House Bill hb1193

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    Florida House of Representatives - 2001                HB 1193

        By Representative Arza






  1                      A bill to be entitled

  2         An act relating to teacher quality; amending s.

  3         121.091, F.S.; revising provisions relating to

  4         the reemployment of retired members of the

  5         Florida Retirement System as school district

  6         personnel; amending s. 228.041, F.S.; revising

  7         the definition of "other instructional staff"

  8         to include adjunct educators; amending s.

  9         230.23, F.S.; prohibiting a district school

10         board from assigning any instructional

11         personnel or school administrator to a school

12         unless the principal of that school approves

13         the assignment; deleting provisions relating to

14         salary supplements provided to teachers

15         selected to teach at certain low-performing

16         schools; amending s. 230.33, F.S.; prohibiting

17         a superintendent of schools from recommending

18         the assignment of any instructional personnel

19         or school administrator to a school unless the

20         principal of that school approves the

21         assignment; amending s. 231.17, F.S.;

22         authorizing the use of an approved alternative

23         certification program by a district other than

24         that which developed the program, upon

25         notification to the department and approval of

26         any modifications; creating s. 231.1726, F.S.;

27         providing for certification of adjunct

28         educators; amending s. 231.262, F.S.; requiring

29         each district school board to develop policies

30         and procedures relating to the reporting of

31         complaints against teachers; charging the

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  1         superintendent of schools with knowledge of

  2         such policies and procedures; stating that a

  3         superintendent is presumed to have knowledge of

  4         each legally sufficient complaint; authorizing

  5         the withholding of discretionary funds from a

  6         school district, and the imposition and

  7         collection of fines against a school district

  8         and superintendent, for noncompliance;

  9         authorizing the temporary suspension of a

10         teaching certificate pending the completion of

11         proceedings in order to protect the health,

12         safety, and welfare of students; correcting

13         cross references to conform; amending s.

14         231.36, F.S.; including adjunct educators in

15         provisions relating to contracts with

16         instructional staff; requiring a school board,

17         subject to applicable collective bargaining

18         requirements, to recognize and accept years of

19         satisfactory performance for purposes of pay

20         and retirement; providing an exemption;

21         amending s. 231.625, F.S.; requiring the

22         Department of Education to develop and

23         implement a system for posting teaching

24         vacancies, establish a database of teacher

25         applicants, develop a long-range plan for

26         educator recruitment and retention, and

27         identify best practices for retaining

28         high-quality teachers; deleting the requirement

29         that the department develop standardized

30         resumes for teacher applicant data and review

31         and recommend to the Legislature and school

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  1         districts incentives for attracting teachers to

  2         Florida; creating s. 231.675, F.S.;

  3         establishing the advanced placement instruction

  4         bonus program; specifying amounts of bonuses;

  5         limiting the amount awarded to a teacher

  6         annually; providing an appropriation; amending

  7         s. 231.700, F.S.; revising the Florida Mentor

  8         Teacher School Pilot Program to conform

  9         terminology; clarifying requirements for mentor

10         teachers; repealing s. 236.081(1)(k) and (m),

11         F.S., relating to calculations of additional

12         full-time equivalent membership based on

13         international baccalaureate examination scores

14         of students and based on college board advanced

15         placement scores of students; amending s.

16         236.08106, F.S.; clarifying requirements

17         relating to the amount of required mentoring or

18         related services for receipt of an Excellent

19         Teaching Program bonus; amending s. 231.261,

20         F.S.; correcting a cross reference; amending

21         ss. 230.2305, 231.045, 231.1725, 231.36,

22         231.471, and 232.435, F.S., relating to

23         standards for staff of prekindergarten early

24         intervention programs; periodic criminal

25         history record checks; employment of substitute

26         teachers, teachers of adult education,

27         nondegreed teachers of career education, and

28         career specialists; professional service

29         contracts; part-time teachers; and athletic

30         trainers, respectively; revising provisions to

31         include adjunct educators; amending s. 240.529,

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  1         F.S.; providing a waiver of 9 semester hours of

  2         professional education course requirements for

  3         certain teacher preparation program

  4         participants; providing an effective date.

  5

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

  7

  8         Section 1.  Paragraph (b) of subsection (9) of section

  9  121.091, Florida Statutes, is amended to read:

10         121.091  Benefits payable under the system.--Benefits

11  may not be paid under this section unless the member has

12  terminated employment as provided in s. 121.021(39)(a) or

13  begun participation in the Deferred Retirement Option Program

14  as provided in subsection (13), and a proper application has

15  been filed in the manner prescribed by the department. The

16  department may cancel an application for retirement benefits

17  when the member or beneficiary fails to timely provide the

18  information and documents required by this chapter and the

19  department's rules. The department shall adopt rules

20  establishing procedures for application for retirement

21  benefits and for the cancellation of such application when the

22  required information or documents are not received.

23         (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--

24         (b)1.  Any person who is retired under this chapter,

25  except under the disability retirement provisions of

26  subsection (4), may be reemployed by any private or public

27  employer after retirement and receive retirement benefits and

28  compensation from his or her employer without any limitations,

29  except that a person, with the exception of school district

30  instructional personnel, as defined by s. 228.041(9)(a)-(d)

31  and administrative personnel as defined by s. 228.041(10) who

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  1  shall be reemployed pursuant to subparagraph 3., may not

  2  receive both a salary from reemployment with any agency

  3  participating in the Florida Retirement System and retirement

  4  benefits under this chapter for a period of 12 months

  5  immediately subsequent to the date of retirement. However, a

  6  DROP participant shall continue employment and receive a

  7  salary during the period of participation in the Deferred

  8  Retirement Option Program, as provided in subsection (13).

  9         2.  Any person to whom the limitation in subparagraph

10  1. applies who violates such reemployment limitation and who

11  is reemployed with any agency participating in the Florida

12  Retirement System before completion of the 12-month limitation

13  period shall give timely notice of this fact in writing to the

14  employer and to the division and shall have his or her

15  retirement benefits suspended for the balance of the 12-month

16  limitation period.  Any person employed in violation of this

17  paragraph and any employing agency which knowingly employs or

18  appoints such person without notifying the Division of

19  Retirement to suspend retirement benefits shall be jointly and

20  severally liable for reimbursement to the retirement trust

21  fund of any benefits paid during the reemployment limitation

22  period.  To avoid liability, such employing agency shall have

23  a written statement from the retiree that he or she is not

24  retired from a state-administered retirement system.  Any

25  retirement benefits received while reemployed during this

26  reemployment limitation period shall be repaid to the

27  retirement trust fund, and retirement benefits shall remain

28  suspended until such repayment has been made.  Benefits

29  suspended beyond the reemployment limitation shall apply

30  toward repayment of benefits received in violation of the

31  reemployment limitation.

