Florida Senate - 2018 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 1756
Ì901030WÎ901030
576-03021-18
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Pre-K - 12 Education)
1 A bill to be entitled
2 An act relating to school accountability; amending s.
3 1001.10, F.S.; revising the private schools to which
4 the Department of Education is required to provide
5 technical assistance and authorized staff; amending s.
6 1002.20, F.S.; updating terminology; amending s.
7 1002.385, F.S.; revising requirements for private
8 schools that participate in the Gardiner Scholarship
9 Program; specifying that the failure or refusal,
10 rather than the inability of, a private school to meet
11 certain requirements constitutes a basis for program
12 ineligibility; amending s. 1002.39, F.S.; revising the
13 purpose of department site visits at private schools
14 participating in the John M. McKay Scholarships for
15 Students with Disabilities Program; authorizing the
16 department to make followup site visits at any time to
17 certain private schools; requiring participating
18 private schools to provide a specified report from an
19 independent certified public accountant under certain
20 circumstances; specifying that the failure or refusal,
21 rather than the inability of, a private school to meet
22 certain requirements constitutes a basis for program
23 ineligibility; amending s. 1002.395, F.S.; revising
24 obligations of eligible nonprofit scholarship-funding
25 organizations participating in the Florida Tax Credit
26 Scholarship Program; specifying that the failure or
27 refusal, rather than the inability of, a private
28 school to meet certain requirements constitutes a
29 basis for program ineligibility; revising the purpose
30 of department site visits at private schools
31 participating in the Florida Tax Credit Scholarship
32 Program; authorizing the department to make followup
33 site visits at any time to certain private schools;
34 amending s. 1002.421, F.S.; defining the term “owner
35 or operator”; requiring a private school to employ or
36 contract with teachers who meet certain qualifications
37 and provide information about such qualifications to
38 the department and parents; revising the conditions
39 under which a private school employee may be exempted
40 from background screening requirements; specifying
41 that a private school is ineligible to participate in
42 certain scholarship programs under certain
43 circumstances; requiring the department to annually
44 visit certain private schools; authorizing the
45 department to make certain followup site visits at any
46 time; requiring the Division of State Fire Marshal to
47 annually provide the department with fire safety
48 inspection reports for certain private schools;
49 requiring that certain private schools provide the
50 department with a report from an independent certified
51 public accountant under certain circumstances;
52 amending s. 1006.061, F.S.; revising the applicability
53 of certain child abuse, abandonment, and neglect
54 provisions; amending s. 1012.315, F.S.; revising the
55 applicability of certain provisions related to
56 disqualification from employment for the conviction of
57 specified offenses; amending s. 1012.796, F.S.;
58 revising the applicability of a requirement that
59 certain private schools file specified reports with
60 the department for certain allegations against its
61 employees; providing appropriations; providing an
62 effective date.
63
64 Be It Enacted by the Legislature of the State of Florida:
65
66 Section 1. Subsections (4) and (5) of section 1001.10,
67 Florida Statutes, are amended to read:
68 1001.10 Commissioner of Education; general powers and
69 duties.—
70 (4) The Department of Education shall provide technical
71 assistance to school districts, charter schools, the Florida
72 School for the Deaf and the Blind, and private schools that
73 accept scholarship students under s. 1002.385, s. 1002.39, or s.
74 1002.395, or another state scholarship program under chapter
75 1002 in the development of policies, procedures, and training
76 related to employment practices and standards of ethical conduct
77 for instructional personnel and school administrators, as
78 defined in s. 1012.01.
79 (5) The Department of Education shall provide authorized
80 staff of school districts, charter schools, the Florida School
81 for the Deaf and the Blind, and private schools that accept
82 scholarship students under s. 1002.385, s. 1002.39, or s.
83 1002.395, or another state scholarship program under chapter
84 1002 with access to electronic verification of information from
85 the following employment screening tools:
86 (a) The Professional Practices’ Database of Disciplinary
87 Actions Against Educators; and
88 (b) The Department of Education’s Teacher Certification
89 Database.
90
91 This subsection does not require the department to provide these
92 staff with unlimited access to the databases. However, the
93 department shall provide the staff with access to the data
94 necessary for performing employment history checks of the
95 instructional personnel and school administrators included in
96 the databases.
97 Section 2. Paragraph (b) of subsection (6) of section
98 1002.20, Florida Statutes, is amended to read:
99 1002.20 K-12 student and parent rights.—Parents of public
100 school students must receive accurate and timely information
101 regarding their child’s academic progress and must be informed
102 of ways they can help their child to succeed in school. K-12
103 students and their parents are afforded numerous statutory
104 rights including, but not limited to, the following:
105 (6) EDUCATIONAL CHOICE.—
106 (b) Private educational choices.—Parents of public school
107 students may seek private educational choice options under
108 certain programs.
