The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Appropriations
BILL: SB 244
INTRODUCER: Senators Calatayud and Perry
SUBJECT: K-12 Teachers
DATE: March 27, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Sagues Bouck ED Favorable
2. Gray Elwell AED Favorable
3. Gray Sadberry AP Pre-meeting
I. Summary:
SB 244 expands opportunities for teacher recruitment and retention, and clarifies teachers’ rights.
Specifically in the areas of teacher recruitment and retention, the bill:
Authorizes state-approved teacher preparation programs to be eligible for the buy-one-get-
one tuition and fee waiver for qualified students.
Establishes the Dual Enrollment Educator Scholarship Program to assist Florida public high
school teachers in obtaining the graduate degree and credentials necessary to provide dual
enrollment coursework directly to students on a Florida high school campus.
Establishes the Teacher Apprenticeship Program as alternative pathway for individuals to
enter the teaching profession, and authorizes a temporary apprenticeship certificate.
Authorizes the receipt of a master’s degree or higher to satisfy specified educator subject area
certification requirements.
Waives teacher certification initial exam and certification fees for a retired first responder.
Establishes the Heroes in the Classroom Bonus Program to provide a one-time sign-on bonus
to retired first responders and veterans who become a full-time classroom teacher.
The bill creates chapter 1015 of the Florida Statutes to catalog a number of teachers’ rights that
are currently guaranteed in law regarding employment, continuing education, controlling the
classroom, directing classroom instruction, and receiving timely assessment data.
However, the bill creates a new pathway for objections by teachers who believe the school
district has directed him or her to violate state law or State Board of Education (SBE) rule. The
bill authorizes the teacher to request an investigation by a special magistrate, who will report
findings to the SBE.
The fiscal impact of the bill is indeterminate at this time. See Section V.
REVISED: BILL: SB 244 Page 2
The bill takes effect on July 1, 2023.
II. Present Situation:
The Present Situation is presented under Section III, Effect of Proposed Changes.
III. Effect of Proposed Changes:
Office of Inspector General
Present Situation
The Office of Chief Inspector General (CIG) is responsible for promoting accountability,
integrity, and efficiency in agencies under the Governor’s jurisdiction. The CIG also monitors
the activities of the agency inspectors general under the Governor’s jurisdiction.
1
Authorized under s. 20.055, F.S., an Office of Inspector General (OIG) is established in each
state agency to provide a central point for the coordination and responsibility for activities that
promote accountability, integrity, and efficiency in government. Agency OIG duties include:
Assessing agency performance measures and standards, and evaluating agency actions to
improve performance.
Supervising and coordinating audits, investigations, and reviews relating to the programs and
operations of the state agency; and
Conducting, supervising, or coordinating activities to prevent and detect fraud and abuse in
agency programs and operations.
2
The OIG in the Florida Department of Education (FDOE) is responsible for promoting
accountability, efficiency, and effectiveness and detecting fraud and abuse within school
districts, the Florida School for the Deaf and the Blind (FSDB), and Florida College System
(FCS) institutions in Florida. The OIG is authorized to conduct, coordinate, or request
investigations into substantiated allegations of waste, fraud, or financial mismanagement if the
Commissioner of Education determines a school district, the FSDB, or an FCS institution is
unwilling to address allegations. The office must also investigate allegations or reports of
possible fraud or abuse against a district school board made by any member of the Cabinet; the
presiding officer of either house of the Legislature; a chair of a substantive or appropriations
committee with jurisdiction; or a member of the board for which an investigation is sought.
3
Effect of Proposed Changes
The bill amends s. 1001.20, F.S., to expand the scope of FDOE OIG investigations by
authorizing the Office of Inspector General to investigate allegations or reports of suspected
violations of a student’s, a parent’s, or a teacher’s rights.
1
Section 14.32, F.S.
2
Section 20.055, F.S.
3
Section 1001.20(4)(e), F.S. BILL: SB 244 Page 3
Postsecondary Tuition and Fees
Present Situation
Under Florida law, “tuition” is defined as the basic fee charged to a student for instruction
provided by a public postsecondary educational institution in the state.
4
Florida law provides that
all students enrolled in college credit programs at state universities will be charged fees, except
students that are exempt or those whose fees are waived.
The resident undergraduate tuition rate for the State University System (SUS) is currently set in
statute at $105.07 per credit hour.
5
The average tuition and fees per credit hour are $199.72.
6
Florida law provides for waivers from specified fees to certain students who meet identified
criteria. Some waivers are mandatory, while others are permissive. For example, an SUS or FCS
institution may waive tuition and fees for a classroom teacher who is employed full-time by a
school district and who meets the established academic requirements, up to 6 credit hours per
term on a space-available basis in undergraduate courses approved by the FDOE. Such courses
must be limited to undergraduate courses related to special education, mathematics, or science.