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  1         3.a.  A district school board may reemploy a retired

  2  member as a substitute or hourly teacher, education

  3  paraprofessional, transportation assistant, bus driver, or

  4  food service worker on a noncontractual basis after he or she

  5  has been retired for 1 calendar month, in accordance with s.

  6  121.021(39).  Any retired member who is reemployed within 1

  7  calendar month after retirement shall void his or her

  8  application for retirement benefits. District school boards

  9  reemploying such teachers, education paraprofessionals,

10  transportation assistants, bus drivers, or food service

11  workers are subject to the retirement contribution required by

12  subparagraph 7.  Reemployment of a retired member as a

13  substitute or hourly teacher, education paraprofessional,

14  transportation assistant, bus driver, or food service worker

15  is limited to 780 hours during the first 12 months of his or

16  her retirement.  Any retired member reemployed for more than

17  780 hours during his or her first 12 months of retirement

18  shall give timely notice in writing to the employer and to the

19  division of the date he or she will exceed the limitation.

20  The division shall suspend his or her retirement benefits for

21  the remainder of the first 12 months of retirement.  Any

22  person employed in violation of this subparagraph and any

23  employing agency which knowingly employs or appoints such

24  person without notifying the Division of Retirement to suspend

25  retirement benefits shall be jointly and severally liable for

26  reimbursement to the retirement trust fund of any benefits

27  paid during the reemployment limitation period.  To avoid

28  liability, such employing agency shall have a written

29  statement from the retiree that he or she is not retired from

30  a state-administered retirement system.  Any retirement

31  benefits received by a retired member while reemployed in

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  1  excess of 780 hours during the first 12 months of retirement

  2  shall be repaid to the Retirement System Trust Fund, and his

  3  or her retirement benefits shall remain suspended until

  4  repayment is made.  Benefits suspended beyond the end of the

  5  retired member's first 12 months of retirement shall apply

  6  toward repayment of benefits received in violation of the

  7  780-hour reemployment limitation.

  8         b.  A district school board may reemploy a retired

  9  member as full-time instructional personnel as defined by s.

10  228.041(9)(a)-(d) or full-time administrative personnel as

11  defined by s. 228.041(10) after he or she has been retired for

12  1 calendar month, in accordance with s. 121.021(39). Any

13  retired member who is reemployed pursuant to this

14  sub-subparagraph within 1 calendar month after retirement

15  shall void his or her application for retirement benefits.

16  District school boards reemploying such instructional or

17  administrative personnel are subject to the retirement

18  contribution required by subparagraph 7.

19         4.  A community college board of trustees may reemploy

20  a retired member as an adjunct instructor, that is, an

21  instructor who is noncontractual and part-time, or as a

22  participant in a phased retirement program within the Florida

23  Community College System, after he or she has been retired for

24  1 calendar month, in accordance with s. 121.021(39).  Any

25  retired member who is reemployed within 1 calendar month after

26  retirement shall void his or her application for retirement

27  benefits.  Boards of trustees reemploying such instructors are

28  subject to the retirement contribution required in

29  subparagraph 7.  A retired member may be reemployed as an

30  adjunct instructor for no more than 780 hours during the first

31  12 months of retirement.  Any retired member reemployed for

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  1  more than 780 hours during the first 12 months of retirement

  2  shall give timely notice in writing to the employer and to the

  3  division of the date he or she will exceed the limitation.

  4  The division shall suspend his or her retirement benefits for

  5  the remainder of the first 12 months of retirement.  Any

  6  person employed in violation of this subparagraph and any

  7  employing agency which knowingly employs or appoints such

  8  person without notifying the Division of Retirement to suspend

  9  retirement benefits shall be jointly and severally liable for

10  reimbursement to the retirement trust fund of any benefits

11  paid during the reemployment limitation period.  To avoid

12  liability, such employing agency shall have a written

13  statement from the retiree that he or she is not retired from

14  a state-administered retirement system.  Any retirement

15  benefits received by a retired member while reemployed in

16  excess of 780 hours during the first 12 months of retirement

17  shall be repaid to the Retirement System Trust Fund, and

18  retirement benefits shall remain suspended until repayment is

19  made.  Benefits suspended beyond the end of the retired

20  member's first 12 months of retirement shall apply toward

21  repayment of benefits received in violation of the 780-hour

22  reemployment limitation.

23         5.  The State University System may reemploy a retired

24  member as an adjunct faculty member or as a participant in a

25  phased retirement program within the State University System

26  after the retired member has been retired for 1 calendar

27  month, in accordance with s. 121.021(39).  Any retired member

28  who is reemployed within 1 calendar month after retirement

29  shall void his or her application for retirement benefits.

30  The State University System is subject to the retired

31  contribution required in subparagraph 7., as appropriate. A

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  1  retired member may be reemployed as an adjunct faculty member

  2  or a participant in a phased retirement program for no more

  3  than 780 hours during the first 12 months of his or her

  4  retirement.  Any retired member reemployed for more than 780

  5  hours during the first 12 months of retirement shall give

  6  timely notice in writing to the employer and to the division

  7  of the date he or she will exceed the limitation.  The

  8  division shall suspend his or her retirement benefits for the

  9  remainder of the first 12 months of retirement.  Any person

10  employed in violation of this subparagraph and any employing

11  agency which knowingly employs or appoints such person without

12  notifying the Division of Retirement to suspend retirement

13  benefits shall be jointly and severally liable for

14  reimbursement to the retirement trust fund of any benefits

15  paid during the reemployment limitation period.  To avoid

16  liability, such employing agency shall have a written

17  statement from the retiree that he or she is not retired from

18  a state-administered retirement system.  Any retirement

19  benefits received by a retired member while reemployed in

20  excess of 780 hours during the first 12 months of retirement

21  shall be repaid to the Retirement System Trust Fund, and

22  retirement benefits shall remain suspended until repayment is

23  made.  Benefits suspended beyond the end of the retired

24  member's first 12 months of retirement shall apply toward

25  repayment of benefits received in violation of the 780-hour

26  reemployment limitation.

27         6.  The Board of Trustees of the Florida School for the

28  Deaf and the Blind may reemploy a retired member as a

29  substitute teacher, substitute residential instructor, or

30  substitute nurse on a noncontractual basis after he or she has

31  been retired for 1 calendar month, in accordance with s.

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  1  121.021(39).  Any retired member who is reemployed within 1

  2  calendar month after retirement shall void his or her

  3  application for retirement benefits. The Board of Trustees of

  4  the Florida School for the Deaf and the Blind reemploying such

  5  teachers, residential instructors, or nurses is subject to the

  6  retirement contribution required by subparagraph 7.

