HB 1867

1
A bill to be entitled
2An act relating to education funding; amending s. 24.121,
3F.S.; requiring school districts to establish certain
4policies and procedures relating to lottery fund
5enhancements; amending s. 1002.32, F.S.; prohibiting use
6of funds for lab schools for certain overhead or indirect
7costs; amending s. 1008.22, F.S.; authorizing outsourcing
8of statewide assessment program activities; allowing for
9contracts extending into two fiscal years; amending s.
101009.23, F.S.; requiring identical fees for all community
11college students taking a specific course; amending s.
121009.26, F.S.; specifying the maximum fee waiver
13percentage for school districts and community colleges;
14amending s. 1011.57, F.S.; prohibiting out-of-state fee
15waivers by the Florida School for the Deaf and the Blind;
16amending s. 1011.62, F.S.; revising eligibility
17requirement for use of the small, isolated high school
18multiplier; creating s. 1011.63, F.S.; prohibiting
19reporting for state funding for purposes of the Florida
20Education Finance Program of courses or programs fully
21funded externally; amending s. 1011.66, F.S.; setting
22forth the method and timing of distributing Florida
23Education Finance Program funds; amending s. 1011.67,
24F.S.; setting forth the method and timing of distributing
25funds for instructional materials; amending s. 1011.765,
26F.S.; modifying the Florida Academic Improvement Trust
27Fund matching grant program to serve low-performing
28students; providing for matching grants to public school
29district education foundations; amending s. 1011.80, F.S.;
30prohibiting reporting for state funding of courses or
31programs fully funded externally; amending s. 1011.84,
32F.S.; providing reporting requirements with respect to
33inmate education provided by community colleges; directing
34that inmates not be included in FTE student enrollment for
35funding through the Community College Program Fund;
36prohibiting reporting for state funding of courses or
37programs fully funded externally; amending s. 1012.05,
38F.S.; authorizing the Department of Education to collect
39registration and booth fees for a job fair; authorizing
40certain uses for such funds; amending s. 1012.35, F.S.;
41providing standards and training for substitute teachers;
42requiring the department to develop training resources and
43school districts to develop performance appraisal
44measures; amending s. 1012.72, F.S.; authorizing the use
45of Dale Hickam Excellent Teaching Program funds for
46certain purposes; providing an effective date.
47
48Be It Enacted by the Legislature of the State of Florida:
49
50     Section 1.  Paragraphs (a) and (c) of subsection (5) of
51section 24.121, Florida Statutes, are amended to read:
52     24.121  Allocation of revenues and expenditure of funds for
53public education.--
54     (5)(a)  Public educational programs and purposes funded by
55the Educational Enhancement Trust Fund may include, but are not
56limited to, endowment, scholarship, matching funds, direct
57grants, research and economic development related to education,
58salary enhancement, contracts with independent institutions to
59conduct programs consistent with the state master plan for
60postsecondary education, or any other educational program or
61purpose deemed desirable by the Legislature. Prior to the
62expenditure of these funds, each school district shall establish
63policies and procedures that define enhancement and the types of
64expenditures consistent with that definition.
65     (c)  A portion of such net revenues, as determined annually
66by the Legislature, shall be distributed to each school district
67and shall be made available to each public school in the
68district for enhancing school performance through development
69and implementation of a school improvement plan pursuant to s.
701001.42(16). A portion of these moneys, as determined annually
71in the General Appropriations Act, must be allocated to each
72school in an equal amount for each student enrolled. These
73moneys may be expended only on programs or projects selected by
74the school advisory council or by a parent advisory committee
75created pursuant to this paragraph. If a school does not have a
76school advisory council, the district advisory council must
77appoint a parent advisory committee composed of parents of
78students enrolled in that school, which committee is
79representative of the ethnic, racial, and economic community
80served by the school, to advise the school's principal on the
81programs or projects to be funded. Neither school district staff
82nor principals A principal may not override the recommendations
83of the school advisory council or the parent advisory committee.
