Florida Senate - 2008 PROPOSED COMMITTEE SUBSTITUTE

Bill No. CS for SB 1712

445112

585-04767-08

Proposed Committee Substitute by the Committee on Governmental

Operations

A bill to be entitled

An act relating to ethics; providing a short title;

amending s. 24.121, F.S., relating to public school

funding; conforming cross-references; amending s.

112.3173, F.S.; specifying certain additional offenses

that constitute a breach of the public trust; amending s.

121.091, F.S.; prohibiting the Division of Retirement from

paying benefits to a member who has committed certain

felony offenses against a minor; amending s. 402.316,

F.S.; authorizing the Department of Children and Family

Services to adopt minimum standards for screening child

care personnel and for notification of termination of such

personnel; amending s. 435.04, F.S.; providing additional

criminal offenses for screening child care personnel;

amending s. 1001.10, F.S.; requiring the Department of

Education to assist school districts, charter schools, the

Florida School for the Deaf and the Blind, and certain

private schools and providers in developing policies and

procedures governing educator ethics and employment;

requiring the department to provide authorized staff with

access to or provide verification through certain

employment-screening tools; amending s. 1001.32, F.S.,

relating to school administration; conforming a cross-

reference; amending s. 1001.42, F.S.; requiring each

district school board to adopt ethical standards for all

employees; prohibiting confidentiality agreements

regarding terminated or dismissed employees which have the

effect of concealing certain conduct; providing that a

district school board official who knowingly signs or

transmits a false report, fails to support policies that

ensure the investigation of reports, or fails to report

allegations of misconduct by instructional or

administrative personnel forfeits his or her salary for a

specified period; amending s. 1001.452, F.S., relating to

district and school advisory councils; conforming cross-

references; amending s. 1001.51, F.S.; providing that a

district school superintendent or district school board

member forfeits his or her salary for a specified period

following failure to report allegations of misconduct by

instructional or administrative personnel; amending ss.

1001.54 and 1002.32, F.S., relating to duties of

principals and lab schools; conforming cross-references;

amending s. 1002.33, F.S.; requiring charter schools to

adopt ethical standards for all employees; prohibiting

confidentiality agreements regarding terminated or

dismissed employees which have the effect of concealing

certain conduct; requiring the school to contact the prior

employer and assess a candidate's ability to meet ethical

standards; requiring the school to notify the Department

of Education of dates of employment for instructional and

administrative personnel; requiring the charter school

sponsor to suspend the school's charter for failing to

comply with these requirements; amending s. 1002.36, F.S.;

requiring the Florida School for the Deaf and the Blind to

meet certain requirements governing the screening of

educators; amending ss. 1002.421 and 1002.55, F.S.;

requiring owners of certain private schools and private

prekindergarten providers to adopt ethical standards for

all employees; prohibiting confidentiality agreements

regarding terminated or dismissed employees which have the

effect of concealing certain conduct; requiring such

owners and providers to contact the previous employer of

each instructional or administrative candidate for

employment and notify the Department of Education of dates

of employment of an educator; amending ss. 1002.61,

1002.63, 1002.65, 1003.413, 1003.53, and 1004.92, F.S.;

conforming cross-references; amending s. 1006.061, F.S.;

requiring each district school board to post its policies

and procedures for reporting misconduct by instructional

or administrative personnel and the penalties imposed for

failing to report suspected or actual child abuse;

amending ss. 1007.21, 1007.23, 1008.33, 1008.345,

1010.215, and 1011.18, F.S.; conforming cross-references;

amending s. 1012.27, F.S.; requiring the district school

superintendent to contact the previous employer of each

instructional or administrative candidate for employment,

screen the candidate, and document findings; creating s.

1012.315, F.S.; specifying offenses that disqualify

instructional and administrative personnel from employment

in positions involving direct contact with students;

amending s. 1012.32, F.S.; providing that instructional

and administrative personnel who have been convicted of

certain offenses are disqualified from employment in

positions having direct contact with students; amending s.

1012.33, F.S.; providing that just cause for terminating

instructional staff includes immorality or the commission

of a criminal act; amending s. 1012.34, F.S., relating to

assessment procedures; conforming a cross-reference;

amending s. 1012.56, F.S., relating to certification

requirements for educators; revising the requirements for

conducting state and national criminal history records

checks of persons seeking certification; providing for the

Department of Education to maintain personnel records on

an electronic database; amending s. 1012.79, F.S.;

providing for additional members to be appointed to the

Education Practices Commission; revising the composition

of the panel appointed to review complaints against

teachers; amending s. 1012.795, F.S.; providing for

suspending the educator certificate of a person who

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knowingly fails to report child abuse or suspected or

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actual misconduct by instructional personnel; amending s.

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1012.796, F.S.; requiring the Department of Education to

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investigate each complaint involving misconduct by

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certificated personnel; clarifying what constitutes a

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legally sufficient complaint; providing requirements for

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school board policies and procedures relating to ethical

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standards; providing that the district school

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superintendent is accountable for communicating standards,

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policies, and procedures to district employees; requiring

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that an employee be immediately suspended and reassigned

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upon an allegation of misconduct affecting the health,

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safety, or welfare of a student; requiring employers of

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certified personnel to file complaints in writing to the

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Department of Education; amending ss. 1012.98 and 1013.03,

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F.S., relating to the School Community Professional

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Development Act and functions of the department and Board

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of Governors; conforming cross-references; providing an

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effective date.

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

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Section 1. This act may be cited as the "Ethics in

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Education Act."

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Section 2. Paragraphs (c) and (d) of subsection (5) of

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section 24.121, Florida Statutes, are amended to read:

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24.121 Allocation of revenues and expenditure of funds for

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public education.--

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(5)

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by the Legislature, shall be distributed to each school district

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and shall be made available to each public school in the district

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for enhancing school performance through development and

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implementation of a school improvement plan pursuant to s.

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1001.42(18) s. 1001.42(16). A portion of these moneys, as

135

determined annually in the General Appropriations Act, must be

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allocated to each school in an equal amount for each student

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enrolled. These moneys may be expended only on programs or

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projects selected by the school advisory council or by a parent

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advisory committee created pursuant to this paragraph. If a

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school does not have a school advisory council, the district

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advisory council must appoint a parent advisory committee

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composed of parents of students enrolled in that school, which

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committee is representative of the ethnic, racial, and economic

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community served by the school, to advise the school's principal

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on the programs or projects to be funded. Neither school district

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staff nor principals may override the recommendations of the

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school advisory council or the parent advisory committee. These

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moneys may not be used for capital improvements or, nor may they

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be used for any project or program that has a duration of more

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than 1 year; however, a school advisory council or parent

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advisory committee may independently determine that a program or

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project formerly funded under this paragraph should receive funds

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in a subsequent year.

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(d) No funds shall be released for any purpose from the

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Educational Enhancement Trust Fund to any school district in

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which one or more schools do not have an approved school

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improvement plan pursuant to s. 1001.42(18) s. 1001.42(16) or do

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not comply with school advisory council membership composition

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requirements pursuant to s. 1001.452(1). The Commissioner of

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Education shall withhold disbursements from the trust fund to any

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school district that fails to adopt the performance-based salary

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schedule required by s. 1012.22(1).

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Section 3. Paragraph (e) of subsection (2) of section

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112.3173, Florida Statutes, is amended to read:

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112.3173 Felonies involving breach of public trust and

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other specified offenses by public officers and employees;

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forfeiture of retirement benefits.--

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(2) DEFINITIONS.--As used in this section, unless the

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context otherwise requires, the term:

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(e) "Specified offense" means:

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1. The committing, aiding, or abetting of an embezzlement

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of public funds;

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2. The committing, aiding, or abetting of any theft by a

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public officer or employee from his or her employer;

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3. Bribery in connection with the employment of a public

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officer or employee;

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4. Any felony specified in chapter 838, except ss. 838.15

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and 838.16;

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5. The committing of an impeachable offense; or

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6. The committing of any felony by a public officer or

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employee who, willfully and with intent to defraud the public or

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the public agency for which the public officer or employee acts

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or in which he or she is employed of the right to receive the

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faithful performance of his or her duty as a public officer or

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employee, realizes or obtains, or attempts to realize or obtain,

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a profit, gain, or advantage for himself or herself or for some

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other person through the use or attempted use of the power,

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rights, privileges, duties, or position of his or her public

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office or employment position; or.

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7. Effective October 1, 2008, the committing of any felony

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defined in s. 800.04 against a victim younger than 16 years of

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age or any felony defined in chapter 794, s. 800.02, or s. 800.03

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against a victim younger than 18 years of age by a public officer

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or employee through the use or attempted use of power, rights,

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privileges, duties, or position of his or her public office or

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employment position.

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Section 4. Present paragraphs (i) and (j) of subsection (5)

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of section 121.091, Florida Statutes, are redesignated as

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subsections (j) and (k), respectively, and a new paragraph (i) is

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added to that subsecection, to read:

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121.091 Benefits payable under the system.--Benefits may

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not be paid under this section unless the member has terminated

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employment as provided in s. 121.021(39)(a) or begun

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participation in the Deferred Retirement Option Program as

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provided in subsection (13), and a proper application has been

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filed in the manner prescribed by the department. The department

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may cancel an application for retirement benefits when the member

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or beneficiary fails to timely provide the information and

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documents required by this chapter and the department's rules.