  7  Reemployment of a retired member as a substitute teacher,

  8  substitute residential instructor, or substitute nurse is

  9  limited to 780 hours during the first 12 months of his or her

10  retirement.  Any retired member reemployed for more than 780

11  hours during the first 12 months of retirement shall give

12  timely notice in writing to the employer and to the division

13  of the date he or she will exceed the limitation. The division

14  shall suspend his or her retirement benefits for the remainder

15  of the first 12 months of retirement.  Any person employed in

16  violation of this subparagraph and any employing agency which

17  knowingly employs or appoints such person without notifying

18  the Division of Retirement to suspend retirement benefits

19  shall be jointly and severally liable for reimbursement to the

20  retirement trust fund of any benefits paid during the

21  reemployment limitation period.  To avoid liability, such

22  employing agency shall have a written statement from the

23  retiree that he or she is not retired from a

24  state-administered retirement system.  Any retirement benefits

25  received by a retired member while reemployed in excess of 780

26  hours during the first 12 months of retirement shall be repaid

27  to the Retirement System Trust Fund, and his or her retirement

28  benefits shall remain suspended until payment is made.

29  Benefits suspended beyond the end of the retired member's

30  first 12 months of retirement shall apply toward repayment of

31

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  1  benefits received in violation of the 780-hour reemployment

  2  limitation.

  3         7.  The employment by an employer of any retiree or

  4  DROP participant of any state-administered retirement system

  5  shall have no effect on the average final compensation or

  6  years of creditable service of the retiree or DROP

  7  participant.  Prior to July 1, 1991, upon employment of any

  8  person, other than an elected officer as provided in s.

  9  121.053, who has been retired under any state-administered

10  retirement program, the employer shall pay retirement

11  contributions in an amount equal to the unfunded actuarial

12  liability portion of the employer contribution which would be

13  required for regular members of the Florida Retirement System.

14  Effective July 1, 1991, contributions shall be made as

15  provided in s. 121.122 for retirees with renewed membership or

16  subsection (13) with respect to DROP participants.

17         8.  Any person who has previously retired and who is

18  holding an elective public office or an appointment to an

19  elective public office eligible for the Elected Officers'

20  Class on or after July 1, 1990, shall be enrolled in the

21  Florida Retirement System as provided in s. 121.053(1)(b) or,

22  if holding an elective public office that does not qualify for

23  the Elected Officers' Class on or after July 1, 1991, shall be

24  enrolled in the Florida Retirement System as provided in s.

25  121.122, and shall continue to receive retirement benefits as

26  well as compensation for the elected officer's service for as

27  long as he or she remains in elective office. However, any

28  retired member who served in an elective office prior to July

29  1, 1990, suspended his or her retirement benefit, and had his

30  or her Florida Retirement System membership reinstated shall,

31  upon retirement from such office, have his or her retirement

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  1  benefit recalculated to include the additional service and

  2  compensation earned.

  3         9.  Any person who is holding an elective public office

  4  which is covered by the Florida Retirement System and who is

  5  concurrently employed in nonelected covered employment may

  6  elect to retire while continuing employment in the elective

  7  public office, provided that he or she shall be required to

  8  terminate his or her nonelected covered employment.  Any

  9  person who exercises this election shall receive his or her

10  retirement benefits in addition to the compensation of the

11  elective office without regard to the time limitations

12  otherwise provided in this subsection.  No person who seeks to

13  exercise the provisions of this subparagraph, as the same

14  existed prior to May 3, 1984, shall be deemed to be retired

15  under those provisions, unless such person is eligible to

16  retire under the provisions of this subparagraph, as amended

17  by chapter 84-11, Laws of Florida.

18         10.  The limitations of this paragraph apply to

19  reemployment in any capacity with an "employer" as defined in

20  s. 121.021(10), irrespective of the category of funds from

21  which the person is compensated.

22         11.  From July 1, 1997, through December 31, 1998,

23  notwithstanding the limitations of this subsection, except

24  that any retiree who is reemployed within 1 calendar month

25  after retirement shall void his or her application for

26  retirement benefits, any retiree of the Florida Retirement

27  System may be reemployed by a covered employer during the 2nd

28  through 12th months of the reemployment limitation period

29  without suspending his or her retirement benefits, provided

30  that the reemployment is for the sole purpose of working on

31  the technical aspects of correcting or replacing the computer

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  1  systems and programs necessary to resolve the year 2000 date

  2  problem for computing which confronts all public employers

  3  covered by the Florida Retirement System.

  4         Section 2.  Paragraph (d) of subsection (9) of section

  5  228.041, Florida Statutes, is amended to read:

  6         228.041  Definitions.--Specific definitions shall be as

  7  follows, and wherever such defined words or terms are used in

  8  the Florida School Code, they shall be used as follows:

  9         (9)  INSTRUCTIONAL PERSONNEL.--"Instructional

10  personnel" means any staff member whose function includes the

11  provision of direct instructional services to students.

12  Instructional personnel also includes personnel whose

13  functions provide direct support in the learning process of

14  students.  Included in the classification of instructional

15  personnel are:

16         (d)  Other instructional staff.--Other instructional

17  staff are staff members who are part of the instructional

18  staff but are not classified in one of the categories

19  specified in paragraphs (a)-(c). Included in this

20  classification are primary specialists, learning resource

21  specialists, instructional trainers, adjunct educators

22  certified pursuant to s. 231.1726, and similar positions.

23         Section 3.  Paragraph (a) of subsection (5) and

24  paragraph (c) of subsection (16) of section 230.23, Florida

25  Statutes, are amended to read:

26         230.23  Powers and duties of school board.--The school

27  board, acting as a board, shall exercise all powers and

28  perform all duties listed below:

29         (5)  PERSONNEL.--Designate positions to be filled,

30  prescribe qualifications for those positions, and provide for

31  the appointment, compensation, promotion, suspension, and

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  1  dismissal of employees as follows, subject to the requirements

  2  of chapter 231:

  3         (a)  Positions, qualifications, and appointments.--Act

  4  upon written recommendations submitted by the superintendent

  5  of schools for positions to be filled and for minimum

  6  qualifications for personnel for the various positions and act

  7  upon written nominations of persons to fill such positions.

  8  The superintendent of schools' recommendations for filling

  9  instructional institutional positions at the school level must

10  consider nominations received from school principals of the

11  respective schools. The district school board shall not assign

12  any instructional personnel or school administrator, as

13  defined in s. 228.041(10)(c), to a school unless the principal

14  of that school approves the assignment. The district school

15  board may reject for good cause any employee nominated. If the

16  third nomination by the superintendent of schools for any

17  position is rejected for good cause, if the superintendent of

18  schools fails to submit a nomination for initial employment

19  within a reasonable time as prescribed by the district school

20  board, or if the superintendent of schools fails to submit a

21  nomination for reemployment within the time prescribed by law,

22  the district school board may proceed on its own motion to

23  fill such position. The district school board's decision to

24  reject a person's nomination does not give that person a right

25  of action to sue over the rejection and may not be used as a

26  cause of action by the nominated employee.

