Amendment
Bill No. CS/CS/CS/SB 1712

Amendment No. 130005

CHAMBER ACTION
Senate		House
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1	Policy & Budget Council offered the following:
2
3	Substitute Amendment for Amendment (907271) to Senate Bill
4	(with title amendment)
5	Remove everything after the enacting clause and insert:
6	Section 1.  This act may be cited as the "Ethics in
7	Education Act."
8	Section 2.  Paragraphs (c) and (d) of subsection (5) of
9	section 24.121, Florida Statutes, are amended to read:
10	24.121  Allocation of revenues and expenditure of funds for
11	public education.--
12	(5)
13	(c)  A portion of such net revenues, as determined annually
14	by the Legislature, shall be distributed to each school district
15	and shall be made available to each public school in the
16	district for enhancing school performance through development
17	and implementation of a school improvement plan pursuant to s.
18	1001.42(18) s. 1001.42(16). A portion of these moneys, as
19	determined annually in the General Appropriations Act, must be
20	allocated to each school in an equal amount for each student
21	enrolled. These moneys may be expended only on programs or
22	projects selected by the school advisory council or by a parent
23	advisory committee created pursuant to this paragraph. If a
24	school does not have a school advisory council, the district
25	advisory council must appoint a parent advisory committee
26	composed of parents of students enrolled in that school, which
27	committee is representative of the ethnic, racial, and economic
28	community served by the school, to advise the school's principal
29	on the programs or projects to be funded. Neither school
30	district staff nor principals may override the recommendations
31	of the school advisory council or the parent advisory committee.
32	These moneys may not be used for capital improvements or, nor
33	may they be used for any project or program that has a duration
34	of more than 1 year; however, a school advisory council or
35	parent advisory committee may independently determine that a
36	program or project formerly funded under this paragraph should
37	receive funds in a subsequent year.
38	(d)  No funds shall be released for any purpose from the
39	Educational Enhancement Trust Fund to any school district in
40	which one or more schools do not have an approved school
41	improvement plan pursuant to s. 1001.42(18) s. 1001.42(16) or do
42	not comply with school advisory council membership composition
43	requirements pursuant to s. 1001.452(1). The Commissioner of
44	Education shall withhold disbursements from the trust fund to
45	any school district that fails to adopt the performance-based
46	salary schedule required by s. 1012.22(1).
47	Section 3.  Paragraph (e) of subsection (2) of section
48	112.3173, Florida Statutes, is amended to read:
49	112.3173  Felonies involving breach of public trust and
50	other specified offenses by public officers and employees;
51	forfeiture of retirement benefits.--
52	(2)  DEFINITIONS.--As used in this section, unless the
53	context otherwise requires, the term:
54	(e)  "Specified offense" means:
55	1.  The committing, aiding, or abetting of an embezzlement
56	of public funds;
57	2.  The committing, aiding, or abetting of any theft by a
58	public officer or employee from his or her employer;
59	3.  Bribery in connection with the employment of a public
60	officer or employee;
61	4.  Any felony specified in chapter 838, except ss. 838.15
62	and 838.16;
63	5.  The committing of an impeachable offense; or
64	6.  The committing of any felony by a public officer or
65	employee who, willfully and with intent to defraud the public or
66	the public agency for which the public officer or employee acts
67	or in which he or she is employed of the right to receive the
68	faithful performance of his or her duty as a public officer or
69	employee, realizes or obtains, or attempts to realize or obtain,
70	a profit, gain, or advantage for himself or herself or for some
71	other person through the use or attempted use of the power,
72	rights, privileges, duties, or position of his or her public
73	office or employment position; or.
74	7.  The committing on or after October 1, 2008, of any
75	felony defined in s. 800.04 against a victim younger than 16
76	years of age, or any felony defined in chapter 794 against a
77	victim younger than 18 years of age, by a public officer or
78	employee through the use or attempted use of power, rights,
79	privileges, duties, or position of his or her public office or
80	employment position.
81	Section 4.  Paragraph (i) of subsection (5) of section
82	121.091, Florida Statutes, is redesignated as paragraph (j),
83	present paragraph (j) is redesignated as paragraph (k) and
84	amended, and a new paragraph (i) is added to that subsection, to
85	read:
86	121.091  Benefits payable under the system.--Benefits may
87	not be paid under this section unless the member has terminated
88	employment as provided in s. 121.021(39)(a) or begun
89	participation in the Deferred Retirement Option Program as
90	provided in subsection (13), and a proper application has been
91	filed in the manner prescribed by the department. The department
92	may cancel an application for retirement benefits when the
93	member or beneficiary fails to timely provide the information
94	and documents required by this chapter and the department's
95	rules. The department shall adopt rules establishing procedures
96	for application for retirement benefits and for the cancellation
97	of such application when the required information or documents
98	are not received.
99	(5)  TERMINATION BENEFITS.--A member whose employment is
100	terminated prior to retirement retains membership rights to
101	previously earned member-noncontributory service credit, and to
102	member-contributory service credit, if the member leaves the
103	member contributions on deposit in his or her retirement
104	account. If a terminated member receives a refund of member
105	contributions, such member may reinstate membership rights to
106	the previously earned service credit represented by the refund
107	by completing 1 year of creditable service and repaying the
108	refunded member contributions, plus interest.
109	(i)  The division may not pay benefits to any member
110	convicted of a felony committed on or after October 1, 2008,
111	defined in s. 800.04 against a victim younger than 16 years of
112	age, or defined in chapter 794 against a victim younger than 18
113	years of age, through the use or attempted use of power, rights,
114	privileges, duties, or position of the member's public office or
115	employment position. However, the division shall return the
116	member's accumulated contributions, if any, that the member
117	accumulated as of the date of conviction.
118	(k)(j)  Benefits shall not be paid by the division pending
119	final resolution of such charges against a member or beneficiary
120	if the resolution of such charges could require the forfeiture
121	of benefits as provided in paragraph (f), paragraph (g),
122	paragraph (h), or paragraph (i), or paragraph (j).
123	Section 5.  Section 794.09, Florida Statutes, is created to
124	read:
125	794.09  Forfeiture of retirement benefits.--The retirement
126	benefits of a person convicted of a felony committed on or after
127	October 1, 2008, under this chapter are subject to forfeiture in
128	accordance with s. 112.3173 or s. 121.091 if the person is a
129	public officer or employee when the offense occurs; the person
130	commits the offense through the use or attempted use of power,
131	rights, privileges, duties, or position of the person's public
132	office or employment position; and the victim is younger than 18
133	years of age when the offense occurs.
134	Section 6.  Section 800.05, Florida Statutes, is created
135	to:
136	800.05  Forfeiture of retirement benefits for a felony
137	defined in s. 800.04.--The retirement benefits of a person
138	convicted of a felony committed on or after October 1, 2008,
139	defined in s. 800.04 are subject to forfeiture in accordance
140	with s. 112.3173 or s. 121.091 if the person is a public officer
141	or employee when the offense occurs; the person commits the
142	offense through the use or attempted use of power, rights,
143	privileges, duties, or position of the person's public office or
144	employment position; and the victim is younger than 16 years of
145	age when the offense occurs.
146	Section 7.  Subsection (4) of section 1001.10, Florida
147	Statutes, is renumbered as subsection (6) and new subsections
148	(4) and (5) are added to that section to read:
149	1001.10  Commissioner of Education; general powers and
150	duties.--
151	(4)  The Department of Education shall provide technical
152	assistance to school districts, charter schools, the Florida
153	School for the Deaf and the Blind, and private schools that
154	accept scholarship students under s. 220.187 or s. 1002.39 in
155	the development of policies, procedures, and training related to
156	employment practices and standards of ethical conduct for
157	instructional personnel and school administrators, as defined in
158	s. 1012.01.
159	(5)  The Department of Education shall provide authorized
160	staff of school districts, charter schools, the Florida School
161	for the Deaf and the Blind, and private schools that accept
162	scholarship students under s. 220.187 or s. 1002.39 with access
163	to electronic verification of information from the following
164	employment screening tools:
165	(a)  The Professional Practices' Database of Disciplinary
166	Actions Against Educators; and
167	(b)  The Department of Education's Teacher Certification
168	Database.
169
170	This subsection does not require the department to provide these
171	staff with unlimited access to the databases. However, the
172	department shall provide the staff with access to the data
173	necessary for performing employment history checks of the
174	instructional personnel and school administrators included in
175	the databases.
176	Section 8.  Subsection (4) of section 1001.32, Florida
177	Statutes, is amended to read:
178	1001.32  Management, control, operation, administration,
179	and supervision.--The district school system must be managed,
180	controlled, operated, administered, and supervised as follows:
181	(4)  SCHOOL PRINCIPAL OR HEAD OF SCHOOL.--Responsibility
182	for the administration of any school or schools at a given
183	school center, for the supervision of instruction therein, and
184	for providing leadership in the development or revision and
185	implementation of a school improvement plan required by s.
186	1001.42(18) pursuant to s. 1001.42(16) shall be delegated to the
187	school principal or head of the school or schools in accordance
188	with rules established by the district school board.
189	Section 9.  Subsections (6) through (23) of section
190	1001.42, Florida Statutes, are renumbered as subsections (8)
191	through (25), respectively, and new subsections (6) and (7) are
192	added to that section to read:
193	1001.42  Powers and duties of district school board.--The
194	district school board, acting as a board, shall exercise all
195	powers and perform all duties listed below:
196	(6)  STANDARDS OF ETHICAL CONDUCT FOR INSTRUCTIONAL
197	PERSONNEL AND SCHOOL ADMINISTRATORS.--Adopt policies
198	establishing standards of ethical conduct for instructional
199	personnel and school administrators. The policies must require
200	all instructional personnel and school administrators, as
201	defined in s. 1012.01, to complete training on the standards;
202	establish the duty of instructional personnel and school
203	administrators to report, and procedures for reporting, alleged
204	misconduct by other instructional personnel and school
205	administrators which affects the health, safety, or welfare of a
206	student; and include an explanation of the liability protections
207	provided under ss. 39.203 and 768.095. A district school board,
208	or any of its employees, may not enter into a confidentiality
209	agreement regarding terminated or dismissed instructional
210	personnel or school administrators, or personnel or
211	administrators who resign in lieu of termination, based in whole
212	or in part on misconduct that affects the health, safety, or
213	welfare of a student, and may not provide instructional
214	personnel or school administrators with employment references or
215	discuss the personnel's or administrators' performance with
216	prospective employers in another educational setting, without
217	disclosing the personnel's or administrators' misconduct. Any
218	part of an agreement or contract that has the purpose or effect
219	of concealing misconduct by instructional personnel or school
220	administrators which affects the health, safety, or welfare of a
221	student is void, is contrary to public policy, and may not be
222	enforced.
