Florida Senate - 2023 SENATOR AMENDMENT
Bill No. CS for HB 1035
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LEGISLATIVE ACTION
Senate . House
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Senator Calatayud moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. By December 31, 2023, the Commissioner of
6 Education shall:
7 (1) Conduct a thorough and comprehensive review of all
8 classroom teacher training requirements in federal and state law
9 or rule and district policy.
10 (2) Assess all classroom teacher training requirements and
11 identify any duplicate federal and state training requirements.
12 (3) Evaluate any potential negative impacts of eliminating
13 certain classroom teacher training requirements in state law or
14 rule or district policy.
15 (4) Review all available literature related to
16 comprehensive reviews of classroom teacher training requirements
17 in other states.
18 (5) Eliminate any classroom teacher training requirements
19 not required by federal or state law.
20 (6) Provide recommendations to the Legislature for
21 eliminating classroom teacher training requirements in state law
22 or rule or district policy.
23 Section 2. Paragraph (e) of subsection (4) of section
24 1001.20, Florida Statutes, is amended to read:
25 1001.20 Department under direction of state board.—
26 (4) The Department of Education shall establish the
27 following offices within the Office of the Commissioner of
28 Education which shall coordinate their activities with all other
29 divisions and offices:
30 (e) Office of Inspector General.—Organized using existing
31 resources and funds and responsible for promoting
32 accountability, efficiency, and effectiveness and detecting
33 fraud and abuse within school districts, the Florida School for
34 the Deaf and the Blind, and Florida College System institutions
35 in Florida. If the Commissioner of Education determines that a
36 district school board, the Board of Trustees for the Florida
37 School for the Deaf and the Blind, or a Florida College System
38 institution board of trustees is unwilling or unable to address
39 substantiated allegations made by any person relating to waste,
40 fraud, or financial mismanagement within the school district,
41 the Florida School for the Deaf and the Blind, or the Florida
42 College System institution, the office must shall conduct,
43 coordinate, or request investigations into such substantiated
44 allegations. The office shall investigate allegations or reports
45 of possible fraud or abuse against a district school board made
46 by any member of the Cabinet; the presiding officer of either
47 house of the Legislature; a chair of a substantive or
48 appropriations committee with jurisdiction; or a member of the
49 board for which an investigation is sought. The office may
50 investigate allegations or reports of suspected violations of a
51 student’s, parent’s, or teacher’s rights. The office shall have
52 access to all information and personnel necessary to perform its
53 duties and shall have all of its current powers, duties, and
54 responsibilities authorized in s. 20.055.
55 Section 3. Subsection (3) of section 1003.32, Florida
56 Statutes, is amended to read:
57 1003.32 Authority of teacher; responsibility for control of
58 students; district school board and principal duties.—Subject to
59 law and to the rules of the district school board, each teacher
60 or other member of the staff of any school shall have such
61 authority for the control and discipline of students as may be
62 assigned to him or her by the principal or the principal’s
63 designated representative and shall keep good order in the
64 classroom and in other places in which he or she is assigned to
65 be in charge of students.
66 (3) A teacher may send a student to the principal’s office
67 to maintain effective discipline in the classroom and may
68 recommend an appropriate consequence consistent with the student
69 code of conduct under s. 1006.07. After determining that the
70 student has violated the student code of conduct, the principal
71 shall respond either by employing the teacher’s recommended
72 consequence, or by imposing a more serious disciplinary action,
73 if the student’s overall behavioral history of disruptive
74 behavior warrants it. If the principal determines that a lesser
75 disciplinary action other than that recommended by the teacher
76 is appropriate, the principal should consult with the teacher
77 before prior to taking disciplinary action. If the principal
78 determines that the student has not violated the student code of
79 conduct, the principal may not impose any discipline. The
80 principal shall notify the teacher of any decision regarding
81 discipline, or lack thereof, and interventions provided to a
82 student to address the behavior. If the principal deviates in
83 any way from the teacher’s recommendation, the principal must
84 provide the reasons for any such deviation in writing to the
85 teacher.
86 Section 4. Subsection (18) of section 1009.26, Florida
87 Statutes, is amended to read:
88 1009.26 Fee waivers.—
89 (18)(a) For every course in a Program of Strategic
90 Emphasis, as identified in subparagraph 3., or a state-approved
91 teacher preparation program, in which a student is enrolled, a
92 state university shall waive 100 percent of the tuition and fees
93 for an equivalent course in such program for a student who:
94 1. Is a resident for tuition purposes under s. 1009.21.
