Senate Bill sb1704c1

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    Florida Senate - 2001                           CS for SB 1704

    By the Committee on Education and Senator Sullivan





    304-1706-01

  1                      A bill to be entitled

  2         An act relating to education; amending s.

  3         228.041, F.S.; revising the definition of

  4         "other instructional staff" to include adjunct

  5         educators; amending s. 230.23, F.S.; deleting

  6         provisions relating to salary supplements

  7         provided to teachers selected to teach at

  8         certain low-performing schools; requiring a

  9         review by the principal prior to reassigning a

10         teacher; amending s. 231.096, F.S.; requiring

11         assistance in accessing resources for teachers

12         teaching out-of-field; amending s. 231.15,

13         F.S.; deleting provision of part-time

14         certificate for athletic coach; amending s.

15         231.17, F.S.; authorizing continued employment

16         under specified circumstances; authorizing the

17         use of an approved alternative certification

18         program by a school district other than the

19         school district that developed the program,

20         upon notification to the department and

21         approval of any modifications; creating s.

22         231.1726, F.S.; providing for certification of

23         adjunct educators; amending s. 231.36, F.S.;

24         including adjunct educators in provisions

25         relating to contracts with instructional staff;

26         requiring a school board, subject to applicable

27         collective bargaining requirements, to

28         recognize and accept years of satisfactory

29         performance for purposes of pay and retirement;

30         providing an exemption; amending s. 231.625,

31         F.S.; requiring the Department of Education to

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  1         perform specified activities to improve teacher

  2         recruitment and retention; amending s. 231.700,

  3         F.S.; revising the Florida Mentor Teacher

  4         School Pilot Program to conform terminology;

  5         clarifying requirements for mentor teachers;

  6         amending s. 236.08106, F.S.; clarifying

  7         requirements relating to the amount of required

  8         mentoring or related services for receipt of an

  9         Excellent Teaching Program bonus; amending ss.

10         230.2305, 231.045, 231.1725, 231.471, 232.435,

11         F.S., relating to standards for staff of

12         prekindergarten early intervention programs,

13         periodic criminal history record checks, and

14         employment of specified teachers, part-time

15         teachers, and athletic trainers; revising

16         provisions to include adjunct educators;

17         providing an effective date.

18

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

20

21         Section 1.  Paragraph (d) of subsection (9) of section

22  228.041, Florida Statutes, is amended to read:

23         228.041  Definitions.--Specific definitions shall be as

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

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

26         (9)  INSTRUCTIONAL PERSONNEL.--"Instructional

27  personnel" means any staff member whose function includes the

28  provision of direct instructional services to students.

29  Instructional personnel also includes personnel whose

30  functions provide direct support in the learning process of

31

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  1  students.  Included in the classification of instructional

  2  personnel are:

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

  4  staff are staff members who are part of the instructional

  5  staff but are not classified in one of the categories

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

  7  classification are primary specialists, learning resource

  8  specialists, instructional trainers, adjunct educators

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

10         Section 2.  Paragraph (a) of subsection (5) and

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

12  Statutes, are amended to read:

13         230.23  Powers and duties of school board.--The school

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

15  perform all duties listed below:

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

17  prescribe qualifications for those positions, and provide for

18  the appointment, compensation, promotion, suspension, and

19  dismissal of employees as follows, subject to the requirements

20  of chapter 231:

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

22  upon written recommendations submitted by the superintendent

23  of schools for positions to be filled and for minimum

24  qualifications for personnel for the various positions and act

25  upon written nominations of persons to fill such positions.

26  The superintendent of schools' recommendations for filling

27  instructional institutional positions at the school level must

28  consider nominations received from school principals of the

29  respective schools. Before transferring a teacher who holds a

30  professional teaching certificate from one school to another,

31  the superintendent shall consult with the principal of the

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  1  receiving school and allow the principal to review the

  2  teacher's records and interview the teacher. If, in the

  3  judgment of the principal, students would not benefit from the

  4  placement, an alternative placement may be sought. The

  5  district school board may reject for good cause any employee

  6  nominated. If the third nomination by the superintendent of

  7  schools for any position is rejected for good cause, if the

  8  superintendent of schools fails to submit a nomination for

  9  initial employment within a reasonable time as prescribed by

10  the district school board, or if the superintendent of schools

11  fails to submit a nomination for reemployment within the time

12  prescribed by law, the district school board may proceed on

13  its own motion to fill such position. The district school

14  board's decision to reject a person's nomination does not give

15  that person a right of action to sue over the rejection and

16  may not be used as a cause of action by the nominated

17  employee.

