| 1 | Representative Kilmer offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Subsection (4) of section 1004.04, Florida |
| 6 | Statutes, is amended, subsections (10), (11), and (12) are |
| 7 | renumbered as subsections (11), (12), and (13), respectively, |
| 8 | and a new subsection (10) is added to said section, to read: |
| 9 | 1004.04 Public accountability and state approval for |
| 10 | teacher preparation programs.-- |
| 11 | (4) INITIAL STATE PROGRAM APPROVAL.-- |
| 12 | (a) A program approval process based on standards adopted |
| 13 | pursuant to subsections (2) and (3) must be established for |
| 14 | postsecondary teacher preparation programs, phased in according |
| 15 | to timelines determined by the Department of Education, and |
| 16 | fully implemented for all teacher preparation programs in the |
| 17 | state. Each program shall be approved by the department, |
| 18 | consistent with the intent set forth in subsection (1) and based |
| 19 | primarily upon significant, objective, and quantifiable graduate |
| 20 | performance measures. |
| 21 | (b) Each teacher preparation program approved by the |
| 22 | Department of Education, as provided for by this section, shall |
| 23 | require students to meet the following as prerequisites for |
| 24 | admission into the program: |
| 25 | 1. Have a grade point average of at least 2.5 on a 4.0 |
| 26 | scale for the general education component of undergraduate |
| 27 | studies or have completed the requirements for a baccalaureate |
| 28 | degree with a minimum grade point average of 2.5 on a 4.0 scale |
| 29 | from any college or university accredited by a regional |
| 30 | accrediting association as defined by State Board of Education |
| 31 | rule or any college or university otherwise approved pursuant to |
| 32 | State Board of Education rule. |
| 33 | 2. Demonstrate mastery of general knowledge, including the |
| 34 | ability to read, write, and compute, by passing the General |
| 35 | Knowledge Test of the Florida Teacher Certification Examination, |
| 36 | the College Level Academic Skills Test, a corresponding |
| 37 | component of the National Teachers Examination series, or a |
| 38 | similar test pursuant to rules of the State Board of Education. |
| 39 |
|
| 40 | Each teacher preparation program may waive these admissions |
| 41 | requirements for up to 10 percent of the students admitted. |
| 42 | Programs shall implement strategies to ensure that students |
| 43 | admitted under a waiver receive assistance to demonstrate |
| 44 | competencies to successfully meet requirements for |
| 45 | certification. |
| 46 | (c) Each teacher preparation program approved by the |
| 47 | Department of Education, as provided for by this section, shall |
| 48 | provide a certification ombudsman to facilitate the process and |
| 49 | procedures required for graduates to obtain educator |
| 50 | professional or temporary certification pursuant to s. 1012.56. |
| 51 | (10) SHORT-TERM EXPERIENCES AS TEACHER ASSISTANTS.-- |
| 52 | Postsecondary institutions offering teacher preparation programs |
| 53 | and community colleges, in collaboration with school districts, |
| 54 | may develop and implement a program to provide short-term |
| 55 | experiences as teacher assistants prior to beginning a teacher |
| 56 | preparation program or alternative certification program. The |
| 57 | program shall serve individuals with baccalaureate degrees who |
| 58 | are interested in the teaching profession. This experience may |
| 59 | be accepted for use in teacher preparation programs and |
| 60 | competency-based alternative certification programs, where |
| 61 | applicable. |
| 62 | Section 2. Section 1004.85, Florida Statutes, is created |
| 63 | to read: |
| 64 | 1004.85 Postsecondary educator preparation institutes.-- |
| 65 | (1) As used in this section, "educator preparation |
| 66 | institute" means an institute created by a postsecondary |
| 67 | institution and approved by the Department of Education. |
| 68 | (2) Postsecondary institutions may seek approval from the |
| 69 | Department of Education to create educator preparation |
| 70 | institutes for the purpose of providing any or all of the |
| 71 | following: |
| 72 | (a) Professional development instruction to assist |
| 73 | teachers in improving classroom instruction and in meeting |
| 74 | certification or recertification requirements. |
| 75 | (b) Instruction to assist potential and existing |
| 76 | substitute teachers in performing their duties. |
| 77 | (c) Instruction to assist paraprofessionals in meeting |
| 78 | education and training requirements. |
| 79 | (d) Instruction for baccalaureate degree holders to become |
| 80 | certified teachers as provided in this section in order to |
| 81 | increase routes to the classroom for mid-career professionals |
| 82 | who hold a baccalaureate degree and college graduates who were |
| 83 | not education majors. |
| 84 | (3) Educator preparation institutes approved pursuant to |
| 85 | this section may offer alternative certification programs |
| 86 | specifically designed for noneducation major baccalaureate |
| 87 | degree holders to enable program participants to meet the |
| 88 | educator certification requirements of s. 1012.56. Such programs |
| 89 | shall be competency-based educator certification preparation |
| 90 | programs that prepare educators through an alternative route. An |
| 91 | educator preparation institute choosing to offer an alternative |
| 92 | certification program pursuant to the provisions of this section |
| 93 | must implement a program previously approved by the Department |
| 94 | of Education for this purpose or a program developed by the |
| 95 | institute and approved by the department for this purpose. |
| 96 | Approved programs shall be available for use by other approved |
| 97 | educator preparation institutes. |
| 98 | (a) Within 90 days after receipt of a request for |
| 99 | approval, the Department of Education shall approve an |
| 100 | alternative certification program or issue a statement of the |
| 101 | deficiencies in the request for approval. The department shall |
| 102 | approve an alternative certification program if the institute |
| 103 | provides sufficient evidence of the following: |
| 104 | 1. Instruction must be provided in professional knowledge |
| 105 | and subject matter content that includes educator-accomplished |
| 106 | practices and competencies specified in State Board of Education |
| 107 | rule; meets subject matter content requirements and professional |
| 108 | competency testing requirements; and includes competencies |
| 109 | associated with teaching scientifically based reading |
| 110 | instruction and strategies that research has shown to be |
| 111 | successful in improving reading among low-performing readers. |
| 112 | 2. The program must provide field experience with |
| 113 | supervision from qualified educators. |
| 114 | 3. The program must provide a certification ombudsman to |
| 115 | facilitate the process and procedures required for participants |
| 116 | who complete the program to meet any requirements related to the |
| 117 | background screening pursuant to s. 1012.32 and educator |
| 118 | professional or temporary certification pursuant to s. 1012.56. |
| 119 | (b) Each program participant must: |
| 120 | 1. Meet certification requirements pursuant to s. |
| 121 | 1012.56(1) by obtaining a statement of status of eligibility and |
| 122 | meet the requirements of s. 1012.56(2)(a)-(f). |
| 123 | 2. Participate in field experience that is appropriate to |
| 124 | his or her educational plan. |
| 125 | 3. Fully demonstrate his or her ability to teach the |
| 126 | subject area for which he or she is seeking certification prior |
| 127 | to completion of the program. |
| 128 | (c) Upon completion of an alternative certification |
| 129 | program approved pursuant to this subsection, a participant |
| 130 | shall receive a credential from the sponsoring institution |
| 131 | signifying satisfaction of the requirements of s. 1012.56(5) |
| 132 | relating to mastery of professional preparation and education |
| 133 | competence. A participant shall be eligible for educator |
| 134 | certification through the Department of Education upon |
| 135 | satisfaction of all requirements for certification set forth in |
| 136 | s. 1012.56(2), including demonstration of mastery of general |
| 137 | knowledge, subject area knowledge, and professional preparation |
| 138 | and education competence, through testing or other statutorily |
| 139 | authorized means. |
| 140 | (d) If an institution offers an alternative certification |
| 141 | program approved pursuant to this subsection, such program may |
| 142 | be used by the school district or districts served by that |
| 143 | institution to fully satisfy the requirements for the provision |
| 144 | of a competency-based professional preparation alternative |
| 145 | certification program as required in s. 1012.56(7). |
| 146 | (4) Each institute approved pursuant to this section shall |
| 147 | submit to the Department of Education annual performance |
| 148 | evaluations that measure the effectiveness of the programs, |
| 149 | including the pass rates of participants on all examinations |
| 150 | required for teacher certification, employment rates, |
| 151 | longitudinal retention rates, and employer satisfaction surveys. |
| 152 | The employer satisfaction surveys must be designed to measure |
| 153 | the sufficient preparation of the educator to enter the |
| 154 | classroom. |
| 155 | (5) Instructors for an alternative certification program |
| 156 | approved pursuant to this section must possess a master's degree |
| 157 | in education or a master's degree in an appropriate related |
| 158 | field and document teaching experience. |
| 159 | (6) Educator preparation institutes approved pursuant to |
| 160 | this section and providing approved instructional programs for |
| 161 | any of the purposes in subsection (2) are eligible for funding |
| 162 | from federal and state funds, as appropriated by the |
| 163 | Legislature. |
| 164 | (7) The State Board of Education may adopt rules pursuant |
| 165 | to ss. 120.536(1) and 120.54 to implement the provisions of this |
| 166 | section. |
| 167 | Section 3. Section 1012.05, Florida Statutes, is amended |
| 168 | to read: |
| 169 | 1012.05 Teacher recruitment and retention.-- |
| 170 | (1) The Department of Education, in cooperation with |
| 171 | teacher organizations, district personnel offices, and schools, |
| 172 | colleges, and departments of all public and nonpublic |
| 173 | postsecondary educational institutions, shall concentrate on the |
| 174 | recruitment and retention of qualified teachers. |
| 175 | (2) The Department of Education shall: |
| 176 | (a) Develop and implement a system for posting teaching |
| 177 | vacancies and establish a database of teacher applicants that is |
| 178 | accessible within and outside the state. |
| 179 | (b) Advertise in major newspapers, national professional |
| 180 | publications, and other professional publications and in public |
| 181 | and nonpublic postsecondary educational institutions. |
| 182 | (c) Utilize state and nationwide toll-free numbers. |
| 183 | (d) Conduct periodic communications with district |
| 184 | personnel directors regarding applicants. |
| 185 | (e) Provide district access to the applicant database by |
| 186 | computer or telephone. |
| 187 | (f) Develop and distribute promotional materials related |
| 188 | to the teaching profession as a career. |
| 189 | (g) Publish and distribute information pertaining to |
| 190 | employment opportunities, application procedures, and all routes |
| 191 | toward teacher certification in Florida, and teacher salaries. |
| 192 | (h) Provide information related to certification |
| 193 | procedures. |
| 194 | (i) Develop and sponsor the Florida Future Educator of |
| 195 | America Program throughout the state. |
| 196 | (j) Develop, in consultation with school district staff |
| 197 | including, but not limited to, district school superintendents, |
| 198 | district school board members, and district human resources |
| 199 | personnel, a long-range plan for educator recruitment and |
| 200 | retention. |
| 201 | (k) Identify best practices for retaining high-quality |
| 202 | teachers. |
| 203 | (l) Develop, in consultation with Workforce Florida, Inc., |
| 204 | and the Agency for Workforce Innovation, created pursuant to ss. |
| 205 | 445.004 and 20.50, respectively, a plan for accessing and |
| 206 | identifying available resources in the state's workforce system |
| 207 | for the purpose of enhancing teacher recruitment and retention. |
| 208 | (m) In consultation with school districts, create |
| 209 | guidelines and identify best practices for mentors of first-time |
| 210 | teachers and for new teacher support programs that focus on the |
| 211 | professional assistance needed by first-time teachers throughout |
| 212 | the first year of teaching. |
| 213 | (n)(m) Develop and implement a First Response Center to |
