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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
1
An act relating to K -12 teachers; requiring the 2
Commissioner of Education to take specified actions 3
relating to classroom teacher training requirements by 4
a specified date; amending s. 1001.20, F.S.; 5
authorizing the Office of Inspector General within the 6
Department of Education to investigate allegations and 7
reports of suspected violations of certain persons' 8
rights; amending s. 1003.32, F.S.; revising the 9
disciplinary actions a principal may impose on a 10
student; revising requirements for disciplinary 11
actions a principal may impose; amending s. 1009.26, 12
F.S.; revising the courses eligible for a fee waiver; 13
creating s. 1009.31, F.S.; establishing the Dual 14
Enrollment Educator Scholarship Program; providing 15
requirements for the department and the Board of 16
Governors in administering the program; providing 17
eligibility criteria for applicants; requiring 18
scholarship recipients to agree to specified 19
conditions; providing what the scholarship funds must 20
cover; providing that funding for the program is 21
contingent upon appropriation; requiring the State 22
Board of Education to adopt rules; creating s. 23
1012.555, F.S.; establishing the Teacher 24
Apprenticeship Program; providin g eligibility 25
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requirements for apprentice teachers; providing 26
requirements for mentor teachers; providing that a 27
mentor teacher may receive a bonus under specified 28
conditions; providing that an apprenticeship classroom 29
may exceed class size requirements up to a specified 30
limit; authorizing the state board to adopt rules; 31
amending s. 1012.56, F.S.; revising the validity 32
period for certain temporary certificates; amending s. 33
1012.59, F.S.; waiving specified certification 34
requirements for retired first respond ers; creating s. 35
1012.715, F.S.; establishing the Heroes in the 36
Classroom Bonus Program; providing that a retired 37
military veteran or first responder who becomes a 38
full-time classroom teacher may receive a one -time 39
bonus, subject to legislative appropriati on; defining 40
the terms "retired first responder" and "veteran"; 41
providing eligibility requirements for the bonus; 42
defining the term "disciplinary action"; providing 43
responsibilities for the department; providing 44
responsibilities for the school district; au thorizing 45
the state board to adopt rules; creating ch. 1015, 46
F.S., to be entitled "Teachers' Bill of Rights"; 47
creating s. 1015.01, F.S.; providing a short title; 48
creating s. 1015.02, F.S.; providing legislative 49
findings; creating s. 1015.03, F.S.; providin g that 50
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the right of certain employees to work may not be 51
denied or abridged by specified actions; providing 52
civil and criminal immunity for teachers under certain 53
circumstances; requiring that teachers have access to 54
certain liability coverage under certai n 55
circumstances; providing that teachers may receive 56
reimbursement of certain expenses under certain 57
circumstances; providing that certain persons have the 58
right to be free from discrimination; providing that 59
teachers must be provided multiple pathways to earn an 60
educator certificate; creating s. 1015.04, F.S.; 61
providing that teachers are guaranteed a coordinated 62
system of professional development; providing that 63
certain teachers may receive specified tuition and fee 64
waivers; creating s. 1015.05, F.S.; auth orizing 65
teachers to control and discipline students in their 66
classrooms and certain other places and to take 67
specified actions; creating a rebuttable presumption 68
for teachers under certain circumstances; creating s. 69
1015.06, F.S.; providing that teachers h ave the right 70
to direct their classroom instruction; authorizing 71
teachers to bring actions against school districts and 72
request the appointment of a special magistrate under 73
certain circumstances; providing requirements and 74
responsibilities for such magist rates; providing 75
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requirements for the state board; providing that 76
teachers have the right to receive certain data in a 77
timely manner; providing an effective date. 78
79
Be It Enacted by the Legislature of the State of Florida: 80
81
Section 1. By December 31, 2023, the Commissioner of 82
Education shall: 83
(1) Conduct a thorough and comprehensive review of all 84
classroom teacher training requirements in federal and state law 85
or rule and district policy. 86
(2) Assess all classroom teacher training requirements and 87
identify any duplicate federal and state training requirements. 88
(3) Evaluate any potential negative impacts of eliminating 89