223	(7)  DISQUALIFICATION FROM EMPLOYMENT.--Disqualify
224	instructional personnel and school administrators, as defined in
225	s. 1012.01, from employment in any position that requires direct
226	contact with students if the personnel or administrators are
227	ineligible for such employment under s. 1012.315. An elected or
228	appointed school board official forfeits his or her salary for 1
229	year if:
230	(a)  The school board official knowingly signs and
231	transmits to any state official a report of alleged misconduct
232	by instructional personnel or school administrators which
233	affects the health, safety, or welfare of a student and the
234	school board official knows the report to be false or incorrect;
235	or
236	(b)  The school board official knowingly fails to adopt
237	policies that require instructional personnel and school
238	administrators to report alleged misconduct by other
239	instructional personnel and school administrators, or that
240	require the investigation of all reports of alleged misconduct
241	by instructional personnel and school administrators, if the
242	misconduct affects the health, safety, or welfare of a student.
243	Section 10.  Paragraphs (a) and (c) of subsection (1) and
244	subsection (2) of section 1001.452, Florida Statutes, are
245	amended to read:
246	1001.452  District and school advisory councils.--
247	(1)  ESTABLISHMENT.--
248	(a)  The district school board shall establish an advisory
249	council for each school in the district and shall develop
250	procedures for the election and appointment of advisory council
251	members. Each school advisory council shall include in its name
252	the words "school advisory council." The school advisory council
253	shall be the sole body responsible for final decisionmaking at
254	the school relating to implementation of ss. 1001.42(18) the
255	provisions of ss. 1001.42(16) and 1008.345. A majority of the
256	members of each school advisory council must be persons who are
257	not employed by the school. Each advisory council shall be
258	composed of the principal and an appropriately balanced number
259	of teachers, education support employees, students, parents, and
260	other business and community citizens who are representative of
261	the ethnic, racial, and economic community served by the school.
262	Career center and high school advisory councils shall include
263	students, and middle and junior high school advisory councils
264	may include students. School advisory councils of career centers
265	and adult education centers are not required to include parents
266	as members. Council members representing teachers, education
267	support employees, students, and parents shall be elected by
268	their respective peer groups at the school in a fair and
269	equitable manner as follows:
270	1.  Teachers shall be elected by teachers.
271	2.  Education support employees shall be elected by
272	education support employees.
273	3.  Students shall be elected by students.
274	4.  Parents shall be elected by parents.
275
276	The district school board shall establish procedures to be used
277	for use by schools in selecting business and community members
278	that include means of ensuring wide notice of vacancies and of
279	taking input on possible members from local business, chambers
280	of commerce, community and civic organizations and groups, and
281	the public at large. The district school board shall review the
282	membership composition of each advisory council. If the district
283	school board determines that the membership elected by the
284	school is not representative of the ethnic, racial, and economic
285	community served by the school, the district school board shall
286	appoint additional members to achieve proper representation. The
287	commissioner shall determine if schools have maximized their
288	efforts to include on their advisory councils minority persons
289	and persons of lower socioeconomic status. Although schools are
290	strongly encouraged to establish school advisory councils, the
291	district school board of any school district that has a student
292	population of 10,000 or fewer may establish a district advisory
293	council which includes shall include at least one duly elected
294	teacher from each school in the district. For the purposes of
295	school advisory councils and district advisory councils, the
296	term "teacher" includes shall include classroom teachers,
297	certified student services personnel, and media specialists. For
298	purposes of this paragraph, "education support employee" means
299	any person employed by a school who is not defined as
300	instructional or administrative personnel pursuant to s. 1012.01
301	and whose duties require 20 or more hours in each normal working
302	week.
303	(c)  For those schools operating for the purpose of
304	providing educational services to youth in Department of
305	Juvenile Justice programs, district school boards may establish
306	a district advisory council with appropriate representatives for
307	the purpose of developing and monitoring a district school
308	improvement plan that encompasses all such schools in the
309	district, pursuant to s. 1001.42(18)(a) s. 1001.42(16)(a).
310	(2)  DUTIES.--Each advisory council shall perform such
311	functions as are prescribed by regulations of the district
312	school board; however, no advisory council shall have any of the
313	powers and duties now reserved by law to the district school
314	board. Each school advisory council shall assist in the
315	preparation and evaluation of the school improvement plan
316	required pursuant to s. 1001.42(18) s. 1001.42(16). With
317	technical assistance from the Department of Education, each
318	school advisory council shall assist in the preparation of the
319	school's annual budget and plan as required by s. 1008.385(1). A
320	portion of funds provided in the annual General Appropriations
321	Act for use by school advisory councils must be used for
322	implementing the school improvement plan.
323	Section 11.  Subsection (12) of section 1001.51, Florida
324	Statutes, is amended to read:
325	1001.51  Duties and responsibilities of district school
326	superintendent.--The district school superintendent shall
327	exercise all powers and perform all duties listed below and
328	elsewhere in the law, provided that, in so doing, he or she
329	shall advise and counsel with the district school board. The
330	district school superintendent shall perform all tasks necessary
331	to make sound recommendations, nominations, proposals, and
332	reports required by law to be acted upon by the district school
333	board. All such recommendations, nominations, proposals, and
334	reports by the district school superintendent shall be either
335	recorded in the minutes or shall be made in writing, noted in
336	the minutes, and filed in the public records of the district
337	school board. It shall be presumed that, in the absence of the
338	record required in this section, the recommendations,
339	nominations, and proposals required of the district school
340	superintendent were not contrary to the action taken by the
341	district school board in such matters.
342	(12)  RECORDS AND REPORTS.--Recommend such records as
343	should be kept in addition to those prescribed by rules of the
344	State Board of Education; prepare forms for keeping such records
345	as are approved by the district school board; ensure that such
346	records are properly kept; and make all reports that are needed
347	or required, as follows:
348	(a)  Forms, blanks, and reports.--Require that all
349	employees accurately keep all records and promptly make in
350	proper form all reports required by the education code or by
351	rules of the State Board of Education; recommend the keeping of
352	such additional records and the making of such additional
353	reports as may be deemed necessary to provide data essential for
354	the operation of the school system; and prepare such forms and
355	blanks as may be required and ensure that these records and
356	reports are properly prepared.
357	(b)  Reports to the department.--Prepare, for the approval
358	of the district school board, all reports that may be required
359	by law or rules of the State Board of Education to be made to
360	the department and transmit promptly all such reports, when
361	approved, to the department, as required by law. If any such
362	reports are not transmitted at the time and in the manner
363	prescribed by law or by State Board of Education rules, the
364	salary of the district school superintendent must be withheld
365	until the report has been properly submitted. Unless otherwise
366	provided by rules of the State Board of Education, the annual
367	report on attendance and personnel is due on or before July 1,
368	and the annual school budget and the report on finance are due
369	on the date prescribed by the commissioner.
370
371	Any district school superintendent who knowingly signs and
372	transmits to any state official a false or incorrect report that
373	the superintendent knows to be false or incorrect; who knowingly
374	fails to investigate any allegation of misconduct by
375	instructional personnel or school administrators, as defined in
376	s. 1012.01, which affects the health, safety, or welfare of a
377	student; or who knowingly fails to report the alleged misconduct
378	to the department as required in s. 1012.796, forfeits shall
379	forfeit his or her right to any salary for the period of 1 year
380	following the from that date of such act or failure to act.
381	Section 12.  Subsection (2) of section 1001.54, Florida
382	Statutes, is amended to read:
383	1001.54  Duties of school principals.--
384	(2)  Each school principal shall provide instructional
385	leadership in the development, revision, and implementation of a
386	school improvement plan pursuant to s. 1001.42(18) s.
387	1001.42(16).
388	Section 13.  Paragraph (b) of subsection (11) of section
389	1002.32, Florida Statutes, is amended to read:
390	1002.32  Developmental research (laboratory) schools.--
391	(11)  EXCEPTIONS TO LAW.--To encourage innovative practices
392	and facilitate the mission of the lab schools, in addition to
393	the exceptions to law specified in s. 1001.23(2), the following
394	exceptions shall be permitted for lab schools:
395	(b)  With the exception of s. 1001.42(18) s. 1001.42(16),
396	s. 1001.42 shall be held in abeyance. Reference to district
397	school boards in s. 1001.42(18) s. 1001.42(16) shall mean the
398	president of the university or the president's designee.
399	Section 14.  Paragraph (g) of subsection (12) of section
400	1002.33, Florida Statutes, is amended to read:
401	1002.33  Charter schools.--
402	(12)  EMPLOYEES OF CHARTER SCHOOLS.--
403	(g)1.  A charter school shall employ or contract with
404	employees who have undergone background screening as provided in
405	s. 1012.32. Members of the governing board of the charter school
406	shall also undergo background screening in a manner similar to
407	that provided in s. 1012.32.
408	2.  A charter school shall disqualify instructional
409	personnel and school administrators, as defined in s. 1012.01,
410	from employment in any position that requires direct contact
411	with students if the personnel or administrators are ineligible
412	for such employment under s. 1012.315.
