House Bill hb0565

    Florida House of Representatives - 2001                 HB 565

        By Representative Brutus






  1                      A bill to be entitled

  2         An act relating to disciplinary actions against

  3         instructional personnel; amending s. 231.2615,

  4         F.S.; establishing sanctions for failure of a

  5         superintendent to report the commission of

  6         certain acts by certified instructional

  7         personnel to the department; amending s.

  8         231.085, F.S.; requiring each school principal

  9         to report the commission of certain acts by

10         certified instructional personnel to the

11         superintendent of schools; establishing

12         sanctions for noncompliance; providing an

13         effective date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Subsection (5) of section 231.2615, Florida

18  Statutes, is amended to read:

19         231.2615  Education Practices Commission; authority to

20  discipline.--

21         (5)  Each superintendent of schools and the governing

22  authority of each developmental research school,

23  state-supported school, or nonpublic school shall report to

24  the department the name of any person certified pursuant to

25  this chapter or employed and qualified pursuant to s.

26  231.1725:

27         (a)  Who has been convicted of, or who has pled nolo

28  contendere to, a misdemeanor, felony, or any other criminal

29  charge, other than a minor traffic infraction.;

30         (b)  Who that official has reason to believe has

31  committed or is found to have committed any act which would be

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    Florida House of Representatives - 2001                 HB 565

    755-106-01






  1  a ground for revocation or suspension under subsection (1).;

  2  or

  3         (c)  Who has been dismissed or severed from employment

  4  because of conduct involving any immoral, unnatural, or

  5  lascivious act.

  6

  7  Any superintendent of schools found to have failed to comply

  8  with the provisions of this subsection shall be ineligible for

  9  any performance-based pay incentive and shall be subject to

10  disciplinary action pursuant to rules adopted by the Education

11  Practices Commission.

12         Section 2.  Subsection (3) of section 231.085, Florida

13  Statutes, is amended to read:

14         231.085  Duties of principals.--

15         (3)  Each principal is responsible for the performance

16  of all personnel employed by the district school board and

17  assigned to the school to which the principal is assigned. The

18  principal shall faithfully and effectively apply the personnel

19  assessment system approved by the district school board

20  pursuant to s. 231.29. Each principal shall report to the

21  superintendent of schools the name of any person certified

22  pursuant to this chapter or employed and qualified pursuant to

23  s. 231.1725 who:

24         (a)  Has been convicted of, or has pled nolo contendere

25  to, a misdemeanor, felony, or any other criminal charge, other

26  than a minor traffic infraction.

27         (b)  The principal has reason to believe has committed

28  or is found to have committed any act which would be a ground

29  for revocation or suspension under s. 231.2615(1).

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    Florida House of Representatives - 2001                 HB 565

    755-106-01






  1         (c)  Has been dismissed or severed from employment

  2  because of conduct involving any immoral, unnatural, or

  3  lascivious act.

  4

  5  Any principal found to have failed to comply with the

  6  provisions of this subsection shall be ineligible for any

  7  performance-based pay incentive and shall be subject to

  8  disciplinary action pursuant to rules adopted by the Education

  9  Practices Commission.

10         Section 3.  This act shall take effect July 1, 2001.

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13                          HOUSE SUMMARY

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      Establishes sanctions for failure of superintendent to
15    report the commission of certain acts by certified
      instructional personnel to the department. Requires each
16    school principal to report the commission of certain acts
      by certified instructional personnel to the
17    superintendent of schools and establishes sanctions for
      noncompliance.
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CODING: Words stricken are deletions; words underlined are additions.