certain classroom teacher training requirements in state law or 90
rule or district policy. 91
(4) Review all available literature rel ated to 92
comprehensive reviews of classroom teacher training requirements 93
in other states. 94
(5) Eliminate any classroom teacher training requirements 95
not required by federal or state law. 96
(6) Provide recommendations to the Legislature for 97
eliminating classroom teacher training requirements in state law 98
or rule or district policy. 99
Section 2. Paragraph (e) of subsection (4) of section 100
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1001.20, Florida Statutes, is amended to read: 101
1001.20 Department under direction of state board. — 102
(4) The Department of Education shall establish the 103
following offices within the Office of the Commissioner of 104
Education which shall coordinate their activities with all other 105
divisions and offices: 106
(e) Office of Inspector General. —Organized using existing 107
resources and funds and responsible for promoting 108
accountability, efficiency, and effectiveness and detecting 109
fraud and abuse within school districts, the Florida School for 110
the Deaf and the Blind, and Florida College System institutions 111
in Florida. If the Commissioner of Education determines that a 112
district school board, the Board of Trustees for the Florida 113
School for the Deaf and the Blind, or a Florida College System 114
institution board of trustees is unwilling or unable to address 115
substantiated allegations made by any person relating to waste, 116
fraud, or financial mismanagement within the school district, 117
the Florida School for the Deaf and the Blind, or the Florida 118
College System institution, the office must shall conduct, 119
coordinate, or request investigations into suc h substantiated 120
allegations. The office shall investigate allegations or reports 121
of possible fraud or abuse against a district school board made 122
by any member of the Cabinet; the presiding officer of either 123
house of the Legislature; a chair of a substantiv e or 124
appropriations committee with jurisdiction; or a member of the 125
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board for which an investigation is sought. The office may 126
investigate allegations or reports of suspected violations of a 127
student's, parent's, or teacher's rights. The office shall have 128
access to all information and personnel necessary to perform its 129
duties and shall have all of its current powers, duties, and 130
responsibilities authorized in s. 20.055. 131
Section 3. Subsection (3) of section 1003.32, Florida 132
Statutes, is amended to read: 133
1003.32 Authority of teacher; responsibility for control 134
of students; district school board and principal duties. —Subject 135
to law and to the rules of the district school board, each 136
teacher or other member of the staff of any school shall have 137
such authority for the control and discipline of students as may 138
be assigned to him or her by the principal or the principal's 139
designated representative and shall keep good order in the 140
classroom and in other places in which he or she is assigned to 141
be in charge of students. 142
(3) A teacher may send a student to the principal's office 143
to maintain effective discipline in the classroom and may 144
recommend an appropriate consequence consistent with the student 145
code of conduct under s. 1006.07. After determining that the 146
student has violated the student code of conduct, the principal 147
shall respond either by employing the teacher's recommended 148
consequence, or by imposing a more serious disciplinary action , 149
if the student's overall behavioral history of disruptive 150
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behavior warrants it. If the principal determines that a lesser 151
disciplinary action other than that recommended by the teacher 152
is appropriate, the principal should consult with the teacher 153
before prior to taking disciplinary action. If the principal 154
determines that the student has not violated the student code of 155
conduct, the principal may not impose any discipline. The 156
principal shall notify the teacher of any decision regarding 157
discipline, or lack thereof, and interventions provided to a 158
student to address the behavio r. If the principal deviates in 159
any way from the teacher's recommendation, the principal must 160
provide the reasons for any such deviation in writing to the 161
teacher. 162
Section 4. Subsection (18) of section 1009.26, Florida 163
Statutes, is amended to read: 164
1009.26 Fee waivers.— 165
(18)(a) For every course in a Program of Strategic 166
Emphasis, as identified in subparagraph 3., or a state-approved 167
teacher preparation program, in which a student is enrolled, a 168
state university shall waive 100 percent of the tuition and fees 169