27         (16)  IMPLEMENT SCHOOL IMPROVEMENT AND

28  ACCOUNTABILITY.--Maintain a system of school improvement and

29  education accountability as provided by statute and State

30  Board of Education rule. This system of school improvement and

31  education accountability shall be consistent with, and

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  1  implemented through, the district's continuing system of

  2  planning and budgeting required by this section and ss.

  3  229.555 and 237.041. This system of school improvement and

  4  education accountability shall include, but is not limited to,

  5  the following:

  6         (c)  Assistance and intervention.--

  7         1.  Develop a 2-year plan of increasing individualized

  8  assistance and intervention for each school in danger of not

  9  meeting state standards or making adequate progress, as

10  defined pursuant to statute and State Board of Education rule,

11  toward meeting the goals and standards of its approved school

12  improvement plan.

13         2.  A school that is identified as being in performance

14  grade category "D" pursuant to s. 229.57 is in danger of

15  failing and must be provided assistance and intervention.

16         3.a.  Each district school board shall develop a plan

17  to encourage teachers with demonstrated mastery in improving

18  student performance to remain at or transfer to a school

19  designated as performance grade category "D" or "F" or to an

20  alternative school that serves disruptive or violent youths.

21  If a classroom teacher, as defined by s. 228.041(9)(a), who

22  meets the definition of teaching mastery developed according

23  to the provisions of this paragraph, requests assignment to a

24  school designated as performance grade category "D" or "F" or

25  to an alternative school that serves disruptive or violent

26  youths, the district school board shall make every practical

27  effort to grant the request.

28         b.  For initial implementation in 2000-2001 and until

29  full implementation of an annual assessment of learning gains,

30  a classroom teacher who is selected by the school principal

31  based on his or her performance appraisal and student

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  1  achievement data to teach at a school designated as

  2  performance grade category "D" or "F" or at an alternative

  3  that serves disruptive or violent youths shall receive a

  4  supplement of at least $1,000, not to exceed $3,500, as

  5  provided for annually in the General Appropriations Act, each

  6  year he or she teaches at a school designated as performance

  7  grade category "D" or "F" or at an alternative school that

  8  serves disruptive or violent youths.

  9         c.  Beginning with the full implementation of an annual

10  assessment of learning gains, a classroom teacher whose

11  effectiveness has been proven based upon positive learning

12  gains of his or her students as measured by annual FCAT

13  assessments pursuant to s. 229.57, is eligible for an annual

14  supplement of at least $1,000, not to exceed $3,500, as

15  provided for annually in the General Appropriations Act, each

16  year he or she teaches at a school designated as performance

17  grade category "D" or "F" or at an alternative school that

18  serves disruptive or violent youths.

19         d.  In the absence of an FCAT assessment, measurement

20  of learning gains of students shall be as provided in s.

21  229.57(12). The supplement received under this paragraph shall

22  be in addition to any supplement or bonus received as a result

23  of other local or state pay incentives based on performance.

24         e.  The Commissioner of Education shall adopt rules to

25  determine the measures that define "teaching mastery" for

26  purposes of this subparagraph.

27         4.  District school boards are encouraged to prioritize

28  the expenditures of funds received from the supplemental

29  academic instruction categorical fund under s. 236.08104 to

30  improve student performance in schools that receive a

31  performance grade category designation of "D" or "F."

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  1         Section 4.  Paragraph (a) of subsection (7) of section

  2  230.33, Florida Statutes, is amended to read:

  3         230.33  Duties and responsibilities of superintendent

  4  of schools.--The superintendent of schools shall exercise all

  5  powers and perform all duties listed below and elsewhere in

  6  the law; provided, that in so doing he or she shall advise and

  7  counsel with the district school board. The superintendent of

  8  schools shall perform all tasks necessary to make sound

  9  recommendations, nominations, proposals, and reports required

10  by law to be acted upon by the district school board.  All

11  such recommendations, nominations, proposals, and reports by

12  the superintendent of schools shall be either recorded in the

13  minutes or shall be made in writing, noted in the minutes, and

14  filed in the public records of the district school board.  It

15  shall be presumed that, in the absence of the record required

16  in this paragraph, the recommendations, nominations, and

17  proposals required of the superintendent of schools were not

18  contrary to the action taken by the district school board in

19  such matters.

20         (7)  PERSONNEL.--Be responsible, as required herein,

21  for directing the work of the personnel, subject to the

22  requirements of chapter 231, and in addition the

23  superintendent of schools shall have the following duties:

24         (a)  Positions, qualifications, and

25  nominations.--Recommend to the district school board duties

26  and responsibilities which need to be performed and positions

27  which need to be filled to make possible the development of an

28  adequate school program in the district; recommend minimum

29  qualifications of personnel for these various positions; and

30  nominate in writing persons to fill such positions. The

31  nominations of persons to fill instructional positions at each

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  1  of the district's schools must consider recommendations

  2  received from principals of the respective schools. The

  3  superintendent of schools shall not recommend the assignment

  4  of any instructional personnel or school administrator, as

  5  defined in s. 228.041(10)(c), to a school unless the principal

  6  of that school approves the assignment.

  7         Section 5.  Paragraph (b) of subsection (7) of section

  8  231.17, Florida Statutes, is amended to read:

  9         231.17  Teacher certification requirements.--

10         (7)  PROFESSIONAL PREPARATION AND EDUCATION COMPETENCY

11  PROGRAM.--

12         (b)  Until July 1, 2002, each school district may use

13  develop and maintain an alternative certification program by

14  which members of the district's instructional staff may

15  satisfy the professional education course requirements

16  specified in rules of the state board for issuance of a

17  professional certificate. The state board must adopt, by rule,

18  standards and guidelines for the approval of alternative

19  certification programs. Any program approved for use in a

20  school district may be adopted and implemented by a school

21  district other than that which developed the program. A

22  district school board choosing to adopt an alternative

23  certification program approved for another school district

24  shall provide written notification of such action to the

25  department. However, any modifications to an approved program

26  shall be submitted to the department for approval. Each

27  approved program must include methods for identifying each

28  applicant's entry-level teaching competencies and must require

29  each applicant to:

30         1.  Have expertise in the subject and meet requirements

31  for specialization in a subject area for which a professional

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  1  certificate may be issued under this chapter and rules of the

  2  state board.

  3         2.  Complete training in only those competency areas in

  4  which deficiencies are identified.

  5         3.  Complete the program within 2 years after initial

  6  employment as a member of the district's instructional staff.

  7         4.  Achieve passing scores on the professional

  8  education competency examination required by state board rule.

