CS/HB 795

1	A bill to be entitled
2	An act relating to the Office of the Inspector General in
3	the Department of Education; amending ss. 20.055 and
4	1001.02, F.S.; providing authority for the State Board of
5	Education to appoint or remove the inspector general;
6	amending s. 1001.10, F.S.; removing authority for the
7	Commissioner of Education to appoint or remove the
8	inspector general; amending s. 1001.20, F.S.; deleting
9	provisions relating to authority of the Office of
10	Inspector General, to conform; requiring the Department of
11	Education to establish the Office of the Inspector
12	General; providing that the inspector general shall
13	operate independently of the Commissioner of Education;
14	providing responsibilities; providing duty of the
15	inspector general to investigate complaints received from
16	the public, school districts, and other educational
17	institutions; requiring public reporting and tracking of
18	certain crimes and incidents of waste, fraud, and
19	financial mismanagement; defining terms related to
20	reporting and tracking of certain types of complaints and
21	criminal violations; requiring an annual report to the
22	Governor and the Legislature; amending s. 1002.33, F.S.;
23	providing that charter schools shall be subject to
24	inspector general inquiry and reporting requirements;
25	amending s. 1002.36, F.S.; conforming a cross-reference;
26	requiring specific notice language to be placed on the pay
27	statements or salary warrants of public school personnel;
28	providing an effective date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1.  Subsection (3) of section 20.055, Florida
33	Statutes, is amended to read:
34	20.055  Agency inspectors general.--
35	(3)(a)1.  Except as provided in subparagraph 2., the
36	inspector general shall be appointed by the agency head. For
37	agencies under the direction of the Governor, the appointment
38	shall be made after notifying the Governor in writing, at least
39	7 days prior to an offer of employment, of the agency head's
40	intention to hire the inspector general.
41	2.  The inspector general established by the Department of
42	Education as provided in s. 1001.20(5) shall be appointed by the
43	State Board of Education. The appointment shall be made after
44	notifying the Governor in writing, at least 7 days prior to an
45	offer of employment, of the state board's intention to hire the
46	inspector general.
47	(b)  Each inspector general shall report to and be under
48	the general supervision of the agency head and shall not be
49	subject to supervision by any other employee of the state
50	agency. The inspector general shall be appointed without regard
51	to political affiliation.
52	(c)  An inspector general may be removed from office by the
53	agency head, except that the inspector general established by
54	the Department of Education as provided in s. 1001.20(5) may be
55	removed by the State Board of Education. For agencies under the
56	direction of the Governor, the agency head shall notify the
57	Governor, in writing, of the intention to terminate the
58	inspector general at least 7 days prior to the removal. For
59	state agencies under the direction of the Governor and Cabinet,
60	the agency head shall notify the Governor and Cabinet in writing
61	of the intention to terminate the inspector general at least 7
62	days prior to the removal.
63	(d)  The agency head shall not prevent or prohibit the
64	inspector general or director of auditing from initiating,
65	carrying out, or completing any audit or investigation.
66	Section 2.  Subsection (10) is added to section 1001.02,
67	Florida Statutes, to read:
68	1001.02  General powers of State Board of Education.--
69	(10)  The State Board of Education shall appoint or remove
70	the inspector general housed within the Office of the
71	Commissioner of Education pursuant to s. 1001.20(5). This power
72	of the state board shall not be delegated to the Commissioner of
73	Education or to the directors of the divisions of the Department
74	of Education.