for an equivalent course in such program for a student who: 170
1. Is a resident for tuition purposes under s. 1009.21. 171
2. Has earned at least 60 semester credit hours towards a 172
baccalaureate degree within 2 academic years after initial 173
enrollment at a Florida public postsecondary institution. 174
3. Enrolls in one of 10 Programs of Strategic Emphasis as 175
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adopted by the Board of Governors or a state-approved teacher 176
preparation program. The Board of Governors shall adopt eight 177
Programs of Strategic E mphasis in science, technology, 178
engineering, or math and, beginning with the 2022 -2023 academic 179
year, two Programs of Strategic Emphasis in the critical 180
workforce gap analysis category for which a student may be 181
eligible to receive the tuition and fee waiv er authorized by 182
this subsection. The programs identified by the board must 183
reflect the priorities of the state and be offered at a majority 184
of state universities. 185
(b) A waiver granted under this subsection is applicable 186
only for upper-level courses and up to 110 percent of the number 187
of required credit hours of the baccalaureate degree program for 188
which the student is enrolled. 189
(c) Upon enrollment in a Program of Strategic Emphasis or 190
a state-approved teacher preparation program , the tuition and 191
fees waived under this subsection must be reported for state 192
funding purposes under ss. 1009.534 and 1009.535 and must be 193
disbursed to the student. The amount disbursed to the student 194
must shall be equal to the award amount the student has received 195
under s. 1009.534(2) or s. 1009.535(2). 196
(d) Each state university shall report to the Board of 197
Governors the number and value of all waivers granted annually 198
under this subsection. A state university in compliance with 199
this subsection may earn incentive funding, subject to 200
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appropriation, in addition to the funding provided under s. 201
1001.92. 202
(e) The Board of Governors shall adopt regulations to 203
administer this subsection. 204
Section 5. Section 1009.31, Florida Statutes, is created 205
to read: 206
1009.31 Dual Enrollm ent Educator Scholarship Program. — 207
(1) The Dual Enrollment Educator Scholarship Program is 208
established to assist teachers of grades 9 -12 in public schools 209
in this state in obtaining the graduate degree and credentials 210
necessary to provide dual enrollment coursework directly to 211
students on the campuses of such schools. 212
(2) The Department of Education shall: 213
(a) Administer the scholarship program in accordance with 214
rules adopted by the State Board of Education. 215
(b) In consultation with the Board of Go vernors, identify 216
graduate-level degree programs offered at state universities 217
which meet accrediting agency requirements for teaching general 218
education core courses, as identified in s. 1007.25. The 219
department shall provide the list of approved degree pro grams to 220
school districts and post it on its website. 221
(c) In consultation with the Board of Governors, identify 222
qualified degree programs that are available entirely online. 223
(d) Identify and prioritize districts for participation in 224
the scholarship program based on each district's ratio of 225
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students from low-income and moderate-income households, the 226
availability of dual enrollment courses in the district, and the 227
geographic proximity of high schools in the district to 228
participating postsecondary institu tions. 229
(e) Prioritize scholarship program applicants who are 230
currently enrolled in an approved graduate program at a state 231
university. 232
(f) Identify school districts with the highest need for 233
teachers, as described in subsection (1), in which participan ts 234
completing the scholarship program may teach to satisfy the 235
requirement imposed by subparagraph (4)(a)3. 236
(3) A scholarship applicant must satisfy the following 237
eligibility criteria: 238
(a) Be a certified teacher of grades 9 -12 in a public 239
school in this state. 240
(b) Be accepted into, or currently enrolled in, an 241
approved graduate program in a subject within his or her area of 242
certification, as identified pursuant to paragraph (2)(b). 243
(4)(a) As a condition of receiving a scholarship, the 244
recipient must agree to do all of the following: 245
1. Complete the graduate degree program and additional 246
required credentials within 3 academic years of the initial 247
award. 248
2. Upon completion of the degree, teach at least one 249
general education core course, as identifi ed in s. 1007.25, per 250
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semester at a public school mutually agreed upon by the school 251