95 2. Has earned at least 60 semester credit hours towards a
96 baccalaureate degree within 2 academic years after initial
97 enrollment at a Florida public postsecondary institution.
98 3. Enrolls in one of 10 Programs of Strategic Emphasis as
99 adopted by the Board of Governors or a state-approved teacher
100 preparation program. The Board of Governors shall adopt eight
101 Programs of Strategic Emphasis in science, technology,
102 engineering, or math and, beginning with the 2022-2023 academic
103 year, two Programs of Strategic Emphasis in the critical
104 workforce gap analysis category for which a student may be
105 eligible to receive the tuition and fee waiver authorized by
106 this subsection. The programs identified by the board must
107 reflect the priorities of the state and be offered at a majority
108 of state universities.
109 (b) A waiver granted under this subsection is applicable
110 only for upper-level courses and up to 110 percent of the number
111 of required credit hours of the baccalaureate degree program for
112 which the student is enrolled.
113 (c) Upon enrollment in a Program of Strategic Emphasis or a
114 state-approved teacher preparation program, the tuition and fees
115 waived under this subsection must be reported for state funding
116 purposes under ss. 1009.534 and 1009.535 and must be disbursed
117 to the student. The amount disbursed to the student must shall
118 be equal to the award amount the student has received under s.
119 1009.534(2) or s. 1009.535(2).
120 (d) Each state university shall report to the Board of
121 Governors the number and value of all waivers granted annually
122 under this subsection. A state university in compliance with
123 this subsection may earn incentive funding, subject to
124 appropriation, in addition to the funding provided under s.
125 1001.92.
126 (e) The Board of Governors shall adopt regulations to
127 administer this subsection.
128 Section 5. Section 1009.31, Florida Statutes, is created to
129 read:
130 1009.31 Dual Enrollment Educator Scholarship Program.—
131 (1) The Dual Enrollment Educator Scholarship Program is
132 established to assist teachers of grades 9-12 in public schools
133 in this state in obtaining the graduate degree and credentials
134 necessary to provide dual enrollment coursework directly to
135 students on the campuses of such schools.
136 (2) The Department of Education shall:
137 (a) Administer the scholarship program in accordance with
138 rules adopted by the State Board of Education.
139 (b) In consultation with the Board of Governors, identify
140 graduate-level degree programs offered at state universities
141 which meet accrediting agency requirements for teaching general
142 education core courses, as identified in s. 1007.25. The
143 department shall provide the list of approved degree programs to
144 school districts and post it on its website.
145 (c) In consultation with the Board of Governors, identify
146 qualified degree programs that are available entirely online.
147 (d) Identify and prioritize districts for participation in
148 the scholarship program based on each district’s ratio of
149 students from low-income and moderate-income households, the
150 availability of dual enrollment courses in the district, and the
151 geographic proximity of high schools in the district to
152 participating postsecondary institutions.
153 (e) Prioritize scholarship program applicants who are
154 currently enrolled in an approved graduate program at a state
155 university.
156 (f) Identify school districts with the highest need for
157 teachers, as described in subsection (1), in which participants
158 completing the scholarship program may teach to satisfy the
159 requirement imposed by subparagraph (4)(a)3.
160 (3) A scholarship applicant must satisfy the following
161 eligibility criteria:
162 (a) Be a certified teacher of grades 9-12 in a public
163 school in this state.
164 (b) Be accepted into, or currently enrolled in, an approved
165 graduate program in a subject within his or her area of
166 certification, as identified pursuant to paragraph (2)(b).
167 (4)(a) As a condition of receiving a scholarship, the
168 recipient must agree to do all of the following:
169 1. Complete the graduate degree program and additional
170 required credentials within 3 academic years of the initial
171 award.
172 2. Upon completion of the degree, teach at least one
173 general education core course, as identified in s. 1007.25, per
174 semester at a public school mutually agreed upon by the school
175 district and the postsecondary institution. The recipient may
176 teach additional courses at the school upon the approval of the
177 school district and the postsecondary institution.
178 3. Remain in his or her district, or an eligible district
179 as identified by the Department of Education, as a certified
180 classroom teacher for at least 3 school years after completion
181 of his or her degree.