84These moneys may not be used for capital improvements, nor may
85they be used for any project or program that has a duration of
86more than 1 year; however, a school advisory council or parent
87advisory committee may independently determine that a program or
88project formerly funded under this paragraph should receive
89funds in a subsequent year.
90     Section 2.  Paragraph (c) of subsection (9) of section
911002.32, Florida Statutes, is amended to read:
92     1002.32  Developmental research (laboratory) schools.--
93     (9)  FUNDING.--Funding for a lab school, including a
94charter lab school, shall be provided as follows:
95     (c)  All operating funds provided under this section shall
96be deposited in a Lab School Trust Fund and shall be expended
97for the purposes of this section. The university assigned a lab
98school shall be the fiscal agent for these funds, and all rules
99of the university governing the budgeting and expenditure of
100state funds shall apply to these funds unless otherwise provided
101by law or rule of the State Board of Education. The university
102board of trustees shall be the public employer of lab school
103personnel for collective bargaining purposes for lab schools in
104operation prior to the 2002-2003 fiscal year. Employees of
105charter lab schools authorized prior to June 1, 2003, but not in
106operation prior to the 2002-2003 fiscal year shall be employees
107of the entity holding the charter and must comply with the
108provisions of s. 1002.33(12). None of the funds appropriated for
109lab schools shall be used to pay overhead or indirect costs
110described in s. 216.346.
111     Section 3.  Subsection (3) of section 1008.22, Florida
112Statutes, is amended to read:
113     1008.22  Student assessment program for public schools.--
114     (3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
115design and implement a statewide program of educational
116assessment that provides information for the improvement of the
117operation and management of the public schools, including
118schools operating for the purpose of providing educational
119services to youth in Department of Juvenile Justice programs.
120The commissioner may enter into contracts for the continued
121administration of the assessment, testing, and evaluation
122programs. Contracts may be initiated in one fiscal year and
123continue into the next and may be paid from the appropriations
124of either or both fiscal years. The commissioner is authorized
125to negotiate for the sale or lease of tests, scoring protocols,
126test scoring services, and related materials. Pursuant to the
127statewide assessment program, the commissioner shall:
128     (a)  Submit to the State Board of Education a list that
129specifies student skills and competencies to which the goals for
130education specified in the state plan apply, including, but not
131limited to, reading, writing, science, and mathematics. The
132skills and competencies must include problem-solving and higher-
133order skills as appropriate and shall be known as the Sunshine
134State Standards as defined in s. 1000.21. The commissioner shall
135select such skills and competencies after receiving
136recommendations from educators, citizens, and members of the
137business community. The commissioner shall submit to the State
138Board of Education revisions to the list of student skills and
139competencies in order to maintain continuous progress toward
140improvements in student proficiency.
141     (b)  Develop and implement a uniform system of indicators
142to describe the performance of public school students and the
143characteristics of the public school districts and the public
144schools. These indicators must include, without limitation,
145information gathered by the comprehensive management information
146system created pursuant to s. 1008.385 and student achievement
147information obtained pursuant to this section.
148     (c)  Develop and implement a student achievement testing
149program known as the Florida Comprehensive Assessment Test
150(FCAT) as part of the statewide assessment program, to be
151administered annually in grades 3 through 10 to measure reading,
152writing, science, and mathematics. Other content areas may be
153included as directed by the commissioner. The testing program
154must be designed so that:
155     1.  The tests measure student skills and competencies
156adopted by the State Board of Education as specified in
157paragraph (a). The tests must measure and report student
158proficiency levels in reading, writing, mathematics, and
159science. The commissioner shall provide for the tests to be
160developed or obtained, as appropriate, through contracts and
161project agreements with private vendors, public vendors, public
162agencies, postsecondary educational institutions, or school
163districts. The commissioner shall obtain input with respect to
164the design and implementation of the testing program from state
165educators and the public.
