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 Education Pre-K -12
BILL: SPB 7000
INTRODUCER: Education Pre-K -12 Committee
SUBJECT: Deregulation of Public Schools/Instructional, Administrative, and Support Personnel
DATE: November 16, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Palazesi/Sabitsch/
Jahnke
Bouck
ED Submitted as Comm. Bill/Fav
I. Summary:
SPB 7000 builds on the deregulation of public schools provisions in House Bill 1 (Ch. 2023-16,
Laws of Fla.) and provides to school districts additional authority related to teacher certification
and training, instructor contracts and salary schedules, personnel evaluations, and collective
bargaining. Specifically, the bill:
Modifies school personnel initial and continuing requirements by:
o Establishing a 10-year renewable professional certificate for teachers rated highly
effective in 4 years of the 5-year validity period of their professional certificate.
o Providing an option for a reduction in the renewal requirements for highly effective
teachers on their initial 5-year professional certificate.
o Authorizing school districts or consortiums to issue temporary certificates.
o Providing an additional method for a teacher on a temporary certificate to demonstrate
mastery of general knowledge.
o Expanding eligibility requirements for the teacher apprenticeship program.
o Specifying that a teacher certified in exceptional student education is considered in-field
if he or she is teaching exceptional students in a self-contained classroom.
o Allowing the Florida Institute for Charter School Innovation to develop a professional
learning system.
o Providing teachers with a valid professional certificate who taught at a private school and
returned to the school district can extend the expiration date of their professional
certificate, up to a maximum of 3 years.
o Allowing prekindergarten instructors 30 days after hire to complete the required
emergency literacy courses.
o Providing authority to the district school boards to adopt requirements for school bus
drivers and bus attendants.
Modifies how school districts may recruit, hire, manage, pay, and evaluate teachers by:
o Removing restrictions related to comparable educator salary adjustments.
o Creating a three-year-maximum instructional multiyear contract that may be awarded if
certain criteria are met.
REVISED: BILL: SPB 7000 Page 2
o Requiring the State Board of Education to develop and publish strategies relating to
critical teacher shortage areas.
o Providing greater authority to district school boards in determining personnel evaluations,
but requires that at least half of the evaluation must be based upon student performance.
o Providing flexibility in the assignment of inexperienced teachers at schools in need of
interventions and support.
o Prohibiting the use of value-added model as the sole determinant for any incentive pay
for instructional personnel or school administrators.
o Providing that specified policies for which collective bargaining may not preclude or
limit school district activities.
The bill takes effect on July 1, 2024.
II. Present Situation:
The present situation for the relevant portions of the bill is discussed under the Effect of
Proposed Changes of this bill analysis.
III. Effect of Proposed Changes:
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 to
demonstrate an acceptable level of professional performance.
1
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 Department of Education (DOE).
2
The State Board of Education (SBE or state board) designates the certification subject areas,
establishes competencies, and adopts rules by which educator certificates are issued by the DOE
to qualified applicants.
3
General Eligibility
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.
4
1
Section 1012.54, F.S.
2
Sections 1012.55(1) and 1002.33(12) (f), F.S.
3
Section 1012.55(1) (a), F.S.
4
Section 1012.56(2), F.S., and Rule 6A-4.003, F.A.C. BILL: SPB 7000 Page 3
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:
5
General knowledge.
Subject area knowledge.
Professional preparation and education competence.
Acceptable means of demonstrating mastery of general knowledge include:
6
Achievement of passing scores on the general knowledge examination;
Documentation of a valid professional standard teaching certificate issued by another state;
Documentation of a valid certificate issued by the National Board for Professional Teaching
Standards or a national educator credentialing board approved by the SBE;
Documentation of two semesters of successful, full-time or part-time teaching in a Florida
College System institution, state university, or private college or university that meets certain
criteria;
Achievement of passing scores on national or international examinations with comparable
verbal, writing, quantitative reasoning, and rigor as the general knowledge exam, including
but not limited to Graduate Record Examination; or
Documentation of receipt of a master’s or higher degree from an accredited postsecondary
educational institution that the DOE has identified as having a quality program resulting in a
baccalaureate degree or higher.
A school district that employs an individual who does not achieve passing scores on any subtest
of the general knowledge examination must provide information regarding the availability of
state-level and district-level supports and instruction to assist him or her in achieving a passing
score. The requirement of mastery of general knowledge must be waived for an individual who
has been provided 3 years of supports and instruction and who has been rated effective or highly
effective for each of the last 3 years.
7
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.
8
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.
9
5
Section 1012.56(2) (g)-(i), F.S.
6
Section 1012.56(3), F.S.
7
Section 1012.56(3), F.S. (flush left)
8
Section 1012.56(5), F.S., and Rule 6A-4.002(4), F.A.C.
9
Florida Department of Education, Competencies and Skills Required for Teacher Certification in Florida, incorporated by
reference in rule 6A-4.0021, F.A.C. BILL: SPB 7000 Page 4
Other means include a valid certification from another state, postsecondary teaching experience,
or completion of a professional learning certification program.
10
For the renewal of a professional certificate, applicants must earn a minimum of 6 college credits
or 120 inservice points or a combination thereof, which must include at least 1 college credit or
20 inservice points in teaching students with disabilities. All renewal credits must be earned
during the validity period and prior to the expiration date of the current Professional
Certificate.
11
In lieu of college credit or inservice points, applicants may renew a subject area
specialization by passing a state board approved Florida-developed subject area examination.
12
Applicants who hold a professional certificate in any area of certification identified by SBE rule
that includes reading instruction or intervention for any students in kindergarten through grade 6,
with a beginning validity date of July 1, 2020, or thereafter, must earn a minimum of 2 college
credits or 40 inservice points in evidence-based instruction and interventions grounded in the
science of reading.
13
Temporary Educator Certificate
A temporary teaching certificate is valid for five school fiscal years and is nonrenewable.
14
The
DOE is required to issue a temporary certificate to a qualifying applicant within 14 calendar days
after receipt of a request from an employer and is required to electronically notify the applicant’s
employer that the temporary certificate has been issued and provide the applicant an official
statement of status of eligibility at the time the certificate is issued.
15
The DOE must issue a temporary certificate to any applicant who:
16
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 DOE at the level required for the
subject area specialization in SBE rule.
A person 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:
17
Hold a valid professional certificate;
Have earned at least 3 years of teaching experience in prekindergarten through grade 12; and
10
Section 1012.56(6), F.S.
