| 1 | A bill to be entitled |
| 2 | An act relating to the Florida Teachers Lead Program; |
| 3 | amending s. 1012.71, F.S.; revising requirements for use |
| 4 | of program funds by classroom teachers; providing for |
| 5 | disbursement of funds to school districts; specifying |
| 6 | means for providing a classroom teacher with his or her |
| 7 | proportionate share of program funds and providing that |
| 8 | funds received are not subject to collective bargaining; |
| 9 | providing for retroactive effect; providing requirements |
| 10 | for accounting of expenditures; providing an effective |
| 11 | date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Section 1012.71, Florida Statutes, is amended |
| 16 | to read: |
| 17 | (Substantial rewording of section. See |
| 18 | s. 1012.71, F.S., for present text.) |
| 19 | 1012.71 The Florida Teachers Lead Program.-- |
| 20 | (1) For purposes of the Florida Teachers Lead Program, the |
| 21 | term "classroom teacher" means a certified teacher employed by a |
| 22 | public school district or a public charter school in that |
| 23 | district on or before September 1 of each year whose full-time |
| 24 | or job-share responsibility is the classroom instruction of |
| 25 | students in prekindergarten through grade 12, including full- |
| 26 | time media specialists and guidance counselors serving students |
| 27 | in prekindergarten through grade 12, who are funded through the |
| 28 | Florida Education Finance Program. A "job-share" classroom |
| 29 | teacher is one of two teachers whose combined full-time |
| 30 | equivalent employment for the same teaching assignment equals |
| 31 | one full-time classroom teacher. |
| 32 | (2) The Legislature, in the General Appropriations Act, |
| 33 | shall determine funding for the Florida Teachers Lead Program. |
| 34 | The funds appropriated are for classroom teachers to purchase, |
| 35 | on behalf of the school district or charter school, classroom |
| 36 | materials and supplies for the public school students assigned |
| 37 | to them and may not be used to purchase equipment. The funds |
| 38 | appropriated shall be used to supplement the materials and |
| 39 | supplies otherwise available to classroom teachers. From the |
| 40 | funds appropriated for the Florida Teachers Lead Program, the |
| 41 | Commissioner of Education shall calculate an amount for each |
| 42 | school district based upon each school district's proportionate |
| 43 | share of the state's total unweighted FTE student enrollment and |
| 44 | shall disburse the funds to the school districts by July 15. |
| 45 | (3) From the funds allocated to each school district for |
| 46 | the Florida Teachers Lead Program, the district school board |
| 47 | shall calculate an identical amount for each classroom teacher, |
| 48 | which is that teacher's proportionate share of the total amount |
| 49 | allocated to the district. A job-share classroom teacher may |
| 50 | receive a prorated share of the amount provided to a full-time |
| 51 | classroom teacher. The district school board and each charter |
| 52 | school board shall provide each classroom teacher with his or |
| 53 | her total proportionate share by September 30 of each year by |
| 54 | any means determined appropriate by the district school board or |
| 55 | charter school board, including, but not limited to, direct |
| 56 | deposit, check, debit card, or purchasing card, notwithstanding |
| 57 | any law to the contrary. Expenditures under the program are not |
| 58 | subject to state or local competitive bidding requirements. |
| 59 | Funds received by a classroom teacher do not affect wages, |
| 60 | hours, or terms and conditions of employment and, therefore, are |
| 61 | not subject to collective bargaining. Any classroom teacher may |
| 62 | decline receipt of or return the funds without explanation or |
| 63 | cause. This subsection shall apply retroactively to July 1, |
| 64 | 2007. |
| 65 | (4) Each classroom teacher must sign a statement |
| 66 | acknowledging receipt of the funds, keep receipts for no less |
| 67 | than 4 years to show that funds expended meet the requirements |
| 68 | of this section, and return any unused funds to the district |
| 69 | school board at the end of the regular school year. Any unused |
| 70 | funds that are returned to the district school board shall be |
| 71 | deposited into the school advisory council account of the school |
| 72 | at which the classroom teacher returning the funds was employed |
| 73 | when that teacher received the funds or deposited into the |
| 74 | Florida Teachers Lead Program account of the school district in |
| 75 | which a charter school is sponsored, as applicable. |
| 76 | (5) The statement must be signed and dated by each |
| 77 | classroom teacher before receipt of the Florida Teachers Lead |
| 78 | Program funds and shall include the wording: "I, (name of |
| 79 | teacher) , am employed by the County District School |
| 80 | Board or by the Charter School as a full-time classroom |
| 81 | teacher. I acknowledge that Florida Teachers Lead Program funds |
| 82 | are appropriated by the Legislature for the sole purpose of |
| 83 | purchasing classroom materials and supplies to be used in the |
| 84 | instruction of students assigned to me. In accepting custody of |
| 85 | these funds, I agree to keep the receipts for all expenditures |
| 86 | for no less than 4 years. I understand that if I do not keep the |
| 87 | receipts, it will be my personal responsibility to pay any |
| 88 | federal taxes due on these funds. I also agree to return any |
| 89 | unexpended funds to the district school board at the end of the |
| 90 | regular school year for deposit into the school advisory council |
| 91 | account of the school where I was employed at the time I |
| 92 | received the funds or for deposit into the Florida Teachers Lead |
| 93 | Program account of the school district in which the charter |
| 94 | school is sponsored, as applicable." |
| 95 | Section 2. This act shall take effect upon becoming a law. |