| 214 | provide educator candidates one-stop shopping for information on |
| 215 | teaching careers in Florida and establish the Teacher Lifeline |
| 216 | Network to provide online support to beginning teachers and |
| 217 | those needing assistance. |
| 218 | (o) Develop and implement an online teacher tool kit that |
| 219 | contains a menu of resources, based on the Sunshine State |
| 220 | Standards, which all teachers can use to enhance classroom |
| 221 | instruction and increase teacher effectiveness to improve |
| 222 | student achievement. |
| 223 | (p) Establish an Educator Appreciation Week to recognize |
| 224 | the significant contributions made by educators to their |
| 225 | students and school communities. |
| 226 | (q) Notify each teacher, via e-mail, of each item in the |
| 227 | General Appropriations Act that provides direct benefit to |
| 228 | teachers, including, but not limited to, the Dale Hickam |
| 229 | Excellent Teaching Program, the Florida Teachers Lead Program |
| 230 | Stipend, teacher liability insurance protection, and teacher |
| 231 | death benefits. |
| 232 | (3)(a) Each district school board shall adopt policies |
| 233 | relating to mentors and support for first-time teachers based |
| 234 | upon guidelines issued by the Department of Education. |
| 235 | (b) By September 15 and February 15 each school year, each |
| 236 | school district shall electronically submit to the Department of |
| 237 | Education accurate public school e-mail addresses for all |
| 238 | instructional and administrative personnel as defined in s. |
| 239 | 1012.01(2) and (3). |
| 240 | (4)(3) The Department of Education, in cooperation with |
| 241 | district personnel offices, shall sponsor a job fair in a |
| 242 | central part of the state to match in-state educators and |
| 243 | potential educators and out-of-state educators and potential |
| 244 | educators with teaching opportunities in this state. |
| 245 | (5)(4) Subject to proviso in the General Appropriations |
| 246 | Act, the Commissioner of Education may use funds appropriated by |
| 247 | the Legislature and funds from federal grants and other sources |
| 248 | to provide incentives for teacher recruitment and preparation |
| 249 | programs. The purpose of the use of such funds is to recruit and |
| 250 | prepare individuals who do not graduate from state-approved |
| 251 | teacher preparation programs to teach in a Florida public |
| 252 | school. The commissioner may contract with entities other than, |
| 253 | and including, approved teacher preparation programs to provide |
| 254 | intensive teacher training leading to passage of the required |
| 255 | certification exams for the desired subject area or coverage. |
| 256 | The commissioner shall survey school districts to evaluate the |
| 257 | effectiveness of such programs. |
| 258 | (6) The commissioner is directed to take steps that |
| 259 | provide flexibility and consistency in meeting the high-quality |
| 260 | teacher criteria defined in the federal No Child Left Behind Act |
| 261 | through a High, Objective, Uniform State Standard of Evaluation |
| 262 | (HOUSSE). |
| 263 | Section 4. Subsections (2) and (3) of section 1012.231, |
| 264 | Florida Statutes, are renumbered as subsections (3) and (4), |
| 265 | respectively, a new subsection (2) is added to said section, |
| 266 | and, for the purpose of incorporating the amendment to section |
| 267 | 1012.01(2), Florida Statutes, in a reference thereto, subsection |
| 268 | (1) of said section is reenacted, to read: |
| 269 | 1012.231 BEST Florida Teaching salary career ladder |
| 270 | program; assignment of teachers.-- |
| 271 | (1) SALARY CAREER LADDER FOR CLASSROOM TEACHERS.-- |
| 272 | Beginning with the 2004-2005 academic year, each district school |
| 273 | board shall implement a salary career ladder for classroom |
| 274 | teachers as defined in s. 1012.01(2)(a). Performance shall be |
| 275 | defined as designated in s. 1012.34(3)(a)1.-7. District school |
| 276 | boards shall designate categories of classroom teachers |
| 277 | reflecting these salary career ladder levels as follows: |
| 278 | (a) Associate teacher.--Classroom teachers in the school |
| 279 | district who have not yet received a professional certificate or |
| 280 | those with a professional certificate who are evaluated as low- |
| 281 | performing teachers. |
| 282 | (b) Professional teacher.--Classroom teachers in the |
| 283 | school district who have received a professional certificate. |
| 284 | (c) Lead teacher.--Classroom teachers in the school |
| 285 | district who are responsible for leading others in the school as |
| 286 | department chair, lead teacher, grade-level leader, intern |
| 287 | coordinator, or professional development coordinator. Lead |
| 288 | teachers must participate on a regular basis in the direct |
| 289 | instruction of students and serve as faculty for professional |
| 290 | development activities as determined by the State Board of |
| 291 | Education. To be eligible for designation as a lead teacher, a |
| 292 | teacher must demonstrate outstanding performance pursuant to s. |
| 293 | 1012.34(3)(a)1.-7. and must have been a "professional teacher" |
| 294 | pursuant to paragraph (b) for at least 1 year. |
| 295 | (d) Mentor teacher.--Classroom teachers in the school |
| 296 | district who serve as regular mentors to other teachers who are |
| 297 | either not performing satisfactorily or who strive to become |
| 298 | more proficient. Mentor teachers must serve as faculty-based |
| 299 | professional development coordinators and regularly demonstrate |
| 300 | and share their expertise with other teachers in order to remain |
| 301 | mentor teachers. Mentor teachers must also participate on a |
| 302 | regular basis in the direct instruction of low-performing |
| 303 | students. To be eligible for designation as a mentor teacher, a |
| 304 | teacher must demonstrate outstanding performance pursuant to s. |
| 305 | 1012.34(3)(a)1.-7. and must have been a "lead teacher" pursuant |
| 306 | to paragraph (c) for at least two years. |
| 307 |
|
| 308 | Promotion of a teacher to a higher level on the salary career |
| 309 | ladder shall be based upon prescribed performance criteria and |
| 310 | not based upon length of service. |
| 311 | (2) SALARY CAREER LADDER FOR CERTAIN CLASSIFICATIONS OF |
| 312 | INSTRUCTIONAL PERSONNEL.--Each school district may incorporate |
| 313 | one or more individuals into the district career ladder program |
| 314 | as lead teachers pursuant to paragraph (1)(c) for the following |
| 315 | classifications: |
| 316 | (a) Student personnel services as defined in s. |
| 317 | 1012.01(2)(b). |
| 318 | (b) Librarians/media specialists as defined in s. |
| 319 | 1012.01(2)(c). |
| 320 | (c) Other instructional staff as defined in s. |
| 321 | 1012.01(2)(d). |
| 322 | (d) Teachers of English for Speakers of Other Languages |
| 323 | pursuant to s. 1003.56. |
| 324 |
|
| 325 | If a school district chooses to incorporate individuals |
| 326 | identified in this subsection into the district career ladder |
| 327 | program, a lead teacher designated pursuant to this subsection |
| 328 | shall serve as a team leader, intern coordinator, or |
| 329 | professional development coordinator; shall participate in |
| 330 | direct instruction of students throughout the school year; and |
| 331 | shall serve as faculty for professional development activities |
| 332 | as determined by the State Board of Education. To be eligible |
| 333 | for designation as a lead teacher, an educator must demonstrate |
| 334 | outstanding performance pursuant to s. 1012.34(3)(a). |
| 335 | Section 5. Section 1012.32, Florida Statutes, is amended |
| 336 | to read: |
| 337 | 1012.32 Qualifications of personnel.-- |
| 338 | (1) To be eligible for appointment in any position in any |
| 339 | district school system, a person shall be of good moral |
| 340 | character; shall have attained the age of 18 years, if he or she |
| 341 | is to be employed in an instructional capacity; and shall, when |
| 342 | required by law, hold a certificate or license issued under |
| 343 | rules of the State Board of Education or the Department of |
| 344 | Children and Family Services, except when employed pursuant to |
| 345 | s. 1012.55 or under the emergency provisions of s. 1012.24. |
| 346 | Previous residence in this state shall not be required in any |
| 347 | school of the state as a prerequisite for any person holding a |
| 348 | valid Florida certificate or license to serve in an |
| 349 | instructional capacity. |
| 350 | (2)(a) Instructional and noninstructional personnel who |
| 351 | are hired or contracted to fill positions requiring direct |
| 352 | contact with students in any district school system or |
| 353 | university lab school shall, upon employment or engagement to |
| 354 | provide services, undergo background screening as required under |
| 355 | s. 1012.56 or s. 1012.465, whichever is applicable, file a |
| 356 | complete set of fingerprints taken by an authorized law |
| 357 | enforcement officer or an employee of the school or district who |
| 358 | is trained to take fingerprints. |
| 359 | (b) Instructional and noninstructional personnel who are |
| 360 | hired or contracted to fill positions in any charter school and |
| 361 | members of the governing board of any charter school, in |
| 362 | compliance with s. 1002.33(12)(g), shall, upon employment, |
| 363 | engagement of services, or appointment, undergo background |
| 364 | screening as required under s. 1012.56 or s. 1012.465, whichever |
| 365 | is applicable, by filing with the district school board for the |
| 366 | school district in which the charter school is located a |
| 367 | complete set of fingerprints taken by an authorized law |
| 368 | enforcement agency or an employee of the school or school |
| 369 | district who is trained to take fingerprints. |
| 370 | (c) Instructional and noninstructional personnel who are |
| 371 | hired or contracted to fill positions requiring direct contact |
| 372 | with students in an alternative school that operates under |
| 373 | contract with a district school system shall, upon employment or |
| 374 | engagement to provide services, undergo background screening as |
| 375 | required under s. 1012.56 or s. 1012.465, whichever is |
| 376 | applicable, by filing with the district school board for the |
| 377 | school district to which the alternative school is under |
| 378 | contract a complete set of fingerprints taken by an authorized |
| 379 | law enforcement agency or an employee of the school or school |
| 380 | district who is trained to take fingerprints. |
| 381 | (d) Student teachers, persons participating in a field |
| 382 | experience pursuant to s. 1004.04(6) or s. 1004.85, and persons |
| 383 | participating in a short-term experience as a teacher assistant |
| 384 | pursuant to s. 1004.04(10) in any district school system, lab |
| 385 | school, or charter school shall, upon engagement to provide |
| 386 | services, undergo background screening as required under s. |
| 387 | 1012.56. |
| 388 |
|
| 389 | These Fingerprints shall be submitted to the Department of Law |
| 390 | Enforcement for state processing and to the Federal Bureau of |
| 391 | Investigation for federal processing. Persons subject to this |
| 392 | subsection The new employees shall be on probationary status |
| 393 | pending fingerprint processing and determination of compliance |
| 394 | with standards of good moral character. Employees found through |
| 395 | fingerprint processing to have been convicted of a crime |
| 396 | involving moral turpitude shall not be employed, engaged to |
| 397 | provide services, or serve in any position requiring direct |
| 398 | contact with students. Probationary persons subject to this |
| 399 | subsection employees terminated because of their criminal record |
| 400 | shall have the right to appeal such decisions. The cost of the |
| 401 | background screening fingerprint processing may be borne by the |
| 402 | district school board, the charter school, or the employee, the |
| 403 | contractor, or a person subject to this subsection. |
| 404 | (b) Personnel who have been fingerprinted or screened |
| 405 | pursuant to this subsection and who have not been unemployed for |
| 406 | more than 90 days shall not be required to be refingerprinted or |
| 407 | rescreened in order to comply with the requirements of this |
| 408 | subsection. |
| 409 | (3)(a) Beginning July 1, 2004, all fingerprints submitted |
| 410 | to the Department of Law Enforcement as required by subsection |
| 411 | (2) shall be retained by the Department of Law Enforcement in a |
| 412 | manner provided by rule and entered in the statewide automated |
| 413 | fingerprint identification system authorized by s. 943.05(2)(b). |
| 414 | Such fingerprints shall thereafter be available for all purposes |
| 415 | and uses authorized for arrest fingerprint cards entered in the |
| 416 | statewide automated fingerprint identification system pursuant |
| 417 | to s. 943.051. |
