FL
Florida House Bill H1035

Florida 2023 Regular Session

Florida House Bill H1035 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14+A bill to be entitled 1
1515 An act relating to K -12 teachers; requiring the 2
1616 Commissioner of Education to take specified actions 3
1717 relating to classroom teacher training requirements by 4
1818 a specified date; amending s. 1001.20, F.S.; 5
1919 authorizing the Office of Inspector General within the 6
2020 Department of Education to investigate allegations and 7
2121 reports of suspected violations of certain persons' 8
2222 rights; amending s. 1003.32, F.S.; revising the 9
2323 disciplinary actions a principal may impose on a 10
2424 student; revising requirements for disciplinary 11
2525 actions a principal may impose; amending s. 1009.26, 12
2626 F.S.; revising the courses eligible for a fee waiver; 13
2727 creating s. 1009.31, F.S.; establishing the Dual 14
2828 Enrollment Educator Scholarship Program; providing 15
2929 requirements for the department and the Board of 16
3030 Governors in administering the program; providing 17
3131 eligibility criteria for applicants; requiring 18
3232 scholarship recipients to agree to specified 19
3333 conditions; providing what the scholarship funds must 20
3434 cover; providing that funding for the program is 21
3535 contingent upon appropriation; requiring the State 22
3636 Board of Education to adopt rules; creating s. 23
3737 1012.555, F.S.; establishing the Teacher 24
3838 Apprenticeship Program; providing eligibility 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 requirements for apprentice teachers; providing 26
5252 requirements for mentor teachers; provi ding that a 27
5353 mentor teacher may receive a bonus under specified 28
5454 conditions; providing that an apprenticeship classroom 29
5555 may exceed class size requirements up to a specified 30
5656 limit; authorizing the state board to adopt rules; 31
5757 amending s. 1012.56, F.S.; revisin g the validity 32
5858 period for certain temporary certificates; amending s. 33
5959 1012.59, F.S.; waiving specified certification 34
6060 requirements for retired first responders; creating s. 35
6161 1012.715, F.S.; establishing the Heroes in the 36
6262 Classroom Bonus Program; providing th at a retired 37
6363 military veteran or first responder who becomes a 38
6464 full-time classroom teacher may receive a one -time 39
6565 bonus, subject to legislative appropriation; defining 40
6666 the terms "retired first responder" and "veteran"; 41
6767 providing eligibility requirements fo r the bonus; 42
6868 defining the term "disciplinary action"; providing 43
6969 responsibilities for the department; providing 44
7070 responsibilities for the school district; authorizing 45
7171 the state board to adopt rules; creating ch. 1015, 46
7272 F.S., to be entitled "Teachers' Bill of Rights"; 47
7373 creating s. 1015.01, F.S.; providing a short title; 48
7474 creating s. 1015.02, F.S.; providing legislative 49
7575 findings; creating s. 1015.03, F.S.; providing that 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 the right of certain employees to work may not be 51
8989 denied or abridged by specified actions; pro viding 52
9090 civil and criminal immunity for teachers under certain 53
9191 circumstances; requiring that teachers have access to 54
9292 certain liability coverage under certain 55
9393 circumstances; providing that teachers may receive 56
9494 reimbursement of certain expenses under certain 57
9595 circumstances; providing that certain persons have the 58
9696 right to be free from discrimination; providing that 59
9797 teachers must be provided multiple pathways to earn an 60
9898 educator certificate; creating s. 1015.04, F.S.; 61
9999 providing that teachers are guaranteed a coo rdinated 62
100100 system of professional development; providing that 63
101101 certain teachers may receive specified tuition and fee 64
102102 waivers; creating s. 1015.05, F.S.; authorizing 65
103103 teachers to control and discipline students in their 66
104104 classrooms and certain other places and to take 67
105105 specified actions; creating a rebuttable presumption 68
106106 for teachers under certain circumstances; creating s. 69
107107 1015.06, F.S.; providing that teachers have the right 70
108108 to direct their classroom instruction; authorizing 71
109109 teachers to bring actions against sc hool districts and 72
110110 request the appointment of a special magistrate under 73
111111 certain circumstances; providing requirements and 74
112112 responsibilities for such magistrates; providing 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 requirements for the state board; providing that 76
126126 teachers have the right to receive certain data in a 77
127127 timely manner; providing an effective date. 78
128128 79
129129 Be It Enacted by the Legislature of the State of Florida: 80
130130 81