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The department shall adopt rules establishing procedures for

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application for retirement benefits and for the cancellation of

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such application when the required information or documents are

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not received.

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(5) TERMINATION BENEFITS.--A member whose employment is

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terminated prior to retirement retains membership rights to

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previously earned member-noncontributory service credit, and to

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member-contributory service credit, if the member leaves the

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member contributions on deposit in his or her retirement account.

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If a terminated member receives a refund of member contributions,

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such member may reinstate membership rights to the previously

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earned service credit represented by the refund by completing 1

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year of creditable service and repaying the refunded member

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contributions, plus interest.

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(i) Effective October 1, 2008, except for the return of the

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member's accumulated contributions as of the date of conviction,

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the division may not pay benefits to any member who has committed

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any felony defined in s. 800.04 against a victim younger than 16

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years of age or any felony defined in chapter 794, s. 800.02, or

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s. 800.03 against a victim younger than 18 years of age through

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the use or attempted use of power, rights, privileges, duties, or

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position of his or her public office or employment position.

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Section 5. Subsection (4) is added to section 402.316,

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Florida Statutes, to read:

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402.316 Exemptions.--

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(4) The department shall adopt rules establishing minimum

236

standards for screening child care personnel and for providing

237

notification of employee termination to child care personnel.

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Section 6. Paragraph (c) of subsection (4) is added to

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section 435.04, Florida Statutes, to read:

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435.04 Level 2 screening standards.--

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(4) Standards must also ensure that the person:

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402.305, s. 402.3055, s. 402.313, s. 402.3131, or s. 402.316, has

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not been convicted of, or entered a plea of guilty or nolo

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contendere, regardless of adjudication, to offenses prohibited

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under any of the following statutes or under similar statutes of

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another jurisdiction:

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1. Section 787.025, relating to luring or enticing a child.

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2. Section 787.05, relating to unlawful sexual activity

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with certain minors.

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3. Section 810.14, relating to voyeurism.

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4. Section 810.145, relating to video voyeurism.

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5. Any delinquent act that qualified or would have

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qualified an individual for inclusion on the Registered Juvenile

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Sex Offender List pursuant to s. 943.0435(1)(a)1.d.

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Section 7. Present subsection (4) of section 1001.10,

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Florida Statutes, is redesignated as subsection (6), and new

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subsections (4) and (5) are added to that section, to read:

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1001.10 Commissioner of Education; general powers and

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duties.--

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(4) The Department of Education shall provide technical

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assistance to local school districts, charter schools, the

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Florida School for the Deaf and the Blind, and private schools

264

that accept scholarship students under chapter 1002 or s.

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220.187, in the development of policies, procedures, and training

266

related to educator ethics and employment practices.

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(5) The Department of Education shall provide authorized

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staff of local school districts, charter schools, the Florida

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School for the Deaf and the Blind, private schools that accept

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scholarship students under chapter 1002 or s. 220.187, and

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private providers pursuant to s. 1002.55 with secure access to or

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provide electronic verification of information required to

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effectively screen employees through the following employment-

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screening tools:

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(a) The Professional Practices' Database of Disciplinary

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Actions Against Educators;

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(b) The Department of Education's Teacher Certification

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Database; and

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Information Database.

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Section 8. Subsection (4) of section 1001.32, Florida

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Statutes, is amended to read:

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1001.32 Management, control, operation, administration, and

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supervision.--The district school system must be managed,

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controlled, operated, administered, and supervised as follows:

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(4) SCHOOL PRINCIPAL OR HEAD OF SCHOOL.--Responsibility for

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the administration of any school or schools at a given school

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center, for the supervision of instruction therein, and for

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providing leadership in the development or revision and

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implementation of a school improvement plan required by s.

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1001.42(18) pursuant to s. 1001.42(16) shall be delegated to the

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school principal or head of the school or schools in accordance

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with rules established by the district school board.

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Section 9. Present subsections (6) through (23) of section

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1001.42, Florida Statutes, are redesignated as subsections (8)

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through (25), respectively, and new subsections (6) and (7) are

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added to that section, to read:

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1001.42 Powers and duties of district school board.--The

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district school board, acting as a board, shall exercise all

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powers and perform all duties listed below:

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(6) ESTABLISH ETHICAL STANDARDS.--Adopt and communicate

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policies and procedures setting forth ethical standards for all

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employees. The policies and procedures must include

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responsibilities and procedures for reporting suspected or actual

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misconduct by instructional personnel and school administrators,

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as defined in s. 1012.01, which affects the health, safety, or

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welfare of a student and an explanation of liability protections

308

provided to students, parents, and employees under ss. 39.201,

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39.202, and 768.095 who report suspected or actual misconduct. A

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district school board or any of its employees may not enter into

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a confidentiality agreement regarding a terminated or dismissed

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employee or an employee who resigns in lieu of termination based

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in whole or in part on unethical conduct that affects the health,

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safety, or welfare of a student and may not provide the employee

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with a favorable recommendation for employment in another

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educational setting. Any portion of an agreement or contract that

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has the purpose or effect of concealing the conduct of an

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educator regarding actions over which the Education Practices

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Commission has disciplinary jurisdiction is void, is contrary to

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public policy, and may not be enforced.

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(7) EMPLOYMENT DISQUALIFICATIONS.--Disqualify from

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employment instructional personnel and school administrators, as

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defined in s. 1012.01, who have been convicted of a disqualifying

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offense as described in s. 1012.315. An elected or appointed

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school board official who knowingly signs and transmits to any

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state official a false or incorrect report or who fails to

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support the adoption of policies that ensure the investigation of

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all reports of suspected or actual misconduct by instructional

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personnel and school administrators, which affects the health,

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safety, or welfare of a student and the reporting of allegations

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of misconduct by such personnel which affects the health, safety,

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or welfare of a student pursuant to s. 1012.796 forfeits his or

333

her salary for 1 year.

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Section 10. Paragraphs (a) and (c) of subsection (1) and

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subsection (2) of section 1001.452, Florida Statutes, are amended

336

to read:

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1001.452 District and school advisory councils.--

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(1) ESTABLISHMENT.--

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(a) The district school board shall establish an advisory

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council for each school in the district and shall develop

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procedures for the election and appointment of advisory council

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members. Each school advisory council shall include in its name

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the words "school advisory council." The school advisory council

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shall be the sole body responsible for final decisionmaking at

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the school relating to implementation of ss. 1001.42(18) the

346

provisions of ss. 1001.42(16) and 1008.345. A majority of the

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members of each school advisory council must be persons who are

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not employed by the school. Each advisory council shall be

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composed of the principal and an appropriately balanced number of

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teachers, education support employees, students, parents, and

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other business and community citizens who are representative of

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the ethnic, racial, and economic community served by the school.

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Career center and high school advisory councils shall include

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students, and middle and junior high school advisory councils may

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include students. School advisory councils of career centers and

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adult education centers are not required to include parents as

357

members. Council members representing teachers, education support

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employees, students, and parents shall be elected by their

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respective peer groups at the school in a fair and equitable

360

manner as follows:

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1. Teachers shall be elected by teachers.

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2. Education support employees shall be elected by

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education support employees.

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3. Students shall be elected by students.

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4. Parents shall be elected by parents.

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The district school board shall establish procedures to be used

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for use by schools in selecting business and community members

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that include means of ensuring wide notice of vacancies and of

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taking input on possible members from local business, chambers of

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commerce, community and civic organizations and groups, and the

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public at large. The district school board shall review the

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membership composition of each advisory council. If the district

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school board determines that the membership elected by the school

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is not representative of the ethnic, racial, and economic

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community served by the school, the district school board shall

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appoint additional members to achieve proper representation. The

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commissioner shall determine if schools have maximized their

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efforts to include on their advisory councils minority persons

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and persons of lower socioeconomic status. Although schools are

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strongly encouraged to establish school advisory councils, the

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district school board of any school district that has a student

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population of 10,000 or fewer may establish a district advisory

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council which includes shall include at least one duly elected

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teacher from each school in the district. For the purposes of

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school advisory councils and district advisory councils, the term

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"teacher" includes shall include classroom teachers, certified

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student services personnel, and media specialists. For purposes

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of this paragraph, "education support employee" means any person

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employed by a school who is not defined as instructional or

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administrative personnel pursuant to s. 1012.01 and whose duties

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require 20 or more hours in each normal working week.

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providing educational services to youth in Department of Juvenile

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Justice programs, district school boards may establish a district

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advisory council with appropriate representatives for the purpose

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of developing and monitoring a district school improvement plan

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that encompasses all such schools in the district, pursuant to s.

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1001.42(18)(a) s. 1001.42(16)(a).

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(2) DUTIES.--Each advisory council shall perform such

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functions as are prescribed by regulations of the district school

402

board; however, no advisory council shall have any of the powers

403

and duties now reserved by law to the district school board. Each

404

school advisory council shall assist in the preparation and

405

evaluation of the school improvement plan required pursuant to s.

