(2)  Members of the commission shall serve for 4-year staggered terms. No commission member may serve more than 8 years.

(3)  The State Board of Education may remove any member from the commission for misconduct or malfeasance in office, incapacity, or neglect of duty.

(4)  From among its members, the commission shall elect a chair who shall preside over meetings of the commission and perform other duties directed by the commission or required by its duly adopted rules or operating procedures. School districts shall be reimbursed for substitute teachers required to replace commission members, when they are carrying out their official duties, at a rate established by the school district for substitute teachers. The department may reimburse local school districts for substitutes.

(5)  The commission, by a vote of three-fourths of the membership, shall employ an executive director, who shall be exempt from career service. The executive director may be dismissed by a majority vote of the membership.

(6)(a)  The commission shall be assigned to the Department of Education for administrative purposes. The commission, in the performance of its powers and duties, shall not be subject to control, supervision, or direction by the Department of Education.

(b)  The property, personnel, and appropriations related to the specified authority, powers, duties, and responsibilities of the commission shall be provided to the commission by the Department of Education.

(7)  The duties and responsibilities of the commission are to:

(a)  Interpret and apply the standards of professional practice established by the State Board of Education.

(b)  Revoke or suspend a certificate or take other appropriate action as provided in ss. 231.17 and 231.262.

(c)  Report to and meet with the Education Standards Commission at least once each year.

(d)  Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of law conferring duties upon it.

(8)(a)  The commission shall, from time to time, designate members of the commission to serve on panels for the purpose of reviewing and issuing final orders upon cases presented to the commission. A case concerning a complaint against a teacher shall be reviewed and a final order thereon shall be entered by a panel composed of seven commission members, four of whom shall be teachers. A case concerning a complaint against an administrator shall be reviewed and a final order thereon shall be entered by a panel composed of seven commission members, four of whom shall be administrators.

(b)  A majority of a quorum of a panel of the commission shall have final agency authority in all cases involving the revocation, suspension, or other disciplining of certificates of teachers and school administrators. A majority of the membership of the panel shall constitute a quorum. The district school board shall retain the authority to discipline teachers and administrators pursuant to law.

(9)  The commission shall make such expenditures as may be necessary in exercising its authority and powers and carrying out its duties and responsibilities, including expenditures for personal services, general counsel or access to counsel, and rent at the seat of government and elsewhere; for books of reference, periodicals, furniture, equipment, and supplies; and for printing and binding. The expenditures of the commission shall be subject to the powers and duties of the Department of Banking and Finance as provided in s. 17.03.

(10)  The commission shall be financed from the following: certification fees; fines, penalties, and costs collected pursuant to s. 231.262(9); and general revenue.

History.--ss. 6, 11, ch. 80-190; ss. 1, 2, ch. 81-217; s. 136, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 1, 4, ch. 82-46; ss. 28, 30, ch. 82-242; s. 2, ch. 83-265; ss. 1, 4, 5, 6, 7, ch. 85-221; ss. 4, 5, ch. 91-429; s. 34, ch. 94-232; s. 15, ch. 96-369; s. 30, ch. 97-96; s. 32, ch. 98-200; s. 6, ch. 98-281; s. 100, ch. 99-2; s. 24, ch. 2000-301; s. 16, ch. 2001-47.

231.2615  Education Practices Commission; authority to discipline.--

(1)  The Education Practices Commission may suspend the teaching certificate of any person as defined in s. 228.041(9) or (10) for a period of time not to exceed 3 years, thereby denying that person the right to teach for that period of time, after which the holder may return to teaching as provided in subsection (4); to revoke the teaching certificate of any person, thereby denying that person the right to teach for a period of time not to exceed 10 years, with reinstatement subject to the provisions of subsection (4); to revoke permanently the teaching certificate of any person; to suspend the teaching certificate, upon order of the court, of any person found to have a delinquent child support obligation; or to impose any other penalty provided by law, provided it can be shown that the person:

(a)  Obtained the teaching certificate by fraudulent means.

(b)  Has proved to be incompetent to teach or to perform duties as an employee of the public school system or to teach in or to operate a private school.

(c)  Has been guilty of gross immorality or an act involving moral turpitude.

(d)  Has had a teaching certificate revoked in another state.

(e)  Has been convicted of a misdemeanor, felony, or any other criminal charge, other than a minor traffic violation.

(f)  Upon investigation, has been found guilty of personal conduct which seriously reduces that person's effectiveness as an employee of the district school board.

(g)  Has breached a contract, as provided in s. 231.36(2).

(h)  Has been the subject of a court order directing the Education Practices Commission to suspend the certificate as a result of a delinquent child support obligation.

(i)  Has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules.

(j)  Has otherwise violated the provisions of law, the penalty for which is the revocation of the teaching certificate.

(k)  Has violated any order of the Education Practices Commission.

(2)  The plea of guilty in any court, the decision of guilty by any court, the forfeiture by the teaching certificateholder of a bond in any court of law, or the written acknowledgment, duly witnessed, of offenses listed in subsection (1) to the superintendent of schools or a duly appointed representative or to the district school board shall be prima facie proof of grounds for revocation of the certificate as listed in subsection (1) in the absence of proof by the certificateholder that the plea of guilty, forfeiture of bond, or admission of guilt was caused by threats, coercion, or fraudulent means.

(3)  The revocation by the Education Practices Commission of a teaching certificate of any person automatically revokes any and all Florida teaching certificates held by that person.

(4)(a)  A teaching certificate which has been suspended under this section is automatically reinstated at the end of the suspension period, provided the certificate did not expire during the period of suspension. If the certificate expired during the period of suspension, the holder of the former certificate may secure a new certificate by making application therefor and by meeting the certification requirements of the state board current at the time of the application for the new certificate. A teaching certificate suspended pursuant to a court order for a delinquent child support obligation may only be reinstated upon notice from the court that the party has complied with the terms of the court order.

(b)  A person whose teaching certificate has been revoked under this section may apply for a new certificate at the expiration of that period of ineligibility fixed by the Education Practices Commission by making application therefor and by meeting the certification requirements of the state board current at the time of the application for the new certificate.

(5)  Each superintendent of schools and the governing authority of each developmental research school, state-supported school, or nonpublic school shall report to the department the name of any person certified pursuant to this chapter or employed and qualified pursuant to s. 231.1725:

(a)  Who has been convicted of, or who has pled nolo contendere to, a misdemeanor, felony, or any other criminal charge, other than a minor traffic infraction;

(b)  Who that official has reason to believe has committed or is found to have committed any act which would be a ground for revocation or suspension under subsection (1); or

(c)  Who has been dismissed or severed from employment because of conduct involving any immoral, unnatural, or lascivious act.

(6)(a)  When an individual violates the provisions of a settlement agreement enforced by a final order of the Education Practices Commission, an order to show cause may be issued by the clerk of the commission. The order shall require the individual to appear before the commission to show cause why further penalties should not be levied against the individual's certificate pursuant to the authority provided to the Education Practices Commission in subsection (1). The Education Practices Commission may fashion further penalties under the authority of subsection (1) as deemed appropriate when the show cause order is responded to by the individual.

(b)  The Education Practices Commission shall issue a final order revoking an individual's Florida educator's certificate for a minimum of 1 year under the following circumstances:

1.  If the individual:

a.  Has been found to have violated the provisions of this section, such that the Education Practices Commission has the authority to discipline the individual's Florida educator's certificate on two separate occasions;

b.  Has twice entered into a settlement agreement enforced by a final order of the Education Practices Commission; or

c.  Has been found to have violated the provisions of this section, such that the Education Practices Commission has the authority to discipline the individual's Florida educator's certificate on one occasion and entered into a settlement agreement enforced by a final order of the Education Practices Commission on one occasion; and

2.  A third finding of probable cause and a finding that the allegations are proven or admitted to is subsequently found by the Commissioner of Education.

If, in the third instance, the individual enters into a settlement agreement with the Department of Education, that agreement shall also include a penalty revoking that individual's Florida educator's certificate for a minimum of 1 year.

History.--s. 528, ch. 19355, 1939; CGL 1940 Supp. 892(132); s. 6, ch. 29754, 1955; s. 2, ch. 59-339; s. 1, ch. 63-225; s. 1, ch. 63-248; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 1, ch. 71-199; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 13, ch. 78-95; ss. 2, 11, ch. 80-190; ss. 2, 3, ch. 81-318; ss. 12, 28, 31, ch. 82-242; s. 2, ch. 84-44; ss. 1, 5, ch. 84-94; ss. 3, 4, 5, ch. 85-221; s. 4, ch. 91-429; s. 8, ch. 93-208; s. 36, ch. 94-232; s. 5, ch. 97-4; s. 16, ch. 98-281; s. 27, ch. 2000-301.

Note.--Former s. 231.28.

231.262  Complaints against teachers and administrators; procedure; penalties.--

(1)(a)  The Department of Education shall cause to be investigated expeditiously any complaint filed before it or otherwise called to its attention which, if legally sufficient, contains grounds for the revocation or suspension of a certificate or any other appropriate penalty as set forth in subsection (7). The complaint is legally sufficient if it contains the ultimate facts which show a violation has occurred as provided in s. 231.2615. The department may investigate or continue to investigate and take appropriate action in a complaint even though the original complainant withdraws the complaint or otherwise indicates a desire not to cause it to be investigated or prosecuted to completion. The department may investigate or continue to investigate and take action on a complaint filed against a person whose teaching certificate has expired if the act or acts which are the basis for the complaint were allegedly committed while that person possessed a teaching certificate.

(b)  When an investigation is undertaken, the department shall notify the certificateholder and the superintendent of schools in the district in which the certificateholder is employed and shall inform the certificateholder of the substance of any complaint which has been filed against that certificateholder, unless the department determines that such notification would be detrimental to the investigation, in which case the department may withhold notification.

(c)  Each school district shall file in writing with the department all legally sufficient complaints within 30 days after the date on which subject matter of the complaint comes to the attention of the school district. The school district shall include all information relating to the complaint which is known to the school district at the time of filing. Each district school board shall develop policies and procedures to comply with this reporting requirement. The district school board policies and procedures shall include appropriate penalties for all personnel of the district school board for nonreporting and procedures for promptly informing the superintendent of schools of each legally sufficient complaint. The superintendent of schools is charged with knowledge of these policies and procedures. If the superintendent of schools has knowledge of a legally sufficient complaint and does not report the complaint, or fails to enforce the policies and procedures of the district school board, and fails to comply with the requirements of this subsection, in addition to other actions against certificateholders authorized by law, the superintendent of schools shall be subject to penalties as specified in s. 230.33(13). This paragraph does not limit or restrict the power and duty of the department to investigate complaints as provided in paragraphs (a) and (b), regardless of the school district's untimely filing, or failure to file, complaints and followup reports.

(2)  The Commissioner of Education shall develop job specifications for investigative personnel employed by the department. Such specifications shall be substantially equivalent to or greater than those job specifications of investigative personnel employed by the Department of Business and Professional Regulation. The department may contract with the Department of Business and Professional Regulation for investigations. No person who is responsible for conducting an investigation of a teacher or administrator may prosecute the same case. The department general counsel or members of that staff may conduct prosecutions under this section.

(3)  The department staff shall advise the commissioner concerning the findings of the investigation. The department general counsel or members of that staff shall review the investigation and advise the commissioner concerning probable cause or lack thereof. The determination of probable cause shall be made by the commissioner. The commissioner shall provide an opportunity for a conference, if requested, prior to determining probable cause. The commissioner may enter into deferred prosecution agreements in lieu of finding probable cause when in his or her judgment such agreements would be in the best interests of the department, the certificateholder, and the public. Such deferred prosecution agreements shall become effective when filed with the clerk of the Education Practices Commission. However, a deferred prosecution agreement shall not be entered into where there is probable cause to believe that a felony or an act of moral turpitude has occurred. Upon finding no probable cause, the commissioner shall dismiss the complaint.

(4)  The complaint and all information obtained pursuant to the investigation by the department shall be confidential and exempt from the provisions of s. 119.07(1) until the conclusion of the preliminary investigation of the complaint, until such time as the preliminary investigation ceases to be active, or until such time as otherwise provided by s. 231.263(6). However, the complaint and all material assembled during the investigation may be inspected and copied by the certificateholder under investigation, or the certificateholder's designee, after the investigation is concluded, but prior to the determination of probable cause by the commissioner. If the preliminary investigation is concluded with the finding that there is no probable cause to proceed, the complaint and information shall be open thereafter to inspection pursuant to s. 119.07(1). If the preliminary investigation is concluded with the finding that there is probable cause to proceed and a complaint is filed pursuant to subsection (6), the complaint and information shall be open thereafter to inspection pursuant to s. 119.07(1). If the preliminary investigation ceases to be active, the complaint and all such material shall be open thereafter to inspection pursuant to s. 119.07(1), except as otherwise provided pursuant to s. 231.263(6). For the purpose of this subsection, a preliminary investigation shall be considered active as long as it is continuing with a reasonable, good faith anticipation that an administrative finding will be made in the foreseeable future.

(5)  When deemed necessary to protect the health, safety, and welfare of a minor student, the superintendent of schools in consultation with the school principal may, and upon the request of the Commissioner of Education shall, temporarily suspend a certificateholder from the certificateholder's regularly assigned duties, with pay, and reassign the suspended certificateholder to a position that does not require direct contact with students in the district school system. Such suspension shall continue until the completion of the proceedings and the determination of sanctions, if any, pursuant to this section and s. 231.2615.

(6)  Upon the finding of probable cause, the commissioner shall file a formal complaint and prosecute the complaint pursuant to the provisions of chapter 120. An administrative law judge shall be assigned by the Division of Administrative Hearings of the Department of Management Services to hear the complaint if there are disputed issues of material fact. The administrative law judge shall make recommendations in accordance with the provisions of subsection (7) to the appropriate Education Practices Commission panel which shall conduct a formal review of such recommendations and other pertinent information and issue a final order. The commission shall consult with its legal counsel prior to issuance of a final order.

(7)  A panel of the commission shall enter a final order either dismissing the complaint or imposing one or more of the following penalties:

(a)  Denial of an application for a teaching certificate or for an administrative or supervisory endorsement on a teaching certificate. The denial may provide that the applicant may not reapply for certification, and that the department may refuse to consider that applicant's application, for a specified period of time or permanently.