109 1. Under the McKay Scholarships for Students with
110 Disabilities Program, the parent of a public school student with
111 a disability may request and receive a McKay Scholarship for the
112 student to attend a private school in accordance with s.
113 1002.39.
114 2. Under the Florida Tax Credit Scholarship Program, the
115 parent of a student who qualifies for free or reduced-price
116 school lunch or who is currently placed, or during the previous
117 state fiscal year was placed, in foster care as defined in s.
118 39.01 may seek a scholarship from an eligible nonprofit
119 scholarship-funding organization in accordance with s. 1002.395.
120 3. Under the Gardiner Scholarship Program Florida Personal
121 Learning Scholarship Accounts Program, the parent of a student
122 with a qualifying disability may apply for a Gardiner personal
123 learning scholarship to be used for individual educational needs
124 in accordance with s. 1002.385.
125 Section 3. Subsection (8) of section 1002.385, Florida
126 Statutes, is amended to read:
127 1002.385 The Gardiner Scholarship.—
128 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
129 private school may be sectarian or nonsectarian and shall:
130 (a) Comply with all requirements for private schools
131 participating in state school choice scholarship programs
132 pursuant to s. 1002.421.
133 (b) Provide to the organization, upon request, all
134 documentation required for the student’s participation,
135 including the private school’s and student’s fee schedules.
136 (c) Be academically accountable to the parent for meeting
137 the educational needs of the student by:
138 1. At a minimum, annually providing to the parent a written
139 explanation of the student’s progress.
140 2. Annually administering or making provision for students
141 participating in the program in grades 3 through 10 to take one
142 of the nationally norm-referenced tests identified by the
143 Department of Education or the statewide assessments pursuant to
144 s. 1008.22. Students with disabilities for whom standardized
145 testing is not appropriate are exempt from this requirement. A
146 participating private school shall report a student’s scores to
147 the parent.
148 3. Cooperating with the scholarship student whose parent
149 chooses to have the student participate in the statewide
150 assessments pursuant to s. 1008.22 or, if a private school
151 chooses to offer the statewide assessments, administering the
152 assessments at the school.
153 a. A participating private school may choose to offer and
154 administer the statewide assessments to all students who attend
155 the private school in grades 3 through 10.
156 b. A participating private school shall submit a request in
157 writing to the Department of Education by March 1 of each year
158 in order to administer the statewide assessments in the
159 subsequent school year.
160 (d) Employ or contract with teachers who have regular and
161 direct contact with each student receiving a scholarship under
162 this section at the school’s physical location.
163 (e) Provide a report from an independent certified public
164 accountant who performs the agreed-upon procedures developed
165 under s. 1002.395(6)(o) if the private school receives more than
166 $250,000 in funds from scholarships awarded under this chapter
167 section in a state fiscal year. A private school subject to this
168 paragraph must annually submit the report by September 15 to the
169 organization that awarded the majority of the school’s
170 scholarship funds. The agreed-upon procedures must be conducted
171 in accordance with attestation standards established by the
172 American Institute of Certified Public Accountants.
173
174 If a private school fails or refuses is unable to meet the
175 requirements of this subsection or has consecutive years of
176 material exceptions listed in the report required under
177 paragraph (e), the commissioner may determine that the private
178 school is ineligible to participate in the program.
179 Section 4. Paragraph (f) of subsection (6) and subsection
180 (8) of section 1002.39, Florida Statutes, are amended to read:
181 1002.39 The John M. McKay Scholarships for Students with
182 Disabilities Program.—There is established a program that is
183 separate and distinct from the Opportunity Scholarship Program
184 and is named the John M. McKay Scholarships for Students with
185 Disabilities Program.
186 (6) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
187 shall:
188 (f)1. Conduct random site visits to private schools
189 participating in the John M. McKay Scholarships for Students
190 with Disabilities Program as authorized under s. 1002.421(7).
191 The purposes purpose of the site visits are is solely to verify
192 compliance with the provisions of subsection (7) aimed at
193 protecting the health, safety, and welfare of students and to
194 verify the information reported by the schools concerning the
195 enrollment and attendance of students, the credentials of
196 teachers, background screening of teachers, and teachers’
197 fingerprinting results, which information is required by rules
198 of the State Board of Education, subsection (8), and s.