182 (b) A scholarship recipient who does not complete an
183 identified degree, or who does not complete at least 3 school
184 years of service after the completion of an identified degree,
185 must repay the amount of the scholarship to the Department of
186 Education on a schedule determined by the department. The
187 department may provide the teacher additional time to meet his
188 or her service requirement if the department finds that
189 circumstances beyond the control of the teacher caused or
190 contributed to his or her failure to complete the degree or meet
191 the service requirement.
192 (5) The scholarship must cover the full cost of tuition and
193 fees, including a book stipend each semester, required to
194 complete the teacher’s program.
195 (6) Funding for the Dual Enrollment Educator Scholarship
196 Program is contingent upon the appropriation of funds in the
197 General Appropriations Act.
198 (7) The State Board of Education shall adopt rules to
199 implement this section.
200 Section 6. Section 1012.555, Florida Statutes, is created
201 to read:
202 1012.555 Teacher Apprenticeship Program.—
203 (1) The Teacher Apprenticeship Program is established to
204 create an alternative pathway for individuals to enter the
205 teaching profession. The Department of Education shall
206 administer the program in accordance with s. 446.011.
207 (2)(a) An individual must meet the following minimum
208 eligibility requirements to participate in the apprenticeship
209 program:
210 1. Have received an associate degree from an accredited
211 postsecondary institution.
212 2. Have earned a cumulative grade point average of 3.0 in
213 that degree program.
214 3. Have successfully passed a background screening as
215 provided in s. 1012.32.
216 4. Have received a temporary apprenticeship certificate as
217 provided in s. 1012.56(7)(d).
218 (b) As a condition of participating in the program, an
219 apprentice teacher must commit to spending the first 2 years in
220 the classroom of a mentor teacher using team teaching strategies
221 identified in s. 1003.03(5)(b) and fulfilling the on-the-job
222 training component of the registered apprenticeship and its
223 associated standards.
224 (c) An apprentice teacher must do both of the following:
225 1. Complete 2 years in an apprenticeship before being
226 eligible to apply for a professional certificate established in
227 s. 1012.56(7)(a). Completion of the Teacher Apprenticeship
228 Program does not exempt an apprentice teacher from the
229 requirements of s. 1012.56(2)(c).
230 2. Receive related instruction as provided in s. 446.051.
231 (d) An apprentice teacher must be appointed by the district
232 school board as an education paraprofessional and must be paid
233 in accordance with s. 446.032 and rules adopted by the State
234 Board of Education.
235 (e) An apprentice teacher may change schools or districts
236 after the first year of his or her apprenticeship if the hiring
237 school or district has agreed to fund the remaining year of the
238 apprenticeship.
239 (3) A teacher who serves as a mentor in the apprenticeship
240 program shall mentor his or her apprentice teacher using team
241 teaching strategies and must, at a minimum, meet all of the
242 following requirements:
243 (a) Have at least 7 years of teaching experience in this
244 state.
245 (b) Have received an aggregate score of highly effective on
246 the three most recent available value-added model (VAM) scores,
247 as used by the department, or have received an aggregate score
248 of highly effective on the three most recent available
249 performance evaluations if the teacher does not generate a state
250 VAM score.
251 (c) Satisfy any other requirements established by the
252 department.
253 (4) Subject to legislative appropriation, a teacher who
254 serves as a mentor in the apprenticeship program may receive a
255 bonus, as specified in this subsection. If such funding is
256 available:
257 (a) The district school board must pay a teacher who serves
258 as a mentor 50 percent of the bonus amount upon completion of
259 the first year of the apprenticeship.
260 (b) The district school board must pay a teacher who serves
261 as a mentor the remainder of the bonus at the conclusion of the
262 apprenticeship if:
263 1. The teacher successfully guides his or her apprentice to
264 completion of the apprenticeship program;
265 2. Upon completion of the apprenticeship program, his or
266 her apprentice is hired by a school district or charter school
267 in this state; and
268 3. The teacher meets any additional requirements imposed by
269 state board rule.
270 (5) A class in which an apprenticeship is conducted may
271 exceed the class size limitation imposed in s. 1003.03(1) up to
272 1.5 times the allowable number of students under that
273 subsection.
274 (6) The State Board of Education may adopt rules to
275 implement this section.