131131 Section 1. By December 31, 2023, the Commissioner of 82
132132 Education shall: 83
133133 (1) Conduct a thorough and comprehensive review of all 84
134134 classroom teacher training requirements in federal and state law 85
135135 or rule and district policy. 86
136136 (2) Assess all classroom teacher training requirements and 87
137137 identify any duplicate federal and state training requirements. 88
138138 (3) Evaluate any potential negativ e impacts of eliminating 89
139139 certain classroom teacher training requirements in state law or 90
140140 rule or district policy. 91
141141 (4) Review all available literature related to 92
142142 comprehensive reviews of classroom teacher training requirements 93
143143 in other states. 94
144144 (5) Eliminate any classroom teacher training requirements 95
145145 not required by federal or state law. 96
146146 (6) Provide recommendations to the Legislature for 97
147147 eliminating classroom teacher training requirements in state law 98
148148 or rule or district policy. 99
149149 Section 2. Paragrap h (e) of subsection (4) of section 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162162 1001.20, Florida Statutes, is amended to read: 101
163163 1001.20 Department under direction of state board. — 102
164164 (4) The Department of Education shall establish the 103
165165 following offices within the Office of the Commissioner of 104
166166 Education which shall coordinate their activities with all other 105
167167 divisions and offices: 106
168168 (e) Office of Inspector General. —Organized using existing 107
169169 resources and funds and responsible for promoting 108
170170 accountability, efficiency, and effectiveness and detecting 109
171171 fraud and abuse within school districts, the Florida School for 110
172172 the Deaf and the Blind, and Florida College System institutions 111
173173 in Florida. If the Commissioner of Education determines that a 112
174174 district school board, the Board of Trustees for the Florida 113
175175 School for the Deaf and the Blind, or a Florida College System 114
176176 institution board of trustees is unwilling or unable to address 115
177177 substantiated allegations made by any person relating to waste, 116
178178 fraud, or financial mismanagement within the school district, 117
179179 the Florida School for the Deaf and the Blind, or the Florida 118
180180 College System institution, the office must shall conduct, 119
181181 coordinate, or request investigations into such substantiated 120
182182 allegations. The office shall investigate allegations or reports 121
183183 of possible fraud or abuse against a district school board made 122
184184 by any member of the Cabinet; the presiding officer of either 123
185185 house of the Legislature; a chair of a substantive or 124
186186 appropriations committee with jurisdiction; or a member of the 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199199 board for which an investigation is sought. The office may 126
200200 investigate allegations or reports of suspected violations of a 127
201201 student's, parent's, or teacher's rights. The office shall have 128
202202 access to all information and personnel necessary to perform its 129
203203 duties and shall have all of its curr ent powers, duties, and 130
204204 responsibilities authorized in s. 20.055. 131
205205 Section 3. Subsection (3) of section 1003.32, Florida 132
206206 Statutes, is amended to read: 133
207207 1003.32 Authority of teacher; responsibility for control 134
208208 of students; district school board and principal duties.—Subject 135
209209 to law and to the rules of the district school board, each 136
210210 teacher or other member of the staff of any school shall have 137
211211 such authority for the control and discipline of students as may 138
212212 be assigned to him or her by the principal o r the principal's 139
213213 designated representative and shall keep good order in the 140
214214 classroom and in other places in which he or she is assigned to 141
215215 be in charge of students. 142
216216 (3) A teacher may send a student to the principal's office 143
217217 to maintain effective discip line in the classroom and may 144
218218 recommend an appropriate consequence consistent with the student 145
219219 code of conduct under s. 1006.07. After determining that the 146
220220 student has violated the student code of conduct, the principal 147
221221 shall respond either by employing the teacher's recommended 148
222222 consequence, or by imposing a more serious disciplinary action , 149
223223 if the student's overall behavioral history of disruptive 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236236 behavior warrants it. If the principal determines that a lesser 151
237237 disciplinary action other than that recommende d by the teacher 152
238238 is appropriate, the principal should consult with the teacher 153
