Senate Bill sb0006Eer

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  2         An act relating to the Excellent Teaching

  3         Program; creating ss. 1012.72, 1010.72, F.S.;

  4         redesignating a program and trust fund as the

  5         "Dale Hickam Excellent Teaching Program" and

  6         the "Dale Hickam Excellent Teaching Program

  7         Trust Fund"; repealing ss. 236.08106,

  8         236.08107, F.S., relating to the Excellent

  9         Teaching Program and the Excellent Teaching

10         Program Trust Fund; providing for construction

11         of the act in pari materia with laws enacted

12         during the Regular Session of the Legislature;

13         providing an effective date.

14

15         WHEREAS, Dale Hickam served the Florida Senate with

16  integrity and distinction for 22 years as a staff member of

17  its education appropriations committee, and

18         WHEREAS, Dale Hickam supported the Legislature's

19  initiative and the decisionmaking process through a unique

20  combination of skills, including meticulous attention to

21  detail, great personal warmth, and a vigorous approach to

22  difficult funding issues, and

23         WHEREAS, Dale Hickam was a skilled and beloved teacher

24  who traveled all over the United States to lead seminars on

25  personal growth and relationship building, and

26         WHEREAS, hundreds of Florida teachers and millions of

27  Florida students received the benefit of Dale Hickam's care

28  and expertise without knowing his name, and

29         WHEREAS, the 1998 Legislature relied upon Dale Hickam's

30  research and ingenuity to create a program that has gained

31  national prominence for its improvements in the quality and


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  1  rewards associated with teaching in Florida's public schools,

  2  and

  3         WHEREAS, it is fitting that the Legislature commemorate

  4  the life and work of our friend and colleague, Dale Hickam,

  5  NOW, THEREFORE,

  6

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

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  9         Section 1.  Section 1012.72, Florida Statutes, is

10  created to read:

11         1012.72  Dale Hickam Excellent Teaching Program.--

12         (1)  The Legislature recognizes that teachers play a

13  critical role in preparing students to achieve the high levels

14  of academic performance expected by the Sunshine State

15  Standards. The Legislature further recognizes the importance

16  of identifying and rewarding teaching excellence and of

17  encouraging good teachers to become excellent teachers. The

18  Legislature finds that the National Board of Professional

19  Teaching Standards (NBPTS) has established high and rigorous

20  standards for accomplished teaching and has developed a

21  national voluntary system for assessing and certifying

22  teachers who demonstrate teaching excellence by meeting those

23  standards. It is therefore the Legislature's intent to provide

24  incentives for teachers to seek NBPTS certification and to

25  reward teachers who demonstrate teaching excellence by

26  attaining NBPTS certification and sharing their expertise with

27  other teachers.

28         (2)  The Dale Hickam Excellent Teaching Program is

29  created to provide categorical funding for monetary incentives

30  and bonuses for teaching excellence. The Department of

31  Education shall distribute to each school district or to the


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  1  NBPTS an amount as prescribed annually by the Legislature for

  2  the Dale Hickam Excellent Teaching Program. For purposes of

  3  this section, the Florida School for the Deaf and the Blind

  4  shall be considered a school district. Unless otherwise

  5  provided in the General Appropriations Act, each distribution

  6  shall be the sum of the amounts earned for the following

  7  incentives and bonuses:

  8         (a)  A fee subsidy to be paid by the Department of

  9  Education to the NBPTS on behalf of each individual who is an

10  employee of a district school board or a public school within

11  the school district, who is certified by the district to have

12  demonstrated satisfactory teaching performance pursuant to s.

13  1012.34 and who satisfies the prerequisites for participating

14  in the NBPTS certification program, and who agrees, in

15  writing, to pay 10 percent of the NBPTS participation fee and

16  to participate in the NBPTS certification program during the

17  school year for which the fee subsidy is provided. The fee

18  subsidy for each eligible participant shall be an amount equal

19  to 90 percent of the fee charged for participating in the

20  NBPTS certification program. The fee subsidy is a one-time

21  award and may not be duplicated for any individual.