276 Section 7. Present paragraphs (d) and (e) of subsection (7)
277 of section 1012.56, Florida Statutes, are redesignated as
278 paragraphs (e) and (f), respectively, a new paragraph (d) is
279 added to that subsection, and present paragraph (e) of that
280 subsection and subsection (5) of that section are amended, to
281 read:
282 1012.56 Educator certification requirements.—
283 (5) MASTERY OF SUBJECT AREA KNOWLEDGE.—Each of the
284 following is an acceptable means of demonstrating mastery of
285 subject area knowledge are:
286 (a) For a subject requiring only a baccalaureate degree for
287 which a Florida subject area examination has been developed,
288 achievement of a passing score on the Florida-developed subject
289 area examination specified in state board rule.;
290 (b) For a subject for which a Florida subject area
291 examination has not been developed, achievement of a passing
292 score on a standardized examination specified in state board
293 rule, including, but not limited to, passing scores on both the
294 oral proficiency and written proficiency examinations
295 administered by the American Council on the Teaching of Foreign
296 Languages.;
297 (c) For a subject for which a Florida subject area
298 examination has not been developed or a standardized examination
299 has not been specified in state board rule, completion of the
300 subject area specialization requirements specified in state
301 board rule and verification of the attainment of the essential
302 subject matter competencies by the district school
303 superintendent of the employing school district or chief
304 administrative officer of the employing state-supported or
305 private school.;
306 (d) For a subject requiring a master’s or higher degree,
307 completion of the subject area specialization requirements
308 specified in state board rule and achievement of a passing score
309 on the Florida-developed subject area examination or a
310 standardized examination specified in state board rule.;
311 (e) Documentation of a valid professional standard teaching
312 certificate issued by another state.;
313 (f) Documentation of a valid certificate issued by the
314 National Board for Professional Teaching Standards or a national
315 educator credentialing board approved by the State Board of
316 Education.;
317 (g) Documentation of successful completion of a United
318 States Defense Language Institute Foreign Language Center
319 program.; or
320 (h) Documentation of a passing score on the Defense
321 Language Proficiency Test (DLPT).
322 (i) For a subject requiring only a baccalaureate degree for
323 which a Florida subject area examination has been developed,
324 documentation of receipt of a master’s degree or higher from an
325 accredited postsecondary educational institution that the
326 Department of Education has identified as having a quality
327 program resulting in a baccalaureate degree or higher in the
328 certificate subject area as identified by state board rule.
329
330 School districts are encouraged to provide mechanisms for middle
331 grades teachers holding only a K-6 teaching certificate to
332 obtain a subject area coverage for middle grades through
333 postsecondary coursework or district add-on certification.
334 (7) TYPES AND TERMS OF CERTIFICATION.—
335 (d) The department shall issue a temporary apprenticeship
336 certificate to any applicant who:
337 1. Meets the requirements of paragraphs (2)(a), (b), (d),
338 (e), and (f).
339 2. Completes the subject area content requirements
340 specified in state board rule or demonstrates mastery of subject
341 area knowledge as provided in subsection (5).
342 (f)1.(e)1. A temporary certificate issued under
343 subparagraph (b)1. is valid for 3 school fiscal years and is
344 nonrenewable.
345 2. A temporary certificate issued under subparagraph (b)2.
346 is valid for 5 school fiscal years, is limited to a one-time
347 issuance, and is nonrenewable.
348 3. A temporary apprenticeship certificate issued under
349 paragraph (d) is valid for 5 school years, may be issued only
350 once, and is nonrenewable.
351
352 At least 1 year before an individual’s temporary certificate is
353 set to expire, the department shall electronically notify the
354 individual of the date on which his or her certificate will
355 expire and provide a list of each method by which the
356 qualifications for a professional certificate can be completed.
357 The State Board of Education shall adopt rules to allow the
358 department to extend the validity period of a temporary
359 certificate for 2 years when the requirements for the
360 professional certificate were not completed due to the serious
361 illness or injury of the applicant, the military service of an
362 applicant’s spouse, other extraordinary extenuating
363 circumstances, or if the certificateholder is rated highly
364 effective in the immediate prior year’s performance evaluation
365 pursuant to s. 1012.34 or has completed a 2-year mentorship
366 program pursuant to subsection (8). The department shall extend
367 the temporary certificate upon approval by the Commissioner of
368 Education. A written request for extension of the certificate
369 shall be submitted by the district school superintendent, the
370 governing authority of a university lab school, the governing
371 authority of a state-supported school, or the governing
372 authority of a private school.