18         (16)  IMPLEMENT SCHOOL IMPROVEMENT AND

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

20  education accountability as provided by statute and State

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

22  education accountability shall be consistent with, and

23  implemented through, the district's continuing system of

24  planning and budgeting required by this section and ss.

25  229.555 and 237.041. This system of school improvement and

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

27  the following:

28         (c)  Assistance and intervention.--

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

30  assistance and intervention for each school in danger of not

31  meeting state standards or making adequate progress, as

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

  2  toward meeting the goals and standards of its approved school

  3  improvement plan.

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

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

  6  failing and must be provided assistance and intervention.

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

  8  to encourage teachers with demonstrated mastery in improving

  9  student performance to remain at or transfer to a school

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

11  alternative school that serves disruptive or violent youths.

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

13  meets the definition of teaching mastery developed according

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

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

16  to an alternative school that serves disruptive or violent

17  youths, the district school board shall make every practical

18  effort to grant the request.

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

20  full implementation of an annual assessment of learning gains,

21  a classroom teacher who is selected by the school principal

22  based on his or her performance appraisal and student

23  achievement data to teach at a school designated as

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

25  that serves disruptive or violent youths shall receive a

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

27  provided for annually in the General Appropriations Act, each

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

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

30  serves disruptive or violent youths.

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  1         c.  Beginning with the full implementation of an annual

  2  assessment of learning gains, a classroom teacher whose

  3  effectiveness has been proven based upon positive learning

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

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

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

  7  provided for annually in the General Appropriations Act, each

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

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

10  serves disruptive or violent youths.

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

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

13  229.57(12). The supplement received under this paragraph shall

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

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

16         e.  The Commissioner of Education shall adopt rules to

17  determine the measures that define "teaching mastery" for

18  purposes of this subparagraph.

19         4.  District school boards are encouraged to prioritize

20  the expenditures of funds received from the supplemental

21  academic instruction categorical fund under s. 236.08104 to

22  improve student performance in schools that receive a

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

24         Section 3.  Section 231.096, Florida Statutes, is

25  amended to read:

26         231.096  Teacher teaching out-of-field;

27  assistance.--Each district school board shall adopt and

28  implement a plan to assist any teacher teaching out-of-field,

29  and priority consideration in professional development

30  activities shall be given to teachers who are teaching

31  out-of-field. The district school board shall require that

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  1  such teachers participate in a certification or staff

  2  development program designed to provide the teacher with the

  3  competencies required for the assigned duties. The

  4  board-approved assistance plan must include duties of

  5  administrative personnel and other instructional personnel to

  6  provide students with high-quality instructional services.

  7  Each district school board shall contact its regional

  8  workforce board, created pursuant to s. 445.007, to identify

  9  and access resources that may assist teachers who are teaching

10  out-of-field and who are pursuing certification.

11         Section 4.  Subsection (2) of section 231.15, Florida

12  Statutes, is amended to read:

13         231.15  Positions for which certificates required.--

14         (2)  Each person who is employed and renders service as

15  an athletic coach in any public school in any district of this

16  state shall hold a valid part-time, temporary, or professional

17  certificate. The provisions of this subsection do not apply to

18  any athletic coach who voluntarily renders service and who is

19  not employed by any public school district of this state.

20         Section 5.  Subsection (6) and paragraph (b) of

21  subsection (7) of section 231.17, Florida Statutes, are

22  amended to read:

23         231.17  Teacher certification requirements.--

24         (6)  TYPES AND TERMS OF CERTIFICATION.--

25         (a)  The Department of Education shall issue a

26  professional certificate for a period not to exceed 5 years to

27  any applicant who meets all the requirements outlined in

28  subsection (2).