  9

10  Each district school board may expend educational training

11  funds provided under ss. 231.600 and 236.081 to implement the

12  provisions of this paragraph. The department must approve

13  programs and systems developed to demonstrate professional

14  preparation and education competence authorized by this

15  paragraph.

16         Section 6.  Section 231.1726, Florida Statutes, is

17  created to read:

18         231.1726  Certification of adjunct educators.--

19         (1)  Notwithstanding ss. 231.02, 231.15, and 231.17, or

20  any other provision of law or rule to the contrary, district

21  school boards may issue an adjunct teaching certificate to any

22  applicant who fulfills the requirements of s. 231.17(2)(a)-(f)

23  and who has expertise, as determined by district school board

24  policy, in the subject area to be taught. District school

25  boards shall assign a peer teacher to assist the adjunct

26  teaching certificateholder during the certificateholder's

27  first year of teaching. District school boards shall provide

28  the adjunct teaching certificateholder an orientation in

29  classroom management prior to assigning the certificateholder

30  to a school. Each adjunct teaching certificate is valid for 5

31  school years and is renewable, if:

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  1         (a)  The applicant completes a minimum of 60 inservice

  2  points or 3 semester hours of college credit. The earned

  3  credits must include instruction in classroom management,

  4  district school board procedures, school culture, and other

  5  activities that enhance the professional teaching skills of

  6  the certificateholder.

  7         (b)  The applicant has received satisfactory

  8  performance evaluations during each year of teaching under

  9  adjunct certification.

10         (2)  Individuals who are certified and employed

11  pursuant to this section shall have the same rights and

12  protection of laws as teachers certified pursuant to s.

13  231.17.

14         Section 7.  Paragraphs (a) and (c) of subsection (1)

15  and subsection (4) of section 231.262, Florida Statutes, are

16  amended, new subsection (5) is added to said section, present

17  subsection (5) of said section is renumbered and amended, and

18  present subsections (6) through (8) of said section are

19  renumbered as subsections (7) through (9), respectively, to

20  read:

21         231.262  Complaints against teachers and

22  administrators; procedure; penalties.--

23         (1)(a)  The Department of Education shall cause to be

24  investigated expeditiously any complaint filed before it or

25  otherwise called to its attention which, if legally

26  sufficient, contains grounds for the revocation or suspension

27  of a certificate or any other appropriate penalty as set forth

28  in subsection (7) (6). The complaint is legally sufficient if

29  it contains the ultimate facts which show a violation has

30  occurred as provided in s. 231.2615. The department may

31  investigate or continue to investigate and take appropriate

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  1  action in a complaint even though the original complainant

  2  withdraws the complaint or otherwise indicates a desire not to

  3  cause it to be investigated or prosecuted to completion. The

  4  department may investigate or continue to investigate and take

  5  action on a complaint filed against a person whose teaching

  6  certificate has expired if the act or acts which are the basis

  7  for the complaint were allegedly committed while that person

  8  possessed a teaching certificate.

  9         (c)  Each school district shall file in writing with

10  the department all legally sufficient complaints within 30

11  days after the date on which subject matter of the complaint

12  comes to the attention of the school district. The school

13  district shall include all information relating to the

14  complaint which is known to the school district at the time of

15  filing. Each district school board shall develop policies and

16  procedures to comply with this reporting requirement and to

17  ensure that the superintendent of schools is promptly informed

18  of each legally sufficient complaint. The superintendent of

19  schools is charged with knowledge of these policies and

20  procedures and is presumed to have knowledge of each legally

21  sufficient complaint. If either the district school board or

22  the superintendent of schools fails to comply with the

23  requirements of this subsection, in addition to other actions

24  against certificateholders authorized by law, the Commissioner

25  of Education may, in his or her discretion, permanently

26  withhold all or a portion of discretionary funds that might

27  otherwise be available to such school district during the

28  period of noncompliance, and may also impose and collect a

29  fine against such school district and superintendent of

30  schools in an amount not to exceed $1,000 for each day of

31  noncompliance. The school district and superintendent of

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  1  schools shall be jointly and severally liable for such fine.

  2  This paragraph does not limit or restrict the power and duty

  3  of the department to investigate complaints as provided in

  4  paragraphs (a) and (b), regardless of the school district's

  5  untimely filing, or failure to file, complaints and followup

  6  reports.

  7         (4)  The complaint and all information obtained

  8  pursuant to the investigation by the department shall be

  9  confidential and exempt from the provisions of s. 119.07(1)

10  until the conclusion of the preliminary investigation of the

11  complaint, until such time as the preliminary investigation

12  ceases to be active, or until such time as otherwise provided

13  by s. 231.263(6). However, the complaint and all material

14  assembled during the investigation may be inspected and copied

15  by the certificateholder under investigation, or the

16  certificateholder's designee, after the investigation is

17  concluded, but prior to the determination of probable cause by

18  the commissioner. If the preliminary investigation is

19  concluded with the finding that there is no probable cause to

20  proceed, the complaint and information shall be open

21  thereafter to inspection pursuant to s. 119.07(1). If the

22  preliminary investigation is concluded with the finding that

23  there is probable cause to proceed and a complaint is filed

24  pursuant to subsection (6) (5), the complaint and information

25  shall be open thereafter to inspection pursuant to s.

26  119.97(1). If the preliminary investigation ceases to be

27  active, the complaint and all such material shall be open

28  thereafter to inspection pursuant to s. 119.07(1), except as

29  otherwise provided pursuant to s. 231.263(6)(d). For the

30  purpose of this subsection, a preliminary investigation shall

31  be considered active as long as it is continuing with a

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  1  reasonable, good faith anticipation that an administrative

  2  finding will be made in the foreseeable future.

  3         (5)  In order to protect the health, safety, and

  4  welfare of a minor student, the commissioner is authorized to

  5  temporarily suspend the certificate of a certificateholder

  6  pending the completion of the proceedings and the

  7  determination of sanctions, if any, pursuant to this section

  8  and s. 231.2615. The certificateholder may at any time request

  9  in writing that the commissioner set aside the temporary

10  suspension, and the commissioner may do so with or without

11  conditions. If the commissioner refuses to set aside the

12  temporary suspension, or if the certificateholder contends

13  that the commissioner's conditions are unreasonable, a

14  certificateholder whose certificate is suspended under this

15  subsection may seek review of the temporary suspension by the

16  Education Practices Commission. The Education Practices

17  Commission shall conduct a formal review of the matter and

18  issue an order sustaining or overturning the temporary

19  suspension, or setting it aside under specified conditions.