| 418 | (b) Beginning December 15, 2004, the Department of Law |
| 419 | Enforcement shall search all arrest fingerprint cards received |
| 420 | under s. 943.051 against the fingerprints retained in the |
| 421 | statewide automated fingerprint identification system under |
| 422 | paragraph (a). Any arrest record that is identified with the |
| 423 | retained fingerprints of a person subject to the background |
| 424 | screening under this section shall be reported to the employing |
| 425 | or contracting school district or the school district with which |
| 426 | the person is affiliated. Each school district is required to |
| 427 | participate in this search process by payment of an annual fee |
| 428 | to the Department of Law Enforcement and by informing the |
| 429 | Department of Law Enforcement of any change in the affiliation, |
| 430 | employment, or contractual status or place of affiliation, |
| 431 | employment, or contracting of its instructional and |
| 432 | noninstructional personnel whose fingerprints are retained under |
| 433 | paragraph (a). The Department of Law Enforcement shall adopt a |
| 434 | rule setting the amount of the annual fee to be imposed upon |
| 435 | each school district for performing these searches and |
| 436 | establishing the procedures for the retention of instructional |
| 437 | and noninstructional personnel fingerprints and the |
| 438 | dissemination of search results. The fee may be borne by the |
| 439 | district school board, the contractor, or the person |
| 440 | fingerprinted. |
| 441 | (c) Personnel whose fingerprints are not retained by the |
| 442 | Department of Law Enforcement under paragraphs (a) and (b) are |
| 443 | required to be refingerprinted and must meet state and federal |
| 444 | background screening requirements as described in this section, |
| 445 | upon reemployment or reengagement to provide services, in order |
| 446 | to comply with the requirements of this subsection. |
| 447 | Section 6. Paragraph (g) of subsection (3) of section |
| 448 | 1012.33, Florida Statutes, is amended to read: |
| 449 | 1012.33 Contracts with instructional staff, supervisors, |
| 450 | and school principals.-- |
| 451 | (3) |
| 452 | (g) Beginning July 1, 2001, For each employee who enters |
| 453 | into a written contract, pursuant to this section, in a school |
| 454 | district in which the employee was not employed as of June 30, |
| 455 | 2001, for purposes of pay, a district school board must |
| 456 | recognize and accept each year of full-time public school |
| 457 | teaching service earned in the State of Florida or outside the |
| 458 | state and for which the employee received a satisfactory |
| 459 | performance evaluation. Instructional personnel employed |
| 460 | pursuant to s. 121.091(9)(b)3. are exempt from the provisions of |
| 461 | this paragraph. |
| 462 | Section 7. Section 1012.35, Florida Statutes, is amended |
| 463 | to read: |
| 464 | 1012.35 Substitute teachers.-- |
| 465 | (1)(a) Each district school board shall adopt rules |
| 466 | prescribing the compensation of, and the procedure for |
| 467 | employment of, substitute teachers. Such procedure for |
| 468 | employment shall include, but is not limited to, the background |
| 469 | screening filing of a complete set of fingerprints as required |
| 470 | in s. 1012.32; documentation of a minimum education level of a |
| 471 | high school diploma or its equivalent; and completion of an |
| 472 | initial orientation/training program in school district policies |
| 473 | and procedures addressing school safety and security procedures, |
| 474 | educational liability laws, professional responsibilities, and |
| 475 | ethics. |
| 476 | (b) Candidates without prior teaching experience, as |
| 477 | determined by the employing school district, must complete an |
| 478 | additional training program that includes classroom management |
| 479 | skills and instructional strategies. |
| 480 | (c) The required training programs for substitute teachers |
| 481 | may be provided by educator preparation institutes established |
| 482 | pursuant to s. 1004.85, community colleges, colleges of |
| 483 | education, district school boards, educational consortia, or |
| 484 | commercial vendors. |
| 485 | (d) It is recommended that ongoing training and access to |
| 486 | professional development offerings be made available to |
| 487 | substitute teachers by the employing school district. |
| 488 | (2) The Department of Education shall develop web-based |
| 489 | resources to enhance school district substitute teacher |
| 490 | orientation programs and provide web-based training resources to |
| 491 | meet the required training pursuant to paragraph (1)(b). |
| 492 | (3) School districts shall develop performance appraisal |
| 493 | measures for assessing the quality of instruction delivered by |
| 494 | substitute teachers who provide instruction for 30 or more days |
| 495 | in a single classroom placement. |
| 496 | Section 8. Subsection (1) of section 1012.39, Florida |
| 497 | Statutes, is amended to read: |
| 498 | 1012.39 Employment of substitute teachers, teachers of |
| 499 | adult education, nondegreed teachers of career education, and |
| 500 | career specialists; students performing clinical field |
| 501 | experience.-- |
| 502 | (1) Notwithstanding ss. 1012.32, 1012.55, 1012.56, and |
| 503 | 1012.57, or any other provision of law or rule to the contrary, |
| 504 | each district school board shall establish the minimal |
| 505 | qualifications for: |
| 506 | (a) Substitute teachers to be employed pursuant to s. |
| 507 | 1012.35. The qualifications shall require the filing of a |
| 508 | background screening complete set of fingerprints in the same |
| 509 | manner as required by s. 1012.32; documentation of a minimum |
| 510 | education level of a high school diploma or its equivalent; and |
| 511 | completion of an initial orientation/training program in school |
| 512 | district policies and procedures addressing school safety and |
| 513 | security procedures, educational liability laws, professional |
| 514 | responsibilities, and ethics. |
| 515 | (b) Part-time and full-time teachers in adult education |
| 516 | programs. The qualifications shall require the filing of a |
| 517 | background screening complete set of fingerprints in the same |
| 518 | manner as required by s. 1012.32. Faculty employed solely to |
| 519 | conduct postsecondary instruction may be exempted from this |
| 520 | requirement. |
| 521 | (c) Part-time and full-time nondegreed teachers of career |
| 522 | and technical programs. Qualifications shall be established for |
| 523 | agriculture, business, health occupations, family and consumer |
| 524 | sciences, industrial, marketing, career specialist, and public |
| 525 | service education teachers, based primarily on successful |
| 526 | occupational experience rather than academic training. The |
| 527 | qualifications for such teachers shall require: |
| 528 | 1. The filing of a background screening complete set of |
| 529 | fingerprints in the same manner as required by s. 1012.32. |
| 530 | Faculty employed solely to conduct postsecondary instruction may |
| 531 | be exempted from this requirement. |
| 532 | 2. Documentation of education and successful occupational |
| 533 | experience including documentation of: |
| 534 | a. A high school diploma or the equivalent. |
| 535 | b. Completion of 6 years of full-time successful |
| 536 | occupational experience or the equivalent of part-time |
| 537 | experience in the teaching specialization area. Alternate means |
| 538 | of determining successful occupational experience may be |
| 539 | established by the district school board. |
| 540 | c. Completion of career education training conducted |
| 541 | through the local school district inservice master plan. |
| 542 | d. For full-time teachers, completion of professional |
| 543 | education training in teaching methods, course construction, |
| 544 | lesson planning and evaluation, and teaching special needs |
| 545 | students. This training may be completed through coursework from |
| 546 | an accredited or approved institution or an approved district |
| 547 | teacher education program. |
| 548 | e. Demonstration of successful teaching performance. |
| 549 | Section 9. Section 1012.465, Florida Statutes, is created |
| 550 | to read: |
| 551 | 1012.465 Background screening requirements for certain |
| 552 | noninstructional school district employees and contractors.-- |
| 553 | (1) Noninstructional school district employees or |
| 554 | contractual personnel who have direct contact with students or |
| 555 | have access to or control of school funds must meet background |
| 556 | screening requirements as described in s. 1012.32. |
| 557 | (2) Every 5 years following employment or entry into a |
| 558 | contract in a capacity described in subsection (1), each person |
| 559 | who is so employed or under contract with the school district |
| 560 | must meet background screening requirements at which time the |
| 561 | school district shall request the Department of Law Enforcement |
| 562 | to forward the fingerprints to the Federal Bureau of |
| 563 | Investigation for the federal background screening. If, for any |
| 564 | reason following employment or entry into a contract in a |
| 565 | capacity described in subsection (1), the fingerprints of a |
| 566 | person who is so employed or under contract with the school |
| 567 | district are not retained by the Department of Law Enforcement |
| 568 | under s. 1012.32(3)(a) and (b), the person must file a complete |
| 569 | set of fingerprints with the district school superintendent of |
| 570 | the employing or contracting school district. Upon submission of |
| 571 | fingerprints for this purpose, the school district shall request |
| 572 | the Department of Law Enforcement to forward the fingerprints to |
| 573 | the Federal Bureau of Investigation for federal background |
| 574 | screening, and the fingerprints shall be retained by the |
| 575 | Department of Law Enforcement under s. 1012.32(3)(a) and (b). |
| 576 | The cost of the state and federal criminal history check may be |
| 577 | borne by the district school board, the contractor, or the |
| 578 | person fingerprinted. Under penalty of perjury, each person who |
| 579 | is employed or under contract in a capacity described in |
| 580 | subsection (1) must agree to inform his or her employer or the |
| 581 | party with whom he or she is under contract within 48 hours if |
| 582 | convicted of any disqualifying offense while he or she is |
| 583 | employed or under contract in that capacity. |
| 584 | (3) If it is found that a person who is employed or under |
| 585 | contract in a capacity described in subsection (1) does not meet |
| 586 | the background screening requirements described in s. 1012.32, |
| 587 | the person shall be immediately suspended from working in that |
| 588 | capacity and shall remain suspended until final resolution of |
| 589 | any appeals. |
| 590 | Section 10. Subsections (1) and (4) of section 1012.55, |
| 591 | Florida Statutes, are amended to read: |
| 592 | 1012.55 Positions for which certificates required.-- |
| 593 | (1) The State Board of Education shall classify school |
| 594 | services, designate the certification subject areas, establish |
| 595 | competencies, including the use of technology to enhance student |
| 596 | learning, and certification requirements for all school-based |
| 597 | personnel, and adopt rules in accordance with which the |
| 598 | professional, temporary, and part-time certificates shall be |
| 599 | issued by the Department of Education to applicants who meet the |
| 600 | standards prescribed by such rules for their class of service. |
| 601 | Each person employed or occupying a position as school |
| 602 | supervisor, school principal, teacher, library media specialist, |
| 603 | school counselor, athletic coach, or other position in which the |
| 604 | employee serves in an instructional capacity, in any public |
| 605 | school of any district of this state shall hold the certificate |
| 606 | required by law and by rules of the State Board of Education in |
| 607 | fulfilling the requirements of the law for the type of service |
| 608 | rendered. The Department of Education shall identify appropriate |
| 609 | educator certification for the instruction of specified courses |
| 610 | in an annual publication of a directory of course code numbers |
| 611 | for all programs and courses that are funded through the Florida |
| 612 | Education Finance Program. However, the state board shall adopt |
| 613 | rules authorizing district school boards to employ selected |
| 614 | noncertificated personnel to provide instructional services in |
| 615 | the individuals' fields of specialty or to assist instructional |
| 616 | staff members as education paraprofessionals. |
| 617 | (4) A commissioned or noncommissioned military officer who |
| 618 | is an instructor of junior reserve officer training shall be |
| 619 | exempt from requirements for teacher certification, except for |