413	3.  The governing board of a charter school shall adopt
414	policies establishing standards of ethical conduct for
415	instructional personnel and school administrators. The policies
416	must require all instructional personnel and school
417	administrators, as defined in s. 1012.01, to complete training
418	on the standards; establish the duty of instructional personnel
419	and school administrators to report, and procedures for
420	reporting, alleged misconduct by other instructional personnel
421	and school administrators which affects the health, safety, or
422	welfare of a student; and include an explanation of the
423	liability protections provided under ss. 39.203 and 768.095. A
424	charter school, or any of its employees, may not enter into a
425	confidentiality agreement regarding terminated or dismissed
426	instructional personnel or school administrators, or personnel
427	or administrators who resign in lieu of termination, based in
428	whole or in part on misconduct that affects the health, safety,
429	or welfare of a student, and may not provide instructional
430	personnel or school administrators with employment references or
431	discuss the personnel's or administrators' performance with
432	prospective employers in another educational setting, without
433	disclosing the personnel's or administrators' misconduct. Any
434	part of an agreement or contract that has the purpose or effect
435	of concealing misconduct by instructional personnel or school
436	administrators which affects the health, safety, or welfare of a
437	student is void, is contrary to public policy, and may not be
438	enforced.
439	4.  Before employing instructional personnel or school
440	administrators in any position that requires direct contact with
441	students, a charter school shall conduct employment history
442	checks of each of the personnel's or administrators' previous
443	employer, screen the instructional personnel or school
444	administrators through use of the educator screening tools
445	described in s. 1001.10(5), and document the findings. If unable
446	to contact a previous employer, the charter school must document
447	efforts to contact the employer.
448	5.  The sponsor of a charter school that knowingly fails to
449	comply with this paragraph shall terminate the charter under
450	subsection (8).
451	Section 15.  Paragraph (g) is added to subsection (7) of
452	section 1002.36, Florida Statutes, to read:
453	1002.36  Florida School for the Deaf and the Blind.--
454	(7)  PERSONNEL SCREENING.--
455	(g)  For purposes of protecting the health, safety, or
456	welfare of students, the Florida School for the Deaf and the
457	Blind is considered a school district and must, except as
458	otherwise provided in this section, comply with ss. 1001.03,
459	1001.42, 1001.51, 1006.061, 1012.27, 1012.315, 1012.32, 1012.33,
460	1012.56, 1012.795, and 1012.796.
461	Section 16.  Subsections (4), (5), and (6) of section
462	1002.421, Florida Statutes, are renumbered as subsections (5),
463	(6), and (7), respectively, and a new subsection (4) is added to
464	that section to read:
465	1002.421  Accountability of private schools participating
466	in state school choice scholarship programs.--
467	(4)  A private school that accepts scholarship students
468	under s. 220.187 or s. 1002.39 must:
469	(a)  Disqualify instructional personnel and school
470	administrators, as defined in s. 1012.01, from employment in any
471	position that requires direct contact with students if the
472	personnel or administrators are ineligible for such employment
473	under s. 1012.315.
474	(b)  Adopt policies establishing standards of ethical
475	conduct for instructional personnel and school administrators.
476	The policies must require all instructional personnel and school
477	administrators, as defined in s. 1012.01, to complete training
478	on the standards; establish the duty of instructional personnel
479	and school administrators to report, and procedures for
480	reporting, alleged misconduct by other instructional personnel
481	and school administrators which affects the health, safety, or
482	welfare of a student; and include an explanation of the
483	liability protections provided under ss. 39.203 and 768.095. A
484	private school, or any of its employees, may not enter into a
485	confidentiality agreement regarding terminated or dismissed
486	instructional personnel or school administrators, or personnel
487	or administrators who resign in lieu of termination, based in
488	whole or in part on misconduct that affects the health, safety,
489	or welfare of a student, and may not provide the instructional
490	personnel or school administrators with employment references or
491	discuss the personnel's or administrators' performance with
492	prospective employers in another educational setting, without
493	disclosing the personnel's or administrators' misconduct. Any
494	part of an agreement or contract that has the purpose or effect
495	of concealing misconduct by instructional personnel or school
496	administrators which affects the health, safety, or welfare of a
497	student is void, is contrary to public policy, and may not be
498	enforced.
499	(c)  Before employing instructional personnel or school
500	administrators in any position that requires direct contact with
501	students, conduct employment history checks of each of the
502	personnel's or administrators' previous employer, screen the
503	personnel or administrators through use of the educator
504	screening tools described in s. 1001.10(5), and document the
505	findings. If unable to contact a previous employer, the private
506	school must document efforts to contact the employer.
507
508	The department shall suspend the payment of funds under ss.
509	220.187 and 1002.39 to a private school that knowingly fails to
510	comply with this subsection, and shall prohibit the school from
511	enrolling new scholarship students, for 1 fiscal year and until
512	the school complies.
513	Section 17.  Subsection (2) of section 1003.413, Florida
514	Statutes, is amended to read:
515	1003.413  Florida Secondary School Redesign Act.--
516	(2)  The following guiding principles for secondary school
517	redesign shall be used in the annual preparation of each
518	secondary school's improvement plan required by s. 1001.42(18)
519	s. 1001.42(16):
520	(a)  Struggling students, especially those in failing
521	schools, need the highest quality teachers and dramatically
522	different, innovative approaches to teaching and learning.
523	(b)  Every teacher must contribute to every student's
524	reading improvement.
525	(c)  Quality professional development provides teachers and
526	principals with the tools they need to better serve students.
527	(d)  Small learning communities allow teachers to
528	personalize instruction to better address student learning
529	styles, strengths, and weaknesses.
530	(e)  Intensive intervention in reading and mathematics must
531	occur early and through innovative delivery systems.
532	(f)  Parents need access to tools they can use to monitor
533	their child's progress in school, communicate with teachers, and
534	act early on behalf of their child.
535	(g)  Applied and integrated courses help students see the
536	relationships between subjects and relevance to their futures.
537	(h)  School is more relevant when students choose courses
538	based on their goals, interests, and talents.
539	(i)  Master schedules should not determine instruction and
540	must be designed based on student needs, not adult or
541	institutional needs.
542	(j)  Academic and career planning engages students in
543	developing a personally meaningful course of study so they can
544	achieve goals they have set for themselves.
545	Section 18.  Paragraph (b) of subsection (2) of section
546	1003.53, Florida Statutes, is amended to read:
547	1003.53  Dropout prevention and academic intervention.--
548	(2)
549	(b)  Each school that establishes a dropout prevention and
550	academic intervention program at that school site shall reflect
551	that program in the school improvement plan as required under s.
552	1001.42(18) s. 1001.42(16).
553	Section 19.  Subsections (1) and (3) of section 1004.92,
554	Florida Statutes, are amended to read:
555	1004.92  Purpose and responsibilities for career
556	education.--
557	(1)  The purpose of career education is to enable students
558	who complete career programs to attain and sustain employment
559	and realize economic self-sufficiency. The purpose of this
560	section is to identify issues related to career education for
561	which school boards and community college boards of trustees are
562	accountable. It is the intent of the Legislature that the
563	standards articulated in subsection (2) be considered in the
564	development of accountability standards for public schools
565	pursuant to ss. 1000.03, 1001.42(18) 1001.42(16), and 1008.345
566	and for community colleges pursuant to s. 1008.45.
567	(3)  Each career center operated by a district school board
568	shall establish a center advisory council pursuant to s.
569	1001.452. The center advisory council shall assist in the
570	preparation and evaluation of center improvement plans required
571	pursuant to s. 1001.42(18) s. 1001.42(16) and may provide
572	assistance, upon the request of the center director, in the
573	preparation of the center's annual budget and plan as required
574	by s. 1008.385(1).
575	Section 20.  Section 1006.061, Florida Statutes, is amended
576	to read:
577	1006.061  Child abuse, abandonment, and neglect
578	policy.--Each district school board, charter school, and private
579	school that accepts scholarship students under s. 220.187 or s.
580	1002.39 shall:
581	(1)  Post in a prominent place in each school a notice
582	that, pursuant to chapter 39, all employees and agents of the
583	district school board, charter school, or private school have an
584	affirmative duty to report all actual or suspected cases of
585	child abuse, abandonment, or neglect; have immunity from
586	liability if they report such cases in good faith; and have a
587	duty to comply with child protective investigations and all
588	other provisions of law relating to child abuse, abandonment,
589	and neglect. The notice shall also include the statewide toll-
590	free telephone number of the central abuse hotline.
591	(2)  Post in a prominent place at each school site and on
592	each school's Internet website, if available, the policies and
593	procedures for reporting alleged misconduct by instructional
594	personnel or school administrators which affects the health,
595	safety, or welfare of a student; the contact person to whom the
596	report is made; and the penalties imposed on instructional
597	personnel or school administrators who fail to report suspected
598	or actual child abuse or alleged misconduct by other
599	instructional personnel or school administrators.
600	(3)(2)  Require the principal of the charter school or
601	private school, or the district school superintendent, or the
602	superintendent's designee, at the request of the Department of
603	Children and Family Services, to act as a liaison to the
604	Department of Children and Family Services and the child
605	protection team, as defined in s. 39.01, when in a case of
606	suspected child abuse, abandonment, or neglect or an unlawful
607	sexual offense involving a child the case is referred to such a
608	team; except that this does not relieve or restrict the
609	Department of Children and Family Services from discharging its
610	duty and responsibility under the law to investigate and report
611	every suspected or actual case of child abuse, abandonment, or
612	neglect or unlawful sexual offense involving a child.
613
614	The Department of Education shall develop, and publish on the
615	department's Internet website, sample notices suitable for
616	posting in accordance with subsections (1) and (2).
617	Section 21.  Subsection (4) of section 1008.33, Florida
618	Statutes, is amended to read:
619	1008.33  Authority to enforce public school
620	improvement.--It is the intent of the Legislature that all
621	public schools be held accountable for students performing at
622	acceptable levels. A system of school improvement and
623	accountability that assesses student performance by school,
624	identifies schools in which students are not making adequate
625	progress toward state standards, institutes appropriate measures
626	for enforcing improvement, and provides rewards and sanctions
627	based on performance shall be the responsibility of the State
628	Board of Education.
629	(4)  The State Board of Education may require the
630	Department of Education or Chief Financial Officer to withhold
631	any transfer of state funds to the school district if, within
632	the timeframe specified in state board action, the school
633	district has failed to comply with the action ordered to improve
634	the district's low-performing schools. Withholding the transfer
635	of funds shall occur only after all other recommended actions
636	for school improvement have failed to improve performance. The
637	State Board of Education may impose the same penalty on any
638	district school board that fails to develop and implement a plan
639	for assistance and intervention for low-performing schools as
640	specified in s. 1001.42(18)(c) s. 1001.42(16)(c).