20         (6)(5)  Upon the finding of probable cause, the

21  commissioner shall file a formal complaint and prosecute the

22  complaint pursuant to the provisions of chapter 120. An

23  administrative law judge shall be assigned by the Division of

24  Administrative Hearings of the Department of Management

25  Services to hear the complaint if there are disputed issues of

26  material fact. The administrative law judge shall make

27  recommendations in accordance with the provisions of

28  subsection (7) (6) to the appropriate Education Practices

29  Commission panel which shall conduct a formal review of such

30  recommendations and other pertinent information and issue a

31

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  1  final order. The commission shall consult with its legal

  2  counsel prior to issuance of a final order.

  3         Section 8.  Paragraph (a) of subsection (1) of section

  4  231.36, Florida Statutes, is amended, and paragraph (g) is

  5  added to subsection (3) of said section, to read:

  6         231.36  Contracts with instructional staff,

  7  supervisors, and principals.--

  8         (1)(a)  Each person employed as a member of the

  9  instructional staff in any district school system shall be

10  properly certificated pursuant to s. 231.17 or s. 231.1726 or

11  employed pursuant to s. 231.1725 and shall be entitled to and

12  shall receive a written contract as specified in chapter 230.

13  All such contracts, except continuing contracts as specified

14  in subsection (4), shall contain provisions for dismissal

15  during the term of the contract only for just cause. Just

16  cause includes, but is not limited to, the following

17  instances, as defined by rule of the State Board of Education:

18  misconduct in office, incompetency, gross insubordination,

19  willful neglect of duty, or conviction of a crime involving

20  moral turpitude.

21         (3)

22         (g)  Beginning July 1, 2001, for each employee who

23  enters into a written contract, pursuant to this section, in a

24  school district in which the employee was not employed as of

25  June 30, 2001, for purposes of pay and retirement a school

26  board must, subject to any applicable collective bargaining

27  requirements, recognize and accept each year of full-time

28  teaching service, as reported for purposes of the Florida

29  Retirement System, for which an employee received a

30  satisfactory performance evaluation. Instructional personnel

31

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  1  employed pursuant to s. 121.091(9)(b)3.b. are exempt from the

  2  provisions of this paragraph.

  3         Section 9.  Subsection (2) of section 231.625, Florida

  4  Statutes, is amended to read:

  5         231.625  Teacher recruitment and retention.--

  6         (2)  The Department of Education shall:

  7         (a)  Develop and implement a system for posting

  8  teaching vacancies and establish a database of teacher

  9  applicants that is accessible within and outside the state

10  Advertise teacher positions in targeted states.

11         (b)  Advertise in major newspapers, national

12  professional publications, and other professional publications

13  and in schools of education.

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

15         (d)  Develop standardized resumes for teacher applicant

16  data.

17         (d)(e)  Conduct periodic communications with district

18  personnel directors regarding applicants.

19         (e)(f)  Provide district access to the applicant

20  database by computer or telephone.

21         (f)(g)  Develop and distribute promotional materials

22  related to teaching as a career.

23         (g)(h)  Publish and distribute information pertaining

24  to employment opportunities, application procedures, teacher

25  certification, and teacher salaries.

26         (h)(i)  Provide information related to certification

27  procedures.

28         (i)(j)  Develop and sponsor the Florida Future Educator

29  of America Program throughout the state.

30         (k)  Review and recommend to the Legislature and school

31  districts incentives for attracting teachers to this state.

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  1         (j)  Develop a long-range plan for educator recruitment

  2  and retention.

  3         (k)  Identify best practices for retaining high-quality

  4  teachers.

  5         Section 10.  Section 231.675, Florida Statutes, is

  6  created to read:

  7         231.675  Advanced placement instruction bonus

  8  program.--

  9         (1)  Each school district shall distribute to each

10  classroom teacher who provided advanced placement instruction

11  during the previous school year:

12         (a)  A bonus in the amount of $50 for each student

13  taught by the Advanced Placement teacher in each advanced

14  placement course who receives a score of 3 or higher on the

15  College Board Advanced Placement Examination.

16         (b)  An additional bonus of $500 to each Advanced

17  Placement teacher in a school designated performance grade

18  category "D" or "F" who has at least one student scoring 3 or

19  higher on the College Board Advanced Placement Examination,

20  regardless of the number of classes taught or of the number of

21  students scoring a 3 or higher on the College Board Advanced

22  Placement Examination.

23         (2)  Bonuses awarded to a teacher according to this

24  section shall not exceed $2,000 in any given school year and

25  shall be in addition to any regular wage or other bonus the

26  teacher received or is scheduled to receive.

27         (3)  The Legislature shall annually appropriate to the

28  Department of Education an amount sufficient to carry out the

29  provisions of this section.

30         Section 11.  Paragraphs (b) through (e) of subsection

31  (3) of section 231.700, Florida Statutes, are amended to read:

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  1         231.700  Florida Mentor Teacher School Pilot Program.--

  2         (3)  The five teacher career development positions and

  3  minimum requirements are:

  4         (b)  Associate teacher.--An associate teacher must hold

  5  a bachelor's degree from an institution of higher learning and

  6  a valid Florida professional teaching certificate as provided

  7  by s. 231.17.

  8         (c)  Teacher.--A teacher must hold a bachelor's degree

  9  or higher from an institution of higher learning and a valid

10  Florida professional teaching certificate, have a minimum of 3

11  years' full-time teaching experience, document satisfactory

12  teaching performance, and document evidence of positive

13  student learning gains, when that data become becomes

14  available.

15         (d)  Lead teacher.--A lead teacher must hold a

16  bachelor's degree or higher from an institution of higher

17  learning and a valid Florida professional teaching

18  certificate, have a minimum of 3 years' full-time teaching

19  experience, document exemplary teaching performance, and

20  document evidence of significant positive student learning

21  gains, when that data become becomes available. A lead teacher

22  shall provide intensive support for associate teachers and

23  teachers.

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

25         1.  Hold a bachelor's degree or higher from an

26  institution of higher learning and a valid Florida

27  professional teaching certificate.;

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

29  experience.;

30         3.  Document exemplary teaching performance.;

31

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  1         4.  Document evidence of significant positive student

  2  learning gains, when that data become becomes available.;

  3         5.  Hold a valid National Board for Professional

  4  Teaching Standards certificate; have been selected as a

  5  school, district, or state teacher of the year;, or hold an

  6  equivalent status as determined by the commissioner.; and

  7         6.  Demonstrate expertise as a staff developer.

  8         Section 12.  Paragraphs (k) and (m) of subsection (1)

  9  of section 236.081, Florida Statutes, are repealed.