29         (b)  The department shall issue a temporary certificate

30  to any applicant who completes the requirements outlined in

31  paragraphs (2)(a)-(f) and:

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  1         1.  Until July 1, 2002, completes the subject area

  2  content requirements specified in state board rule.

  3         2.  Beginning July 1, 2002, completes the subject area

  4  content requirements specified in state board rule or achieves

  5  a passing score on the subject area examinations required by

  6  state board rule.

  7         (c)  The department shall issue one nonrenewable 2-year

  8  temporary certificate and one nonrenewable 5-year professional

  9  certificate to a qualified applicant who holds a bachelor's

10  degree in the area of speech-language impairment to allow for

11  completion of a master's degree program in speech-language

12  impairment.

13

14  Each temporary certificate is valid for 3 school fiscal years

15  and is nonrenewable. However, the requirement in paragraph

16  (2)(g) must be met within 1 calendar year of the date of

17  employment under the temporary certificate. Individuals who

18  are employed under contract at the end of the 1 calendar year

19  time period may continue to be employed through the end of the

20  year in which they have been contracted. A school district

21  shall not employ, or continue the employment of, an individual

22  in a position for which a temporary certificate is required

23  beyond this the 1 calendar year time period for satisfying who

24  has not met the requirement of paragraph (2)(g). However, the

25  school district may continue to employ an individual who has

26  not met the requirement of paragraph (2)(g) as a substitute

27  teacher, pursuant to ss. 231.1725 and 231.47. The State Board

28  of Education shall adopt rules to allow the department to

29  extend the validity period of a temporary certificate for 2

30  years when the requirements for the professional certificate,

31  not including the requirement in paragraph (2)(g), were not

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  1  completed due to the serious illness or injury of the

  2  applicant or other extraordinary extenuating circumstances.

  3  The department shall reissue the temporary certificate for 2

  4  additional years upon approval by the Commissioner of

  5  Education. A written request for reissuance of the certificate

  6  shall be submitted by the superintendent of schools, the

  7  governing authority of a developmental research school, the

  8  governing authority of a state-supported school, or the

  9  governing authority of a nonpublic school.

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 the school district that developed the

22  program. A district school board choosing to adopt an

23  alternative certification program approved for another school

24  district shall provide written notification of such action to

25  the department. However, any modifications to an approved

26  program shall be submitted to the department for approval.

27  Each approved program must include methods for identifying

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

29  require 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 the provisions of ss. 231.02,

20  231.15, and 231.17, or any other provision of law or rule to

21  the contrary, district school boards may issue an adjunct

22  teaching certificate to any applicant who fulfills the

23  requirements of s. 231.17(2)(a)-(f) and who has expertise, as

24  determined by district school board policy, in the subject

25  area to be taught. The adjunct teaching certificate shall be

26  used for part-time teaching positions. District school boards

27  shall assign a peer teacher to assist the adjunct teaching

28  certificateholder during the certificateholder's first year of

29  teaching. District school boards shall provide the adjunct

30  teaching certificateholder an orientation in classroom

31  management prior to assigning the certificateholder to a

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  1  school. Each adjunct teaching certificate is valid for 5

  2  school years and is renewable if:

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

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

  5  credits must include instruction in classroom management,

  6  district school board procedures, school culture, and other

  7  activities that enhance the professional teaching skills of

  8  the certificateholder.

  9         (b)  The applicant has received satisfactory

10  performance evaluations during each year of teaching under

11  adjunct teaching certification.

12         (2)  Individuals who are certified and employed

13  pursuant to this section shall have the same rights and

14  protection of laws as teachers certified pursuant to s.

15  231.17.

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

17  231.36, Florida Statutes, is amended, and paragraph (g) is

18  added to subsection (3) of that section, to read:

19         231.36  Contracts with instructional staff,

20  supervisors, and principals.--

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

22  instructional staff in any district school system shall be

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

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

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

26  All such contracts, except continuing contracts as specified

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

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

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

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

31  misconduct in office, incompetency, gross insubordination,

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

  2  moral turpitude.

  3         (3)

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

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

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

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

  8  board must, subject to any applicable collective bargaining

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

10  teaching service, as reported for purposes of the Florida

11  Retirement System, for which the employee received a

12  satisfactory performance evaluation. Instructional personnel

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

14  provisions of this paragraph.