Buy One, Get One Free Tuition & Fee Waiver
SUS institutions must provide a “buy one, get one free” (BOGO) tuition and fee waiver on
upper-level courses in one of ten science, technology, engineering, or math (STEM) programs of
strategic emphasis (PSE), as adopted by the Board of Governors (BOG). Specifically, for every
course in a qualifying PSE in which a student is enrolled, a state university must waive 100
percent of the tuition and fees for an equivalent course in such program. To be eligible, a student
must:
Be a resident for tuition purposes;
7
Earn at least 60 semester credit hours towards a baccalaureate degree within two academic
years after initial enrollment at a Florida public postsecondary institution; and
Be enrolled in one of 10 STEM PSE.
8
On June 22, 2021, the BOG adopted eight programs for the BOGO fee waiver: Civil
Engineering, Computer + Information Science, Computer Engineering, Electrical + Electronics
Engineering, Information Technology, Management Information Systems, Mathematics, and
Physics.
9
4
Section 1009.01 (1), F.S.
5
Section1009.24, F.S.
6
See State University System of Florida, Tuition and Required Fees, 2022-23 (2022), available at https://www.flbog.edu/wp-
content/uploads/2023/01/2022-2023-SUS-Tuition-and-Fees-Report_updated-with-footnote.pdf
7
A student who is classified as a “resident for tuition purposes” is a student who qualifies for the in-state tuition rate. Section
1009.21(1)(g), F.S.
8
Section 1009.26, F.S., Rule 6A-14.0542, F.A.C.
9
State University System, Strategic Planning Committee Meeting Agenda for June 22, 2021, available at
https://www.flbog.edu/session/strategic-planning-committee-klwekqle/ Strategic Planning Committee - State University
System of Florida (flbog.edu) BILL: SB 244 Page 4
Beginning in the 2022-2023 academic year, students are eligible to receive the tuition and fee
waiver in two additional PSE, finance and accounting, as adopted by the BOG.
10
The tuition and fee waiver is applicable only for upper-level courses and for up to 110 percent of
the number of required credit hours of the degree program for which the student is enrolled.
11
This means that for a 120-credit hour state university baccalaureate degree program, the waiver
is applicable unless the student has earned an excess of 132 credit hours.
Effect of Proposed Changes
In order to increase the number of students who choose to enroll in an initial teacher preparation
program at a state university, the bill amends s. 1009.26, F.S., to include state-approved teacher
preparation programs as eligible for the buy-one-get-one tuition and fee waiver for qualified
students.
Dual Enrollment
Present Situation
Dual enrollment (DE) is the enrollment of an eligible public or private school student in grades
6-12 or home education student in a postsecondary course creditable toward both a high school
diploma and a career certificate or an associate or baccalaureate degree. Students who meet the
eligibility requirement and who participate in DE programs are exempt from the payment of
registration, tuition, and laboratory fees.
12
However, exemption and fees do not apply to dual
enrollment at an eligible private postsecondary institution.
13
Each faculty member providing instruction in college credit DE courses must, among other
requirements, meet the qualifications, including college level teaching credentials, required by
the entity accrediting the postsecondary institution offering the course, regardless of the location
of instruction.
14
For example, the Commission on Colleges of the Southern Association of
Colleges and Schools requires faculty teaching general education courses to have a doctorate or
master’s degree in the teaching discipline, or a master’s degree with at least 18 graduate semester
hours in the teaching discipline.
15
Effect of Proposed Changes
Dual Enrollment Educator Scholarship Program
The bill establishes s. 1009.31, F.S., the Dual Enrollment Educator Scholarship Program (DEES
Program), administered by the FDOE in accordance with SBE rules, to assist Florida public high
school teachers in obtaining the graduate degree and credentials necessary in order to provide DE
10
The Florida Channel, Florida BOG Meeting Part 2 June 29, 2022, available at https://thefloridachannel.org/videos/6-29-
22-florida-board-of-governors-meeting-part-2/ at 6:20 – 14:51.
11
Section 1009.26(b), F.S.
12
Section 1007.271, F.S.
13
Section 1011.62(1)(i), F.S.
14
Section 1007.271(5), F.S.
15
Southern Association of Colleges and Schools, Commission on Colleges, Faculty Credentials Guidelines (Apr. 2018),
available at https://sacscoc.org/app/uploads/2019/07/faculty-credentials.pdf. BILL: SB 244 Page 5
coursework directly to student on a Florida high school campus. The FDOE, in consultation with
the BOG, must:
Identify graduate-level degree programs offered at SUS institutions that would authorize an
individual to teach postsecondary general education core courses and post it on its website.