166     2.  The testing program will include a combination of norm-
167referenced and criterion-referenced tests and include, to the
168extent determined by the commissioner, questions that require
169the student to produce information or perform tasks in such a
170way that the skills and competencies he or she uses can be
171measured.
172     3.  Each testing program, whether at the elementary,
173middle, or high school level, includes a test of writing in
174which students are required to produce writings that are then
175scored by appropriate methods.
176     4.  A score is designated for each subject area tested,
177below which score a student's performance is deemed inadequate.
178The school districts shall provide appropriate remedial
179instruction to students who score below these levels.
180     5.  Except as provided in s. 1003.43(11)(b), students must
181earn a passing score on the grade 10 assessment test described
182in this paragraph or on an alternate assessment as described in
183subsection (9) in reading, writing, and mathematics to qualify
184for a regular high school diploma. The State Board of Education
185shall designate a passing score for each part of the grade 10
186assessment test. In establishing passing scores, the state board
187shall consider any possible negative impact of the test on
188minority students. All students who took the grade 10 FCAT
189during the 2000-2001 school year shall be required to earn the
190passing scores in reading and mathematics established by the
191State Board of Education for the March 2001 test administration.
192Such students who did not earn the established passing scores
193and must repeat the grade 10 FCAT are required to earn the
194passing scores established for the March 2001 test
195administration. All students who take the grade 10 FCAT for the
196first time in March 2002 and thereafter shall be required to
197earn the passing scores in reading and mathematics established
198by the State Board of Education for the March 2002 test
199administration. The State Board of Education shall adopt rules
200which specify the passing scores for the grade 10 FCAT. Any such
201rules, which have the effect of raising the required passing
202scores, shall only apply to students taking the grade 10 FCAT
203after such rules are adopted by the State Board of Education.
204     6.  Participation in the testing program is mandatory for
205all students attending public school, including students served
206in Department of Juvenile Justice programs, except as otherwise
207prescribed by the commissioner. If a student does not
208participate in the statewide assessment, the district must
209notify the student's parent and provide the parent with
210information regarding the implications of such nonparticipation.
211If modifications are made in the student's instruction to
212provide accommodations that would not be permitted on the
213statewide assessment tests, the district must notify the
214student's parent of the implications of such instructional
215modifications. A parent must provide signed consent for a
216student to receive instructional modifications that would not be
217permitted on the statewide assessments and must acknowledge in
218writing that he or she understands the implications of such
219accommodations. The State Board of Education shall adopt rules,
220based upon recommendations of the commissioner, for the
221provision of test accommodations and modifications of procedures
222as necessary for students in exceptional education programs and
223for students who have limited English proficiency.
224Accommodations that negate the validity of a statewide
225assessment are not allowable.
226     7.  A student seeking an adult high school diploma must
227meet the same testing requirements that a regular high school
228student must meet.
229     8.  District school boards must provide instruction to
230prepare students to demonstrate proficiency in the skills and
231competencies necessary for successful grade-to-grade progression
232and high school graduation. If a student is provided with
233accommodations or modifications that are not allowable in the
234statewide assessment program, as described in the test manuals,
235the district must inform the parent in writing and must provide
236the parent with information regarding the impact on the
237student's ability to meet expected proficiency levels in
238reading, writing, and math. The commissioner shall conduct
239studies as necessary to verify that the required skills and
240competencies are part of the district instructional programs.
241     9.  The Department of Education must develop, or select,
242and implement a common battery of assessment tools that will be
243used in all juvenile justice programs in the state. These tools
244must accurately measure the skills and competencies established
245in the Florida Sunshine State Standards.
246
247The commissioner may design and implement student testing
248programs, for any grade level and subject area, necessary to
249effectively monitor educational achievement in the state.
250     (d)  Conduct ongoing research to develop improved methods
251of assessing student performance, including, without limitation,
252the use of technology to administer tests, score, or report the
253results of, the use of electronic transfer of data, the
254development of work-product assessments, and the development of
255process assessments.
256     (e)  Conduct ongoing research and analysis of student
257achievement data, including, without limitation, monitoring
258trends in student achievement, identifying school programs that
259are successful, and analyzing correlates of school achievement.
