3120 - EMPLOYMENT OF INSTRUCTIONAL STAFF

Brevard County (Florida)

Bylaws & Policies

3120 - EMPLOYMENT OF INSTRUCTIONAL STAFF

The Board recognizes that it is vital to the successful operation of the District that positions created by the Board be filled with highly qualified and competent personnel. Any person employed in an instructional position requiring certification shall possess a valid certificate issued pursuant to Florida law and shall file the certificate with the District.

The Board may establish reciprocal certification agreements with other Florida school districts whose employment and/or certification requirements are comparable to those of the Brevard County School District.

For purposes of this policy, instructional staff includes: classroom teachers, librarians/media specialists, guidance counselors, social workers, career specialists, school psychologists, other instructional staff (such as: primary specialists, learning resource specialists, instructional trainers, and adjunct educators), and additional District defined positions including, registered nurses, audiologists, and speech pathologists.

The Board shall require a candidate for employment with an out-of-district certificate not comparable to the Brevard County District certification to complete all requirements for initial employment and certification.

The Superintendent or designee also conducts employment history checks of all candidates for instructional staff positions. The employment history check shall include, but not be limited to, contacting any previous employer and screening the candidate through the use of the screening tools described in State law. If contact with (a) previous employer(s) cannot be made, the Superintendent shall document the efforts made to do so.

Any instructional staff member’s misstatement of fact material to qualification for employment or the determination of salary shall be considered to constitute grounds for dismissal.

A candidate shall be disqualified from employment in any position that requires direct contact with students if the candidate is ineligible for such employment under F.S. 1012.315.

The Board shall approve employment, upon recommendation of the Superintendent.

Upon Board approval of employment, each instructional staff member shall execute a written contract as required by State law and Policy 3128 – Contracts: Instructional Personnel.

INSTRUCTIONAL PERSONNEL

Qualifications of instructional personnel shall be as required by law and Florida Administrative Code. To be eligible for appointment in any position in the District, a person must be of good moral character; must have attained the age of eighteen (18) years; and must, when required by law, hold a certificate or license issued under rules of the State Board of Education or the Department of Children and Family Services, except when employed pursuant to F.S. 1012.55 or under the emergency provisions of F.S. 1012.24. Previous residence in this State shall not be required in any school of the State as a prerequisite for any person holding a valid Florida certificate or license to serve in an instructional capacity.

CERTIFICATION

	A.	State Certification
		Teachers who teach in classes for which FEFP funds are earned shall be certified teachers as defined in F.S. 1012.56 and the Florida State Board of Education Administrative Rule, F.A.C. 6A-1.0503 and 6A-1.0502.
		Teachers who have a major in a subject area assignment, or who have passed the subject area exam for the subject area assignment.
		Teachers may meet foreign language certification requirements and demonstrate mastery of subject area knowledge by achieving passing scores on subject area examinations required by State Board rules, or by completion of attainment of an oral proficiency interview score above the intermediate level and a written proficiency score above the intermediate level on a test administered by the American Council on Teaching Foreign Languages for which there is no Florida developed examination.
		F.S. 1021.42
	B.	District Certification
		It is the intent of the Board that non-degreed vocational instructional personnel possess the credentials, knowledge, and/or expertise necessary to provide quality education in the Brevard County District. The purpose of District certification is to provide evidence of professional qualifications in order to protect the interest of students, parents, and the public. The requirements for Brevard County District certification may be found in the "Brevard County Board Non-Degreed Vocational Employment and Certification Procedures." AP 3120B
		The Board may revoke a District certificate for cause. The application fee for the District Vocational Certificate shall be the same as a State issued Educator's Certificate.
	C.	Out-of-District Certification

		1.	The Board may establish reciprocal certification agreements with other Florida school districts whose employment and/or certification requirements are comparable to those of the Brevard County District.
		2.	The Board shall require a candidate for employment with an out-of-district certificate not comparable to the Brevard County District Certification to complete all requirements for initial employment and certification.