Identify qualified degree programs that are available entirely online.
The FDOE must:
Identify and prioritize districts for participation in the DEES Program based on each district’s
ratio of students from low-income and moderate-income households, the availability of DE
courses in the district, and the geographic proximity of high schools in the district to
participating postsecondary institutions.
Prioritize DEES Program applicants who are currently enrolled in an approved graduate
program at a state university.
Identify school districts with the highest need for teachers, in which participants completing
the DEES Program may teach at for at least three years.
To be eligible for the DEES Program, an applicant must be a certified teacher in grades 9-12 in a
Florida public school and be accepted into, or currently enrolled in, an approved graduate
program in a subject within his or her area of certification.
As a condition of receiving a scholarship, the recipient must agree to do all of the following:
Complete the graduate degree program and additional required credentials within three
academic years of the initial award.
Upon completion of the degree, teach at least one identified and mutually agreed upon
general education core course per semester at a public school. The recipient may teach
additional courses at the school upon approval.
Remain in his or her district, or an eligible district as a certified classroom teacher for at least
three school years after completion of his or her degree.
A scholarship recipient who does not complete an identified degree, or who does not complete at
least three school years of service after the completion of such degree, must repay the amount of
the scholarship to the FDOE. The FDOE may provide the teacher additional time to meet the
service requirement under specified circumstances.
Funding for the DEES Program is contingent upon the appropriation of funds in the General
Appropriations Act (GAA).
The SBE must adopt rules to implement the DEES Program.
Apprenticeship Programs
Present Situation
The federal government works in cooperation with states to oversee the nation’s apprenticeship
programs. The states have the authority to register apprenticeship programs through federally-
recognized State Apprenticeship Agencies. In Florida, the Department of Education serves as the BILL: SB 244 Page 6
registering entity to ensure compliance with federal and state apprenticeship standards, provide
technical assistance, and conduct quality assurance assessments.
16
Work-based learning opportunities in Florida are encouraged to prioritize paid experiences, such
as apprenticeship and preapprenticeship programs.
17
Registered Apprenticeship Programs
Florida law defines an apprentice as a person at least 16 years of age who has entered into a
written apprentice agreement with an employer, an association of employers, or a local joint
apprenticeship committee to learn a recognized skilled trade through actual work experience
under the supervision of another worker who has completed an apprenticeship program or has
worked in the field for a minimum number of years established by industry standard. Training
for an apprentice should be combined with properly coordinated studies of related technical and
supplementary instruction.
An apprenticeship program must be registered and approved by the FDOE,
18
which is
responsible for establishing minimum standards for registered apprenticeship programs and
facilitating and supervising registered apprenticeship programs.
19
In the 2021-2022 program
year, the FDOE registered 27 new apprenticeship programs for a total of 275 programs, training
15,479 apprentices. Of these apprentices, 1,917 completed a program and received an
apprenticeship certificate and an average exit annual salary of $49,629.
20
Grow Your Own Programs
Grow Your Own (GYO) programs can be targeted to different groups, including high school
students and paraprofessionals,
21
or teaching positions, including hard-to-staff schools, but they
are typically focused on recruiting and preparing community members to address local teacher
shortages. Several states are in various stages of development for a GYO program, including
teacher apprenticeships. Tennessee and West Virginia have registered teacher apprenticeship
programs with the United States Department of Labor.
22
Effect of Proposed Changes
Teacher Apprenticeship Program
The bill establishes s. 1012.555, the Teacher Apprenticeship Program (TAP), administered by
the FDOE, to create an alternative pathway for an individual to enter the teaching profession.
16
29 C.F.R. s. 29
17
Section 446.0915, F.S.
18
Section 446.021, F.S.
19
Section 446.041, F.S.
20
FDOE, Florida’s Annual Apprenticeship and Preapprenticeship Report (2022), available at
https://www.fldoe.org/core/fileparse.php/9904/urlt/2122ApprenticeshipReport.pdf, at 6 and 31.
21
Education paraprofessionals is defined as individuals who are under the direct supervision of an instructional staff member,
aiding the instructional process. Section 1012.01(2)(e), F.S.
22
Education Commission of the States, State Approaches to Fund Grow-Your-Own Programs (2022), available at
https://www.ecs.org/wp-content/uploads/State-Information-Request_Grow-Your-Own-Programs-and-Teacher-
Apprenticeship-Programs.pdf. BILL: SB 244 Page 7
To participate in the TAP, an individual must have:
Received an associate degree from an accredited postsecondary institution.