239239 before prior to taking disciplinary action. If the principal 154
240240 determines that the student has not violated the student code of 155
241241 conduct, the principal may not impose any disciplin e. The 156
242242 principal shall notify the teacher of any decision regarding 157
243243 discipline, or lack thereof, and interventions provided to a 158
244244 student to address the behavior. If the principal deviates in 159
245245 any way from the teacher's recommendation, the principal must 160
246246 provide the reasons for any such deviation in writing to the 161
247247 teacher. 162
248248 Section 4. Subsection (18) of section 1009.26, Florida 163
249249 Statutes, is amended to read: 164
250250 1009.26 Fee waivers. — 165
251251 (18)(a) For every course in a Program of Strategic 166
252252 Emphasis, as identified in subparagraph 3., or a state-approved 167
253253 teacher preparation program, in which a student is enrolled, a 168
254254 state university shall waive 100 percent of the tuition and fees 169
255255 for an equivalent course in such program for a student who: 170
256256 1. Is a resident for tuit ion purposes under s. 1009.21. 171
257257 2. Has earned at least 60 semester credit hours towards a 172
258258 baccalaureate degree within 2 academic years after initial 173
259259 enrollment at a Florida public postsecondary institution. 174
260260 3. Enrolls in one of 10 Programs of Strategic Emphasis as 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273273 adopted by the Board of Governors or a state-approved teacher 176
274274 preparation program. The Board of Governors shall adopt eight 177
275275 Programs of Strategic Emphasis in science, technology, 178
276276 engineering, or math and, beginning with the 2022 -2023 academic 179
277277 year, two Programs of Strategic Emphasis in the critical 180
278278 workforce gap analysis category for which a student may be 181
279279 eligible to receive the tuition and fee waiver authorized by 182
280280 this subsection. The programs identified by the board must 183
281281 reflect the prioritie s of the state and be offered at a majority 184
282282 of state universities. 185
283283 (b) A waiver granted under this subsection is applicable 186
284284 only for upper-level courses and up to 110 percent of the number 187
285285 of required credit hours of the baccalaureate degree program for 188
286286 which the student is enrolled. 189
287287 (c) Upon enrollment in a Program of Strategic Emphasis or 190
288288 a state-approved teacher preparation program , the tuition and 191
289289 fees waived under this subsection must be reported for state 192
290290 funding purposes under ss. 1009.534 and 10 09.535 and must be 193
291291 disbursed to the student. The amount disbursed to the student 194
292292 must shall be equal to the award amount the student has received 195
293293 under s. 1009.534(2) or s. 1009.535(2). 196
294294 (d) Each state university shall report to the Board of 197
295295 Governors the number and value of all waivers granted annually 198
296296 under this subsection. A state university in compliance with 199
297297 this subsection may earn incentive funding, subject to 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310310 appropriation, in addition to the funding provided under s. 201
311311 1001.92. 202
312312 (e) The Board of Go vernors shall adopt regulations to 203
313313 administer this subsection. 204
314314 Section 5. Section 1009.31, Florida Statutes, is created 205
315315 to read: 206
316316 1009.31 Dual Enrollment Educator Scholarship Program. — 207
317317 (1) The Dual Enrollment Educator Scholarship Program is 208
318318 established to assist teachers of grades 9 -12 in public schools 209
319319 in this state in obtaining the graduate degree and credentials 210
320320 necessary to provide dual enrollment coursework directly to 211
321321 students on the campuses of such schools. 212
322322 (2) The Department of Edu cation shall: 213
323323 (a) Administer the scholarship program in accordance with 214
324324 rules adopted by the State Board of Education. 215
325325 (b) In consultation with the Board of Governors, identify 216
326326 graduate-level degree programs offered at state universities 217
327327 which meet accrediting agency requirements for teaching general 218
328328 education core courses, as identified in s. 1007.25. The 219
329329 department shall provide the list of approved degree programs to 220
330330 school districts and post it on its website. 221
331331 (c) In consultation with the Board of Governors, identify 222
332332 qualified degree programs that are available entirely online. 223
333333 (d) Identify and prioritize districts for participation in 224
334334 the scholarship program based on each district's ratio of 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347347 students from low-income and moderate-income households, the 226
348348 availability of dual enrollment courses in the district, and the 227