641	Section 22.  Paragraph (c) of subsection (6) of section
642	1008.345, Florida Statutes, is amended to read:
643	1008.345  Implementation of state system of school
644	improvement and education accountability.--
645	(6)
646	(c)  Pursuant to s. 24.121(5)(d), the department shall not
647	release funds from the Educational Enhancement Trust Fund to any
648	district in which a school, including schools operating for the
649	purpose of providing educational services to youth in Department
650	of Juvenile Justice programs, does not have an approved school
651	improvement plan, pursuant to s. 1001.42(18) s. 1001.42(16),
652	after 1 full school year of planning and development, or does
653	not comply with school advisory council membership composition
654	requirements pursuant to s. 1001.452. The department shall send
655	a technical assistance team to each school without an approved
656	plan to develop such school improvement plan or to each school
657	without appropriate school advisory council membership
658	composition to develop a strategy for corrective action. The
659	department shall release the funds upon approval of the plan or
660	upon establishment of a plan of corrective action. Notice shall
661	be given to the public of the department's intervention and
662	shall identify each school without a plan or without appropriate
663	school advisory council membership composition.
664	Section 23.  Subsection (5) of section 1010.215, Florida
665	Statutes, is amended to read:
666	1010.215  Educational funding accountability.--
667	(5)  The annual school public accountability report
668	required by ss. 1001.42(18) 1001.42(16) and 1008.345 must
669	include a school financial report. The purpose of the school
670	financial report is to better inform parents and the public
671	concerning how funds were spent to operate the school during the
672	prior fiscal year. Each school's financial report must follow a
673	uniform, districtwide format that is easy to read and
674	understand.
675	(a)  Total revenue must be reported at the school,
676	district, and state levels. The revenue sources that must be
677	addressed are state and local funds, other than lottery funds;
678	lottery funds; federal funds; and private donations.
679	(b)  Expenditures must be reported as the total
680	expenditures per unweighted full-time equivalent student at the
681	school level and the average expenditures per full-time
682	equivalent student at the district and state levels in each of
683	the following categories and subcategories:
684	1.  Teachers, excluding substitute teachers, and education
685	paraprofessionals who provide direct classroom instruction to
686	students enrolled in programs classified by s. 1011.62 as:
687	a.  Basic programs;
688	b.  Students-at-risk programs;
689	c.  Special programs for exceptional students;
690	d.  Career education programs; and
691	e.  Adult programs.
692	2.  Substitute teachers.
693	3.  Other instructional personnel, including school-based
694	instructional specialists and their assistants.
695	4.  Contracted instructional services, including training
696	for instructional staff and other contracted instructional
697	services.
698	5.  School administration, including school-based
699	administrative personnel and school-based education support
700	personnel.
701	6.  The following materials, supplies, and operating
702	capital outlay:
703	a.  Textbooks;
704	b.  Computer hardware and software;
705	c.  Other instructional materials;
706	d.  Other materials and supplies; and
707	e.  Library media materials.
708	7.  Food services.
709	8.  Other support services.
710	9.  Operation and maintenance of the school plant.
711	(c)  The school financial report must also identify the
712	types of district-level expenditures that support the school's
713	operations. The total amount of these district-level
714	expenditures must be reported and expressed as total
715	expenditures per full-time equivalent student.
716	Section 24.  Paragraph (b) of subsection (6) of section
717	1011.18, Florida Statutes, is amended to read:
718	1011.18  School depositories; payments into and withdrawals
719	from depositories.--
720	(6)  EXEMPTION FOR SELF-INSURANCE PROGRAMS AND THIRD-PARTY
721	ADMINISTERED EMPLOYEES' FRINGE BENEFIT PROGRAMS.--
722	(b)  The district school board may contract with an
723	insurance company or professional administrator who holds a
724	valid certificate of authority issued by the Office of Insurance
725	Regulation of the Financial Services Commission to provide any
726	or all services that a third-party administrator is authorized
727	by law to perform. Pursuant to such contract, the district
728	school board may advance or remit money to the administrator to
729	be deposited in a designated special checking account for paying
730	claims against the district school board under its self-
731	insurance programs, and remitting premiums to the providers of
732	insured benefits on behalf of the district school board and the
733	participants in such programs, and otherwise fulfilling the
734	obligations imposed upon the administrator by law and the
735	contractual agreements between the district school board and the
736	administrator. The special checking account shall be maintained
737	in a designated district school depository. The district school
738	board may replenish such account as often as necessary upon the
739	presentation by the service organization of documentation for
740	claims or premiums due paid equal to the amount of the requested
741	reimbursement. Such replenishment shall be made by a warrant
742	signed by the chair of the district school board and
743	countersigned by the district school superintendent. Such
744	replenishment may be made by electronic, telephonic, or other
745	medium, and each transfer shall be confirmed in writing and
746	signed by the district school superintendent or his or her
747	designee. The provisions of strict accountability of all funds
748	and an annual audit by an independent certified public
749	accountant as provided in s. 1001.42(12)(k) s. 1001.42(10)(k)
750	shall apply to this subsection.
751	Section 25.  Subsection (6) of section 1012.27, Florida
752	Statutes, is renumbered as subsection (7), and a new subsection
753	(6) is added to that section to read:
754	1012.27  Public school personnel; powers and duties of
755	district school superintendent.--The district school
756	superintendent is responsible for directing the work of the
757	personnel, subject to the requirements of this chapter, and in
758	addition the district school superintendent shall perform the
759	following:
760	(6)  EMPLOYMENT HISTORY CHECKS.--Before employing
761	instructional personnel and school administrators, as defined in
762	s. 1012.01, in any position that requires direct contact with
763	students, conduct employment history checks of each of the
764	personnel's or administrators' previous employer, screen the
765	personnel or administrators through use of the educator
766	screening tools described in s. 1001.10(5), and document the
767	findings. If unable to contact a previous employer, the district
768	school superintendent shall document efforts to contact the
769	employer.
770	Section 26.  Section 1012.315, Florida Statutes, is created
771	to read:
772	1012.315  Disqualification from employment.--A person is
773	ineligible for educator certification, and instructional
774	personnel and school administrators, as defined in s. 1012.01,
775	are ineligible for employment in any position that requires
776	direct contact with students in a district school system,
777	charter school, or private school that accepts scholarship
778	students under s. 220.187 or s. 1002.39, if the person,
779	instructional personnel, or school administrator has been
780	convicted of:
781	(1)  Any felony offense prohibited under any of the
782	following statutes:
783	(a)  Section 393.135, relating to sexual misconduct with
784	certain developmentally disabled clients and reporting of such
785	sexual misconduct.
786	(b)  Section 394.4593, relating to sexual misconduct with
787	certain mental health patients and reporting of such sexual
788	misconduct.
789	(c)  Section 415.111, relating to adult abuse, neglect, or
790	exploitation of aged persons or disabled adults.
791	(d)  Section 782.04, relating to murder.
792	(e)  Section 782.07, relating to manslaughter, aggravated
793	manslaughter of an elderly person or disabled adult, aggravated
794	manslaughter of a child, or aggravated manslaughter of an
795	officer, a firefighter, an emergency medical technician, or a
796	paramedic.
797	(f)  Section 782.09, relating to killing of an unborn quick
798	child by injury to the mother.
799	(g)  Section 784.021, relating to aggravated assault.
800	(h)  Section 784.045, relating to aggravated battery.
801	(i)  Section 784.075, relating to battery on a detention or
802	commitment facility staff member or a juvenile probation
803	officer.
804	(j)  Section 787.01, relating to kidnapping.
805	(k)  Section 787.02, relating to false imprisonment.
806	(l)  Section 787.025, relating to luring or enticing a
807	child.
808	(m)  Section 787.04(2), relating to leading, taking,
809	enticing, or removing a minor beyond the state limits, or
810	concealing the location of a minor, with criminal intent pending
811	custody proceedings.
812	(n)  Section 787.04(3), relating to leading, taking,
813	enticing, or removing a minor beyond the state limits, or
814	concealing the location of a minor, with criminal intent pending
815	dependency proceedings or proceedings concerning alleged abuse
816	or neglect of a minor.
817	(o)  Section 790.115(1), relating to exhibiting firearms or
818	weapons at a school-sponsored event, on school property, or
819	within 1,000 feet of a school.
820	(p)  Section 790.115(2)(b), relating to possessing an
821	electric weapon or device, destructive device, or other weapon
822	at a school-sponsored event or on school property.
823	(q)  Section 794.011, relating to sexual battery.
824	(r)  Former s. 794.041, relating to sexual activity with or
825	solicitation of a child by a person in familial or custodial
826	authority.
827	(s)  Section 794.05, relating to unlawful sexual activity
828	with certain minors.
829	(t)  Section 794.08, relating to female genital mutilation.
830	(u)  Chapter 796, relating to prostitution.
831	(v)  Chapter 800, relating to lewdness and indecent
832	exposure.
833	(w)  Section 806.01, relating to arson.
834	(x)  Section 810.14, relating to voyeurism.
835	(y)  Section 810.145, relating to video voyeurism.
836	(z)  Section 812.014(6), relating to coordinating the
837	commission of theft in excess of $3,000.
838	(aa)  Section 812.0145, relating to theft from persons 65
839	years of age or older.
840	(bb)  Section 812.019, relating to dealing in stolen
841	property.
842	(cc)  Section 812.13, relating to robbery.
843	(dd)  Section 812.131, relating to robbery by sudden
844	snatching.
845	(ee)  Section 812.133, relating to carjacking.