district and the postsecondary institution. The recipient may 252
teach additional courses at the school upon the approval of the 253
school district and the postsecondary institu tion. 254
3. Remain in his or her district, or an eligible district 255
as identified by the Department of Education, as a certified 256
classroom teacher for at least 3 school years after completion 257
of his or her degree. 258
(b) A scholarship recipient who does not complete an 259
identified degree, or who does not complete at least 3 school 260
years of service after the completion of an identified degree, 261
must repay the amount of the scholarship to the Department of 262
Education on a schedule determined by the department. The 263
department may provide the teacher additional time to meet his 264
or her service requirement if the department finds that 265
circumstances beyond the control of the teacher caused or 266
contributed to his or her failure to complete the degree or meet 267
the service requirement. 268
(5) The scholarship must cover the full cost of tuition 269
and fees, including a book stipend each semester, required to 270
complete the teacher's program. 271
(6) Funding for the Dual Enrollment Educator Sch olarship 272
Program is contingent upon the appropriation of funds in the 273
General Appropriations Act. 274
(7) The State Board of Education shall adopt rules to 275
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implement this section. 276
Section 6. Section 1012.555, Florida Statutes, is created 277
to read: 278
1012.555 Teacher Apprenticeship Program. — 279
(1) The Teacher Apprenticeship Program is established to 280
create an alternative pathway for individuals to enter the 281
teaching profession. The Department of Education shall 282
administer the program in accordance with s. 4 46.011. 283
(2)(a) An individual must meet the following minimum 284
eligibility requirements to participate in the apprenticeship 285
program: 286
1. Have received an associate degree from an accredited 287
postsecondary institution. 288
2. Have earned a cumulative grade p oint average of 3.0 in 289
that degree program. 290
3. Have successfully passed a background screening as 291
provided in s. 1012.32. 292
4. Have received a temporary apprenticeship certificate as 293
provided in s. 1012.56(7)(d). 294
(b) As a condition of participating in the program, an 295
apprentice teacher must commit to spending the first 2 years in 296
the classroom of a mentor teacher using team teaching strategies 297
identified in s. 1003.03(5)(b) and fulfilling the on -the-job 298
training component of the registered apprenticeshi p and its 299
associated standards. 300
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(c) An apprentice teacher must do both of the following: 301
1. Complete 2 years in an apprenticeship before being 302
eligible to apply for a professional certificate established in 303
s. 1012.56(7)(a). Completion of the Teacher A pprenticeship 304
Program does not exempt an apprentice teacher from the 305
requirements of s. 1012.56(2)(c). 306
2. Receive related instruction as provided in s. 446.051. 307
(d) An apprentice teacher must be appointed by the 308
district school board as an education pa raprofessional and must 309
be paid in accordance with s. 446.032 and rules adopted by the 310
State Board of Education. 311
(e) An apprentice teacher may change schools or districts 312
after the first year of his or her apprenticeship if the hiring 313
school or district has agreed to fund the remaining year of the 314
apprenticeship. 315
(3) A teacher who serves as a mentor in the apprenticeship 316
program shall mentor his or her apprentice teacher using team 317
teaching strategies and must, at a minimum, meet all of the 318
following requirements: 319
(a) Have at least 7 years of teaching experience in this 320
state. 321
(b) Have received an aggregate score of highly effective 322
on the three most recent available value -added model (VAM) 323
scores, as used by the department, or have received an aggre gate 324
score of highly effective on the three most recent available 325
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performance evaluations if the teacher does not generate a state 326
VAM score. 327
(c) Satisfy any other requirements established by the 328
department. 329
(4) Subject to legislative appropriation, a teacher who 330
serves as a mentor in the apprenticeship program may receive a 331
bonus, as specified in this subsection. If such funding is 332
available: 333
(a) The district school board must pay a teacher who 334
serves as a mentor 50 percent of the bonus amount upon 335
completion of the first year of the apprenticeship. 336
(b) The district school board must pay a teacher who 337
serves as a mentor the remainder of the bonus at the conclusion 338
of the apprenticeship if: 339