| 620 | the background screening filing of fingerprints pursuant to s. |
| 621 | 1012.32, if he or she meets the following qualifications: |
| 622 | (a) Is retired from active military duty, pursuant to |
| 623 | chapter 102 of Title 10, U.S.C. |
| 624 | (b) Satisfies criteria established by the appropriate |
| 625 | military service for certification by the service as a junior |
| 626 | reserve officer training instructor. |
| 627 | (c) Has an exemplary military record. |
| 628 |
|
| 629 | If such instructor is assigned instructional duties other than |
| 630 | junior reserve officer training, he or she shall hold the |
| 631 | certificate required by law and rules of the state board for the |
| 632 | type of service rendered. |
| 633 | Section 11. Subsection (1), paragraphs (b) and (d) of |
| 634 | subsection (2), and subsections (3), (4), and (5) of section |
| 635 | 1012.56, Florida Statutes, are amended, subsections (9) through |
| 636 | (15) are renumbered as subsections (10) through (16), |
| 637 | respectively, and a new subsection (9) is added to said section, |
| 638 | to read: |
| 639 | 1012.56 Educator certification requirements.-- |
| 640 | (1) APPLICATION.--Each person seeking certification |
| 641 | pursuant to this chapter shall submit a completed application |
| 642 | containing the applicant's social security number to the |
| 643 | Department of Education and remit the fee required pursuant to |
| 644 | s. 1012.59 and rules of the State Board of Education. Pursuant |
| 645 | to the federal Personal Responsibility and Work Opportunity |
| 646 | Reconciliation Act of 1996, each party is required to provide |
| 647 | his or her social security number in accordance with this |
| 648 | section. Disclosure of social security numbers obtained through |
| 649 | this requirement is limited to the purpose of administration of |
| 650 | the Title IV-D program of the Social Security Act for child |
| 651 | support enforcement. Pursuant to s. 120.60, the department shall |
| 652 | issue within 90 calendar days after the stamped receipted date |
| 653 | of the completed application: |
| 654 | (a) If the applicant meets the requirements, a |
| 655 | professional certificate covering the classification, level, and |
| 656 | area for which the applicant is deemed qualified and a document |
| 657 | explaining the requirements for renewal of the professional |
| 658 | certificate; or |
| 659 | (b) If the applicant meets the requirements and if |
| 660 | requested by an employing school district or an employing |
| 661 | private school with a professional education competence |
| 662 | demonstration program pursuant to paragraphs (5)(f) and (7)(b), |
| 663 | a temporary certificate covering the classification, level, and |
| 664 | area for which the applicant is deemed qualified and an official |
| 665 | statement of status of eligibility; or |
| 666 | (c)(b) If an applicant does not meet the requirements for |
| 667 | either certificate, an official statement of status of |
| 668 | eligibility. |
| 669 |
|
| 670 | The statement of status of eligibility must advise the applicant |
| 671 | of any qualifications that must be completed to qualify for |
| 672 | certification. Each statement of status of eligibility is valid |
| 673 | for 3 years after its date of issuance, except as provided in |
| 674 | paragraph (2)(d). |
| 675 | (2) ELIGIBILITY CRITERIA.--To be eligible to seek |
| 676 | certification, a person must: |
| 677 | (b) File an affidavit a written statement, under oath, |
| 678 | that the applicant subscribes to and will uphold the principles |
| 679 | incorporated in the Constitution of the United States and the |
| 680 | Constitution of the State of Florida and that the information |
| 681 | provided in the application is true, accurate, and complete. The |
| 682 | affidavit shall be by original signature or by electronic |
| 683 | authentication. The affidavit shall include substantially the |
| 684 | following warning: |
| 685 |
|
| 686 | WARNING: Giving false information in order to obtain or renew a |
| 687 | Florida educator's certificate is a criminal offense under |
| 688 | Florida law. Anyone giving false information on this affidavit |
| 689 | is subject to criminal prosecution as well as disciplinary |
| 690 | action by the Education Practices Commission. |
| 691 |
|
| 692 | (d) Submit to background screening in accordance with |
| 693 | subsection (9) a fingerprint check from the Department of Law |
| 694 | Enforcement and the Federal Bureau of Investigation pursuant to |
| 695 | s. 1012.32. If the background screening indicates fingerprint |
| 696 | reports indicate a criminal history or if the applicant |
| 697 | acknowledges a criminal history, the applicant's records shall |
| 698 | be referred to the investigative section in the Department of |
| 699 | Education Bureau of Educator Standards for review and |
| 700 | determination of eligibility for certification. If the applicant |
| 701 | fails to provide the necessary documentation requested by the |
| 702 | department Bureau of Educator Standards within 90 days after the |
| 703 | date of the receipt of the certified mail request, the statement |
| 704 | of eligibility and pending application shall become invalid. |
| 705 | (3) MASTERY OF GENERAL KNOWLEDGE.--Acceptable means of |
| 706 | demonstrating mastery of general knowledge are: |
| 707 | (a) Achievement of passing scores on basic skills |
| 708 | examination required by state board rule; |
| 709 | (b) Achievement of passing scores on the College Level |
| 710 | Academic Skills Test earned prior to July 1, 2002; |
| 711 | (c) A valid professional standard teaching certificate |
| 712 | issued by another state; |
| 713 | (d) A valid certificate issued by the National Board for |
| 714 | Professional Teaching Standards or a national educator |
| 715 | credentialing board approved by the State Board of Education; or |
| 716 | (e) Documentation of two semesters of successful teaching |
| 717 | in a community college, state university, or private college or |
| 718 | university that awards an associate or higher degree and is an |
| 719 | accredited institution or an institution of higher education |
| 720 | identified by the Department of Education as having a quality |
| 721 | program. |
| 722 | (4) MASTERY OF SUBJECT AREA KNOWLEDGE.--Acceptable means |
| 723 | of demonstrating mastery of subject area knowledge are: |
| 724 | (a) Achievement of passing scores on subject area |
| 725 | examinations required by state board rule; |
| 726 | (b) Completion of the subject area specialization |
| 727 | requirements specified in state board rule and verification of |
| 728 | the attainment of the essential subject matter competencies by |
| 729 | the district school superintendent of the employing school |
| 730 | district or chief administrative officer of the employing state- |
| 731 | supported or private school for a subject area for which a |
| 732 | subject area examination has not been developed and required by |
| 733 | state board rule; |
| 734 | (c) Completion of the subject area specialization |
| 735 | requirements specified in state board rule for a subject |
| 736 | coverage requiring a master's or higher degree and achievement |
| 737 | of a passing score on the subject area examination specified in |
| 738 | state board rule; |
| 739 | (d) A valid professional standard teaching certificate |
| 740 | issued by another state; or |
| 741 | (e) A valid certificate issued by the National Board for |
| 742 | Professional Teaching Standards or a national educator |
| 743 | credentialing board approved by the State Board of Education. |
| 744 | (5) MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION |
| 745 | COMPETENCE.--Acceptable means of demonstrating mastery of |
| 746 | professional preparation and education competence are: |
| 747 | (a) Completion of an approved teacher preparation program |
| 748 | at a postsecondary educational institution within this state and |
| 749 | achievement of a passing score on the professional education |
| 750 | competency examination required by state board rule; |
| 751 | (b) Completion of a teacher preparation program at a |
| 752 | postsecondary educational institution outside Florida and |
| 753 | achievement of a passing score on the professional education |
| 754 | competency examination required by state board rule; |
| 755 | (c) A valid professional standard teaching certificate |
| 756 | issued by another state; |
| 757 | (d) A valid certificate issued by the National Board for |
| 758 | Professional Teaching Standards or a national educator |
| 759 | credentialing board approved by the State Board of Education; |
| 760 | (e) Documentation of two semesters of successful teaching |
| 761 | in a community college, state university, or private college or |
| 762 | university that awards an associate or higher degree and is an |
| 763 | accredited institution or an institution of higher education |
| 764 | identified by the Department of Education as having a quality |
| 765 | program; |
| 766 | (f) Completion of professional preparation courses as |
| 767 | specified in state board rule, successful completion of a |
| 768 | professional education competence demonstration program pursuant |
| 769 | to paragraph (7)(b), and achievement of a passing score on the |
| 770 | professional education competency examination required by state |
| 771 | board rule; or |
| 772 | (g) Successful completion of a professional preparation |
| 773 | alternative certification and education competency program, |
| 774 | outlined in paragraph (7)(a); or |
| 775 | (h) Successful completion of an alternative certification |
| 776 | program pursuant to s. 1004.85 and achievement of a passing |
| 777 | score on the professional education competency examination |
| 778 | required by state board rule. |
| 779 | (9) BACKGROUND SCREENING REQUIRED, INITIALLY AND |
| 780 | PERIODICALLY.-- |
| 781 | (a) Each person who seeks certification under this chapter |
| 782 | must meet the background screening requirements described in s. |
| 783 | 1012.32 unless state and federal background screening has been |
| 784 | conducted by a district school board or the Department of |
| 785 | Education within 12 months before the date the person initially |
| 786 | obtains certification under this chapter, the results of which |
| 787 | are submitted to the district school board or to the Department |
| 788 | of Education. |
| 789 | (b) A person may not receive a certificate under this |
| 790 | chapter until the background screening has been completed and |
| 791 | the results have been submitted to the Department of Education |
| 792 | or to the district school superintendent of the school district |
| 793 | that employs the person. Every 5 years after obtaining initial |
| 794 | certification, each person who is required to be certified under |
| 795 | this chapter must meet background screening requirements as |
| 796 | described in s. 1012.32 at which time the school district shall |
| 797 | request the Department of Law Enforcement to forward the |
| 798 | fingerprints to the Federal Bureau of Investigation for the |
| 799 | federal background screening. If, for any reason after obtaining |
| 800 | initial certification, the fingerprints of a person who is |
| 801 | required to be certified under this chapter are not retained by |
| 802 | the Department of Law Enforcement under s. 1012.32(3)(a) and |
| 803 | (b), the person must file a complete set of fingerprints with |
| 804 | the district school superintendent of the employing school |
| 805 | district. Upon submission of fingerprints for this purpose, the |
| 806 | school district shall request the Department of Law Enforcement |
| 807 | to forward the fingerprints to the Federal Bureau of |
| 808 | Investigation for federal background screening, and the |
| 809 | fingerprints shall be retained by the Department of Law |
| 810 | Enforcement under s. 1012.32(3)(a) and (b). The cost of the |
| 811 | state and federal criminal history check may be borne by the |
| 812 | district school board or the employee. Under penalty of perjury, |
| 813 | each person who is certified under this chapter must agree to |
| 814 | inform his or her employer within 48 hours if convicted of any |
| 815 | disqualifying offense while he or she is employed in a position |
| 816 | for which such certification is required. |
| 817 | (c) If it is found under s. 1012.796 that a person who is |
| 818 | employed in a position requiring certification under this |
| 819 | chapter does not meet the background screening requirements, the |
| 820 | person's certification shall be immediately revoked or suspended |
| 821 | and he or she shall be immediately suspended from the position |
| 822 | requiring certification. |
| 823 | Section 12. Section 1012.561, Florida Statutes, is created |
| 824 | to read: |
| 825 | 1012.561 Address of record.--Each certified educator or |
| 826 | applicant for certification is responsible for maintaining his |
| 827 | or her current address with the Department of Education and for |