Earned a cumulative grade point average of 3.0 in that degree program.
Successfully passed a background screening pursuant to law.
Received a temporary apprenticeship certificate created in the bill.
As a condition of participating in the TAP, an apprentice teacher must commit to spending the
first two years in the classroom of a mentor teacher using team teaching strategies as specified in
law
23
and fulfilling the on-the-job training component of the registered apprenticeship and its
associated standards.
An apprentice teacher must receive related instruction required for the apprenticeship, and
complete two years in an apprenticeship before being eligible to apply for a professional
certificate. However, completion of the TAP does not exempt an apprentice from earning a
bachelor’s degree or higher.
An apprentice teacher must be appointed by the district school board as an education
paraprofessional and must be paid in accordance with law and SBE rules. An apprentice teacher
may change schools or districts after the first year of participation if the hiring school or district
agrees to fund the remaining year of the TAP.
A teacher who serves as a mentor in the TAP must mentor the apprentice teacher using team
teaching strategies and must, at a minimum meet all of the following requirements:
Have at least seven years of teaching experience in Florida.
Have received an aggregate score of highly effective (HE) on the 3 most recent available
value-added model (VAM) scores,
24
as used by the FDOE, or have received an aggregate
score of HE on the 3 most recent available performance evaluations if the teacher does not
generate a state VAM score.
Satisfy any other requirements established by the FDOE.
Subject to legislative appropriation, a teacher who serves as a mentor in TAP may receive a
bonus. If such funding is available, the district school board must pay a teacher who serves as a
mentor:
Fifty percent of the bonus amount upon completion of the first year of the apprenticeship.
The remainder of the bonus at the conclusion of the apprenticeship if:
o The teacher successfully guides his or her apprentice to completion of the TAP;
o Upon completion of the TAP, his or her apprentice is hired by a Florida school district or
charter school; and
o The teacher meets any additional requirements imposed by SBE rule.
23
“Team teaching” or “co-teaching” means two or more teachers are assigned to a group of students and each teacher is
responsible for all of the students during the entire class period. Section 1003.03(5)(c), F.S.
24
Rule 6A-5.0411(2), F.A.C. “Value-added model” or “VAM.” is a statistical model used for the purpose of determining an
individual teacher’s contribution to student learning growth. BILL: SB 244 Page 8
A class in which an apprenticeship is conducted may exceed the class size maximums
25
as
required by law up to 1.5 times the allowable number of students.
The SBE is authorized to adopt rules to implement the TAP.
Educator Certification
Present Situation
Educational personnel in public schools must possess appropriate skills in reading, writing, and
mathematics; adequate pedagogical knowledge; and relevant subject matter competence so as to
demonstrate an acceptable level of professional performance.
26
In order for a person to serve as
an educator in a traditional public school, charter school, virtual school, or other publicly
operated school, the person must hold a certificate issued by the FDOE.
27
The SBE designates the certification subject areas, establishes competencies, and adopts rules in
accordance with which education certificates are issued by the FDOE to qualified applicants.
28
General Eligibility
In order to seek educator certification, a person must attest to uphold the principles of the United
States and meet other general eligibility requirements, which include receipt of a bachelor’s or
higher degree from an approved postsecondary institution and minimum age, background
screening, moral character, and competence requirements.
29
Professional Educator Certificate
A professional teaching certificate is valid for five school fiscal years and is renewable. A
professional certificate is awarded to an applicant who meets the basic eligibility requirements
for certification and demonstrates mastery of:
30
General knowledge, only if serving as a classroom teacher.
Subject area knowledge.
Professional preparation and education competence.
Acceptable means of demonstrating mastery of general knowledge include passing one of several
different examinations identified by the SBE, having a valid teaching certificate from another
state, having a valid certificate from the National Board for Professional Teaching Standards
(NBPTS), teaching a minimum of two semesters in either full-time or part-time status at a state
college or university or at the private college level, or having a master’s or higher degree from an
accredited postsecondary education institution.
31
25
Section 1003.03, F.S.
26
Section 1012.54, F.S.
27
Sections 1012.55(1) and 1002.33(12)(f), F.S.
28
Section 1012.55(1)(a), F.S.
29
Section 1012.56(2), F.S., and Rule 6A-4.003, F.A.C.
30
Section 1012.56(2)(g)-(i), F.S.
31
Section 1012.56(3), F.S.; and Rule 6A-4.004, F.A.C. BILL: SB 244 Page 9
The acceptable means of demonstrating mastery of subject area knowledge include passing a
subject area or other alternative examination as approved by the SBE, having a valid teaching
certificate from another state, having a valid certificate from the NBPTS, or a passing score or
program completion of a specified defense language proficiency test or program.