373 Section 8. Paragraph (d) is added to subsection (3) of
374 section 1012.59, Florida Statutes, to read:
375 1012.59 Certification fees.—
376 (3) The State Board of Education shall waive initial
377 general knowledge, professional education, and subject area
378 examination fees and certification fees for:
379 (d) A retired first responder, which includes a law
380 enforcement officer as defined in s. 943.10(1), a firefighter as
381 defined in s. 633.102(9), or an emergency medical technician or
382 paramedic as defined in s. 401.23.
383 Section 9. Section 1012.715, Florida Statutes, is created
384 to read:
385 1012.715 Heroes in the Classroom Bonus Program.—
386 (1) PURPOSE.—Subject to legislative appropriation, the
387 Department of Education must provide a one-time sign-on bonus,
388 as provided in the General Appropriations Act, to retired first
389 responders and veterans who commit to joining the teaching
390 profession as a full-time classroom teacher. A retired first
391 responder or veteran may receive an additional bonus for
392 teaching a course in a critical teacher shortage area as defined
393 in s. 1012.07.
394 (2) DEFINITIONS.—As used in this section, the term:
395 (a) “Retired first responder” means an individual who can
396 document his or her full retirement as a law enforcement officer
397 as defined in s. 943.10(1), a firefighter as defined in s.
398 633.102(9), or an emergency medical technician or paramedic as
399 defined in s. 401.23.
400 (b) “Veteran” has the same meaning as in s. 1.01(14).
401 (3) ELIGIBILITY.—To be eligible to receive a bonus under
402 this section, an individual must:
403 (a) As applicable, document that he or she has not been the
404 subject of any disciplinary action during the most recent 5
405 years of his or her employment. For purposes of this paragraph,
406 the term “disciplinary action” includes suspensions, dismissals,
407 and involuntary demotions associated with disciplinary actions;
408 (b) Document his or her honorable discharge from the
409 military;
410 (c) Document receipt of a professional certificate or
411 temporary certificate under s. 1012.56(7)(a) and (b)1.,
412 respectively; and
413 (d) Commit to maintaining employment with the district or
414 charter school for a minimum of 2 school years.
415 (4) DEPARTMENT DUTIES.—The Department of Education shall
416 administer the bonus program. At a minimum, the department
417 shall:
418 (a) Establish a method for determining the estimated number
419 of eligible military veterans and first responders hired in the
420 applicable fiscal year.
421 (b) Establish additional minimum criteria necessary to
422 receive the bonus.
423 (c) Establish an estimated cost to the department
424 associated with developing and administering the program.
425 (d) Establish a method by which a teacher must reimburse
426 the state if he or she receives the bonus payment under the
427 program but fails to maintain continuous employment for the
428 required 2-year school period.
429 (e) Identify critical teacher shortage areas in which a
430 military veteran or retired first responder who teaches may be
431 eligible for an additional bonus.
432 (5) DISTRICT DUTIES.—A school district that hires eligible
433 participants must:
434 (a) Provide any necessary information requested by the
435 department.
436 (b) Notify, in a manner established by the department,
437 eligible employees for whom such employment may impact their
438 pension from a previous position.
439 (6) RULES.—The State Board of Education may adopt rules to
440 implement this section.
441 Section 10. Chapter 1015, Florida Statutes, consisting of
442 ss. 1015.01-1015.06, Florida Statutes, is created and entitled
443 “Teachers’ Bill of Rights.”
444 Section 11. Section 1015.01, Florida Statutes, is created
445 to read:
446 1015.01 Short title.—This section and ss. 1015.02-1015.06
447 may be cited as the “Teachers’ Bill of Rights.”
448 Section 12. Section 1015.02, Florida Statutes, is created
449 to read:
450 1015.02 Legislative findings.—The Legislature finds that
451 education is critically important in the development of children
452 in this state. The Legislature additionally recognizes the
453 supreme importance of having high-quality teachers in the
454 classroom. Further, the Legislature finds it is necessary to
455 establish a clear set of rights for teachers regarding their
456 profession and classrooms.
457 Section 13. Section 1015.03, Florida Statutes, is created
458 to read:
459 1015.03 Rights of employment.—
460 (1) Pursuant to s. 447.301 and s. 6., Art. I of the State
461 Constitution, the right of public employees, including teachers,
462 to work may not be denied or abridged on account of membership
463 or nonmembership in any labor union.