| 828 | notifying the department in writing of a change of address. By |
| 829 | January 1, 2005, each educator and applicant for certification |
| 830 | must have on file with the department a current mailing address. |
| 831 | Thereafter, a certified educator or applicant for certification |
| 832 | who is employed by a district school board shall notify his or |
| 833 | her employing school district in writing within 10 days after a |
| 834 | change of address. At a minimum, the employing district school |
| 835 | board shall notify the department quarterly of the addresses of |
| 836 | certified educators or applicants for certification in the |
| 837 | manner prescribed by the department. A certified educator or |
| 838 | applicant for certification not employed by a district school |
| 839 | board shall personally notify the department in writing within |
| 840 | 30 days after a change of address. Electronic notification shall |
| 841 | be permitted by the department; however, it shall be the |
| 842 | responsibility of the certified educator or applicant for |
| 843 | certification to ascertain that the electronic notification was |
| 844 | received by the department. |
| 845 | Section 13. Section 1012.57, Florida Statutes, is amended |
| 846 | to read: |
| 847 | 1012.57 Certification of adjunct educators.-- |
| 848 | (1) Notwithstanding the provisions of ss. 1012.32, |
| 849 | 1012.55, and 1012.56, or any other provision of law or rule to |
| 850 | the contrary, district school boards shall adopt rules to allow |
| 851 | for the issuance of an adjunct teaching certificate to any |
| 852 | applicant who fulfills the requirements of s. 1012.56(2)(a)-(f) |
| 853 | and (9) and who has expertise in the subject area to be taught. |
| 854 | An applicant shall be considered to have expertise in the |
| 855 | subject area to be taught if the applicant demonstrates |
| 856 | sufficient subject area mastery through passage of a subject |
| 857 | area test. The adjunct teaching certificate shall be used for |
| 858 | part-time teaching positions. The intent of this provision is to |
| 859 | allow school districts to tap the wealth of talent and expertise |
| 860 | represented in Florida's citizens who may wish to teach part- |
| 861 | time in a Florida public school by permitting school districts |
| 862 | to issue adjunct certificates to qualified applicants. Adjunct |
| 863 | certificateholders should be used as a strategy to reduce the |
| 864 | teacher shortage; thus, adjunct certificateholders should |
| 865 | supplement a school's instructional staff, not supplant it. Each |
| 866 | school principal shall assign an experienced peer mentor to |
| 867 | assist the adjunct teaching certificateholder during the |
| 868 | certificateholder's first year of teaching, and an adjunct |
| 869 | certificateholder may participate in a district's new teacher |
| 870 | training program. District school boards shall provide the |
| 871 | adjunct teaching certificateholder an orientation in classroom |
| 872 | management prior to assigning the certificateholder to a school. |
| 873 | Each adjunct teaching certificate is valid for 5 school years |
| 874 | and is renewable if the applicant has received satisfactory |
| 875 | performance evaluations during each year of teaching under |
| 876 | adjunct teaching certification. |
| 877 | (2) Individuals who are certified and employed under |
| 878 | pursuant to this section shall have the same rights and |
| 879 | protection of laws as teachers certified under pursuant to s. |
| 880 | 1012.56. |
| 881 | Section 14. Paragraph (d) of subsection (3) of section |
| 882 | 1012.585, Florida Statutes, is amended to read: |
| 883 | 1012.585 Process for renewal of professional |
| 884 | certificates.-- |
| 885 | (3) For the renewal of a professional certificate, the |
| 886 | following requirements must be met: |
| 887 | (d) The State Board of Education shall adopt rules for the |
| 888 | expanded use of training for renewal of the professional |
| 889 | certificate for educators who are required to complete training |
| 890 | in teaching students of limited English proficiency and training |
| 891 | in the teaching of reading as follows: |
| 892 | 1. A teacher who holds a professional certificate may use |
| 893 | college credits or inservice points completed in English-for- |
| 894 | Speakers-of-Other-Languages training and training in the |
| 895 | teaching of reading in excess of 6 semester hours during one |
| 896 | certificate-validity period toward renewal of the professional |
| 897 | certificate during the subsequent validity periods. |
| 898 | 2. A teacher who holds a temporary certificate may use |
| 899 | college credits or inservice points completed in English-for- |
| 900 | Speakers-of-Other-Languages training and training in the |
| 901 | teaching of reading toward renewal of the teacher's first |
| 902 | professional certificate. Such training must not have been |
| 903 | included within the degree program, and the teacher's temporary |
| 904 | and professional certificates must be issued for consecutive |
| 905 | school years. |
| 906 | Section 15. Paragraph (g) of subsection (12) of section |
| 907 | 1002.33, Florida Statutes, is amended to read: |
| 908 | 1002.33 Charter schools.-- |
| 909 | (12) EMPLOYEES OF CHARTER SCHOOLS.-- |
| 910 | (g) A charter school shall employ or contract with |
| 911 | employees who have undergone background screening been |
| 912 | fingerprinted as provided in s. 1012.32. Members of the |
| 913 | governing board of the charter school shall also undergo |
| 914 | background screening be fingerprinted in a manner similar to |
| 915 | that provided in s. 1012.32. |
| 916 | Section 16. Subsection (2) of section 1012.01, Florida |
| 917 | Statutes, is amended to read: |
| 918 | 1012.01 Definitions.--Specific definitions shall be as |
| 919 | follows, and wherever such defined words or terms are used in |
| 920 | the Florida K-20 Education Code, they shall be used as follows: |
| 921 | (2) INSTRUCTIONAL PERSONNEL.--"Instructional personnel" |
| 922 | means any K-12 staff member whose function includes the |
| 923 | provision of direct instructional services to students. |
| 924 | Instructional personnel also includes K-12 personnel whose |
| 925 | functions provide direct support in the learning process of |
| 926 | students. Included in the classification of instructional |
| 927 | personnel are the following K-12 personnel: |
| 928 | (a) Classroom teachers.--Classroom teachers are staff |
| 929 | members assigned the professional activity of instructing |
| 930 | students in courses in classroom situations, including basic |
| 931 | instruction, exceptional student education, career and technical |
| 932 | education, and adult education, including substitute teachers. |
| 933 | (b) Student personnel services.--Student personnel |
| 934 | services include staff members responsible for: advising |
| 935 | students with regard to their abilities and aptitudes, |
| 936 | educational and occupational opportunities, and personal and |
| 937 | social adjustments; providing placement services; performing |
| 938 | educational evaluations; and similar functions. Included in this |
| 939 | classification are guidance counselors, social workers, |
| 940 | occupational/placement specialists, and school psychologists. |
| 941 | (c) Librarians/media specialists.--Librarians/media |
| 942 | specialists are staff members responsible for providing school |
| 943 | library media services. These employees are responsible for |
| 944 | evaluating, selecting, organizing, and managing media and |
| 945 | technology resources, equipment, and related systems; |
| 946 | facilitating access to information resources beyond the school; |
| 947 | working with teachers to make resources available in the |
| 948 | instructional programs; assisting teachers and students in media |
| 949 | productions; and instructing students in the location and use of |
| 950 | information resources. |
| 951 | (d) Other instructional staff.--Other instructional staff |
| 952 | are staff members who are part of the instructional staff but |
| 953 | are not classified in one of the categories specified in |
| 954 | paragraphs (a)-(c). Included in this classification are primary |
| 955 | specialists, learning resource specialists, instructional |
| 956 | trainers, adjunct educators certified pursuant to s. 1012.57, |
| 957 | and similar positions. |
| 958 | (e) Education paraprofessionals.--Education |
| 959 | paraprofessionals are individuals who are under the direct |
| 960 | supervision of an instructional staff member, aiding the |
| 961 | instructional process. Included in this classification are |
| 962 | classroom paraprofessionals in regular instruction, exceptional |
| 963 | education paraprofessionals, career education paraprofessionals, |
| 964 | adult education paraprofessionals, library paraprofessionals, |
| 965 | physical education and playground paraprofessionals, and other |
| 966 | school-level paraprofessionals. |
| 967 | Section 17. For the purpose of incorporating the amendment |
| 968 | to section 1012.01(2), Florida Statutes, in a reference thereto, |
| 969 | paragraph (b) of subsection (1) of section 112.1915, Florida |
| 970 | Statutes, is reenacted to read: |
| 971 | 112.1915 Teachers and school administrators; death |
| 972 | benefits.--Any other provision of law to the contrary |
| 973 | notwithstanding: |
| 974 | (1) As used in this section, the term: |
| 975 | (b) "Teacher" means any instructional staff personnel as |
| 976 | described in s. 1012.01(2). |
| 977 | Section 18. Paragraphs (a) and (b) of subsection (13) of |
| 978 | section 121.091, Florida Statutes, are amended, and, for the |
| 979 | purpose of incorporating the amendment to section 1012.01(2), |
| 980 | Florida Statutes, in a reference thereto, paragraph (b) of |
| 981 | subsection (9) of said section is reenacted, to read: |
| 982 | 121.091 Benefits payable under the system.--Benefits may |
| 983 | not be paid under this section unless the member has terminated |
| 984 | employment as provided in s. 121.021(39)(a) or begun |
| 985 | participation in the Deferred Retirement Option Program as |
| 986 | provided in subsection (13), and a proper application has been |
| 987 | filed in the manner prescribed by the department. The department |
| 988 | may cancel an application for retirement benefits when the |
| 989 | member or beneficiary fails to timely provide the information |
| 990 | and documents required by this chapter and the department's |
| 991 | rules. The department shall adopt rules establishing procedures |
| 992 | for application for retirement benefits and for the cancellation |
| 993 | of such application when the required information or documents |
| 994 | are not received. |
| 995 | (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.-- |
| 996 | (b)1. Any person who is retired under this chapter, except |
| 997 | under the disability retirement provisions of subsection (4), |
| 998 | may be reemployed by any private or public employer after |
| 999 | retirement and receive retirement benefits and compensation from |
| 1000 | his or her employer without any limitations, except that a |
| 1001 | person may not receive both a salary from reemployment with any |
| 1002 | agency participating in the Florida Retirement System and |
| 1003 | retirement benefits under this chapter for a period of 12 months |
| 1004 | immediately subsequent to the date of retirement. However, a |
| 1005 | DROP participant shall continue employment and receive a salary |
| 1006 | during the period of participation in the Deferred Retirement |
| 1007 | Option Program, as provided in subsection (13). |
| 1008 | 2. Any person to whom the limitation in subparagraph 1. |
| 1009 | applies who violates such reemployment limitation and who is |
| 1010 | reemployed with any agency participating in the Florida |
| 1011 | Retirement System before completion of the 12-month limitation |
| 1012 | period shall give timely notice of this fact in writing to the |
| 1013 | employer and to the division and shall have his or her |
| 1014 | retirement benefits suspended for the balance of the 12-month |
| 1015 | limitation period. Any person employed in violation of this |
| 1016 | paragraph and any employing agency which knowingly employs or |
| 1017 | appoints such person without notifying the Division of |
| 1018 | Retirement to suspend retirement benefits shall be jointly and |
| 1019 | severally liable for reimbursement to the retirement trust fund |
| 1020 | of any benefits paid during the reemployment limitation period. |
| 1021 | To avoid liability, such employing agency shall have a written |
| 1022 | statement from the retiree that he or she is not retired from a |
| 1023 | state-administered retirement system. Any retirement benefits |
| 1024 | received while reemployed during this reemployment limitation |
| 1025 | period shall be repaid to the retirement trust fund, and |
| 1026 | retirement benefits shall remain suspended until such repayment |