260     (f)  Provide technical assistance to school districts in
261the implementation of state and district testing programs and
262the use of the data produced pursuant to such programs.
263     Section 4.  Subsection (2) of section 1009.23, Florida
264Statutes, is amended to read:
265     1009.23  Community college student fees.--
266     (2)  All students shall be charged fees except students who
267are exempt from fees or students whose fees are waived.
268Identical fees shall be required for all community college
269students who take a specific course, regardless of the program
270in which they are enrolled.
271     Section 5.  Subsection (1) of section 1009.26, Florida
272Statutes, is amended to read:
273     1009.26  Fee waivers.--
274     (1)  School districts and community colleges may waive fees
275for any fee-nonexempt student. The total value of fee waivers
276granted by the school district or community college may not
277exceed 8 percent of the fee revenues that would otherwise be
278collected the amount established annually in the General
279Appropriations Act. Any student whose fees are waived in excess
280of the authorized amount may not be reported for state funding
281purposes. Any school district or community college that waives
282fees and requests state funding for a student in violation of
283the provisions of this section shall be penalized at a rate
284equal to 2 times the value of the full-time student enrollment
285reported.
286     Section 6.  Subsection (5) is added to section 1011.57,
287Florida Statutes, to read:
288     1011.57  Florida School for the Deaf and the Blind; board
289of trustees; management flexibility.--
290     (5)  The board of trustees and administration of the
291Florida School for the Deaf and the Blind shall not authorize
292fee waivers for out-of-state students.
293     Section 7.  Paragraph (h) of subsection (1) of section
2941011.62, Florida Statutes, is amended to read:
295     1011.62  Funds for operation of schools.--If the annual
296allocation from the Florida Education Finance Program to each
297district for operation of schools is not determined in the
298annual appropriations act or the substantive bill implementing
299the annual appropriations act, it shall be determined as
300follows:
301     (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
302OPERATION.--The following procedure shall be followed in
303determining the annual allocation to each district for
304operation:
305     (h)  Small, isolated high schools.--Districts which levy
306the maximum nonvoted discretionary millage, exclusive of millage
307for capital outlay purposes levied pursuant to s. 1011.71(2),
308may calculate full-time equivalent students for small, isolated
309high schools by multiplying the number of unweighted full-time
310equivalent students times 2.75; provided the school attained a
311state accountability performance grade of "C" or better for the
312previous school year percentage of students at such school
313passing both parts of the high school competency test, as
314defined by law and rule, has been equal to or higher than such
315percentage for the state or district, whichever is greater. For
316the purpose of this section, the term "small, isolated high
317school" means any high school which is located no less than 28
318miles by the shortest route from another high school; which has
319been serving students primarily in basic studies provided by
320sub-subparagraphs (c)1.b. and c. and may include subparagraph
321(c)4.; and which has a membership of no more than 100 students,
322but no fewer than 28 students, in grades 9 through 12.
323     Section 8.  Section 1011.63, Florida Statutes, is created
324to read:
325     1011.63  Reporting for state funding; prohibition.--When a
326public educational institution has been fully funded by an
327external agency for direct instructional costs of any course or
328program, the FTE generated shall not be reported for state
329funding for purposes of the Florida Education Finance Program.
330     Section 9.  Section 1011.66, Florida Statutes, is amended
331to read:
332     1011.66  Distribution of FEFP funds in first quarter.--The
333distribution of FEFP funds shall be made in equal payments on or
334about the 10th and 26th of each month. Upon the request of any
335school district whose net state FEFP funding is less than 60
336percent of its gross state and local FEFP funding, the
337Department of Education shall distribute to that school district
338in the first quarter of the fiscal year an amount from the funds
339appropriated for the FEFP in the General Appropriations Act up
340to a maximum of 15 percent of that school district's gross state
341and local FEFP funding or that school district's net state FEFP
342funding, whichever is less.
