FLORIDA DEPARTMENT OF EDUCATION
JIM HORNE
Commissioner of Education
STATE BOARD OF EDUCATION
F. PHILIP HANDY,
Chairman
T. WILLARD FAIR,
Vice Chairman
Members
LINDA J. EADS, ED.D.
CHARLES PATRICK GARCÍA
JULIA L. JOHNSON
WILLIAM L. PROCTOR, PH.D.
LINDA K. TAYLOR
Contact:
Name:
Beverly
Gregory
Phone:
850/245-0431
Email: edcert@fldoe.org
MEMORANDUM:
TO:
School District Superintendents
Certification
Contact
Persons
Directors
of
Personnel
FROM:
Beverly Gregory
DATE:
June 25, 2004
SUBJECT:
Certification Legislative Changes 2004 Session
This memorandum and documents are sent to provide information regarding the changes in
educator certification that were enacted in SB 2986 during the 2004 Legislative Session (see
the final enrolled bill at http://static.lobbytools.com/bills/2004/PDF/2986ER.PDF). These
changes are effective June 10, 2004, the day Governor Bush signed the bill into law.
Please note that these are initial information statements and interpretations. Thus, additional
information or details may be forthcoming via various formats, including written documents,
meetings and training sessions. As questions arise or clarifications are needed, please contact
me as indicated above or Veronica White at 850/245-0431.
Your cooperation and support in the certification process and in placing highly qualified teachers
in our classrooms are greatly appreciated.
/bg
BEVERLY GREGORY
CHIEF, BUREAU OF EDUCATOR CERTIFICATION
325 W. GAINES STREET • SUITE 201 • TALLAHASSEE, FL 32399-0400 • (850) 245-0431 • www.fldoe.org
Senate Bill 2986 Certification Law Changes Shown by Bill Section Number:
Section 1.
Amends s. 943.0585, FS. Court ordered expunction of criminal history records.
Requires an individual to acknowledge expunged criminal history records for employment and
licensing purposes to the Department of Education, a school district, university laboratory
school, charter school, and any private or parochial school. Corrects references to defunct
offices within the Department of Education.
Section 2.
Amends s. 943.059, FS. Court-ordered sealing of criminal history records.--
Requires an individual to acknowledge sealed history records for employment and licensing
purposes to the Department of Education, a school district, a university laboratory school,
charter school, and any private or parochial school. Corrects references to defunct offices
within the Department of Education.
Implementation Note for Sections 1 and 2:
All expunged and sealed criminal history records must be acknowledged by individuals seeking
employment or licensure. On-line and hard copy certification application form(s) must include
acknowledgement of expunged and sealed criminal history records and pertinent information
related to those records.
Section 7 (6).
Amends s. 1012.05, FS. Teacher recruitment and retention.
Subsection 6 establishes that the Commissioner of Education will provide flexibility for some
experienced teachers to meet the highly qualified requirements of No Child Left Behind (NCLB)
by use of a High, Objective, Uniform State Standard of Evaluation (HOUSSE) option.
Implementation Note for Section 7(6):
Detailed technical assistance documents are being developed to provide information relating to
the HOUSSE option. The documents will be disseminated at a later date.
Section 9
. Amends s. 1012.32, FS. Qualifications of personnel.
•
Requires instructional and noninstructional personnel who are
hired or contracted to fill
positions in school districts requiring direct contact with students or engaged to provide
services
by a school district or university lab school to undergo background screening
pursuant to s.1012.56 or s. 1012.465.
•
Requires instructional and noninstructional personnel who are
hired or co
ntracted to fill
positions in charter schools and members of the charter school governing board
to undergo
background screening by filing with the district school board in which the charter school is
located a complete set of fingerprints pursuant to s.1012.56 or s.1012.465.
•
Requires instructional and noninstructional personnel who are
hired or contracted to fill
positions in an alternative school that operates under contract with a district system
to
undergo background screening by filing with the district school board in which the alternative
school is located or contracted services provided, a complete set of fingerprints pursuant to
s. 1012.56 or s. 1012.465.
Page 2
•
Requires
student teachers, persons participating in college/university field experiences, and
persons participating in short-term teacher assistant experiences
in any district school,
university lab school, or charter school to undergo background screening by filing with the
district school board a complete set of fingerprints pursuant to s. 1012.56.
•
Stipulates that persons subject to these background screenings who are found to have been
convicted of a crime involving moral turpitude shall not be employed, engaged to provide
services, or serve in any position requiring direct contact with students. Probationary
employees have a right to appeal such employment decisions.
•
Provides that the cost of background screening may be borne by the district school board,
charter school, the employee, the contractor, or the person subject to this background
screening requirement.
•
Deletes the exemption for refingerprinting and rescreening for personnel who have not been
unemployed for more than 90 days.