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1001.42(18) s. 1001.42(16). With technical assistance from the

407

Department of Education, each school advisory council shall

408

assist in the preparation of the school's annual budget and plan

409

as required by s. 1008.385(1). A portion of funds provided in the

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annual General Appropriations Act for use by school advisory

411

councils must be used for implementing the school improvement

412

plan.

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Section 11. Subsection (12) of section 1001.51, Florida

414

Statutes, is amended to read:

415

1001.51 Duties and responsibilities of district school

416

superintendent.--The district school superintendent shall

417

exercise all powers and perform all duties listed below and

418

elsewhere in the law, provided that, in so doing, he or she shall

419

advise and counsel with the district school board. The district

420

school superintendent shall perform all tasks necessary to make

421

sound recommendations, nominations, proposals, and reports

422

required by law to be acted upon by the district school board.

423

All such recommendations, nominations, proposals, and reports by

424

the district school superintendent shall be either recorded in

425

the minutes or shall be made in writing, noted in the minutes,

426

and filed in the public records of the district school board. It

427

shall be presumed that, in the absence of the record required in

428

this section, the recommendations, nominations, and proposals

429

required of the district school superintendent were not contrary

430

to the action taken by the district school board in such matters.

431

(12) RECORDS AND REPORTS.--Recommend such records as should

432

be kept in addition to those prescribed by rules of the State

433

Board of Education; prepare forms for keeping such records as are

434

approved by the district school board; ensure that such records

435

are properly kept; and make all reports that are needed or

436

required, as follows:

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(a) Forms, blanks, and reports.--Require that all employees

438

accurately keep all records and promptly make in proper form all

439

reports required by the education code or by rules of the State

440

Board of Education; recommend the keeping of such additional

441

records and the making of such additional reports as may be

442

deemed necessary to provide data essential for the operation of

443

the school system; and prepare such forms and blanks as may be

444

required and ensure that these records and reports are properly

445

prepared.

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(b) Reports to the department.--Prepare, for the approval

447

of the district school board, all reports that may be required by

448

law or rules of the State Board of Education to be made to the

449

department and transmit promptly all such reports, when approved,

450

to the department, as required by law. If any such reports are

451

not transmitted at the time and in the manner prescribed by law

452

or by State Board of Education rules, the salary of the district

453

school superintendent must be withheld until the report has been

454

properly submitted. Unless otherwise provided by rules of the

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State Board of Education, the annual report on attendance and

456

personnel is due on or before July 1, and the annual school

457

budget and the report on finance are due on the date prescribed

458

by the commissioner.

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Any district school superintendent who knowingly signs and

461

transmits to any state official a false or incorrect report or

462

who knowingly fails to investigate all reports of suspected or

463

actual misconduct by instructional personnel and school

464

administrators, as defined in s. 1012.01, which affects the

465

health, safety, or welfare of a student or report allegations of

466

misconduct by such personnel which affects the health, safety, or

467

welfare of a student pursuant to s. 1012.796 forfeits shall

468

forfeit his or her right to any salary for the period of 1 year

469

following the from that date of such act or failure to act.

470

Section 12. Subsection (2) of section 1001.54, Florida

471

Statutes, is amended to read:

472

1001.54 Duties of school principals.--

473

(2) Each school principal shall provide instructional

474

leadership in the development, revision, and implementation of a

475

school improvement plan pursuant to s. 1001.42(18) s.

476

1001.42(16).

477

Section 13. Paragraph (b) of subsection (11) of section

478

1002.32, Florida Statutes, is amended to read:

479

1002.32 Developmental research (laboratory) schools.--

480

(11) EXCEPTIONS TO LAW.--To encourage innovative practices

481

and facilitate the mission of the lab schools, in addition to the

482

exceptions to law specified in s. 1001.23(2), the following

483

exceptions shall be permitted for lab schools:

484

(b) With the exception of s. 1001.42(18) s. 1001.42(16), s.

485

1001.42 shall be held in abeyance. Reference to district school

486

boards in s. 1001.42(18) s. 1001.42(16) shall mean the president

487

of the university or the president's designee.

488

Section 14. Paragraph (g) of subsection (12) of section

489

1002.33, Florida Statutes, is amended to read:

490

1002.33 Charter schools.--

491

(12) EMPLOYEES OF CHARTER SCHOOLS.--

492

(g) In order to protect the health, safety, or welfare of

493

students, a charter school governing board shall:

494

1. A charter school shall Employ or contract with employees

495

who have undergone background screening as provided in s.

496

1012.32. Members of the governing board of the charter school

497

shall also undergo background screening in a manner similar to

498

that provided in s. 1012.32.

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2. Disqualify any individual convicted of an offense

500

pursuant to s. 1012.315 from employment in an instructional or

501

school administrator position that involves direct contact with

502

students.

503

3. Adopt and communicate policies and procedures setting

504

forth ethical standards for all employees and include policies

505

and procedures in professional development for all staff. The

506

policies and procedures must include responsibilities and

507

procedures for reporting suspected or actual misconduct by

508

instructional personnel or a school administrator which affects

509

the health, safety, or welfare of a student and an explanation of

510

liability protections provided to students, parents, and

511

employees under ss. 39.201, 39.202, and 768.095 who report

512

suspected or actual misconduct that affects the health, safety,

513

or welfare of a student. A charter school or any of its employees

514

may not enter into a confidentiality agreement regarding a

515

terminated or dismissed employee or an employee who resigns in

516

lieu of termination based in whole or in part on unethical

517

conduct that affects the health, safety, or welfare of a student

518

and may not provide the employee with a favorable recommendation

519

for employment in another educational setting. Any portion of an

520

agreement or contract that has the purpose or effect of

521

concealing the conduct of an educator regarding actions over

522

which the Education Practices Commission has disciplinary

523

jurisdiction is void, is contrary to public policy, and may not

524

be enforced.

525

4. Before appointing a candidate to an instructional or

526

school administrator position that involves direct contact with

527

students, contact the previous employer of the candidate to

528

assess the candidate's ability to meet ethical standards for

529

professional educators, screen the candidate through the use of

530

educator screening tools described in s. 1001.10(5), and document

531

the findings.

532

5. Report to the Department of Education the date of hire

533

and, when applicable, the date employment is severed, for all

534

instructional personnel and school administrators.

535

6. The sponsor of a charter school that fails to comply

536

with this paragraph shall terminate the charter pursuant to

537

subsection (8).

538

Section 15. Paragraph (g) is added to subsection (7) of

539

section 1002.36, Florida Statutes, to read:

540

1002.36 Florida School for the Deaf and the Blind.--

541

(7) PERSONNEL SCREENING.--

542

(g) For the purpose of protecting the health, safety, or

543

welfare of students and the ethical standards for professional

544

educators, the Florida School for the Deaf and the Blind shall be

545

considered a school district and shall meet the provisions of ss.

546

1001.03, 1001.42, 1001.51, 1006.061, 1012.27, 1012.315, 1012.32,

547

1012.56, 1012.33, 1012.795, and 1012.796.

548

Section 16. Present subsections (4), (5), and (6) of

549

section 1002.421, Florida Statutes, are redesignated as

550

subsections (5), (6), and (7), respectively, and a new subsection

551

(4) is added to that section, to read:

552

1002.421 Accountability of private schools participating in

553

state school choice scholarship programs.--

554

(4) A private school participating in a scholarship program

555

under this section shall:

556

(a) Disqualify from employment in an instructional or

557

school administrator position that involves direct contact with

558

students any individual convicted of a disqualifying offense

559

identified under s. 1012.315.

560

(b) Adopt and communicate policies and procedures setting

561

forth ethical standards for all employees and include policies

562

and procedures in professional development for all staff. The

563

policies and procedures must include responsibilities and

564

procedures for reporting suspected or actual misconduct by

565

instructional personnel or a school administrator which affects

566

the health, safety, or welfare of a student and an explanation of

567

liability protections provided to students, parents, and

568

employees under ss. 39.201, 39.202, and 768.095 who report

569

suspected or actual misconduct that affects the health, safety,

570

or welfare of a student. A private school or any of its employees

571

may not enter into a confidentiality agreement regarding a

572

terminated or dismissed employee or an employee who resigns in

573

lieu of termination based in whole or in part on unethical

574

conduct that affects the health, safety, or welfare of a student

575

and may not provide the employee with a favorable recommendation

576

for employment in another educational setting. Any portion of an

577

agreement or contract that has the purpose or effect of

578

concealing the unethical conduct of an educator as described

579

under s. 1012.795 is void, is contrary to public policy, and may

580

not be enforced.

581

582

school administrator position that involves direct contact with

583

students, contact the previous employer of the candidate to

584

assess the candidate's ability to meet ethical standards for

585

professional educators, screen the candidate through the use of

586

educator screening tools described in s. 1001.10(5), and document

587

the findings.

588

(d) Report to the Department of Education the date of hire

589

and, when applicable, the date employment is severed, for all

590

instructional personnel and school administrators.

591

592

The department shall prohibit a private school that accepts

593

scholarship students under chapter 1002 or s. 220.187, which

594

fails to comply with this subsection from accepting such

595

scholarship students and disqualify the private school from

596

accepting funds under those programs for a period of 1 calendar

597

year and until the private school complies with this subsection.