846	(ff)  Section 812.135, relating to home-invasion robbery.
847	(gg)  Section 817.563, relating to fraudulent sale of
848	controlled substances.
849	(hh)  Section 825.102, relating to abuse, aggravated abuse,
850	or neglect of an elderly person or disabled adult.
851	(ii)  Section 825.103, relating to exploitation of an
852	elderly person or disabled adult.
853	(jj)  Section 825.1025, relating to lewd or lascivious
854	offenses committed upon or in the presence of an elderly person
855	or disabled person.
856	(kk)  Section 826.04, relating to incest.
857	(ll)  Section 827.03, relating to child abuse, aggravated
858	child abuse, or neglect of a child.
859	(mm)  Section 827.04, relating to contributing to the
860	delinquency or dependency of a child.
861	(nn)  Section 827.071, relating to sexual performance by a
862	child.
863	(oo)  Section 843.01, relating to resisting arrest with
864	violence.
865	(pp)  Chapter 847, relating to obscenity.
866	(qq)  Section 874.05, relating to causing, encouraging,
867	soliciting, or recruiting another to join a criminal street
868	gang.
869	(rr)  Chapter 893, relating to drug abuse prevention and
870	control, if the offense was a felony of the second degree or
871	greater severity.
872	(ss)  Section 916.1075, relating to sexual misconduct with
873	certain forensic clients and reporting of such sexual
874	misconduct.
875	(tt)  Section 944.47, relating to introduction, removal, or
876	possession of contraband at a correctional facility.
877	(uu)  Section 985.701, relating to sexual misconduct in
878	juvenile justice programs.
879	(vv)  Section 985.711, relating to introduction, removal,
880	or possession of contraband at a juvenile detention facility or
881	commitment program.
882	(2)  Any misdemeanor offense prohibited under any of the
883	following statutes:
884	(a)  Section 784.03, relating to battery, if the victim of
885	the offense was a minor.
886	(b)  Section 787.025, relating to luring or enticing a
887	child.
888	(3)  Any criminal act committed in another state or under
889	federal law which, if committed in this state, constitutes an
890	offense prohibited under any statute listed in subsection (1) or
891	subsection (2).
892	(4)  Any delinquent act committed in this state or any
893	delinquent or criminal act committed in another state or under
894	federal law which, if committed in this state, qualifies an
895	individual for inclusion on the Registered Juvenile Sex Offender
896	List under s. 943.0435(1)(a)1.d.
897	Section 27.  Subsections (1) and (2) and paragraph (c) of
898	subsection (3) of section 1012.32, Florida Statutes, are amended
899	to read:
900	1012.32  Qualifications of personnel.--
901	(1)  To be eligible for appointment in any position in any
902	district school system, a person must shall be of good moral
903	character; must shall have attained the age of 18 years, if he
904	or she is to be employed in an instructional capacity; must not
905	be ineligible for such employment under s. 1012.315; and must
906	shall, when required by law, hold a certificate or license
907	issued under rules of the State Board of Education or the
908	Department of Children and Family Services, except when employed
909	pursuant to s. 1012.55 or under the emergency provisions of s.
910	1012.24. Previous residence in this state shall not be required
911	in any school of the state as a prerequisite for any person
912	holding a valid Florida certificate or license to serve in an
913	instructional capacity.
914	(2)(a)  Instructional and noninstructional personnel who
915	are hired or contracted to fill positions that require requiring
916	direct contact with students in any district school system or
917	university lab school must shall, upon employment or engagement
918	to provide services, undergo background screening as required
919	under s. 1012.465 or s. 1012.56, whichever is applicable.
920	(b)  Instructional and noninstructional personnel who are
921	hired or contracted to fill positions in any charter school and
922	members of the governing board of any charter school, in
923	compliance with s. 1002.33(12)(g), must shall, upon employment,
924	engagement of services, or appointment, undergo background
925	screening as required under s. 1012.465 or s. 1012.56, whichever
926	is applicable, by filing with the district school board for the
927	school district in which the charter school is located a
928	complete set of fingerprints taken by an authorized law
929	enforcement agency or an employee of the school or school
930	district who is trained to take fingerprints.
931	(c)  Instructional and noninstructional personnel who are
932	hired or contracted to fill positions that require requiring
933	direct contact with students in an alternative school that
934	operates under contract with a district school system must
935	shall, upon employment or engagement to provide services,
936	undergo background screening as required under s. 1012.465 or s.
937	1012.56, whichever is applicable, by filing with the district
938	school board for the school district to which the alternative
939	school is under contract a complete set of fingerprints taken by
940	an authorized law enforcement agency or an employee of the
941	school or school district who is trained to take fingerprints.
942	(d)  Student teachers, persons participating in a field
943	experience pursuant to s. 1004.04(6) or s. 1004.85, and persons
944	participating in a short-term experience as a teacher assistant
945	pursuant to s. 1004.04(10) in any district school system, lab
946	school, or charter school must shall, upon engagement to provide
947	services, undergo background screening as required under s.
948	1012.56.
949
950	Fingerprints shall be submitted to the Department of Law
951	Enforcement for statewide criminal and juvenile records checks
952	state processing and to the Federal Bureau of Investigation for
953	federal criminal records checks processing. A person Persons
954	subject to this subsection who is found ineligible for
955	employment under s. 1012.315, or otherwise found through
956	background screening fingerprint processing to have been
957	convicted of any a crime involving moral turpitude as defined by
958	rule of the State Board of Education, shall not be employed,
959	engaged to provide services, or serve in any position that
960	requires requiring direct contact with students. Probationary
961	persons subject to this subsection terminated because of their
962	criminal record have the right to appeal such decisions. The
963	cost of the background screening may be borne by the district
964	school board, the charter school, the employee, the contractor,
965	or a person subject to this subsection.
966	(3)
967	(c)  Personnel whose fingerprints are not retained by the
968	Department of Law Enforcement under paragraphs (a) and (b) must
969	are required to be refingerprinted and rescreened in accordance
970	with subsection (2) must meet level 2 screening requirements as
971	described in this section upon reemployment or reengagement to
972	provide services in order to comply with the requirements of
973	this subsection.
974	Section 28.  Paragraph (a) of subsection (1), paragraph (c)
975	of subsection (4), and paragraph (b) of subsection (6) of
976	section 1012.33, Florida Statutes, are amended to read:
977	1012.33  Contracts with instructional staff, supervisors,
978	and school principals.--
979	(1)(a)  Each person employed as a member of the
980	instructional staff in any district school system shall be
981	properly certified pursuant to s. 1012.56 or s. 1012.57 or
982	employed pursuant to s. 1012.39 and shall be entitled to and
983	shall receive a written contract as specified in this section.
984	All such contracts, except continuing contracts as specified in
985	subsection (4), shall contain provisions for dismissal during
986	the term of the contract only for just cause. Just cause
987	includes, but is not limited to, the following instances, as
988	defined by rule of the State Board of Education: immorality,
989	misconduct in office, incompetency, gross insubordination,
990	willful neglect of duty, or being convicted or found guilty of,
991	or entering a plea of guilty to, regardless of adjudication of
992	guilt, any or conviction of a crime involving moral turpitude.
993	(4)
994	(c)  Any member of the district administrative or
995	supervisory staff and any member of the instructional staff,
996	including any school principal, who is under continuing contract
997	may be suspended or dismissed at any time during the school
998	year; however, the charges against him or her must be based on
999	immorality, misconduct in office, incompetency, gross
1000	insubordination, willful neglect of duty, drunkenness, or being
1001	convicted or found guilty of, or entering a plea of guilty to,
1002	regardless of adjudication of guilt, any conviction of a crime
1003	involving moral turpitude, as these terms are defined by rule of
1004	the State Board of Education. Whenever such charges are made
1005	against an any such employee of the district school board, the
1006	district school board may suspend such person without pay; but,
1007	if the charges are not sustained, he or she shall be immediately
1008	reinstated, and his or her back salary shall be paid. In cases
1009	of suspension by the district school board or by the district
1010	school superintendent, the district school board shall determine
1011	upon the evidence submitted whether the charges have been
1012	sustained and, if the charges are sustained, shall determine
1013	either to dismiss the employee or fix the terms under which he
1014	or she may be reinstated. If such charges are sustained by a
1015	majority vote of the full membership of the district school
1016	board and the such employee is discharged, his or her contract
1017	of employment shall be thereby canceled. Any such decision
1018	adverse to the employee may be appealed by the employee pursuant
1019	to s. 120.68, provided the such appeal is filed within 30 days
1020	after the decision of the district school board.
1021	(6)
1022	(b)  Any member of the district administrative or
1023	supervisory staff, including any principal but excluding an
1024	employee specified in subsection (4), may be suspended or
1025	dismissed at any time during the term of the contract; however,
1026	the charges against him or her must be based on immorality,
1027	misconduct in office, incompetency, gross insubordination,
1028	willful neglect of duty, drunkenness, or being convicted or
1029	found guilty of, or entering a plea of guilty, regardless of
1030	adjudication of guilt, conviction of any crime involving moral
1031	turpitude, as these terms are defined by rule of the State Board
1032	of Education. Whenever such charges are made against an any such
1033	employee of the district school board, the district school board
1034	may suspend the employee without pay; but, if the charges are
1035	not sustained, he or she shall be immediately reinstated, and
1036	his or her back salary shall be paid. In cases of suspension by
1037	the district school board or by the district school
1038	superintendent, the district school board shall determine upon
1039	the evidence submitted whether the charges have been sustained
1040	and, if the charges are sustained, shall determine either to
1041	dismiss the employee or fix the terms under which he or she may
1042	be reinstated. If such charges are sustained by a majority vote
1043	of the full membership of the district school board and the such
1044	employee is discharged, his or her contract of employment shall
1045	be thereby canceled. Any such decision adverse to the employee
1046	may be appealed by him or her pursuant to s. 120.68, provided
1047	such appeal is filed within 30 days after the decision of the
1048	district school board.