349349 geographic proximity of high schools in the district to 228
350350 participating postsecondary institutions. 229
351351 (e) Prioritize scholarship program applicants who are 230
352352 currently enrolled in an appro ved graduate program at a state 231
353353 university. 232
354354 (f) Identify school districts with the highest need for 233
355355 teachers, as described in subsection (1), in which participants 234
356356 completing the scholarship program may teach to satisfy the 235
357357 requirement imposed by subpara graph (4)(a)3. 236
358358 (3) A scholarship applicant must satisfy the following 237
359359 eligibility criteria: 238
360360 (a) Be a certified teacher of grades 9 -12 in a public 239
361361 school in this state. 240
362362 (b) Be accepted into, or currently enrolled in, an 241
363363 approved graduate program in a subject within his or her area of 242
364364 certification, as identified pursuant to paragraph (2)(b). 243
365365 (4)(a) As a condition of receiving a scholarship, the 244
366366 recipient must agree to do all of the following: 245
367367 1. Complete the graduate degree program and additional 246
368368 required credentials within 3 academic years of the initial 247
369369 award. 248
370370 2. Upon completion of the degree, teach at least one 249
371371 general education core course, as identified in s. 1007.25, per 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384384 semester at a public school mutually agreed upon by the school 251
385385 district and the postsecondary institution. The recipient may 252
386386 teach additional courses at the school upon the approval of the 253
387387 school district and the postsecondary institution. 254
388388 3. Remain in his or her district, or an eligible district 255
389389 as identified by the Depart ment of Education, as a certified 256
390390 classroom teacher for at least 3 school years after completion 257
391391 of his or her degree. 258
392392 (b) A scholarship recipient who does not complete an 259
393393 identified degree, or who does not complete at least 3 school 260
394394 years of service after the completion of an identified degree, 261
395395 must repay the amount of the scholarship to the Department of 262
396396 Education on a schedule determined by the department. The 263
397397 department may provide the teacher additional time to meet his 264
398398 or her service requirement if the department finds that 265
399399 circumstances beyond the control of the teacher caused or 266
400400 contributed to his or her failure to complete the degree or meet 267
401401 the service requirement. 268
402402 (5) The scholarship must cover the full cost of tuition 269
403403 and fees, including a book stipend each semester, required to 270
404404 complete the teacher's program. 271
405405 (6) Funding for the Dual Enrollment Educator Scholarship 272
406406 Program is contingent upon the appropriation of funds in the 273
407407 General Appropriations Act. 274
408408 (7) The State Board of Education shall adopt rules to 275
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417417 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
418418
419419
420420
421421 implement this section. 276
422422 Section 6. Section 1012.555, Florida Statutes, is created 277
423423 to read: 278
424424 1012.555 Teacher Apprenticeship Program. — 279
425425 (1) The Teacher Apprenticeship Program is established to 280
426426 create an alternative pathway for ind ividuals to enter the 281
427427 teaching profession. The Department of Education shall 282
428428 administer the program in accordance with s. 446.011. 283
429429 (2)(a) An individual must meet the following minimum 284
430430 eligibility requirements to participate in the apprenticeship 285
431431 program: 286
432432 1. Have received an associate degree from an accredited 287
433433 postsecondary institution. 288
434434 2. Have earned a cumulative grade point average of 3.0 in 289
435435 that degree program. 290
436436 3. Have successfully passed a background screening as 291
437437 provided in s. 1012.32. 292
438438 4. Have received a temporary apprenticeship certificate as 293
439439 provided in s. 1012.56(7)(d). 294
440440 (b) As a condition of participating in the program, an 295
441441 apprentice teacher must commit to spending the first 2 years in 296
442442 the classroom of a mentor teacher using team teaching strategies 297
443443 identified in s. 1003.03(5)(b) and fulfilling the on -the-job 298
444444 training component of the registered apprenticeship and its 299
445445 associated standards. 300
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454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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456456
457457
458458 (c) An apprentice teacher must do both of the following: 301
459459 1. Complete 2 years in an apprenticeship before being 302
