The Best and Brightest 2017 ANNUAL F.E.N. CONFERENCE Douglas G. Griffin, ESQ

§ 1012.731, Fla. Stat., amended to provide: Only “Classroom Teachers” Eligible For Recruitment and Retention Awards § 1012.731, Fla. Stat., amended to provide: The Florida Best and Brightest Teacher Scholarship Program is created to be administered by the Department of Education. The scholarship program shall provide categorical funding for scholarships to recruitment and retention awards to classroom teachers, as defined in 1012.01(2)(a), and recognition awards to instructional personnel, as defined in 1012.01(2), to be funded as provided in s. 1011.62(18)

ONLY K-12 Staff are Eligible for Awards § 1012.01, Fla. Stat., defines “classroom teachers” as follows: (2) Instructional personnel.--“Instructional personnel” means any K-12 staff member whose function includes the provision of direct instructional services to students. Instructional personnel also includes K-12 personnel whose functions provide direct support in the learning process of students. Included in the classification of instructional personnel are the following K- 12 personnel: (a) Classroom teachers.--Classroom teachers are staff members assigned the professional activity of instructing students in courses in classroom situations, including basic instruction, exceptional student education, career education, and adult education, including substitute teachers.

Pre-K and Adult Ed The State of Florida Auditor General conducted audits throughout the state and determined the following; “State law does not include prekindergarten teachers in the definition of classroom teachers, limits the definition of classroom teachers to K-12 personnel, and separately defines prekindergarten instructors.” The State has directed districts to return funds to the FLDOE if any ineligible payments were made. Below are links to Operational Audits for two school districts that received these notices: Clay County – https://flauditor.gov/pages/pdf_files/2019-115.pdf Citrus County – https://flauditor.gov/pages/pdf_files/2019-069.pdf SB 7070 DID NOT FIX THIS!!!

Who Else Is Not Included “Classroom teachers” do not included: (b) Student personnel services.--Student personnel services include staff members responsible for: advising students with regard to their abilities and aptitudes, educational and occupational opportunities, and personal and social adjustments; providing placement services; performing educational evaluations; and similar functions. Included in this classification are certified school counselors, social workers, career specialists, and school psychologists. [note: these employees will be eligible for recognition awards payable in 2019-2020]

Who Else Is Not Included “Classroom teachers” do not included: (c) Librarians/media specialists.--Librarians/media specialists are staff members responsible for providing school library media services. These employees are responsible for evaluating, selecting, organizing, and managing media and technology resources, equipment, and related systems; facilitating access to information resources beyond the school; working with teachers to make resources available in the instructional programs; assisting teachers and students in media productions; and instructing students in the location and use of information resources. [note: these employees will be eligible for recognition awards payable in 2019- 2020]

Who Else Is Not Included “Classroom teachers” do not included: (d) Other instructional staff.--Other instructional staff are staff members who are part of the instructional staff but are not classified in one of the categories specified in paragraphs (a)-(c). Included in this classification are primary specialists, learning resource specialists, instructional trainers, adjunct educators certified pursuant to s. 1012.57, and similar positions. [note: these employees will be eligible for recognition awards payable in 2019-2020]

What Did Broward Do? 2017-2018 Pay-outs: Teacher had to have at least 1 FTE generating student on the teacher’s roster. If teacher was on unpaid leave for all of either 16-17 or 17-18, teacher was not eligible. Pre-k and Adult Ed teachers (w/o an assigned k-12 student) were not eligible.

What Did Broward Do? 2018-2019 Pay-outs Teacher with at least 1 FTE generating student on the teacher’s roster qualified. Team of educators/administrators reviewed other job descriptions/positions that met statutory definition, even though they didn’t have students assigned in TERMS. Others were allowed to apply in writing as to why they felt they met the statutory standard. Teacher had to be classroom teacher for both 16-17 and 17-18 for smaller awards. Teacher only had to remain employed for $6,000 award (based on statutory change). If teacher was on unpaid leave for all of 17-18, teacher was eligible. Pre-k teachers (w/o an assigned k-12 student) were paid out of the General Fund.

S.B. 7070 Changes The New Awards: (3)(a) To be eligible for a one-time recruitment award as specified in the General Appropriations Act, a newly hired classroom teacher must be a content expert, based on criteria established by the department, in mathematics, science, computer, science, reading, or civics.

S.B. 7070 Changes The New Awards: (b) To be eligible for a retention award as specified in the General Appropriations Act, a classroom teacher must have been rated as highly effective or effective the preceding year pursuant to s. 1012.34, and teach in a school for 2 consecutive school years, including the current year, which has improved an average of 3 percentage points or more in the percentage of total possible points achieved for determining school grades over the prior 3 years.

S.B. 7070 Changes The New Awards: (c) To be eligible for a recognition award, instructional personnel must be rated as highly effective or effective and be selected by his or her school principal, based on performance criteria and policies adopted by the district school board or charter school governing board. Recognition awards must be provided from funds remaining under the allocation provided in s. 1011.62(18) after the payment of all teacher recruitment and retention awards and principal awards authorized under this section and the General Appropriations Act

Best and Brightest Teachers deserve a lot of credit. Of course, if we paid them more, they wouldn’t need it.

A Word About Charters If the teacher now works for you – Trust (or don’t) but verify. When reporting for Charter Schools – DOE has told Broward that the Charter School is responsible for their own information.

The Florida Best and Brightest Principal Scholarship Program (3) A school principal identified pursuant to s. 1012.731(4)(c) is eligible to receive an award, as specified in the General Appropriations Act, under this section if he or she has served as school principal at his or her school for at least 4 consecutive school years, including the current school year, and the school has improved an average of 3 percentage points or more in the percentage of total possible points achieved for determining school grades over the prior 3 years.

HOW MUCH ARE THE AWARDS? The 2019 Appropriations Act sets some of the awards as follows: The one-time recruitment award shall be an amount up to $4,000; The retention award shall be $2,500 for highly effective teachers; The retention award shall be $1,000 for effective teachers; and The principal award shall be $5,000. There is no set amount for the award based on performance criteria and policies adopted by the district school board or charter school governing board.

The Best and Brightest 2017 ANNUAL F.E.N. CONFERENCE Douglas G. Griffin, ESQ