598

Section 17. Present subsections (2), (3), and (4) of

599

section 1002.55, Florida Statutes, are renumbered as subsections

600

(3), (4), and (5), respectively, a new subsection (2) is added to

601

that section, and present subsection (4) of that section is

602

amended, to read:

603

1002.55 School-year prekindergarten program delivered by

604

private prekindergarten providers.--

605

(2) A private provider participating in the Voluntary

606

Prekindergarten Education Program under this section must comply

607

with the following:

608

(a) The provider must complete ethics training that has

609

been developed jointly by the Department of Children and Family

610

Services, the Department of Education, and the Agency for

611

Workforce Innovation. Such training shall include strategies on

612

how to adopt and communicate policies, responsibilities, and

613

procedures for reporting suspected or actual misconduct by a

614

prekindergarten instructor or administrator which affects the

615

health, safety, or welfare of a student, and an explanation of

616

liability protections provided to students, parents, and

617

employees under ss. 39.201, 39.202, and 768.095. Successful

618

completion of training shall be documented on the child care

619

personnel training transcript of the Department of Children and

620

Family Services.

621

(b) The provider must disqualify from employment any

622

prekindergarten instructor or administrator who has been

623

convicted of a disqualifying offense identified under s. 435.04.

624

625

instructor or administrator, the provider must contact the

626

candidate's previous employer pursuant to ss. 402.302(13) and

627

435.10 to assess the candidate's ability to meet ethical

628

standards for professional educators, screen the candidate

629

through the use of the educator screening tools described in s.

630

1001.10(5) and the Department of Children and Families'

631

electronic database, and document the findings.

632

(d) The provider may not enter into a confidentiality

633

agreement regarding a terminated or dismissed employee or an

634

employee who resigns in lieu of termination based in whole or in

635

part on unethical conduct that affects the health, safety, or

636

welfare of a student and may not provide the employee with a

637

favorable recommendation for employment in another educational

638

setting. A portion of an agreement or contract that has the

639

purpose or effect of concealing the unethical conduct of a

640

prekindergarten instructor or administrator as described under s.

641

1012.795 is void, is contrary to public policy, and may not be

642

enforced.

643

(e) The Agency for Workforce Innovation shall prohibit a

644

private provider that fails to comply with this subsection from

645

accepting funds under the Voluntary Prekindergarten Program for a

646

period of 1 calendar year and until the provider complies with

647

this subsection.

648

(5)(4) A prekindergarten instructor, in lieu of the minimum

649

credentials and courses required under paragraph (4)(c) (3)(c),

650

may hold one of the following educational credentials:

651

(a) A bachelor's or higher degree in early childhood

652

education, prekindergarten or primary education, preschool

653

education, or family and consumer science;

654

(b) A bachelor's or higher degree in elementary education,

655

if the prekindergarten instructor has been certified to teach

656

children any age from birth through 6th grade, regardless of

657

whether the instructor's educator certificate is current, and if

658

the instructor is not ineligible to teach in a public school

659

because his or her educator certificate is suspended or revoked;

660

661

(d) An associate's or higher degree in an unrelated field,

662

at least 6 credit hours in early childhood education or child

663

development, and at least 480 hours of experience in teaching or

664

providing child care services for children any age from birth

665

through 8 years of age; or

666

(e) An educational credential approved by the department as

667

being equivalent to or greater than an educational credential

668

described in this subsection. The department may adopt criteria

669

and procedures for approving equivalent educational credentials

670

under this paragraph.

671

Section 18. Subsections (4) and (6) of section 1002.61,

672

Florida Statutes, are amended to read:

673

1002.61 Summer prekindergarten program delivered by public

674

schools and private prekindergarten providers.--

675

(4) Notwithstanding ss. 1002.55(4)(c)1. 1002.55(3)(c)1. and

676

1002.63(5), each public school and private prekindergarten

677

provider must have, for each prekindergarten class, at least one

678

prekindergarten instructor who:

679

(a) Is a certified teacher; or

680

(b) Holds one of the educational credentials specified in

681

s. 1002.55(4)(a) or (b).

682

683

As used in this subsection, the term "certified teacher" means a

684

teacher holding a valid Florida educator certificate under s.

685

1012.56 who has the qualifications required by the district

686

school board to instruct students in the summer prekindergarten

687

program. In selecting instructional staff for the summer

688

prekindergarten program, each school district shall give priority

689

to teachers who have experience or coursework in early childhood

690

education.

691

(6) Notwithstanding ss. 1002.55(4)(e) 1002.55(3)(e) and

692

1002.63(7), each prekindergarten class in the summer

693

prekindergarten program, regardless of whether the class is a

694

public school's or private prekindergarten provider's class, must

695

have be composed of at least 4 students but may not exceed 10

696

students. In order to protect the health and safety of students,

697

each public school or private prekindergarten provider must also

698

provide appropriate adult supervision for students at all times.

699

This subsection does not supersede any requirement imposed on a

700

provider under ss. 402.301-402.319.

701

Section 19. Subsections (5) and (7) of section 1002.63,

702

Florida Statutes, are amended to read:

703

1002.63 School-year prekindergarten program delivered by

704

public schools.--

705

(5) Each public school must have, for each prekindergarten

706

class, at least one prekindergarten instructor who meets each

707

requirement in s. 1002.55(4)(c) s. 1002.55(3)(c) for a

708

prekindergarten instructor of a private prekindergarten provider.

709

(7) Each prekindergarten class in a public school

710

delivering the school-year prekindergarten program must have be

711

composed of at least 4 students but may not exceed 18 students.

712

In order to protect the health and safety of students, each

713

school must also provide appropriate adult supervision for

714

students at all times and, for each prekindergarten class

715

composed of 11 or more students, must have, in addition to a

716

prekindergarten instructor who meets the requirements of s.

717

1002.55(4)(c) s. 1002.55(3)(c), at least one adult

718

prekindergarten instructor who is not required to meet those

719

requirements but who must meet each requirement of subsection

720

(6).

721

Section 20. Paragraph (a) of subsection (2) of section

722

1002.65, Florida Statutes, is amended to read:

723

1002.65 Professional credentials of prekindergarten

724

instructors; aspirational goals; legislative intent.--

725

(2) To improve these educational outcomes, the Legislature

726

intends that all prekindergarten instructors will continue to

727

improve their skills and preparation through education and

728

training, so that the following aspirational goals will be

729

achieved:

730

(a) By the 2010-2011 school year:

731

1. Each prekindergarten class will have at least one

732

prekindergarten instructor who holds an associate's or higher

733

degree in the field of early childhood education or child

734

development; and

735

2. For each prekindergarten class composed of 11 or more

736

students, in addition to a prekindergarten instructor who meets

737

the requirements of subparagraph 1., the class will have at least

738

one prekindergarten instructor who meets the requirements of s.

739

1002.55(4)(c) s. 1002.55(3)(c).

740

Section 21. Subsection (2) of section 1003.413, Florida

741

Statutes, is amended to read:

742

1003.413 Florida Secondary School Redesign Act.--

743

(2) The following guiding principles for secondary school

744

redesign shall be used in the annual preparation of each

745

secondary school's improvement plan required by s. 1001.42(18) s.

746

1001.42(16):

747

(a) Struggling students, especially those in failing

748

schools, need the highest quality teachers and dramatically

749

different, innovative approaches to teaching and learning.

750

(b) Every teacher must contribute to every student's

751

reading improvement.

752

753

principals with the tools they need to better serve students.

754

(d) Small learning communities allow teachers to

755

personalize instruction to better address student learning

756

styles, strengths, and weaknesses.

757

(e) Intensive intervention in reading and mathematics must

758

occur early and through innovative delivery systems.

759

(f) Parents need access to tools they can use to monitor

760

their child's progress in school, communicate with teachers, and

761

act early on behalf of their child.

762

(g) Applied and integrated courses help students see the

763

relationships between subjects and relevance to their futures.

764

(h) School is more relevant when students choose courses

765

based on their goals, interests, and talents.

766

(i) Master schedules should not determine instruction and

767

must be designed based on student needs, not adult or

768

institutional needs.

769

(j) Academic and career planning engages students in

770

developing a personally meaningful course of study so they can

771

achieve goals they have set for themselves.

772

Section 22. Paragraph (b) of subsection (2) of section

773

1003.53, Florida Statutes, is amended to read:

774

1003.53 Dropout prevention and academic intervention.--

775

(2)

776

(b) Each school that establishes a dropout prevention and

777

academic intervention program at that school site shall reflect

778

that program in the school improvement plan as required under s.

779

1001.42(18) s. 1001.42(16).

780

Section 23. Subsections (1) and (3) of section 1004.92,

781

Florida Statutes, are amended to read:

782

1004.92 Purpose and responsibilities for career

783

education.--

784

(1) The purpose of career education is to enable students

785

who complete career programs to attain and sustain employment and

786

realize economic self-sufficiency. The purpose of this section is

787

to identify issues related to career education for which school

788

boards and community college boards of trustees are accountable.

789

It is the intent of the Legislature that the standards

790

articulated in subsection (2) be considered in the development of

791

accountability standards for public schools pursuant to ss.