460460 eligible to apply for a professional certificate established in 303
461461 s. 1012.56(7)(a). Completion of the Teacher Apprenticeship 304
462462 Program does not exempt an apprentice teacher from the 305
463463 requirements of s. 1012.56(2)(c). 306
464464 2. Receive related instructi on as provided in s. 446.051. 307
465465 (d) An apprentice teacher must be appointed by the 308
466466 district school board as an education paraprofessional and must 309
467467 be paid in accordance with s. 446.032 and rules adopted by the 310
468468 State Board of Education. 311
469469 (e) An apprentice teacher may change schools or districts 312
470470 after the first year of his or her apprenticeship if the hiring 313
471471 school or district has agreed to fund the remaining year of the 314
472472 apprenticeship. 315
473473 (3) A teacher who serves as a mentor in the apprenticeship 316
474474 program shall mentor his or her apprentice teacher using team 317
475475 teaching strategies and must, at a minimum, meet all of the 318
476476 following requirements: 319
477477 (a) Have at least 7 years of teaching experience in this 320
478478 state. 321
479479 (b) Have received an aggregate score of highly effect ive 322
480480 on the three most recent available value -added model (VAM) 323
481481 scores, as used by the department, or have received an aggregate 324
482482 score of highly effective on the three most recent available 325
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491491 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495495 performance evaluations if the teacher does not generate a state 326
496496 VAM score. 327
497497 (c) Satisfy any other requirements established by the 328
498498 department. 329
499499 (4) Subject to legislative appropriation, a teacher who 330
500500 serves as a mentor in the apprenticeship program may receive a 331
501501 bonus, as specified in this subsection. If such funding is 332
502502 available: 333
503503 (a) The district school board must pay a teacher who 334
504504 serves as a mentor 50 percent of the bonus amount upon 335
505505 completion of the first year of the apprenticeship. 336
506506 (b) The district school board must pay a teacher who 337
507507 serves as a mentor the rema inder of the bonus at the conclusion 338
508508 of the apprenticeship if: 339
509509 1. The teacher successfully guides his or her apprentice 340
510510 to completion of the apprenticeship program; 341
511511 2. Upon completion of the apprenticeship program, his or 342
512512 her apprentice is hired by a s chool district or charter school 343
513513 in this state; and 344
514514 3. The teacher meets any additional requirements imposed 345
515515 by state board rule. 346
516516 (5) A class in which an apprenticeship is conducted may 347
517517 exceed the class size limitation imposed in s. 1003.03(1) up to 348
518518 1.5 times the allowable number of students under that 349
519519 subsection. 350
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528528 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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531531
532532 (6) The State Board of Education may adopt rules to 351
533533 implement this section. 352
534534 Section 7. Paragraph (d) and present paragraph (e) of 353
535535 subsection (7) of section 1012.56, Florida Statutes, as amended 354
536536 by chapter 2023-16, Laws of Florida, are amended, and a new 355
537537 paragraph (e) and paragraph (f) are added to that subsection, to 356
538538 read: 357
539539 1012.56 Educator certification requirements. — 358
540540 (7) TYPES AND TERMS OF CERTIFICATION. — 359
541541 (d) The department shall issue a temporary apprenticeship 360
542542 certificate to any applicant who: 361
543543 1. Meets the requirements of paragraphs (2)(a), (b), (d), 362
544544 (e), and (f). 363
545545 2. Completes the subject area content requirements 364
546546 specified in state board rule or demonstrates mastery of sub ject 365
547547 area knowledge as provided in subsection (5). 366
548548 (e) A person who is issued a temporary certificate under 367
549549 paragraph (b) must be assigned a teacher mentor for a minimum of 368
550550 2 school years after commencing employment. Each teacher mentor 369
551551 selected by the school district, charter school, or charter 370
552552 management organization must: 371
553553 1. Hold a valid professional certificate issued pursuant 372
554554 to this section; 373
555555 2. Have earned at least 3 years of teaching experience in 374
556556 prekindergarten through grade 12; and 375
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565565 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566566
567567
568568
569569 3. Have earned an effective or highly effective rating on 376
570570 the prior year's performance evaluation under s. 1012.34. 377
571571 (f)1.(e) A temporary certificate issued under paragraph 378