•
Requires the Florida Department of Law Enforcement (FDLE), beginning July 1, 2004, to
retain fingerprints submitted by a school district pursuant to this section in an automated
statewide identification system to be available for all purposes and uses authorized for
arrest fingerprint cards.
•
Requires FDLE, beginning December 15, 2004, to search all arrest fingerprint cards against
the fingerprints retained in the statewide identification system for those fingerprinted persons
pursuant to s.1012.56 and s.1012.465. Any arrest record that is identified with the retained
fingerprints shall be reported to the employing or contracting school district.
•
Requires each school district to participate in the search process of arrest cards against the
fingerprint identification system and pay an annual fee to FDLE, as adopted in rule. FDLE
has indicated that a $6 fee per person will be proposed in the rule. The fee may be borne by
the school district, the contractor, or the person fingerprinted.
•
Requires the school district to notify FDLE of any change in affiliation, employment, or
contracted status for personnel whose fingerprints are retained in the FDLE system.
•
Requires refingerprinting if fingerprints are not retained in the fingerprint identification
system, upon reemployment or reengagement to provide services.
Implementation Notes for Section 9:
(1) The main changes are to clarify the requirement for fingerprinting and background screening
of school district contracted personnel, charter school personnel, alternative school personnel,
teacher assistants, intern teachers, and persons participating in field experiences who have
direct contact with students and the addition of a fingerprinting requirement for members of
charter school governing boards.
(2) School districts will be working with the FDLE regarding the creation and implementation of a
database of persons fingerprinted pursuant to ss.1012.56 and 1012.465, FS., in their district and
the Level 2 Federal Bureau of Investigation (FBI) screening that is required every five years.
The Level 2 screening fee currently is $23 per individual.
It is important to note that a district
has the responsibility to notify FDLE of any person who leaves or terminates
employment in the district to be removed from the database.
Page 3
(3) Eliminates the use of the CT-119 form verifying employment in lieu of fingerprinting for
applications received after June 10, 2004.
(4) Persons whose employment is ended and are subsequently rehired or contracted by a
school district, alternative school, charter school, lab school, or private school shall be subject to
resubmission of fingerprints for background screening by FDLE and the FBI.
Section 12.
Amends s. 1012.35, FS. Substitute teachers.
•
Requires districts to adopt procedures for employment of substitutes to include:
1.
Documentation of a minimum education level of a high school diploma or its equivalent.
2.
Completion of an initial orientation/training program in school district policies and
procedures addressing school safety and security procedures, educational liability laws,
professional responsibilities, and ethics.
3.
Candidates without prior teaching experience must complete an additional training
program that includes classroom management skills and instructional strategies prior to
employment.
•
Allows the required substitute teacher training programs to be provided by educator
preparation institutes pursuant to s. 1004.85, community colleges, colleges of education,
district school boards, educational consortia, or commercial vendors.
•
Recommends that ongoing training and access to professional development offerings be
made available to substitute teachers by the employing school district.
•
Requires the Department of Education to develop web-based resources to enhance school
district substitute teacher orientation programs.
•
Requires districts to develop performance appraisal measures for assessing the quality of
instruction delivered by substitute teachers who provide instruction for 30 or more days in a
single classroom placement.
Section 13.
Amends s. 1012.39, FS. Employment of substitute teachers, teachers of adult
education, non-degreed teachers of career education, and career specialists; students
performing clinical field experiences.--
Each district school board shall establish minimal requirements for substitute teachers to:
1.
Provide documentation of a minimum education level of a high school diploma or its
equivalent.
2.
Complete an initial orientation/training program in school district policies and procedures
addressing school safety and security procedures, educational liability laws, professional
responsibilities, and ethics.
Implementation Note for Sections 12 and 13:
Many school districts may already have school board policies and procedures that comply with
or exceed the substitute teacher education and training requirements now stipulated in law.
However, if a school district does not have current policies for substitute teachers pursuant to
Page 4
the education and training requirements now in law, the school board must adopt such policies
and implement them for all substitute teachers both existing and new hires.
Section 14.
Creates s. 1012.465, FS. Background screening requirements for certain
noninstructional school district employees and contractors.--
•
Requires noninstructional school district and contractual personnel who have direct contact
with students or who have access to or control of funds to meet Level 2 FBI fingerprint
screening requirements and to be screened for Level 2 requirements every 5 years following
employment or entry into a contracted capacity.
•
Requires the school district to request that FDLE forward the fingerprints to the FBI. If the
fingerprints have not been retained by FDLE, the person so employed or contracted, must
file a new set of fingerprints with the school district and the fingerprints shall be retained by
FDLE.
•
Provides that the cost of the criminal history check may be borne by the school district,
contractor, or the person fingerprinted. The current fee for the Level 2 screening
requirement is $23.