32
A candidate for a professional certificate may demonstrate professional preparation and
education competence through the completion of a teacher preparation program and a passing
score on the corresponding professional education competency exam required by the SBE.
33
Other means include a valid certification from another state, postsecondary teaching experience,
or completion of a professional development education competency program.
34
Currently, 37 school districts operate their own FDOE approved professional development
certification programs.
35
Temporary Educator Certificate
A temporary teaching certificate is valid for three school years and is nonrenewable.
36
The
FDOE is required by law to issue a temporary certificate to any applicant who:
37
Completes applicable subject area content requirements or demonstrates mastery of subject
area knowledge by, for example, successful completion of an approved exam; and
Holds an accredited degree or a degree approved by the FDOE at the level required for the
subject area specialization in SBE rule.
A person who is issued a temporary certificate must be assigned a teacher mentor for a minimum
of two school years after commencing employment. Each teacher mentor selected must:
38
Hold a valid professional certificate;
Have earned at least 3 years of teaching experience in prekindergarten through grade 12; and
Have earned an effective or highly effective rating on the prior year’s performance
evaluation.
A classroom teacher under a temporary certificate has the validity period of the certificate to
complete the remaining requirements of general knowledge and professional preparation and
education competence in preparation for application for a professional certificate.
39
32
Section 1012.56(5), F.S., and Rule 6A-4.002(4), F.A.C.
33
FDOE, Competencies and Skills Required for Teacher Certification in Florida (Oct. 1, 2020), incorporated by reference in
rule 6A-4.0021, F.A.C., available at http://www.flrules.org/Gateway/reference.asp?No=Ref-10344.
34
Section 1012.56(6), F.S.
35
Florida Department of Education, Professional Development Certification Programs,
https://www.fldoe.org/teaching/preparation/pdcp.stml (last visited Feb. 27, 2023).
36
Section 1012.56(7), F.S.
37
Section 1012.56(7)(b), F.S.As specified in law, an alternative pathway for a temporary certificate is available for a military
service member, for a subject area specialization for which the SBE otherwise requires a bachelor’s degree.
38
Section 1012.56(7), F.S.
39
FDOE, Upgrading from the Temporary to the Professional Certificate,
https://www.fldoe.org/teaching/certification/general-cert-requirements/moving-from-the-temporary-to-the-profe.stml (last
visited Feb. 27, 2023). BILL: SB 244 Page 10
Other Instructional Staff Options
Florida law provides other mechanisms for school districts to hire classroom teachers, which
include:
Non-certificated personnel who may provide instructional services in the individuals' fields
of specialty or assist instructional staff members as education paraprofessionals.
40
Issuance of an adjunct teaching certificate to any applicant who satisfies general eligibility
requirements for certification and has demonstrated expertise in teaching area.
41
Non-degreed teachers of career education, whose qualifications are based primarily on
successful occupational experience rather than academic training, and who may only teach in
a career and technical education program.
42
Certification Exam Fee Waivers
The SBE is required to, in rule, establish separate fees for applications, examinations,
certification, certification renewal, late renewal, recordmaking, and recordkeeping. Each fee
must be based on FDOE estimates of the revenue required to implement the Florida law relating
to certification of school personnel. Each examination fee must be sufficient to cover the actual
cost of developing and administering the examination.
43
The SBE is required to waive initial general knowledge, professional education, and subject area
examination fees and certification fees for:
A member of the U.S. Armed Forces or a reserve component thereof who is serving or has
served on active duty or the spouse of such a member.
The surviving spouse of a member of the U.S. Armed Forces or a reserve component thereof
who was serving on active duty at the time of death.
An honorably discharged veteran of the U.S. Armed Forces or a veteran of a reserve
component thereof who served on active duty and the spouse or surviving spouse of such a
veteran.
44
A fee waiver is valid for up to five years after the veteran or his or her spouse is determined
eligible.
45
Effect of Proposed Changes
Educator Certification
The bill amends s. 1012.56, F.S., to add additional options to satisfy educator certification
requirements. The bill:
Authorizes, for a subject requiring only a baccalaureate degree for which a Florida subject
area exam has been developed, documentation of a master’s degree or higher from an
accredited postsecondary educational institution identified as having a quality program in the
certificate subject area, to meet the mastery of subject area knowledge requirement.
40
Section 1012.55(1)(c), F.S.
41
Section 1012.57(1), F.S.
42
Section 1012.43, F.S.
43
Section 1012.59, F.S. Rule 6A-4.0021, F.A.C.
44
Section 1012.59(3), F.S.