572572 (b) is valid for 5 school fiscal years and is nonrenewable. 379
573573 2. A temporary apprenticesh ip certificate issued under 380
574574 paragraph (d) is valid for 5 school years, may be issued only 381
575575 once, and is nonrenewable. 382
576576 383
577577 At least 1 year before an individual's temporary certificate is 384
578578 set to expire, the department shall electronically notify the 385
579579 individual of the date on which his or her certificate will 386
580580 expire and provide a list of each method by which the 387
581581 qualifications for a professional certificate can be completed. 388
582582 The State Board of Education shall adopt rules to allow the 389
583583 department to extend the valid ity period of a temporary 390
584584 certificate for 2 years when the requirements for the 391
585585 professional certificate were not completed due to the serious 392
586586 illness or injury of the applicant, the military service of an 393
587587 applicant's spouse, other extraordinary extenuatin g 394
588588 circumstances, or if the certificateholder is rated highly 395
589589 effective in the immediate prior year's performance evaluation 396
590590 pursuant to s. 1012.34 or has completed a 2 -year mentorship 397
591591 program pursuant to subsection (8). The department shall extend 398
592592 the temporary certificate upon approval by the Commissioner of 399
593593 Education. A written request for extension of the certificate 400
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602602 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603603
604604
605605
606606 shall be submitted by the district school superintendent, the 401
607607 governing authority of a university lab school, the governing 402
608608 authority of a state-supported school, or the governing 403
609609 authority of a private school. 404
610610 Section 8. Paragraph (d) is added to subsection (3) of 405
611611 section 1012.59, Florida Statutes, to read: 406
612612 1012.59 Certification fees. — 407
613613 (3) The State Board of Education shall waive ini tial 408
614614 general knowledge, professional education, and subject area 409
615615 examination fees and certification fees for: 410
616616 (d) A retired first responder, which includes a law 411
617617 enforcement officer as defined in s. 943.10(1), a firefighter as 412
618618 defined in s. 633.102(9), o r an emergency medical technician or 413
619619 paramedic as defined in s. 401.23. 414
620620 Section 9. Section 1012.715, Florida Statutes, is created 415
621621 to read: 416
622622 1012.715 Heroes in the Classroom Bonus Program. — 417
623623 (1) PURPOSE.—Subject to legislative appropriation, the 418
624624 Department of Education must provide a one -time sign-on bonus, 419
625625 as provided in the General Appropriations Act, to retired first 420
626626 responders and veterans who commit to joining the teaching 421
627627 profession as a full -time classroom teacher. A retired first 422
628628 responder or veteran may receive an additional bonus for 423
629629 teaching a course in a critical teacher shortage area as defined 424
630630 in s. 1012.07. 425
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639639 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640640
641641
642642
643643 (2) DEFINITIONS.—As used in this section, the term: 426
644644 (a) "Retired first responder" means an individual who can 427
645645 document his or her full retirement as a law enforcement officer 428
646646 as defined in s. 943.10(1), a firefighter as defined in s. 429
647647 633.102(9), or an emergency medical technician or paramedic as 430
648648 defined in s. 401.23. 431
649649 (b) "Veteran" has the same meaning as in s. 1.01(14). 432
650650 (3) ELIGIBILITY.—To be eligible to receive a bonus under 433
651651 this section, an individual must: 434
652652 (a) As applicable, document that he or she has not been 435
653653 the subject of any disciplinary action during the most recent 5 436
654654 years of his or her employment. For purposes of thi s paragraph, 437
655655 the term "disciplinary action" includes suspensions, dismissals, 438
656656 and involuntary demotions associated with disciplinary actions; 439
657657 (b) Document his or her honorable discharge from the 440
658658 military; 441
659659 (c) Document receipt of a professional certific ate or 442
660660 temporary certificate under s. 1012.56(7)(a) and (b)1., 443
661661 respectively; and 444
662662 (d) Commit to maintaining employment with the district or 445
663663 charter school for a minimum of 2 school years. 446
664664 (4) DEPARTMENT DUTIES. —The Department of Education shall 447
665665 administer the bonus program. At a minimum, the department 448
666666 shall: 449
667667 (a) Establish a method for determining the estimated 450
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676676 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677677
678678
679679