22         (b)  A portfolio-preparation incentive of $150 paid by

23  the Department of Education to each teacher employed by a

24  district school board or a public school within a school

25  district who is participating in the NBPTS certification

26  program. The portfolio-preparation incentive is a one-time

27  award paid during the school year for which the NBPTS fee

28  subsidy is provided.

29         (c)  An annual bonus equal to 10 percent of the prior

30  fiscal year's statewide average salary for classroom teachers

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


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  1  individual who holds NBPTS certification and is employed by

  2  the district school board or by a public school within the

  3  school district. The district school board shall distribute

  4  the annual bonus to each individual who meets the requirements

  5  of this paragraph and who is certified annually by the

  6  district to have demonstrated satisfactory teaching

  7  performance pursuant to s. 1012.34. The annual bonus may be

  8  paid as a single payment or divided into not more than three

  9  payments.

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

11  fiscal year's statewide average salary for classroom teachers

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

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

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

15  of mentoring and related services to public school teachers

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

17  district school board shall distribute the annual bonus in a

18  single payment following the completion of all required

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

20  intent of the Legislature to remove excellent teachers from

21  their assigned classrooms; therefore, credit may not be

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

23  related services provided during student contact time during

24  the 196 days of required service for the school year.

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

27  who does not complete the certification program or does not

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

29  after completing the certification program must repay the

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

31  teacher who completes the certification program but fails to


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  1  be awarded NBPTS certification is not required to repay the

  2  amount of the certification fee if the teacher meets the

  3  1-year teaching requirement. Repayment is not required of a

  4  teacher who does not complete the certification program or

  5  fails to fulfill the teaching requirement because of the

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

  7  circumstances as determined by the State Board of Education.

  8         (3)(a)  In addition to any other remedy available under

  9  the law, any person who is a recipient of a certification fee

10  subsidy paid to the NBPTS and who is an employee of the state

11  or any of its political subdivisions is considered to have

12  consented, as a condition of employment, to the voluntary or

13  involuntary withholding of wages to repay to the state the

14  amount of such a certification fee subsidy awarded under this

15  section. Any such employee who defaults on the repayment of

16  such a certification fee subsidy must, within 60 days after

17  service of a notice of default by the Department of Education

18  to the employee, establish a repayment schedule which must be

19  agreed to by the department and the employee, for repaying the

20  defaulted sum through payroll deductions. The department may

21  not require the employee to pay more than 10 percent of the

22  employee's pay per pay period under such a repayment schedule

23  or plan. If the employee fails to establish a repayment

24  schedule within the specified period of time or fails to meet

25  the terms and conditions of the agreed upon or approved

26  repayment schedule as authorized by this subsection, the

27  employee has breached an essential condition of employment and

28  is considered to have consented to the involuntary withholding

29  of wages or salary for the repayment of the certification fee

30  subsidy.

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  1         (b)  A person who is employed by the state, or any of

  2  its political subdivisions, may not be dismissed for having

  3  defaulted on the repayment of the certification fee subsidy to

  4  the state.

  5         (4)  The State Board of Education may adopt rules as

  6  necessary to administer the provisions for payment of the fee

  7  subsidies, incentives, and bonuses and for the repayment of

  8  defaulted certification fee subsidies under this section.

  9         Section 2.  Section 1010.72, Florida Statutes, is

10  created to read:

11         1010.72  Dale Hickam Excellent Teaching Program Trust

12  Fund.--The Dale Hickam Excellent Teaching Program Trust Fund

13  is created to be administered by the Department of Education.

14  Funds must be credited to the trust fund as provided in

15  chapter 98-309, Laws of Florida, to be used for the purposes

16  set forth therein.

17         Section 3.  Section 236.08106, Florida Statutes, as

18  amended by section 15 of chapter 2001-47, Laws of Florida, and

19  section 236.08107, Florida Statutes, are repealed.

20         Section 4.  If any law that is amended by this act was

21  also amended by a law enacted at the 2002 Regular Session of

22  the Legislature, such laws shall be construed as if they had

23  been enacted at the same session of the Legislature, and full

24  effect should be given to each if that is possible.

25         Section 5.  This act shall take effect upon becoming a

26  law.

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