(b)  Revocation or suspension of a certificate.

(c)  Imposition of an administrative fine not to exceed $2,000 for each count or separate offense.

(d)  Placement of the teacher, administrator, or supervisor on probation for a period of time and subject to such conditions as the commission may specify, including requiring the certified teacher, administrator, or supervisor to complete additional appropriate college courses or work with another certified educator, with the administrative costs of monitoring the probation assessed to the educator placed on probation.

(e)  Restriction of the authorized scope of practice of the teacher, administrator, or supervisor.

(f)  Reprimand of the teacher, administrator, or supervisor in writing, with a copy to be placed in the certification file of such person.

(g)  Imposition of an administrative sanction, upon a person whose teaching certificate has expired, for an act or acts committed while that person possessed a teaching certificate or an expired certificate subject to late renewal, which sanction bars that person from applying for a new certificate for a period of 10 years or less, or permanently.

(8)  Violations of the provisions of probation shall result in an order to show cause issued by the clerk of the Education Practices Commission. Upon failure of the probationer, at the time and place stated in the order, to show cause satisfactorily to the Education Practices Commission why a penalty for violating probation should not be imposed, the Education Practices Commission shall impose whatever penalty is appropriate as established in s. 231.2615(6). Any probation period will be tolled when an order to show cause has been issued until the issue is resolved by the Education Practices Commission.

(9)  All moneys collected by, or awarded to, the commission as fees, fines, penalties, or costs shall be deposited into the Educational Certification and Service Trust Fund pursuant to s. 231.30.

History.--ss. 6, 11, ch. 80-190; ss. 2, 3, ch. 81-318; ss. 11, 28, 30, ch. 82-242; s. 3, ch. 83-135; ss. 2, 4, 5, ch. 85-221; s. 1, ch. 88-25; s. 3, ch. 89-278; s. 64, ch. 90-360; s. 4, ch. 91-429; s. 92, ch. 92-279; s. 55, ch. 92-326; s. 26, ch. 94-218; s. 35, ch. 94-232; s. 1536, ch. 95-147; s. 81, ch. 96-406; s. 49, ch. 96-410; s. 15, ch. 98-281; s. 25, ch. 2000-301; s. 10, ch. 2001-47; s. 14, ch. 2001-61.

231.263  Recovery network program for educators.--

(1)  RECOVERY NETWORK ESTABLISHED.--There is created within the Department of Education, to begin on July 1, 1994, a recovery network program to assist educators who are impaired as a result of alcohol abuse, drug abuse, or a mental condition in obtaining treatment to permit their continued contribution to the education profession. Any person who holds certification issued by the department pursuant to s. 231.17 is eligible for the assistance.

(2)  STAFF.--

(a)  The department shall employ an administrator and staff as are necessary to be assigned exclusively to the recovery network program.

(b)  The Commissioner of Education shall establish the criteria for and appoint the staff of the program.

(c)  The department may contract with other professionals to implement this section.

(3)  PURPOSE.--The recovery network program shall assist educators in obtaining treatment and services from approved treatment providers, but each impaired educator must pay for his or her treatment under terms and conditions agreed upon by the impaired educator and the treatment provider. A person who is admitted to the program must contract with the treatment provider and the program. The treatment contract must prescribe the type of treatment and the responsibilities of the impaired educator and of the provider and must provide that the impaired educator's progress will be monitored by the program.

(4)  APPROVAL OF TREATMENT PROVIDERS.--The recovery network program shall locate, evaluate, and approve qualified treatment providers.

(5)  RELATIONSHIP WITH EDUCATION PRACTICES COMMISSION AND DEPARTMENT.--The recovery network program shall operate independently of, but may cooperate with, the Office of Professional Practices Services of the Department of Education and the Education Practices Commission. A person's participation in the program entitles the commissioner to enter into a deferred prosecution agreement pursuant to s. 231.262, or such participation may be considered a factor in mitigation of or a condition of disciplinary action against the person's certificate by the Education Practices Commission pursuant to s. 231.2615.

(6)  PARTICIPATION.--The recovery network program shall operate independently of employee assistance programs operated by local school districts, and the powers and duties of school districts to make employment decisions, including disciplinary decisions, is not affected except as provided in this section:

(a)  A person who is not subject to investigation or proceedings under ss. 231.2615 and 231.262 may voluntarily seek assistance through a local school district employee assistance program for which he or she is eligible and through the recovery network, regardless of action taken against him or her by a school district. Voluntarily seeking assistance alone does not subject a person to proceedings under ss. 231.2615 and 231.262.

(b)  A person who is subject to investigation or proceedings under ss. 231.2615 and 231.262 may be required to participate in the program. The program may approve a local employee assistance program as a treatment provider or as a means of securing a treatment provider. The program and the local school district shall cooperate so that the person may obtain treatment without limiting the school district's statutory powers and duties as an employer or the disciplinary procedures under ss. 231.2615 and 231.262.

(c)  A person who has not previously been under investigation by the department may be enrolled in a treatment program by the recovery network after an investigation has commenced, if the person:

1.  Acknowledges his or her impairment.

2.  Agrees to evaluation, as approved by the recovery network.

3.  Agrees to enroll in an appropriate treatment program approved by the recovery network.

4.  Executes releases for all medical and treatment records regarding his or her impairment and participation in a treatment program to the recovery network, pursuant to 42 U.S.C. s. 290dd-3 and the federal regulations adopted thereunder.

5.  Enters into a deferred prosecution agreement with the commissioner, which provides that no prosecution shall be instituted concerning the matters enumerated in the agreement if the person is properly enrolled in the treatment program and successfully completes the program as certified by the recovery network. The commissioner is under no obligation to enter into a deferred prosecution agreement with the educator but may do so if he or she determines that it is in the best interest of the educational program of the state.

6.  Has not previously entered a substance abuse program.

7.  Is not being investigated for any action involving commission of a felony or violent act against another person.

8.  Has not had multiple arrests for minor drug use, possession, or abuse of alcohol.

(7)  REFERRAL TO NETWORK WHEN NO PROBABLE CAUSE IS DETERMINED.--If a complaint is made to the department against a teacher or an administrator pursuant to s. 231.262 and a finding of no probable cause indicates that no concern other than impairment exists, the department shall inform the person of the availability of assistance provided by the recovery network program.

(8)  ADMISSION.--A person who is referred or who requests admission to the recovery network program shall be temporarily admitted pending a finding that he or she has:

(a)  Acknowledged his or her impairment problem.

(b)  Agreed to evaluation as approved by the recovery network program.

(c)  Voluntarily enrolled in an appropriate treatment program approved by the recovery network program.

(d)  Voluntarily sought agreement from the school district for temporary leave or limitations on the scope of employment if the temporary leave or limitations are included in the treatment provider's recommendations; or voluntarily agreed to pursue the alternative treatment recommended by the treatment provider if the school district does not approve such temporary leave or limitations on the scope of employment.

(e)  Executed releases to the recovery network program for all medical and treatment records regarding his or her impairment and participation in a treatment program pursuant to 42 U.S.C. s. 290dd-3 and the federal regulations adopted thereunder.

(9)  DISCLOSURE OF MEDICAL RECORDS.--An approved treatment provider must disclose to the recovery network program all information in its possession which relates to a person's impairment and participation in the treatment program. Information obtained under this subsection is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption is necessary to promote the rehabilitation of impaired educators and to protect the privacy of treatment program participants. The failure to provide such information to the program is grounds for withdrawal of approval of a treatment provider. Medical records provided to the program may not be disclosed to any other person, except as authorized by law.

(10)  DECLARATION OF INELIGIBILITY.--

(a)  A person may be declared ineligible for further assistance from the recovery network program if he or she does not progress satisfactorily in a treatment program or leaves a prescribed program or course of treatment without the approval of the treatment provider.

(b)  The determination of ineligibility must be made by the commissioner in cases referred to him or her by the program administrator. Before referring a case to the commissioner, the administrator must discuss the circumstances with the treatment provider. The commissioner may direct the Office of Professional Practices Services to investigate the case and provide a report.

(c)  If a treatment contract with the program is a condition of a deferred prosecution agreement, and the commissioner determines that the person is ineligible for further assistance, the commissioner may agree to modify the terms and conditions of the deferred prosecution agreement or may issue an administrative complaint, pursuant to s. 231.262, alleging the charges regarding which prosecution was deferred. The person may dispute the determination as an affirmative defense to the administrative complaint by including with his or her request for hearing on the administrative complaint a written statement setting forth the facts and circumstances that show that the determination of ineligibility was erroneous. If administrative proceedings regarding the administrative complaint, pursuant to ss. 120.569 and 120.57, result in a finding that the determination of ineligibility was erroneous, the person is eligible to participate in the program. If the determination of ineligibility was the only reason for setting aside the deferred prosecution agreement and issuing the administrative complaint and the administrative proceedings result in a finding that the determination was erroneous, the complaint shall be dismissed and the deferred prosecution agreement reinstated without prejudice to the commissioner's right to reissue the administrative complaint for other breaches of the agreement.

(d)  If a treatment contract with the program is a condition of a final order of the Education Practices Commission, the commissioner's determination of ineligibility constitutes a finding of probable cause that the person failed to comply with the final order. The commissioner shall issue an administrative complaint, and the case shall proceed under ss. 231.2615 and 231.262, in the same manner as cases based on a failure to comply with an order of the Education Practices Commission.

(e)  If the person voluntarily entered into a treatment contract with the program, the commissioner shall issue a written notice stating the reasons for the determination of ineligibility. Within 20 days after the date of such notice, the person may contest the determination of ineligibility pursuant to ss. 120.569 and 120.57.

(11)  MEDICAL RECORDS RELEASE.--Medical records released pursuant to paragraph (8)(e) may be disclosed to the commissioner, the Office of Professional Practices Services, and the Education Practices Commission only as required for purposes of this section, or as otherwise authorized by law. Further disclosure or release of the medical records may not be made except as authorized by law and in accordance with 42 U.S.C. s. 290dd-2 and the federal regulations adopted thereunder. The medical records are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

(12)  FEES.--The State Board of Education shall include in the fees established pursuant to s. 231.30 an amount sufficient to implement the provisions of this section. The state board shall by rule establish procedures and additional standards for:

(a)  Approving treatment providers, including appropriate qualifications and experience, amount of reasonable fees and charges, and quality and effectiveness of treatment programs provided.

(b)  Admitting eligible persons to the program.

(c)  Evaluating impaired persons by the recovery network program.

History.--s. 1, ch. 93-165; s. 1242, ch. 95-147; s. 1, ch. 95-237; s. 82, ch. 96-406; s. 50, ch. 96-410; s. 7, ch. 98-281; s. 26, ch. 2000-301.

231.29  Assessment procedures and criteria.--

(1)  For the purpose of improving the quality of instructional, administrative, and supervisory services in the public schools of the state, the superintendent of schools shall establish procedures for assessing the performance of duties and responsibilities of all instructional, administrative, and supervisory personnel employed by the school district. The Department of Education must approve each district's instructional personnel assessment system.

(2)  The following conditions must be considered in the design of the district's instructional personnel assessment system:

(a)  The system must be designed to support district and school level improvement plans.

(b)  The system must provide appropriate instruments, procedures, and criteria for continuous quality improvement of the professional skills of instructional personnel.

(c)  The system must include a mechanism to give parents an opportunity to provide input into employee performance assessments when appropriate.

(d)  In addition to addressing generic teaching competencies, districts must determine those teaching fields for which special procedures and criteria will be developed.

(e)  Each district school board may establish a peer assistance process. The plan may provide a mechanism for assistance of persons who are placed on performance probation as well as offer assistance to other employees who request it.

(f)  The district school board shall provide training programs that are based upon guidelines provided by the Department of Education to ensure that all individuals with evaluation responsibilities understand the proper use of the assessment criteria and procedures.

(3)  The assessment procedure for instructional personnel and school administrators must be primarily based on the performance of students assigned to their classrooms or schools, as appropriate. The procedures must comply with, but are not limited to, the following requirements:

(a)  An assessment must be conducted for each employee at least once a year. The assessment must be based upon sound educational principles and contemporary research in effective educational practices. Beginning with the full implementation of an annual assessment of learning gains, the assessment must primarily use data and indicators of improvement in student performance assessed annually as specified in s. 229.57 and may consider results of peer reviews in evaluating the employee's performance. Student performance must be measured by state assessments required under s. 229.57 and by local assessments for subjects and grade levels not measured by the state assessment program. The assessment criteria must include, but are not limited to, indicators that relate to the following:

1.  Performance of students.

2.  Ability to maintain appropriate discipline.

3.  Knowledge of subject matter. The district school board shall make special provisions for evaluating teachers who are assigned to teach out-of-field.

4.  Ability to plan and deliver instruction, including the use of technology in the classroom.

5.  Ability to evaluate instructional needs.

6.  Ability to establish and maintain a positive collaborative relationship with students' families to increase student achievement.

7.  Other professional competencies, responsibilities, and requirements as established by rules of the State Board of Education and policies of the district school board.

(b)  All personnel must be fully informed of the criteria and procedures associated with the assessment process before the assessment takes place.

(c)  The individual responsible for supervising the employee must assess the employee's performance. The evaluator must submit a written report of the assessment to the superintendent of schools for the purpose of reviewing the employee's contract. If the employee is assigned to a school designated in performance grade category "D" or "F" and was rated unsatisfactory on any function related to the employee's instructional or administrative duties, the superintendent of schools, in consultation with the employee's evaluator, shall review the employee's performance assessment. If the superintendent of schools determines that the lack of general knowledge, subject area expertise, or other professional competencies contributed to the employee's unsatisfactory performance, the superintendent of schools shall notify the district school board of that determination. The district school board shall require those employees, as part of their performance probation, to take and receive a passing score on a test of general knowledge, subject area expertise, or professional competencies, whichever is appropriate. The tests required by this paragraph shall be those required for certification under this chapter and rules of the State Board of Education. The evaluator must submit the written report to the employee no later than 10 days after the assessment takes place. The evaluator must discuss the written report of assessment with the employee. The employee shall have the right to initiate a written response to the assessment, and the response shall become a permanent attachment to his or her personnel file.