11
Section 1012.585(3), F.S. and Florida Department of Education, Florida Educator Certification Renewal Requirements,
https://www.fldoe.org/teaching/certification/renewal-requirements/ (last visited Nov. 6, 2023).
12
Section 1012.585(3) (b), F.S.
13
Section 1012.585(3) (f), F.S. The evidence-based instruction and interventions grounded in the science of reading must be
specifically designed for students with characteristics of dyslexia, including the use of explicit, systematic, and sequential
approaches to reading instruction, developing phonological and phonemic awareness, decoding, and implementing
multisensory intervention strategies.
14
Section 1012.56(7), F.S.
15
Section 1012.56(1) (b), F.S.
16
Section 1012.56(7) (b) and (d), F.S. As specified in law, alternative pathways for a temporary certificate are available for
military service members and participants in the Teacher Apprenticeship Program.
17
Section 1012.56(7), F.S. BILL: SPB 7000 Page 5
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.
18
Effect of Proposed Changes
The bill modifies s. 1012.56, F.S., by authorizing school districts or a consortium of school
districts
19
to issue a temporary certificate and requires the DOE to adopt reporting requirements
regarding the award of such certificates. Additionally, the bill provides an additional pathway for
teachers to demonstrate mastery of general knowledge. The bill specifies that a teacher who has
been rated effective or highly effective in each year of the temporary certification satisfies the
general knowledge requirement.
The bill modifies educator certification requirements in s. 1012.585, F.S., by:
Establishing an additional professional certificate with a 10-year validity period. Teachers
must have been awarded at least one 5-year professional certificate and must have been rated
highly effective in at least 4 years of the 5-year validity period of his or her professional
certificate. The bill specifies that teachers rated effective or highly effective for the entirety
of the 10-year validity period of his or her professional certificate are eligible to renew the
10-year professional certificate, and must earn a minimum of 9 college credits or 180
inservice points or a combination thereof to renew the 10-year professional certificate. A
teacher who does not meet the initial or renewal requirements for a 10-year professional
certificate may be awarded a 5-year professional certificate.
Authorizing district school boards to reduce the renewal requirements for teachers on their
initial 5-year professional certificate by 1 credit or 20 inservice hours if the teacher has been
rated highly effective in at least 3 years of the 5-year validity period of his or her initial
professional certificate.
Authorizing that teachers who taught at a private school during the 5-year validity period of
his or her professional certificate and are now teaching in a school district can extend the
expiration date of his or her professional certificate for a duration equivalent to the number of
years taught at a private school, up to a maximum of 3 years, subject to specified
documentation of employment and renewal requirements.
18
Florida Department of Education, 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 Nov. 6, 2023).
19
A consortium is a regional, non-profit, educational service agency established to provide cooperative services to small and
rural member districts. The consortiums in Florida are the North East Florida Educational Consortium, Heartland Educational
Consortium, and the Panhandle Area Educational Consortium. BILL: SPB 7000 Page 6
Teacher Apprenticeship Program
Present Situation
In 2023, the legislature created the Teacher Apprenticeship Program (TAP).
20
The TAP was
created as an alternative pathway for an individual to enter the teaching profession. The DOE is
required administer the program in accordance with legislative intent regarding apprenticeship
training
21
provided for in law.
To meet the minimum eligibility requirements to participate in the TAP, a candidate must have:
22
Received an associate degree from an accredited postsecondary institution.
Earned a cumulative grade point average (GPA) of 3.0 in that degree program.
Successfully passed a background screening pursuant to law.
Received a temporary apprenticeship certificate.
As a condition of participating in the TAP, an apprentice teacher must be appointed by the
district school board as an education paraprofessional and 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.
24
A teacher who serves as a mentor in the TAP must:
25
Have at least 7 years of teaching experience in this state.
Be rated as highly effective in the three most recent value-added model (VAM) scores or on
the three most recent available performance evaluations if the teacher does not generate a
state VAM score.
Satisfy any other requirements established by the Department of Education.
Effect of Proposed Changes
The bill modifies s.1012.555, F.S., by expanding eligibility for the teacher apprenticeship
program by allowing candidates who are enrolled in a postsecondary institution to be eligible for
the apprenticeship program, instead of requiring the candidate to have earned an associate degree
prior to being eligible. The bill also aligns the GPA requirements for the TAP with the GPA
requirements for the professional certificate.
26
The bill also reduces the teaching experience
requirement for a mentor teacher in the TAP from 7 to 5 years.
20
Ch. 2023-38, s. 6, Laws of Fla.
21
Section 446.011, F.S. provides that it is the intent of the State of Florida to provide educational opportunities for its
residents so that they can be trained for trades, occupations, and professions suited to their abilities; to promote the mode of
training known as apprenticeship in occupations throughout industry in the state that require physical manipulative skills.
22
Section 1012.555, (2) (a)1.-4., F.S.
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
Section 1012.555(2) (c) and (d), F.S.
25
Section 1012.555(3), F.S.
26
Section 1012.56(2)(c), F.S., requires that each applicant seeking initial certification must have attained at least a 2.5 overall
grade point average on a 4.0 scale in the applicant’s major field of study. BILL: SPB 7000 Page 7
Teaching Out-of-Field
Present Situation
As part of federal Every Student Succeeds Act (ESSA), states are required to report on how low-
income and minority children enrolled in schools targeted for additional support and
improvement are not served at disproportionate rates by ineffective, out-of-field, or
inexperienced teachers.
27
In Florida, district school boards are required to adopt and implement a
plan to assist any teacher teaching out-of-field, and priority consideration in professional
development activities must be given to a teacher who is teaching out-of-field.
28
In the 2022-23
school year, 91 percent of teachers were teaching in-field.
29
ESSA allows states to define what subject areas a teacher is certified to teach and be considered
in-field. In Florida, the Course Code Directory provides the applicable certifications a teacher
needs to teach specific subject areas.
30
Currently, teachers certified in exceptional student
education (ESE) are only considered in-field when they are teaching Access
31
courses. Therefore
a teacher would be considered out-of-field if he or she is teaching students with disabilities
whose individual education plan (IEP) aligns their educational performance with courses that are
based on the state academic standards.
Effect of the Proposed Changes
The bill provides that a teacher who holds an educator certificate in ESE is considered in-field if
he or she is teaching in a self-contained classroom. The bill defines a self-contained classroom as
a classroom of exceptional students
32
taught by an educator who holds a certificate in ESE and
who is responsible for instruction of all academic subjects.
27
20 U.S.C. s.6311.
28
Section 1012.42(1), F.S.
