CHAPTER 1012

1012.01 Definitions. As used in this chapter, the following terms have the following meanings: (1) SCHOOL OFFICERS. — The officers of the state system of public K-12 and Florida College System institution education shall be the Commissioner of Education and the members of the State Board of Education; for each district school system, the officers shall be the district school superintendent and members of the district school board; and for each Florida College System institution, the officers shall be the Florida College System institution president and members of the Florida College System institution board of trustees. (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. (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. (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. (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. (e) Education paraprofessionals. — Education paraprofessionals are individuals who are under the direct supervision of an instructional staff member, aiding the instructional process. Included in this classification are classroom paraprofessionals in regular instruction, exceptional education paraprofessionals, career education paraprofessionals, adult education paraprofessionals, library paraprofessionals, physical education and playground paraprofessionals, and other school-level paraprofessionals. (3) ADMINISTRATIVE PERSONNEL. — “Administrative personnel” includes K-12 personnel who perform management activities such as developing broad policies for the school district and executing those policies through the direction of personnel at all levels within the district. Administrative personnel are generally high-level, responsible personnel who have been assigned the responsibilities of systemwide or schoolwide functions, such as district school superintendents, assistant superintendents, deputy superintendents, school principals, assistant principals, career center directors, and others who perform management activities. Broad classifications of K-12 administrative personnel are as follows: (a) District-based instructional administrators. — Included in this classification are persons with district-level administrative or policymaking duties who have broad authority for management policies and general school district operations related to the instructional program. Such personnel often report directly to the district school superintendent and supervise other administrative employees. This classification includes assistant, associate, or deputy superintendents and directors of major instructional areas, such as curriculum, federal programs such as Title I, specialized instructional program areas such as exceptional student education, career education, and similar areas. (b) District-based noninstructional administrators. — Included in this classification are persons with district-level administrative or policymaking duties who have broad authority for management policies and general school district operations related to the noninstructional program. Such personnel often report directly to the district school superintendent and supervise other administrative employees. This classification includes assistant, associate, or deputy superintendents and directors of major noninstructional areas, such as personnel, construction, facilities, transportation, data processing, and finance. (c) School administrators. — Included in this classification are: 1. School principals or school directors who are staff members performing the assigned activities as the administrative head of a school and to whom have been delegated responsibility for the coordination and administrative direction of the instructional and noninstructional activities of the school. This classification also includes career center directors. 2. Assistant principals who are staff members assisting the administrative head of the school. This classification also includes assistant principals for curriculum and administration. (d) Extracurricular activities administrator. — Included in this classification is any athletic director or coach or any activity director or sponsor specified by the district school superintendent at the request of the individual. The district school superintendent may negotiate individual compensation in excess of compensation otherwise awardable pursuant to s. 1012.22. Such compensation may not exceed the compensation of the highest paid administrator in the district. (4) YEAR OF SERVICE. — The minimum time which may be recognized in administering K-12 education, not including retirement, as a year of service by a school employee shall be full-time actual service; and, beginning July 1963, such service shall also include sick leave and holidays for which compensation was received but shall exclude all other types of leave and holidays for a total of more than one-half of the number of days required for the normal contractual period of service for the position held, which shall be 196 days or longer, or the minimum required for the district to participate in the Florida Education Finance Program in the year service was rendered, or the equivalent for service performed on a daily or hourly basis; provided, further, that absence from duty after the date of beginning service shall be covered by leave duly authorized and granted; further, the school board shall have authority to establish a different minimum for local district school purposes. (5) SCHOOL VOLUNTEER. — A K-12 school volunteer is any nonpaid person who may be appointed by a district school board or its designee. School volunteers may include, but may not be limited to, parents, senior citizens, students, and others who assist the teacher or other members of the school staff. (6) EDUCATIONAL SUPPORT EMPLOYEES. — “Educational support employees” means K-12 employees whose job functions are neither administrative nor instructional, yet whose work supports the educational process. (a) Other professional staff or nonadministrative/noninstructional employees are staff members who perform professional job functions which are nonadministrative/noninstructional in nature and who are not otherwise classified in this section. Included in this classification are employees such as doctors, nurses, attorneys, certified public accountants, and others appropriate to the classification. (b) Technicians are individuals whose occupations require a combination of knowledge and manual skill which can be obtained through about 2 years of post-high school education, such as is offered in many career centers and Florida College System institutions, or through equivalent on-the-job training. (c) Clerical/secretarial workers are individuals whose job requires skills and training in clerical-type work, including activities such as preparing, transcribing, systematizing, or preserving written communications and reports or operating equipment performing those functions. Included in this classification are