343     Section 10.  Section 1011.67, Florida Statutes, is amended
344to read:
345     1011.67  Funds for instructional materials.--The department
346is authorized to allocate and distribute to each district an
347amount as prescribed annually by the Legislature for
348instructional materials for student membership in basic and
349special programs in grades K-12, which will provide for growth
350and maintenance needs. For purposes of this section, unweighted
351full-time equivalent students enrolled in the lab schools in
352state universities are to be included as school district
353students and reported as such to the department. These funds
354shall be distributed to school districts as follows: 50 percent
355on or about July 10; 35 percent on or about October 10; 10
356percent on or about January 10; and 5 percent on or about June
35710. School districts shall pay for instructional materials used
358for the instruction of public high school students who are
359earning credit toward high school graduation under the dual
360enrollment program as provided in s. 1011.62(1)(i). The annual
361allocation shall be determined as follows:
362     (1)  The growth allocation for each school district shall
363be calculated as follows:
364     (a)  Subtract from that district's projected full-time
365equivalent membership of students in basic and special programs
366in grades K-12 used in determining the initial allocation of the
367Florida Education Finance Program, the prior year's full-time
368equivalent membership of students in basic and special programs
369in grades K-12 for that district.
370     (b)  Multiply any such increase in full-time equivalent
371student membership by the allocation for a set of instructional
372materials, as determined by the department, or as provided for
373in the General Appropriations Act.
374     (c)  The amount thus determined shall be that district's
375initial allocation for growth for the school year. However, the
376department shall recompute and adjust the initial allocation
377based on actual full-time equivalent student membership data for
378that year.
379     (2)  The maintenance of the instructional materials
380allocation for each school district shall be calculated by
381multiplying each district's prior year full-time equivalent
382membership of students in basic and special programs in grades
383K-12 by the allocation for maintenance of a set of instructional
384materials as provided for in the General Appropriations Act. The
385amount thus determined shall be that district's initial
386allocation for maintenance for the school year; however, the
387department shall recompute and adjust the initial allocation
388based on such actual full-time equivalent student membership
389data for that year.
390     (3)  In the event the funds appropriated are not sufficient
391for the purpose of implementing this section in full, the
392department shall prorate the funds available for instructional
393materials after first funding in full each district's growth
394allocation.
395     Section 11.  Section 1011.765, Florida Statutes, is amended
396to read:
397     1011.765  School district Florida Academic Improvement
398Trust Fund matching grants.--School district matching grants are
399provided to public school district education foundations for
400programs that serve low-performing students. The amount of each
401grant shall be equal to the private contribution made to a
402qualifying public school district education foundation. In-kind
403contributions shall not be considered for matching purposes.
404Before any funds are released to any public school district
405education foundation, the public school district education
406foundation must certify to the Commissioner of Education that
407private cash has actually been received by the public school
408district education foundation seeking state matching funds. The
409Consortium of Florida Education Foundations shall be the fiscal
410agent for this program. Administrative costs for the program
411must not exceed 5 percent.
412     (1)  MATCHING GRANTS.--The Florida Academic Improvement
413Trust Fund shall be utilized to provide matching grants to the
414Florida School for the Deaf and the Blind Endowment Fund and to
415any public school district education foundation that meets the
416requirements of this section and is recognized by the local
417school district as its designated K-12 education foundation.
418     (a)  The State Board of Education shall adopt rules for the
419administration, submission, documentation, evaluation, and
420approval of requests for matching funds and for maintaining
421accountability for matching funds.
422     (b)  Donations, state matching funds, or proceeds from
423endowments established pursuant to this section shall be used at
424the discretion of the public school district education
425foundation or the Florida School for the Deaf and the Blind for
426academic achievement within the school district or school, and
427shall not be expended for the construction of facilities or for
428the support of interscholastic athletics. No public school
429district education foundation or the Florida School for the Deaf
430and the Blind shall accept or purchase facilities for which the
431state will be asked for operating funds unless the Legislature
432has granted prior approval for such acquisition.