•
Requires that the person employed or under contract must agree under penalty of perjury to
inform the employer or contracted party within 48 hours if convicted of any disqualifying
offense while he or she is employed or under contract.
•
Requires that a person who is employed or under contract who does not meet Level 2
screening requirements shall be suspended and remain suspended until final resolution of
any appeals.
Implementation Notes for Section 14:
(1) The main changes are to clarify the requirement for fingerprinting and background screening
of school district employed or contracted non-instructional personnel who have direct contact
with students. However, non-instructional employees who have access to or control of school
funds are also required to meet these fingerprinting and Level 2 screening requirements.
(2) There are also two additional new requirements:
•
Beginning July 1, 2004, each non-instructional employee must meet FBI Level 2
screening requirements every 5 years after initial employment. Prior to July 1, 2004,
fingerprints have not been retained by FDLE for these current school district employees.
Thus, it will be necessary that these employees be refingerprinted. Since the current
number of affected employees is so large and may be overwhelming to the school
district and the FDLE systems, the Department and FDLE have agreed that a phase-in
plan to implement this new five-year refingerprinting requirement is appropriate. It is
recommended that the district refingerprint approximately twenty percent of the non-
instructional employees each year over a five-year period in order to have all non-
instructional employees entered into the FDLE database by July 1, 2009.
•
A self-reporting requirement for the non-instructional employee to the employer or
contractor within 48 hours of conviction of a disqualifying offense is stipulated.
Page 5
Section 15.
Amends s. 1012.55, FS. Positions for which certificates required.--
•
Directs the Department of Education to annually publish a directory of course code numbers
for all courses and programs that are funded through the Florida Education Finance
Program (FEFP). The directory shall also include the appropriate certification areas for the
courses and programs.
•
Conforms “background screening” language for junior ROTC instructors with remaining
sections of the bill.
Implementation Note for Section 15:
Codifies into law the existing Course Code Directory of Instructional Personnel Assignments.
Section 16.
Amends s. 1012.56, FS. Educator certification requirements.
•
Clarifies the three tier process for issuing a Professional Certificate, Temporary Certificate,
or a statement of eligibility.
•
Allows the Department of Education to accept an affidavit in lieu of a written notarized oath
via an electronic authentication for the online certification application or an original signature
for the hardcopy certification application.
•
Requires the applicant to attest to uphold the principles of the U.S. and Florida Constitutions
and to provide complete, accurate, and truthful information on the certification application
under the warning that false information may result in criminal prosecution and disciplinary
action by the Education Practices Commission.
•
Makes a technical change to delete an obsolete bureau name and replace it with a more
descriptive designation by referencing the investigative section of the Department of
Education.
•
Allows the State Board of Education to examine a certificate issued by a national
credentialing board other than the National Board for Professional Teaching Standards for
acceptance to satisfy the requirement for demonstrating mastery of general knowledge,
subject area knowledge, and professional knowledge for an Educator Certificate.
•
Allows for the completion of an alternative certification program pursuant to s. 1004.85 and a
passing score on the professional education competency examination to satisfy the
requirement of demonstration of professional preparation and education competence for a
Professional Certificate.
•
Establishes that a fingerprint report for a Level 2 screening conducted by a school district or
the Department of Education is valid for a 12-month period prior to issuance of an Educator
Certificate.
Page 6
•
Requires that each person required to be certified and who is employed by a school district
be subject to a Level 2 screening every five years. The current fee for a Level 2 screening
is $23.
•
Requires that the FDLE forward the fingerprints to the FBI for Level 2 screening. If the
fingerprints have not been retained by the FDLE, the person shall file a set of fingerprints
with the school district to be sent to FDLE for forwarding to the FBI for a Level 2 screening.
The fingerprints shall be retained by the FDLE. FDLE is proposing that the annual fee for
maintaining the prints is $6 per individual.
•
Provides that the cost for screening may be borne by the school district or the employee.
•
Requires each person who is certified to agree under penalty of perjury to inform his or her
employer within 48 hours if convicted of any disqualifying offense while he or she is
employed in a position for which certification is required.
•
Requires that a person who is required to have certification who is found not to meet Level 2
screening under s. 1012.796 be immediately suspended from the position and certification
suspended or revoked.
Implementation Notes for Section 16:
(1) Effective June 10, 2004, a notarized signature is not required on the hard copy certification
application; however, the applicant’s original signature is still required attesting to uphold the
principles of the Florida and United States constitutions and attesting that the information on the
application form is complete, accurate, and truthful. In the next printing, the application form will
be revised accordingly, though previous application forms printed since July 2001 will still be
accepted. Of course, if the applicant has already had the signature notarized, that is
acceptable. If a notary section was not completed and it has been requested by the certification
office, the applicant must submit a CT-102 form with an original signature. The online
application is to be modified to accept an electronic affidavit rather than the separate notary
form (CT102). Now with the credit card payment activated and this elimination of the notarized
signature, the online application is truly a complete application with the exception of transcripts
that are not sent via the electronic Florida system (FASTER).