(d)  If an employee is not performing his or her duties in a satisfactory manner, the evaluator shall notify the employee in writing of such determination. The notice must describe such unsatisfactory performance and include notice of the following procedural requirements:

1.  Upon delivery of a notice of unsatisfactory performance, the evaluator must confer with the employee, make recommendations with respect to specific areas of unsatisfactory performance, and provide assistance in helping to correct deficiencies within a prescribed period of time.

2.a.  If the employee holds a professional service contract as provided in s. 231.36, the employee shall be placed on performance probation and governed by the provisions of this section for 90 calendar days following the receipt of the notice of unsatisfactory performance to demonstrate corrective action. School holidays and school vacation periods are not counted when calculating the 90-calendar-day period. During the 90 calendar days, the employee who holds a professional service contract must be evaluated periodically and apprised of progress achieved and must be provided assistance and inservice training opportunities to help correct the noted performance deficiencies. At any time during the 90 calendar days, the employee who holds a professional service contract may request a transfer to another appropriate position with a different supervising administrator; however, a transfer does not extend the period for correcting performance deficiencies.

b.  Within 14 days after the close of the 90 calendar days, the evaluator must assess whether the performance deficiencies have been corrected and forward a recommendation to the superintendent of schools. Within 14 days after receiving the evaluator's recommendation, the superintendent of schools must notify the employee who holds a professional service contract in writing whether the performance deficiencies have been satisfactorily corrected and whether the superintendent of schools will recommend that the district school board continue or terminate his or her employment contract. If the employee wishes to contest the superintendent of schools' recommendation, the employee must, within 15 days after receipt of the superintendent of schools' recommendation, submit a written request for a hearing. The hearing shall be conducted at the district school board's election in accordance with one of the following procedures:

(I)  A direct hearing conducted by the district school board within 60 days after receipt of the written appeal. The hearing shall be conducted in accordance with the provisions of ss. 120.569 and 120.57. A majority vote of the membership of the district school board shall be required to sustain the superintendent of schools' recommendation. The determination of the district school board shall be final as to the sufficiency or insufficiency of the grounds for termination of employment; or

(II)  A hearing conducted by an administrative law judge assigned by the Division of Administrative Hearings of the Department of Management Services. The hearing shall be conducted within 60 days after receipt of the written appeal in accordance with chapter 120. The recommendation of the administrative law judge shall be made to the district school board. A majority vote of the membership of the district school board shall be required to sustain or change the administrative law judge's recommendation. The determination of the district school board shall be final as to the sufficiency or insufficiency of the grounds for termination of employment.

(4)  The superintendent of schools shall notify the department of any instructional personnel who receive two consecutive unsatisfactory evaluations and who have been given written notice by the district that their employment is being terminated or is not being renewed or that the school board intends to terminate, or not renew, their employment. The department shall conduct an investigation to determine whether action shall be taken against the certificateholder pursuant to s. 231.2615(1)(b).

(5)  The superintendent of schools shall develop a mechanism for evaluating the effective use of assessment criteria and evaluation procedures by administrators who are assigned responsibility for evaluating the performance of instructional personnel. The use of the assessment and evaluation procedures shall be considered as part of the annual assessment of the administrator's performance. The system must include a mechanism to give parents and teachers an opportunity to provide input into the administrator's performance assessment, when appropriate.

(6)  Nothing in this section shall be construed to grant a probationary employee a right to continued employment beyond the term of his or her contract.

(7)  The district school board shall establish a procedure annually reviewing instructional personnel assessment systems to determine compliance with this section. All substantial revisions to an approved system must be reviewed and approved by the district school board before being used to assess instructional personnel. Upon request by a school district, the department shall provide assistance in developing, improving, or reviewing an assessment system.

(8)  The State Board of Education shall adopt rules pursuant to ss. 120.536(1) and 120.54, that establish uniform guidelines for the submission, review, and approval of district procedures for the annual assessment of instructional personnel and that include criteria for evaluating professional performance.

History.--s. 529, ch. 19355, 1939; CGL 1940 Supp. 892(133); s. 1, ch. 61-286; s. 18, ch. 65-420; s. 1, ch. 67-369; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 85, ch. 72-221; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 8, ch. 80-295; ss. 2, 3, ch. 81-318; ss. 13, 28, 31, ch. 82-242; s. 1, ch. 83-135; s. 96, ch. 83-217; s. 5, ch. 84-94; s. 6, ch. 86-156; s. 4, ch. 89-278; s. 81, ch. 91-105; ss. 2, 7, ch. 92-67; s. 1243, ch. 95-147; s. 3, ch. 97-4; s. 1, ch. 97-310; s. 3, ch. 98-163; s. 57, ch. 99-398; s. 28, ch. 2000-301; s. 2, ch. 2001-90.

231.2905  Florida School Recognition Program.--

(1)  The Legislature finds that there is a need for a performance incentive program for outstanding faculty and staff in highly productive schools. The Legislature further finds that performance-based incentives are commonplace in the private sector and should be infused into the public sector as a reward for productivity.

(2)  The Florida School Recognition Program is created to provide greater autonomy and financial awards to schools that sustain high performance or that demonstrate exemplary improvement due to innovation and effort. The Commissioner of Education shall establish statewide objective criteria for schools to be invited to apply for the Florida School Recognition Program. The selection of schools must be based on at least 2 school years of data, when available. All public schools, including charter schools, are eligible to participate in the program. Initial criteria for identification of schools must rely on the school's data and statewide data and must include, but are not limited to:

(a)  Improvement in the school's student achievement data.

(b)  Statewide student achievement data.

(c)  Student learning gains when such data becomes available.

(d)  Readiness for postsecondary education data.

(e)  Dropout rates.

(f)  Attendance rates.

(g)  Graduation rates.

(h)  Cohort graduation rates.

(3)  All selected schools shall receive financial awards depending on the availability of funds appropriated and the number and size of schools selected to receive an award. Funds must be distributed to the school's fiscal agent and placed in the school's account and must be used as determined by the school's staff and school advisory council for nonrecurring bonuses to the faculty and staff or for nonrecurring expenditures for educational equipment or materials or temporary personnel for the school to assist in maintaining and improving student performance. Notwithstanding statutory provisions to the contrary, incentive awards are not subject to collective bargaining.

(4)  The School Recognition Program shall utilize the school performance grade category designations in s. 229.57.

History.--s. 3, ch. 97-212; s. 15, ch. 99-398; s. 29, ch. 2000-301; s. 2, ch. 2001-90.

231.291  Personnel files.--Public school system employee personnel files shall be maintained according to the following provisions:

(1)(a)  Except for materials pertaining to work performance or such other matters that may be cause for discipline, suspension, or dismissal under laws of this state, no derogatory materials relating to an employee's conduct, service, character, or personality shall be placed in the personnel file of such employee.

(b)  No anonymous letter or anonymous materials shall be placed in the personnel file.

(2)(a)  Materials relating to work performance, discipline, suspension, or dismissal must be reduced to writing and signed by a person competent to know the facts or make the judgment.

(b)1.  No such materials may be placed in a personnel file unless they have been reduced to writing within 45 days, exclusive of the summer vacation period, of the school system administration becoming aware of the facts reflected in the materials.

2.  Additional information related to such written materials previously placed in the file may be appended to such materials to clarify or amplify them as needed.

(c)  A copy of such materials to be added to an employee's personnel file shall be provided to the employee either:

1.  By certified mail, return receipt requested, to his or her address of record; or

2.  By personal delivery. The employee's signature on a copy of the materials to be filed shall be proof that such materials were given to the employee, with the understanding that such signature merely signifies receipt and does not necessarily indicate agreement with its contents.

(d)  An employee has the right to answer in writing any such materials in a personnel file on July 1, 1983, as well as any such materials filed thereafter, and the answer shall be attached to the file copy. An employee has the right to request that the superintendent or the superintendent's designee make an informal inquiry regarding material in the employee's personnel file which the employee believes to be false. The official who makes the inquiry shall append to the material a written report of his or her findings.

(e)  Upon request, an employee, or any person designated in writing by the employee, shall be permitted to examine the personnel file of such employee. The employee shall be permitted conveniently to reproduce any materials in the file, at a cost no greater than the fees prescribed in s. 119.07(1).

(f)  The custodian of the record shall maintain a record in the file of those persons reviewing the file each time it is reviewed.

(3)(a)  Public school system employee personnel files are subject to the provisions of s. 119.07(1), except as follows:

1.  Any complaint and any material relating to the investigation of a complaint against an employee shall be confidential and exempt from the provisions of s. 119.07(1) until the conclusion of the preliminary investigation or until such time as the preliminary investigation ceases to be active. If the preliminary investigation is concluded with the finding that there is no probable cause to proceed further and with no disciplinary action taken or charges filed, a statement to that effect signed by the responsible investigating official shall be attached to the complaint, and the complaint and all such materials shall be open thereafter to inspection pursuant to s. 119.07(1). If the preliminary investigation is concluded with the finding that there is probable cause to proceed further or with disciplinary action taken or charges filed, the complaint and all such materials shall be open thereafter to inspection pursuant to s. 119.07(1). If the preliminary investigation ceases to be active, the complaint and all such materials shall be open thereafter to inspection pursuant to s. 119.07(1). For the purpose of this subsection, a preliminary investigation shall be considered active as long as it is continuing with a reasonable, good faith anticipation that an administrative finding will be made in the foreseeable future. An investigation shall be presumed to be inactive if no finding relating to probable cause is made within 60 days after the complaint is made.

2.  An employee evaluation prepared pursuant to s. 231.17, s. 231.29, or s. 231.36 or rules adopted by the State Board of Education or local school board under the authority of those sections shall be confidential and exempt from the provisions of s. 119.07(1) until the end of the school year immediately following the school year in which the evaluation was made. No evaluation prepared before July 1, 1983, shall be made public pursuant to this section.

3.  No material derogatory to an employee shall be open to inspection until 10 days after the employee has been notified pursuant to paragraph (2)(c).

4.  The payroll deduction records of an employee shall be confidential and exempt from the provisions of s. 119.07(1).

5.  Employee medical records, including psychiatric and psychological records, shall be confidential and exempt from the provisions of s. 119.07(1); provided, however, at any hearing relative to the competency or performance of an employee, the administrative law judge, hearing officer, or panel shall have access to such records.

(b)  Notwithstanding other provisions of this subsection, all aspects of the personnel file of each employee shall be open to inspection at all times by school board members, the superintendent, and the principal, or their respective designees, in the exercise of their respective duties.

(c)  Notwithstanding other provisions of this subsection, all aspects of the personnel file of each employee shall be made available to law enforcement personnel in the conduct of a lawful criminal investigation.

(4)  The term "personnel file," as used in this section, means all records, information, data, or materials maintained by a public school system, in any form or retrieval system whatsoever, with respect to any of its employees, which is uniquely applicable to that employee whether maintained in one or more locations.

History.--ss. 2, 5, ch. 83-135; s. 1, ch. 88-26; s. 65, ch. 90-360; ss. 3, 7, ch. 92-67; s. 1244, ch. 95-147; s. 83, ch. 96-406; s. 51, ch. 96-410; s. 6, ch. 97-4.

231.30  Certification fees.--

(1)  The State Board of Education, by rule, shall establish separate fees for applications, examinations, certification, certification renewal, late renewal, recordmaking, and recordkeeping, and may establish procedures for scheduling and administering an examination upon an applicant's request. Each fee shall be based on department estimates of the revenue required to implement the provisions of law with respect to certification of school personnel. The application fee shall be nonrefundable. Each examination fee shall be sufficient to cover the actual cost of developing and administering the examination, but shall not exceed $100 for an examination.

(2)  The proceeds from the collection of certification fees, fines, penalties, and costs levied pursuant to this chapter shall be remitted by the Department of Education to the Treasurer for deposit into a separate fund to be known as the "Educational Certification and Service Trust Fund" and disbursed for the payment of expenses incurred by the Educational Standards Commission, by the Educational Practices Commission, and in the printing of forms and bulletins and the issuing of certificates, upon vouchers approved by the department.

History.--s. 530, ch. 19355, 1939; CGL 1940 Supp. 892(134); s. 7, ch. 22858, 1945; s. 17, ch. 26869, s. 5, ch. 26894, 1951; s. 1, ch. 57-330; s. 2, ch. 61-119; s. 61, ch. 65-239; s. 4, ch. 67-440; ss. 15, 35, ch. 69-106; s. 8, ch. 72-333; s. 5, ch. 75-302; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 8, ch. 78-423; ss. 3, 11, ch. 80-190; ss. 2, 3, ch. 81-318; ss. 14, 28, 31, ch. 82-242; s. 5, ch. 84-94; s. 9, ch. 86-156; s. 24, ch. 91-105; s. 7, ch. 92-67; s. 37, ch. 94-232; s. 30, ch. 2000-301.

231.3505  Employment of directors of career education in school districts.--In order to receive state funding, each district school board that employs at least 15 full-time equivalent vocational teachers must employ a director of career education who meets the certification requirements established by the State Board of Education. The directors shall be directly accountable to the superintendent of schools, or his or her designee, for the planning and implementation of vocational programs. Two or more district school boards may employ a single director.

History.--s. 1, ch. 70-192; s. 1, ch. 72-99; s. 88, ch. 72-221; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 15, ch. 80-295; ss. 2, 3, ch. 81-318; ss. 28, 31, ch. 82-242; s. 5, ch. 84-94; ss. 5, 7, ch. 92-67; s. 40, ch. 92-136; ss. 1245, 1246, ch. 95-147; s. 31, ch. 2000-301.

231.36  Contracts with instructional staff, supervisors, and principals.--

(1)(a)  Each person employed as a member of the instructional staff in any district school system shall be properly certificated pursuant to s. 231.17 or s. 231.1726 or employed pursuant to s. 231.1725 and shall be entitled to and shall receive a written contract as specified in chapter 230. All such contracts, except continuing contracts as specified in subsection (4), shall contain provisions for dismissal during the term of the contract only for just cause. Just cause includes, but is not limited to, the following instances, as defined by rule of the State Board of Education: misconduct in office, incompetency, gross insubordination, willful neglect of duty, or conviction of a crime involving moral turpitude.

(b)  A supervisor or principal shall be properly certified and shall receive a written contract as specified in chapter 230. Such contract may be for an initial period not to exceed 3 years, subject to annual review and renewal. The first 97 days of an initial contract is a probationary period. During the probationary period, the employee may be dismissed without cause or may resign from the contractual position without breach of contract. After the first 3 years, the contract may be renewed for a period not to exceed 3 years and shall contain provisions for dismissal during the term of the contract only for just cause, in addition to such other provisions as are prescribed by the district school board.