199 1002.421. The Department of Education may not make followup more
200 than three random site visits at any time to any school that has
201 received a notice of noncompliance or a notice of proposed
202 action within the previous 2 years pursuant to subsection (7)
203 each year and may not make more than one random site visit each
204 year to the same private school.
205 2. Annually, by December 15, report to the Governor, the
206 President of the Senate, and the Speaker of the House of
207 Representatives the Department of Education’s actions with
208 respect to implementing accountability in the scholarship
209 program under this section and s. 1002.421, any substantiated
210 allegations or violations of law or rule by an eligible private
211 school under this program concerning the enrollment and
212 attendance of students, the credentials of teachers, background
213 screening of teachers, and teachers’ fingerprinting results and
214 the corrective action taken by the Department of Education.
215 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
216 eligible to participate in the John M. McKay Scholarships for
217 Students with Disabilities Program, a private school may be
218 sectarian or nonsectarian and must:
219 (a) Comply with all requirements for private schools
220 participating in state school choice scholarship programs
221 pursuant to s. 1002.421.
222 (b) Provide to the department all documentation required
223 for a student’s participation, including the private school’s
224 and student’s fee schedules, at least 30 days before any
225 quarterly scholarship payment is made for the student pursuant
226 to paragraph (11)(e). A student is not eligible to receive a
227 quarterly scholarship payment if the private school fails to
228 meet this deadline.
229 (c) Be academically accountable to the parent for meeting
230 the educational needs of the student by:
231 1. At a minimum, annually providing to the parent a written
232 explanation of the student’s progress.
233 2. Cooperating with the scholarship student whose parent
234 chooses to participate in the statewide assessments pursuant to
235 s. 1008.22.
236 (d) Maintain in this state a physical location where a
237 scholarship student regularly attends classes.
238 (e) If the private school that participates in a state
239 scholarship program under this chapter receives more than
240 $250,000 in funds from scholarships awarded under chapter 1002
241 in a state fiscal year, provide an annual report from an
242 independent certified public accountant who performs the agreed
243 upon procedures developed under s. 1002.395(6)(o). Such a
244 private school must annually submit the required report by
245 September 15 to the organization that awarded the majority of
246 the school’s scholarship funds. The agreed-upon procedures must
247 be conducted in accordance with attestation standards
248 established by the American Institute of Certified Public
249 Accountants.
250
251 The failure or refusal inability of a private school to meet the
252 requirements of this subsection shall constitute a basis for the
253 ineligibility of the private school to participate in the
254 scholarship program as determined by the department.
255 Section 5. Paragraph (o) of subsection (6), subsection (8),
256 and paragraph (n) of subsection (9) of section 1002.395, Florida
257 Statutes, are amended to read:
258 1002.395 Florida Tax Credit Scholarship Program.—
259 (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
260 ORGANIZATIONS.—An eligible nonprofit scholarship-funding
261 organization:
262 (o)1.a. Must participate in the joint development of
263 agreed-upon procedures to be performed by an independent
264 certified public accountant as required under paragraph (8)(e)
265 if the scholarship-funding organization provided more than
266 $250,000 in scholarship funds to an eligible private school
267 under this chapter section during the 2009-2010 state fiscal
268 year. The agreed-upon procedures must uniformly apply to all
269 private schools and must determine, at a minimum, whether the
270 private school has been verified as eligible by the Department
271 of Education under paragraph (9)(c); has an adequate accounting
272 system, system of financial controls, and process for deposit
273 and classification of scholarship funds; and has properly
274 expended scholarship funds for education-related expenses.
275 During the development of the procedures, the participating
276 scholarship-funding organizations shall specify guidelines
277 governing the materiality of exceptions that may be found during
278 the accountant’s performance of the procedures. The procedures
279 and guidelines shall be provided to private schools and the
280 Commissioner of Education by March 15, 2011.
281 b. Must participate in a joint review of the agreed-upon
282 procedures and guidelines developed under sub-subparagraph a.,
283 by February 2013 and biennially thereafter, if the scholarship
284 funding organization provided more than $250,000 in scholarship
285 funds to an eligible private school under this chapter section
286 during the state fiscal year preceding the biennial review. If
287 the procedures and guidelines are revised, the revisions must be
288 provided to private schools and the Commissioner of Education by
289 March 15, 2013, and biennially thereafter.
290 c. Must monitor the compliance of a private school with
291 paragraph (8)(e) if the scholarship-funding organization
292 provided the majority of the scholarship funding to the school.