1049	Section 29.  Subsection (4) of section 1012.34, Florida
1050	Statutes, is amended to read:
1051	1012.34  Assessment procedures and criteria.--
1052	(4)  The district school superintendent shall notify the
1053	department of any instructional personnel who receive two
1054	consecutive unsatisfactory evaluations and who have been given
1055	written notice by the district that their employment is being
1056	terminated or is not being renewed or that the district school
1057	board intends to terminate, or not renew, their employment. The
1058	department shall conduct an investigation to determine whether
1059	action shall be taken against the certificateholder pursuant to
1060	s. 1012.795(1)(c) s. 1012.795(1)(b).
1061	Section 30.  Subsections (9) and (14) of section 1012.56,
1062	Florida Statutes, are amended to read:
1063	1012.56  Educator certification requirements.--
1064	(9)  BACKGROUND SCREENING REQUIRED, INITIALLY AND
1065	PERIODICALLY.--
1066	(a)  Each person who seeks certification under this chapter
1067	must be fingerprinted and screened meet level 2 screening
1068	requirements as described in accordance with s. 1012.32 and must
1069	not be ineligible for such certification under s. 1012.315. A
1070	person who has been screened in accordance with s. 1012.32
1071	unless a level 2 screening has been conducted by a district
1072	school board or the Department of Education within 12 months
1073	before the date the person initially obtains certification under
1074	this chapter, the results of which are submitted to the district
1075	school board or to the Department of Education, is not required
1076	to repeat the screening under this paragraph.
1077	(b)  A person may not receive a certificate under this
1078	chapter until the person's level 2 screening under s. 1012.32 is
1079	has been completed and the results have been submitted to the
1080	Department of Education or to the district school superintendent
1081	of the school district that employs the person. Every 5 years
1082	after obtaining initial certification, each person who is
1083	required to be certified under this chapter must be rescreened
1084	meet level 2 screening requirements as described in accordance
1085	with s. 1012.32, at which time the school district shall request
1086	the Department of Law Enforcement to forward the fingerprints to
1087	the Federal Bureau of Investigation for federal criminal records
1088	checks the level 2 screening. If, for any reason after obtaining
1089	initial certification, the fingerprints of a person who is
1090	required to be certified under this chapter are not retained by
1091	the Department of Law Enforcement under s. 1012.32(3)(a) and
1092	(b), the person must file a complete set of fingerprints with
1093	the district school superintendent of the employing school
1094	district. Upon submission of fingerprints for this purpose, the
1095	school district shall request the Department of Law Enforcement
1096	to forward the fingerprints to the Federal Bureau of
1097	Investigation for federal criminal records checks the level 2
1098	screening, and the fingerprints shall be retained by the
1099	Department of Law Enforcement under s. 1012.32(3)(a) and (b).
1100	The cost of the state and federal criminal history checks check
1101	required by paragraph (a) and this paragraph level 2 screening
1102	may be borne by the district school board or the employee. Under
1103	penalty of perjury, each person who is certified under this
1104	chapter must agree to inform his or her employer within 48 hours
1105	if convicted of any disqualifying offense while he or she is
1106	employed in a position for which such certification is required.
1107	(c)  If it is found under s. 1012.796 that a person who is
1108	employed in a position requiring certification under this
1109	chapter has does not been screened in accordance with s.
1110	1012.32, or is ineligible for such certification under s.
1111	1012.315 meet the level 2 screening requirements, the person's
1112	certification shall be immediately revoked or suspended and he
1113	or she shall be immediately suspended from the position
1114	requiring certification.
1115	(14)  PERSONNEL RECORDS.--The Department of Education shall
1116	maintain an electronic database that includes, but need not be
1117	limited to, a complete statement of the academic preparation,
1118	professional training, and teaching experience of each person to
1119	whom a certificate is issued. The applicant or the district
1120	school superintendent shall furnish the information using a
1121	format or forms provided by the department.
1122	Section 31.  Subsection (1) and paragraph (a) of subsection
1123	(8) of section 1012.79, Florida Statutes, are amended to read:
1124	1012.79  Education Practices Commission; organization.--
1125	(1)  The Education Practices Commission consists of 25 17
1126	members, including 8 7 teachers;, 5 administrators, at least one
1127	of whom shall represent a private school; 7 and 5 lay citizens,
1128	5 (of whom shall be parents of public school students and who
1129	are unrelated to public school employees and 2 of whom shall be
1130	former district school board members;), and 5 sworn law
1131	enforcement officials, appointed by the State Board of Education
1132	from nominations by the Commissioner of Education and subject to
1133	Senate confirmation. Prior to making nominations, the
1134	commissioner shall consult with the teaching associations,
1135	parent organizations, law enforcement agencies, and other
1136	involved associations in the state. In making nominations, the
1137	commissioner shall attempt to achieve equal geographical
1138	representation, as closely as possible.
1139	(a)  A teacher member, in order to be qualified for
1140	appointment:
1141	1.  Must be certified to teach in the state.
1142	2.  Must be a resident of the state.
1143	3.  Must have practiced the profession in this state for at
1144	least 5 years immediately preceding the appointment.
1145	(b)  A school administrator member, in order to be
1146	qualified for appointment:
1147	1.  Must have an endorsement on the educator certificate in
1148	the area of school administration or supervision.
1149	2.  Must be a resident of the state.
1150	3.  Must have practiced the profession as an administrator
1151	for at least 5 years immediately preceding the appointment.
1152	(c)  The lay members must be residents of the state.
1153	(d)  The law enforcement official members must have served
1154	in the profession for at least 5 years immediately preceding
1155	appointment and have background expertise in child safety.
1156	(8)(a)  The commission shall, from time to time, designate
1157	members of the commission to serve on panels for the purpose of
1158	reviewing and issuing final orders upon cases presented to the
1159	commission. A case concerning a complaint against a teacher
1160	shall be reviewed and a final order thereon shall be entered by
1161	a panel composed of five commission members, at least one of
1162	whom must be a parent or a sworn law enforcement officer and at
1163	least three of whom must shall be teachers. A case concerning a
1164	complaint against an administrator shall be reviewed and a final
1165	order thereon shall be entered by a panel composed of five
1166	commission members, at least one of whom must be a parent or a
1167	sworn law enforcement officer and at least three of whom must
1168	shall be administrators.
1169	Section 32.  Subsection (1) of section 1012.795, Florida
1170	Statutes, is amended to read:
1171	1012.795  Education Practices Commission; authority to
1172	discipline.--
1173	(1)  The Education Practices Commission may suspend the
1174	educator certificate of any person as defined in s. 1012.01(2)
1175	or (3) for a period of time not to exceed 5 years, thereby
1176	denying that person the right to teach or otherwise be employed
1177	by a district school board or public school in any capacity
1178	requiring direct contact with students for that period of time,
1179	after which the holder may return to teaching as provided in
1180	subsection (4); may revoke the educator certificate of any
1181	person, thereby denying that person the right to teach or
1182	otherwise be employed by a district school board or public
1183	school in any capacity requiring direct contact with students
1184	for a period of time not to exceed 10 years, with reinstatement
1185	subject to the provisions of subsection (4); may revoke
1186	permanently the educator certificate of any person thereby
1187	denying that person the right to teach or otherwise be employed
1188	by a district school board or public school in any capacity
1189	requiring direct contact with students; may suspend the educator
1190	certificate, upon order of the court, of any person found to
1191	have a delinquent child support obligation; or may impose any
1192	other penalty provided by law, if provided it can be shown that
1193	the person:
1194	(a)  Obtained or attempted to obtain an educator
1195	certificate by fraudulent means.
1196	(b)  Knowingly failed to report actual or suspected child
1197	abuse as required in s. 1006.061 or report alleged misconduct by
1198	instructional personnel or school administrators which affects
1199	the health, safety, or welfare of a student as required in s.
1200	1012.796.
1201	(c)(b)  Has proved to be incompetent to teach or to perform
1202	duties as an employee of the public school system or to teach in
1203	or to operate a private school.
1204	(d)(c)  Has been guilty of gross immorality or an act
1205	involving moral turpitude as defined by rule of the State Board
1206	of Education.
1207	(e)(d)  Has had an educator certificate sanctioned by
1208	revocation, suspension, or surrender in another state.
1209	(f)(e)  Has been convicted or found guilty of, or entered a
1210	plea of guilty to, regardless of adjudication of guilt, a
1211	misdemeanor, felony, or any other criminal charge, other than a
1212	minor traffic violation.
1213	(g)(f)  Upon investigation, has been found guilty of
1214	personal conduct which seriously reduces that person's
1215	effectiveness as an employee of the district school board.
1216	(h)(g)  Has breached a contract, as provided in s.
1217	1012.33(2).
1218	(i)(h)  Has been the subject of a court order directing the
1219	Education Practices Commission to suspend the certificate as a
1220	result of a delinquent child support obligation.
1221	(j)(i)  Has violated the Principles of Professional Conduct
1222	for the Education Profession prescribed by State Board of
1223	Education rules.
1224	(k)(j)  Has otherwise violated the provisions of law, the
1225	penalty for which is the revocation of the educator certificate.
1226	(l)(k)  Has violated any order of the Education Practices
1227	Commission.
1228	(m)(l)  Has been the subject of a court order or plea
1229	agreement in any jurisdiction which requires the
1230	certificateholder to surrender or otherwise relinquish his or
1231	her educator's certificate. A surrender or relinquishment shall
1232	be for permanent revocation of the certificate. A person may not
1233	surrender or otherwise relinquish his or her certificate prior
1234	to a finding of probable cause by the commissioner as provided
1235	in s. 1012.796.
1236	(n)  Has been disqualified from educator certification
1237	under s. 1012.315.