secretaries, bookkeepers, messengers, and office machine operators. (d) Skilled crafts workers are individuals who perform jobs which require special manual skill and a thorough and comprehensive knowledge of the processes involved in the work which is acquired through on-the-job training and experience or through apprenticeship or other formal training programs. Lead workers for the various skilled crafts areas shall be included in this classification. (e) Service workers are staff members performing a service for which there are no formal qualifications, including those responsible for: cleaning the buildings, school plants, or supporting facilities; maintenance and operation of such equipment as heating and ventilation systems; preserving the security of school property; and keeping the school plant safe for occupancy and use. Lead workers in the various service areas shall be included in this broad classification. (7) MANAGERS. — “Managers” includes those K-12 staff members who perform managerial and supervisory functions while usually also performing general operations functions. Managers may be either instructional or noninstructional in their responsibility. They may direct employees’ work, plan the work schedule, control the flow and distribution of work or materials, train employees, handle complaints, authorize payments, and appraise productivity and efficiency of employees. This classification includes coordinators and supervisors working under the general direction of those staff identified as district-based instructional or noninstructional administrators. History. — s. 689, ch. 2002-387; s. 6, ch. 2004-295; ss. 6, 131, ch. 2004-357; s. 161, ch. 2007-217; s. 182, ch. 2011-5; s. 12, ch. 2013-89; s. 7, ch. 2026-93. PART II PERSONNEL ISSUES 1012.05 Teacher recruitment and retention. 1012.06 Temporary assignment of professional staff within the state education system. 1012.07 Identification of high-demand teacher needs areas. 1012.05 Teacher recruitment and retention. (1) The Department of Education, 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. (2) The Department of Education shall: (a) Develop and implement a system for posting teaching vacancies and establish a database of teacher applicants that is accessible within and outside the state. (b) Advertise in major newspapers, national professional publications, and other professional publications and in public and nonpublic postsecondary educational institutions, if needed. (c) Utilize state and nationwide toll-free numbers. (d) Conduct periodic communications with district personnel directors regarding applicants. (e) Provide district access to the applicant database by computer or telephone. (f) Develop and distribute promotional materials related to teaching as a career, if needed. (g) Publish and distribute information pertaining to employment opportunities, application procedures, and all routes toward teacher certification in Florida, and teacher salaries. (h) Provide information related to certification procedures. (i) Develop and sponsor the Florida Future Educator of America Program throughout the state. (j) Identify best practices for retaining high-quality teachers. (k) 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. (l) 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. (m) Establish a week designated as Educator Appreciation Week to recognize the significant contributions made by educators to their students and school communities. (n) 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 State Board of Education, and issues concerning student achievement. (3)(a) Each school board shall adopt policies relating to mentors and support for first-time teachers, which may include the guidelines issued by the Department of Education. (b) By September 15 each school year, each school district shall electronically submit accurate public school e-mail addresses for all instructional and administrative personnel, as identified in s. 1012.01(2) and (3), to the Department of Education. (4) The Department of Education, in cooperation with district personnel offices, may sponsor a job fair in a central part of the state to match in-state educators and potential educators and out-of-state educators and potential educators with teaching opportunities in this state. The Department of Education is authorized to collect a job fair registration fee not to exceed $20 per person and a booth fee not to exceed $250 per school district or other interested participating organization. The revenue from the fees shall be used to promote and operate the job fair. Funds may be used to purchase promotional items such as mementos, awards, and plaques. The Department of Education shall also coordinate a best practice community to ensure that school district personnel responsible for teacher recruitment and other human resources functions are operating with the most up-to-date knowledge. (5) Subject to proviso in the General Appropriations Act, the Commissioner of Education may use funds appropriated by the Legislature and funds from federal grants and other sources to provide incentives for teacher recruitment and preparation programs. The purpose of the use of such funds is to recruit and prepare individuals who do not graduate from state-approved teacher preparation programs to teach in a Florida public school. The commissioner may contract with entities other than, and including, approved teacher preparation programs to provide intensive teacher training leading to passage of the required certification exams for the desired subject area or coverage. The commissioner shall survey school districts to evaluate the effectiveness of such programs. History. — s. 691, ch. 2002-387; s. 40, ch. 2003-391; s. 14, ch. 2004-271; s. 7, ch. 2004-295; s. 181, ch. 2010-102; s. 5, ch. 2013-185; s. 91, ch. 2014-39; s. 3, ch. 2016-58; s. 18, ch. 2023-13; s. 18, ch. 2024-159. 1012.06 Temporary assignment of professional staff within the state education system. To facilitate economical and effective use of professional staff, school districts, public postsecondary educational institutions, and the Department of Education may enter into written agreements assigning employees among themselves. The purpose of the temporary assignment is to bring staff together within the state system of education, notwithstanding their current places of assignment or agencies of employment, who possess specific or unique knowledge or experience especially suited to solving specific problems, developing new programs, or providing technical assistance on specific tasks or programs. (1) A person may be temporarily assigned for whatever period of time is required for a specific task; however, no assignment may be for a period of more than 2 years. (2) A person on temporary assignment shall be considered on temporary assignment duty to regular work assignments of the sending agency; shall be entitled to all benefits to which the person would otherwise be entitled, including compensation for injury or disability; shall receive the same salary and benefits as at the person’s regular assignment; and shall remain an employee of the permanent employer for all purposes, except that the person shall be supervised by the agency to which assigned. Payment of such salary and benefits may be made by either agency as provided in the assignment agreement. (3) Travel and per diem expenses incurred while a person is on temporary assignment shall be paid by the agency to which the person is assigned. Round-trip travel and moving expenses from the person’s permanent location to the temporary assignment may be paid by either agency, as provided in the assignment agreement, for any assignment in excess of 3 months. Notwithstanding s. 112.061 to the contrary, a person may be paid per diem expenses for any temporary assignment of 3 months or less. History. — s. 692, ch. 2002-387. 