45
Rule 6A-4.0012(8)(e), F.A.C. BILL: SB 244 Page 11
In order to support the Teacher Apprenticeship Program created in the bill, requires the
FDOE to issue a five-year nonrenewable temporary apprenticeship certificate to any
applicant who meets specified eligibility requirements and completes specified subject area
content requirements pursuant to SBE rule or law.
Certification Exam Fee Waivers
The bill amends s. 1012.59 to waive initial general knowledge, professional education, and
subject area exam fees and certification fees for a retired first responder, which includes a law
enforcement officer, a firefighter, or an emergency medical technician or paramedic.
Teacher Recruitment for Military and First Responders
Present Situation
Federal Troops to Teachers Program
In 1993, the Department of Defense (DOD) established the Troops to Teachers (TTT) program
to assist transitioning service members and veterans in beginning careers as school teachers. The
program provided counseling and referral services to assist members and veterans in meeting
education and licensing requirements to secure a teaching position.
46
Within the program, the DOD provided assistance of up to $5,000 to eligible members to obtain
certification or licensing as educators, and up to $10,000 in bonuses to participants who agree to
teach in high-poverty schools.
Members of the armed forces who wish to receive the program’s assistance for placement are
required to have a bachelor’s or advanced degree, and priority is given to those members who
have educational or military experience in science, mathematics, special education, or
vocational/technical subjects.
47
To receive the stipend, participants are required to:
Be enrolled in an accredited institution that would result in licensure as a full-time teacher;
Commit to full-time teaching in an eligible or high need school for three years; and
If not retired or discharged due to service-connected physical disability, commit to serving
three years in reserves.
The program’s goals include reducing veteran unemployment, increasing the number of male
and minority teachers in classrooms, and addressing the teacher shortage issues in schools that
serve low-income families and in the critical subject areas including math, science, special
education, foreign language, and career and technical education. Since the program’s launch in
1993, more than 100,000 veterans have transitioned to a career in education.
48
46
United States Army, Troops to Teachers (TTT), https://myarmybenefits.us.army.mil/Benefit-Library/Federal-
Benefits/Troops-to-Teachers-(TTT)?serv=122 (last visited Feb. 24, 2023).
47
U.S. Department of Education, Troops to Teachers Program, https://www2.ed.gov/programs/troops/index.html (last visited
Feb. 24, 2023).
48
United States Army, Troops to Teachers (TTT), https://myarmybenefits.us.army.mil/Benefit-Library/Federal-
Benefits/Troops-to-Teachers-(TTT)?serv=122 (last visited Feb. 24, 2023). BILL: SB 244 Page 12
The TTT program was extended through July 1, 2025, in the National Defense Authorization Act
for Fiscal Year 2022.
49
Alternative Certification Pathway for Veterans
In 2022, the Legislature provided an alternative pathway for veterans seeking subject area
certification by removing the requirement for a baccalaureate degree for issuance of their
temporary educator certificate if certain requirements are met, which include 48 months of active
duty service and completion of 60 college credits.
50
Effect of Proposed Changes
Heroes in the Classroom Bonus Program
The bill establishes s. 1012.715 F.S., the Heroes in the Classroom Bonus Program (HCB
Program) to provide a one-time sign-on bonus, as provided in the GAA, to retired first
responders and veterans, as defined, who commit to joining the teaching profession as a full-time
classroom teacher. An eligible individual may also receive an additional bonus for teaching a
course in a critical teacher shortage area
51
as defined in law.
To be eligible to receive a bonus under the HCB Program, an individual must document:
As applicable, that he or she has not been the subject of any specified disciplinary action
during the most recent 5 years of his or her employment;
His or her honorable discharge from the military;
Receipt of a professional or temporary certificate; and
Commit to maintaining employment with the district or charter school for a minimum of two
school years.
The FDOE must administer the program and establish:
A method for determining the estimated number of eligible military veterans and first
responders hired in the applicable fiscal year.
Additional minimum criteria necessary to receive the bonus.
An estimated cost to the FDOE associated with developing and administering the HCB
Program.
A method by which a teacher must reimburse the state if he or she receives a bonus payment
but fails to maintain continuous employment as required.
In addition, the FDOE must identify critical teacher shortage areas in which a military veteran or
retired first responder who teaches may be eligible for an additional bonus.
Under the HCB Program, a school district that hires eligible participants must:
Provide any necessary information requested by the FDOE.
Notify, in a manner established by the FDOE, eligible employees for whom such
employment may impact their pension from a previous position.
49
Pub. L. No. 117-81, s. 1605 (Dec. 27, 2021).
50
Section 1012.55(1)(d), F.S.