29
Florida Department of Education, In-field and Out-of-Field, 2022-23,
https://www.fldoe.org/core/fileparse.php/7584/urlt/IFOFFTeach2223.xlsx, (last visited Nov. 8, 2023).
30
Rule 6A-1.09441, F.A.C.
31
Access courses are based on the Florida Standards Access Points (FS-APs) for English language arts and mathematics, and
on the Next Generation Sunshine State Standards Access Points (NGSSS-APs) for science and social studies. Access Points
are academic expectations written specifically for students with significant cognitive disabilities.
32
Section 1003.01(9), F.S., defines an exceptional students as any student who has been determined eligible for a special
program in accordance with rules of the State Board of Education (SBE). The term includes students who are gifted and
students with disabilities who have an intellectual disability; autism spectrum disorder; a speech impairment; a language
impairment; an orthopedic impairment; an other health impairment; traumatic brain injury; a visual impairment; an emotional
or behavioral disability; or a specific learning disability, including, but not limited to, dyslexia, dyscalculia, or developmental
aphasia; students who are deaf or hard of hearing or dual sensory impaired; students who are hospitalized or homebound;
children with developmental delays ages birth through 9 years or through the student’s completion of grade 2, whichever
occurs first, or children, ages birth through 2 years, with established conditions that are identified in SBE rule. BILL: SPB 7000 Page 8
Certification of Adjunct and Nondegreed Teachers of Career Education
Present Situation
Adjunct Educators
District school boards and charter school governing boards may adopt rules to allow for the
issuance of an adjunct teaching certificate to any applicant who fulfills the educator certificate
general, subject matter, and background screening requirements and who has expertise in the
subject area to be taught. Adjunct certificate holders are required to be used primarily as a
strategy to enhance the diversity of course offerings offered to all students.
33
An applicant is
considered to have expertise in the subject area to be taught if the applicant demonstrates
sufficient subject area mastery through passage of a subject area test or has achieved an industry
certification in the subject area to be taught.
34
Each adjunct teaching certificate is valid through the term of the annual contract between the
educator and the school district or charter school. An additional annual certification and an
additional annual contract may be awarded by the district or charter school at the district’s or
charter school’s discretion but only if the applicant is rated effective or highly effective during
each year of teaching under adjunct teaching certification. A school district and charter school
may issue an adjunct teaching certificate for a part-time or full-time teaching position; however,
an adjunct teaching certificate issued for a full-time teaching position is valid for no more than 5
years and is nonrenewable.
35
Nondegreed teachers of Career Education
Each district school board is required to establish the minimal qualifications for part-time and
full-time nondegreed teachers of career programs. The qualifications for such teachers must
require the filing of a complete set of fingerprints for background screening and documentation
of:
36
A high school diploma or the equivalent.
Completion of 3 years of full-time successful occupational experience or the equivalent of
part-time experience in the teaching specialization area. The district school board may
establish alternative qualifications for teachers with an industry certification in the career
area in which they teach.
For full-time teachers, completion of professional education training in teaching methods,
course construction, lesson planning and evaluation, and teaching special needs students.
This training may be completed through coursework from an accredited or approved
institution or an approved district teacher education program.
Documentation of industry certification when state or national industry certifications are
available and applicable.
33
Section 1012.57(3), F.S.
34
Section 1012.57(1), F.S.
35
Section 1012.57 (4), F.S.
36
Section 1012.39(1) (c), F.S. BILL: SPB 7000 Page 9
Effect of Proposed Changes
The bill modifies s. 1012.57, F.S., to remove obsolete language that states that each adjunct
teaching certificate is valid through the term of the annual contract between the educator and the
school district or charter school and references additional annual certification and annual
contracts. The five year validity already in law makes that language obsolete.
The bill modifies s. 1012.39, F.S., to provide flexibility from certification requirements for
school boards in hiring non-degree CTE teachers by removing the 3-year experience and
specified training requirements.
Alternative Preparation Programs
Present Situation
A district school board, or an organization of private schools or a consortium of charter schools,
of at least 10 member schools,
37
with an approved professional learning system,
38
may design
alternative teacher preparation programs to enable persons already certificated to add an
additional coverage to their certificates. Each alternative teacher preparation program is required
to be reviewed and approved by the Department of Education (DOE) to assure that persons who
complete the program are competent in the necessary areas of subject matter specialization.
39
Currently, 44 school districts operate their own DOE-approved professional learning certification
programs.
40
Effect of Proposed Changes
The bill modifies ss.1004.88 and 1012.98, F.S., to allow the Florida Institute for Charter School
Innovation (Institute) to develop a professional learning system to enable teachers at charter
schools to add on coverages and endorsements to their certificates.
The Institute was established at Miami Dade College for the purpose of improving charter school
authorizing practices in Florida.
41
The Institute is responsible for analyzing charter school
applications and serving as a resource for best practices, providing training and technical
assistance, conducting research related to charter schools and education choice, and collaborating
with the DOE in developing the sponsor evaluation framework.
42
37
Section 1012.98(7), F.S.
38
Section 1012.98, F.S., defines professional learning as learning that is aligned to the state’s standards for effective
professional learning, educator practices, and leadership practices; incorporates active learning; is collaborative; provides
models; and is sustained and continuous.
39
Section 1012.575, F.S.
40
Florida Department of Education, Professional Learning Certification Programs,
https://www.fldoe.org/teaching/preparation/plcp.stml (last visited Nov. 6, 2023).
41
Section 1004.88(1), F.S.
42
Section 1004.88(2), F.S. BILL: SPB 7000 Page 10
Instructional Personnel Contracts and Salary Schedules
Present Situation
Educator Contracts
Each person employed as a member of the instructional staff in any district school system is
entitled to and must receive a written contract.
43
Three types of contracts are used to employ
instructional personnel in Florida–continuing contracts, professional service contracts, and
annual contracts.
An annual contract is an employment contract for a period of no longer than one school year that
a district school board may choose to award or not award without cause.
44
As of July 1, 2011,
instructional personnel under an annual contract and personnel hired thereafter may only be
employed on an annual contract basis. For newly hired instructional personnel, beginning in July
1, 2011, school districts are required to award a probationary contract and after successful
completion of the probationary contract, the district school board may award an annual
contract.
45
An annual contract may be awarded only if the employee:
46
Holds an active professional certificate or temporary certificate.
Has been recommended by the district school superintendent for the annual contract based
upon the individual’s evaluation and approved by the district school board.