(2)  Any person so employed on the basis of a written offer of a specific position by a duly authorized agent of the district school board for a stated term of service at a specified salary, and who accepted such offer by telegram or letter or by signing the regular contract form, who violates the terms of such contract or agreement by leaving his or her position without first being released from his or her contract or agreement by the district school board of the district in which the person is employed shall be subject to the jurisdiction of the Education Practices Commission. The district school board shall take official action on such violation and shall furnish a copy of its official minutes to the Commissioner of Education.

(3)(a)  Each district school board shall provide a professional service contract as prescribed herein. Each member of the instructional staff who completes the following requirements prior to July 1, 1984, shall be entitled to and shall be issued a continuing contract in the form prescribed by rules of the state board pursuant to s. 231.36, Florida Statutes 1981. Each member of the instructional staff who completes the following requirements on or after July 1, 1984, shall be entitled to and shall be issued a professional service contract in the form prescribed by rules of the state board as provided herein:

1.  The member must hold a professional certificate as prescribed by s. 231.17 and rules of the State Board of Education.

2.  The member must have completed 3 years of probationary service in the district during a period not in excess of 5 successive years, except for leave duly authorized and granted.

3.  The member must have been recommended by the superintendent of schools for such contract and reappointed by the district school board based on successful performance of duties and demonstration of professional competence.

4.  For any person newly employed as a member of the instructional staff after June 30, 1997, the initial annual contract shall include a 97-day probationary period during which time the employee's contract may be terminated without cause or the employee may resign without breach of contract.

(b)  The professional service contract shall be effective at the beginning of the school fiscal year following the completion of all requirements therefor.

(c)  The period of service provided herein may be extended to 4 years when prescribed by the district school board and agreed to in writing by the employee at the time of reappointment.

(d)  A district school board may issue a continuing contract prior to July 1, 1984, and may issue a professional service contract subsequent to July 1, 1984, to any employee who has previously held a professional service contract or continuing contract in the same or another district within this state. Any employee who holds a continuing contract may, but is not required to, exchange such continuing contract for a professional service contract in the same district.

(e)  A professional service contract shall be renewed each year unless the superintendent of schools, after receiving the recommendations required by s. 231.29, charges the employee with unsatisfactory performance and notifies the employee of performance deficiencies as required by s. 231.29. An employee who holds a professional service contract on July 1, 1997, is subject to the procedures set forth in paragraph (f) during the term of the existing professional service contract. The employee is subject to the procedures set forth in s. 231.29(3)(d) upon the next renewal of the professional service contract; however, if the employee is notified of performance deficiencies before the next contract renewal date, the procedures of s. 231.29(3)(d) do not apply until the procedures set forth in paragraph (f) have been exhausted and the professional service contract is subsequently renewed.

(f)  The superintendent of schools shall notify an employee who holds a professional service contract on July 1, 1997, in writing, no later than 6 weeks prior to the end of the postschool conference period, of performance deficiencies which may result in termination of employment, if not corrected during the subsequent year of employment (which shall be granted for an additional year in accordance with the provisions in subsection (1)). Except as otherwise hereinafter provided, this action shall not be subject to the provisions of chapter 120, but the following procedures shall apply:

1.  On receiving notice of unsatisfactory performance, the employee, on request, shall be accorded an opportunity to meet with the superintendent of schools, or his or her designee, for an informal review of the determination of unsatisfactory performance.

2.  An employee notified of unsatisfactory performance may request an opportunity to be considered for a transfer to another appropriate position, with a different supervising administrator, for the subsequent year of employment.

3.  During the subsequent year, the employee shall be provided assistance and inservice training opportunities to help correct the noted performance deficiencies. The employee shall also be evaluated periodically so that he or she will be kept apprised of progress achieved.

4.  Not later than 6 weeks prior to the close of the postschool conference period of the subsequent year, the superintendent of schools, after receiving and reviewing the recommendation required by s. 231.29, shall notify the employee, in writing, whether the performance deficiencies have been corrected. If so, a new professional service contract shall be issued to the employee. If the performance deficiencies have not been corrected, the superintendent of schools may notify the district school board and the employee, in writing, that the employee shall not be issued a new professional service contract; however, if the recommendation of the superintendent of schools is not to issue a new professional service contract, and if the employee wishes to contest such recommendation, the employee will have 15 days from receipt of the superintendent of schools' recommendation to demand, in writing, a hearing. In such hearing, the employee may raise as an issue, among other things, the sufficiency of the superintendent of schools' charges of unsatisfactory performance. Such hearing shall be conducted at the district school board's election in accordance with one of the following procedures:

a.  A direct hearing conducted by the district school board within 60 days of receipt of the written appeal. The hearing shall be conducted in accordance with the provisions of ss. 120.569 and 120.57. A majority vote of the membership of the district school board shall be required to sustain the superintendent of schools' recommendation. The determination of the district school board shall be final as to the sufficiency or insufficiency of the grounds for termination of employment; or

b.  A hearing conducted by an administrative law judge assigned by the Division of Administrative Hearings of the Department of Management Services. The hearing shall be conducted within 60 days of receipt of the written appeal in accordance with chapter 120. The recommendation of the administrative law judge shall be made to the district school board. A majority vote of the membership of the district school board shall be required to sustain or change the administrative law judge's recommendation. The determination of the district school board shall be final as to the sufficiency or insufficiency of the grounds for termination of employment.

(g)  Beginning July 1, 2001, for each employee who enters into a written contract, pursuant to this section, in a school district in which the employee was not employed as of June 30, 2001, for purposes of pay a school board must recognize and accept each year of full-time teaching service for which the employee received a satisfactory performance evaluation. This provision is not intended to interfere with the operation of a collective bargaining agreement except to the extent it requires the agreement to treat years of teaching experience out of the district the same as years of teaching experience within the district. Instructional personnel employed pursuant to s. 121.091(9)(b)3. are exempt from the provisions of this paragraph.

(4)(a)  An employee who has continuing contract status prior to July 1, 1984, shall be entitled to retain such contract and all rights arising therefrom in accordance with existing laws, rules of the State Board of Education, or any laws repealed by this act, unless the employee voluntarily relinquishes his or her continuing contract.

(b)  Any member of the district administrative or supervisory staff and any member of the instructional staff, including any principal, who is under continuing contract may be dismissed or may be returned to annual contract status for another 3 years in the discretion of the district school board, at the end of the school year, when a recommendation to that effect is submitted in writing to the district school board on or before April 1 of any school year, giving good and sufficient reasons therefor, by the superintendent of schools, by the principal if his or her contract is not under consideration, or by a majority of the district school board. The employee whose contract is under consideration shall be duly notified in writing by the party or parties preferring the charges at least 5 days prior to the filing of the written recommendation with the district school board, and such notice shall include a copy of the charges and the recommendation to the district school board. The district school board shall proceed to take appropriate action. Any decision adverse to the employee shall be made by a majority vote of the full membership of the district school board. Any such decision adverse to the employee may be appealed by the employee pursuant to s. 120.68.

(c)  Any member of the district administrative or supervisory staff and any member of the instructional staff, including any principal, who is under continuing contract may be suspended or dismissed at any time during the school year; however, the charges against him or her must be based on immorality, misconduct in office, incompetency, gross insubordination, willful neglect of duty, drunkenness, or conviction of a crime involving moral turpitude, as these terms are defined by rule of the State Board of Education. Whenever such charges are made against any such employee of the district school board, the district school board may suspend such person without pay; but, if the charges are not sustained, he or she shall be immediately reinstated, and his or her back salary shall be paid. In cases of suspension by the district school board or by the superintendent of schools, the district school board shall determine upon the evidence submitted whether the charges have been sustained and, if the charges are sustained, shall determine either to dismiss the employee or fix the terms under which he or she may be reinstated. If such charges are sustained by a majority vote of the full membership of the district school board and such employee is discharged, his or her contract of employment shall be thereby canceled. Any such decision adverse to the employee may be appealed by the employee pursuant to s. 120.68, provided such appeal is filed within 30 days after the decision of the district school board.

(5)  Should a district school board have to choose from among its personnel who are on continuing contracts or professional service contracts as to which should be retained, such decisions shall be made pursuant to the terms of a collectively bargained agreement, when one exists. If no such agreement exists, the district school board shall prescribe rules to handle reductions in workforce.

(6)(a)  Any member of the instructional staff, excluding an employee specified in subsection (4), may be suspended or dismissed at any time during the term of the contract for just cause as provided in paragraph (1)(a). The district school board must notify the employee in writing whenever charges are made against the employee and may suspend such person without pay; but, if the charges are not sustained, the employee shall be immediately reinstated, and his or her back salary shall be paid. If the employee wishes to contest the charges, the employee must, within 15 days after receipt of the written notice, submit a written request for a hearing. Such hearing shall be conducted at the district school board's election in accordance with one of the following procedures:

1.  A direct hearing conducted by the district school board within 60 days after receipt of the written appeal. The hearing shall be conducted in accordance with the provisions of ss. 120.569 and 120.57. A majority vote of the membership of the district school board shall be required to sustain the superintendent of schools' recommendation. The determination of the district school board shall be final as to the sufficiency or insufficiency of the grounds for termination of employment; or

2.  A hearing conducted by an administrative law judge assigned by the Division of Administrative Hearings of the Department of Management Services. The hearing shall be conducted within 60 days after receipt of the written appeal in accordance with chapter 120. The recommendation of the administrative law judge shall be made to the district school board. A majority vote of the membership of the district school board shall be required to sustain or change the administrative law judge's recommendation. The determination of the district school board shall be final as to the sufficiency or insufficiency of the grounds for termination of employment.

Any such decision adverse to the employee may be appealed by the employee pursuant to s. 120.68, provided such appeal is filed within 30 days after the decision of the district school board.

(b)  Any member of the district administrative or supervisory staff, including any principal but excluding an employee specified in subsection (4), may be suspended or dismissed at any time during the term of the contract; however, the charges against him or her must be based on immorality, misconduct in office, incompetency, gross insubordination, willful neglect of duty, drunkenness, or conviction of any crime involving moral turpitude, as these terms are defined by rule of the State Board of Education. Whenever such charges are made against any such employee of the district school board, the district school board may suspend the employee without pay; but, if the charges are not sustained, he or she shall be immediately reinstated, and his or her back salary shall be paid. In cases of suspension by the district school board or by the superintendent of schools, the district school board shall determine upon the evidence submitted whether the charges have been sustained and, if the charges are sustained, shall determine either to dismiss the employee or fix the terms under which he or she may be reinstated. If such charges are sustained by a majority vote of the full membership of the district school board and such employee is discharged, his or her contract of employment shall be thereby canceled. Any such decision adverse to the employee may be appealed by him or her pursuant to s. 120.68, provided such appeal is filed within 30 days after the decision of the district school board.

(7)  The district school board of any given district shall grant continuing service credit for time spent performing duties as a member of the Legislature to any district employee who possesses a professional service contract, multiyear contract, or continuing contract.

(8)  Notwithstanding any other provision of law, any member who has retired may interrupt retirement and be reemployed in any public school. Any member so reemployed by the same district from which he or she retired may be employed on a probationary contractual basis as provided in subsection (1); however, no regular retirement employee shall be eligible to renew membership under a retirement system created by chapter 121 or chapter 238.

History.--s. 536, ch. 19355, 1939; CGL 1940 Supp. 892(140); s. 21, ch. 23726, 1947; s. 2, ch. 25363, 1949; s. 1, ch. 29890, 1955; s. 1, ch. 31391, 1956; s. 8, ch. 59-371; s. 1, ch. 59-252; s. 1, ch. 59-359; s. 1, ch. 59-421; s. 3, ch. 61-263; s. 12, ch. 63-376; s. 63, ch. 65-239; s. 2, ch. 65-424; s. 2, ch. 67-184; s. 6, ch. 67-387; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 1, ch. 72-21; s. 2, ch. 72-215; s. 38, ch. 73-338; ss. 3, 4, ch. 74-351; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 8, ch. 78-95; ss. 4, 11, ch. 80-190; s. 8, ch. 80-325; s. 9, ch. 80-378; ss. 2, 3, ch. 81-318; ss. 15, 28, 31, ch. 82-242; s. 10, ch. 83-324; s. 5, ch. 84-94; s. 1, ch. 84-213; s. 46, ch. 85-80; s. 10, ch. 86-156; s. 25, ch. 91-105; ss. 4, 7, ch. 92-67; s. 93, ch. 92-279; s. 55, ch. 92-326; s. 1247, ch. 95-147; s. 52, ch. 96-410; s. 2, ch. 97-310; ss. 33, 58, ch. 99-398; s. 32, ch. 2000-301; s. 11, ch. 2001-47.

231.3605  Educational support employees.--

(1)  As used in this section:

(a)  "Educational support employee" means any person employed by a district school system who is employed as a teacher assistant, an education paraprofessional, a member of the transportation department, a member of the operations department, a member of the maintenance department, a member of food service, a secretary, or a clerical employee, or any other person who by virtue of his or her position of employment is not required to be certified by the Department of Education or district school board pursuant to s. 231.1725. This section does not apply to persons employed in confidential or management positions. This section applies to all employees who are not temporary or casual and whose duties require 20 or more hours in each normal working week.

(b)  "Employee" means any person employed as an educational support employee.

(c)  "Superintendent" means the superintendent of schools or his or her designee.

(2)(a)  Each educational support employee shall be employed on probationary status for a period to be determined through the appropriate collective bargaining agreement or by district school board rule in cases where a collective bargaining agreement does not exist.

(b)  Upon successful completion of the probationary period by the employee, the employee's status shall continue from year to year unless the superintendent terminates the employee for reasons stated in the collective bargaining agreement, or in district school board rule in cases where a collective bargaining agreement does not exist, or reduces the number of employees on a districtwide basis for financial reasons.

(c)  In the event a superintendent seeks termination of an employee, the district school board may suspend the employee with or without pay. The employee shall receive written notice and shall have the opportunity to formally appeal the termination. The appeals process shall be determined by the appropriate collective bargaining process or by district school board rule in the event there is no collective bargaining agreement.

History.--s. 1, ch. 94-195; s. 1537, ch. 95-147; s. 6, ch. 98-292; s. 33, ch. 2000-301.