293 For each private school subject to paragraph (8)(e), the
294 appropriate scholarship-funding organization shall notify the
295 Commissioner of Education by October 30, 2011, and annually
296 thereafter of:
297 (I) A private school’s failure to submit a report required
298 under paragraph (8)(e); or
299 (II) Any material exceptions set forth in the report
300 required under paragraph (8)(e).
301 2. Must seek input from the accrediting associations that
302 are members of the Florida Association of Academic Nonpublic
303 Schools when jointly developing the agreed-upon procedures and
304 guidelines under sub-subparagraph 1.a. and conducting a review
305 of those procedures and guidelines under sub-subparagraph 1.b.
306
307 Information and documentation provided to the Department of
308 Education and the Auditor General relating to the identity of a
309 taxpayer that provides an eligible contribution under this
310 section shall remain confidential at all times in accordance
311 with s. 213.053.
312 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
313 private school may be sectarian or nonsectarian and must:
314 (a) Comply with all requirements for private schools
315 participating in state school choice scholarship programs
316 pursuant to s. 1002.421.
317 (b) Provide to the eligible nonprofit scholarship-funding
318 organization, upon request, all documentation required for the
319 student’s participation, including the private school’s and
320 student’s fee schedules.
321 (c) Be academically accountable to the parent for meeting
322 the educational needs of the student by:
323 1. At a minimum, annually providing to the parent a written
324 explanation of the student’s progress.
325 2. Annually administering or making provision for students
326 participating in the scholarship program in grades 3 through 10
327 to take one of the nationally norm-referenced tests identified
328 by the Department of Education or the statewide assessments
329 pursuant to s. 1008.22. Students with disabilities for whom
330 standardized testing is not appropriate are exempt from this
331 requirement. A participating private school must report a
332 student’s scores to the parent. A participating private school
333 must annually report by August 15 the scores of all
334 participating students to the Learning System Institute
335 described in paragraph (9)(j).
336 3. Cooperating with the scholarship student whose parent
337 chooses to have the student participate in the statewide
338 assessments pursuant to s. 1008.22 or, if a private school
339 chooses to offer the statewide assessments, administering the
340 assessments at the school.
341 a. A participating private school may choose to offer and
342 administer the statewide assessments to all students who attend
343 the private school in grades 3 through 10.
344 b. A participating private school must submit a request in
345 writing to the Department of Education by March 1 of each year
346 in order to administer the statewide assessments in the
347 subsequent school year.
348 (d) Employ or contract with teachers who have regular and
349 direct contact with each student receiving a scholarship under
350 this section at the school’s physical location.
351 (e) Provide a report from an independent certified public
352 accountant who performs the agreed-upon procedures developed
353 under paragraph (6)(o) if the private school receives more than
354 $250,000 in funds from scholarships awarded under this chapter
355 section in a state fiscal year. A private school subject to this
356 paragraph must annually submit the report by September 15 to the
357 scholarship-funding organization that awarded the majority of
358 the school’s scholarship funds. The agreed-upon procedures must
359 be conducted in accordance with attestation standards
360 established by the American Institute of Certified Public
361 Accountants.
362
363 If a private school fails or refuses is unable to meet the
364 requirements of this subsection or has consecutive years of
365 material exceptions listed in the report required under
366 paragraph (e), the commissioner may determine that the private
367 school is ineligible to participate in the scholarship program
368 as determined by the Department of Education.
369 (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The Department of
370 Education shall:
371 (n)1. Conduct site visits to private schools participating
372 in the Florida Tax Credit Scholarship Program as authorized
373 under s. 1002.421(7). The purposes purpose of the site visits
374 are is solely to verify compliance with the provisions of
375 subsection (11) aimed at protecting the health, safety, and
376 welfare of students and to verify the information reported by
377 the schools concerning the enrollment and attendance of
378 students, the credentials of teachers, background screening of
379 teachers, and teachers’ fingerprinting results. The Department
380 of Education may not make more than seven site visits each year;
381 however, The department may make followup additional site visits
382 at any time to any school that, pursuant to subsection (11), has
383 received a notice of noncompliance or a notice of proposed
384 action within the previous 2 years.
385 2. Annually, by December 15, report to the Governor, the
386 President of the Senate, and the Speaker of the House of
387 Representatives the Department of Education’s actions with
388 respect to implementing accountability in the scholarship
389 program under this section and s. 1002.421, any substantiated
390 allegations or violations of law or rule by an eligible private
391 school under this program concerning the enrollment and
392 attendance of students, the credentials of teachers, background
393 screening of teachers, and teachers’ fingerprinting results and
394 the corrective action taken by the Department of Education.