75	Section 3.  Subsection (1) of section 1001.10, Florida
76	Statutes, is amended to read:
77	1001.10  Commissioner of Education; general powers and
78	duties.--The Commissioner of Education is the chief educational
79	officer of the state and the sole custodian of the K-20 data
80	warehouse, and is responsible for giving full assistance to the
81	State Board of Education in enforcing compliance with the
82	mission and goals of the seamless K-20 education system. To
83	facilitate innovative practices and to allow local selection of
84	educational methods, the State Board of Education may authorize
85	the commissioner to waive, upon the request of a district school
86	board, State Board of Education rules that relate to district
87	school instruction and school operations, except those rules
88	pertaining to civil rights, and student health, safety, and
89	welfare. The Commissioner of Education is not authorized to
90	grant waivers for any provisions in rule pertaining to the
91	allocation and appropriation of state and local funds for public
92	education; the election, compensation, and organization of
93	school board members and superintendents; graduation and state
94	accountability standards; financial reporting requirements;
95	reporting of out-of-field teaching assignments under s. 1012.42;
96	public meetings; public records; or due process hearings
97	governed by chapter 120. No later than January 1 of each year,
98	the commissioner shall report to the Legislature and the State
99	Board of Education all approved waiver requests in the preceding
100	year. Additionally, the commissioner has the following general
101	powers and duties:
102	(1)  To appoint staff necessary to carry out his or her
103	powers and duties, except that the commissioner shall not have
104	the power to appoint or remove the inspector general.
105
106	The commissioner's office shall operate all statewide functions
107	necessary to support the State Board of Education and the K-20
108	education system, including strategic planning and budget
109	development, general administration, and assessment and
110	accountability.
111	Section 4.  Subsection (4) of section 1001.20, Florida
112	Statutes, is amended, and subsection (5) is added to that
113	section, to read:
114	1001.20  Department under direction of state board.--
115	(4)  The Department of Education shall establish the
116	following offices within the Office of the Commissioner of
117	Education which shall coordinate their activities with all other
118	divisions and offices:
119	(a)  Office of Technology and Information
120	Services.--Responsible for developing a systemwide technology
121	plan, making budget recommendations to the commissioner,
122	providing data collection and management for the system, and
123	coordinating services with other state, local, and private
124	agencies. The office shall develop a method to address the need
125	for a statewide approach to planning and operations of library
126	and information services to achieve a single K-20 education
127	system library information portal and a unified higher education
128	library management system. The Florida Virtual School shall be
129	administratively housed within the office.
130	(b)  Office of Workforce and Economic
131	Development.--Responsible for evaluating the role of each sector
132	of education in Florida's workforce and economic development,
133	assessing the specific work skills and variety of careers
134	provided, and reporting to the State Board of Education the
135	effectiveness of each sector.
136	(c)  Office of Educational Facilities and SMART Schools
137	Clearinghouse.--Responsible for validating all educational plant
138	surveys and verifying Florida Inventory of School Houses (FISH)
139	data. The office shall provide technical assistance to public
140	school districts when requested.
141	(d)  Office of Student Financial Assistance.--Responsible
142	for providing access to and administering state and federal
143	grants, scholarships, and loans to those students seeking
144	financial assistance for postsecondary study pursuant to program
145	criteria and eligibility requirements.
146	(e)  Office of Inspector General.--Organized using existing
147	resources and funds and responsible for promoting
148	accountability, efficiency, and effectiveness and detecting
149	fraud and abuse within school districts, the Florida School for
150	the Deaf and the Blind, community colleges, and state
151	universities in Florida. If the Commissioner of Education
152	determines that a district school board, the Board of Trustees
153	for the Florida School for the Deaf and the Blind, or a public
154	postsecondary educational institution board is unwilling or
155	unable to address substantiated allegations made by any person
156	relating to waste, fraud, or financial mismanagement, the office
157	shall conduct, coordinate, or request investigations into
158	substantiated allegations made by any person relating to waste,
159	fraud, or financial mismanagement within school districts, the
160	Florida School for the Deaf and the Blind, community colleges,
161	and state universities in Florida. The office shall have access
162	to all information and personnel necessary to perform its duties
163	and shall have all of its current powers, duties, and
164	responsibilities authorized in s. 20.055.