231.361  Vocational teachers; status.--

(1)  Vocational teachers and other teachers who qualify for certificates on the basis of nonacademic preparation shall be entitled to all the contractual rights and privileges now granted to other instructional personnel holding equivalent certificates.

(2)  A holder of a certificate based on nonacademic preparation which entitled him or her to employment to teach classes in career or adult education shall not be assigned to teach in a regular academic field of the kindergarten through grade 12 school program.

History.--s. 1, ch. 29625, 1955; s. 3, ch. 67-181; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 5, ch. 78-423; ss. 2, 3, ch. 81-318; ss. 28, 31, ch. 82-242; s. 5, ch. 84-94; s. 7, ch. 92-67; ss. 1248, 1538, ch. 95-147; s. 34, ch. 2000-301.

231.381  Transfer of sick leave and annual leave.--In implementing the provisions of ss. 230.23(4)(n) and 402.22(1)(d), educational personnel in Department of Children and Family Services residential care facilities who are employed by a district school board may request, and the district school board shall accept, a lump-sum transfer of accumulated sick leave for such personnel to the maximum allowed by policies of the district school board, notwithstanding the provisions of s. 110.122. Educational personnel in Department of Children and Family Services residential care facilities who are employed by a district school board under the provisions of s. 402.22(1)(d) may request, and the district school board shall accept, a lump-sum transfer of accumulated annual leave for each person employed by the district school board in a position in the district eligible to accrue vacation leave under policies of the district school board.

History.--ss. 3, 5, ch. 80-240; s. 2, ch. 81-318; ss. 17, 28, 31, ch. 82-242; s. 5, ch. 84-94; s. 7, ch. 92-67; s. 33, ch. 99-8.

231.39  Provisions for leaves of absence.--All leaves of absence for all district school board employees, except those leaves prescribed by law, shall be granted with or without compensation pursuant to rules adopted by the district school board. Such leaves authorized by the district school board shall include, but are not limited to, professional leave and extended professional leave, personal leave, military leave granted in compliance with chapter 115, and maternity leave.

History.--s. 539, ch. 19355, 1939; s. 5, ch. 20970, 1941; CGL 892(143); s. 14, ch. 63-376; s. 3, ch. 65-424; s. 7, ch. 67-387; s. 1, ch. 69-300; s. 1, ch. 73-253; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 9, ch. 80-295; ss. 2, 3, ch. 81-318; ss. 18, 28, 31, ch. 82-242; s. 5, ch. 84-94; s. 7, ch. 92-67; s. 35, ch. 2000-301.

231.40  Sick leave.--

(1)  DEFINITIONS.--As used in this section, unless the context otherwise requires, the term:

(a)  "Educational support employee" means any person employed by a district school board as a teacher assistant; an education paraprofessional; a member of the transportation, operations, maintenance, or food service department; or a secretary or a clerical employee.

(b)  "Instructional staff" shall be used synonymously with the word "teacher" and includes teachers, librarians, and other comparable members engaged in an instructional capacity in the schools.

(2)  ELIGIBILITY.--Any member of the instructional staff or any other employee of a district school system employed on a full-time basis in the public schools of the state who is unable to perform his or her duty in the school on account of personal sickness, accident disability, or extended personal illness, or because of illness or death of father, mother, brother, sister, husband, wife, child, other close relative, or member of his or her own household, and consequently has to be absent from his or her work shall be granted leave of absence for sickness by the superintendent of schools or by someone designated in writing by the superintendent of schools to do so.

(3)  PROVISIONS GOVERNING SICK LEAVE.--The following provisions shall govern sick leave:

(a)  Extent of leave.--

1.  Each member of the instructional staff employed on a full-time basis is entitled to 4 days of sick leave as of the first day of employment of each contract year and shall thereafter earn 1 day of sick leave for each month of employment, which shall be credited to the member at the end of that month and which may not be used before it is earned and credited to the member. Each other employee shall be credited with 4 days of sick leave at the end of the first month of employment of each contract year and shall thereafter be credited for 1 day of sick leave for each month of employment, which shall be credited to the employee at the end of the month and which may not be used before it is earned and credited to the employee. However, each member of the instructional staff and each other employee is entitled to earn no more than 1 day of sick leave times the number of months of employment during the year of employment. If the employee terminates his or her employment and has not accrued the 4 days of sick leave available to him or her, the district school board may withhold the average daily amount for the days of sick leave used but unearned by the employee. Such leave may be taken only when necessary because of sickness as prescribed in this section. The sick leave shall be cumulative from year to year. There shall be no limit on the number of days of sick leave which a member of the instructional staff or an educational support employee may accrue, except that at least one-half of this cumulative leave must be established within the district granting such leave.

2.  A district school board may establish policies and prescribe standards to permit an employee to be absent 6 days each school year for personal reasons. However, such absences for personal reasons must be charged only to accrued sick leave, and leave for personal reasons is noncumulative.

3.  District school boards may adopt rules permitting the annual payment for accumulated sick leave that is earned for that year and that is unused at the end of the school year, based on the daily rate of pay of the employee multiplied by up to 80 percent. Days for which such payment is received shall be deducted from the accumulated leave balance. Such annual payment may apply only to instructional staff and educational support employees.

4.  A district school board may establish policies to provide terminal pay for accumulated sick leave to instructional staff and educational support employees of the district school board. If termination of employment is by death of the employee, any terminal pay to which the employee may have been entitled may be made to his or her beneficiary. However, such terminal pay may not exceed an amount determined as follows:

a.  During the first 3 years of service, the daily rate of pay multiplied by 35 percent times the number of days of accumulated sick leave.

b.  During the next 3 years of service, the daily rate of pay multiplied by 40 percent times the number of days of accumulated sick leave.

c.  During the next 3 years of service, the daily rate of pay multiplied by 45 percent times the number of days of accumulated sick leave.

d.  During the next 3 years of service, the daily rate of pay multiplied by 50 percent times the number of days of accumulated sick leave.

e.  During and after the 13th year of service, the daily rate of pay multiplied by 100 percent times the number of days of accumulated sick leave.

5.  A district school board may establish policies to provide terminal pay for accumulated sick leave to any full-time employee of the district school board other than instructional staff or educational support employees as defined in this section. If termination of the employee is by death of the employee, any terminal pay to which the employee may have been entitled may be made to the employee's beneficiary.

a.  Terminal pay may not exceed one-fourth of all unused sick leave accumulated on or after July 1, 2001, and may not exceed a maximum of 60 days of actual payment. This limit does not impair any contractual agreement established before July 1, 2001; however, a previously established contract renewed on or after July 1, 2001, constitutes a new contract.

b.  For unused sick leave accumulated before July 1, 2001, terminal payment shall be made pursuant to a district school board's policies, contracts, or rules that are in effect on June 30, 2001.

c.  If an employee has an accumulated sick leave balance of 60 days of actual payment or more prior to July 1, 2001, sick leave earned after that date may not be accumulated for terminal pay purposes until the accumulated leave balance for leave earned before July 1, 2001, is less than 60 days.

(b)  Claim must be filed.--Any district school board employee who finds it necessary to be absent from his or her duties because of illness, as defined in this section, shall notify his or her immediate supervisor, if possible, before the beginning of the workday on which the employee must be absent or during that day, except for emergency reasons recognized by the district school board as valid. Any district school board employee shall, before claiming and receiving compensation for the time absent from his or her duties while absent because of sick leave as prescribed in this section, make and file within 5 working days following his or her return from such absence with the superintendent of schools of the district in which he or she is so employed a written certificate which shall set forth the day or days absent, that such absence was necessary, and that the employee is entitled or not entitled to receive pay for such absence in accordance with the provisions of this section; however, the district school board of any district may prescribe regulations under which the superintendent of schools may require a certificate of illness from a licensed physician or from the county health officer.

(c)  Compensation.--Any employee having unused sick leave credit shall receive full-time compensation for the time justifiably absent on sick leave, but no compensation may be allowed beyond that which may be provided in subsection (4).

(d)  Expenditure authorized.--District school boards may expend public funds for payment to employees on account of sickness. The expending and excluding of such funds shall be in compliance with rules promulgated by the Department of Management Services pursuant to chapter 650.

(e)  Use by family member.--Each district school system must provide a policy under which a district employee may authorize his or her spouse, child, parent, or sibling who is also a district employee to use sick leave that has accrued to the authorizing employee. In developing the policy, the district school board must provide that the recipient may not use the donated sick leave until all of his or her sick leave has been depleted, excluding sick leave from a sick leave pool, if the recipient participates in a sick leave pool. Donated sick leave under this paragraph shall have no terminal value as provided in s. 231.40(3).

(4)  SICK LEAVE POOL.--Notwithstanding any other provision of this section, a district school board, based upon the maintenance of reliable and accurate records by the district school system showing the amount of sick leave which has been accumulated and is unused by employees in accordance with this section, may, by rule or collective bargaining agreement, establish one or more plans allowing participating full-time employees of a district school system to pool sick leave accrued and allowing any sick leave thus pooled to be disbursed to any participating employee who is in need of sick leave in excess of that amount he or she has personally accrued. Such rules or agreements shall include, but not be limited to, the following provisions:

(a)  Participation in any sick leave pool shall at all times be voluntary on the part of employees.

(b)  Any full-time employee shall be eligible for participation in any sick leave pool after 1 year of employment with the district school system, provided the employee has accrued a minimum amount of unused sick leave, which shall be established by rule and provided further, a sick leave pool is established that allows participation by that particular employee.

(c)  Any sick leave pooled pursuant to this section shall be removed from the personally accumulated sick leave balance of the employee donating such leave.

(d)  Participating employees shall make equal contributions to the sick leave pool. There shall be established a maximum amount of sick leave which may be contributed by an employee to the pool. After the initial contribution which an employee makes upon electing to participate, no further contributions shall be required except as may be necessary to replenish the pool. Any such further contribution shall be equally required of all employees participating in the pool.

(e)  Any sick leave time drawn from the pool by a participating employee must be used for said employee's personal illness, accident, or injury.

(f)  A participating employee is not eligible to use sick leave from the pool until all of his or her sick leave has been depleted, unless otherwise agreed to in a collective bargaining agreement. There shall be established a maximum number of days for which an employee may draw sick leave from the sick leave pool.

(g)  A participating employee who uses sick leave from the pool is not required to recontribute such sick leave to the pool, except as otherwise provided in this section.

(h)  A participating employee who chooses to no longer participate in the sick leave pool is not eligible to withdraw any sick leave already contributed to the pool.

(i)  Alleged abuse of the use of the sick leave pool shall be investigated and, on a finding of wrongdoing, the employee shall repay all of the sick leave credits drawn from the sick leave pool and be subject to such other disciplinary action as determined by the district school board to be appropriate. Rules adopted for the administration of this program shall provide for the investigation of the use of sick leave utilized by the participating employee in the sick leave pool.

History.--s. 540, ch. 19355, 1939; CGL 1940 Supp. 892(144); s. 22, ch. 23726, 1947; s. 1, ch. 29624, 1955; s. 1, ch. 57-79; s. 1, ch. 61-61; s. 1, ch. 65-31; s. 1, ch. 65-201; s. 4, ch. 65-424; s. 4, ch. 67-181; s. 1, ch. 69-300; s. 1, ch. 70-197; s. 1, ch. 74-81; s. 1, ch. 76-44; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 1, ch. 79-109; ss. 15, 16, ch. 79-385; ss. 1, 3, ch. 80-116; s. 7, ch. 80-378; ss. 1, 3, ch. 80-392; s. 2, ch. 81-174; ss. 2, 3, ch. 81-318; ss. 20, 28, 31, ch. 82-242; ss. 1, 2, ch. 84-85; s. 5, ch. 84-94; s. 2, ch. 84-213; s. 1, ch. 84-266; s. 1, ch. 85-131; ss. 6, 7, ch. 92-67; s. 1249, ch. 95-147; s. 1, ch. 95-381; s. 7, ch. 98-292; s. 36, ch. 2000-301; s. 1, ch. 2001-103; s. 2, ch. 2001-212.

231.41  Illness-in-line-of-duty leave.--Any district school board employee shall be entitled to illness-in-line-of-duty leave when he or she has to be absent from his or her duties because of a personal injury received in the discharge of duty or because of illness from any contagious or infectious disease contracted in school work. The following requirements shall be observed:

(1)  DURATION OF LEAVE AND COMPENSATION.--Leave of the district school board employee shall be authorized for a total of not to exceed 10 school days during any school year for illness contracted, or injury incurred, from the causes prescribed above. However, in the case of sickness or injury occurring under such circumstances as in the opinion of the district school board warrant it, additional emergency sick leave may be granted out of local funds for such term and under such conditions as the district school board deems proper. The district school board may carry insurance to safeguard the district school board against excessive payments during any year.

(2)  CLAIMS.--Any district school board employee who has any claim for compensation while absent because of illness contracted or injury incurred as prescribed herein shall file a claim in the manner prescribed in s. 231.40(3)(b) within 5 working days following the employee's return from such absence. The school board of the district in which such person is employed shall approve the claims and authorize the payment thereof if the district school board is satisfied that the claim correctly states the facts and that the claim is entitled to payment in accordance with the provisions of this section.

History.--s. 541, ch. 19355, 1939; CGL 1940 Supp. 892(145); s. 1, ch. 69-300; s. 1, ch. 70-126; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 2, ch. 79-109; ss. 2, 3, ch. 81-318; ss. 21, 28, 31, ch. 82-242; s. 3, ch. 84-85; s. 5, ch. 84-94; s. 7, ch. 92-67; s. 1250, ch. 95-147; s. 2, ch. 95-381; s. 37, ch. 2000-301.

231.415  Local civil service system laws not superseded.--Sections 231.39, 231.40, and 231.41 shall not be construed to supersede or modify any local law establishing a civil service system covering employees of any school district.

History.--ss. 22, 31, ch. 82-242; s. 5, ch. 84-94; s. 7, ch. 92-67.

231.424  Sabbatical leave.--

(1)  Any member of the instructional staff of any school district may be granted sabbatical leave for a period not to exceed 1 year. A person who receives such leave may be paid one-half of his or her ordinary salary during the period of such leave, or in accordance with negotiated agreement or district school board policy, and shall receive full benefits during such period. A person compensated under this section may not be compensated for other employment during the period of sabbatical leave so that he or she would receive combined compensation in excess of his or her ordinary salary.