| 1027 | has been made. Benefits suspended beyond the reemployment |
| 1028 | limitation shall apply toward repayment of benefits received in |
| 1029 | violation of the reemployment limitation. |
| 1030 | 3. A district school board may reemploy a retired member |
| 1031 | as a substitute or hourly teacher, education paraprofessional, |
| 1032 | transportation assistant, bus driver, or food service worker on |
| 1033 | a noncontractual basis after he or she has been retired for 1 |
| 1034 | calendar month, in accordance with s. 121.021(39). A district |
| 1035 | school board may reemploy a retired member as instructional |
| 1036 | personnel, as defined in s. 1012.01(2)(a), on an annual |
| 1037 | contractual basis after he or she has been retired for 1 |
| 1038 | calendar month, in accordance with s. 121.021(39). Any other |
| 1039 | retired member who is reemployed within 1 calendar month after |
| 1040 | retirement shall void his or her application for retirement |
| 1041 | benefits. District school boards reemploying such teachers, |
| 1042 | education paraprofessionals, transportation assistants, bus |
| 1043 | drivers, or food service workers are subject to the retirement |
| 1044 | contribution required by subparagraph 7. |
| 1045 | 4. A community college board of trustees may reemploy a |
| 1046 | retired member as an adjunct instructor, that is, an instructor |
| 1047 | who is noncontractual and part-time, or as a participant in a |
| 1048 | phased retirement program within the Florida Community College |
| 1049 | System, after he or she has been retired for 1 calendar month, |
| 1050 | in accordance with s. 121.021(39). Any retired member who is |
| 1051 | reemployed within 1 calendar month after retirement shall void |
| 1052 | his or her application for retirement benefits. Boards of |
| 1053 | trustees reemploying such instructors are subject to the |
| 1054 | retirement contribution required in subparagraph 7. A retired |
| 1055 | member may be reemployed as an adjunct instructor for no more |
| 1056 | than 780 hours during the first 12 months of retirement. Any |
| 1057 | retired member reemployed for more than 780 hours during the |
| 1058 | first 12 months of retirement shall give timely notice in |
| 1059 | writing to the employer and to the division of the date he or |
| 1060 | she will exceed the limitation. The division shall suspend his |
| 1061 | or her retirement benefits for the remainder of the first 12 |
| 1062 | months of retirement. Any person employed in violation of this |
| 1063 | subparagraph and any employing agency which knowingly employs or |
| 1064 | appoints such person without notifying the Division of |
| 1065 | Retirement to suspend retirement benefits shall be jointly and |
| 1066 | severally liable for reimbursement to the retirement trust fund |
| 1067 | of any benefits paid during the reemployment limitation period. |
| 1068 | To avoid liability, such employing agency shall have a written |
| 1069 | statement from the retiree that he or she is not retired from a |
| 1070 | state-administered retirement system. Any retirement benefits |
| 1071 | received by a retired member while reemployed in excess of 780 |
| 1072 | hours during the first 12 months of retirement shall be repaid |
| 1073 | to the Retirement System Trust Fund, and retirement benefits |
| 1074 | shall remain suspended until repayment is made. Benefits |
| 1075 | suspended beyond the end of the retired member's first 12 months |
| 1076 | of retirement shall apply toward repayment of benefits received |
| 1077 | in violation of the 780-hour reemployment limitation. |
| 1078 | 5. The State University System may reemploy a retired |
| 1079 | member as an adjunct faculty member or as a participant in a |
| 1080 | phased retirement program within the State University System |
| 1081 | after the retired member has been retired for 1 calendar month, |
| 1082 | in accordance with s. 121.021(39). Any retired member who is |
| 1083 | reemployed within 1 calendar month after retirement shall void |
| 1084 | his or her application for retirement benefits. The State |
| 1085 | University System is subject to the retired contribution |
| 1086 | required in subparagraph 7., as appropriate. A retired member |
| 1087 | may be reemployed as an adjunct faculty member or a participant |
| 1088 | in a phased retirement program for no more than 780 hours during |
| 1089 | the first 12 months of his or her retirement. Any retired member |
| 1090 | reemployed for more than 780 hours during the first 12 months of |
| 1091 | retirement shall give timely notice in writing to the employer |
| 1092 | and to the division of the date he or she will exceed the |
| 1093 | limitation. The division shall suspend his or her retirement |
| 1094 | benefits for the remainder of the first 12 months of retirement. |
| 1095 | Any person employed in violation of this subparagraph and any |
| 1096 | employing agency which knowingly employs or appoints such person |
| 1097 | without notifying the Division of Retirement to suspend |
| 1098 | retirement benefits shall be jointly and severally liable for |
| 1099 | reimbursement to the retirement trust fund of any benefits paid |
| 1100 | during the reemployment limitation period. To avoid liability, |
| 1101 | such employing agency shall have a written statement from the |
| 1102 | retiree that he or she is not retired from a state-administered |
| 1103 | retirement system. Any retirement benefits received by a retired |
| 1104 | member while reemployed in excess of 780 hours during the first |
| 1105 | 12 months of retirement shall be repaid to the Retirement System |
| 1106 | Trust Fund, and retirement benefits shall remain suspended until |
| 1107 | repayment is made. Benefits suspended beyond the end of the |
| 1108 | retired member's first 12 months of retirement shall apply |
| 1109 | toward repayment of benefits received in violation of the 780- |
| 1110 | hour reemployment limitation. |
| 1111 | 6. The Board of Trustees of the Florida School for the |
| 1112 | Deaf and the Blind may reemploy a retired member as a substitute |
| 1113 | teacher, substitute residential instructor, or substitute nurse |
| 1114 | on a noncontractual basis after he or she has been retired for 1 |
| 1115 | calendar month, in accordance with s. 121.021(39). Any retired |
| 1116 | member who is reemployed within 1 calendar month after |
| 1117 | retirement shall void his or her application for retirement |
| 1118 | benefits. The Board of Trustees of the Florida School for the |
| 1119 | Deaf and the Blind reemploying such teachers, residential |
| 1120 | instructors, or nurses is subject to the retirement contribution |
| 1121 | required by subparagraph 7. Reemployment of a retired member as |
| 1122 | a substitute teacher, substitute residential instructor, or |
| 1123 | substitute nurse is limited to 780 hours during the first 12 |
| 1124 | months of his or her retirement. Any retired member reemployed |
| 1125 | for more than 780 hours during the first 12 months of retirement |
| 1126 | shall give timely notice in writing to the employer and to the |
| 1127 | division of the date he or she will exceed the limitation. The |
| 1128 | division shall suspend his or her retirement benefits for the |
| 1129 | remainder of the first 12 months of retirement. Any person |
| 1130 | employed in violation of this subparagraph and any employing |
| 1131 | agency which knowingly employs or appoints such person without |
| 1132 | notifying the Division of Retirement to suspend retirement |
| 1133 | benefits shall be jointly and severally liable for reimbursement |
| 1134 | to the retirement trust fund of any benefits paid during the |
| 1135 | reemployment limitation period. To avoid liability, such |
| 1136 | employing agency shall have a written statement from the retiree |
| 1137 | that he or she is not retired from a state-administered |
| 1138 | retirement system. Any retirement benefits received by a retired |
| 1139 | member while reemployed in excess of 780 hours during the first |
| 1140 | 12 months of retirement shall be repaid to the Retirement System |
| 1141 | Trust Fund, and his or her retirement benefits shall remain |
| 1142 | suspended until payment is made. Benefits suspended beyond the |
| 1143 | end of the retired member's first 12 months of retirement shall |
| 1144 | apply toward repayment of benefits received in violation of the |
| 1145 | 780-hour reemployment limitation. |
| 1146 | 7. The employment by an employer of any retiree or DROP |
| 1147 | participant of any state-administered retirement system shall |
| 1148 | have no effect on the average final compensation or years of |
| 1149 | creditable service of the retiree or DROP participant. Prior to |
| 1150 | July 1, 1991, upon employment of any person, other than an |
| 1151 | elected officer as provided in s. 121.053, who has been retired |
| 1152 | under any state-administered retirement program, the employer |
| 1153 | shall pay retirement contributions in an amount equal to the |
| 1154 | unfunded actuarial liability portion of the employer |
| 1155 | contribution which would be required for regular members of the |
| 1156 | Florida Retirement System. Effective July 1, 1991, contributions |
| 1157 | shall be made as provided in s. 121.122 for retirees with |
| 1158 | renewed membership or subsection (13) with respect to DROP |
| 1159 | participants. |
| 1160 | 8. Any person who has previously retired and who is |
| 1161 | holding an elective public office or an appointment to an |
| 1162 | elective public office eligible for the Elected Officers' Class |
| 1163 | on or after July 1, 1990, shall be enrolled in the Florida |
| 1164 | Retirement System as provided in s. 121.053(1)(b) or, if holding |
| 1165 | an elective public office that does not qualify for the Elected |
| 1166 | Officers' Class on or after July 1, 1991, shall be enrolled in |
| 1167 | the Florida Retirement System as provided in s. 121.122, and |
| 1168 | shall continue to receive retirement benefits as well as |
| 1169 | compensation for the elected officer's service for as long as he |
| 1170 | or she remains in elective office. However, any retired member |
| 1171 | who served in an elective office prior to July 1, 1990, |
| 1172 | suspended his or her retirement benefit, and had his or her |
| 1173 | Florida Retirement System membership reinstated shall, upon |
| 1174 | retirement from such office, have his or her retirement benefit |
| 1175 | recalculated to include the additional service and compensation |
| 1176 | earned. |
| 1177 | 9. Any person who is holding an elective public office |
| 1178 | which is covered by the Florida Retirement System and who is |
| 1179 | concurrently employed in nonelected covered employment may elect |
| 1180 | to retire while continuing employment in the elective public |
| 1181 | office, provided that he or she shall be required to terminate |
| 1182 | his or her nonelected covered employment. Any person who |
| 1183 | exercises this election shall receive his or her retirement |
| 1184 | benefits in addition to the compensation of the elective office |
| 1185 | without regard to the time limitations otherwise provided in |
| 1186 | this subsection. No person who seeks to exercise the provisions |
| 1187 | of this subparagraph, as the same existed prior to May 3, 1984, |
| 1188 | shall be deemed to be retired under those provisions, unless |
| 1189 | such person is eligible to retire under the provisions of this |
| 1190 | subparagraph, as amended by chapter 84-11, Laws of Florida. |
| 1191 | 10. The limitations of this paragraph apply to |
| 1192 | reemployment in any capacity with an "employer" as defined in s. |
| 1193 | 121.021(10), irrespective of the category of funds from which |
| 1194 | the person is compensated. |
| 1195 | 11. An employing agency may reemploy a retired member as a |
| 1196 | firefighter or paramedic after the retired member has been |
| 1197 | retired for 1 calendar month, in accordance with s. 121.021(39). |
| 1198 | Any retired member who is reemployed within 1 calendar month |
| 1199 | after retirement shall void his or her application for |
| 1200 | retirement benefits. The employing agency reemploying such |
| 1201 | firefighter or paramedic is subject to the retired contribution |
| 1202 | required in subparagraph 8. Reemployment of a retired |
| 1203 | firefighter or paramedic is limited to no more than 780 hours |
| 1204 | during the first 12 months of his or her retirement. Any retired |
| 1205 | member reemployed for more than 780 hours during the first 12 |
| 1206 | months of retirement shall give timely notice in writing to the |
| 1207 | employer and to the division of the date he or she will exceed |
| 1208 | the limitation. The division shall suspend his or her retirement |
| 1209 | benefits for the remainder of the first 12 months of retirement. |
| 1210 | Any person employed in violation of this subparagraph and any |
| 1211 | employing agency which knowingly employs or appoints such person |
| 1212 | without notifying the Division of Retirement to suspend |