1238	Section 33.  Subsections (1), (3), and (5) of section
1239	1012.796, Florida Statutes, are amended to read:
1240	1012.796  Complaints against teachers and administrators;
1241	procedure; penalties.--
1242	(1)(a)  The Department of Education shall cause to be
1243	investigated expeditiously any complaint filed before it or
1244	otherwise called to its attention which, if legally sufficient,
1245	contains grounds for the revocation or suspension of a
1246	certificate or any other appropriate penalty as set forth in
1247	subsection (7). The complaint is legally sufficient if it
1248	contains the ultimate facts which show a violation has occurred
1249	as provided in s. 1012.795 and defined by rule of the State
1250	Board of Education. The department shall may investigate or
1251	continue to investigate and take appropriate action on a
1252	complaint even though the original complainant withdraws the
1253	complaint or otherwise indicates a desire not to cause it to be
1254	investigated or prosecuted to completion. The department may
1255	investigate or continue to investigate and take action on a
1256	complaint filed against a person whose educator certificate has
1257	expired if the act or acts that which are the basis for the
1258	complaint were allegedly committed while that person possessed
1259	an educator certificate.
1260	(b)  The department shall immediately investigate any
1261	legally sufficient complaint that involves misconduct by any
1262	certificated personnel which affects the health, safety, or
1263	welfare of a student, giving the complaint priority over other
1264	pending complaints. The department must investigate or continue
1265	to investigate and take action on such a complaint filed against
1266	a person whose educator certificate has expired if the act or
1267	acts that are the basis for the complaint were allegedly
1268	committed while that person possessed an educator certificate.
1269	(c)(b)  When an investigation is undertaken, the department
1270	shall notify the certificateholder or applicant for
1271	certification and the district school superintendent or the
1272	university laboratory school, charter school, or private school
1273	in which the certificateholder or applicant for certification is
1274	employed or was employed at the time the alleged offense
1275	occurred. In addition, the department shall inform the
1276	certificateholder or applicant for certification of the
1277	substance of any complaint which has been filed against that
1278	certificateholder or applicant, unless the department determines
1279	that such notification would be detrimental to the
1280	investigation, in which case the department may withhold
1281	notification.
1282	(d)(c)  Each school district shall file in writing with the
1283	department all legally sufficient complaints within 30 days
1284	after the date on which subject matter of the complaint comes to
1285	the attention of the school district. A complaint is legally
1286	sufficient if it contains ultimate facts that show a violation
1287	has occurred as provided in s. 1012.795 and defined by rule of
1288	the State Board of Education. The school district shall include
1289	all information relating to the complaint which is known to the
1290	school district at the time of filing. Each district school
1291	board shall develop and adopt policies and procedures to comply
1292	with this reporting requirement. School board policies and
1293	procedures must include standards for screening, hiring, and
1294	terminating instructional personnel and school administrators,
1295	as defined in s. 1012.01; standards of ethical conduct for
1296	instructional personnel and school administrators; the duties of
1297	instructional personnel and school administrators for upholding
1298	the standards; detailed procedures for reporting alleged
1299	misconduct by instructional personnel and school administrators
1300	which affects the health, safety, or welfare of a student;
1301	requirements for the reassignment of instructional personnel or
1302	school administrators pending the outcome of a misconduct
1303	investigation; and penalties for failing to comply with s.
1304	1001.51 or s. 1012.795. The district school board policies and
1305	procedures shall include appropriate penalties for all personnel
1306	of the district school board for nonreporting and procedures for
1307	promptly informing the district school superintendent of each
1308	legally sufficient complaint. The district school superintendent
1309	is charged with knowledge of these policies and procedures and
1310	is accountable for the training of all instructional personnel
1311	and school administrators of the school district on the
1312	standards of ethical conduct, policies, and procedures. If the
1313	district school superintendent has knowledge of a legally
1314	sufficient complaint and does not report the complaint, or fails
1315	to enforce the policies and procedures of the district school
1316	board, and fails to comply with the requirements of this
1317	subsection, in addition to other actions against
1318	certificateholders authorized by law, the district school
1319	superintendent is shall be subject to penalties as specified in
1320	s. 1001.51(12). If the superintendent determines that misconduct
1321	by instructional personnel or school administrators who hold an
1322	educator certificate affects the health, safety, or welfare of a
1323	student and the misconduct warrants termination, the
1324	instructional personnel or school administrators may resign or
1325	be terminated and the superintendent must report the misconduct
1326	to the department in the format prescribed by the department.
1327	The department shall maintain each report of misconduct as a
1328	public record in the instructional personnel's or school
1329	administrators' certification files. This paragraph does not
1330	limit or restrict the power and duty of the department to
1331	investigate complaints as provided in paragraphs (a) and (b),
1332	regardless of the school district's untimely filing, or failure
1333	to file, complaints and followup reports.
1334	(e)  If allegations arise against an employee who is
1335	certified under s. 1012.56 and employed in an educator-
1336	certificated position in any public school, the school shall
1337	file in writing with the department a legally sufficient
1338	complaint within 30 days after the date on which the subject
1339	matter of the complaint came to the attention of the school. A
1340	complaint is legally sufficient if it contains ultimate facts
1341	that show a violation has occurred as provided in s. 1012.795
1342	and defined by rule of the State Board of Education. The school
1343	shall include all known information relating to the complaint
1344	with the filing of the complaint. This paragraph does not limit
1345	or restrict the power and duty of the department to investigate
1346	complaints, regardless of the school's untimely filing, or
1347	failure to file, complaints and followup reports.
1348	(f)(d)  Notwithstanding any other law, all law enforcement
1349	agencies, state attorneys, social service agencies, district
1350	school boards, and the Division of Administrative Hearings shall
1351	fully cooperate with and, upon request, shall provide unredacted
1352	documents to the Department of Education to further
1353	investigations and prosecutions conducted pursuant to this
1354	section. Any document received pursuant to this paragraph may
1355	not be redisclosed except as authorized by law.
1356	(3)  The department staff shall advise the commissioner
1357	concerning the findings of the investigation. The department
1358	general counsel or members of that staff shall review the
1359	investigation and advise the commissioner concerning probable
1360	cause or lack thereof. The determination of probable cause shall
1361	be made by the commissioner. The commissioner shall provide an
1362	opportunity for a conference, if requested, prior to determining
1363	probable cause. The commissioner may enter into deferred
1364	prosecution agreements in lieu of finding probable cause if,
1365	when in his or her judgment, such agreements are would be in the
1366	best interests of the department, the certificateholder, and the
1367	public. Such deferred prosecution agreements shall become
1368	effective when filed with the clerk of the Education Practices
1369	Commission. However, a deferred prosecution agreement shall not
1370	be entered into if where there is probable cause to believe that
1371	a felony or an act of moral turpitude, as defined by rule of the
1372	State Board of Education, has occurred. Upon finding no probable
1373	cause, the commissioner shall dismiss the complaint.
1374	(5)  When an allegation of misconduct by instructional
1375	personnel or school administrators, as defined in s. 1012.01, is
1376	received, if the alleged misconduct affects deemed necessary to
1377	protect the health, safety, or and welfare of a minor student,
1378	and there is reason to believe that the allegation is true, the
1379	district school superintendent in consultation with the school
1380	principal, or may, and upon the request of the Commissioner of
1381	Education, must immediately shall, temporarily suspend the
1382	instructional personnel or school administrators a
1383	certificateholder from the certificateholder's regularly
1384	assigned duties, with pay, and reassign the suspended personnel
1385	or administrators certificateholder to positions a position that
1386	do does not require direct contact with students in the district
1387	school system. Such suspension shall continue until the
1388	completion of the proceedings and the determination of
1389	sanctions, if any, pursuant to this section and s. 1012.795.
1390	Section 34.  Paragraph (b) of subsection (4) of section
1391	1012.98, Florida Statutes, is amended to read:
1392	1012.98  School Community Professional Development Act.--
1393	(4)  The Department of Education, school districts,
1394	schools, community colleges, and state universities share the
1395	responsibilities described in this section. These
1396	responsibilities include the following:
1397	(b)  Each school district shall develop a professional
1398	development system as specified in subsection (3). The system
1399	shall be developed in consultation with teachers, teacher-
1400	educators of community colleges and state universities, business
1401	and community representatives, and local education foundations,
1402	consortia, and professional organizations. The professional
1403	development system must:
1404	1.  Be approved by the department. All substantial
1405	revisions to the system shall be submitted to the department for
1406	review for continued approval.
1407	2.  Be based on analyses of student achievement data and
1408	instructional strategies and methods that support rigorous,
1409	relevant, and challenging curricula for all students. Schools
1410	and districts, in developing and refining the professional
1411	development system, shall also review and monitor school
1412	discipline data; school environment surveys; assessments of
1413	parental satisfaction; performance appraisal data of teachers,
1414	managers, and administrative personnel; and other performance
1415	indicators to identify school and student needs that can be met
1416	by improved professional performance.
1417	3.  Provide inservice activities coupled with followup
1418	support appropriate to accomplish district-level and school-
1419	level improvement goals and standards. The inservice activities
1420	for instructional personnel shall focus on analysis of student
1421	achievement data, ongoing formal and informal assessments of
1422	student achievement, identification and use of enhanced and
1423	differentiated instructional strategies that emphasize rigor,
1424	relevance, and reading in the content areas, enhancement of
1425	subject content expertise, integrated use of classroom
1426	technology that enhances teaching and learning, classroom
1427	management, parent involvement, and school safety.
1428	4.  Include a master plan for inservice activities,
1429	pursuant to rules of the State Board of Education, for all
1430	district employees from all fund sources. The master plan shall
1431	be updated annually by September 1, must be based on input from
1432	teachers and district and school instructional leaders, and must
1433	use the latest available student achievement data and research
1434	to enhance rigor and relevance in the classroom. Each district
1435	inservice plan must be aligned to and support the school-based
1436	inservice plans and school improvement plans pursuant to s.
1437	1001.42(18) s. 1001.42(16). District plans must be approved by
1438	the district school board annually in order to ensure compliance
1439	with subsection (1) and to allow for dissemination of research-
1440	based best practices to other districts. District school boards
1441	must submit verification of their approval to the Commissioner
1442	of Education no later than October 1, annually.
1443	5.  Require each school principal to establish and maintain
1444	an individual professional development plan for each
1445	instructional employee assigned to the school as a seamless
1446	component to the school improvement plans developed pursuant to
1447	s. 1001.42(18) s. 1001.42(16). The individual professional
1448	development plan must:
1449	a.  Be related to specific performance data for the
1450	students to whom the teacher is assigned.