(2)  Funds, not to exceed 25 percent, of the district's allocation for inservice training under s. 236.081(3) or other district funds may be expended in order to fulfill the provisions of this section, provided that the district allocates $5 of district funds for each $1 of state inservice training funds expended under this subsection.

(3)  Each district school board shall adopt rules to implement this section.

History.--s. 3, ch. 81-174; s. 31, ch. 82-242; s. 5, ch. 84-94; s. 7, ch. 92-67; s. 1251, ch. 95-147; s. 38, ch. 2000-301.

231.434  Annual leave.--District school boards may adopt rules that provide for the earning of annual leave by employees, including educational support employees, who are employed for 12 calendar months a year.

History.--ss. 27, 31, ch. 82-242; s. 5, ch. 84-94; s. 7, ch. 92-67; s. 2, ch. 94-195; s. 39, ch. 2000-301.

231.44  Absence without leave.--Any district school board employee who is willfully absent from duty without leave shall forfeit compensation for the time of such absence, and his or her employment shall be subject to termination by the district school board.

History.--s. 544, ch. 19355, 1939; CGL 1940 Supp. 892(148); s. 6, ch. 61-288; s. 1, ch. 69-300; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 23, 28, 31, ch. 82-242; s. 5, ch. 84-94; s. 7, ch. 92-67; s. 1252, ch. 95-147; s. 40, ch. 2000-301.

231.45  Records of absences.--The administrator of each designated organizational unit shall see that both the days present and the days absent for each employee are reported to the superintendent of schools at least once each month in the manner prescribed for that purpose. This report shall include the exact dates of, and the reasons for, each absence. Each superintendent of schools shall establish procedures to ensure maintenance of the complete records of all such absences.

History.--s. 545, ch. 19355, 1939; CGL 1940 Supp. 892(149); s. 2, ch. 61-459; s. 1, ch. 69-300; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 24, 28, 31, ch. 82-242; s. 5,ch. 84-94; s. 7, ch. 92-67; s. 38, ch. 94-232; s. 41, ch. 2000-301.

231.47  Substitute teachers.--Each district school board shall adopt rules prescribing the compensation of, and the procedure for employment of, substitute teachers. Such procedure for employment shall include, but is not limited to, the filing of a complete set of fingerprints as required in s. 231.02.

History.--s. 547, ch. 19355, 1939; CGL 1940 Supp. 892(151); s. 11, ch. 57-249; s. 3, ch. 61-459; s. 1, ch. 69-300; s. 90, ch. 72-221; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 25, 28, 31, ch. 82-242; s. 3, ch. 84-44; s. 5, ch. 84-94; s. 26, ch. 91-105; s. 7, ch. 92-67; s. 8, ch. 98-281; s. 42, ch. 2000-301.

231.471  Part-time teachers.--

(1)  District school boards may hire certified and qualified personnel as provided in ss. 231.1725 and 231.1726 to teach a specified number of periods, which may be less than a full school day or less than a full school year.

(2)  Assigned additional school duties and salaries shall be given in direct ratio to the number of periods taught. Other benefits shall be provided by district school board rule or, if applicable, pursuant to chapter 447.

History.--ss. 1, 2, ch. 70-209; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 26, 28, 31, ch. 82-242; s. 2, ch. 83-292; s. 5, ch. 84-94; s. 27, ch. 91-105; s. 7, ch. 92-67; s. 43, ch. 2000-301; s. 20, ch. 2001-47.

231.481  Terminal pay for accrued vacation leave.--A district school board may establish policies to provide for a lump-sum payment for accrued vacation leave to an employee of the district school board upon termination of employment or upon retirement, or to the employee's beneficiary if service is terminated by death. Effective July 1, 2001, terminal pay for accrued vacation leave may not exceed a maximum of 60 days of actual payment. This limit does not impair any contractual agreement established before July 1, 2001. For unused vacation leave accumulated before July 1, 2001, terminal payment shall be made pursuant to the district school board's policies, contracts, or rules that are in effect on June 30, 2001.

History.--s. 9, ch. 80-325; s. 2, ch. 81-318; ss. 28, 31, ch. 82-242; s. 5, ch. 84-94; s. 7, ch. 92-67; s. 3, ch. 95-381; s. 44, ch. 2000-301; s. 2, ch. 2001-103.

231.49  Provisions relating to Workers' Compensation Law.--Nothing contained in this chapter shall supersede any of the provisions of the Workers' Compensation Law; provided, however, that where amounts payable under the provisions of the school code, for injuries, accidents, or other disabilities which would entitle an employee to compensation under the provisions of the Workers' Compensation Law exceed the amounts payable under the compensation law, payments shall be made, as provided in the school code, for the difference between the amount paid under the Workers' Compensation Law and the amount due under the provisions of the school code.

History.--s. 549, ch. 19355, 1939; CGL 1940 Supp. 892(153); s. 3, ch. 76-168; s. 1, ch. 77-457; s. 64, ch. 79-40; ss. 2, 3, ch. 81-318; ss. 28, 31, ch. 82-242; s. 5, ch. 84-94; s. 7, ch. 92-67.

231.495  Retirement annuities authorized.--

(1)  District school boards may purchase annuities for all school personnel with 25 or more years of creditable service who have reached age 50 and have applied for retirement under the Florida Retirement System or who have reached age 55 and have applied for retirement under plan E of the Teachers' Retirement System. No such annuity shall provide for more than the total difference in retirement income between the retirement benefit based on average monthly compensation and creditable service as of the member's early retirement date and the early retirement benefit.

(2)  District school boards may purchase annuities for members of the Florida Retirement System who have out-of-state teaching service in another state or country which is documented as valid by the appropriate district school board. Such annuities may be based on no more than 5 years of out-of-state teaching service and may equal, but not exceed, the benefits that would be payable under the Florida Retirement System if credit for out-of-state teaching was authorized under that system.

(3)  District school boards may invest funds, purchase annuities, or provide local supplemental retirement programs for purposes of providing annuities for school personnel.

(4)  All retirement annuities shall comply with s. 14, Art. X of the State Constitution.

History.--ss. 19, 31, ch. 82-242; s. 3, ch. 83-283; s. 5, ch. 84-94; s. 1, ch. 89-310; s. 7, ch. 92-67; s. 45, ch. 2000-301.

231.545  Education Standards Commission; organization.--

(1)  The Education Standards Commission shall consist of 24 members appointed by the State Board of Education from nominations by the Commissioner of Education and subject to Senate confirmation. Prior to making nominations, the commissioner shall consult with the teaching and other involved associations in the state. In making nominations, the commissioner shall attempt to achieve equal geographical representation, as closely as possible. The members shall include:

(a)  Twelve teachers at least one of whom is a teacher in a private institution who is certified by the Department of Education and one of whom is certified as a vocational teacher.

(b)  One superintendent of schools.

(c)  One school principal.

(d)  One school personnel officer, to be appointed on the date of the first expiration of a school principal's term.

(e)  One teacher education or inservice director.

(f)  Four citizens, two of whom are district school board members.

(g)  Three representatives from higher education, two of whom are deans of colleges, schools, or departments of education and one of whom is employed by an independent institution.

(h)  One administrative representative from a community college.

(2)  The commission shall employ an executive director, who shall be exempt from career service, shall have staff, and shall be assigned to the department for administrative purposes. Adequate staff and support shall be provided to carry out purposes of the commission under this act.

(3)  Members shall serve for 3-year staggered terms and shall be entitled to reimbursement for expenses of attending meetings of the commission. Reimbursement for such expenses shall be made by the Treasurer from funds appropriated for the Department of Education, on warrants drawn by the Comptroller upon requisitions approved by the Department of Education. School districts shall be reimbursed for substitute teachers required to replace commission members, when they are carrying out their official duties, at the rate established by the school district for substitute teachers. The department may reimburse local school districts for substitutes.

(4)  As soon as practicable following appointment of the commission, the Commissioner of Education shall call an organizational meeting of the commission. By majority vote of all its members, the commission shall elect its own chair from among its members and adopt bylaws for its own governance. The chair shall preside over meetings of the commission and perform other duties directed by the commission or required by its duly adopted bylaws or operating procedures.

(5)  If a member is absent from any three regularly scheduled meetings in any calendar year, his or her office as a member of the commission shall be deemed vacant, unless the commission determines extenuating circumstances.

(6)  The State Board of Education may remove any member from the commission for misconduct or malfeasance in office, incapacity, or neglect of duty.

(7)  The commission shall be financed from certificate fees and general revenue.

History.--ss. 5, 11, ch. 80-190; ss. 2, 3, ch. 81-318; s. 1, ch. 82-46; ss. 28, 30, ch. 82-242; s. 2, ch. 83-265; ss. 1, 3, 4, 5, ch. 85-266; s. 5, ch. 91-429; s. 1253, ch. 95-147; s. 46, ch. 2000-301.

231.546  Education Standards Commission; powers and duties.--

(1)  The Education Standards Commission shall:

(a)  Recommend to the state board high standards relating to programs and policies for the development, certification and certification extension, improvement, and maintenance of competencies of educational personnel, including teacher interns. The standards must be consistent with the state's duty to provide a high-quality system of public education to all students.

(b)  Recommend to the state board standards for approval of preservice teacher education programs.

(c)  Plan and conduct an annual review of human resources studies regarding teaching personnel and report the findings to the state board.

(d)  Recommend to the state board objective, independently verifiable standards of measurement and evaluation of teaching competence.

(e)  Recommend to the state board alternative ways to demonstrate qualifications for certification which assure fairness and flexibility while protecting against incompetence.

(f)  Recommend critical state priorities for preservice and inservice teacher training such as understanding diverse student populations, working in a changing workplace, and understanding subject matter and instruction. The commission shall recommend standards for measuring evidence of training in these priorities for continuing program approval for preservice teacher education, initial teacher certification and certificate renewal, and staff development activities.

(g)  Evaluate the progress of school community professional development systems as provided in s. 231.600.

(h)  Perform such other duties as may be required to achieve the purposes of this section and s. 231.545.

(2)  The commission shall develop, through the teaching profession, standards of professional practice in areas including, but not limited to, ethical and professional performance.

(a)  Members of the teaching profession shall develop and recommend to the commission codes of ethics and professional performance. Upon adoption of such professional standards by the state board, those who practice in this profession shall be obligated to abide by these standards.

(b)  The commission may establish procedures for developing codes or standards of professional ethics, performance, and practices as described herein and to recommend to the state board for adoption such codes, standards, and rules to effectuate the purposes of this section.

(c)  An apparent violation of any of the codes and standards so adopted shall be deemed to be sufficient for the bringing of a charge of unprofessional practices, which charge will be reviewed and acted upon by the Education Practices Commission.

(3)  The commission shall invite the public, the teaching profession, and interested professional groups and associations to appear before it and submit proposals for commission action and to assist it in accomplishing its duties.

(4)  The Education Standards Commission and the Education Practices Commission created pursuant to s. 231.261 shall meet together at least once each year for the purpose of cooperation in the development and implementation of standards.

(5)  The commission shall present its recommendations to the state board and to the Legislature.

History.--ss. 5, 11, ch. 80-190; ss. 2, 3, ch. 81-318; ss. 28, 30, ch. 82-242; ss. 2, 3, 5, ch. 85-266; s. 17, ch. 90-288; s. 5, ch. 91-429; s. 1254, ch. 95-147; s. 3, ch. 95-236; s. 9, ch. 98-281; s. 59, ch. 99-398; s. 47, ch. 2000-301.

231.55  Legislative intent; declaration.--It is the intent and purpose of the Legislature that the practice of teaching in the public school system and its related services including administering and supervisory services, shall be designated as professional services. Teaching is hereby declared to be a profession in Florida, with all the similar rights, responsibilities and privileges accorded other legally recognized professions.

History.--s. 1, ch. 63-363; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 28, 31, ch. 82-242; s. 5, ch. 84-94; s. 7, ch. 92-67.

231.600  School Community Professional Development Act.--

(1)  The Department of Education, public community colleges and universities, public school districts, and public schools in this state shall collaborate to establish a coordinated system of professional development. The purpose of the professional development system is to enable the school community to meet state and local student achievement standards and the state education goals and to succeed in school improvement as described in s. 229.591.

(2)  The school community includes administrative personnel, managers, instructional personnel, support personnel, members of district school boards, members of school advisory councils, parents, business partners, and personnel that provide health and social services to school children. School districts may identify and include additional members of the school community in the professional development activities required by this section.

(3)  The activities designed to implement this section must:

(a)  Increase the success of educators in guiding student learning and development so as to implement state and local educational standards, goals, and initiatives;

(b)  Assist the school community in providing stimulating educational activities that encourage and motivate students to achieve at the highest levels and to become active learners; and

(c)  Provide continuous support for all education professionals as well as temporary intervention for education professionals who need improvement in knowledge, skills, and performance.

(4)  The Department of Education, school districts, schools, and public colleges and universities share the responsibilities described in this section. These responsibilities include the following:

(a)  The department shall develop and disseminate to the school community model professional development methods and programs that have demonstrated success in meeting identified student needs. The Commissioner of Education shall use data on student achievement to identify student needs. The methods of dissemination must include a statewide performance support system, a database of exemplary professional development activities, a listing of available professional development resources, training programs, and technical assistance.

(b)  Each school district shall develop a professional development system. The system shall be developed in consultation with teachers and representatives of college and university faculty, community agencies, and other interested citizen groups to establish policy and procedures to guide the operation of the district professional development program. The professional development system must:

1.  Be approved by the department. All substantial revisions to the system shall be submitted to the department for review for continued approval.

2.  Require the use of student achievement data; school discipline data; school environment surveys; assessments of parental satisfaction; performance appraisal data of teachers, managers, and administrative personnel; and other performance indicators to identify school and student needs that can be met by improved professional performance.

3.  Provide inservice activities coupled with followup support that are appropriate to accomplish district-level and school-level improvement goals and standards. The inservice activities for instructional personnel shall primarily focus on subject content and teaching methods, including technology, as related to the Sunshine State Standards, assessment and data analysis, classroom management, and school safety.

4.  Include a master plan for inservice activities, pursuant to rules of the State Board of Education, for all district employees from all fund sources. The master plan shall be updated annually by September 1 using criteria for continued approval as specified by rules of the State Board of Education. Written verification that the inservice plan meets all requirements of this section must be submitted annually to the commissioner by October 1.