1. The teacher successfully guides his or her apprentice 340
to completion of the apprenticeship program; 341
2. Upon completion of the apprenticeship program, his or 342
her apprentice is hired by a school district or charter school 343
in this state; and 344
3. The teacher meets any additional requirements imposed 345
by state board rule. 346
(5) A class in which an apprenticeship is conducted may 347
exceed the class size limitation imposed in s. 1003.03(1) up to 348
1.5 times the allowable number of students under that 349
subsection. 350
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(6) The State Board of Education may adopt rules to 351
implement this section. 352
Section 7. Paragraph (d) and present paragraph (e) of 353
subsection (7) of section 1012.56, Florida Statutes, as amended 354
by chapter 2023-16, Laws of Florida, are amended, and a new 355
paragraph (e) and paragraph (f) are added to that subsection, to 356
read: 357
1012.56 Educator certification requirements. — 358
(7) TYPES AND TERMS OF CERTIFICATION. — 359
(d) The department shall issue a temporary apprenticeship 360
certificate to any applicant who: 361
1. Meets the requirements of paragraphs (2)(a), ( b), (d), 362
(e), and (f). 363
2. Completes the subject area content requirements 364
specified in state board rule or demonstrates mastery of subject 365
area knowledge as provided in subsection (5). 366
(e) A person who is issued a temporary certificate under 367
paragraph (b) must be assigned a teacher mentor for a minimum of 368
2 school years after commencing employment. Each teacher mentor 369
selected by the school district, charter school, or charter 370
management organization must: 371
1. Hold a valid professional certificate issu ed pursuant 372
to this section; 373
2. Have earned at least 3 years of teaching experience in 374
prekindergarten through grade 12; and 375
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3. Have earned an effective or highly effective rating on 376
the prior year's performance evaluation under s. 1012.34. 377
(f)1.(e) A temporary certificate issued under paragraph 378
(b) is valid for 5 school fiscal years and is nonrenewable. 379
2. A temporary apprenticeship certificate issued under 380
paragraph (d) is valid for 5 school years, may be issued only 381
once, and is nonrenewable. 382
383
At least 1 year before an individual's temporary certificate is 384
set to expire, the department shall electronically notify the 385
individual of the date on which his or her certificate will 386
expire and provide a list of each method by which the 387
qualifications for a professional certificate can be completed. 388
The State Board of Education shall adopt rules to allow the 389
department to extend the validity period of a temporary 390
certificate for 2 years when the requirements for the 391
professional certificate were not comple ted due to the serious 392
illness or injury of the applicant, the military service of an 393
applicant's spouse, other extraordinary extenuating 394
circumstances, or if the certificateholder is rated highly 395
effective in the immediate prior year's performance evaluat ion 396
pursuant to s. 1012.34 or has completed a 2 -year mentorship 397
program pursuant to subsection (8). The department shall extend 398
the temporary certificate upon approval by the Commissioner of 399
Education. A written request for extension of the certificate 400
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shall be submitted by the district school superintendent, the 401
governing authority of a university lab school, the governing 402
authority of a state -supported school, or the governing 403
authority of a private school. 404
Section 8. Paragraph (d) is added to subsect ion (3) of 405
section 1012.59, Florida Statutes, to read: 406
1012.59 Certification fees. — 407
(3) The State Board of Education shall waive initial 408
general knowledge, professional education, and subject area 409
examination fees and certification fees for: 410
(d) A retired first responder, which includes a law 411
enforcement officer as defined in s. 943.10(1), a firefighter as 412
defined in s. 633.102(9), or an emergency medical technician or 413
paramedic as defined in s. 401.23. 414
Section 9. Section 1012.715, Florida Statute s, is created 415
to read: 416
1012.715 Heroes in the Classroom Bonus Program. — 417
(1) PURPOSE.—Subject to legislative appropriation, the 418
Department of Education must provide a one -time sign-on bonus, 419
as provided in the General Appropriations Act, to retired firs t 420
responders and veterans who commit to joining the teaching 421
profession as a full -time classroom teacher. A retired first 422
responder or veteran may receive an additional bonus for 423
teaching a course in a critical teacher shortage area as defined 424
in s. 1012.07. 425
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(2) DEFINITIONS.—As used in this section, the term: 426