165	(5)(a)  The Department of Education shall establish the
166	Office of the Inspector General, to be located within the Office
167	of the Commissioner of Education. The inspector general shall
168	operate independently of the Commissioner of Education and shall
169	be responsible for promoting accountability, efficiency, and
170	effectiveness and detecting fraud and abuse within school
171	districts, charter schools, the Florida School for the Deaf and
172	the Blind, community colleges, and state universities in
173	Florida.
174	(b)  The inspector general shall:
175	1.  Have full discretion to investigate any complaint
176	received from the general public and any complaint he or she
177	determines to be substantiated that has been made by any person
178	and filed with a district school board, a charter school, the
179	Board of Trustees for the Florida School for the Deaf and the
180	Blind, or a public postsecondary educational institution related
181	to allegations of waste, fraud, or financial mismanagement
182	within school districts, charter schools, the Florida School for
183	the Deaf and the Blind, community colleges, or state
184	universities in Florida. Upon written notification to a district
185	school board, a charter school, the Board of Trustees for the
186	Florida School for the Deaf and the Blind, or a public
187	postsecondary educational institution board by the inspector
188	general of his or her intention to conduct the investigation
189	into the filed complaint, the notified party shall cease any
190	pending investigation or inquiry into the matter and forward any
191	and all notes, papers, documents, reports, witness or employee
192	statements regardless of the manner stored or preserved, witness
193	lists, and any other material obtained in response to the
194	complaint to the Office of the Inspector General within 15 days
195	or at such other time as designated by the inspector general.
196	There shall be a continuing duty on the part of any district
197	school board, any charter school, the Board of Trustees for the
198	Florida School for the Deaf and the Blind, or any public
199	postsecondary educational institution board to forward the
200	material described in this subparagraph to the inspector
201	general. The inspector general may, after initial review or
202	preliminary inquiry, determine to return or forward any
203	complaint that is the subject of inquiry by his or her office to
204	a district school board, a charter school, the Board of Trustees
205	for the Florida School for the Deaf and the Blind, or a public
206	postsecondary educational institution board for purposes of
207	further review and disposition as determined appropriate by the
208	receiving party.
209	2.  Have access to all information and personnel necessary
210	to perform his or her duties and shall have all powers, duties,
211	and responsibilities authorized in s. 20.055.
212	3.  Establish and maintain a toll-free telephone number
213	specifically designated as a hotline for the purpose of
214	receiving complaints from the general public desiring to report
215	incidents of waste, fraud, or financial mismanagement within
216	school districts, charter schools, the Florida School for the
217	Deaf and the Blind, community colleges, and state universities
218	in Florida. The telephone number shall be prominently displayed
219	on an Internet website maintained by the Department of
220	Education. The Internet website shall inform the public of their
221	right to file complaints directly through the Office of the
222	Inspector General and shall provide an explanation for the
223	procedures to initiate and file a complaint.
224	4.  Gather and report information on the following
225	incidents as defined in this section: reported teacher abuse,
226	molestation, and sex offenses; reported fraud in school
227	construction and overpayments for school contracts; reported
228	cases of teachers or noninstructional school district employees
229	charged with driving under the influence of alcohol or
230	controlled substances, theft, robbery, or FCAT cheating; and
231	reported district school board, district school superintendent,
232	or administrative personnel impropriety. The report must be in a
233	simple and easy-to-understand format to be developed by the
234	inspector general and shall be for informational tracking
235	purposes only. The report must be updated on a weekly basis,
236	list incidents by county, and be made readily available to the
237	public through an Internet website maintained by the Department
238	of Education. The report must also be available to the public in
239	printed form upon written request to the inspector general. The
240	first weekly report required under this subparagraph shall be
241	due for publication by January 31, 2008.
242	(c)  For purposes of gathering, tracking, and reporting the
243	incidents described in subparagraph (b)4., the following
244	definitions apply:
245	1.  "Charged" means formally charged by information or
246	indictment filed by a state attorney, regardless of the final
247	disposition.
248	2.  "Driving under the influence of alcohol or controlled
249	substances" means an offense under s. 316.193 or any similar law
250	of another state or territory of the United States.
251	3.  "Molestation" means an offense under s. 800.04 or any
252	similar law of another state or territory of the United States.
253	4.  "Reported" means any sworn complaint filed with any law
254	enforcement agency, state attorney, public or private school,
255	district school board, or the inspector general, including any
256	incident reported to law enforcement resulting in arrest.