5.  Require each school principal to establish and maintain an individual professional development plan for each instructional employee assigned to the school. The individual professional development plan must:

a.  Be related to specific performance data for the students to whom the teacher is assigned.

b.  Define the inservice objectives and specific measurable improvements expected in student performance as a result of the inservice activity.

c.  Include an evaluation component that determines the effectiveness of the professional development plan.

6.  Include inservice activities for school administrative personnel that address updated skills necessary for effective school management and instructional leadership.

7.  Provide for systematic consultation with regional and state personnel designated to provide technical assistance and evaluation of local professional development programs.

8.  Provide for delivery of professional development by distance learning and other technology-based delivery systems to reach more educators at lower costs.

9.  Provide for the continuous evaluation of the quality and effectiveness of professional development programs in order to eliminate ineffective programs and strategies and to expand effective ones. Evaluations must consider the impact of such activities on the performance of participating educators and their students' achievement and behavior.

(c)  Each public community college and university shall assist the department, school districts, and schools in the design, delivery, and evaluation of professional development activities. This assistance must include active participation in state and local activities required by the professional development system.

(5)(a)  The Department of Education shall provide a system for the recruitment, preparation, and professional development of school administrative personnel. This system shall:

1.  Identify the knowledge, competencies, and skills necessary for effective school management and instructional leadership that align with student performance standards and accountability measures.

2.  Include performance evaluation methods.

3.  Provide for alternate means for preparation of school administrative personnel which may include programs designed by school districts and institutions of higher education pursuant to guidelines developed by the commissioner. Such preparation programs shall be approved by the Department of Education.

4.  Provide for the hiring of qualified out-of-state school administrative personnel.

5.  Provide advanced educational opportunities for school-based instructional leaders.

(b)  The Commissioner of Education shall appoint a task force that includes a school district superintendent, a district school board member, a principal, an assistant principal, a teacher, a dean of a college of education, and parents. The task force shall convene periodically to provide recommendations to the department in the areas of recruitment, certification, preparation, professional development, and evaluation of school administrators.

(6)  Each district school board shall provide funding for the professional development system as required by s. 236.081 and the General Appropriations Act, and shall direct expenditures from other funding sources to strengthen the system and make it uniform and coherent. A school district may coordinate its professional development program with that of another district, with an educational consortium, or with a college or university, especially in preparing and educating personnel. Each district school board shall make available inservice activities to instructional personnel of nonpublic schools in the district and the state certified teachers who are not employed by the district school board on a fee basis not to exceed the cost of the activity per all participants.

(7)  An organization of nonpublic schools which has no fewer than 10 member schools in this state, which publishes and files with the Department of Education copies of its standards, and the member schools of which comply with the provisions of chapter 232, relating to compulsory school attendance, may also develop a professional development system that includes a master plan for inservice activities. The system and inservice plan must be submitted to the commissioner for approval pursuant to rules of the State Board of Education.

(8)  The Department of Education shall design methods by which the state and district school boards may evaluate and improve the professional development system. The evaluation must include an annual assessment of data that indicate progress or lack of progress of all students. If the review of the data indicates progress, the department shall identify the best practices that attributed to the progress. If the review of the data indicates a lack of progress, the department shall investigate the causes of the lack of progress, provide technical assistance, and require the school district to employ a different approach to professional development. The department shall report annually to the State Board of Education and the Legislature any school district that, in the determination of the department, has failed to provide an adequate professional development system. This report must include the results of the department's investigation and of any intervention provided.

(9)  The State Board of Education may adopt rules pursuant to ss. 120.536(1) and 120.54 to administer this section.

(10)  This section does not limit or discourage a district school board from contracting with independent entities for professional development services and inservice education if the district school board believes that, through such a contract, a better product can be acquired or its goals for education improvement can be better met.

(11)  For teachers, managers, and administrative personnel who have been evaluated as less than satisfactory, a district school board shall require participation in specific professional development programs as part of the improvement prescription.

History.--s. 41, ch. 73-338; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 28, 29, ch. 82-242; ss. 30, 31, ch. 83-324; ss. 1, 20, 21, ch. 85-238; s. 1, ch. 95-236; s. 10, ch. 98-281; s. 60, ch. 99-398; s. 48, ch. 2000-301; s. 15, ch. 2001-61.

231.6075  Rulemaking authority; professional teacher associations.--The State Board of Education shall adopt such rules as necessary to ensure that not-for-profit, professional teacher associations which offer membership to all teachers, noninstructional personnel, and administrators, and which offer teacher training and staff development at no fee to the district shall be given equal access to voluntary teacher meetings, be provided access to teacher mailboxes for distribution of professional literature, and be authorized to collect voluntary membership fees through payroll deduction.

History.--s. 76, ch. 99-398.

231.6135  Statewide system for inservice professional development.--The intent of this section is to establish a statewide system of professional development that provides a wide range of targeted inservice training to teachers, managers, and administrative personnel designed to upgrade skills and knowledge needed to reach world class standards in education. The system shall consist of a network of professional development academies in each region of the state that are operated in partnership with area business partners to develop and deliver high-quality training programs purchased by school districts. The academies shall be established to meet the human resource development needs of professional educators, schools, and school districts. Funds appropriated for the initiation of professional development academies shall be allocated by the Commissioner of Education, unless otherwise provided in an appropriations act. To be eligible for startup funds, the academy must:

(1)  Be established by the collaborative efforts of one or more district school boards, members of the business community, and the postsecondary institutions which may award college credits for courses taught at the academy.

(2)  Demonstrate the capacity to provide effective training to improve teaching skills in the areas of elementary reading and mathematics, the use of instructional technology, high school algebra, and classroom management, and to deliver such training using face-to-face, distance learning, and individualized computer-based delivery systems.

(3)  Propose a plan for responding in an effective and timely manner to the professional development needs of teachers, managers, administrative personnel, schools, and school districts relating to improving student achievement and meeting state and local education goals.

(4)  Demonstrate the ability to provide high-quality trainers and training, appropriate followup and coaching for all participants, and support school personnel in positively impacting student performance.

(5)  Be operated under contract with its public partners and governed by an independent board of directors, which should include at least one superintendent of schools and one district school board chair from the participating school districts, the president of the collective bargaining unit that represents the majority of the region's teachers, and at least three individuals who are not employees or elected or appointed officials of the participating school districts. Regional educational consortia as defined in s. 228.0857 satisfy the requirements of this subsection.

(6)  Be financed during the first year of operation by an equal or greater match from private funding sources and demonstrate the ability to be self-supporting within 1 year after opening through fees for services, grants, or private contributions. Regional educational consortia as defined in s. 228.0857 which serve rural areas of critical economic concern are exempt from the funding match required by this subsection.

(7)  Own or lease a facility that can be used to deliver training onsite and through distance learning and other technology-based delivery systems. The participating district school boards may lease a site or facility to the academy for a nominal fee and may pay all or part of the costs of renovating a facility to accommodate the academy. The academy is responsible for all operational, maintenance, and repair costs.

(8)  Provide professional development services for the participating school districts as specified in the contract and may provide professional development services to other school districts, private schools, and individuals on a fee-for-services basis.

History.--s. 63, ch. 99-398; s. 49, ch. 2000-301; s. 12, ch. 2001-47.

231.62  Identification of critical teacher shortage areas.--

(1)  As used in ss. 231.621, 240.4063, and 240.4064, the term "critical teacher shortage area" applies to mathematics, science, career education, and high priority location areas. The State Board of Education may identify career education programs having critical teacher shortages. The State Board of Education shall adopt rules pursuant to ss. 120.536(1) and 120.54, necessary to annually identify other critical teacher shortage areas and high priority location areas. The state board shall also consider teacher characteristics such as ethnic background, race, and sex in determining critical teacher shortage areas. School grade levels may also be designated critical teacher shortage areas. Individual district school boards may identify other critical teacher shortage areas. Such shortages must be certified to and approved by the State Board of Education. High priority location areas shall be in high-density, low-economic urban schools and low-density, low-economic rural schools and shall include schools which meet criteria which include, but are not limited to, the percentage of free lunches, the percentage of students under Chapter I of the Education Consolidation and Improvement Act of 1981, and the faculty attrition rate.

(2)  This section shall be implemented only to the extent as specifically funded and authorized by law.

History.--ss. 2, 23, ch. 83-327; s. 6, ch. 83-348; s. 21, ch. 90-288; s. 43, ch. 92-136; s. 14, ch. 92-144; s. 59, ch. 94-232; s. 51, ch. 2000-301.

231.621  Critical Teacher Shortage Student Loan Forgiveness Program.--

(1)  The Critical Teacher Shortage Student Loan Forgiveness Program is established to encourage qualified personnel to seek employment in subject areas in which critical teacher shortages exist, as identified annually by the State Board of Education. The primary function of the program is to make repayments towards loans received by students from federal programs or commercial lending institutions for the support of postsecondary education study. Repayments are intended to be made to qualified applicants who begin teaching for the first time in designated subject areas, and who apply during their first year of teaching as certified teachers in these subject areas.

(2)  From the funds available, the Department of Education may make loan principal repayments as follows:

(a)  Up to $2,500 a year for up to 4 years on behalf of selected graduates of state-approved undergraduate postsecondary teacher preparation programs, persons certified to teach pursuant to any applicable teacher certification requirements, or selected teacher preparation graduates from any state participating in the Interstate Agreement on the Qualification of Educational Personnel.

(b)  Up to $5,000 a year for up to 2 years on behalf of selected graduates of state-approved graduate postsecondary teacher preparation programs, persons with graduate degrees certified to teach pursuant to any applicable teacher certification requirements, or selected teacher preparation graduates from any state participating in the Interstate Agreement on the Qualification of Educational Personnel.

(c)  All repayments shall be contingent on continued proof of employment in the designated subject areas in this state and shall be made directly to the holder of the loan. The state shall not bear responsibility for the collection of any interest charges or other remaining balance. In the event that designated critical teacher shortage subject areas are changed by the State Board of Education, a teacher shall continue to be eligible for loan forgiveness as long as he or she continues to teach in the subject area for which the original loan repayment was made and otherwise meets all conditions of eligibility.

(3)  Students receiving a scholarship loan or a fellowship loan are not eligible to participate in the Critical Teacher Shortage Student Loan Forgiveness Program.

(4)  The State Board of Education may adopt rules pursuant to ss. 120.536(1) and 120.54, necessary for the administration of this program.

(5)  This section shall be implemented only to the extent as specifically funded and authorized by law.

History.--ss. 12, 23, ch. 83-327; s. 6, ch. 83-348; s. 14, ch. 86-225; s. 1, ch. 87-189; s. 3, ch. 89-207; s. 1256, ch. 95-147; s. 52, ch. 2000-301.

231.6215  Student Fellowship Program.--

(1)  The Student Fellowship Program is created to provide 2-year scholarship loans of $6,500 per year to students who are residents of this state and who are rising juniors at a state community college, state university, or independent postsecondary education institution that is eligible to participate in the William L. Boyd, IV, Florida Resident Access Grant Program or to education paraprofessional learning guides, as defined in s. 231.700(3), who are pursuing a bachelor's degree in order to become an associate teacher, as defined in s. 231.700(3).

(2)  The Department of Education shall administer the program in cooperation with participating postsecondary education institutions.

(a)  A student fellowship recipient shall participate in a 12-month program developed by the participating postsecondary education institution in consultation with the department.

(b)  The recipient must receive intensive preparation in a content area combined with ongoing experience with school children through internships or working with a master teacher identified as a mentor.

(3)  To continue to receive a fellowship, a student fellowship recipient must maintain satisfactory progress toward a baccalaureate degree at a participating postsecondary institution. The department shall set standards for satisfactory progress, which must exceed the standards required of other students majoring in education and which may include extracurricular activities related to the program.

(4)  A recipient may receive a fellowship loan for 2 years. The department shall forgive the fellowship loan if, within 5 years after graduation, the recipient teaches full time for 3 years at a Florida public school or for 2 years at a Florida public school designated as performance grade category "D" or "F," pursuant to s. 229.57. The department shall also forgive a loan if it finds that the recipient cannot teach for the required number of years due to the death or permanent and total disability of the recipient or other extraordinary extenuating circumstances.

(5)  If a student fellowship recipient does not graduate within 2 years, or if the recipient graduates but, within the first 5 years after graduation, does not fulfill the required employment as a teacher in a public school in this state, the fellowship recipient must repay the total amount awarded, plus annual interest of 8 percent.

(a)  Interest begins accruing the first day of the 13th month after the fourth anniversary of the month in which the recipient receives a baccalaureate degree, or after the month in which enrollment as a full-time student is terminated. Interest does not accrue during any period of deferment or eligible teaching service.

(b)  The repayment period begins the first day of the 13th month after the month in which the fourth anniversary of college graduation occurs or after the month in which enrollment as a full-time student is terminated.

(c)  The terms and conditions of the fellowship repayment must be contained in both a promissory note and a repayment schedule. The loan must be paid within 10 years after the date of graduation or termination of full-time enrollment, including any periods of deferment. A shorter repayment period may be granted. The minimum monthly repayment is $50 or the unpaid balance, unless otherwise approved, except that the monthly payment may not be less than the accruing interest. The recipient may prepay all or any part of the scholarship without penalty.

(d)  The holder of the promissory note may grant a deferment of repayment for a recipient who is unable to secure a teaching position that would qualify as repayment, who becomes disabled, or who experiences other hardships. Such a deferment may be granted for a total of 24 months and may not exceed 12 consecutive months.

(6)  All funds appropriated to or otherwise received by the Student Fellowship Program for scholarships, all funds received as repayment of scholarship loans, and all interest earned on these funds must be placed in a revolving fund within the State Student Financial Assistance Trust Fund. Notwithstanding the provisions of s. 216.301, and pursuant to s. 216.351, any balance in the fund at the end of any fiscal year which has been allocated to the Student Fellowship Program must remain in the fund and will be available for carrying out the purposes of this section. With the prior approval of the Legislature in the General Appropriations Act, the revolving fund may also be used for campus and summer program support and costs relating to disbursement of awards and the collection of loan repayments.

(7)  This section shall be implemented to the extent specifically funded in the General Appropriations Act.