1012.07 Identification of high-demand teacher needs areas. The term “high-demand teacher needs area” means high-need content areas and high-priority location areas identified by the State Board of Education. The State Board of Education shall adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to annually identify high-demand teacher needs areas. The state board must consider current and emerging educational requirements and workforce demands in determining high-demand teacher needs areas. School grade levels may also be designated critical teacher shortage areas. Individual district school boards may identify and submit other high-demand teacher needs areas. Such submissions must be aligned to current and emerging educational requirements and workforce demands in order to be approved by the State Board of Education. High-priority location areas must be in high-density, low-economic urban schools; low-density, low-economic rural schools; and schools that earned a grade of “F” or three consecutive grades of “D” pursuant to s. 1008.34. The State Board of Education shall develop strategies to address high-demand teacher needs areas. History. — s. 693, ch. 2002-387; s. 9, ch. 2011-1; s. 18, ch. 2011-37; s. 10, ch. 2012-194; s. 19, ch. 2024-159; s. 45, ch. 2025-110. 1 Note. — Section 17, ch. 2011-1, provides that “[c]hapter 2010-279, Laws of Florida, does not apply to any rulemaking required to administer this act.” PART III PUBLIC SCHOOLS; PERSONNEL A. Department of Education, District School Board, District School Superintendent, and School Principal Duties; Public School Personnel B. Personnel Files, Qualifications, Contracts, Assessment for Public Schools C. Personnel, Instructional and Noninstructional; Authorization; Requirements D. Educator Certification for Public Schools; Renewal; Duties E. Leave, Retirement, Workers’ Compensation in Public Schools F. Educator Benefits; Liability Protection; Awards in Public Schools G. Personnel Discipline and Assistance in Public Schools A. Department of Education, District School Board, District School Superintendent, and School Principal Duties; Public School Personnel 1012.21 Department of Education duties; K-12 personnel. 1012.22 Public school personnel; powers and duties of the district school board. 1012.23 School district personnel policies. 1012.2315 Assignment of teachers. 1012.24 Employment and compensation of instructional personnel during specific emergencies. 1012.25 School officers to turn over money and property to successors. 1012.26 Legal services for employees; reimbursement for judgments in civil actions. 1012.27 Public school personnel; powers and duties of district school superintendent. 1012.28 Public school personnel; duties of school principals. 1012.21 Department of Education duties; K-12 personnel. (1) PERIODIC CRIMINAL HISTORY RECORD CHECKS. — In cooperation with the Florida Department of Law Enforcement, the Department of Education may periodically perform criminal history record checks on individuals who hold a certificate pursuant to s. 1012.56 or s. 1012.57. (2) COMPUTER DATABASE OF CERTAIN PERSONS WHOSE EMPLOYMENT WAS TERMINATED. — (a) The Department of Education shall establish a computer database containing the names of persons whose employment is terminated under s. 1012.33(1)(a) or (4)(c), which information shall be available to the district school superintendents and their designees. (b) Each district school superintendent shall report to the Department of Education the name of any person terminated under s. 1012.33(1)(a) or (4)(c) within 10 working days after the date of final action by the district school board on the termination, and the department shall immediately enter the information in the computer records. (3) SUSPENSION OR DENIAL OF TEACHING CERTIFICATE DUE TO CHILD SUPPORT DELINQUENCY. — The Department of Education shall work cooperatively with the Department of Revenue to establish an automated method for periodically disclosing information relating to individuals who hold a certificate pursuant to s. 1012.56 or s. 1012.57 to the Department of Revenue, the state’s Title IV-D agency. The purpose of this section is to promote the public policy of this state relating to child support as established in s. 409.2551. The department shall, when directed by the court or the Department of Revenue pursuant to s. 409.2598, deny or suspend the application of any applicant found not to be in compliance with a support order, a subpoena, an order to show cause, or a written agreement with the Department of Revenue. The department shall issue or reinstate the certificate without additional charge to the certificateholder when notified by the court or the Department of Revenue that the certificateholder has complied with the terms of the support order. The department is not liable for any certificate denial or suspension resulting from the discharge of its duties under this section. (4) CONFERENCES OF PUBLIC SCHOOL PERSONNEL. — As a means of stimulating the professional improvement of personnel in service, the Department of Education may call conferences of personnel of the public schools on matters relating solely to education, which conferences, if held on a school day within the period of time covered by a contract, shall be attended with pay by all who may be designated in the call of the Department of Education, provided that the call of the Department of Education may indicate that attendance is optional, and that in any case of those absent from their usual duties during the time of the conference, only those actually in attendance at the conference shall be entitled to pay for time covered by the conference. (5) SCHOOL-RELATED EMPLOYEE OF THE YEAR PROGRAM. — The Department of Education shall, by rule, provide for a School-Related Employee of the Year Program. In addition to any other provision, the department shall include in such rules that: (a) The program shall apply to school-related employees. (b) The program shall be modeled after the Teacher of the Year Program. (c) One school-related employee of the year shall be nominated by each district school board in the state. (d) A selection process shall be instituted to select the school-related employee of the year so that the top five finalists receive awards under the program. (6) REPORTING. — The Department of Education shall annually post online links to each school district’s collective bargaining contracts and the salary and benefits of the personnel or officers of any educator association which were paid by the school district pursuant to s. 1012.22. History. — s. 696, ch. 2002-387; s. 55, ch. 2006-74; s. 179, ch. 2007-5; s. 9, ch. 2008-92. 