1451	b.  Define the inservice objectives and specific measurable
1452	improvements expected in student performance as a result of the
1453	inservice activity.
1454	c.  Include an evaluation component that determines the
1455	effectiveness of the professional development plan.
1456	6.  Include inservice activities for school administrative
1457	personnel that address updated skills necessary for
1458	instructional leadership and effective school management
1459	pursuant to s. 1012.986.
1460	7.  Provide for systematic consultation with regional and
1461	state personnel designated to provide technical assistance and
1462	evaluation of local professional development programs.
1463	8.  Provide for delivery of professional development by
1464	distance learning and other technology-based delivery systems to
1465	reach more educators at lower costs.
1466	9.  Provide for the continuous evaluation of the quality
1467	and effectiveness of professional development programs in order
1468	to eliminate ineffective programs and strategies and to expand
1469	effective ones. Evaluations must consider the impact of such
1470	activities on the performance of participating educators and
1471	their students' achievement and behavior.
1472	Section 35.  Subsection (4) of section 1013.03, Florida
1473	Statutes, is amended to read:
1474	1013.03  Functions of the department and the Board of
1475	Governors.--The functions of the Department of Education as it
1476	pertains to educational facilities of school districts and
1477	community colleges and of the Board of Governors as it pertains
1478	to educational facilities of state universities shall include,
1479	but not be limited to, the following:
1480	(4)  Require each board and other appropriate agencies to
1481	submit complete and accurate financial data as to the amounts of
1482	funds from all sources that are available and spent for
1483	construction and capital improvements. The commissioner shall
1484	prescribe the format and the date for the submission of this
1485	data and any other educational facilities data. If any district
1486	does not submit the required educational facilities fiscal data
1487	by the prescribed date, the Commissioner of Education shall
1488	notify the district school board of this fact and, if
1489	appropriate action is not taken to immediately submit the
1490	required report, the district school board shall be directed to
1491	proceed pursuant to s. 1001.42(13)(b) the provisions of s.
1492	1001.42(11)(b). If any community college or university does not
1493	submit the required educational facilities fiscal data by the
1494	prescribed date, the same policy prescribed in this subsection
1495	for school districts shall be implemented.
1496	Section 36.  The sum of $153,872 is appropriated from the
1497	Educational Certification and Services Trust Fund to the
1498	Department of Education for the 2008-2009 fiscal year, and two
1499	additional full-time equivalent positions and associated salary
1500	rate of 90,088 are authorized, for the purpose of implementing
1501	this act.
1502	Section 37.  This act shall take effect July 1, 2008.
1503
1504
1505	-----------------------------------------------------
1506	T I T L E  A M E N D M E N T
1507	Remove the entire title and insert:
1508	A bill to be entitled
1509	An act relating to ethics; providing a short title; amending s.
1510	24.121, F.S., relating to public school funding; conforming
1511	cross-references; amending s. 112.3173, F.S.; specifying certain
1512	felony offenses against a minor as additional offenses that
1513	constitute a breach of the public trust; requiring a person
1514	committing such an offense to forfeit benefits under certain
1515	public retirement systems; amending s. 121.091, F.S.;
1516	prohibiting the Division of Retirement from paying benefits to a
1517	member who commits certain felony offenses against a minor;
1518	conforming a cross-reference; creating ss. 794.09 and 800.05,
1519	F.S.; providing notice in the criminal statutes that certain
1520	retirement benefits are subject to forfeiture for committing
1521	certain felony offenses against a minor; amending s. 1001.10,
1522	F.S.; requiring the Department of Education to assist school
1523	districts, charter schools, the Florida School for the Deaf and
1524	the Blind, and private schools that accept school choice
1525	scholarship students in developing policies, procedures, and
1526	training related to employment practices and standards of
1527	ethical conduct; requiring the department to provide authorized
1528	staff with access to certain databases for employment history
1529	verification; amending s. 1001.32, F.S., relating to school
1530	administration; conforming a cross-reference; amending s.
1531	1001.42, F.S.; requiring each district school board to adopt
1532	standards of ethical conduct and provide training for
1533	instructional personnel and school administrators; prohibiting
1534	confidentiality agreements regarding terminated or dismissed
1535	instructional personnel and school administrators which have the
1536	effect of concealing certain misconduct; prohibiting a school
1537	district from providing employment references for specified
1538	personnel and administrators except under certain circumstances;
1539	requiring a person who committed certain crimes to be
1540	disqualified from employment in certain positions in a district
1541	school system under specified conditions; providing that a
1542	district school board official who knowingly signs and transmits
1543	a false or incorrect report, or fails to adopt certain policies,
1544	forfeits his or her salary for a specified period; amending s.
1545	1001.452, F.S., relating to district and school advisory
1546	councils; conforming cross-references; amending s. 1001.51,
1547	F.S.; providing that a district school superintendent forfeits
1548	his or her salary for a specified period following failure to
1549	investigate and report allegations of certain misconduct by
1550	specified personnel or administrators; amending ss. 1001.54 and
1551	1002.32, F.S., relating to duties of principals and laboratory
1552	schools; conforming cross-references; amending s. 1002.33, F.S.;
1553	requiring a person who committed certain crimes to be
1554	disqualified from employment in certain positions in a charter
1555	school under specified conditions; requiring charter schools to
1556	adopt standards of ethical conduct and provide training for all
1557	instructional personnel and school administrators; prohibiting
1558	confidentiality agreements regarding terminated or dismissed
1559	instructional personnel and school administrators which have the
1560	effect of concealing certain misconduct; prohibiting a charter
1561	school from providing employment references for specified
1562	personnel and administrators except under certain circumstances;
1563	requiring a charter school to contact the previous employer, and
1564	verify the employment history against certain databases, of
1565	persons seeking employment in certain positions; requiring a
1566	charter school's sponsor to terminate the school's charter for
1567	failing to comply with these requirements; amending s. 1002.36,
1568	F.S.; requiring the Florida School for the Deaf and the Blind to
1569	meet certain requirements governing the screening of personnel;
1570	amending s. 1002.421, F.S.; requiring a person who committed
1571	certain crimes to be disqualified from employment in certain
1572	positions in a private school that accepts certain scholarship
1573	students under specified conditions; requiring certain private
1574	schools to adopt standards of ethical conduct and provide
1575	training for all instructional personnel and school
1576	administrators; prohibiting confidentiality agreements regarding
1577	terminated or dismissed instructional personnel or school
1578	administrators which have the effect of concealing certain
1579	misconduct; prohibiting a private school from providing
1580	employment references for specified personnel and administrators
1581	except under certain circumstances; requiring a private school
1582	to contact the previous employer, and verify the employment
1583	history against certain databases, of persons seeking employment
1584	in certain positions; requiring the Department of Education to
1585	suspend enrollment of new students and the payment of funds to a
1586	private school failing to comply with these requirements;
1587	amending ss. 1003.413, 1003.53, and 1004.92, F.S., relating to
1588	educational instruction and programs; conforming cross-
1589	references; amending s. 1006.061, F.S.; requiring district
1590	school boards, charter schools, and private schools that accept
1591	certain scholarship students to post policies for reporting
1592	child abuse and misconduct by specified personnel and
1593	administrators; requiring the principal of such schools to act
1594	as a liaison in suspected cases of child abuse; requiring the
1595	Department of Education to publish sample notices; amending ss.
1596	1008.33, 1008.345, 1010.215, and 1011.18, F.S., relating to
1597	accountability procedures; conforming cross-references; amending
1598	s. 1012.27, F.S.; requiring the district school superintendent
1599	to contact the previous employer, and verify the employment
1600	history against certain databases, of persons seeking employment
1601	in certain positions; creating s. 1012.315, F.S.; specifying
1602	offenses that disqualify instructional personnel and school
1603	administrators from employment in certain positions that require
1604	direct contact with students; amending s. 1012.32, F.S.;
1605	requiring specified personnel or administrators who committed
1606	certain crimes to be disqualified from employment in certain
1607	positions in a district school system or charter school under
1608	specified conditions; amending s. 1012.33, F.S.; providing that
1609	just cause for terminating instructional staff includes
1610	immorality or commission of certain crimes; amending s. 1012.34,
1611	F.S., relating to assessment procedures; conforming a cross-
1612	reference; amending s. 1012.56, F.S., relating to certification
1613	requirements for educators; revising requirements for conducting
1614	state and federal criminal records checks of persons seeking
1615	certification; requiring a person who committed certain crimes
1616	to be ineligible for certification under specified conditions;
1617	providing for the Department of Education to maintain educator
1618	records in an electronic database; amending s. 1012.79, F.S.;
1619	providing for additional members to be appointed to the
1620	Education Practices Commission; revising the composition of
1621	panels appointed to review complaints against teachers and
1622	administrators; amending s. 1012.795, F.S.; providing for the
1623	suspension of the educator certificate of a person who knowingly
1624	fails to report child abuse or misconduct by specified personnel
1625	or administrators; clarifying authority of the commission to
1626	discipline educators who commit certain crimes; amending s.
1627	1012.796, F.S.; requiring the Department of Education to
1628	investigate each complaint involving misconduct by certificated
1629	personnel; clarifying what constitutes a legally sufficient
1630	complaint; providing requirements for school board policies and
1631	procedures relating to standards of ethical conduct; providing
1632	that the district school superintendent is accountable for
1633	training of instructional personnel and school administrators on
1634	the standards, policies, and procedures; requiring employers of
1635	certificated personnel to report misconduct by such personnel to
1636	the Department of Education; requiring that instructional
1637	personnel or school administrators be immediately suspended and
1638	reassigned under certain circumstances; amending ss. 1012.98 and
1639	1013.03, F.S., relating to the School Community Professional
1640	Development Act and functions of the Department of Education and
1641	Board of Governors; conforming cross-references; providing an
1642	appropriation and authorizing additional positions; providing an
1643	effective date.

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