History.--s. 53, ch. 2000-301; s. 16, ch. 2001-61.

231.625  Teacher recruitment and retention.--

(1)  The Department of Education, in cooperation with teacher organizations, district personnel offices, and colleges of education, shall concentrate on the recruitment of qualified teachers.

(2)  The Department of Education shall:

(a)  Develop and implement a system for posting teaching vacancies and establish a database of teacher applicants that is accessible within and outside the state.

(b)  Advertise in major newspapers, national professional publications, and other professional publications and in schools of education.

(c)  Utilize state and nationwide toll-free numbers.

(d)  Conduct periodic communications with district personnel directors regarding applicants.

(e)  Provide district access to the applicant database by computer or telephone.

(f)  Develop and distribute promotional materials related to teaching as a career.

(g)  Publish and distribute information pertaining to employment opportunities, application procedures, teacher certification, and teacher salaries.

(h)  Provide information related to certification procedures.

(i)  Develop and sponsor the Florida Future Educator of America Program throughout the state.

(j)  Develop, in consultation with school district staff including, but not limited to, superintendents, school board members, and district human resources personnel, a long-range plan for educator recruitment and retention. The plan shall be submitted to the Legislature, the Governor, and school districts no later than August 1, 2001.

(k)  Identify best practices for retaining high-quality teachers.

(l)  Develop, in consultation with Workforce Florida, Inc., and the Agency for Workforce Innovation, created pursuant to ss. 445.004 and 20.50, respectively, a plan for accessing and identifying available resources in the state's workforce system for the purpose of enhancing teacher recruitment and retention. The plan shall be submitted to the Governor, the President of the Senate, the Speaker of the House of Representatives, and each school district no later than August 1, 2001.

(3)  The Department of Education, in cooperation with district personnel offices, shall sponsor a job fair in a central part of the state to match in-state educators and out-of-state educators with teaching opportunities in this state.

History.--s. 20, ch. 85-109; s. 11, ch. 98-281; s. 54, ch. 2000-301; s. 13, ch. 2001-47.

231.6255  Christa McAuliffe Ambassador for Education Program.--

(1)  The Legislature recognizes that Florida continues to face teacher shortages and that fewer young people consider teaching as a career. It is the intent of the Legislature to promote the positive and rewarding aspects of being a teacher, to encourage more individuals to become teachers, and to provide annual sabbatical support for outstanding Florida teachers to serve as goodwill ambassadors for education. The Legislature further wishes to honor the memory of Christa McAuliffe, who epitomized the challenge and inspiration that teaching can be.

(2)  The Christa McAuliffe Ambassador for Education Program is established to provide salary, travel, and other related expenses annually for an outstanding Florida teacher to promote the positive aspects of teaching as a career. The goals of the program are to:

(a)  Enhance the stature of teachers and the teaching profession.

(b)  Promote the importance of quality education and teaching for our future.

(c)  Inspire and attract talented people to become teachers.

(d)  Provide information regarding Florida's scholarship and loan programs related to teaching.

(e)  Promote the teaching profession within community and business groups.

(f)  Provide information to retired military personnel and other individuals who might consider teaching as a second career.

(g)  Work with and represent the Department of Education, as needed.

(h)  Work with and encourage the efforts of school and district teachers of the year.

(i)  Support the activities of the Florida Future Educator of America Program.

(j)  Represent Florida teachers at business, trade, education, and other conferences and meetings.

(k)  Promote the teaching profession in other ways related to the teaching responsibilities, background experiences, and aspirations of the Ambassador for Education.

(3)  The Teacher of the Year shall serve as the Ambassador for Education. If the Teacher of the Year is unable to serve as the Ambassador for Education, the first runner-up shall serve in his or her place. The Department of Education shall establish application and selection procedures for determining an annual teacher of the year. Applications and selection criteria shall be developed and distributed annually by the Department of Education to all school districts. The Commissioner of Education shall establish a selection committee which assures representation from teacher organizations, administrators, and parents to select the Teacher of the Year and Ambassador for Education from among the district teachers of the year.

(4)(a)  The Commissioner of Education shall pay an annual salary, fringe benefits, travel costs, and other costs associated with administering the program.

(b)  The Ambassador for Education shall serve for 1 year, from July 1 to June 30, and shall be assured of returning to his or her teaching position upon completion of the program. The ambassador will not have a break in creditable or continuous service or employment for the period of time in which he or she participates in the program.

History.--ss. 19, 20, 21, 22, ch. 86-156; s. 12, ch. 86-195; s. 1257, ch. 95-147; s. 12, ch. 98-281; s. 55, ch. 2000-301.

231.63  Florida Educator Hall of Fame.--

(1)  The Florida Educator Hall of Fame is established to recognize and honor those persons, living or dead, who have made significant contributions to education in this state.

(2)(a)  The Florida Educator Hall of Fame shall be located in an area on the Plaza Level of the Capitol Building.

(b)  The Florida Education Foundation shall make a recommendation for the design and theme for the Florida Educator Hall of Fame. The Commissioner of Education, in consultation with the Secretary of Management Services, shall approve the foundation's recommendation.

(c)  Each person who is selected as a member shall have a plaque placed in the Florida Educator Hall of Fame. The plaque shall designate the member's particular discipline or contribution and shall set forth vital information relating to the member. Each member shall also receive a standardized memento of the member's selection.

(3)  The Florida Education Foundation shall accept nominations annually for persons to be recommended as members of the Florida Educator Hall of Fame. Floridians who have made a significant contribution to education in this state, as determined and documented by the Florida Education Foundation, shall be eligible for membership. The foundation shall recommend to the Commissioner of Education persons to be named as members of the Florida Educator Hall of Fame.

(4)  The Commissioner of Education shall name no more than four members to the Florida Educator Hall of Fame in any 1 year.

(5)  The Commissioner of Education and the Florida Education Foundation shall develop and adopt written policies to carry out the purposes of this section, including procedures to accept nominations, make recommendations for selection of members, provide recipient's travel expenses, and provide funding for the Florida Educator Hall of Fame.

(6)  The Commissioner of Education may annually request an appropriation from the Legislature sufficient to carry out the purposes of this section. The Florida Education Foundation may also provide funds to cover any or all expenses related to the Florida Educator Hall of Fame.

History.--s. 13, ch. 98-281; s. 56, ch. 2000-301.

231.67  The Florida Teachers Lead Program Stipend.--

(1)  Funding for the Florida Teachers Lead Program Stipend shall be as determined by the Legislature in the General Appropriations Act. Funds appropriated for the Florida Teachers Lead Program Stipend are provided to purchase classroom materials and supplies used in the instruction of students in kindergarten through grade 12 of the public school system. From the funds appropriated, the Commissioner of Education shall calculate an amount for each school district by prorating the total of each school district's share of the total K-12 unweighted FTE student enrollment.

(2)  From the funds allocated to each district, the district school board shall calculate an identical amount for each classroom teacher which is his or her proportionate share of the amount allocated to the district for the total number of teachers in the district. The district school board shall provide the funds no later than September 30 of each year directly to each teacher as a stipend to purchase, on behalf of the school district, classroom materials and supplies to be used in the instruction of students assigned to the teacher. Each teacher shall have sole discretion regarding which classroom materials and supplies best meet the needs of the students, when they are needed, and where they are acquired. The funds expended by individual teachers shall not be subject to state or local competitive bidding requirements. Disbursement of Florida Teachers Lead Program Stipend funds directly to each teacher shall complete the school district's expenditure of these funds.

(3)  Each teacher shall sign a statement acknowledging receipt of the funds, agreeing to keep receipts to show the expenditure of the funds used to purchase classroom materials and supplies for use in the instruction of the students assigned to them, and agreeing to return any unused funds by the end of the regular school year. The statement to be signed and dated by each teacher for receipt of the Florida Teachers Lead Program Stipend shall include the wording: "I,  (Name of teacher) , am employed by the _____ County District School Board as a full-time classroom teacher. I acknowledge that Florida Teachers Lead Program Stipend funds are appropriated by the Legislature for the sole purpose of purchasing classroom materials and supplies to be used in the instruction of students assigned to me. In accepting custody of these funds, I agree to keep receipts for all expenditures. I understand that if I do not keep receipts showing these funds were spent to purchase classroom materials and supplies for use with my students, it will be my personal responsibility to pay any federal taxes due on these funds. I also agree to return any unused funds to the district school board at the end of the regular school year for deposit into the School Advisory Council account of the school at which I was employed at the time of the receipt of the funds."

(4)  Florida Teachers Lead Program Stipend funds shall be provided to each teacher in addition to any other funds appropriated for public school operations.

(5)  Any unused funds which are returned to the district school board shall be deposited into the School Advisory Council account of the school at which the teacher returning the funds was employed at the time of the receipt of the funds.

(6)  For purposes of this section, the term "classroom teacher" includes certified teachers employed on or before September 1 of each year whose full-time job responsibility is the classroom instruction of students in kindergarten through grade 12, and full-time media specialists and guidance counselors who serve students in kindergarten through grade 12. Only school district personnel employed in these positions are eligible for the classroom materials and supply stipend from funds appropriated to implement the provisions of this section.

History.--s. 18, ch. 97-384; s. 58, ch. 2000-301.

231.700  Florida Mentor Teacher School Pilot Program.--

(1)  The Legislature recognizes that high-quality teachers are essential to assuring excellence and increasing the achievement levels of all students. The purpose of this section is to provide a model to reform and improve the current structure of the teaching profession. There is created a Florida Mentor Teacher School Pilot Program to attract, retain, and motivate high-quality teachers. The program shall be implemented by the 2001-2002 school year. The pilot schools shall be selected by the Commissioner of Education no later than July 1, 2001. The commissioner shall select a combination of elementary, middle, and high schools representing small, medium, and large districts. Each approved school shall receive an equivalent grant based upon the number of schools selected by the commissioner and the amount of the legislative appropriation. Each mentor teacher school program shall be approved based on criteria specified by the commissioner.

(2)  The goals of the Florida Mentor Teacher School Pilot Program are to:

(a)  Provide teachers with multiple career paths, beginning as education paraprofessionals and rising to associate teachers, teachers, lead teachers, and mentor teachers. The five levels must have highly differentiated duties. The mentor teacher shall have a reduced teaching schedule that permits weekly instruction to all students under the mentor teacher's supervision while also allowing for demonstration lessons, coaching, facilitating curriculum development, and providing staff development for other teachers at the school.

(b)  Establish broad salary ranges to provide flexibility and to reward performance and to negotiate salaries to attract teachers to hard-to-staff schools and subjects. Advancement shall be determined by academic achievement, examination, demonstration, and student learning gains data. Each mentor teacher shall be eligible for a total annual salary incentive of up to twice the average district classroom teacher's salary. Fifty percent of the mentor teacher salary incentive shall be based on increased student achievement of students assigned to the supervision of the mentor teacher.

(c)  Provide ongoing professional development for teachers to learn and grow professionally that includes a daily block of time for associate teachers, teachers, and lead teachers to reflect and plan and to interact with the mentor teacher.

(d)  Provide all eligible teachers with the opportunity for national certification.

(e)  Provide for a specified organizational pattern, such as clusters or teams of teachers for grade levels or subject areas comprised of associate teachers, teachers, and lead teachers who are supported by education paraprofessional learning guides and directed by a mentor teacher.

(3)  The five teacher career development positions and minimum requirements are:

(a)  Education paraprofessional learning guide.--An education paraprofessional learning guide must hold an associate degree from an institution of higher learning and must demonstrate appropriate writing, speaking, and computation skills.

(b)  Associate teacher.--An associate teacher must hold a bachelor's degree from an institution of higher learning and a valid Florida teaching certificate as provided by s. 231.17.

(c)  Teacher.--A teacher must hold a bachelor's degree or higher from an institution of higher learning and a valid Florida teaching certificate, have a minimum of 3 years' full-time teaching experience, document satisfactory teaching performance, and document evidence of positive student learning gains, when data become available.

(d)  Lead teacher.--A lead teacher must hold a bachelor's degree or higher from an institution of higher learning and a valid Florida professional teaching certificate, have a minimum of 3 years' full-time teaching experience, document exemplary teaching performance, and document evidence of significant positive student learning gains, when data become available. A lead teacher shall provide intensive support for associate teachers and teachers.

(e)  Mentor teacher.--A mentor teacher must:

1.  Hold a bachelor's degree or higher from an institution of higher learning and a valid Florida professional teaching certificate.

2.  Have a minimum of 5 years' full-time teaching experience.

3.  Document exemplary teaching performance.

4.  Document evidence of significant positive student learning gains, when data become available.

5.  Hold a valid National Board for Professional Teaching Standards certificate; have been selected as a school, district, or state teacher of the year; or hold an equivalent status as determined by the commissioner.

6.  Demonstrate expertise as a staff developer.

(4)  The Commissioner of Education may adopt rules, pursuant to ss. 120.536(1) and 120.54, for the implementation of this section and approval of the mentor teacher school program.

(5)  This section shall be implemented to the extent specifically funded in the General Appropriations Act.

History.--s. 59, ch. 2000-301; s. 14, ch. 2001-47.

231.800  Florida educators professional liability insurance protection.--

(1)  The Legislature intends that all the teachers in this state be protected from liability for monetary damages and the cost of defense of actions resulting from claims made against them arising out of occurrences in the course of activities in their professional capacity.

(2)(a)  Beginning July 1, 2001, educator professional liability coverage for all instructional personnel, as defined by s. 228.041(9), who are full-time personnel, as defined by the district school board policy, shall be provided by specific appropriations under the General Appropriations Act.

(b)  Beginning July 1, 2001, educator professional liability coverage shall be extended at cost to all instructional personnel, as defined by s. 228.041(9), who are part-time personnel, as defined by the district school board policy, and choose to participate in the state-provided program.

(c)  Beginning July 1, 2001, educator professional liability coverage shall be extended at cost to all administrative personnel, as defined by s. 228.041(10), who choose to participate in the state-provided program.

(3)  In implementing line item 138A of the 2001-2002 General Appropriations Act, the Department of Education shall administer the educator liability program. The insurance carrier providing any portion of educator professional liability coverage under the program which is procured with state funds must be selected by a competitive process. The amount of the appropriation for purchase of liability insurance remaining after liability insurance is provided shall revert to general revenue unallocated.

History.--s. 1, ch. 2001-46.