Has not received two consecutive annual performance evaluation ratings of unsatisfactory,
two annual performance evaluation ratings of unsatisfactory within a 3-year period, or three
consecutive annual performance evaluation ratings of needs improvement or a combination
of needs improvement and unsatisfactory.
Instructional personnel hired on or after July 1, 1984, and up to July 1, 2011, were awarded
professional service contracts after three years of probationary service on annual contracts if
certified, recommended for a professional service contract by the superintendent, and
reappointed by the school board. Professional service contracts were automatically renewed each
year, unless the employee was charged with unsatisfactory performance based upon his or her
annual performance evaluation or the employee’s performance evaluations indicate chronically
ineffective performance.
47
Instructional personnel hired before July 1, 1984, entered into continuing contracts upon meeting
eligibility requirements. After completing three years of probationary service on annual
contracts, an employee was eligible for a continuing contract if he or she was fully certified,
recommended for a continuing contract by the superintendent, and reappointed by the school
board. A continuing contract entitled the employee to continued employment without the
43
Section 1012.33(1)(a), F.S.
44
Section 1012.335(1) (a), F.S.
45
Section 1012.335(2) (a), F.S.
46
Section 1012.335(2) (c), F.S.
47
Section 1012.33(3), F.S. BILL: SPB 7000 Page 11
necessity of annual renewal until discontinuation of the position, resignation, dismissal, or
removal from continuing contract status.
48
Salary Schedules
District School Boards are required to designate positions to be filled, prescribe qualifications for
those positions, and provide for the appointment, compensation, promotion, suspension, and
dismissal of employees.
49
Additionally school districts are required to develop a compensation
and salary schedule that includes:
Grandfathered salary schedules to be used as the basis for paying all school employees hired
before July 1, 2014. In determining the grandfathered salary schedule for instructional
personnel, a district school board is required to base a portion of each employee’s
compensation upon performance demonstrated under the districts evaluation system and must
provide differentiated pay for both instructional personnel and school administrators based
upon district-determined factors, including, but not limited to, additional responsibilities,
school demographics, critical shortage areas, and level of job performance difficulties.
50
Performance salary schedules to be used as the basis for paying all school employees hired
on or after July 1, 2014, or employees who choose to move from the grandfathered salary
schedule to the performance salary schedule. Performance salary schedules are required to
provide annual salary adjustments for instructional personnel and school administrators based
upon the personnel evaluation.
51
As part of the performance salary schedule the base salary is required to include the following:
52
The base salary for instructional personnel or school administrators who opt into the
performance salary schedule shall be the salary paid in the prior year, including adjustments
only.
Instructional personnel or school administrators new to the district, returning to the district
after a break in service without an authorized leave of absence, or appointed for the first time
to a position in the district in the capacity of instructional personnel or school administrator
must be placed on the performance salary schedule.
Salary adjustments for highly effective or effective performance must include the following:
o The annual salary adjustment under the performance salary schedule for an employee
rated as highly effective must be at least 25 percent greater than the highest annual salary
adjustment available to an employee of the same classification through any other salary
schedule adopted by the district.
o The annual salary adjustment under the performance salary schedule for an employee
rated as effective must be equal to at least 50 percent and no more than 75 percent of the
annual adjustment provided for a highly effective employee of the same classification.
48
Section 231.36(3) (e), F.S. (1981). A continuing contract employee may be dismissed or returned to annual contract status
for a period of three years based upon the recommendation of the district school superintendent, school principal, or a
majority of the school board. Section 1012.33(4) (b), F.S.; see also s. 231.36(4), F.S. (1981).
49
Section 1012.22(1), F.S.
50
Section 1012.22(1) (c) 4., F.S.
51
Section 1012.22(1) (c) 5., F.S.
52
Section 1012.22(1) (c) 5.a.-b., F.S. BILL: SPB 7000 Page 12
o A salary schedule must not provide an annual salary adjustment for an employee who
receives a rating other than highly effective or effective for the year.
School districts are prohibited from using advanced degrees in setting a salary schedule for
instructional personnel or school administrators hired on or after July 1, 2011, unless the
advanced degree is held in the individual’s area of certification and is only a salary supplement.
53
In addition, any compensation for longevity of service awarded to instructional personnel who
are on the grandfathered salary schedule must be included in calculating the salary adjustments
that give additional weight to the performance salary schedule.
54
Effect of Proposed Changes
Educator Contracts
The bill modifies s.1012.335, F.S., to allow instructional personnel hired on or after July 1, 2011,
to be offered, beginning July 1, 2025, an instructional multiyear contract. An instructional multi-
year contract is an employment contract for a period not to exceed 3 years which the district
school board may choose to award upon completion of a probationary contract and at least one
annual contract. The instructional multiyear contract may only be awarded to an employee if he
or she:
Holds an active professional certificate or temporary certificate issued
Has been recommended by the district school superintendent for the instructional multiyear
contract based upon the individual’s evaluation under and approved by the district school
board; and
Has not received an annual performance evaluation rating of unsatisfactory or needs
improvement.
Additionally the bill requires that an employee awarded an instructional multiyear contract who
receives an annual performance evaluation rating of unsatisfactory or needs improvement under
must be returned to an annual contract in the following school year. Such evaluation rating must
be included with the evaluation ratings under subsequent annual contracts for determinations of
just cause.
55
Salary Schedules
The bill modifies s.1012.22, F.S., to authorize district school board salary schedules to:
Use advanced degrees in a salary adjustment for instructional personnel or school
administrators hired on or after July 1, 2011, without the limit regarding individual’s area of
certification.
Award salary adjustments for highly effective teachers between the performance and
grandfathered salary schedules without the requirement that the annual salary adjustment
53
Section 1012.22(1) (c) 3. , F.S.
54
Section 1012.22(1) (c) 5. , F.S. (flush left)
55
Section 1012.33, F.S. Just cause includes, but is not limited to, the following instances, as defined by rule of the State
Board of Education: immorality, misconduct in office, incompetency, two consecutive annual performance evaluation ratings
of unsatisfactory, two annual performance evaluation ratings of unsatisfactory within a 3-year period, three consecutive
annual performance evaluation ratings of needs improvement or a combination of needs improvement and unsatisfactory,
gross insubordination, willful neglect of duty, or being convicted or found guilty of, or entering a plea of guilty to, regardless
of adjudication of guilt, any crime involving moral turpitude. BILL: SPB 7000 Page 13
under the performance salary schedule for an employee rated as highly effective be at least
25 percent greater than the highest annual salary adjustment under the grandfathered
schedule.