433     (2)  ALLOCATION OF THE TRUST FUND.--Funds appropriated to
434the Florida Academic Improvement Trust Fund shall be allocated
435by the Department of Education in the following manner:
436     (a)  For every year in which there is a legislative
437appropriation to the trust fund, an equal amount of the annual
438appropriation, to be determined by dividing the total
439legislative appropriation by the number of local education
440foundations as well as the Florida School for the Deaf and the
441Blind, must be reserved for each public school district
442education foundation and the Florida School for the Deaf and the
443Blind Endowment Fund to provide each foundation and the Florida
444School for the Deaf and the Blind with an opportunity to receive
445and match appropriated funds. Trust funds that remain unmatched
446by contribution on April 1 of any year shall be made available
447for matching by any public school district education foundation
448and by the Florida School for the Deaf and the Blind which shall
449have an opportunity to apply for excess trust funds prior to the
450award of such funds.
451     (b)  Matching grants shall be proportionately allocated
452from the trust fund on the basis of matching each $4 of state
453funds with $6 of private funds. To be eligible for matching, a
454minimum of $4,500 must be raised from private sources.
455     (c)  Funds sufficient to provide the match shall be
456transferred from the state trust fund to the public school
457education foundation or to the Florida School for the Deaf and
458the Blind Endowment Fund upon notification that a proportionate
459amount has been received and deposited by the foundation or
460school into its own trust fund.
461     (d)  If the total of the amounts to be distributed in any
462quarter pursuant to this subsection exceeds the amount of funds
463remaining from specific appropriations made for the
464implementation of this section, all grants shall be
465proportionately reduced so that the total of matching grants
466distributed does not exceed available appropriations.
467     (3)  GRANT ADMINISTRATION.--
468     (a)  Each public school district education foundation and
469the Florida School for the Deaf and the Blind participating in
470the Florida Academic Improvement Trust Fund shall separately
471account for all funds received pursuant to this section, and may
472establish its own academic improvement trust fund as a
473depository for the private contributions, state matching funds,
474and earnings on investments of such funds. State matching funds
475shall be transferred to the public school district education
476foundation or to the Florida School for the Deaf and the Blind
477Endowment Fund upon notification that the foundation or school
478has received and deposited private contributions that meet the
479criteria for matching as provided in this section. The public
480school district education foundations and the Florida School for
481the Deaf and the Blind are responsible for the maintenance,
482investment, and administration of their academic improvement
483trust funds.
484     (b)  The public school district education foundations and
485the Florida School for the Deaf and the Blind shall be
486responsible for soliciting and receiving contributions to be
487deposited and matched with grants for academic achievement
488within the school district or school.
489     (c)  Each public school district education foundation and
490the Florida School for the Deaf and the Blind shall be
491responsible for proper expenditure of the funds received
492pursuant to this section.
493     Section 12.  Subsection (5) of section 1011.80, Florida
494Statutes, is amended to read:
495     1011.80  Funds for operation of adult technical education
496programs.--
497     (5)  State funding and student fees for workforce
498development instruction funded through the Workforce Development
499Education Fund shall be established as follows:
500     (a)  For a continuing workforce education course, state
501funding shall equal 50 percent of the cost of instruction, with
502student fees, business support, quick-response training funds,
503or other means making up the remaining 50 percent.
504     (b)  For all other workforce development education funded
505through the Workforce Development Education Fund, state funding
506shall equal 75 percent of the average cost of instruction with
507the remaining 25 percent made up from student fees. Fees for
508courses within a program shall not vary according to the cost of
509the individual program, but instead shall be based on a uniform
510fee calculated and set at the state level, as adopted by the
511State Board of Education, unless otherwise specified in the
512General Appropriations Act.
513     (c)  For fee-exempt students pursuant to s. 1009.25, unless
514otherwise provided for in law, state funding shall equal 100
515percent of the average cost of instruction.
516     (d)  For a public educational institution that has been
517fully funded by an external agency for direct instructional
518costs of any course or program, the FTE generated shall not be
519reported for state funding.