395 Section 6. Present subsection (7) of section 1002.421,
396 Florida Statutes, is amended and redesignated as subsection
397 (11), a new subsection (7) and subsections (8), (9), and (10)
398 are added to that section, and subsection (1), paragraphs (h)
399 and (i) of subsection (2), and subsections (4) and (5) of that
400 section are amended, to read:
401 1002.421 Accountability of private schools participating in
402 state school choice scholarship programs.—
403 (1)(a) A Florida private school participating in the
404 Florida Tax Credit Scholarship Program established pursuant to
405 s. 1002.395 or an educational scholarship program established
406 pursuant to this chapter must comply with all requirements of
407 this section in addition to private school requirements outlined
408 in s. 1002.42, specific requirements identified within
409 respective scholarship program laws, and other provisions of
410 Florida law that apply to private schools.
411 (b) For purposes of this section, the term “owner or
412 operator” includes an owner, operator, superintendent, or
413 principal of an eligible private school or a person with
414 equivalent decisionmaking authority over an eligible private
415 school.
416 (2) A private school participating in a scholarship program
417 must be a Florida private school as defined in s. 1002.01(2),
418 must be registered in accordance with s. 1002.42, and must:
419 (h) Employ or contract with teachers who:
420 1. Unless otherwise specified under this paragraph, hold
421 baccalaureate or higher degrees, have at least 3 years of
422 teaching experience in public or private schools, or have
423 objectively identified special skills, knowledge, or expertise
424 that qualifies them to provide instruction in subjects taught.
425 2. Hold baccalaureate or higher degrees from a regionally
426 or nationally accredited college or university in the United
427 States or from a recognized college or university in another
428 country. This subparagraph applies to full-time teachers hired
429 after July 1, 2018, who are teaching students in grade 2 or
430 above.
431
432 The private school must report to the department, in a format
433 developed by the department, the qualifications of each teacher
434 hired by the school, including, but not limited to, an
435 explanation of the objectively identified special skills or
436 expertise of such teachers, as applicable. Additionally, the
437 private school must provide to the parent of each scholarship
438 student, on the school’s website or on a written form provided
439 by the school, the qualifications of each classroom teacher.
440 (i) Require each employee and contracted personnel with
441 direct student contact, upon employment or engagement to provide
442 services, to undergo a state and national background screening,
443 pursuant to s. 943.0542, by electronically filing with the
444 Department of Law Enforcement a complete set of fingerprints
445 taken by an authorized law enforcement agency or an employee of
446 the private school, a school district, or a private company who
447 is trained to take fingerprints and deny employment to or
448 terminate an employee if he or she fails to meet the screening
449 standards under s. 435.04. Results of the screening shall be
450 provided to the participating private school. For purposes of
451 this paragraph:
452 1. An “employee or contracted personnel with direct student
453 contact” means any employee or contracted personnel who has
454 unsupervised access to a scholarship student for whom the
455 private school is responsible.
456 2. The costs of fingerprinting and the background check
457 shall not be borne by the state.
458 3. Continued employment of an employee or contracted
459 personnel after notification that he or she has failed the
460 background screening under this paragraph shall cause a private
461 school to be ineligible for participation in a scholarship
462 program.
463 4. An employee or contracted personnel holding a valid
464 Florida teaching certificate who has been fingerprinted pursuant
465 to s. 1012.32 and who is not ineligible for employment pursuant
466 to s. 1012.315 is not required to comply with the provisions of
467 this paragraph.
468 (4) A private school that accepts scholarship students
469 under this chapter s. 1002.39 or s. 1002.395 must:
470 (a) Disqualify instructional personnel and school
471 administrators, as defined in s. 1012.01, from employment in any
472 position that requires direct contact with students if the
473 personnel or administrators are ineligible for such employment
474 under s. 1012.315.
475 (b) Adopt and faithfully implement policies establishing
476 standards of ethical conduct for instructional personnel and
477 school administrators. The policies must require all
478 instructional personnel and school administrators, as defined in
479 s. 1012.01, to complete training on the standards; establish the
480 duty of instructional personnel and school administrators to
481 report, and procedures for reporting, alleged misconduct by
482 other instructional personnel and school administrators which
483 affects the health, safety, or welfare of a student; and include
484 an explanation of the liability protections provided under ss.