Award compensation for longevity without regard for comparable salary adjustments
between the performance and grandfathered salary schedules.
Teacher Recruitment and Critical Teacher Shortage Areas
Present Situation
Critical Teacher Shortage Areas
The State Board of Education (SBE) is required to adopt rules in order to annually identify areas
where there is a critical teacher shortage.
56
Critical teacher shortage area is defined as the high-
need content areas and high-priority location areas identified by the SBE.
57
In identifying critical
teacher shortage areas, the SBE is required to consider current and emerging educational
requirements and workforce demands.
58
The 2023-24 critical teacher shortage report published
by the Florida Department of Education (DOE) identifies the following areas as those of high
needs for 2023-2024:
59
Exceptional Student Education (ESE);
English;
Science-General;
English for Speakers of Other Languages (ESOL);
Reading;
Science-Physical;
Math; and
Tech Education (CTE).
The report identifies that these high need areas account for 4,532 of the 8,888 projected
vacancies for the 2023-2024 school year and 21,933 of the 55,405 courses that were taught by a
teacher not certified in the appropriate field during the 2021-2022 school year.
60
Teacher Recruitment
The DOE, in cooperation with teacher organizations, district personnel offices, and schools,
colleges, and departments of all public and nonpublic postsecondary educational institutions,
shall concentrate on the recruitment and retention of qualified teachers.
61
To assist school
districts in teacher recruitment the DOE must:
62
Develop and implement a system for posting teaching vacancies and establish a database of
teacher applicants that is accessible within and outside the state.
56
Section 1012.07, F.S.
57
Id.
58
Section 1012.07, F.S.
59
Florida Department of Education, Identification of High Demand Teacher Needs for 2023-24, available at
https://www.fldoe.org/core/fileparse.php/20562/urlt/16-2.pdf.
60
Id.
61
Section 1012.05(1), F.S.
62
Section 1012.05(2) (a)-(n), F.S. BILL: SPB 7000 Page 14
Advertise in major newspapers, national professional publications, and other professional
publications and in public and nonpublic postsecondary educational institutions, if needed.
Utilize state and nationwide toll-free numbers.
Conduct periodic communications with district personnel directors regarding applicants.
Provide district access to the applicant database by computer or telephone.
Develop and distribute promotional materials related to teaching as a career, if needed.
Publish and distribute information pertaining to employment opportunities, application
procedures, and all routes toward teacher certification in Florida, and teacher salaries.
Provide information related to certification procedures.
Develop and sponsor the Florida Future Educator of America Program throughout the state.
Identify best practices for retaining high-quality teachers.
Create guidelines and identify best practices for the mentors of first-time teachers and for
new teacher-support programs that focus on the professional assistance needed by first-time
teachers throughout the first year of teaching. The department shall consult with the Florida
Center for Reading Research and the Just Read, Florida! Office in developing the guidelines.
Develop and implement an online Teacher Toolkit that contains a menu of resources, based
on the state academic standards that all teachers can use to enhance classroom instruction and
increase teacher effectiveness, thus resulting in improved student achievement.
Establish a week designated as Educator Appreciation Week to recognize the significant
contributions made by educators to their students and school communities.
Notify each teacher, via e-mail, of each item in the General Appropriations Act and
legislation that affects teachers, including, but not limited to, the Florida Teachers Classroom
Supply Assistance Program, death benefits for teachers, substantive legislation, rules of the
SBE, and issues concerning student achievement.
Once the DOE has adopted the guidelines and identified best practices for the mentors of first-
time teachers and for new teacher-support programs that focus on the professional assistance
needed by first-time teachers throughout the first year of teaching, each school district must
adopt policies based on the DOE guidelines.
63
School districts are also required to electronically
submit accurate public school e-mail addresses for all instructional and administrative personnel
to DOE by September 15th and February 15th each school.
Effect of Proposed Changes
The bill modifies s.1012.07, F.S., by requiring the SBE to develop and publish strategies, in the
Critical Teacher Shortage Areas report, to address the critical teacher shortages areas identified
by the DOE. This may provide guidance and support to address shortages that school districts
may adapt for local needs.
The bill modifies s. 1012.05, F.S., by authorizing school districts to develop and adopt their own
policies relating to mentors and support for first-time teachers. The bill also reduces, from twice
a year to once a year, the number of times school districts must electronically submit all
instructional and administrative personnel to DOE. School districts will now be required to
electronically submit public school e-mail addresses for all instructional and administrative
personnel by September 15
th
each year.
63
Section 1012.05(3) (a), F.S. BILL: SPB 7000 Page 15
Personnel Evaluations
Present Situation
Teacher Evaluation Systems
Under No Child Left Behind, states were required to develop and implement educator and school
leader evaluation systems. The Every Student Succeeds Act removed the requirement, and
instead allowed states and districts to develop and implement evaluation systems.
64
Current Teacher Evaluation System Requirements
The Department of Education (DOE) is required to approve and monitor each school district’s
instructional personnel and school administrator evaluation systems.
65
Evaluation systems for
instructional personnel and school administrators must:
66
Be designed to support effective instruction and student learning growth, and evaluation
results must be used when developing district and school level improvement plans.
Provide appropriate instruments, procedures, timely feedback, and criteria for continuous
quality improvement of the professional skills of instructional personnel and school
administrators, and performance evaluation results must be used when identifying
professional development.
Include a mechanism to examine performance data from multiple sources, including
opportunities for parents to provide input performance evaluations when appropriate.
Identify those teaching fields for which special evaluation procedures and criteria are
necessary.
Differentiate among four levels of performance as follows:
o Highly effective.
o Effective.
o Needs improvement or, for instructional personnel in the first 3 years of employment who
need improvement, developing.
o Unsatisfactory.
Provide for training and monitoring programs based upon guidelines provided by the
department to ensure that all individuals with evaluation responsibilities understand the
proper use of the evaluation criteria and procedures.
Additionally, evaluation criteria must include:
67
Performance of students.—At least one-third of a performance evaluation must be based
upon data and indicators of student performance, as determined by each school district. This
portion of the evaluation must include growth or achievement data of the teacher’s students
or, for a school administrator, the students attending the school over the course of at least 3
years. If less than 3 years of data are available, the years for which data are available must be
used. The proportion of growth or achievement data may be determined by instructional
assignment.
64
Education Commission on States, ESSA: Quick Guides on top issues, https://www.ecs.org/wp-content/uploads/ESSA-
Quick-guides-on-top-issues.pdf, (last visited Nov. 8, 2023).
65
Section 1012.34(1) (b), F.S.