10         Section 13.  Paragraph (d) of subsection (2) of section

11  236.08106, Florida Statutes, is amended to read:

12         236.08106  Excellent Teaching Program.--

13         (2)  The Excellent Teaching Program is created to

14  provide categorical funding for monetary incentives and

15  bonuses for teaching excellence. The Department of Education

16  shall distribute to each school district or to the NBPTS an

17  amount as prescribed annually by the Legislature for the

18  Excellent Teaching Program. For purposes of this section, the

19  Florida School for the Deaf and the Blind shall be considered

20  a school district. Unless otherwise provided in the General

21  Appropriations Act, each distribution shall be the sum of the

22  amounts earned for the following incentives and bonuses:

23         (d)  An annual bonus equal to 10 percent of the prior

24  fiscal year's statewide average salary for classroom teachers

25  to be distributed to the school district to be paid to each

26  individual who meets the requirements of paragraph (c) and

27  agrees, in writing, to provide the equivalent of 12 workdays

28  of mentoring and related services to public school teachers

29  within the state who do not hold NBPTS certification. The

30  district school board shall distribute the annual bonus in a

31  single payment following the completion of all required

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  1  mentoring and related services for the year. It is not the

  2  intent of the Legislature to remove excellent teachers from

  3  their assigned classrooms; therefore, credit may not be

  4  granted by a school district or public school for mentoring or

  5  related services provided during student contact time the

  6  regular school day or during the 196 days of required service

  7  for the school year.

  8

  9  A teacher for whom the state pays the certification fee and

10  who does not complete the certification program or does not

11  teach in a public school of this state for at least 1 year

12  after completing the certification program must repay the

13  amount of the certification fee to the state. However, a

14  teacher who completes the certification program but fails to

15  be awarded NBPTS certification is not required to repay the

16  amount of the certification fee if the teacher meets the

17  1-year teaching requirement. Repayment is not required of a

18  teacher who does not complete the certification program or

19  fails to fulfill the teaching requirement because of the

20  teacher's death or disability or because of other extenuating

21  circumstances as determined by the State Board of Education.

22         Section 14.  Subsection (10) of section 231.261,

23  Florida Statutes, is amended to read:

24         231.261  Education Practices Commission;

25  organization.--

26         (10)  The commission shall be financed from the

27  following: certification fees; fines, penalties, and costs

28  collected pursuant to s. 231.262(9)(8); and general revenue.

29         Section 15.  Paragraph (f) of subsection (3) of section

30  230.2305, Florida Statutes, is amended to read:

31         230.2305  Prekindergarten early intervention program.--

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  1         (3)  STANDARDS.--

  2         (f)  All staff must meet the following minimum

  3  requirements:

  4         1.  The minimum level of training is to be the

  5  completion of a 30-clock-hour training course planned jointly

  6  by the Department of Education and the Department of Children

  7  and Family Services to include the following areas: state and

  8  local rules that govern child care, health, safety, and

  9  nutrition; identification and report of child abuse and

10  neglect; child growth and development; use of developmentally

11  appropriate early childhood curricula; and avoidance of

12  income-based, race-based, and gender-based stereotyping.

13         2.  When individual classrooms are staffed by certified

14  teachers, those teachers must be certified for the appropriate

15  grade levels under s. 231.17 and State Board of Education

16  rules.  Teachers who are not certified for the appropriate

17  grade levels must obtain proper certification within 2 years.

18  However, the commissioner may make an exception on an

19  individual basis when the requirements are not met because of

20  serious illness, injury, or other extraordinary, extenuating

21  circumstance.

22         3.  When individual classrooms are staffed by

23  noncertified teachers, there must be a program director or

24  lead teacher who is eligible for certification or certified

25  for the appropriate grade levels pursuant to s. 231.17 and

26  State Board of Education rules in regularly scheduled direct

27  contact with each classroom. Notwithstanding s. 231.15, such

28  classrooms must be staffed by at least one person who has, at

29  a minimum, a child development associate credential (CDA) or

30  an amount of training determined by the commissioner to be

31

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  1  equivalent to or to exceed the minimum, such as an associate

  2  in science degree in the area of early childhood education.

  3         4.  Principals and other school district administrative

  4  and supervisory personnel with direct responsibility for the

  5  program must demonstrate knowledge of prekindergarten

  6  education programs that increase children's chances of

  7  achieving future educational success and becoming productive

  8  members of society in a manner established by the State Board

  9  of Education by rule.

10         5.  All personnel who are not certified under s. 231.17

11  or s. 231.1726 must comply with screening requirements under

12  s. 231.02.

13         Section 16.  Section 231.045, Florida Statutes, is

14  amended to read:

15         231.045  Periodic criminal history record checks.--In

16  cooperation with the Florida Department of Law Enforcement,

17  the department may periodically perform a criminal history

18  record check on individuals who hold a certificate pursuant to

19  s. 231.17 or s. 231.1726.

20         Section 17.  Subsection (1) of section 231.1725,

21  Florida Statutes, is amended to read:

22         231.1725  Employment of substitute teachers, teachers

23  of adult education, nondegreed teachers of career education,

24  and career specialists; students performing clinical field

25  experience.--

26         (1)  Notwithstanding ss. 231.02, 231.15, and 231.17,

27  and 231.1726, or any other provision of law or rule to the

28  contrary, each district school board shall establish the

29  minimal qualifications for:

30         (a)  Substitute teachers to be employed pursuant to s.

31  231.47. The qualifications shall require the filing of a

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  1  complete set of fingerprints in the same manner as required by

  2  s. 231.02.

  3         (b)  Part-time and full-time teachers in adult

  4  education programs. The qualifications shall require the

  5  filing of a complete set of fingerprints in the same manner as

  6  required by s. 231.02. Faculty employed solely to conduct

  7  postsecondary instruction may be exempted from this

  8  requirement.

  9         (c)  Part-time and full-time nondegreed teachers of

10  vocational programs. Qualifications shall be established for

11  agriculture, business, health occupations, family and consumer

12  sciences, industrial, marketing, career specialist, and public

13  service education teachers, based primarily on successful

14  occupational experience rather than academic training. The

15  qualifications for such teachers shall require:

16         1.  The filing of a complete set of fingerprints in the

17  same manner as required by s. 231.02. Faculty employed solely

18  to conduct postsecondary instruction may be exempted from this

19  requirement.

20         2.  Documentation of education and successful

21  occupational experience including documentation of:

22         a.  A high school diploma or the equivalent.

23         b.  Completion of 6 years of full-time successful

24  occupational experience or the equivalent of part-time

25  experience in the teaching specialization area. Alternate

26  means of determining successful occupational experience may be

27  established by the district school board.

28         c.  Completion of career education training conducted

29  through the local school district inservice master plan.

30         d.  For full-time teachers, completion of professional

31  education training in teaching methods, course construction,

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  1  lesson planning and evaluation, and teaching special needs

  2  students. This training may be completed through coursework

  3  from a standard institution or an approved district teacher

  4  education program.

  5         e.  Demonstration of successful teaching performance.