51
Section 1012.07, F.S., Identification of Critical Teacher Shortage Areas for 2022-2023 (2022), available at
https://www.fldoe.org/core/fileparse.php/20042/urlt/7-2.pdf BILL: SB 244 Page 13
The SBE is authorized to adopt rules implement the HCB program.
Teacher Rights
Present Situation
The Florida Constitution and Early Learning-20 Education Code contain a number of educator
rights and protections.
Right-to-Work
The State Constitution provides that Florida is a right to work state; therefore, the right of an
individual to work cannot be denied or abridged based on membership or non-membership in
any employee organization.
52
As such, public employees
53
have the right to form, join,
participate in, and be represented by an employee organization of their own choosing, or to
refrain from forming, joining, participating in, or being represented by an employee
organization.
54
Teacher Liability
Except in the case of excessive force or cruel and unusual punishment, a teacher or other
member of the instructional staff must not be civilly or criminally liable for any action carried
out in conformity with SBE and district school board rules regarding the control, discipline,
suspension, and expulsion of students.
The SBE is required to adopt rules that outline the administrative standards for the use of
reasonable force by school personnel to maintain a safe and orderly learning environment.
In addition, the FDOE is responsible for administering an educator liability insurance program to
protect full-time instructional personnel from liability for monetary damages and the costs of
defending actions resulting from claims made against the instructional personnel arising out of
occurrences in the course of activities within the instructional personnel’s professional capacity.
Liability coverage of at least $2 million must be provided to all full-time instructional personnel
and may be provided at cost to part-time instructional personnel, administrative personnel, and
students enrolled in a state-approved teacher preparation program.
55
Access to Legal Services
Each district school board may provide legal services for officers and employees of the school
board who are charged with civil or criminal actions arising out of and in the course of
performance of assigned duties and responsibilities. The district school board must provide for
reimbursement of reasonable expenses for legal services for such officers and employees who
52
FLA. CONST. art. I, s. 6, (1968).
53
Section 447.203(3), F.S.,
54
Section 447.301(1) and (2), F.S. Section 447.203(11), F.S.
55
Section 1012.75, F.S. BILL: SB 244 Page 14
are charged with civil or criminal actions arising out of and in the course of the performance of
assigned duties and responsibilities upon success defense by the employee or officer.
56
However, in any case in which the officer or employee pleads guilty or nolo contendere or is
found guilty of any such action, the officer or employee must reimburse the district school board
for any legal services with the school board may have supplied.
57
Discrimination
Discrimination on the basis of race, color, national origin, sex, disability, or marital status against
a student or employee in the state system of public K-20 education is prohibited.
Florida law requires that no person shall, on the basis of race, color, national origin, sex,
disability, religion, or marital status, be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any public K-20 education program or activity, or in any
employment conditions or practices, conducted by a public educational institution that receives
or benefits from federal or state financial assistance.
58
A person aggrieved by a violation of such discrimination has a right of action for such equitable
relief as the court may determine and the course may award reasonable attorney’s fees and court
costs to the prevailing party.
59
Continuing Education
Through the School Community Professional Development Act, each district school board is
required to develop a professional development system with the purpose of increasing student
achievement, enhancing classroom instructional strategies, and prepare students for continuing
education and the workforce. The system must be developed in consultation with teachers,
teacher-educators of FCS and SUS institutions, business and community representatives, and
local education foundations, consortia, and professional organizations, and be FDOE approved.
60
Authority of Teachers and Responsibility for Control of Students
Subject to law and to the rules of the district school board, each teacher or other member of the
school staff have authority for the control and discipline of students and must keep order in the
classroom and in other places in which he or she is assigned to be in charge of students.
In accordance with this authority and within the framework of the district school board’s code of
student conduct, teachers and other instructional personnel have the authority to undertake any of
the following actions in managing student behavior and ensuring the safety of all students in
their classes and school and their opportunity to learn in an orderly and disciplined classroom,
including:
Establishing classroom rules of conduct.
Establishing consequences, designed to change behavior, for infractions of classroom rules.
56
Section 1012.26, F.S.
57
Section 1012.26, F.S.
58
Section 1000.05(2)(a), F.S and Rule 6A-10.081(2), F.A.C
59
Section 1000.05(9), F.S.
60
Section 1012.98, F.S. BILL: SB 244 Page 15
Having disobedient, disrespectful, violent, abusive, uncontrollable, or disruptive students
removed from the classroom for behavior management intervention, or directed for
information or assistance from appropriate school or district school board personnel.
Assisting in enforcing school rules on school property, during school-sponsored
transportation, and during school-sponsored activities, and pressing charges if there is a
reason to believe that a crime has been committed in such places or activities.