66
Section 1012.34(2) (a)-(f), F.S.
67
Section 1012.34(3) (a), F.S. BILL: SPB 7000 Page 16
Instructional practice.—For instructional personnel, at least one-third of the performance
evaluation must be based upon instructional practice. Evaluation criteria used when annually
observing classroom teachers, must include indicators based upon each of the Florida
Educator Accomplished Practices (FEAP) adopted by the State Board of Education (SBE).
For instructional personnel who are not classroom teachers, evaluation criteria must be based
upon indicators of the FEAP and may include specific job expectations related to student
support. This does not preclude a school administrator from visiting and observing classroom
teachers throughout the school year for purposes of providing mentorship, training,
instructional feedback, or professional learning.
Instructional leadership.—For school administrators, at least one-third of the performance
evaluation must be based on instructional leadership. Evaluation criteria for instructional
leadership must include indicators based upon each of the leadership standards adopted by
the SBE, including performance measures related to the effectiveness of classroom teachers
in the school, the administrator’s appropriate use of evaluation criteria and procedures,
recruitment and retention of effective and highly effective classroom teachers, improvement
in the percentage of instructional personnel evaluated at the highly effective or effective
level, and other leadership practices that result in student learning growth. The system may
include a means to give parents and instructional personnel an opportunity to provide input
into the administrator’s performance evaluation.
Other indicators of performance.—For instructional personnel and school administrators, the
remainder of a performance evaluation may include, but is not limited to, professional and
job responsibilities as recommended by the SBE or identified by the district school board
and, for instructional personnel, peer reviews, objectively reliable survey information from
students and parents based on teaching practices that are consistently associated with higher
student achievement, and other valid and reliable measures of instructional practice.
Measure of Student Performance
Beginning in 2011, school districts were required to use the state’s learning growth model
(Value-Added Model or VAM) for statewide assessment-related courses in educator evaluations;
school districts could also request to use alternatives to the state growth model in educator
evaluations.
68
Additionally, school districts were required to include that 50 percent of the
educator evaluation system be based on student performance on the state’s learning growth. In
Florida, VAM is used to measure the contribution of a teacher or school to student learning
growth. VAM measures the difference in each student’s actual performance on a statewide
assessment from that student’s expected performance, which accounts for specific student and
classroom factors that impact the learning process. VAM scores are produced for the teachers of
the following grades and subjects:
69
English Language Arts (4th–10th);
Mathematics (4th–8th); and
Algebra 1 (8th and 9th grades only).
68
Ch. 2011-01 L.O.F
69
Florida Department of Education, Florida’s Value-Added Models (VAM) Frequently Asked
Questionshttps://www.fldoe.org/core/fileparse.php/7503/urlt/SAS-FLVAM-FAQ.pdf, (Last visited Nov. 9, 2023). BILL: SPB 7000 Page 17
In 2017, the requirement that school districts had to use VAM as the component for student
performance was removed and school districts were allowed to develop their own measure of
student performance.
70
Although, VAM is not required to be used in school district evaluation
systems, DOE requires that only educators with a highly-effective or effective VAM score are
eligible for the UniSIG Supplemental Teacher and Administrator Allocation.
71
The VAM
requirement for eligibility, generally excludes educators who teach in grades K-3, ESE and
ESOL certified teachers, and science teachers.
Effect of the Proposed Changes
The bill modifies s.1012.34, F.S., to remove the requirement that a school district receive
approval from the DOE on its personnel evaluation systems; however school districts must still
submit the personnel evaluation systems to the DOE. The bill makes changes to the required
components in a school district’s evaluation system, by:
Providing school districts flexibility on how to evaluate the instructional practice components
for educators and instructional leadership components.
Requiring that at least half of a performance evaluation must be based upon data and
indicators of student performance.
The bill also prohibits the use of VAM as the sole determinant for any incentive pay for
instructional personnel or school administrators.
Assignment of Teachers
Present Situation
A school district is prohibited from assigning a higher percentage than the district average of
temporarily certified teachers, teachers in need of improvement, or out-of-field to schools that
are graded “D” or “F” if the individual:
72
Has received an effective rating or highly effective rating in the immediate prior year’s
performance evaluation;
Has successfully completed or is enrolled in a teacher preparation program pursuant to or a
teacher preparation program specified in State Board of Education rule, is provided with high
quality mentoring during the first 2 years of employment, holds a certificate and holds a
probationary contract pursuant; or
Holds a probationary contract and has successful teaching experience, and if, in the judgment
of the school principal, students would benefit from the placement of that individual.
70
Ch.2017-116, Laws of Fla.
71
Email, Florida Department of Education, Division of Public Schools, (Sept. 19, 2023). The UniSIG STAA grant allocates
funding for districts to recruit teachers, to low-performing schools who have a rating of highly effective or effective
according to VAM. Educators with a highly-effective VAM rating can receive up $15,000 and educators with an effective
VAM rating can receive up to $7,000.
72
Section 1012.2315, F.S. BILL: SPB 7000 Page 18
Florida defines an “Ineffective Teacher,” “Inexperienced Teacher” and “Out-of-Field Teacher”
as the following:
73
Ineffective Teacher: A teacher who has received a summative performance evaluation rating
of unsatisfactory.
Inexperienced Teacher: A teacher who has been teaching less than four years or teacher who
holds a Temporary Certificate.
74
Out-of-Field Teacher: A teacher assigned as the primary instructor for a course in a subject
for which the teacher is not appropriately qualified based on the requirements articulated in
the Course Code Directory.
In recruiting high-quality teachers to low-performing schools, school district collective
bargaining provisions may not preclude a school district from providing incentives and assigning
teachers to their low-performing schools.
75
Effect of Proposed Changes
The bill modifies s. 1012.2315, F.S., by defining an inexperienced teacher as a teacher with two
or fewer years of experience, aligning Florida’s definition of an inexperienced teacher with the
National Council on Teacher Quality’s (NCTQ) definition of an inexperienced teacher.
76
Additionally, the bill shifts from temporarily certified teachers to inexperienced teachers the
prohibition on school districts assigning a higher percentage to schools graded “D” or “F” than
the school district average. This provides additional flexibility to school districts in the
appointment of effective teachers on a temporary certificate. The bill adds that school district
collective bargaining provisions may not preclude a district from providing incentives using
federal Title I funds.