792

1000.03, 1001.42(18) 1001.42(16), and 1008.345 and for community

793

colleges pursuant to s. 1008.45.

794

(3) Each career center operated by a district school board

795

shall establish a center advisory council pursuant to s.

796

1001.452. The center advisory council shall assist in the

797

preparation and evaluation of center improvement plans required

798

pursuant to s. 1001.42(18) s. 1001.42(16) and may provide

799

assistance, upon the request of the center director, in the

800

preparation of the center's annual budget and plan as required by

801

s. 1008.385(1).

802

Section 24. Present subsection (2) of section 1006.061,

803

Florida Statutes, is redesignated as subsection (3), and a new

804

subsection (2) is added to that section, to read:

805

1006.061 Child abuse, abandonment, and neglect

806

policy.--Each district school board shall:

807

(2) Post in a prominent place in each school district site

808

and on each school website, the school board policies and

809

procedures for reporting suspected or actual misconduct by

810

instructional personnel and school administrators, as defined in

811

s. 1012.01, which affects the health, safety, or welfare of a

812

student, the district contact person to whom the report should be

813

made, and the penalties imposed against such personnel for

814

failing to report suspected or actual child abuse pursuant to s.

815

1006.061 or misconduct by instructional personnel or school

816

administrators, which affects the health, safety, or welfare of a

817

student.

818

Section 25. Paragraph (c) of subsection (2) of section

819

1007.21, Florida Statutes, is amended to read:

820

1007.21 Readiness for postsecondary education and the

821

workplace.--

822

(2)

823

824

1001.03(10) and 1008.30 or a similar test may be administered to

825

all high school second semester sophomores who have chosen one of

826

the four destinations. The results of the placement test shall be

827

used to target additional instructional needs in reading,

828

writing, and mathematics prior to graduation.

829

Section 26. Subsection (5) of section 1007.23, Florida

830

Statutes, is amended to read:

831

1007.23 Statewide articulation agreement.--

832

(5) The articulation agreement must guarantee the

833

articulation of 9 credit hours toward a postsecondary degree in

834

early childhood education for programs approved by the State

835

Board of Education and the Board of Governors which:

836

(a) Award a child development associate credential issued

837

by the National Credentialing Program of the Council for

838

Professional Recognition or award a credential approved under s.

839

1002.55(4)(c)1.b. s. 1002.55(3)(c)1.b. or s. 402.305(3)(c) as

840

being equivalent to the child development associate credential;

841

and

842

(b) Include training in emergent literacy which meets or

843

exceeds the minimum standards for training courses for

844

prekindergarten instructors of the Voluntary Prekindergarten

845

Education Program in s. 1002.59.

846

Section 27. Subsection (4) of section 1008.33, Florida

847

Statutes, is amended to read:

848

1008.33 Authority to enforce public school improvement.--It

849

is the intent of the Legislature that all public schools be held

850

accountable for students performing at acceptable levels. A

851

system of school improvement and accountability that assesses

852

student performance by school, identifies schools in which

853

students are not making adequate progress toward state standards,

854

institutes appropriate measures for enforcing improvement, and

855

provides rewards and sanctions based on performance shall be the

856

responsibility of the State Board of Education.

857

(4) The State Board of Education may require the Department

858

of Education or Chief Financial Officer to withhold any transfer

859

of state funds to the school district if, within the timeframe

860

specified in state board action, the school district has failed

861

to comply with the action ordered to improve the district's low-

862

performing schools. Withholding the transfer of funds shall occur

863

only after all other recommended actions for school improvement

864

have failed to improve performance. The State Board of Education

865

may impose the same penalty on any district school board that

866

fails to develop and implement a plan for assistance and

867

intervention for low-performing schools as specified in s.

868

1001.42(18)(c) s. 1001.42(16)(c).

869

Section 28. Paragraph (c) of subsection (6) of section

870

1008.345, Florida Statutes, is amended to read:

871

1008.345 Implementation of state system of school

872

improvement and education accountability.--

873

(6)

874

875

release funds from the Educational Enhancement Trust Fund to any

876

district in which a school, including schools operating for the

877

purpose of providing educational services to youth in Department

878

of Juvenile Justice programs, does not have an approved school

879

improvement plan, pursuant to s. 1001.42(18) s. 1001.42(16),

880

after 1 full school year of planning and development, or does not

881

comply with school advisory council membership composition

882

requirements pursuant to s. 1001.452. The department shall send a

883

technical assistance team to each school without an approved plan

884

to develop such school improvement plan or to each school without

885

appropriate school advisory council membership composition to

886

develop a strategy for corrective action. The department shall

887

release the funds upon approval of the plan or upon establishment

888

of a plan of corrective action. Notice shall be given to the

889

public of the department's intervention and shall identify each

890

school without a plan or without appropriate school advisory

891

council membership composition.

892

Section 29. Subsection (5) of section 1010.215, Florida

893

Statutes, is amended to read:

894

1010.215 Educational funding accountability.--

895

(5) The annual school public accountability report required

896

by ss. 1001.42(18) 1001.42(16) and 1008.345 must include a school

897

financial report. The purpose of the school financial report is

898

to better inform parents and the public concerning how funds were

899

spent to operate the school during the prior fiscal year. Each

900

school's financial report must follow a uniform, districtwide

901

format that is easy to read and understand.

902

(a) Total revenue must be reported at the school, district,

903

and state levels. The revenue sources that must be addressed are

904

state and local funds, other than lottery funds; lottery funds;

905

federal funds; and private donations.

906

(b) Expenditures must be reported as the total expenditures

907

per unweighted full-time equivalent student at the school level

908

and the average expenditures per full-time equivalent student at

909

the district and state levels in each of the following categories

910

and subcategories:

911

1. Teachers, excluding substitute teachers, and education

912

paraprofessionals who provide direct classroom instruction to

913

students enrolled in programs classified by s. 1011.62 as:

914

a. Basic programs;

915

b. Students-at-risk programs;

916

c. Special programs for exceptional students;

917

d. Career education programs; and

918

e. Adult programs.

919

2. Substitute teachers.

920

3. Other instructional personnel, including school-based

921

instructional specialists and their assistants.

922

4. Contracted instructional services, including training

923

for instructional staff and other contracted instructional

924

services.

925

5. School administration, including school-based

926

administrative personnel and school-based education support

927

personnel.

928

6. The following materials, supplies, and operating capital

929

outlay:

930

a. Textbooks;

931

b. Computer hardware and software;

932

c. Other instructional materials;

933

d. Other materials and supplies; and

934

e. Library media materials.

935

7. Food services.

936

8. Other support services.

937

9. Operation and maintenance of the school plant.

938

939

types of district-level expenditures that support the school's

940

operations. The total amount of these district-level expenditures

941

must be reported and expressed as total expenditures per full-

942

time equivalent student.

943

Section 30. Paragraph (b) of subsection (6) of section

944

1011.18, Florida Statutes, is amended to read:

945

1011.18 School depositories; payments into and withdrawals

946

from depositories.--

947

(6) EXEMPTION FOR SELF-INSURANCE PROGRAMS AND THIRD-PARTY

948

ADMINISTERED EMPLOYEES' FRINGE BENEFIT PROGRAMS.--

949

(b) The district school board may contract with an

950

insurance company or professional administrator who holds a valid

951

certificate of authority issued by the Office of Insurance

952

Regulation of the Financial Services Commission to provide any or

953

all services that a third-party administrator is authorized by

954

law to perform. Pursuant to such contract, the district school

955

board may advance or remit money to the administrator to be

956

deposited in a designated special checking account for paying

957

claims against the district school board under its self-insurance

958

programs, and remitting premiums to the providers of insured

959

benefits on behalf of the district school board and the

960

participants in such programs, and otherwise fulfilling the

961

obligations imposed upon the administrator by law and the

962

contractual agreements between the district school board and the

963

administrator. The special checking account shall be maintained

964

in a designated district school depository. The district school

965

board may replenish such account as often as necessary upon the

966

presentation by the service organization of documentation for

967

claims or premiums due paid equal to the amount of the requested

968

reimbursement. Such replenishment shall be made by a warrant

969

signed by the chair of the district school board and

970

countersigned by the district school superintendent. Such

971

replenishment may be made by electronic, telephonic, or other

972

medium, and each transfer shall be confirmed in writing and

973

signed by the district school superintendent or his or her

974

designee. The provisions of strict accountability of all funds

975

and an annual audit by an independent certified public accountant

976

as provided in s. 1001.42(12)(k) s. 1001.42(10)(k) shall apply to

977

this subsection.

978

Section 31. Present subsection (6) of section 1012.27,

979

Florida Statutes, is redesignated as subsection (7), and a new

980

subsection (6) is added to that section, to read:

981

1012.27 Public school personnel; powers and duties of

982

district school superintendent.--The district school

983

superintendent is responsible for directing the work of the

984

personnel, subject to the requirements of this chapter, and in

985

addition the district school superintendent shall perform the

986

following:

987

(6) Before appointing a candidate to an instructional or

988

school administrator position that involves direct contact with

989

students, contact the candidate's previous employer to assess the

990

candidate's ability to meet state and local ethical standards for

991

professional educators, screen the candidate using the screening

992

tools as described in s. 1001.10(5), and document the findings.