485 39.203 and 768.095. A private school, or any of its employees,
486 may not enter into a confidentiality agreement regarding
487 terminated or dismissed instructional personnel or school
488 administrators, or personnel or administrators who resign in
489 lieu of termination, based in whole or in part on misconduct
490 that affects the health, safety, or welfare of a student, and
491 may not provide the instructional personnel or school
492 administrators with employment references or discuss the
493 personnel’s or administrators’ performance with prospective
494 employers in another educational setting, without disclosing the
495 personnel’s or administrators’ misconduct. Any part of an
496 agreement or contract that has the purpose or effect of
497 concealing misconduct by instructional personnel or school
498 administrators which affects the health, safety, or welfare of a
499 student is void, is contrary to public policy, and may not be
500 enforced.
501 (c) Before employing instructional personnel or school
502 administrators in any position that requires direct contact with
503 students, conduct employment history checks of each of the
504 personnel’s or administrators’ previous employers, screen the
505 personnel or administrators through use of the educator
506 screening tools described in s. 1001.10(5), and document the
507 findings. If unable to contact a previous employer, the private
508 school must document efforts to contact the employer.
509
510 The department shall suspend the payment of funds under this
511 chapter ss. 1002.39 and 1002.395 to a private school that
512 knowingly fails or refuses to comply with this subsection, and
513 shall prohibit the school from enrolling new scholarship
514 students, for 1 fiscal year and until the school complies.
515 (5) The failure or refusal inability of a private school to
516 meet the requirements of this section shall constitute a basis
517 for the ineligibility of the private school to participate in a
518 scholarship program as determined by the department.
519 Additionally, a private school is ineligible to participate in a
520 state scholarship program under this chapter if the owner or
521 operator of the private school was a debtor in a voluntary or
522 involuntary bankruptcy petition within the most recent 5 years.
523 (7)(a) The department must annually visit at least 5
524 percent, and may annually visit up to 7 percent, of the private
525 schools that participate in the state scholarship programs under
526 this chapter. Site visits required under subsection (8) are not
527 included in the annual site visits authorized under this
528 paragraph.
529 (b) The purposes of the site visits are to verify
530 compliance with the provisions of this section aimed at
531 protecting the health, safety, and welfare of students and to
532 verify the information reported by the schools concerning the
533 enrollment and attendance of students, the credentials of
534 teachers, background screening of teachers, and teachers’
535 fingerprinting results, as required by rules of the State Board
536 of Education and this section.
537 (c) The department may make followup site visits at any
538 time to any school that has received a notice of noncompliance
539 or a notice of proposed action within the previous 2 years, or
540 for a cause that affects the health, safety, and welfare of a
541 student.
542 (8)(a) The department shall visit each private school that
543 notifies the department of the school’s intent to participate in
544 a state scholarship program under this chapter.
545 (b) The purpose of the site visit is to determine that the
546 school meets the applicable state and local health, safety, and
547 welfare codes and rules pursuant to this section.
548 (9) The Division of State Fire Marshal shall annually
549 provide to the department a fire safety inspection report,
550 prepared by the local fire departments or by entities with whom
551 they contract to perform fire safety inspections of private
552 schools, for each private school that participates in a state
553 scholarship program under this chapter.
554 (10) If a private school that participates in a state
555 scholarship program under this chapter receives more than
556 $250,000 in funds from the scholarships awarded under chapter
557 1002 in a state fiscal year, the school must provide to the
558 department a report of the balance sheet and statement of income
559 expenditures in accordance with generally accepted accounting
560 procedures from an independent certified public accountant who
561 performs the agreed-upon procedures.
562 (11)(7) The State Board of Education shall adopt rules
563 pursuant to ss. 120.536(1) and 120.54 to administer and enforce
564 this section.
565 Section 7. Section 1006.061, Florida Statutes, is amended
566 to read:
567 1006.061 Child abuse, abandonment, and neglect policy.—Each
568 district school board, charter school, and private school that
569 accepts scholarship students under s. 1002.385, s. 1002.39, or
570 s. 1002.395, or another state scholarship program under chapter
571 1002 shall:
572 (1) Post in a prominent place in each school a notice that,
573 pursuant to chapter 39, all employees and agents of the district
574 school board, charter school, or private school have an
575 affirmative duty to report all actual or suspected cases of
576 child abuse, abandonment, or neglect; have immunity from
577 liability if they report such cases in good faith; and have a
578 duty to comply with child protective investigations and all
579 other provisions of law relating to child abuse, abandonment,
580 and neglect. The notice shall also include the statewide toll
581 free telephone number of the central abuse hotline.