1012.22 Public school personnel; powers and duties of the district school board. The district school board shall: (1) Designate positions to be filled, prescribe qualifications for those positions, and provide for the appointment, compensation, promotion, suspension, and dismissal of employees as follows, subject to the requirements of this chapter: (a) Positions, qualifications, and appointments. — 1. The district school board shall act upon written recommendations submitted by the district school superintendent for positions to be filled, for minimum qualifications for personnel for the various positions, and for the persons nominated to fill such positions. 2. The district school board may reject for good cause any employee nominated. 3. If the third nomination by the district school superintendent for any position is rejected for good cause, if the district school superintendent fails to submit a nomination for initial employment within a reasonable time as prescribed by the district school board, or if the district school superintendent fails to submit a nomination for reemployment within the time prescribed by law, the district school board may proceed on its own motion to fill such position. 4. The district school board’s decision to reject a person’s nomination does not give that person a right of action to sue over the rejection and may not be used as a cause of action by the nominated employee. 5. For the purposes of this paragraph, the term “good cause” means the district school board has determined any of the following: a. That the nominated employee fabricated or materially exaggerated his or her credentials or background. b. That the nominated employee does not meet the minimum requirements for the position. c. That the nominated employee’s educator certificate has been revoked by another state. (b) Time to act on nominations. — The district school board shall act no later than 3 weeks following the receipt of statewide, standardized assessment scores and data under s. 1008.22 and school grades, or June 30, whichever is later, on the district school superintendent’s nominations of supervisors, principals, and members of the instructional staff. (c) Compensation and salary schedules. — 1. Definitions. — As used in this paragraph: a. “Adjustment” means an addition to the base salary schedule that is not a bonus and becomes part of the employee’s permanent base salary and shall be considered compensation under s. 121.021(22). b. “Grandfathered salary schedule” means the salary schedule or schedules adopted by a district school board before July 1, 2014, pursuant to subparagraph 4. c. “Instructional personnel” means instructional personnel as defined in s. 1012.01(2)(a)-(d), excluding substitute teachers. d. “Performance salary schedule” means the salary schedule or schedules adopted by a district school board pursuant to subparagraph 5. e. “Salary schedule” means the schedule or schedules used to provide the base salary for district school board personnel. f. “School administrator” means a school administrator as defined in s. 1012.01(3)(c). g. “Supplement” means an annual addition to the base salary for the term of the negotiated supplement as long as the employee continues his or her employment for the purpose of the supplement. A supplement does not become part of the employee’s continuing base salary but shall be considered compensation under s. 121.021(22). 2. Cost-of-living adjustment. — A district school board may provide a cost-of-living salary adjustment if the adjustment: a. Does not discriminate among comparable classes of employees based upon the salary schedule under which they are compensated. b. Does not exceed 50 percent of the annual adjustment provided to instructional personnel rated as effective. 3. Advanced degrees. — A district school board may use advanced degrees in setting a salary schedule for instructional personnel or school administrators if the advanced degree is held in the individual’s area of certification. 4. Grandfathered salary schedule. — a. The district school board shall adopt a salary schedule or salary schedules to be used as the basis for paying all school employees hired before July 1, 2014. Instructional personnel on annual contract as of July 1, 2014, shall be placed on the performance salary schedule adopted under subparagraph 5. Instructional personnel on continuing contract or professional service contract may opt into the performance salary schedule if the employee relinquishes such contract and agrees to be employed on an annual contract under s. 1012.335. Such an employee shall be placed on the performance salary schedule and may not return to continuing contract or professional service contract status. Any employee who opts into the performance salary schedule may not return to the grandfathered salary schedule. b. In determining the grandfathered salary schedule for instructional personnel, a district school board must base a portion of each employee’s compensation upon performance demonstrated under s. 1012.34 and shall provide differentiated pay for both instructional personnel and school administrators based upon district-determined factors, including, but not limited to, additional responsibilities, school demographics, high-demand teacher needs areas, and level of job performance difficulties. 1 5. Performance salary schedule. — By July 1, 2014, the district school board shall adopt a performance salary schedule that provides annual salary adjustments for instructional personnel and school administrators based upon performance determined under s. 1012.34. Employees hired on or after July 1, 2014, or employees who choose to move from the grandfathered salary schedule to the performance salary schedule shall be compensated pursuant to the performance salary schedule once they have received the appropriate performance evaluation for this purpose. a. Base salary. — The base salary shall be established as follows: (I) 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. (II) 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 shall be placed on the performance salary schedule. b. Salary adjustments. — Salary adjustments for highly effective or effective performance shall be established as follows: (I) 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. (II) 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. (III) A salary