520     Section 13.  Paragraph (e) of subsection (1) of section
5211011.84, Florida Statutes, is redesignated as paragraph (g) and
522new paragraphs (e) and (f) are added to said subsection to read:
523     1011.84  Procedure for determining state financial support
524and annual apportionment of state funds to each community
525college district.--The procedure for determining state financial
526support and the annual apportionment to each community college
527district authorized to operate a community college under the
528provisions of s. 1001.61 shall be as follows:
529     (1)  DETERMINING THE AMOUNT TO BE INCLUDED IN THE COMMUNITY
530COLLEGE PROGRAM FUND FOR THE CURRENT OPERATING PROGRAM.--
531     (e)  All state inmate education provided by community
532colleges shall be reported by program, FTE expenditure, and
533revenue source. These enrollments, expenditures, and revenues
534shall be reported and projected separately. Instruction of state
535inmates shall not be included in the full-time equivalent
536student enrollment for funding through the Community College
537Program Fund. Funds in the Community College Program Fund shall
538not be used to offer college-level courses to inmates who do not
539pay their own fees.
540     (f)  When a public educational institution has been fully
541funded by an external agency for direct instructional costs of
542any course or program, the FTE generated shall not be reported
543for state funding.
544     Section 14.  Subsection (3) of section 1012.05, Florida
545Statutes, is amended to read:
546     1012.05  Teacher recruitment and retention.--
547     (3)  The Department of Education, in cooperation with
548district personnel offices, shall sponsor a job fair in a
549central part of the state to match in-state educators and
550potential educators and out-of-state educators and potential
551educators with teaching opportunities in this state. The
552Department of Education is authorized to collect a job fair
553registration fee not to exceed $20 per person and a booth fee
554not to exceed $250 per school district or other interested
555participating organization. The revenue from the fees shall be
556used to promote and operate the job fair. Funds may be used to
557purchase promotional items such as mementos, awards, and
558plaques.
559     Section 15.  Section 1012.35, Florida Statutes, is amended
560to read:
561     1012.35  Substitute teachers.--
562     (1)(a)  Each district school board shall adopt rules
563prescribing the compensation of, and the procedure for
564employment of, substitute teachers. Such procedure for
565employment shall include, but is not limited to, the background
566screening filing of a complete set of fingerprints as required
567in s. 1012.32; documentation of a minimum education level of a
568high school diploma or its equivalent as described in s.
5691003.429, s. 1003.43, or s. 1003.435; and completion of an
570initial orientation/training program in school district policies
571and procedures addressing school safety and security procedures,
572educational liability laws, professional responsibilities, and
573ethics.
574     (b)  Candidates without prior teaching experience, as
575determined by the employing school district, must complete an
576additional training program that includes classroom management
577skills and instructional strategies prior to employment.
578     (c)  The required training programs for substitute teachers
579may be provided by community colleges, colleges of education,
580district school boards, educational consortia, or commercial
581vendors.
582     (d)  It is recommended that ongoing training and access to
583professional development offerings be made available to
584substitute teachers by the employing school district.
585     (2)  The Department of Education shall develop web-based
586training resources to meet the required training pursuant to
587paragraph (1)(b).
588     (3)  School districts shall develop performance appraisal
589measures for assessing the quality of instruction delivered by
590substitute teachers who provide instruction for 30 or more days
591in a single classroom placement.
592     Section 16.  Subsections (4) and (5) of section 1012.72,
593Florida Statutes, are renumbered as subsections (5) and (6),
594respectively, and a new subsection (4) is added to said section
595to read:
596     1012.72  Dale Hickam Excellent Teaching Program.-
597     (4)  Funds appropriated to school districts for the Dale
598Hickam Excellent Teaching Program may be used by school
599districts for payment of the employer's share of social security
600and Medicare taxes for those teachers who qualify for NBPTS
601certification and receive bonus amounts under subsection (2).
602     Section 17.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.