NONCERTIFICATED INSTRUCTIONAL PERSONNEL

The Superintendent is hereby authorized to select and recommend noncertificated instructional personnel for appointment, pursuant to State Board of Education Rule F.A.C. 6A-1.0502, in a critical teacher shortage area, as identified by the Board. To be eligible for employment under this provision, such individuals must hold a Bachelor’s or higher degree and possess expert skill in or knowledge of a particular subject or talent, but not hold a Florida teaching certificate. Instructional personnel employed under this policy will not be entitled to receive a contract and shall be governed by the criteria found in the "Brevard County Board Noncertificated Instructional Personnel Procedures." AP 3120A.

CERTIFICATED PERSONNEL

Any person employed in a position requiring certification shall possess a valid certificate issued pursuant to Florida law or issued by the Board of Brevard County and shall file said certificate with the Superintendent.

ALTERNATIVE CERTIFICATION

The alternative certification program is a competency-based program designed to expand the pool of educators to include non-education majors committed to making a positive impact on student achievement. The procedures for this program may be found in the Brevard County Alternative Certification Program.

LICENSED PERSONNEL

Physical therapists, occupational therapists, speech pathologists, mental health technicians, registered nurses and audiologists will receive contracts, salary and benefits. To be eligible for employment these individuals must be licensed to practice in the State of Florida.

REQUIREMENTS FOR TEACHERS PURSUANT TO "NO CHILD LEFT BEHIND"

All teachers employed by the District shall be "highly qualified".

"Highly Qualified" means:

	A.	full State certification as a teacher or passed State teacher licensing exam and holds current license to teacher; certification or license requirements may not be waived on emergency, temporary, or provisional basis;
	B.	for elementary teachers new to the profession, this also requires:

		1.	at least a bachelor's degree;
		2.	passing a rigorous State test on subject knowledge and teaching skills in reading, writing, math, or other areas of elementary curriculum (State certification test may suffice);

for secondary or middle school teachers new to the profession this also requires:

		1.	at least a bachelor's degree; and
		2.	passing a rigorous State test in each of the subject areas s/he will teach (State certification test may suffice), or
		3.	for each academic subject taught, having an academic major, course work equivalent to an undergraduate major, a graduate degree, or advanced certification or credentialing;

for elementary, middle, or secondary school teachers with prior experience, this also requires:

		1.	at least a bachelor's degree, and
		2.	meets standards for new teachers (above), or
		3.	demonstrates competence in all academic subjects s/he teaches based on a uniform State standard of evaluation (standard for academic subject matter and teaching skills set by the State).

The District must have a plan and show annual progress towards meeting these teacher qualification requirements.

All instructional assistants employed by the District shall have:

	A.	completed at least two years of study at an institution of higher education; or
	B.	obtained an associate’s (or higher) degree; or
	C.	met a rigorous standard of quality and can demonstrate, through a formal State or local academic assessment

		1.	knowledge of, and the ability to assist in instructing, reading, writing, and mathematics; or
		2.	knowledge of, and the ability to assist in instructing, reading readiness, writing readiness, and mathematics readiness, as appropriate.

The receipt of a secondary school diploma (or its recognized equivalent) shall be necessary but not sufficient to satisfy the requirements of A-C above.

EXCEPTIONS: The requirements in A-C above shall not apply to an assistant who provides services primarily to enhance the participation of children in programs under PL 107-110 by acting as a translator, or whose duties consist solely of conducting parental involvement activities consistent with section 1118 of Title I of PL 107-110.

F.S. 1012.01, 1012.24, 1012.315, 1012.32, 1012.39, 1021.42, 1012.55, 1012.56
F.A.C. 6A-1.0502, 6A-1.0503
20 U.S.C. 6301, & 7801

Revised 4/10/07
Revised 4/28/09
Revised 10/27/09
Revised 12/13/11