680680 number of eligible military veterans and first responders hired 451
681681 in the applicable fiscal year. 452
682682 (b) Establish additional minimum crite ria necessary to 453
683683 receive the bonus. 454
684684 (c) Establish an estimated cost to the department 455
685685 associated with developing and administering the program. 456
686686 (d) Establish a method by which a teacher must reimburse 457
687687 the state if he or she receives the bonus payment u nder the 458
688688 program but fails to maintain continuous employment for the 459
689689 required 2-year school period. 460
690690 (e) Identify critical teacher shortage areas in which a 461
691691 military veteran or retired first responder who teaches may be 462
692692 eligible for an additional bonus. 463
693693 (5) DISTRICT DUTIES. —A school district that hires eligible 464
694694 participants must: 465
695695 (a) Provide any necessary information requested by the 466
696696 department. 467
697697 (b) Notify, in a manner established by the department, 468
698698 eligible employees for whom such employment may imp act their 469
699699 pension from a previous position. 470
700700 (6) RULES.—The State Board of Education may adopt rules to 471
701701 implement this section. 472
702702 Section 10. Chapter 1015, Florida Statutes, consisting of 473
703703 ss. 1015.01-1015.06, Florida Statutes, is created and entitled 474
704704 "Teachers' Bill of Rights." 475
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713713 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714714
715715
716716
717717 Section 11. Section 1015.01, Florida Statutes, is created 476
718718 to read: 477
719719 1015.01 Short title. —This section and ss. 1015.02 -1015.06 478
720720 may be cited as the "Teachers' Bill of Rights." 479
721721 Section 12. Section 1015.02, Florida Statutes, is created 480
722722 to read: 481
723723 1015.02 Legislative findings. —The Legislature finds that 482
724724 education is critically important in the development of children 483
725725 in this state. The Legislature additionally recognizes the 484
726726 supreme importance of having high -quality teachers in the 485
727727 classroom. Further, the Legislature finds it is necessary to 486
728728 establish a clear set of rights for teachers regarding their 487
729729 profession and classrooms. 488
730730 Section 13. Section 1015.03, Florida Statutes, is created 489
731731 to read: 490
732732 1015.03 Rights of employment. — 491
733733 (1) Pursuant to s. 447.301 and s. 6., Art. I of the State 492
734734 Constitution, the right of public employees, including teachers, 493
735735 to work may not be denied or abridged on account of membership 494
736736 or nonmembership in any labor union. 495
737737 (2)(a) A teacher, except in cases of excessive force or 496
738738 cruel and unusual punishment, may not be held civilly or 497
739739 criminally liable for actions carried out in conformity with 498
740740 State Board of Education rules. Pursuant to s. 1012.75, a 499
741741 teacher shall have access to liability coverage, su bject to the 500
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750750 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751751
752752
753753
754754 General Appropriations Act, through the educator liability 501
755755 insurance program. 502
756756 (b) Pursuant to s. 1012.26, a teacher may receive a 503
757757 reimbursement of reasonable expenses for legal services from his 504
758758 or her school district if the teacher is charg ed with civil or 505
759759 criminal actions arising out of and in the course of the 506
760760 performance of assigned duties and responsibilities. 507
761761 (3) All students and public K -20 educational institution 508
762762 employees, including teachers, have the right to be free from 509
763763 discrimination in public K -20 educational institutions. 510
764764 (4) Pursuant to s. 1012.56, teachers must be provided 511
765765 multiple pathways to earn an educator certificate. 512
766766 Section 14. Section 1015.04, Florida Statutes, is created 513
767767 to read: 514
768768 1015.04 Right to con tinuing education.— 515
769769 (1) Teachers are guaranteed a coordinated system of 516
770770 professional development with the goals of increasing student 517
771771 achievement, enhancing classroom instruction, and preparing 518
772772 students for continuing their education or joining the 519
773773 workforce. Pursuant to s. 1012.98, the Department of Education, 520
774774 public postsecondary educational institutions, public school 521
775775 districts, public schools, state education foundations, 522
776776 consortia, and professional organizations must work 523
777777 collaboratively to provide a coordinated system of professional 524
778778 development. 525
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787787 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788788
789789
790790