257	5.  "Robbery" means any robbery under s. 812.13, robbery by
258	sudden snatching under s. 812.131, carjacking under s. 812.133,
259	or home-invasion robbery under s. 812.135, or any such offense
260	under any similar law of another state or territory of the
261	United States.
262	6.  "Sex offense" means any violation of s. 794.011, s.
263	794.05, s. 800.02, s. 800.03, or s. 827.071, any felony
264	violation of chapter 847, or any such offense under any similar
265	law of another state or territory of the United States.
266	7.  "Teacher abuse" means any violation under s. 827.03 or
267	s. 827.04 or any similar law of another state or territory of
268	the United States, committed by a teacher.
269	8.  "Theft" means any offense described as a theft under
270	chapter 812 or any similar law of another state or territory of
271	the United States.
272	(d)  For purposes of the reporting requirements of
273	subparagraph (b)4., the inspector general shall collaborate with
274	the district school boards, charter schools, and other
275	interested parties to develop uniform criteria to identify and
276	track incidents of reported district school board, district
277	school superintendent, or administrative personnel impropriety;
278	fraud in school construction; overpayments for school contracts;
279	and FCAT cheating.
280	(e)  The inspector general shall compile an annual report
281	on the activities of the office. The report shall include the
282	annual number of complaints filed, the number of substantiated
283	complaints, the number of unsubstantiated complaints, a listing
284	of the number of complaints according to categories of waste,
285	fraud, and financial mismanagement, and the disposition of
286	substantiated complaints. The report must be submitted to the
287	Governor, the President of the Senate, and the Speaker of the
288	House of Representatives by January 31 of each year.
289	Section 5.  Subsection (16) of section 1002.33, Florida
290	Statutes, is amended to read:
291	1002.33  Charter schools.--
292	(16)  EXEMPTION FROM STATUTES.--
293	(a)  A charter school shall operate in accordance with its
294	charter and shall be exempt from all statutes in chapters 1000-
295	1013. However, a charter school shall be in compliance with the
296	following statutes in chapters 1000-1013:
297	1.  Those statutes specifically applying to charter
298	schools, including this section.
299	2.  Those statutes pertaining to the student assessment
300	program and school grading system.
301	3.  Those statutes pertaining to the provision of services
302	to students with disabilities.
303	4.  Those statutes pertaining to civil rights, including s.
304	1000.05, relating to discrimination.
305	5.  Those statutes pertaining to student health, safety,
306	and welfare.
307	(b)  Additionally, a charter school shall be in compliance
308	with the following statutes:
309	1.  Section 286.011, relating to public meetings and
310	records, public inspection, and criminal and civil penalties.
311	2.  Chapter 119, relating to public records.
312	(c)  A charter school shall be subject to inquiry and
313	reporting requirements of s. 1001.20(5) by the inspector general
314	to the same extent as all other schools of the K-20 education
315	system within school districts.
316	Section 6.  Subsection (3) of section 1002.36, Florida
317	Statutes, is amended to read:
318	1002.36  Florida School for the Deaf and the Blind.--
319	(3)  AUDITS.--The Auditor General shall conduct annual
320	audits of the accounts and records of the Florida School for the
321	Deaf and the Blind. The Department of Education's inspector
322	general is authorized to conduct investigations at the school as
323	provided in s. 1001.20(5)(4)(e).
324	Section 7.  (1)  Any employer of public school personnel
325	shall include the following notice on the salary warrant, direct
326	deposit statement, or other form of wage payment of each
327	employee: ALL EMPLOYEES OF THE PUBLIC SCHOOL SYSTEM MAY REPORT
328	INCIDENTS OF WASTE, FRAUD, AND ABUSE TO THE OFFICE OF THE
329	INSPECTOR GENERAL AT 1-800-XXX-XXXX.
330	(2)  For purposes of this section, "employer" means the
331	chief financial officer for state employees of the Department of
332	Education, district school systems, and charter schools. The
333	telephone number to be included in the notice required in this
334	section shall be the toll-free telephone number established by
335	the inspector general under s. 1001.20(5)(b)3., Florida
336	Statutes.
337	Section 8.  This act shall take effect July 1, 2007.

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