464 (2)(a) A teacher, except in cases of excessive force or
465 cruel and unusual punishment, may not be held civilly or
466 criminally liable for actions carried out in conformity with
467 State Board of Education rules. Pursuant to s. 1012.75, a
468 teacher shall have access to liability coverage, subject to the
469 General Appropriations Act, through the educator liability
470 insurance program.
471 (b) Pursuant to s. 1012.26, a teacher may receive a
472 reimbursement of reasonable expenses for legal services from his
473 or her school district if the teacher is charged with civil or
474 criminal actions arising out of and in the course of the
475 performance of assigned duties and responsibilities.
476 (3) All students and public K-20 educational institution
477 employees, including teachers, have the right to be free from
478 discrimination in public K-20 educational institutions.
479 (4) Pursuant to s. 1012.56, teachers must be provided
480 multiple pathways to earn an educator certificate.
481 Section 14. Section 1015.04, Florida Statutes, is created
482 to read:
483 1015.04 Right to continuing education.—
484 (1) Teachers are guaranteed a coordinated system of
485 professional development with the goals of increasing student
486 achievement, enhancing classroom instruction, and preparing
487 students for continuing their education or joining the
488 workforce. Pursuant to s. 1012.98, the Department of Education,
489 public postsecondary educational institutions, public school
490 districts, public schools, state education foundations,
491 consortia, and professional organizations must work
492 collaboratively to provide a coordinated system of professional
493 development.
494 (2) Pursuant to s. 1009.26(10), teachers employed by a
495 school district may receive a waiver for tuition and fees for up
496 to 6 credit hours per term at a state university or Florida
497 College System institution.
498 Section 15. Section 1015.05, Florida Statutes, is created
499 to read:
500 1015.05 Right to control the classroom.—
501 (1) In accordance with state board rules and general law, a
502 teacher has the authority to control and discipline students in
503 his or her classroom and in other places in which the teacher is
504 assigned to be in charge of students. Pursuant to s. 1003.32 and
505 in order to provide an orderly and safe learning environment for
506 students, a teacher may:
507 (a) Establish classroom rules of conduct.
508 (b) Establish and implement consequences, which are
509 designed to change behavior, for infractions of classroom rules
510 of conduct.
511 (c) Have disobedient, disrespectful, violent, abusive,
512 uncontrollable, or disruptive students removed from the
513 classroom for behavior management intervention.
514 (d) Have violent, abusive, uncontrollable, or disruptive
515 students directed to appropriate school or district school board
516 personnel for information and assistance.
517 (e) Assist in enforcing school rules on school property,
518 during school-sponsored transportation, and during school
519 sponsored activities.
520 (f) Request and receive information relating to the
521 disposition of any referrals to administration for a violation
522 of classroom rules of conduct or school rules.
523 (g) Request and receive immediate assistance in classroom
524 management if a student becomes uncontrollable or in the case of
525 an emergency.
526 (h) Request and receive training and other assistance to
527 improve his or her skills in classroom management, violence
528 prevention, conflict resolution, and related areas.
529 (i) Press charges if there is a reason to believe that a
530 crime has been committed on school property, during school
531 sponsored transportation, or during school-sponsored activities.
532 (j) Use reasonable force, according to standards adopted by
533 the State Board of Education, to protect himself or herself or
534 others from injury.
535 (2) For purposes of this section, in cases in which a
536 teacher faces litigation or professional practices sanctions for
537 an action taken pursuant to subsection (1), there is a
538 rebuttable presumption that a teacher was taking necessary
539 action to restore or maintain the safety or educational
540 atmosphere of his or her classroom.
541 Section 16. Section 1015.06, Florida Statutes, is created
542 to read:
543 1015.06 Right to direct classroom instruction.—
544 (1)(a) In accordance with general law and State Board of
545 Education rules, a teacher has the right to direct his or her
546 classroom instruction. If a teacher is directed by his or her
547 school district or school to violate general law or state board
548 rules, he or she may request the Commissioner of Education to
549 appoint a special magistrate who is a member of The Florida Bar
550 in good standing and who has at least 5 years’ experience in
551 administrative law. The special magistrate shall determine facts
552 relating to the dispute over the school district procedure or
553 practice, consider information provided by the teacher and the
554 school district, and render a recommended decision for
555 resolution to the state board within 30 days after receipt of
556 the request by the teacher.