791791 (2) Pursuant to s. 1009.26(10), teachers employed by a 526
792792 school district may receive a waiver for tuition and fees for up 527
793793 to 6 credit hours per term at a state university or Florida 528
794794 College System institutio n. 529
795795 Section 15. Section 1015.05, Florida Statutes, is created 530
796796 to read: 531
797797 1015.05 Right to control the classroom. — 532
798798 (1) In accordance with state board rules and general law, 533
799799 a teacher has the authority to control and discipline students 534
800800 in his or her classroom and in other places in which the teacher 535
801801 is assigned to be in charge of students. Pursuant to s. 1003.32 536
802802 and in order to provide an orderly and safe learning environment 537
803803 for students, a teacher may: 538
804804 (a) Establish classroom rules of conduct. 539
805805 (b) Establish and implement consequences, which are 540
806806 designed to change behavior, for infractions of classroom rules 541
807807 of conduct. 542
808808 (c) Have disobedient, disrespectful, violent, abusive, 543
809809 uncontrollable, or disruptive students removed from the 544
810810 classroom for behavior management intervention. 545
811811 (d) Have violent, abusive, uncontrollable, or disruptive 546
812812 students directed to appropriate school or district school board 547
813813 personnel for information and assistance. 548
814814 (e) Assist in enforcing school rules on school property, 549
815815 during school-sponsored transportation, and during school -550
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824824 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825825
826826
827827
828828 sponsored activities. 551
829829 (f) Request and receive information relating to the 552
830830 disposition of any referrals to administration for a violation 553
831831 of classroom rules of conduct or school rules. 554
832832 (g) Request and receive immediate assistance in classroom 555
833833 management if a student becomes uncontrollable or in the case of 556
834834 an emergency. 557
835835 (h) Request and receive training and other assistance to 558
836836 improve his or her skills in classroom management, violence 559
837837 prevention, conflict resolution, and related areas. 560
838838 (i) Press charges if there is a reason to believe that a 561
839839 crime has been committed on school property, during school -562
840840 sponsored transportation, or during school -sponsored activities. 563
841841 (j) Use reasonable force, ac cording to standards adopted 564
842842 by the State Board of Education, to protect himself or herself 565
843843 or others from injury. 566
844844 (2) For purposes of this section, in cases in which a 567
845845 teacher faces litigation or professional practices sanctions for 568
846846 an action taken purs uant to subsection (1), there is a 569
847847 rebuttable presumption that a teacher was taking necessary 570
848848 action to restore or maintain the safety or educational 571
849849 atmosphere of his or her classroom. 572
850850 Section 16. Section 1015.06, Florida Statutes, is created 573
851851 to read: 574
852852 1015.06 Right to direct classroom instruction. — 575
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861861 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862862
863863
864864
865865 (1)(a) In accordance with general law and State Board of 576
866866 Education rules, a teacher has the right to direct his or her 577
867867 classroom instruction. If a teacher is directed by his or her 578
868868 school district or sch ool to violate general law or state board 579
869869 rules, he or she may request the Commissioner of Education to 580
870870 appoint a special magistrate who is a member of The Florida Bar 581
871871 in good standing and who has at least 5 years' experience in 582
872872 administrative law. The spe cial magistrate shall determine facts 583
873873 relating to the dispute over the school district procedure or 584
874874 practice, consider information provided by the teacher and the 585
875875 school district, and render a recommended decision for 586
876876 resolution to the state board within 3 0 days after receipt of 587
877877 the request by the teacher. 588
878878 (b) The state board must approve or reject the special 589
879879 magistrate's recommended decision at its next scheduled board 590
880880 meeting. The costs of the special magistrate must be borne by 591
881881 the school district. 592
882882 (c) If the school district is found in violation of 593
883883 general law or state board rules, the state board may withhold 594
884884 the salary of the superintendent until the violation is 595
885885 corrected. 596
886886 (2) Pursuant to s. 1008.25, a teacher has the right to 597
887887 receive student assessment data in a timely manner in order to 598
888888 assist in instruction. 599
889889 Section 17. This act shall take effect July 1, 2023. 600