| 1213 | retirement benefits shall be jointly and severally liable for |
| 1214 | reimbursement to the Retirement System Trust Fund of any |
| 1215 | benefits paid during the reemployment limitation period. To |
| 1216 | avoid liability, such employing agency shall have a written |
| 1217 | statement from the retiree that he or she is not retired from a |
| 1218 | state-administered retirement system. Any retirement benefits |
| 1219 | received by a retired member while reemployed in excess of 780 |
| 1220 | hours during the first 12 months of retirement shall be repaid |
| 1221 | to the Retirement System Trust Fund, and retirement benefits |
| 1222 | shall remain suspended until repayment is made. Benefits |
| 1223 | suspended beyond the end of the retired member's first 12 months |
| 1224 | of retirement shall apply toward repayment of benefits received |
| 1225 | in violation of the 780-hour reemployment limitation. |
| 1226 | (13) DEFERRED RETIREMENT OPTION PROGRAM.--In general, and |
| 1227 | subject to the provisions of this section, the Deferred |
| 1228 | Retirement Option Program, hereinafter referred to as the DROP, |
| 1229 | is a program under which an eligible member of the Florida |
| 1230 | Retirement System may elect to participate, deferring receipt of |
| 1231 | retirement benefits while continuing employment with his or her |
| 1232 | Florida Retirement System employer. The deferred monthly |
| 1233 | benefits shall accrue in the System Trust Fund on behalf of the |
| 1234 | participant, plus interest compounded monthly, for the specified |
| 1235 | period of the DROP participation, as provided in paragraph (c). |
| 1236 | Upon termination of employment, the participant shall receive |
| 1237 | the total DROP benefits and begin to receive the previously |
| 1238 | determined normal retirement benefits. Participation in the DROP |
| 1239 | does not guarantee employment for the specified period of DROP. |
| 1240 | Participation in the DROP by an eligible member beyond the |
| 1241 | initial 60-month period as authorized in this subsection shall |
| 1242 | be on an annual contractual basis for all participants. |
| 1243 | (a) Eligibility of member to participate in the DROP.--All |
| 1244 | active Florida Retirement System members in a regularly |
| 1245 | established position, and all active members of either the |
| 1246 | Teachers' Retirement System established in chapter 238 or the |
| 1247 | State and County Officers' and Employees' Retirement System |
| 1248 | established in chapter 122 which systems are consolidated within |
| 1249 | the Florida Retirement System under s. 121.011, are eligible to |
| 1250 | elect participation in the DROP provided that: |
| 1251 | 1. The member is not a renewed member of the Florida |
| 1252 | Retirement System under s. 121.122, or a member of the State |
| 1253 | Community College System Optional Retirement Program under s. |
| 1254 | 121.051, the Senior Management Service Optional Annuity Program |
| 1255 | under s. 121.055, or the optional retirement program for the |
| 1256 | State University System under s. 121.35. |
| 1257 | 2. Except as provided in subparagraph 6., election to |
| 1258 | participate is made within 12 months immediately following the |
| 1259 | date on which the member first reaches normal retirement date, |
| 1260 | or, for a member who reaches normal retirement date based on |
| 1261 | service before he or she reaches age 62, or age 55 for Special |
| 1262 | Risk Class members, election to participate may be deferred to |
| 1263 | the 12 months immediately following the date the member attains |
| 1264 | 57, or age 52 for Special Risk Class members. For a member who |
| 1265 | first reached normal retirement date or the deferred eligibility |
| 1266 | date described above prior to the effective date of this |
| 1267 | section, election to participate shall be made within 12 months |
| 1268 | after the effective date of this section. A member who fails to |
| 1269 | make an election within such 12-month limitation period shall |
| 1270 | forfeit all rights to participate in the DROP. The member shall |
| 1271 | advise his or her employer and the division in writing of the |
| 1272 | date on which the DROP shall begin. Such beginning date may be |
| 1273 | subsequent to the 12-month election period, but must be within |
| 1274 | the 60-month or, with respect to members who are instructional |
| 1275 | personnel employed by the Florida School for the Deaf and the |
| 1276 | Blind and who have received authorization by the Board of |
| 1277 | Trustees of the Florida School for the Deaf and the Blind to |
| 1278 | participate in the DROP beyond 60 months, or who are |
| 1279 | instructional personnel as defined in s. 1012.01(2)(a)-(d) in |
| 1280 | grades K-12 and who have received authorization by the district |
| 1281 | school superintendent or, effective June 1, 2004, by the |
| 1282 | director or principal of a developmental research school as |
| 1283 | described in s. 1002.32 to participate in the DROP beyond 60 |
| 1284 | months, the 96-month limitation period as provided in |
| 1285 | subparagraph (b)1. When establishing eligibility of the member |
| 1286 | to participate in the DROP for the 60-month or, with respect to |
| 1287 | members who are instructional personnel employed by the Florida |
| 1288 | School for the Deaf and the Blind and who have received |
| 1289 | authorization by the Board of Trustees of the Florida School for |
| 1290 | the Deaf and the Blind to participate in the DROP beyond 60 |
| 1291 | months, or who are instructional personnel as defined in s. |
| 1292 | 1012.01(2)(a)-(d) in grades K-12 and who have received |
| 1293 | authorization by the district school superintendent or, |
| 1294 | effective June 1, 2004, by the director or principal of a |
| 1295 | developmental research school as described in s. 1002.32 to |
| 1296 | participate in the DROP beyond 60 months, the 96-month maximum |
| 1297 | participation period, the member may elect to include or exclude |
| 1298 | any optional service credit purchased by the member from the |
| 1299 | total service used to establish the normal retirement date. A |
| 1300 | member with dual normal retirement dates shall be eligible to |
| 1301 | elect to participate in DROP within 12 months after attaining |
| 1302 | normal retirement date in either class. |
| 1303 | 3. The employer of a member electing to participate in the |
| 1304 | DROP, or employers if dually employed, shall acknowledge in |
| 1305 | writing to the division the date the member's participation in |
| 1306 | the DROP begins and the date the member's employment and DROP |
| 1307 | participation will terminate. |
| 1308 | 4. Simultaneous employment of a participant by additional |
| 1309 | Florida Retirement System employers subsequent to the |
| 1310 | commencement of participation in the DROP shall be permissible |
| 1311 | provided such employers acknowledge in writing a DROP |
| 1312 | termination date no later than the participant's existing |
| 1313 | termination date or the 60-month limitation period as provided |
| 1314 | in subparagraph (b)1. |
| 1315 | 5. A DROP participant may change employers while |
| 1316 | participating in the DROP, subject to the following: |
| 1317 | a. A change of employment must take place without a break |
| 1318 | in service so that the member receives salary for each month of |
| 1319 | continuous DROP participation. If a member receives no salary |
| 1320 | during a month, DROP participation shall cease unless the |
| 1321 | employer verifies a continuation of the employment relationship |
| 1322 | for such participant pursuant to s. 121.021(39)(b). |
| 1323 | b. Such participant and new employer shall notify the |
| 1324 | division on forms required by the division as to the identity of |
| 1325 | the new employer. |
| 1326 | c. The new employer shall acknowledge, in writing, the |
| 1327 | participant's DROP termination date, which may be extended but |
| 1328 | not beyond the original 60-month or, with respect to members who |
| 1329 | are instructional personnel employed by the Florida School for |
| 1330 | the Deaf and the Blind and who have received authorization by |
| 1331 | the Board of Trustees of the Florida School for the Deaf and the |
| 1332 | Blind to participate in the DROP beyond 60 months, or who are |
| 1333 | instructional personnel as defined in s. 1012.01(2)(a)-(d) in |
| 1334 | grades K-12 and who have received authorization by the district |
| 1335 | school superintendent or, effective June 1, 2004, by the |
| 1336 | director or principal of a developmental research school as |
| 1337 | described in s. 1002.32 to participate in the DROP beyond 60 |
| 1338 | months, the 96-month period provided in subparagraph (b)1., |
| 1339 | shall acknowledge liability for any additional retirement |
| 1340 | contributions and interest required if the participant fails to |
| 1341 | timely terminate employment, and shall be subject to the |
| 1342 | adjustment required in sub-subparagraph (c)5.d. |
| 1343 | 6. Effective July 1, 2001, for instructional personnel as |
| 1344 | defined in s. 1012.01(2), election to participate in the DROP |
| 1345 | shall be made at any time following the date on which the member |
| 1346 | first reaches normal retirement date. The member shall advise |
| 1347 | his or her employer and the division in writing of the date on |
| 1348 | which the Deferred Retirement Option Program shall begin. When |
| 1349 | establishing eligibility of the member to participate in the |
| 1350 | DROP for the 60-month or, with respect to members who are |
| 1351 | instructional personnel employed by the Florida School for the |
| 1352 | Deaf and the Blind and who have received authorization by the |
| 1353 | Board of Trustees of the Florida School for the Deaf and the |
| 1354 | Blind to participate in the DROP beyond 60 months, or who are |
| 1355 | instructional personnel as defined in s. 1012.01(2)(a)-(d) in |
| 1356 | grades K-12 and who have received authorization by the district |
| 1357 | school superintendent or, effective June 1, 2004, by the |
| 1358 | director or principal of a developmental research school as |
| 1359 | described in s. 1002.32 to participate in the DROP beyond 60 |
| 1360 | months, the 96-month maximum participation period, as provided |
| 1361 | in subparagraph (b)1., the member may elect to include or |
| 1362 | exclude any optional service credit purchased by the member from |
| 1363 | the total service used to establish the normal retirement date. |
| 1364 | A member with dual normal retirement dates shall be eligible to |
| 1365 | elect to participate in either class. |
| 1366 | (b) Participation in the DROP.-- |
| 1367 | 1. An eligible member may elect to participate in the DROP |
| 1368 | for a period not to exceed a maximum of 60 calendar months or, |
| 1369 | with respect to members who are instructional personnel employed |
| 1370 | by the Florida School for the Deaf and the Blind and who have |
| 1371 | received authorization by the Board of Trustees of the Florida |
| 1372 | School for the Deaf and the Blind to participate in the DROP |
| 1373 | beyond 60 months, or who are instructional personnel as defined |
| 1374 | in s. 1012.01(2)(a)-(d) in grades K-12 and who have received |
| 1375 | authorization by the district school superintendent or, |
| 1376 | effective June 1, 2004, by the director or principal of a |
| 1377 | developmental research school as described in s. 1002.32 to |
| 1378 | participate in the DROP beyond 60 calendar months, 96 calendar |
| 1379 | months immediately following the date on which the member first |
| 1380 | reaches his or her normal retirement date or the date to which |
| 1381 | he or she is eligible to defer his or her election to |
| 1382 | participate as provided in subparagraph (a)2. However, a member |
| 1383 | who has reached normal retirement date prior to the effective |
| 1384 | date of the DROP shall be eligible to participate in the DROP |
| 1385 | for a period of time not to exceed 60 calendar months or, with |
| 1386 | respect to members who are instructional personnel employed by |
| 1387 | the Florida School for the Deaf and the Blind and who have |
| 1388 | received authorization by the Board of Trustees of the Florida |
| 1389 | School for the Deaf and the Blind to participate in the DROP |
| 1390 | beyond 60 months, or who are instructional personnel as defined |
| 1391 | in s. 1012.01(2)(a)-(d) in grades K-12 and who have received |
| 1392 | authorization by the district school superintendent or, |
| 1393 | effective June 1, 2004, by the director or principal of a |
| 1394 | developmental research school as described in s. 1002.32 to |
| 1395 | participate in the DROP beyond 60 calendar months, 96 calendar |
| 1396 | months immediately following the effective date of the DROP, |
| 1397 | except a member of the Special Risk Class who has reached normal |
| 1398 | retirement date prior to the effective date of the DROP and |
| 1399 | whose total accrued value exceeds 75 percent of average final |
| 1400 | compensation as of his or her effective date of retirement shall |