schedule shall not provide an annual salary adjustment for an employee who receives a rating other than highly effective or effective for the year. c. Salary supplements. — In addition to the salary adjustments, each district school board shall provide for salary supplements for activities that must include, but are not limited to: (I) Assignment to a Title I eligible school. (II) Assignment to a school that earned a grade of “F” or three consecutive grades of “D” pursuant to s. 1008.34 such that the supplement remains in force for at least 1 year following improved performance in that school. (III) Certification and teaching in high-demand teacher needs areas. Statewide high-demand teacher needs areas shall be identified by the State Board of Education under s. 1012.07. However, the district school board may identify other areas of high-demand needs within the school district for purposes of this sub-sub-subparagraph and may remove areas identified by the state board which do not apply within the school district. (IV) Assignment of additional academic responsibilities. If budget constraints in any given year limit a district school board’s ability to fully fund all adopted salary schedules, the performance salary schedule shall not be reduced on the basis of total cost or the value of individual awards in a manner that is proportionally greater than reductions to any other salary schedules adopted by the district. Any compensation for longevity of service awarded to instructional personnel who are on any other salary schedule must be included in calculating the salary adjustments required by sub-subparagraph b. (d) Contracts and terms of service. — The district school board shall provide written contracts for all regular members of the instructional staff. (e) Transfer and promotion. — The district school board shall act on recommendations of the district school superintendent regarding transfer and promotion of any employee. The district school superintendent’s primary consideration in recommending an individual for a promotion must be the individual’s demonstrated effectiveness under s. 1012.34. (f) Suspension, dismissal, and return to annual contract status. — The district school board shall suspend, dismiss, or return to annual contract members of the instructional staff and other school employees; however, no administrative assistant, supervisor, principal, teacher, or other member of the instructional staff may be discharged, removed, or returned to annual contract except as provided in this chapter. (g) Awards and incentives. — The district school board shall provide for recognition of district employees, students, school volunteers, and advisory committee members who have contributed outstanding and meritorious service in their fields or service areas. After considering recommendations of the district school superintendent, the district school board shall adopt rules establishing and regulating the meritorious service awards necessary for the efficient operation of the program. An award or incentive granted under this paragraph may not be considered in determining the salary schedules required by paragraph (c). Monetary awards shall be limited to persons who propose procedures or ideas adopted by the board which will result in eliminating or reducing district school board expenditures or improving district or school center operations. Nonmonetary awards shall include, but are not limited to, certificates, plaques, medals, ribbons, and photographs. The district school board may expend funds for such recognition and awards. No award granted under this paragraph shall exceed $2,000 or 10 percent of the first year’s gross savings, whichever is greater. (h) Planning and training time for teachers. — The district school board shall adopt rules to make provisions for teachers to have time for lunch, professional planning, and professional learning when they will not be directly responsible for the children if some adult supervision is furnished for the students during such periods. (i) Comprehensive program of staff development. — The district school board shall establish a comprehensive program of staff development that incorporates school improvement plans pursuant to s. 1001.42 and is aligned with principal leadership training pursuant to s. 1012.986 as a part of the plan. (j) Temporary removal from the classroom. — The district school board shall adopt a policy temporarily removing instructional personnel from the classroom within 24 hours after a notification by law enforcement or a self-reporting employee of his or her arrest for a felony offense or for a misdemeanor offense listed in s. 435.04(2). (k) Nondisclosure or confidentiality. — A school district employee may not be required or otherwise incentivized to sign a nondisclosure agreement or confidentiality agreement. A school district may not impose conditions on employment to circumvent this paragraph. (2) Adopt policies relating to personnel leave as follows: (a) Annual leave. — The district school board may adopt rules that provide for the earning of annual leave by employees, including educational support employees, who are employed for 12 calendar months a year. (b) Sick leave. — The district school board may adopt rules relating to sick leave, in accordance with the provisions of this chapter. (c) Illness-in-line-of-duty leave. — The district school board may adopt rules relating to illness-in-the-line-of-duty leave, in accordance with the provisions of this chapter. (d) Sabbatical leave. — The district school board may adopt rules relating to sabbatical leave, in accordance with the provisions of this chapter. (3)(a) Collective bargaining. — Notwithstanding provisions of chapter 447 related to district school board collective bargaining, collective bargaining may not preclude a district school board from carrying out its constitutional and statutory duties related to the following: 1. Providing incentives to effective and highly effective teachers. 2. Implementing intervention and support strategies under s. 1008.33 to address the causes of low student performance and improve student academic performance and attendance. 3. Implementing student discipline provisions required by law, including a review of a student’s abilities, past performance, behavior, and needs. 4. Implementing school safety plans and requirements. 5. Implementing staff and student recognition programs. 6. Distributing correspondence to parents, teachers, and community members related to the daily operation of schools and the district. 7. 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. 