Voluntary Prekindergarten Program Instructor Training
Present Situation
Each public school and private provider must have, for each prekindergarten class of 11 children
or fewer, at least one prekindergarten instructor who meets each of the following requirements:
77
The prekindergarten instructor must hold, at a minimum, one of the following credentials:
o A child development associate credential issued by the National Credentialing Program
of the Council for Professional Recognition; or
73
Florida Department of Education, Every Student Succeeds Act (ESSA) State Plan, (September 24, 2018), available at
https://www.fldoe.org/core/fileparse.php/14196/urlt/FL-ESSA-StatePlan.pdf, (last visited Nov. 8, 2023).
74
Id. In 2018, at the time of the ESSA state plan submission, Florida’s temporary certificate was valid for three school fiscal
years. The 2023 Legislature passed HB 1 (Ch. 2023-16, Laws of Fla.) to increase the validity period of the temporary
certificate to five school fiscal years.
75
Section 1012.2315, (4) F.S.
76
National Council on Teacher Quality, ESSA Educator Equity Best Practices Guide, available at
https://www.nctq.org/dmsView/NCTQ_ESSA_Educator_Equity_Best_Practices_Guide-Round_1, (last visited Nov. 8, 2023).
NCTQ recommends states should define an inexperienced teacher as a teacher with two or fewer years of experience.
Research demonstrates that teachers in their first two years of teaching are significantly less effective than experienced
teachers, with the gap substantially narrowing by year three.
77
Sections 1002.55(3) (c) and 1002.63(4), F.S. (private providers and public schools, respectively). BILL: SPB 7000 Page 19
o A credential approved by the Department of Children and Families as being equivalent to
or greater than the credential described above.
The prekindergarten instructor must successfully complete, prior to assignment to that
classroom, three emergent literacy training courses that include developmentally appropriate
and experiential learning practices for children and a student performance standards training
course approved by the Department of Education as meeting or exceeding the minimum
standards specified in law. The prekindergarten instructor must complete an emergent
literacy training course at least once every five years after initially completing the three
emergent literacy training courses. The courses must be made available online or in person.
Effect of Proposed Changes
The bill modifies s. 1002.55, F.S., to specify that a newly-hired prekindergarten instructor must
complete the three emergent literacy training courses within 30 days after being hired if the
instructor has not already completed the courses.
School Bus Drivers
Present Situation
Federal law requires that drivers of commercial vehicles meet the following criteria:
78
Is at least 21 years old;
Can read and speak the English language sufficiently to converse with the general public, to
understand highway traffic signs and signals in the English language, to respond to official
inquiries, and to make entries on reports and records;
Can, by reason of experience, training, or both, safely operate the type of commercial motor
vehicle he/she drives;
Is physically qualified to drive a commercial motor vehicle;
Has a currently valid commercial motor vehicle operator's license issued only by one State or
jurisdiction;
Is not disqualified to drive a commercial motor vehicle under the rules in § 391.15;
79
and
Has successfully completed a driver's road test and has been issued a certificate of driver's
road test in accordance with or has presented an operator's license or a certificate of road test
which the motor carrier that employs him/her has accepted as equivalent to a road test.
Florida law provides that in addition to the requirements of 49 C.F.R. s.391, the Commissioner
of Education is authorized to prescribe additional qualifications for school bus drivers through
State Board of Education (SBE) rule.
80
At the time of initial employment a school board is
required that a school bus driver meets the following requirements:
81
Has five years of licensed driving experience.
78
49 C.F.R. s. 391.
79
49 C.F.R. s. 391.15 provides the disqualifying offenses for drivers of commercial motor vehicles, i.e. driving under the
influence and transportation of controlled substances.
80
Section 1012.45(1), F.S.
81
Rule 6A-3.0141(2), F.A.C. BILL: SPB 7000 Page 20
Has submitted to the superintendent a written application for employment in a form
prescribed by the district school board.
Has filed a set of fingerprints for the purpose of the required background check for
determining criminal record.
Following verification of the initial requirements and prior to transporting students school bus
drivers must:
82
Hold a valid commercial driver license with a passenger endorsement and a school bus
endorsement.
Successfully complete 40 hours of preservice training, which must include certified
cardiopulmonary resuscitation (CPR) and first aid training, and must consist of at least 20
hours of classroom instruction and 8 hours of behind-the-wheel training. The classroom
instruction and behind-the-wheel training must be based upon the Department of Education’s
Basic School Bus Operator Curriculum, Revised 2021.
Demonstrate the ability to prepare required written reports.
Be physically capable of operating the vehicle as determined by physical examination, as
evidenced by the Medical Examiner’s Certificate given by a certified medical examiner,
registered with the National Registry of Certified Medical Examiners, and as determined by a
dexterity test administered by the school district
Demonstrate physical and mental capabilities required to carry out all assigned
responsibilities as a school bus operator.
Additionally, on an annual basis school bus drivers must:
83
Successfully complete a minimum of eight hours of inservice training related to the
operator’s responsibilities for transporting students, which may include training hours from
the required certified CPR and first aid training.
Successfully pass a dexterity test administered by the school district and maintain a valid
Medical Examiners Certificate.
Effect of the Proposed Changes
The bill modifies s. 1012.45, F.S., to remove rulemaking authority from the SBE regarding
additional requirements for school district bus drivers. The change provides the authority to
district school boards to adopt requirements for school bus drivers and bus attendants. The
provision includes specific training requirements for district school board rules, including CPR,
first aid, and transportation of students with special needs.
Dale Hickam Excellent Teaching Program
Present Situation
The Dale Hickam Excellent Teaching Program was created to provide funding for bonuses for
teaching excellence. The bonuses were provided for initial certification for up to one 10-year
period. The Department of Education was required distribute to each school district an amount as
82
Rule 6A-3.0141(3), F.A.C.
83
Rule 6A-3.0141(7), F.A.C. BILL: SPB 7000 Page 21
prescribed annually by the Legislature for the Dale Hickam Excellent Teaching Program.
Bonuses were provided to teachers who attained the National Board for Professional Teaching
Standards (NBPTS) certification.
84
In 2008 and thereafter, teaching candidates could still pursue
the NBPTS certification, but at their own expense or with district support.
85
Effect of Proposed Changes
The bill repeals the Dale Hickam Excellent Teaching Program in s. 1012.72, F.S.
Collective Bargaining
Present Situation
The State Constitution guarantees that “the right of employees, by and through a labor
organization, to bargain collectively shall not be denied or abridged.”
86
To implement this
constitutional provision, the Legislature enacted ch. 447, F.S., which provides that the purpose of
collective bargaining is to promote cooperative relationships between the government and its
employees and to protect the public by assuring the orderly and uninterrupted operations and
functions of government.
