The Florida Senate

231.261  Education Practices Commission; organization.--

(1)  There is created the Education Practices Commission, to consist of 15 members, including 7 teachers, 5 administrators, and 3 lay citizens (of whom 2 shall be former school board members), appointed by the State Board of Education from nominations by the Commissioner of Education and subject to Senate confirmation. Prior to making nominations, the commissioner shall consult with the teaching and other involved associations in the state. In making nominations, the commissioner shall attempt to achieve equal geographical representation, as closely as possible.

(a)  A teacher member, in order to be qualified for appointment:

1.  Must be certified to teach in the state.

2.  Must be a resident of the state.

3.  Must have practiced the profession in this state for at least 5 years immediately preceding the appointment.

(b)  A school administrator member, in order to be qualified for appointment:

1.  Must have an endorsement on the teaching certificate in the area of school administration or supervision.

2.  Must be a resident of the state.

3.  Must have practiced the profession as an administrator for at least 5 years immediately preceding the appointment.

(c)  The lay members must be residents of the state.

(2)  Members of the commission shall serve for 4-year staggered terms. No commission member may serve more than 8 years.

(3)  The State Board of Education may remove any member from the commission for misconduct or malfeasance in office, incapacity, or neglect of duty.

(4)  From among its members, the commission shall elect a chair who shall preside over meetings of the commission and perform other duties directed by the commission or required by its duly adopted rules or operating procedures. School districts shall be reimbursed for substitute teachers required to replace commission members, when they are carrying out their official duties, at a rate established by the school district for substitute teachers. The department is authorized to reimburse local school districts for substitutes.

(5)  The commission, by a vote of three-fourths of the membership, shall employ an executive director, who shall be exempt from career service. The executive director may be dismissed by a majority vote of the membership.

(6)(a)  The commission shall be assigned to the Department of Education for administrative purposes. The commission, in the performance of its powers and duties, shall not be subject to control, supervision, or direction by the Department of Education.

(b)  The property, personnel, and appropriations related to the specified authority, powers, duties, and responsibilities of the commission shall be provided to the commission by the Department of Education.

(7)  The duties and responsibilities of the commission are to:

(a)  Interpret and apply the standards of professional practice established by the State Board of Education.

(b)  Revoke or suspend a certificate or take other appropriate action as provided in ss. 231.17 and 231.262.

(c)  Report to and meet with the Education Standards Commission at least once each year.

¹(d)  Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of law conferring duties upon it.

(8)(a)  The commission shall be divided into two panels for the purpose of reviewing and issuing final orders upon cases presented to it. A recommended order concerning a complaint against a teacher shall be reviewed and acted upon by a panel composed of four teachers, two lay citizens, and one administrator from the commission. A recommended order concerning a complaint against an administrator shall be reviewed and acted upon by a panel composed of four administrators, two lay citizens, and one teacher from the commission.

(b)  The panels of the commission shall have final agency authority in all cases involving the revocation and suspension of certificates of teachers and school administrators. The local school board shall retain the authority to discipline teachers and administrators pursuant to law.

(9)  The commission shall make such expenditures as may be necessary in exercising its authority and powers and carrying out its duties and responsibilities, including expenditures for personal services, general counsel or access to counsel, and rent at the seat of government and elsewhere; for books of reference, periodicals, furniture, equipment, and supplies; and for printing and binding. The expenditures of the commission shall be subject to the powers and duties of the Department of Banking and Finance as provided in s. 17.03.

(10)  The commission shall be financed from the following: certification fees; fines, penalties, and costs collected pursuant to s. 231.262(8); and general revenue.

History.--ss. 6, 11, ch. 80-190; ss. 1, 2, ch. 81-217; s. 136, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 1, 4, ch. 82-46; ss. 28, 30, ch. 82-242; s. 2, ch. 83-265; ss. 1, 4, 5, 6, 7, ch. 85-221; ss. 4, 5, ch. 91-429; s. 34, ch. 94-232; s. 15, ch. 96-369; s. 30, ch. 97-96; s. 32, ch. 98-200; s. 6, ch. 98-281; s. 100, ch. 99-2.

¹Note.--As amended by s. 32, ch. 98-200. See preface to the Florida Statutes, "Statutory Construction." Paragraph (7)(d) was also amended by s. 6, ch. 98-281, and that version reads:

(d)  Have rulemaking authority pursuant to chapter 120 to establish procedures for operations and administration, disciplinary proceedings, indexing, implementation of orders, and retention of records, and to establish disciplinary guidelines.