582 (2) Post in a prominent place at each school site and on
583 each school’s Internet website, if available, the policies and
584 procedures for reporting alleged misconduct by instructional
585 personnel or school administrators which affects the health,
586 safety, or welfare of a student; the contact person to whom the
587 report is made; and the penalties imposed on instructional
588 personnel or school administrators who fail to report suspected
589 or actual child abuse or alleged misconduct by other
590 instructional personnel or school administrators.
591 (3) Require the principal of the charter school or private
592 school, or the district school superintendent, or the
593 superintendent’s designee, at the request of the Department of
594 Children and Families, to act as a liaison to the Department of
595 Children and Families and the child protection team, as defined
596 in s. 39.01, when in a case of suspected child abuse,
597 abandonment, or neglect or an unlawful sexual offense involving
598 a child the case is referred to such a team; except that this
599 does not relieve or restrict the Department of Children and
600 Families from discharging its duty and responsibility under the
601 law to investigate and report every suspected or actual case of
602 child abuse, abandonment, or neglect or unlawful sexual offense
603 involving a child.
604 (4)(a) Post in a prominent place in a clearly visible
605 location and public area of the school which is readily
606 accessible to and widely used by students a sign in English and
607 Spanish that contains:
608 1. The statewide toll-free telephone number of the central
609 abuse hotline as provided in chapter 39;
610 2. Instructions to call 911 for emergencies; and
611 3. Directions for accessing the Department of Children and
612 Families Internet website for more information on reporting
613 abuse, neglect, and exploitation.
614 (b) The information in paragraph (a) must be put on at
615 least one poster in each school, on a sheet that measures at
616 least 11 inches by 17 inches, produced in large print, and
617 placed at student eye level for easy viewing.
618
619 The Department of Education shall develop, and publish on the
620 department’s Internet website, sample notices suitable for
621 posting in accordance with subsections (1), (2), and (4).
622 Section 8. Section 1012.315, Florida Statutes, is amended
623 to read:
624 1012.315 Disqualification from employment.—A person is
625 ineligible for educator certification, and instructional
626 personnel and school administrators, as defined in s. 1012.01,
627 are ineligible for employment in any position that requires
628 direct contact with students in a district school system,
629 charter school, or private school that accepts scholarship
630 students under s. 1002.385, s. 1002.39, or s. 1002.395, or
631 another state scholarship program under chapter 1002, if the
632 person, instructional personnel, or school administrator has
633 been convicted of:
634 (1) Any felony offense prohibited under any of the
635 following statutes:
636 (a) Section 393.135, relating to sexual misconduct with
637 certain developmentally disabled clients and reporting of such
638 sexual misconduct.
639 (b) Section 394.4593, relating to sexual misconduct with
640 certain mental health patients and reporting of such sexual
641 misconduct.
642 (c) Section 415.111, relating to adult abuse, neglect, or
643 exploitation of aged persons or disabled adults.
644 (d) Section 782.04, relating to murder.
645 (e) Section 782.07, relating to manslaughter, aggravated
646 manslaughter of an elderly person or disabled adult, aggravated
647 manslaughter of a child, or aggravated manslaughter of an
648 officer, a firefighter, an emergency medical technician, or a
649 paramedic.
650 (f) Section 784.021, relating to aggravated assault.
651 (g) Section 784.045, relating to aggravated battery.
652 (h) Section 784.075, relating to battery on a detention or
653 commitment facility staff member or a juvenile probation
654 officer.
655 (i) Section 787.01, relating to kidnapping.
656 (j) Section 787.02, relating to false imprisonment.
657 (k) Section 787.025, relating to luring or enticing a
658 child.
659 (l) Section 787.04(2), relating to leading, taking,
660 enticing, or removing a minor beyond the state limits, or
661 concealing the location of a minor, with criminal intent pending
662 custody proceedings.
663 (m) Section 787.04(3), relating to leading, taking,
664 enticing, or removing a minor beyond the state limits, or
665 concealing the location of a minor, with criminal intent pending
666 dependency proceedings or proceedings concerning alleged abuse
667 or neglect of a minor.
668 (n) Section 790.115(1), relating to exhibiting firearms or
669 weapons at a school-sponsored event, on school property, or
670 within 1,000 feet of a school.
671 (o) Section 790.115(2)(b), relating to possessing an
672 electric weapon or device, destructive device, or other weapon
673 at a school-sponsored event or on school property.
674 (p) Section 794.011, relating to sexual battery.
675 (q) Former s. 794.041, relating to sexual activity with or
676 solicitation of a child by a person in familial or custodial
677 authority.
678 (r) Section 794.05, relating to unlawful sexual activity
679 with certain minors.
680 (s) Section 794.08, relating to female genital mutilation.