8. The school district’s calendar. (b) Appearances before the board. — If a district school superintendent appears before the state board to provide an update under s. 1011.62(14)(e), the state board must require that the president of the collective bargaining unit that represents the school district also must appear. History. — s. 697, ch. 2002-387; s. 50, ch. 2003-391; s. 56, ch. 2006-74; s. 7, ch. 2007-3; s. 180, ch. 2007-5; s. 4, ch. 2011-1; s. 11, ch. 2012-194; s. 40, ch. 2013-27; s. 92, ch. 2014-39; s. 96, ch. 2016-10; s. 4, ch. 2021-44; s. 57, ch. 2022-154; s. 46, ch. 2023-245; s. 35, ch. 2024-5; s. 20, ch. 2024-159; s. 112, ch. 2025-6; s. 2, ch. 2025-56; s. 46, ch. 2025-110; s. 3, ch. 2026-73. 1 Note. — Section 17, ch. 2011-1, provides that “[c]hapter 2010-279, Laws of Florida, does not apply to any rulemaking required to administer this act.” 1012.23 School district personnel policies. (1) Except as otherwise provided by law or the State Constitution, district school boards may adopt rules governing personnel matters, including the assignment of duties and responsibilities for all district employees. (2) Neither the district school superintendent nor a district school board member may appoint or employ a relative, as defined in s. 112.3135, to work under the direct supervision of that district school board member or district school superintendent. The limitations of this subsection do not apply to employees appointed or employed before the election or appointment of a school board member or district school superintendent. The Commission on Ethics shall accept and investigate any alleged violations of this section pursuant to the procedures contained in ss. 112.322-112.3241. History. — s. 698, ch. 2002-387; s. 19, ch. 2018-5; s. 15, ch. 2026-22. 1012.2315 Assignment of teachers. (1) LEGISLATIVE FINDINGS AND INTENT. — The Legislature finds disparities between teachers assigned to teach in a majority of schools that do not need improvement and schools that do need improvement pursuant to s. 1008.33. The disparities may be found in the assignment of inexperienced teachers, teachers in need of improvement, and out-of-field teachers and in the performance of the students. It is the intent of the Legislature that district school boards have flexibility through the collective bargaining process to assign teachers more equitably across the schools in the district. (2) ASSIGNMENT TO SCHOOLS GRADED “D” OR “F”. — (a) A school district may not assign a higher percentage than the school district average of inexperienced teachers, teachers in need of improvement, or out-of-field teachers to schools graded “D” or “F” pursuant to s. 1008.34. As used in this section, the term “inexperienced teacher” means a teacher who has been teaching for 3 years or less. (b)1. A school district may assign an individual newly hired as instructional personnel to a school that has earned a grade of “F” in the previous year or any combination of three consecutive grades of “D” or “F” in the previous 3 years pursuant to s. 1008.34 if the individual: a. Has received an effective rating or highly effective rating in the immediate prior year’s performance evaluation pursuant to s. 1012.34; b. Has successfully completed or is enrolled in a teacher preparation program pursuant to s. 1004.04, s. 1004.85, or s. 1012.56, 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 issued pursuant to s. 1012.56, and holds a probationary contract pursuant to s. 1012.335(2)(a); or c. Holds a probationary contract pursuant to s. 1012.335(2)(a), holds a certificate issued pursuant to s. 1012.56, and has successful teaching experience, and if, in the judgment of the school principal, students would benefit from the placement of that individual. 2. As used in this paragraph, the term “mentoring” includes the use of student achievement data combined with at least monthly observations to improve the educator’s effectiveness in improving student outcomes. Mentoring may be provided by a school district, a teacher preparation program approved pursuant to s. 1004.04, s. 1004.85, or s. 1012.56, or a teacher preparation program specified in State Board of Education rule. Each school district shall annually certify to the Commissioner of Education that the requirements in this subsection have been met. If the commissioner determines that a school district is not in compliance with this subsection, the State Board of Education must be notified and must take action pursuant to s. 1008.32 in the next regularly scheduled meeting to require compliance. (3) SALARY INCENTIVES. — District school boards are authorized to provide salary incentives to meet the requirement of subsection (2). A district school board may not sign a collective bargaining agreement that precludes the school district from providing sufficient incentives to meet this requirement. (4) COLLECTIVE BARGAINING. — (a) Notwithstanding provisions of chapter 447 relating to district school board collective bargaining, collective bargaining provisions may not preclude a school district from providing incentives, including from federal funds, to high-quality teachers and assigning such teachers to low-performing schools. (b) Before the start of the 2019-2020 school year, each school district and the certified collective bargaining unit for instructional personnel shall negotiate a memorandum of understanding that addresses the selection, placement, and expectations of instructional personnel and provides school principals with the autonomy described in s. 1012.28(8). (5) REPORT. — (a) By July 1, the Department of Education shall annually report on its website, in a manner that is accessible to the public, the performance rating data reported by district school boards under s. 1012.34. The report must include the percentage of classroom teachers, instructional personnel, and school administrators receiving each performance rating aggregated by school district and by school. (b) Notwithstanding the provisions of s. 1012.31(3)(a)2., each school district shall annually report to the parent of any student who is assigned to a classroom teacher or school administrator having two consecutive annual performance evaluation ratings of unsatisfactory under s. 1012.34, two annual performance evaluation ratings of unsatisfactory within a 3-year period under s. 1012.34, or three consecutive annual performance evaluation ratings of needs improvement or a combination of needs improvement and unsatisfactory under s. 1012.34. (6) ASSIGNMENT OF TEACHERS BASED UPON PERFORMANCE EVALUATIONS. — (a) If a high school or middle school student is currently taught by a classroom teacher who, during that school year, receives a performance evaluation rating of “needs improvement” or “unsatisfactory” under s. 1012.34, the student may not be assigned the following school year to a classroom teacher in the same subject area who received a performance evaluation rating of “needs improvement” or “unsatisfactory” in the preceding school year. (b) If an elementary school student is currently taught by a classroom teacher who, during that school year, receives a performance evaluation rating of “needs improvement” or “unsatisfactory” under s. 1012.34, the student may not be assigned the following school year to a classroom teacher who received a performance evaluation rating of “needs improvement” or “unsatisfactory” in the preceding school year. (c) For a student enrolling in an extracurricular course as defined in s. 1003.01(11), a parent may choose to have the student taught by a teacher who received a performance evaluation of “needs improvement” or “unsatisfactory” in the preceding school year if the student and the student’s parent receive an explanation of the impact of teacher effectiveness on student learning and the principal receives written consent from the parent. History. — s. 57, ch. 2006-74; s. 5, ch. 2009-144; s. 10, ch. 2011-1; s. 12, ch. 2012-194; s. 5, ch. 2013-250; s. 2, ch. 2014-32; s. 4, ch. 2016-58; s. 33, ch. 2018-6; s. 132, ch. 2019-3; s. 176, ch. 2023-8; s. 6, ch. 2023-35; s. 22, ch. 2024-159. 