557 (b) The state board must approve or reject the special
558 magistrate’s recommended decision at its next scheduled board
559 meeting. The costs of the special magistrate must be borne by
560 the school district.
561 (c) If the school district is found in violation of general
562 law or state board rules, the state board may withhold the
563 salary of the superintendent until the violation is corrected.
564 (2) Pursuant to s. 1008.25, a teacher has the right to
565 receive student assessment data in a timely manner in order to
566 assist in instruction.
567 Section 17. This act shall take effect July 1, 2023.
568
569 ================= T I T L E A M E N D M E N T ================
570 And the title is amended as follows:
571 Delete everything before the enacting clause
572 and insert:
573 A bill to be entitled
574 An act relating to K-12 teachers; requiring the
575 Commissioner of Education to take specified actions
576 relating to classroom teacher training requirements by
577 a specified date; amending s. 1001.20, F.S.;
578 authorizing the Office of Inspector General within the
579 Department of Education to investigate allegations and
580 reports of suspected violations of certain persons’
581 rights; amending s. 1003.32, F.S.; revising the
582 disciplinary actions a principal may impose on a
583 student; revising requirements for disciplinary
584 actions a principal may impose; amending s. 1009.26,
585 F.S.; revising the courses eligible for a fee waiver;
586 creating s. 1009.31, F.S.; establishing the Dual
587 Enrollment Educator Scholarship Program; providing
588 requirements for the department and the Board of
589 Governors in administering the program; providing
590 eligibility criteria for applicants; requiring
591 scholarship recipients to agree to specified
592 conditions; providing what the scholarship funds must
593 cover; providing that funding for the program is
594 contingent upon appropriation; requiring the State
595 Board of Education to adopt rules; creating s.
596 1012.555, F.S.; establishing the Teacher
597 Apprenticeship Program; providing eligibility
598 requirements for apprentice teachers; providing
599 requirements for mentor teachers; providing that a
600 mentor teacher may receive a bonus under specified
601 conditions; providing that an apprenticeship classroom
602 may exceed class size requirements up to a specified
603 limit; authorizing the state board to adopt rules;
604 amending s. 1012.56, F.S.; providing an additional
605 means of demonstrating mastery of subject area
606 knowledge; requiring the department to issue a
607 temporary apprenticeship certificate under certain
608 conditions; amending s. 1012.59, F.S.; waiving
609 specified certification requirements for retired first
610 responders; creating s. 1012.715, F.S.; establishing
611 the Heroes in the Classroom Bonus Program; providing
612 that a retired military veteran or first responder who
613 becomes a full-time classroom teacher may receive a
614 one-time bonus, subject to legislative appropriation;
615 defining the terms “retired first responder” and
616 “veteran”; providing eligibility requirements for the
617 bonus; defining the term “disciplinary action”;
618 providing responsibilities for the department;
619 providing responsibilities for the school district;
620 authorizing the state board to adopt rules; creating
621 ch. 1015, F.S., to be entitled “Teachers’ Bill of
622 Rights”; creating s. 1015.01, F.S.; providing a short
623 title; creating s. 1015.02, F.S.; providing
624 legislative findings; creating s. 1015.03, F.S.;
625 providing that the right of certain employees to work
626 may not be denied or abridged by specified actions;
627 providing civil and criminal immunity for teachers
628 under certain circumstances; requiring that teachers
629 have access to certain liability coverage under
630 certain circumstances; providing that teachers may
631 receive reimbursement of certain expenses under
632 certain circumstances; providing that certain persons
633 have the right to be free from discrimination;
634 providing that teachers must be provided multiple
635 pathways to earn an educator certificate; creating s.
636 1015.04, F.S.; providing that teachers are guaranteed
637 a coordinated system of professional development;
638 providing that certain teachers may receive specified
639 tuition and fee waivers; creating s. 1015.05, F.S.;
640 authorizing teachers to control and discipline
641 students in their classrooms and certain other places
642 and to take specified actions; creating a rebuttable
643 presumption for teachers under certain circumstances;
644 creating s. 1015.06, F.S.; providing that teachers
645 have the right to direct their classroom instruction;
646 authorizing teachers to bring actions against school
647 districts and request the appointment of a special
648 magistrate under certain circumstances; providing
649 requirements and responsibilities for such
650 magistrates; providing requirements for the state
651 board; providing that teachers have the right to
652 receive certain data in a timely manner; providing an
653 effective date.