(a) "Retired first responder" means an individual who can 427
document his or her full retirement as a law enforcement officer 428
as defined in s. 943.10(1), a firefighter as defined in s. 429
633.102(9), or an emergency medical technician or paramedic as 430
defined in s. 401.23. 431
(b) "Veteran" has the same meaning as in s. 1.01(14). 432
(3) ELIGIBILITY.—To be eligible to receive a bonus under 433
this section, an individual must: 434
(a) As applicable, document that he or she has not been 435
the subject of any disciplinary action during the most recent 5 436
years of his or her employment. For purposes of this paragraph, 437
the term "disciplinary action" includes suspensions, dismissals, 438
and involuntary demotions associated with disciplinary actions; 439
(b) Document his or her honorable discharge from the 440
military; 441
(c) Document receipt of a professional certificate or 442
temporary certificate under s. 1012.56(7)(a) and (b)1., 443
respectively; and 444
(d) Commit to maintaining employment with the district or 445
charter school for a minimum of 2 school years. 446
(4) DEPARTMENT DUTIES. —The Department of Education shall 447
administer the bonus program. At a minimum, the department 448
shall: 449
(a) Establish a method for determining the estimated 450
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number of eligible military veterans and first responders hired 451
in the applicable fiscal year. 452
(b) Establish additional minimum criteria necessary to 453
receive the bonus. 454
(c) Establish an estimated cost to the department 455
associated with developing and administering the program. 456
(d) Establish a method by which a teacher must reimburse 457
the state if he or she receives the bonus payment under the 458
program but fails to maintain continuous employment for the 459
required 2-year school period. 460
(e) Identify critical teacher shortage areas in which a 461
military veteran or retired first responder who teaches may be 462
eligible for an additional bonus. 463
(5) DISTRICT DUTIES. —A school district that hires eligible 464
participants must: 465
(a) Provide any necessary information requested by the 466
department. 467
(b) Notify, in a manner established by the department, 468
eligible employees for whom such employment may impact their 469
pension from a previous position. 470
(6) RULES.—The State Board of Education may adopt rules to 471
implement this section. 472
Section 10. Chapter 1015, Florida Statutes, consisting of 473
ss. 1015.01-1015.06, Florida Statutes, is created and entitled 474
"Teachers' Bill of Rights." 475
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Section 11. Section 1015.01, Florida Statutes, is created 476
to read: 477
1015.01 Short title. —This section and ss. 1015.02 -1015.06 478
may be cited as the "Teachers' Bill of Rights." 479
Section 12. Section 1015.02, Florida Statutes, is created 480
to read: 481
1015.02 Legislative findings. —The Legislature finds that 482
education is critically important in the development of children 483
in this state. The Legislature additionally recognizes the 484
supreme importance of having high -quality teachers in the 485
classroom. Further, the Legislature finds it is necessary to 486
establish a clear set of rights for teachers regarding their 487
profession and classrooms. 488
Section 13. Section 1015.03, Florida Statutes, is created 489
to read: 490
1015.03 Rights of employment. — 491
(1) Pursuant to s. 447.301 and s. 6., Art. I of the State 492
Constitution, the right of public employees, including teachers, 493
to work may not be denied or abridged on account of membership 494
or nonmembership in any labor union. 495
(2)(a) A teacher, except in cases of excessive force or 496
cruel and unusual punishment, may not be held civilly or 497
criminally liable for actions carried out in conformity with 498
State Board of Education rules. Pursuant to s. 1012.75, a 499
teacher shall have access to liability coverage, subject to the 500
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General Appropriations Act, through the educator liability 501
insurance program. 502
(b) Pursuant to s. 1012.26, a teacher may receive a 503
reimbursement of reasonable expenses for legal services from his 504
or her school district if the teacher is charged with civil or 505
criminal actions arising out of and in the co urse of the 506
performance of assigned duties and responsibilities. 507
(3) All students and public K -20 educational institution 508
employees, including teachers, have the right to be free from 509
discrimination in public K -20 educational institutions. 510
(4) Pursuant to s. 1012.56, teachers must be provided 511
multiple pathways to earn an educator certificate. 512
Section 14. Section 1015.04, Florida Statutes, is created 513
to read: 514
1015.04 Right to continuing education. — 515