1012.24 Employment and compensation of instructional personnel during specific emergencies. In the event of an epidemic, strike, mass walkout, substantial numbers of teacher resignations, or other urgent condition, a district school board upon recommendation of the district school superintendent may find and declare that an emergency exists because there is not a sufficient number of certified teachers to continue the normal operation of the schools within the district. In said event the district school board may upon recommendation of the district school superintendent employ, contract with, and compensate for instructional services rendered any person who shall be deemed qualified by regulations of the district school board. In such event, a state certificate to teach shall not be required for such employment, contract, or compensation. History. — s. 699, ch. 2002-387. 1012.25 School officers to turn over money and property to successors. Every school officer shall turn over to his or her successor or successors in office, on retiring, all books, papers, documents, records, funds, money, and property of whatever kind which the officer may have acquired, received, and held by virtue of his or her office and shall take full receipt for them from his or her successor and shall make in correct form all reports required by the state. No school officer who receives any salary or compensation for his or her services shall be entitled to be paid or compensated for the last month served until the provisions of this section have been fully observed. Any person violating the provisions of this section shall forfeit his or her compensation for the last month served and commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. History. — s. 700, ch. 2002-387. 1012.26 Legal services for employees; reimbursement for judgments in civil actions. Each district school board may provide legal services for officers and employees of the school board who are charged with civil or criminal actions arising out of and in the course of the performance of assigned duties and responsibilities. The district school board shall provide for reimbursement of reasonable expenses for legal services for officers and employees of school boards who are charged with civil or criminal actions arising out of and in the course of the performance of assigned duties and responsibilities upon successful defense by the employee or officer. However, in any case in which the officer or employee pleads guilty or nolo contendere or is found guilty of any such action, the officer or employee shall reimburse the district school board for any legal services which the school board may have supplied pursuant to this section. A district school board may also reimburse an officer or employee of the school board for any judgment which may be entered against him or her in a civil action arising out of and in the course of the performance of his or her assigned duties and responsibilities. Each expenditure by a district school board for legal defense of an officer or employee, or for reimbursement pursuant to this section, shall be made at a public meeting with notice pursuant to s. 120.525(1). The provision of such legal services or reimbursement under the conditions described above is declared to be a district school purpose for which district school funds may be expended. History. — s. 701, ch. 2002-387. 1012.27 Public school personnel; powers and duties of district school superintendent. The district school superintendent is responsible for directing the work of the personnel, subject to the requirements of this chapter, and in addition the district school superintendent shall perform the following: (1) POSITIONS, QUALIFICATIONS, AND NOMINATIONS. — (a) Recommend to the district school board duties and responsibilities which need to be performed and positions which need to be filled to make possible the development of an adequate school program in the district. (b) Recommend minimum qualifications of personnel for these various positions, and nominate in writing persons to fill such positions. The district school superintendent’s recommendations for filling instructional positions at the school level must consider nominations received from school principals of the respective schools. Before transferring a teacher who holds a professional teaching certificate from one school to another, the district school superintendent shall consult with the principal of the receiving school and allow the principal to review the teacher’s records, including student performance demonstrated under s. 1012.34, and interview the teacher. If, in the judgment of the principal, students would not benefit from the placement, an alternative placement may be sought. A principal may refuse the placement in accordance with s. 1012.28(6). (2) COMPENSATION AND SALARY SCHEDULES. — Prepare and recommend to the district school board for adoption a salary schedule or salary schedules in accordance with s. 1012.22. (3) CONTRACTS AND TERMS OF SERVICE. — Recommend to the district school board terms for contracting with employees and prepare such contracts as are approved. (4) TRANSFER. — Recommend employees for transfer and transfer any employee during any emergency and report the transfer to the district school board at its next regular meeting. (5) SUSPENSION AND DISMISSAL; NOTIFICATION. — (a) Suspend members of the instructional staff and other school employees during emergencies for a period extending to and including the day of the next regular or special meeting of the district school board and notify the district school board immediately of such suspension. When authorized to do so, serve notice on the suspended member of the instructional staff of charges made against him or her and of the date of hearing. Recommend employees for dismissal under the terms prescribed herein. (b) Notify the parent of a student who was subjected to or affected by misconduct identified under s. 1001.42(6) within 30 days after the date on which the school district learns of the misconduct. The notification must inform the parent of: 1. The alleged misconduct, including which allegations have been substantiated, if any. 2. Whether the district reported the misconduct to the department, if required by s. 1012.796(1)(d). 