681 (t) Chapter 796, relating to prostitution.
682 (u) Chapter 800, relating to lewdness and indecent
683 exposure.
684 (v) Section 806.01, relating to arson.
685 (w) Section 810.14, relating to voyeurism.
686 (x) Section 810.145, relating to video voyeurism.
687 (y) Section 812.014(6), relating to coordinating the
688 commission of theft in excess of $3,000.
689 (z) Section 812.0145, relating to theft from persons 65
690 years of age or older.
691 (aa) Section 812.019, relating to dealing in stolen
692 property.
693 (bb) Section 812.13, relating to robbery.
694 (cc) Section 812.131, relating to robbery by sudden
695 snatching.
696 (dd) Section 812.133, relating to carjacking.
697 (ee) Section 812.135, relating to home-invasion robbery.
698 (ff) Section 817.563, relating to fraudulent sale of
699 controlled substances.
700 (gg) Section 825.102, relating to abuse, aggravated abuse,
701 or neglect of an elderly person or disabled adult.
702 (hh) Section 825.103, relating to exploitation of an
703 elderly person or disabled adult.
704 (ii) Section 825.1025, relating to lewd or lascivious
705 offenses committed upon or in the presence of an elderly person
706 or disabled person.
707 (jj) Section 826.04, relating to incest.
708 (kk) Section 827.03, relating to child abuse, aggravated
709 child abuse, or neglect of a child.
710 (ll) Section 827.04, relating to contributing to the
711 delinquency or dependency of a child.
712 (mm) Section 827.071, relating to sexual performance by a
713 child.
714 (nn) Section 843.01, relating to resisting arrest with
715 violence.
716 (oo) Chapter 847, relating to obscenity.
717 (pp) Section 874.05, relating to causing, encouraging,
718 soliciting, or recruiting another to join a criminal street
719 gang.
720 (qq) Chapter 893, relating to drug abuse prevention and
721 control, if the offense was a felony of the second degree or
722 greater severity.
723 (rr) Section 916.1075, relating to sexual misconduct with
724 certain forensic clients and reporting of such sexual
725 misconduct.
726 (ss) Section 944.47, relating to introduction, removal, or
727 possession of contraband at a correctional facility.
728 (tt) Section 985.701, relating to sexual misconduct in
729 juvenile justice programs.
730 (uu) Section 985.711, relating to introduction, removal, or
731 possession of contraband at a juvenile detention facility or
732 commitment program.
733 (2) Any misdemeanor offense prohibited under any of the
734 following statutes:
735 (a) Section 784.03, relating to battery, if the victim of
736 the offense was a minor.
737 (b) Section 787.025, relating to luring or enticing a
738 child.
739 (3) Any criminal act committed in another state or under
740 federal law which, if committed in this state, constitutes an
741 offense prohibited under any statute listed in subsection (1) or
742 subsection (2).
743 (4) Any delinquent act committed in this state or any
744 delinquent or criminal act committed in another state or under
745 federal law which, if committed in this state, qualifies an
746 individual for inclusion on the Registered Juvenile Sex Offender
747 List under s. 943.0435(1)(h)1.d.
748 Section 9. Paragraph (e) of subsection (1) of section
749 1012.796, Florida Statutes, is amended to read:
750 1012.796 Complaints against teachers and administrators;
751 procedure; penalties.—
752 (1)
753 (e) If allegations arise against an employee who is
754 certified under s. 1012.56 and employed in an educator
755 certificated position in any public school, charter school or
756 governing board thereof, or private school that accepts
757 scholarship students under s. 1002.385, s. 1002.39, or s.
758 1002.395, or another state scholarship program under chapter
759 1002, the school shall file in writing with the department a
760 legally sufficient complaint within 30 days after the date on
761 which the subject matter of the complaint came to the attention
762 of the school. A complaint is legally sufficient if it contains
763 ultimate facts that show a violation has occurred as provided in
764 s. 1012.795 and defined by rule of the State Board of Education.
765 The school shall include all known information relating to the
766 complaint with the filing of the complaint. This paragraph does
767 not limit or restrict the power and duty of the department to
768 investigate complaints, regardless of the school’s untimely
769 filing, or failure to file, complaints and followup reports.
770 Section 10. For the 2018-2019 fiscal year, $596,560 in
771 recurring funds from the General Revenue Fund and $142,134 in
772 nonrecurring funds from the General Revenue Fund are
773 appropriated to the Department of Education to implement the
774 provisions of this act.
775 Section 11. This act shall take effect July 1, 2018.