(2) On June 15, 2004, the State Board of Education agreed to accept a valid certificate issued
by the American Board for Certification of Teacher Excellence (ABCTE) as an approved option
to satisfy requirements for issuance of a Temporary Certificate in a comparable subject area as
shown on a certificate and to meet all requirements for the Professional Certificate except the
Professional Education Competence (PEC) demonstration requirement. At this time only a
small number of ABCTE certificates have been issued.
(3) Completion of a postsecondary educator preparation institute alternative certification
program, as described in Section 5 of this bill, will provide another option for satisfying the
professional preparation and education competence requirement for a Professional Certificate.
The institute and alternative preparation program must be approved by the Department of
Education. The alternative certification preparation program must be combined with a passing
score on the Professional Education test.
Page 7
(4) A significant change is the 12 month validity period for a fingerprint report for a person
seeking initial certification.
The 12 months is the period prior to the July 1 beginning
validity date of the certificate to be issued.
Note this change eliminates the fingerprinting
exception for individuals unemployed for 90 days or less. The Form CT-119 is no longer
acceptable.
(5) Each person who is required to be certified must meet FBI Lvel 2 screening requirements
every 5 years after initial certification. Prior to July 1, 2004, fingerprints have not been retained
by FDLE for current school district instructional employees. Thus, it will be necessary that these
employees be refingerprinted. Since the current number of affected employees is so large and
may be overwhelming to the school district and the FDLE systems, the Department and FDLE
have agreed that a phase-in plan to implement this new five-year refingerprinting requirement is
appropriate. It is recommended that school districts refingerprint
certified
employees every
five years at the time of renewal of a Professional Certificate
or at the time the applicant is
going to move from a Temporary to the first Professional Certificate and to request a
Level 2 screening by the FBI every five years thereafter
.
(6) The established process for referral and review by the Professional Practices Services and
the Education Practices Commission are still required prior to certificate suspension or
revocation.
Section 17.
Creates s. 1012.561, FS. Address of record.--
•
Requires all certified educators and applicants for certification to have their current mailing
address on file with the Bureau of Educator Certification by January 1, 2005.
•
Requires all certified educators and applicants for certification to notify their employing
school district of a change of address within 10 days or “if not employed” to notify the
Department within 30 days.
•
The employing school district shall notify the Department on a monthly basis of changes of
address for certified employees.
Implementation Notes for Section 17:
(1) No later than January 1, 2005, each certified educator or applicant shall have on file with the
Bureau of Educator Certification a current mailing address.
(2) Certified employees shall be advised of their responsibility to notify the employing school
district of any change in mailing address within 10 days.
(3) The school district shall in turn update the profile screen in the online district certification
system to reflect the new mailing address as soon as possible, but no longer than 30 days after
the address change is known.
(4) Certified educators or applicants who are not employed by a school district shall notify the
Bureau of Educator Certification of a change in mailing address within 30 days. The preferred
method of notification will be for the applicant to enter the new mailing address via secure
access to the Application Status Lookup web site. However, the change may be submitted via
email or in writing.
Page 8
Section 18.
Amends s. 1012.57, FS. Certification of adjunct educators.--
Conforms “background screening” language for certification of adjunct educators with other
sections of the bill.
Section 19:
Amends s. 1012.585, FS. Process for Renewal of Professional Certificates.--
•
Requires the State Board of Education to adopt rules to provide for the expanded use of
training in the teaching of reading for renewal of a Professional Certificate.
•
Allows the banking of the college credit or inservice points in the teaching of reading in
excess of the 6 semester hours required for renewal of a professional certificate to be used
for a subsequent certificate renewal(s).
•
Allows college credit or inservice points in the teaching of reading earned while holding a
Temporary Certificate to be used for the renewal of the first Professional Certificate.
Implementation Notes for Section 19:
(1) The law provides immediate authority for the banking of excess inservice points or college
credit in teaching reading even prior to the renewal rule revision. This law supersedes the rule
revision process that will require several months to complete. The same procedures that are in
place for the banking of ESOL inservice or college credit are appropriate for implementation.
(2) A certificate holder may bank inservice or college credit completed in teaching reading
during the validity period of a Temporary Certificate to use toward the
first renewal
of a
Professional Certificate. The Temporary and Professional Certificate must be issued for
consecutive school years and such training must not have been included within the degree
program.
(3) A certificate holder may bank inservice or college credit in the teaching of reading in excess
of the120 inservice points or 6 semester hours college credit needed for renewal to be used for
renewal of a Professional Certificate during subsequent renewal periods.
cc: Charter Schools
Staff Development Directors
Page 9