15         Section 8.  Subsection (2) of section 231.625, Florida

16  Statutes, is amended to read:

17         231.625  Teacher recruitment and retention.--

18         (2)  The Department of Education shall:

19         (a)  Develop and implement a system for posting

20  teaching vacancies and establish a database of teacher

21  applicants that is accessible within and outside the state

22  Advertise teacher positions in targeted states.

23         (b)  Advertise in major newspapers, national

24  professional publications, and other professional publications

25  and in schools of education.

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

27         (d)  Develop standardized resumes for teacher applicant

28  data.

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

30  personnel directors regarding applicants.

31

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

  2  database by computer or telephone.

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

  4  related to teaching as a career.

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

  6  to employment opportunities, application procedures, teacher

  7  certification, and teacher salaries.

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

  9  procedures.

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

11  of America Program throughout the state.

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

13  and retention.

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

15  teachers Review and recommend to the Legislature and school

16  districts incentives for attracting teachers to this state.

17         (l)  Conduct quarterly communications with Workforce

18  Florida, Inc., and regional workforce boards, created pursuant

19  to ss. 445.004 and 445.007, respectively, to access available

20  federal, state, and local resources to improve teacher

21  recruitment and retention.

22         (m)  Seek waivers or reductions in matching

23  contributions that may be required of district school boards

24  to access workforce funding.

25         Section 9.  Paragraphs (b) through (e) of subsection

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

27         231.700  Florida Mentor Teacher School Pilot Program.--

28         (3)  The five teacher career development positions and

29  minimum requirements are:

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

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

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  1  a valid Florida professional teaching certificate as provided

  2  by s. 231.17.

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

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

  5  Florida professional teaching certificate, have a minimum of 3

  6  years' full-time teaching experience, document satisfactory

  7  teaching performance, and document evidence of positive

  8  student learning gains, when that data become becomes

  9  available.

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

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

12  learning and a valid Florida professional teaching

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

14  experience, document exemplary teaching performance, and

15  document evidence of significant positive student learning

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

17  shall provide intensive support for associate teachers and

18  teachers.

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

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

21  institution of higher learning and a valid Florida

22  professional teaching certificate.;

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

24  experience.;

25         3.  Document exemplary teaching performance.;

26         4.  Document evidence of significant positive student

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

28         5.  Hold a valid National Board for Professional

29  Teaching Standards certificate; have been selected as a

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

31  equivalent status as determined by the commissioner.; and

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  1         6.  Demonstrate expertise as a staff developer.

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

  3  236.08106, Florida Statutes, is amended to read:

  4         236.08106  Excellent Teaching Program.--

  5         (2)  The Excellent Teaching Program is created to

  6  provide categorical funding for monetary incentives and

  7  bonuses for teaching excellence. The Department of Education

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

  9  amount as prescribed annually by the Legislature for the

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

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

12  a school district. Unless otherwise provided in the General

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

14  amounts earned for the following incentives and bonuses:

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

16  fiscal year's statewide average salary for classroom teachers

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

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

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

20  of mentoring and related services to public school teachers

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

22  district school board shall distribute the annual bonus in a

23  single payment following the completion of all required

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

25  intent of the Legislature to remove excellent teachers from

26  their assigned classrooms; therefore, credit may not be

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

28  related services provided during student contact time the

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

30  for the school year.

31

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

  2  who does not complete the certification program or does not

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

  4  after completing the certification program must repay the

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

  6  teacher who completes the certification program but fails to

  7  be awarded NBPTS certification is not required to repay the

  8  amount of the certification fee if the teacher meets the

  9  1-year teaching requirement. Repayment is not required of a

10  teacher who does not complete the certification program or

11  fails to fulfill the teaching requirement because of the

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

13  circumstances as determined by the State Board of Education.

14         Section 11.  Paragraph (f) of subsection (3) of section

15  230.2305, Florida Statutes, is amended to read:

16         230.2305  Prekindergarten early intervention program.--

17         (3)  STANDARDS.--

18         (f)  All staff must meet the following minimum

19  requirements:

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

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

22  by the Department of Education and the Department of Children

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

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

25  nutrition; identification and report of child abuse and

26  neglect; child growth and development; use of developmentally

27  appropriate early childhood curricula; and avoidance of

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

29         2.  When individual classrooms are staffed by certified

30  teachers, those teachers must be certified for the appropriate

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

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  1  rules.  Teachers who are not certified for the appropriate

  2  grade levels must obtain proper certification within 2 years.