  6         Section 18.  Paragraph (a) of subsection (1) of section

  7  231.36, Florida Statutes, is amended to read:

  8         231.36  Contracts with instructional staff,

  9  supervisors, and principals.--

10         (1)(a)  Each person employed as a member of the

11  instructional staff in any district school system shall be

12  properly certificated pursuant to s. 231.17 or s. 231.1726 or

13  employed pursuant to s. 231.1725 and shall be entitled to and

14  shall receive a written contract as specified in chapter 230.

15  All such contracts, except continuing contracts as specified

16  in subsection (4), shall contain provisions for dismissal

17  during the term of the contract only for just cause. Just

18  cause includes, but is not limited to, the following

19  instances, as defined by rule of the State Board of Education:

20  misconduct in office, incompetency, gross insubordination,

21  willful neglect of duty, or conviction of a crime involving

22  moral turpitude.

23         Section 19.  Subsection (1) of section 231.471, Florida

24  Statutes, is amended to read:

25         231.471  Part-time teachers.--

26         (1)  District school boards may hire certified and

27  qualified personnel as provided in ss. s. 231.1725 and

28  231.1726 to teach a specified number of periods, which may be

29  less than a full school day or less than a full school year.

30         Section 20.  Paragraph (a) of subsection (3) of section

31  232.435, Florida Statutes, is amended to read:

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    Florida House of Representatives - 2001                HB 1193

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  1         232.435  Extracurricular athletic activities; athletic

  2  trainers.--

  3         (3)(a)  To the extent practicable, a school district

  4  program should include the following employment classification

  5  and advancement scheme:

  6         1.  Teacher apprentice trainer I.--To qualify as a

  7  teacher apprentice trainer I, a person must possess a

  8  professional, temporary, part-time, adjunct, or substitute

  9  certificate pursuant to s. 231.17 or s. 231.1726, be certified

10  in first aid and cardiopulmonary resuscitation, and have

11  earned a minimum of 6 semester hours or the equivalent number

12  of inservice education points in the basic prevention and care

13  of athletic injuries.

14         2.  Teacher apprentice trainer II.--To qualify as a

15  teacher apprentice trainer II, a person must meet the

16  requirements of teacher apprentice trainer I and also have

17  earned a minimum of 15 additional semester hours or the

18  equivalent number of inservice education points in such

19  courses as anatomy, physiology, use of modalities, nutrition,

20  counseling, and other courses approved by the Commissioner of

21  Education.

22         3.  Teacher athletic trainer.--To qualify as a teacher

23  athletic trainer, a person must meet the requirements of

24  teacher apprentice trainer II, be certified by the Department

25  of Education or a nationally recognized athletic trainer

26  association, and perform one or more of the following

27  functions:  preventing athletic injuries; recognizing,

28  evaluating, managing, treating, and rehabilitating athletic

29  injuries; administering an athletic training program; and

30  educating and counseling athletes.

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    Florida House of Representatives - 2001                HB 1193

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  1         Section 21.  Paragraph (c) is added to subsection (3)

  2  of section 240.529, Florida Statutes, to read:

  3         240.529  Public accountability and state approval for

  4  teacher preparation programs.--

  5         (3)  INITIAL STATE PROGRAM APPROVAL.--

  6         (c)  Each teacher preparation program approved by the

  7  Department of Education, as provided for by this section,

  8  shall provide a waiver of 9 semester hours' credit of the

  9  professional education course requirements in the program for

10  an individual admitted to the program who has completed 3

11  years of successful full-time experience as an educational

12  paraprofessional in a public school in this state. The 9

13  semester hours of waived college credit shall include:

14         1.  Three semester hours in human development and

15  learning, and

16         2.  Three semester hours in the integration of

17  classroom management, school safety, professional ethics, and

18  educational law.

19         Section 22.  This act shall take effect July 1, 2001.

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    Florida House of Representatives - 2001                HB 1193

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Revises provisions relating to the reemployment of
  4    retired members of the Florida Retirement System as
      school district personnel. Revises the definition of
  5    "other instructional staff" to include adjunct educators.
      Prohibits both a superintendent from recommending the
  6    assignment of any instructional personnel or school
      administrator to a school and a district school board
  7    from assigning any instructional personnel or school
      administrator to a school, unless the principal of that
  8    school approves the assignment. Deletes provisions
      relating to salary supplements provided to teachers
  9    selected to teach at certain low-performing schools.
      Authorizes the use of an approved alternative
10    certification program by a district other than that which
      developed the program, upon notification to the
11    department and approval of any modifications. Creates
      provisions relating to certification of adjunct
12    educators. Requires each district school board to develop
      policies and procedures relating to the reporting of
13    complaints against teachers. Charges the superintendent
      of schools with knowledge of such policies and
14    procedures. States that a superintendent is presumed to
      have knowledge of each legally sufficient complaint.
15    Authorizes the withholding of discretionary funds from a
      school district, and the imposition and collection of
16    fines against a school district and superintendent, for
      noncompliance. Authorizes the temporary suspension of a
17    teaching certificate pending the completion of
      proceedings in order to protect the health, safety, and
18    welfare of students. Includes adjunct educators in
      provisions relating to contracts with instructional
19    staff. Requires a school board, subject to applicable
      collective bargaining requirements, to recognize and
20    accept years of satisfactory performance for purposes of
      pay and retirement. Requires the Department of Education
21    to develop and implement a system for posting teaching
      vacancies, establish a database of teacher applicants,
22    develop a long-range plan for educator recruitment and
      retention, and identify best practices for retaining
23    high-quality teachers. Deletes the requirement that the
      department develop standardized resumes for teacher
24    applicant data and review and recommend to the
      Legislature and school districts incentives for
25    attracting teachers to Florida. Establishes the advanced
      placement instruction bonus program, specifies amounts of
26    bonuses, limits the amount awarded to a teacher annually,
      and requires an appropriation. Revises the Florida Mentor
27    Teacher School Pilot Program to conform terminology.
      Clarifies requirements for mentor teachers. Repeals s.
28    236.081(1)(k) and (m), F.S., relating to calculations of
      additional full-time equivalent membership based on
29    international baccalaureate examination scores of
      students and based on college board advanced placement
30    scores of students. Clarifies requirements relating to
      the amount of required mentoring or related services for
31    receipt of an Excellent Teaching Program bonus. Amends
      provisions relating to standards for staff of
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    Florida House of Representatives - 2001                HB 1193

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  1    prekindergarten early intervention programs; periodic
      criminal history record checks; employment of substitute
  2    teachers, teachers of adult education, nondegreed
      teachers of career education, and career specialists;
  3    professional service contracts; part-time teachers; and
      athletic trainers to include adjunct educators. Provides
  4    a waiver of nine semester hours of professional education
      course requirements for certain teacher preparation
  5    program participants.

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