| 1401 | be eligible to participate in the DROP for no more than 36 |
| 1402 | calendar months immediately following the effective date of the |
| 1403 | DROP. |
| 1404 | 2. Upon deciding to participate in the DROP, the member |
| 1405 | shall submit, on forms required by the division: |
| 1406 | a. A written election to participate in the DROP; |
| 1407 | b. Selection of the DROP participation and termination |
| 1408 | dates, which satisfy the limitations stated in paragraph (a) and |
| 1409 | subparagraph 1. Such termination date shall be in a binding |
| 1410 | letter of resignation with the employer, establishing a deferred |
| 1411 | termination date. The member may change the termination date |
| 1412 | within the limitations of subparagraph 1., but only with the |
| 1413 | written approval of his or her employer; |
| 1414 | c. A properly completed DROP application for service |
| 1415 | retirement as provided in this section; and |
| 1416 | d. Any other information required by the division. |
| 1417 | 3. The DROP participant shall be a retiree under the |
| 1418 | Florida Retirement System for all purposes, except for paragraph |
| 1419 | (5)(f) and subsection (9) and ss. 112.3173, 112.363, 121.053, |
| 1420 | and 121.122. However, participation in the DROP does not alter |
| 1421 | the participant's employment status and such employee shall not |
| 1422 | be deemed retired from employment until his or her deferred |
| 1423 | resignation is effective and termination occurs as provided in |
| 1424 | s. 121.021(39). |
| 1425 | 4. Elected officers shall be eligible to participate in |
| 1426 | the DROP subject to the following: |
| 1427 | a. An elected officer who reaches normal retirement date |
| 1428 | during a term of office may defer the election to participate in |
| 1429 | the DROP until the next succeeding term in that office. Such |
| 1430 | elected officer who exercises this option may participate in the |
| 1431 | DROP for up to 60 calendar months or a period of no longer than |
| 1432 | such succeeding term of office, whichever is less. |
| 1433 | b. An elected or a nonelected participant may run for a |
| 1434 | term of office while participating in DROP and, if elected, |
| 1435 | extend the DROP termination date accordingly, except, however, |
| 1436 | if such additional term of office exceeds the 60-month |
| 1437 | limitation established in subparagraph 1., and the officer does |
| 1438 | not resign from office within such 60-month limitation, the |
| 1439 | retirement and the participant's DROP shall be null and void as |
| 1440 | provided in sub-subparagraph (c)5.d. |
| 1441 | c. An elected officer who is dually employed and elects to |
| 1442 | participate in DROP shall be required to satisfy the definition |
| 1443 | of termination within the 60-month or, with respect to members |
| 1444 | who are instructional personnel employed by the Florida School |
| 1445 | for the Deaf and the Blind and who have received authorization |
| 1446 | by the Board of Trustees of the Florida School for the Deaf and |
| 1447 | the Blind to participate in the DROP beyond 60 months, or who |
| 1448 | are instructional personnel as defined in s. 1012.01(2)(a)-(d) |
| 1449 | in grades K-12 and who have received authorization by the |
| 1450 | district school superintendent or, effective June 1, 2004, by |
| 1451 | the director or principal of a developmental research school as |
| 1452 | described in s. 1002.32 to participate in the DROP beyond 60 |
| 1453 | months, the 96-month limitation period as provided in |
| 1454 | subparagraph 1. for the nonelected position and may continue |
| 1455 | employment as an elected officer as provided in s. 121.053. The |
| 1456 | elected officer will be enrolled as a renewed member in the |
| 1457 | Elected Officers' Class or the Regular Class, as provided in ss. |
| 1458 | 121.053 and 121.22, on the first day of the month after |
| 1459 | termination of employment in the nonelected position and |
| 1460 | termination of DROP. Distribution of the DROP benefits shall be |
| 1461 | made as provided in paragraph (c). |
| 1462 | Section 19. For the purpose of incorporating the amendment |
| 1463 | to section 1012.01(2), Florida Statutes, in a reference thereto, |
| 1464 | paragraph (b) of subsection (2) of section 1011.685, Florida |
| 1465 | Statutes, is reenacted to read: |
| 1466 | 1011.685 Class size reduction; operating categorical |
| 1467 | fund.-- |
| 1468 | (2) Class size reduction operating categorical funds shall |
| 1469 | be used by school districts for the following: |
| 1470 | (b) For any lawful operating expenditure, if the district |
| 1471 | has met the constitutional maximums identified in s. 1003.03(1) |
| 1472 | or the reduction of two students per year required by s. |
| 1473 | 1003.03(2); however, priority shall be given to increase |
| 1474 | salaries of classroom teachers as defined in s. 1012.01(2)(a) |
| 1475 | and to implement the salary career ladder defined in s. |
| 1476 | 1012.231. |
| 1477 | Section 20. For the purpose of incorporating the amendment |
| 1478 | to section 1012.01(2), Florida Statutes, in references thereto, |
| 1479 | paragraphs (a) and (b) of subsection (2) of section 1012.74, |
| 1480 | Florida Statutes, are reenacted to read: |
| 1481 | 1012.74 Florida educators professional liability insurance |
| 1482 | protection.-- |
| 1483 | (2)(a) Educator professional liability coverage for all |
| 1484 | instructional personnel, as defined by s. 1012.01(2), who are |
| 1485 | full-time personnel, as defined by the district school board |
| 1486 | policy, shall be provided by specific appropriations under the |
| 1487 | General Appropriations Act. |
| 1488 | (b) Educator professional liability coverage shall be |
| 1489 | extended at cost to all instructional personnel, as defined by |
| 1490 | s. 1012.01(2), who are part-time personnel, as defined by the |
| 1491 | district school board policy, and choose to participate in the |
| 1492 | state-provided program. |
| 1493 | Section 21. This act shall take effect upon becoming a |
| 1494 | law. |
| 1495 |
|
| 1496 | ================= T I T L E A M E N D M E N T ================= |
| 1497 | Remove the entire title and insert: |
| 1498 | A bill to be entitled |
| 1499 | An act relating to quality of school personnel; amending |
| 1500 | s. 1004.04, F.S.; revising criteria for admission to |
| 1501 | teacher preparation programs; requiring a certification |
| 1502 | ombudsman; authorizing certain postsecondary institutions |
| 1503 | to develop and implement short-term teaching experiences; |
| 1504 | creating s. 1004.85, F.S.; providing a definition; |
| 1505 | providing for postsecondary institutions to create |
| 1506 | educator preparation institutes; providing purpose of the |
| 1507 | institutes; authorizing institutes to offer alternative |
| 1508 | educator certification programs; requiring Department of |
| 1509 | Education response to a request for approval; providing |
| 1510 | criteria for alternative certification programs; providing |
| 1511 | requirements for program participants; providing for |
| 1512 | participants to receive a credential signifying mastery of |
| 1513 | professional preparation and education competence; |
| 1514 | authorizing school districts to use an alternative |
| 1515 | certification program at an educator preparation institute |
| 1516 | to satisfy certain requirements; requiring performance |
| 1517 | evaluations; requiring certain criteria for instructors; |
| 1518 | providing rulemaking authority; amending s. 1012.05, F.S.; |
| 1519 | requiring the department to concentrate on retention of |
| 1520 | teachers; requiring the department to provide certain |
| 1521 | resources for teachers and to establish an Educator |
| 1522 | Appreciation Week; requiring the department to notify |
| 1523 | teachers of items in the General Appropriations Act |
| 1524 | providing direct benefit to teachers; requiring district |
| 1525 | school boards to adopt policies for mentors and support |
| 1526 | for first-time teachers; requiring school districts to |
| 1527 | electronically submit certain public school e-mail |
| 1528 | addresses; providing duties of the Commissioner of |
| 1529 | Education; amending s. 1012.231, F.S.; authorizing a |
| 1530 | salary career ladder for certain classifications of |
| 1531 | instructional personnel; providing criteria for certain |
| 1532 | lead teachers; reenacting s. 1012.231(1), F.S., relating |
| 1533 | to the salary career ladder, to incorporate the amendment |
| 1534 | to s. 1012.01(2), F.S., in a reference thereto; amending |
| 1535 | s. 1012.32, F.S.; requiring background screening for |
| 1536 | contractual personnel, charter school personnel, and |
| 1537 | certain instructional and noninstructional personnel; |
| 1538 | deleting provision for probationary status for new |
| 1539 | employees pending fingerprint processing; prohibiting |
| 1540 | certain persons from providing services; providing for |
| 1541 | appeals; providing for payment of costs; deleting a |
| 1542 | refingerprinting requirement; requiring the Department of |
| 1543 | Law Enforcement to retain and enter fingerprints into the |
| 1544 | statewide automated fingerprint identification system; |
| 1545 | requiring the Department of Law Enforcement to search |
| 1546 | arrest fingerprint cards against retained fingerprints and |
| 1547 | to report identified arrest records; providing school |
| 1548 | district responsibilities and the imposition of a fee; |
| 1549 | requiring refingerprinting for personnel whose |
| 1550 | fingerprints are not retained; amending s. 1012.33, F.S.; |
| 1551 | revising provisions relating to acceptance of teaching |
| 1552 | service; amending s. 1012.35, F.S.; requiring background |
| 1553 | screening and additional requirements for substitute |
| 1554 | teachers; requiring the department to develop certain |
| 1555 | resources and school districts to develop performance |
| 1556 | appraisal measures; amending s. 1012.39, F.S.; requiring |
| 1557 | background screening and qualifications for substitute |
| 1558 | teachers; requiring background screening for teachers in |
| 1559 | adult education programs and nondegreed teachers of career |
| 1560 | and technical programs; creating s. 1012.465, F.S.; |
| 1561 | requiring background screening for certain |
| 1562 | noninstructional personnel and contractors with the school |
| 1563 | district; requiring such persons to report conviction of a |
| 1564 | disqualifying offense; providing for suspension of |
| 1565 | personnel who do not meet screening requirements; amending |
| 1566 | s. 1012.55, F.S.; providing department duties relating to |
| 1567 | identification of appropriate certification for certain |
| 1568 | instruction; requiring background screening for certain |
| 1569 | instructors; amending s. 1012.56, F.S.; clarifying |
| 1570 | required response of the department to applicants for |
| 1571 | certification; revising eligibility criteria for |
| 1572 | certification applicants; requiring an affidavit for |
| 1573 | educator certification; requiring background screening for |
| 1574 | educator certification; revising means of demonstrating |
| 1575 | mastery of general knowledge, subject area knowledge, and |
| 1576 | professional preparation and education competence; |
| 1577 | providing background screening requirements; requiring |
| 1578 | persons to report conviction of a disqualifying offense; |
| 1579 | providing for suspension from position and revocation or |
| 1580 | suspension of certification; creating s. 1012.561, F.S.; |
| 1581 | providing requirements relating to notification of the |
| 1582 | address of record of a certified educator or applicant for |
| 1583 | certification; amending s. 1012.57, F.S.; requiring |
| 1584 | background screening for adjunct educators; amending s. |
| 1585 | 1012.585, F.S.; providing requirements for training in the |
| 1586 | teaching of reading for renewal of a professional |
| 1587 | certificate; amending s. 1002.33, F.S.; requiring |
| 1588 | background screening for employees and members of the |
| 1589 | governing boards of charter schools; amending s. 1012.01, |
| 1590 | F.S.; revising definition of the term "instructional |
| 1591 | personnel"; reenacting s. 112.1915(1)(b), F.S., relating |
| 1592 | to death benefits for teachers, to incorporate the |
| 1593 | amendment to s. 1012.01(2), F.S., in a reference thereto; |
| 1594 | amending s. 121.091, F.S.; authorizing the director or |
| 1595 | principal of a developmental research school to authorize |
| 1596 | instructional personnel to participate in the DROP; |
| 1597 | reenacting s. 121.091(9)(b), F.S., relating to Florida |
| 1598 | Retirement System benefits, s. 1011.685(2)(b), F.S., |
| 1599 | relating to class size reduction operating categorical |
| 1600 | funds, and s. 1012.74(2)(a) and (b), F.S., relating to |
| 1601 | educator professional liability coverage, to incorporate |
| 1602 | the amendment to s. 1012.01(2), F.S., in references |
| 1603 | thereto; providing an effective date. |