  3  However, the commissioner may make an exception on an

  4  individual basis when the requirements are not met because of

  5  serious illness, injury, or other extraordinary, extenuating

  6  circumstance.

  7         3.  When individual classrooms are staffed by

  8  noncertified teachers, there must be a program director or

  9  lead teacher who is eligible for certification or certified

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

11  State Board of Education rules in regularly scheduled direct

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

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

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

15  an amount of training determined by the commissioner to be

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

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

18         4.  Principals and other school district administrative

19  and supervisory personnel with direct responsibility for the

20  program must demonstrate knowledge of prekindergarten

21  education programs that increase children's chances of

22  achieving future educational success and becoming productive

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

24  of Education by rule.

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

26  or s. 231.1726 must comply with screening requirements under

27  s. 231.02.

28         Section 12.  Section 231.045, Florida Statutes, is

29  amended to read:

30         231.045  Periodic criminal history record checks.--In

31  cooperation with the Florida Department of Law Enforcement,

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  1  the department may periodically perform a criminal history

  2  record check on individuals who hold a certificate pursuant to

  3  s. 231.17 or s. 231.1726.

  4         Section 13.  Subsection (1) of section 231.1725,

  5  Florida Statutes, is amended to read:

  6         231.1725  Employment of substitute teachers, teachers

  7  of adult education, nondegreed teachers of career education,

  8  and career specialists; students performing clinical field

  9  experience.--

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

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

12  contrary, each district school board shall establish the

13  minimal qualifications for:

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

15  231.47. The qualifications shall require the filing of a

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

17  s. 231.02.

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

19  education programs. The qualifications shall require the

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

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

22  postsecondary instruction may be exempted from this

23  requirement.

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

25  vocational programs. Qualifications shall be established for

26  agriculture, business, health occupations, family and consumer

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

28  service education teachers, based primarily on successful

29  occupational experience rather than academic training. The

30  qualifications for such teachers shall require:

31

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

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

  3  to conduct postsecondary instruction may be exempted from this

  4  requirement.

  5         2.  Documentation of education and successful

  6  occupational experience including documentation of:

  7         a.  A high school diploma or the equivalent.

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

  9  occupational experience or the equivalent of part-time

10  experience in the teaching specialization area. Alternate

11  means of determining successful occupational experience may be

12  established by the district school board.

13         c.  Completion of career education training conducted

14  through the local school district inservice master plan.

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

16  education training in teaching methods, course construction,

17  lesson planning and evaluation, and teaching special needs

18  students. This training may be completed through coursework

19  from a standard institution or an approved district teacher

20  education program.

21         e.  Demonstration of successful teaching performance.

22         Section 14.  Subsection (1) of section 231.471, Florida

23  Statutes, is amended to read:

24         231.471  Part-time teachers.--

25         (1)  District school boards may hire certified and

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

27  231.1726 to teach a specified number of periods, which may be

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

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

30  232.435, Florida Statutes, is amended to read:

31

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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.

31         Section 16.  This act shall take effect July 1, 2001.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1704

  3

  4  The Committee substitute differs from the bill in that it:

  5  Does not authorize teachers to retire and return to the
    classroom without losing retirement benefits or salary
  6  benefits.

  7  Does not authorize adjunct educators to teach full-time
    without subject area expertise. They must be part-time
  8  employees. The school district must verify that they have
    expertise in the subjects they teach.
  9
    Does not give principals veto power over the assignment of
10  teachers. The principal may review and interview a teacher who
    is to be transferred into his or her school, and the teacher
11  may be given a different placement based on the principal's
    recommendation. The superintendent makes the final decision.
12
    Does not amend laws relating to complaints against teachers.
13
    Does not amend laws relating to bonuses for Advanced Placement
14  teachers.

15  Does not eliminate payment to school districts for successful
    students in Advanced Placement and International Baccalaureate
16  programs.

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