CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1574

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Horne moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 2, line 30, through

15            page 3, line 17, delete those lines

16

17  and insert:

18         (3)  APPLICATION; UNLAWFUL REPRISAL PROPOSAL.--

19         (a)  An application A proposal for a new charter school

20  may be made by an individual, teachers, parents, a group of

21  individuals, a municipality, or a legal entity organized under

22  the laws of this state. The district school board or the

23  principal, teachers, parents, and/or the school advisory

24  council at an existing public school, including a public

25  school-within-a-school that is designated as a school by the

26  district school board, shall submit any application proposal

27  for converting the school to a charter school. An application

28  submitted proposing to convert an existing public school to a

29  charter school shall demonstrate the support of at least 50

30  percent of the teachers employed at the school and 50 percent

31  of the parents voting whose children are enrolled at the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1574

    Amendment No.    





 1  school, provided that a majority of the parents eligible to

 2  vote participate in the ballot process, according to

 3  procedures established by rules of the state board. A private

 4  school, parochial school, or home education program shall not

 5  be eligible for charter school status.

 6         (b)  No district school board, or district school board

 7  employee who has control over personnel actions, shall take

 8  unlawful reprisal against another district school board

 9  employee because that employee is either directly or

10  indirectly involved with an application to establish a charter

11  school.  As used in this subsection, the term "unlawful

12  reprisal" means an action taken by a district school board or

13  a school system employee against an employee who is directly

14  or indirectly involved in a lawful application to establish a

15  charter school, which occurs as a direct result of that

16  involvement, and which results in one or more of the

17  following: disciplinary or corrective action; adverse transfer

18  or reassignment, whether temporary or permanent; suspension,

19  demotion, or dismissal; an unfavorable performance evaluation;

20  a reduction in pay, benefits, or rewards; elimination of the

21  employee's position absent of a reduction in force as a result

22  of lack of moneys or work; or other adverse significant

23  changes in duties or responsibilities that are inconsistent

24  with the employee's salary or employment classification. The

25  following procedures shall apply to an alleged unlawful

26  reprisal which occurs as a consequence of an employee's direct

27  or indirect involvement with an application to establish a

28  charter school:

29         1.  Within 60 days after a reprisal prohibited by this

30  subsection, an employee may file a complaint with the

31  Department of Education.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1574

    Amendment No.    





 1         2.  Within 3 working days after receiving a complaint

 2  under this section, the department shall acknowledge receipt

 3  of the complaint and provide copies of the complaint and any

 4  other relevant preliminary information available to each of

 5  the other parties named in the complaint, which parties shall

 6  each acknowledge receipt of such copies to the complainant.

 7         3.  If the department determines that the complaint

 8  demonstrates reasonable cause to suspect that an unlawful

 9  reprisal has occurred, the department shall conduct an

10  investigation to produce a fact-finding report.

11         4.  Within 90 days after receiving the complaint, the

12  department shall provide the superintendent of schools of the

13  complainant's district and the complainant with a fact-finding

14  report that may include recommendations to the parties or

15  proposed resolution of the complaint. The fact-finding report

16  shall be presumed admissible in any subsequent or related

17  administrative or judicial review.

18         5.  If the department determines that reasonable

19  grounds exist to believe that an unlawful reprisal has

20  occurred, is occurring, or is to be taken, and is unable to

21  conciliate a complaint within 60 days after receipt of the

22  fact-finding report, the department shall terminate the

23  investigation. Upon termination of any investigation, the

24  department shall notify the complainant and the superintendent

25  of schools of the termination of the investigation, providing

26  a summary of relevant facts found during the investigation and

27  the reasons for terminating the investigation. A written

28  statement under this paragraph is presumed admissible as

29  evidence in any judicial or administrative proceeding.

30         6.  The department shall either contract with the

31  Division of Administrative Hearings under s. 120.65, or

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1574

    Amendment No.    





 1  otherwise provide for a complaint for which the department

 2  determines reasonable grounds exist to believe that an

 3  unlawful reprisal has occurred, is occurring, or is to be

 4  taken, and is unable to conciliate, to be heard by a panel of

 5  impartial persons. Upon hearing the complaint, the panel must

 6  make findings of fact and conclusions of law for a final

 7  decision by the department.

 8

 9  It shall be an affirmative defense to any action brought

10  pursuant to this section that the adverse action was

11  predicated upon grounds other than, and would have been taken

12  absent, the employee's exercise of rights protected by this

13  section.

14         (c)  In any action brought under this section for which

15  it is determined reasonable grounds exist to believe that an

16  unlawful reprisal has occurred, is occurring, or is to be

17  taken, the relief must include the following:

18         1.  Reinstatement of the employee to the same position

19  held before the unlawful reprisal was commenced, or to an

20  equivalent position, or payment of reasonable front pay as

21  alternative relief.

22         2.  Reinstatement of the employee's full fringe

23  benefits and seniority rights, as appropriate.

24         3.  Compensation, if appropriate, for lost wages,

25  benefits, or other lost remuneration caused by the unlawful

26  reprisal.

27         4.  Payment of reasonable costs, including attorney's

28  fees, to a substantially prevailing employee, or to the

29  prevailing employer if the employee filed a frivolous action

30  in bad faith.

31         5.  Issuance of an injunction, if appropriate, by a

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1574

    Amendment No.    





 1  court of competent jurisdiction.

 2         6.  Temporary reinstatement to the employee's former

 3  position or to an equivalent position, pending the final

 4  outcome on the complaint, if it is determined that the action

 5  was not made in bad faith or for a wrongful purpose, and did

 6  not occur after a district school board's initiation of a

 7  personnel action against the employee which includes

 8  documentation of the employee's violation of a disciplinary

 9  standard or performance deficiency.

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11

12  ================ T I T L E   A M E N D M E N T ===============

13  And the title is amended as follows:

14         On page 1, line 3, after the first semicolon,

15

16  insert:

17         revising who is authorized to submit an

18         application to convert an existing public

19         school to a charter school; prohibiting

20         unlawful reprisals against district school

21         board employees as a result of direct or

22         indirect involvement in an application to

23         establish a charter school; establishing

24         procedures for reviewing and deciding alleged

25         unlawful reprisals;

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