3. The sanctions imposed by the school district against the employee, if any. 4. The support the school district will make available to the student in response to the misconduct. (6) EMPLOYMENT HISTORY CHECKS. — Before employing a person in any position that requires direct contact with students, conduct employment history checks of each of the person’s previous employers; review each affidavit of separation from previous employers pursuant to s. 1012.31; screen instructional personnel and school administrators, as defined in s. 1012.01, through use of the educator screening tools described in s. 1001.10(5); and document the findings. If unable to contact a previous employer, the district school superintendent shall document efforts to contact the employer. (7) DIRECT WORK OF EMPLOYEES AND SUPERVISE INSTRUCTION. — Direct or arrange for the proper direction and improvement, under rules of the district school board, of the work of all members of the instructional staff and other employees of the district school system, supervise or arrange under rules of the district school board for the supervision of instruction in the district, and take such steps as are necessary to bring about continuous improvement. History. — s. 702, ch. 2002-387; s. 42, ch. 2003-391; s. 58, ch. 2006-74; s. 25, ch. 2008-108; s. 11, ch. 2011-1; s. 8, ch. 2018-150; s. 7, ch. 2021-138. 1012.28 Public school personnel; duties of school principals. (1) Public school principals shall supervise public school personnel as the district school board determines necessary. (2) The school principal is responsible for recommending to the district school superintendent the employment of instructional personnel to be assigned to the school to which the principal is assigned. (3) Each school principal is responsible for the performance of all personnel employed by the district school board and assigned to the school to which the principal is assigned. The school principal shall faithfully and effectively apply the personnel evaluation system approved pursuant to s. 1012.34. (4) Each school principal shall assist the teachers within the school to use student assessment data, as measured by student learning gains pursuant to s. 1008.22, for self-evaluation. (5) Each school principal shall perform such duties as may be assigned by the district school superintendent, pursuant to the rules of the district school board. Such rules shall include, but are not limited to, rules relating to administrative responsibility, instructional leadership in implementing the state academic standards and the overall educational program of the school to which the school principal is assigned, submission of personnel recommendations to the district school superintendent, administrative responsibility for records and reports, administration of corporal punishment, and student suspension. (6) A principal may refuse to accept the placement or transfer of instructional personnel by the district school superintendent to his or her school unless the instructional personnel has a performance rating of effective or highly effective under s. 1012.34. (7) A school principal who fails to comply with this section shall be ineligible for any portion of the performance pay and differentiated pay under s. 1012.22. (8) The principal of a school participating in the Principal Autonomy Program Initiative under s. 1011.6202 has the following additional authority and responsibilities: (a) In addition to the authority provided in subsection (6), the authority to select qualified instructional personnel for placement or to refuse to accept the placement or transfer of instructional personnel by the district school superintendent. Placement of instructional personnel at a participating school in a participating school district does not affect the employee’s status as a school district employee. (b) The authority to deploy financial resources to school programs at the principal’s discretion to help improve student achievement, as defined in s. 1008.34(1), and meet performance goals identified in the principal autonomy proposal submitted pursuant to s. 1011.6202. (c) To annually provide to the district school superintendent and the district school board a budget for the operation of the participating school that identifies how funds provided pursuant to s. 1011.69(2) are allocated. History. — s. 703, ch. 2002-387; s. 59, ch. 2006-74; s. 12, ch. 2011-1; s. 3, ch. 2016-223; s. 34, ch. 2018-6; s. 19, ch. 2023-13. B. Personnel Files, Qualifications, Contracts, Assessment for Public Schools 1012.31 Personnel files. 1012.315 Screening standards. 1012.32 Qualifications of personnel. 1012.321 Exceptions for certain instructional personnel from background screening requirements. 1012.33 Contracts with instructional staff, supervisors, and school principals. 1012.335 Contracts with instructional personnel hired on or after July 1, 2011. 1012.34 Personnel evaluation procedures and criteria. 1012.31 Personnel files. Public school system employee personnel files shall be maintained according to the following provisions: (1)(a) Except for materials pertaining to work performance or such other matters that may be cause for discipline, suspension, or dismissal under laws of this state, no derogatory materials relating to an employee’s conduct, service, character, or personality shall be placed in the personnel file of such employee. (b) No anonymous letter or anonymous materials shall be placed in the personnel file. (2)(a) Materials relating to work performance, discipline, suspension, or dismissal must be reduced to writing and signed by a person competent to know the facts or make the judgment. In cases of separation due to termination or resignation in lieu of termination, the person shall execute and maintain an affidavit of separation, on the form adopted by the Department of Education, setting forth in detail the facts and reasons for such separation. The affidavit must expressly disclose when separation is due to a report of sexual misconduct with a student. The affidavit of separation must be executed under oath and constitutes an official statement within the purview of s. 837.06. The affidavit of separation must include conspicuous language that intentional false execution of the affidavit constitutes a misdemeanor of the second degree. (b)1. No such materials may be placed in a personnel file unless they have been reduced to writing within 45 days, exclusive of the summer vacation period, of the school system administration becoming aware of the facts reflected in the materials. 2. Additional information related to such written materials previously placed in the file may be appended to such materials to clarify or amplify them as needed. (c) A copy of such materials to be added to an employee’s personnel file shall be provided to the employee either: 1. By certified mail, ret