993

Section 32. Section 1012.315, Florida Statutes, is created

994

to read:

995

1012.315 Disqualification from employment.--

996

(1) Any instructional personnel or school administrators,

997

as defined in s. 1012.01, are ineligible for employment in any

998

position that involves direct contact with students if convicted

999

of the following disqualifying offenses:

1000

(a) Any offense listed in s. 435.04;

1001

(b) Section 787.025, relating to luring or enticing a

1002

child;

1003

1004

with certain minors;

1005

(d) Section 810.14, relating to voyeurism;

1006

(e) Section 810.145, relating to video voyeurism;

1007

(f) Conviction of a crime involving moral turpitude; or

1008

(g) Any delinquent act that qualified or would have

1009

qualified an individual for inclusion on the Registered Juvenile

1010

Sex Offender List pursuant to s. 943.0435(1)(a)1.d.

1011

(2) A criminal act committed in another state or under

1012

federal law, the elements of which constitute a criminal act as

1013

described in subsection (1) shall, for purposes of

1014

disqualification, be considered as if the act was committed in

1015

this state.

1016

Section 33. Subsection (1) of section 1012.32, Florida

1017

Statutes, is amended to read:

1018

1012.32 Qualifications of personnel.--

1019

(1)(a) To be eligible for appointment in any position in

1020

any district school system, a person shall be of good moral

1021

character; shall have attained the age of 18 years, if he or she

1022

is to be employed in an instructional capacity; and shall, when

1023

required by law, hold a certificate or license issued under rules

1024

of the State Board of Education or the Department of Children and

1025

Family Services, except when employed pursuant to s. 1012.55 or

1026

under the emergency provisions of s. 1012.24. Previous residence

1027

in this state shall not be required in any school of the state as

1028

a prerequisite for any person holding a valid Florida certificate

1029

or license to serve in an instructional capacity.

1030

(b) Any instructional personnel or school administrators,

1031

as defined in s. 1012.01, are disqualified from employment in any

1032

position having direct contact with students if convicted of a

1033

disqualifying offense as described in s. 1012.315.

1034

Section 34. Paragraph (a) of subsection (1), paragraph (c)

1035

of subsection (4), and paragraph (b) of subsection (6) of section

1036

1012.33, Florida Statutes, are amended to read:

1037

1012.33 Contracts with instructional staff, supervisors,

1038

and school principals.--

1039

(1)(a) Each person employed as a member of the

1040

instructional staff in any district school system shall be

1041

properly certified pursuant to s. 1012.56 or s. 1012.57 or

1042

employed pursuant to s. 1012.39 and shall be entitled to and

1043

shall receive a written contract as specified in this section.

1044

All such contracts, except continuing contracts as specified in

1045

subsection (4), shall contain provisions for dismissal during the

1046

term of the contract only for just cause. Just cause includes,

1047

but is not limited to, the following instances, as defined by

1048

rule of the State Board of Education: immorality, misconduct in

1049

office, incompetency, gross insubordination, willful neglect of

1050

duty, the commission of a criminal act, regardless of

1051

adjudication, or crimes or conviction of a crime involving moral

1052

turpitude.

1053

(4)

1054

1055

supervisory staff and any member of the instructional staff,

1056

including any school principal, who is under continuing contract

1057

may be suspended or dismissed at any time during the school year;

1058

however, the charges against him or her must be based on

1059

immorality, misconduct in office, incompetency, gross

1060

insubordination, willful neglect of duty, drunkenness, crimes or

1061

conviction of a crime involving moral turpitude, as these terms

1062

are defined by rule of the State Board of Education, or the

1063

commission of a criminal act, regardless of adjudication.

1064

Whenever such charges are made against an any such employee of

1065

the district school board, the district school board may suspend

1066

such person without pay; but, if the charges are not sustained,

1067

he or she shall be immediately reinstated, and his or her back

1068

salary shall be paid. In cases of suspension by the district

1069

school board or by the district school superintendent, the

1070

district school board shall determine upon the evidence submitted

1071

whether the charges have been sustained and, if the charges are

1072

sustained, shall determine either to dismiss the employee or fix

1073

the terms under which he or she may be reinstated. If such

1074

charges are sustained by a majority vote of the full membership

1075

of the district school board and the such employee is discharged,

1076

his or her contract of employment shall be thereby canceled. Any

1077

such decision adverse to the employee may be appealed by the

1078

employee pursuant to s. 120.68, provided the such appeal is filed

1079

within 30 days after the decision of the district school board.

1080

(6)

1081

(b) Any member of the district administrative or

1082

supervisory staff, including any principal but excluding an

1083

employee specified in subsection (4), may be suspended or

1084

dismissed at any time during the term of the contract; however,

1085

the charges against him or her must be based on immorality,

1086

misconduct in office, incompetency, gross insubordination,

1087

willful neglect of duty, drunkenness, or crimes conviction of any

1088

crime involving moral turpitude, as these terms are defined by

1089

rule of the State Board of Education. Whenever such charges are

1090

made against an any such employee of the district school board,

1091

the district school board may suspend the employee without pay;

1092

but, if the charges are not sustained, he or she shall be

1093

immediately reinstated, and his or her back salary shall be paid.

1094

In cases of suspension by the district school board or by the

1095

district school superintendent, the district school board shall

1096

determine upon the evidence submitted whether the charges have

1097

been sustained and, if the charges are sustained, shall determine

1098

either to dismiss the employee or fix the terms under which he or

1099

she may be reinstated. If such charges are sustained by a

1100

majority vote of the full membership of the district school board

1101

and the such employee is discharged, his or her contract of

1102

employment shall be thereby canceled. Any such decision adverse

1103

to the employee may be appealed by him or her pursuant to s.

1104

120.68, provided such appeal is filed within 30 days after the

1105

decision of the district school board.

1106

Section 35. Subsection (4) of section 1012.34, Florida

1107

Statutes, is amended to read:

1108

1012.34 Assessment procedures and criteria.--

1109

(4) The district school superintendent shall notify the

1110

department of any instructional personnel who receive two

1111

consecutive unsatisfactory evaluations and who have been given

1112

written notice by the district that their employment is being

1113

terminated or is not being renewed or that the district school

1114

board intends to terminate, or not renew, their employment. The

1115

department shall conduct an investigation to determine whether

1116

action shall be taken against the certificateholder pursuant to

1117

s. 1012.795(1)(c) s. 1012.795(1)(b).

1118

Section 36. Subsections (9) and (14) of section 1012.56,

1119

Florida Statutes, are amended to read:

1120

1012.56 Educator certification requirements.--

1121

(9) BACKGROUND SCREENING REQUIRED, INITIALLY AND

1122

PERIODICALLY.--

1123

(a) Each person who seeks certification under this chapter

1124

must undergo state and national criminal history records checks

1125

pursuant to s. 435.04 and may not have been convicted of any

1126

disqualifying offense under s. 1012.315. An individual is exempt

1127

from undergoing an additional state and national criminal history

1128

records checks if the checks have meet level 2 screening

1129

requirements as described in s. 1012.32 unless a level 2

1130

screening has been conducted by a district school board or the

1131

Department of Education within 12 months before the date the

1132

person initially obtains certification under this chapter, the

1133

results of which are submitted to the district school board or to

1134

the Department of Education.

1135

(b) A person may not receive a certificate under this

1136

chapter until the person undergoes state and national criminal

1137

history records checks pursuant to s. 435.04 verifying that the

1138

person has not been convicted of a disqualifying offense as

1139

described in s. 1012.315, level 2 screening has been completed

1140

and the results have been submitted to the Department of

1141

Education or to the district school superintendent of the school

1142

district that employs the person. Every 5 years after obtaining

1143

initial certification, each person who is required to be

1144

certified under this chapter must meet the level 2 screening

1145

requirements as described in paragraph (a) s. 1012.32, at which

1146

time the school district shall request the Department of Law

1147

Enforcement to forward the fingerprints to the Federal Bureau of

1148

Investigation for national processing the level 2 screening. If,

1149

for any reason after obtaining initial certification, the

1150

fingerprints of a person who is required to be certified under

1151

this chapter are not retained by the Department of Law

1152

Enforcement under s. 1012.32(3)(a) and (b), the person must file

1153

a complete set of fingerprints with the district school

1154

superintendent of the employing school district. Upon submission

1155

of fingerprints for this purpose, the school district shall

1156

request the Department of Law Enforcement to forward the

1157

fingerprints to the Federal Bureau of Investigation for national

1158

processing the level 2 screening, and the fingerprints shall be

1159

retained by the Department of Law Enforcement under s.

1160

1012.32(3)(a) and (b). The cost of the state and federal criminal

1161

history check required by paragraph (a) and this paragraph level

1162

2 screening may be borne by the district school board or the

1163

employee. Under penalty of perjury, each person who is certified

1164

under this chapter must agree to inform his or her employer

1165

within 48 hours if convicted of any disqualifying offense while

1166

he or she is employed in a position for which such certification

1167

is required.

1168

1169

employed in a position requiring certification under this chapter

1170

is ineligible for employment under s. 1012.315 does not meet the

1171

level 2 screening requirements, the person's certification shall

1172

be immediately revoked or suspended and he or she shall be

1173

immediately suspended from the position requiring certification.