87
Public employees 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.
88
Regardless of
union membership, each employee is subject to the negotiated collective bargaining agreement
that is applicable to the employee’s position. Through collective bargaining, public employees
89
collectively negotiate with their public employer
90
in the determination of the terms and
conditions of their employment.
91
The Public Employees Relations Commission (PERC) is
responsible for assisting in resolving disputes between public employees and public employers.
92
The certified bargaining agent and the chief executive of the public employer must bargain
collectively and in good faith in the determination of wages, hours, and terms and conditions of
employment of the employees.
93
Any collective bargaining agreement reached between the
parties must be put in writing and signed by the chief executive officer and the bargaining
84
Section 1012.72(1), F.S.
85
Ch. 2008-142, s. 14, Laws of Fla.
86
FLA. CONST. art. 1, s. 6.
87
Section 447.201, F.S.
88
Section 447.301(1) and (2), F.S.
89
Section 447.203(3), F.S., defines the term “public employee” to mean any person employed by a public employer except
for specified exceptions, including Governor appointments, elected officials, employer negotiating representatives, specified
managerial or confidential employees, employees of the Florida Legislature, inmates, specified vegetable inspectors, PERC
employees, and part-time student workers at a state university.
90
The term “public employer” means the state or any county, municipality, or special district or any subdivision or agency
thereof that the commission determines has sufficient legal distinctiveness properly to carry out the functions of a public
employer. Section 447.203(2), F.S.
91
Section 447.301(2), F.S.
92
Section 447.201(3), F.S.
93
Section 447.309(1), F.S. BILL: SPB 7000 Page 22
agent.
94
Such agreement is not binding on the employer until the agreement has been ratified by
the employer and the employees in the bargaining unit.
95
A district school board or charter school governing board that is unable to meet the annual
reporting requirements of classroom teacher and other instructional personnel salary increase due
to a collective bargaining impasse must provide written notification to the department or the
district school board, as applicable, detailing the reasons for the impasse with a proposed
timeline and details for a resolution.
96
Certified Bargaining of Educational Personnel
Through the process of collective bargaining, a number of teacher unions have negotiated
provisions that go beyond the wages, hours, and terms and conditions of employment of the
employees. For example, in Miami-Dade Public Schools and the United Teachers of Dade
agreement, the United Teachers of Dade requested the creation of the following joint tasks:
School Calendar – where the parties agree to discuss the development of all aspects of the
official school calendar for each year of the contract through a joint Calendar Committee.
97
Francisco R. Walker Teacher of the Year Task Force –The task is be to determine the
Francisco R. Walker Miami-Dade County Teacher of the Year.
98
Reports and Forms Control Task Force -- The committee reviews procedures for eliminating,
revising, reducing, or consolidating paperwork and data collection requirements within the
school district and will submit an annual report of its findings to the Superintendent and the
UTD President or Designee by May 1.
99
Education Facilities Planning Committee – where the committee consisting of union
members is involved in the various design stages on new school facilities.
100
The contract between the School Board of Orange County and the Orange County Classroom
Teachers Association created a Faculty Advisory Committees at each school, which provides
feedback on:
101
A rotation plan composed of available staff to substitute in case of emergency.
The purchase and distribution of instructional equipment, materials and supplies.
Student discipline plans, which may include guidelines for referral of students into
alternative education settings.
94
Section 447.309(1), F.S.
95
Id.
96
Section 1011.62(14) (e), F.S.
97
Miami Dade County Public Schools, Miami-Dade County Public Schools and the United Teachers of Dade Contract, at
171, https://www.hrdadeschools.net/ourpages/auto/2018/6/12/49100089/UTD%20-%202022-
2023%20%20Reopener%20Contract%20-%20Effective%20July%201%202022%20-
%20June%2030%202023.pdf?rnd=1677258385309, (last visited Nov. 9, 2023).
98
Id.
99
Id.
100
Miami Dade County Public Schools, Miami-Dade County Public Schools and the United Teachers of Dade Contract, at
186, https://www.hrdadeschools.net/ourpages/auto/2018/6/12/49100089/UTD%20-%202022-
2023%20%20Reopener%20Contract%20-%20Effective%20July%201%202022%20-
%20June%2030%202023.pdf?rnd=1677258385309, (last visited Nov. 9, 2023).
101
Orange County Public Schools and the Orange County Classroom Teachers Association Contract, at 97, https://cdnsm5-
ss15.sharpschool.com/UserFiles/Servers/Server_54619/File/Departments/Human%20Resources/Labor%20Relations/CTA/C
TA%20Contract%2022-23%20--%20FINAL.pdf, (last visited Nov. 9, 2023). BILL: SPB 7000 Page 23
The disposition of discipline referrals in a timely manner.
Additional safeguards to deal with acts of violence, including those involving weapons, and
procedures for notification of teachers when their students have been found to have carried a
weapon on campus.
Other concerns of the faculty which may result in a smoother operation of the school.
Any school-wide drives or collection of money which involve teachers shall not be approved
until such have been discussed with the Faculty Advisory Committee.
Effect of Proposed Changes
The bill modifies s.1012.22, F.S., to allow district school board collective bargaining, may not
preclude a district school board from carrying out its constitutional and statutory duties related to
the following:
Providing incentives to highly effective teachers.
Implementing school improvement plans under s. 1008.33 to address the causes of low
student performance and improve student academic performance and attendance.
Implementing student discipline provisions required by law, including a review of a student’s
abilities, past performance, behavior, and needs.
Implementing school safety plans and requirements.
Implementing staff and student recognition programs.
Distributing correspondence to parents, teachers, and community members related to the
daily operation of schools and the district.
Providing any required notice or copies of information related to the district school board or
district operations which is readily available on the school district’s website.
The school district’s calendar.
The award of instructional multiyear contracts.
Additionally, the bill requires that if district school superintendent appears before the state board
to provide an update on an impasse, the state board must require that the president of the school
district bargaining unit also must appear.
The bill takes effect on July 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None. BILL: SPB 7000 Page 24
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 1002.451, 1002.55,
1004.04, 1004.85, 1004.88, 1011.6202, 1012.05, 1012.07, 1012.22, 1012.2315, 1012.335,
1012.34, 1012.39, 1012.42, 1012.45, 1012.555, 1012.56, 1012.57, 1012.575, 1012.585,
1012.586, and 1012.98.
This bill repeals the following sections of the Florida Statutes: 1012.72. BILL: SPB 7000 Page 25
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.