Requesting and receiving:
o Information as to the disposition of any referrals to the administration for violation of
classroom or school rules.
o Immediate assistance in classroom management if a student becomes uncontrollable or in
case of emergency.
o Training and other assistance to improve skills in classroom management, violence
prevention, conflict resolution, and related areas.
Using reasonable force, according to standards adopted by the SBE, to protect himself or
herself or others from injury.
Using corporal punishment according to school board policy and required procedures, if a
teacher feels that corporal punishment is necessary.
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Education-related Disputes
The Commissioner of Education may appoint a special magistrate
62
to determine facts relating to
an education-related dispute, consider information provided by all parties, and render a
recommended decision for resolution to the SBE within a specified time. The SBE must approve
or reject the recommended decision at its next regularly scheduled meeting.
63
Florida Standards Assessment and End-of-Course Assessments: Reporting of Results and
Achievement Levels
To facilitate timely interventions and supports specified in law results of the first two
administrations of the coordinated screening and progress monitoring system in English
Language Arts (ELA) and mathematics must be provided to a student’s teacher within 1 week
and to the student’s parent within 2 weeks of the administration of the progress monitoring.
64
Effect of Proposed Changes
Teacher Rights
The bill presents Legislative findings to support the establishment of a clear set of rights for
teachers in their profession and in the classroom. Accordingly, the bill creates chapter 1015 of
the Florida Statutes to catalog many of the rights of teachers specified elsewhere in law
regarding employment, continuing education, controlling the classroom, and directing classroom
instruction. This is similar to the catalog of rights for K-12 students and parents.
65
61
Section 1003.32, F.S.
62
“Special Magistrate” means an administrative law judge provided by the Division of Administrative Hearings under
Section 120.65(6), F.S., or a person appointed by the Commissioner of Education who is a member of the Florida Bar in good
standing with a minimum of five years of administrative law experience. Rule 6A-6.0791(2)(f), F.A.C.
63
See Sections 1001.42(8)(c)7., F.S., and 1002.333(11)(c), F.S.
64
Section 1008.25, F.S.
65
See Section 1002.20, F.S. BILL: SB 244 Page 16
The catalog reiterates that a teacher has a right to:
Work regardless of union membership, pursuant to s. 447.301, F.S.
Liability coverage pursuant to s. 1012.75, F.S.
Reimbursement of specified legal services pursuant to s. 1012. 26, F.S.
Be free from discrimination pursuant to s. 1000.05, F.S.
Earn an educator certificate through multiple pathways pursuant to s. 1012.56, F.S.
A continuing education pursuant to ss. 1012.98, F.S. and 1009.26, F.S.
Control his or her classroom pursuant to s. 1003.32, F.S.
Receive student assessment data in a timely manner pursuant to s. 1008.25, F.S.
The bill reaffirms that a teacher has a right to direct his or her classroom instruction in
accordance with general law and SBE rules.
66
The bill establishes a new state-level
administrative process to protect a teacher who is directed to violate such laws or rules. The bill
authorizes a teacher to request the Commissioner of Education appoint a specified special
magistrate to determine the facts and render a recommended decision for resolution to the SBE
within 30 days after receipt of the request.
67
The SBE:
Must approve or reject the special magistrate’s recommended decision at its next scheduled
board meeting and any costs of the special magistrate must be borne by the school district.
May withhold the salary of the superintendent until the violation is corrected, if the school
district is found in violation of general law or SBE rules.
The bill takes effect on July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
66
Section 1012.53, F.S.
67
Section 120.65, F.S. and Rule 6A-6.0791(2)(f), F.A.C. BILL: SB 244 Page 17
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The fiscal impact of the bill is indeterminate at this time.
Without supplemental state funding, the inclusion of a fee waiver for those enrolling in a
state-approved Teacher Preparation Program and fee waivers for continuing education for
teachers, would result in a revenue loss for post-secondary institutions.
There could be a significant impact to general revenue for the Florida Department of
Education (FDOE) to implement the Dual Enrollment Educator Scholarship Program and
provide exam and certification fee waivers for first responders. Without an Agency
analysis, the amount is indeterminate. However, funding for the program is contingent
upon the appropriation of funds in the General Appropriations Act.
There could also be a cost to the FDOE or additional full-time equivalent (FTE) positions
needed to implement the Teacher Apprenticeship Program. The Teacher Apprenticeship
Mentor bonus and sign on bonus for Heroes in the Classroom are subject to legislative
appropriation.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 1001.20, 1009.26,
1012.56, and 1012.59.
This bill creates the following sections of the Florida Statutes: 1009.31, 1012.555, 1012.715,
1015.01, 1015.02, 1015.03, 1015.04, 1015.05, and 1015.06. BILL: SB 244 Page 18
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.