1174

(14) PERSONNEL RECORDS.--The Department of Education shall

1175

maintain an electronic database that includes, but need not be

1176

limited to, a complete statement of the academic preparation,

1177

professional training, and teaching experience of each person to

1178

whom a certificate is issued. The applicant or the district

1179

school superintendent shall furnish the information using a

1180

format or forms provided by the department.

1181

Section 37. Subsection (1) and paragraph (a) of subsection

1182

(8) of section 1012.79, Florida Statutes, are amended to read:

1183

1012.79 Education Practices Commission; organization.--

1184

(1) The Education Practices Commission consists of 25 17

1185

members, including 8 7 teachers;, 5 administrators, at least one

1186

of whom shall represent a private school; 7 and 5 lay citizens,

1187

(of whom 5 shall be parents of public school students and who are

1188

unrelated to public school employees and 2 shall be current or

1189

former district school board members;), and 5 sworn law

1190

enforcement officials, appointed by the State Board of Education

1191

from nominations by the Commissioner of Education and subject to

1192

Senate confirmation. Before Prior to making nominations, the

1193

commissioner shall consult with the teaching associations, parent

1194

organizations, law enforcement agencies, and other involved

1195

associations in the state. In making nominations, the

1196

commissioner shall attempt to achieve equal geographical

1197

representation, as closely as possible.

1198

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

1199

appointment:

1200

1. Must be certified to teach in the state.

1201

2. Must be a resident of the state.

1202

3. Must have practiced the profession in this state for at

1203

least 5 years immediately preceding the appointment.

1204

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

1205

for appointment:

1206

1. Must have an endorsement on the educator certificate in

1207

the area of school administration or supervision.

1208

2. Must be a resident of the state.

1209

3. Must have practiced the profession as an administrator

1210

for at least 5 years immediately preceding the appointment.

1211

1212

(d) The members who are law enforcement officials must have

1213

served in the profession for at least 5 years immediately

1214

preceding appointment and have background expertise in child

1215

safety.

1216

(8)(a) The commission shall, from time to time, designate

1217

members of the commission to serve on panels for the purpose of

1218

reviewing and issuing final orders upon cases presented to the

1219

commission. A case concerning a complaint against a teacher shall

1220

be reviewed and a final order thereon shall be entered by a panel

1221

composed of five commission members, at least one of whom must be

1222

a parent, one of whom must be a sworn law enforcement officer,

1223

and three of whom must shall be teachers. A case concerning a

1224

complaint against an administrator shall be reviewed and a final

1225

order thereon shall be entered by a panel composed of five

1226

commission members, at least one of whom must be a parent, one of

1227

whom must be a sworn law enforcement officer, and three of whom

1228

shall be administrators.

1229

Section 38. Subsection (1) of section 1012.795, Florida

1230

Statutes, is amended to read:

1231

1012.795 Education Practices Commission; authority to

1232

discipline.--

1233

(1) The Education Practices Commission may suspend the

1234

educator certificate of any person as defined in s. 1012.01(2) or

1235

(3) for a period of time not to exceed 5 years, thereby denying

1236

that person the right to teach or otherwise be employed by a

1237

district school board or public school in any capacity requiring

1238

direct contact with students for that period of time, after which

1239

the holder may return to teaching as provided in subsection (4);

1240

may revoke the educator certificate of any person, thereby

1241

denying that person the right to teach or otherwise be employed

1242

by a district school board or public school in any capacity

1243

requiring direct contact with students for a period of time not

1244

to exceed 10 years, with reinstatement subject to the provisions

1245

of subsection (4); may revoke permanently the educator

1246

certificate of any person thereby denying that person the right

1247

to teach or otherwise be employed by a district school board or

1248

public school in any capacity requiring direct contact with

1249

students; may suspend the educator certificate, upon order of the

1250

court, of any person found to have a delinquent child support

1251

obligation; or may impose any other penalty provided by law, if

1252

provided it can be shown that the person:

1253

(a) Obtained or attempted to obtain an educator certificate

1254

by fraudulent means.

1255

(b) Knowingly failed to report any suspected or actual

1256

child abuse pursuant to s. 1006.061 or misconduct by

1257

instructional personnel or school administrators under s.

1258

1012.795, which affects the health, safety, or welfare of a

1259

student.

1260

(c)(b) Has proved to be incompetent to teach or to perform

1261

duties as an employee of the public school system or to teach in

1262

or to operate a private school.

1263

(d)(c) Has been guilty of gross immorality or an act

1264

involving moral turpitude as defined by rules of the State Board

1265

of Education.

1266

(e)(d) Has had an educator certificate sanctioned by

1267

revocation, suspension, or surrender in another state.

1268

(f)(e) Has been convicted of a misdemeanor, felony, or any

1269

other criminal charge, other than a minor traffic violation.

1270

(g)(f) Upon investigation, has been found guilty of

1271

personal conduct which seriously reduces that person's

1272

effectiveness as an employee of the district school board.

1273

(h)(g) Has breached a contract, as provided in s.

1274

1012.33(2).

1275

(i)(h) Has been the subject of a court order directing the

1276

Education Practices Commission to suspend the certificate as a

1277

result of a delinquent child support obligation.

1278

(j)(i) Has violated the Principles of Professional Conduct

1279

for the Education Profession prescribed by State Board of

1280

Education rules.

1281

(k)(j) Has otherwise violated the provisions of law, the

1282

penalty for which is the revocation of the educator certificate.

1283

(l)(k) Has violated any order of the Education Practices

1284

Commission.

1285

(m)(l) Has been the subject of a court order or plea

1286

agreement in any jurisdiction which requires the

1287

certificateholder to surrender or otherwise relinquish his or her

1288

educator's certificate. A surrender or relinquishment shall be

1289

for permanent revocation of the certificate. A person may not

1290

surrender or otherwise relinquish his or her certificate prior to

1291

a finding of probable cause by the commissioner as provided in s.

1292

1012.796.

1293

Section 39. Subsections (1), (3), and (5) of section

1294

1012.796, Florida Statutes, are amended to read:

1295

1012.796 Complaints against teachers and administrators;

1296

procedure; penalties.--

1297

(1)(a) The Department of Education shall cause to be

1298

investigated expeditiously any complaint filed before it or

1299

otherwise called to its attention which, if legally sufficient,

1300

contains grounds for the revocation or suspension of a

1301

certificate or any other appropriate penalty as set forth in

1302

subsection (7). The complaint is legally sufficient if it

1303

contains the ultimate facts which show a violation has occurred

1304

as provided in s. 1012.795 and defined by rule. The department

1305

shall may investigate or continue to investigate and take

1306

appropriate action on a complaint even though the original

1307

complainant withdraws the complaint or otherwise indicates a

1308

desire not to cause it to be investigated or prosecuted to

1309

completion. The department may investigate or continue to

1310

investigate and take action on a complaint filed against a person

1311

whose educator certificate has expired if the act or acts that

1312

which are the basis for the complaint were allegedly committed

1313

while that person possessed an educator certificate.

1314

(b) The Department of Education shall investigate

1315

immediately any complaint filed before it or otherwise called to

1316

its attention which involves misconduct by any certificated

1317

personnel which affects the health, safety, or welfare of a

1318

student. The department must investigate or continue to

1319

investigate and take action on such a complaint filed against a

1320

person whose educator certificate has expired if the act or acts

1321

that are the basis for the complaint were allegedly committed

1322

while that person possessed an educator certificate.

1323

(c)(b) When an investigation is undertaken, the department

1324

shall notify the certificateholder or applicant for certification

1325

and the district school superintendent or the university

1326

laboratory school, charter school, or private school in which the

1327

certificateholder or applicant for certification is employed or

1328

was employed at the time the alleged offense occurred. In

1329

addition, the department shall inform the certificateholder or

1330

applicant for certification of the substance of any complaint

1331

which has been filed against that certificateholder or applicant,

1332

unless the department determines that such notification would be

1333

detrimental to the investigation, in which case the department

1334

may withhold notification.