(1) Teachers are guaranteed a coordinated system of 516
professional development with the goals of increasing student 517
achievement, enhancing classroom instruction, and preparing 518
students for continuing their education or joining the 519
workforce. Pursuant to s. 1012.98, the Department of Education, 520
public postsecondary educational institutions, public school 521
districts, public schools, state education foundations, 522
consortia, and professional organizations must work 523
collaboratively to provide a coordinated system of professional 524
development. 525
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(2) Pursuant to s. 1009.26(10), teachers employed by a 526
school district may receive a waiver for tuition and fees for up 527
to 6 credit hours per term at a state university or Florida 528
College System institution. 529
Section 15. Section 1015.05, Florida Statutes, is created 530
to read: 531
1015.05 Right to control the classroom. — 532
(1) In accordance with state board rules and general law, 533
a teacher has the authority to control and discipline students 534
in his or her classroom and in other places in which the teacher 535
is assigned to be in charge of students. Pursuant to s. 1003.32 536
and in order to provide an orderly and safe learning environment 537
for students, a teacher may: 538
(a) Establish classroom rules of conduct. 539
(b) Establish and implement consequences, which are 540
designed to change behavior, for infractions of classroom rules 541
of conduct. 542
(c) Have disobedient, disrespectful, violent, abusive, 543
uncontrollable, or disruptive students removed from the 544
classroom for behavior management intervention. 545
(d) Have violent, abusive, uncontrollable, or disruptive 546
students directed to appropriate school or district school board 547
personnel for information and assistance. 548
(e) Assist in enforcing school rules on school property, 549
during school-sponsored transportation, and during school-550
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sponsored activities. 551
(f) Request and receive information relating to the 552
disposition of any referrals to administration for a violation 553
of classroom rules of conduct or school rules. 554
(g) Request and receive immediate assistance in classroom 555
management if a student becomes uncontrollable or in the case of 556
an emergency. 557
(h) Request and receive training and other assistance to 558
improve his or her skills in classroom management, violence 559
prevention, conflict resolution, and related areas. 560
(i) Press charges if there is a reason to believe that a 561
crime has been committed on school property, during school -562
sponsored transportation, or during school -sponsored activities. 563
(j) Use reasonable force, according to standards adopted 564
by the State Board of Education, to protect himself or herself 565
or others from injury. 566
(2) For purposes of this section, in cases in which a 567
teacher faces litigation or professional practices sanctions for 568
an action taken pursuant to subsection (1), there is a 569
rebuttable presumption that a teacher was taking necessary 570
action to restore or maintain the safety or educational 571
atmosphere of his or her classroom. 572
Section 16. Section 1015.06, Florida Statutes, is created 573
to read: 574
1015.06 Right to direct classroom instruction. — 575
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(1)(a) In accordance with general law and State Board of 576
Education rules, a teacher has the right to direct his or her 577
classroom instruction. If a teacher is directed by his or her 578
school district or school to violate general law or state board 579
rules, he or she may request the Commissioner of Education to 580
appoint a special magistrate who is a member of The Florida Bar 581
in good standing and who has at least 5 years' experience in 582
administrative law. The special magistrate shall determine facts 583
relating to the dispute over the school district procedure or 584
practice, consider information provided by the teacher and the 585
school district, and render a recommended decision for 586
resolution to the state board within 30 days after receipt of 587
the request by the teacher. 588
(b) The state board must approve or reject the special 589
magistrate's recommended decision at its next scheduled board 590
meeting. The costs of the special magistrate must be borne by 591
the school district. 592
(c) If the school district is found in violation of 593
general law or state board rules, the state board may withhold 594
the salary of the superintendent until the violation is 595
corrected. 596
(2) Pursuant to s. 1008.25, a teacher has the right to 597
receive student assessment data in a timely manner in order to 598
assist in instruction. 599
Section 17. This act shall take effect July 1, 2023. 600