1335

(d)(c) Each school district shall file in writing with the

1336

department all legally sufficient complaints within 30 days after

1337

the date on which subject matter of the complaint comes to the

1338

attention of the school district. A complaint is legally

1339

sufficient if it contains ultimate facts that show a violation

1340

has occurred as provided in s. 1012.795 and defined by rule. The

1341

school district shall include all information relating to the

1342

complaint which is known to the school district at the time of

1343

filing. Each district school board shall develop and adopt

1344

policies and procedures to comply with this reporting

1345

requirement. School board policies and procedures must include

1346

standards for screening, hiring, and terminating employees,

1347

ethical standards for all employees, responsibilities of

1348

educators to uphold the standards, detailed steps to be followed

1349

in reporting suspected or actual misconduct by instructional

1350

personnel or a school administrator which affects the health,

1351

safety, or welfare of a student, requirements for the

1352

reassignment of an employee pending the outcome of a misconduct

1353

investigation, and penalties for failing to comply pursuant to

1354

ss. 1001.51 and 1012.795. The district school board policies and

1355

procedures shall include appropriate penalties for all personnel

1356

of the district school board for nonreporting and procedures for

1357

promptly informing the district school superintendent of each

1358

legally sufficient complaint. The district school superintendent

1359

is charged with knowledge of these policies and procedures and is

1360

accountable for communicating the ethical standards, policies,

1361

and procedures, to be provided through professional development

1362

for all staff. If the district school superintendent has

1363

knowledge of a legally sufficient complaint and does not report

1364

the complaint, or fails to enforce the policies and procedures of

1365

the district school board, and fails to comply with the

1366

requirements of this subsection, in addition to other actions

1367

against certificateholders authorized by law, the district school

1368

superintendent is shall be subject to penalties as specified in

1369

s. 1001.51(12). If the superintendent determines that misconduct

1370

affecting the health, safety, or welfare of a student has

1371

occurred which warrants termination, the employee may resign or

1372

be terminated and a record, including information relating to the

1373

misconduct that resulted in the severance from employment, shall

1374

be reported to the Department of Education and maintained in the

1375

employee's public personnel file. This paragraph does not limit

1376

or restrict the power and duty of the department to investigate

1377

complaints as provided in paragraphs (a) and (c) (b), regardless

1378

of the school district's untimely filing, or failure to file,

1379

complaints and followup reports.

1380

(e) If allegations arise against an employee who is

1381

certified under s. 1012.56, and employed in an educator-

1382

certificated position by any school or provider in the state,

1383

such school or provider, or governing body thereof, shall file in

1384

writing with the department a legally sufficient complaint within

1385

30 days after the date on which the subject matter of the

1386

complaint came to the attention of the school or provider. A

1387

complaint is legally sufficient if it contains ultimate facts

1388

that show a violation has occurred as provided in s. 1012.795.

1389

The school or provider shall include all known information

1390

relating to the complaint with the filing of the complaint. This

1391

paragraph does not limit or restrict the power and duty of the

1392

department to investigate complaints as provided in paragraphs

1393

(a) and (c) regardless of the school's or provider's untimely

1394

filing, or failure to file, complaints and followup reports.

1395

(f)(d) Notwithstanding any other law, all law enforcement

1396

agencies, state attorneys, social service agencies, district

1397

school boards, and the Division of Administrative Hearings shall

1398

fully cooperate with and, upon request, shall provide unredacted

1399

documents to the Department of Education to further

1400

investigations and prosecutions conducted pursuant to this

1401

section. Any document received pursuant to this paragraph may not

1402

be redisclosed except as authorized by law.

1403

(3) The department staff shall advise the commissioner

1404

concerning the findings of the investigation. The department

1405

general counsel or members of that staff shall review the

1406

investigation and advise the commissioner concerning probable

1407

cause or lack thereof. The determination of probable cause shall

1408

be made by the commissioner. The commissioner shall provide an

1409

opportunity for a conference, if requested, prior to determining

1410

probable cause. The commissioner may enter into deferred

1411

prosecution agreements in lieu of finding probable cause if, when

1412

in his or her judgment, such agreements are would be in the best

1413

interests of the department, the certificateholder, and the

1414

public. Such deferred prosecution agreements shall become

1415

effective when filed with the clerk of the Education Practices

1416

Commission. However, a deferred prosecution agreement shall not

1417

be entered into if where there is probable cause to believe that

1418

a felony or an act of moral turpitude, as defined in rule, has

1419

occurred. Upon finding no probable cause, the commissioner shall

1420

dismiss the complaint.

1421

(5) When an allegation of misconduct with a student by

1422

instructional personnel or a school administrator, as defined in

1423

s. 1012.01, occurs deemed necessary to protect the health,

1424

safety, and welfare of a minor student, the district school

1425

superintendent in consultation with the school principal, or may,

1426

and upon the request of the Commissioner of Education, must

1427

immediately shall, temporarily suspend the employee a

1428

certificateholder from the certificateholder's regularly assigned

1429

duties, with pay, and reassign the suspended instructor or

1430

administrator certificateholder to a position that does not

1431

require direct contact with students in the district school

1432

system. Such suspension shall continue until the completion of

1433

the proceedings and the determination of sanctions, if any,

1434

pursuant to this section and s. 1012.795.

1435

Section 40. Paragraph (b) of subsection (4) of section

1436

1012.98, Florida Statutes, is amended to read:

1437

1012.98 School Community Professional Development Act.--

1438

(4) The Department of Education, school districts, schools,

1439

community colleges, and state universities share the

1440

responsibilities described in this section. These

1441

responsibilities include the following:

1442

(b) Each school district shall develop a professional

1443

development system as specified in subsection (3). The system

1444

shall be developed in consultation with teachers, teacher-

1445

educators of community colleges and state universities, business

1446

and community representatives, and local education foundations,

1447

consortia, and professional organizations. The professional

1448

development system must:

1449

1. Be approved by the department. All substantial revisions

1450

to the system shall be submitted to the department for review for

1451

continued approval.

1452

2. Be based on analyses of student achievement data and

1453

instructional strategies and methods that support rigorous,

1454

relevant, and challenging curricula for all students. Schools and

1455

districts, in developing and refining the professional

1456

development system, shall also review and monitor school

1457

discipline data; school environment surveys; assessments of

1458

parental satisfaction; performance appraisal data of teachers,

1459

managers, and administrative personnel; and other performance

1460

indicators to identify school and student needs that can be met

1461

by improved professional performance.

1462

3. Provide inservice activities coupled with followup

1463

support appropriate to accomplish district-level and school-level

1464

improvement goals and standards. The inservice activities for

1465

instructional personnel shall focus on analysis of student

1466

achievement data, ongoing formal and informal assessments of

1467

student achievement, identification and use of enhanced and

1468

differentiated instructional strategies that emphasize rigor,

1469

relevance, and reading in the content areas, enhancement of

1470

subject content expertise, integrated use of classroom technology

1471

that enhances teaching and learning, classroom management, parent

1472

involvement, and school safety.

1473

4. Include a master plan for inservice activities, pursuant

1474

to rules of the State Board of Education, for all district

1475

employees from all fund sources. The master plan shall be updated

1476

annually by September 1, must be based on input from teachers and

1477

district and school instructional leaders, and must use the

1478

latest available student achievement data and research to enhance

1479

rigor and relevance in the classroom. Each district inservice

1480

plan must be aligned to and support the school-based inservice

1481

plans and school improvement plans pursuant to s. 1001.42(18) s.

1482

1001.42(16). District plans must be approved by the district

1483

school board annually in order to ensure compliance with

1484

subsection (1) and to allow for dissemination of research-based

1485

best practices to other districts. District school boards must

1486

submit verification of their approval to the Commissioner of

1487

Education no later than October 1, annually.

1488

5. Require each school principal to establish and maintain

1489

an individual professional development plan for each

1490

instructional employee assigned to the school as a seamless

1491

component to the school improvement plans developed pursuant to

1492

s. 1001.42(18) s. 1001.42(16). The individual professional

1493

development plan must:

1494

a. Be related to specific performance data for the students

1495

to whom the teacher is assigned.

1496

b. Define the inservice objectives and specific measurable

1497

improvements expected in student performance as a result of the

1498

inservice activity.

1499

c. Include an evaluation component that determines the

1500

effectiveness of the professional development plan.

1501

6. Include inservice activities for school administrative

1502

personnel that address updated skills necessary for instructional

1503

leadership and effective school management pursuant to s.

1504

1012.986.

1505

7. Provide for systematic consultation with regional and

1506

state personnel designated to provide technical assistance and

1507

evaluation of local professional development programs.

1508

8. Provide for delivery of professional development by

1509

distance learning and other technology-based delivery systems to

1510

reach more educators at lower costs.

1511

9. Provide for the continuous evaluation of the quality and

1512

effectiveness of professional development programs in order to

1513

eliminate ineffective programs and strategies and to expand

1514

effective ones. Evaluations must consider the impact of such

1515

activities on the performance of participating educators and

1516

their students' achievement and behavior.

1517

Section 41. Subsection (4) of section 1013.03, Florida

1518

Statutes, is amended to read:

1519

1013.03 Functions of the department and the Board of

1520

Governors.--The functions of the Department of Education as it

1521

pertains to educational facilities of school districts and

1522

community colleges and of the Board of Governors as it pertains

1523

to educational facilities of state universities shall include,

1524

but not be limited to, the following:

1525

(4) Require each board and other appropriate agencies to

1526

submit complete and accurate financial data as to the amounts of

1527

funds from all sources that are available and spent for

1528

construction and capital improvements. The commissioner shall

1529

prescribe the format and the date for the submission of this data

1530

and any other educational facilities data. If any district does

1531

not submit the required educational facilities fiscal data by the

1532

prescribed date, the Commissioner of Education shall notify the

1533

district school board of this fact and, if appropriate action is

1534

not taken to immediately submit the required report, the district

1535

school board shall be directed to proceed pursuant to s.

1536

1001.42(13)(b) the provisions of s. 1001.42(11)(b). If any

1537

community college or university does not submit the required

1538

educational facilities fiscal data by the prescribed date, the

1539

same policy prescribed in this subsection for school districts

1540

shall be implemented.

1541

Section 42. This act shall take effect July 1, 2008.