Proposed Committee Substitute by the Committee on Education Pre-K

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A bill to be entitled

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An act relating to ethics; providing a short title;

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

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funding; conforming cross-references; amending s.

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112.3173, F.S.; specifying certain additional offenses

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

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

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paying benefits to a member who has committed certain

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felony offenses against a minor; amending s. 1001.03,

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F.S.; requiring the State Board of Education to adopt by

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rule a list of specified criminal acts that disqualify a

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person from acquiring or retaining a teaching certificate;

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

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Education to assist school districts, charter schools, the

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Florida School for the Deaf and the Blind, and private

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schools and providers in developing policies and

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procedures governing educator ethics and employment;

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amending s. 1001.32, F.S., relating to school

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administration; conforming a cross-reference; amending s.

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1001.42, F.S.; requiring each district school board to

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adopt ethical standards for all employees; prohibiting

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confidentiality agreements regarding terminated or

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dismissed employees which have the effect of concealing

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certain conduct; requiring each district school board to

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adopt a list of criminal acts that disqualify a person

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having direct contact with students from employment;

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providing that a district school board official that

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knowingly signs or transmits a false report, fails to

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support policies which ensure investigation of reports, or

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fails to report allegations of educator misconduct

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forfeits his or her salary for a specified period;

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amending s. 1001.452, F.S., relating to district and

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school advisory councils; conforming cross-references;

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

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school superintendent or district school board member

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forfeits his or her salary for a specified period

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following failure to report allegations of misconduct by

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an educator; amending ss. 1001.54 and 1002.32, F.S.,

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relating to duties of principals and lab schools;

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conforming cross-references; amending s. 1002.33, F.S.;

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requiring charter schools to adopt a list of criminal acts

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that disqualify a person having direct contact with

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students from employment; requiring charter schools to

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adopt ethical standards for all employees; prohibiting

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confidentiality agreements regarding terminated or

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dismissed employees which have the effect of concealing

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certain conduct; requiring the school to contact the prior

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employer and assess a candidate's ability to meet ethical

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standards; requiring the immediate suspension of an

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employee upon an allegation of misconduct; requiring the

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school to contact the previous employer of each candidate

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for employment and notify the Department of Education of

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the termination of an employee, regardless of cause;

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requiring the charter school sponsor to suspend the

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school's charter for failing to comply with these

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requirements; amending s. 1002.36, F.S.; requiring the

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Florida School for the Deaf and the Blind to meet certain

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requirements governing the screen of educators; amending

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ss. 1002.421 and 1002.55, F.S.; requiring owners of

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certain private schools and private prekindergarten

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providers to adopt a list of criminal acts that disqualify

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a person having direct contact with students from

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employment; requiring such owners and providers to adopt

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ethical standards for all employees; prohibiting

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confidentiality agreements regarding terminated or

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dismissed employees which have the effect of concealing

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certain conduct; requiring such owners and providers to

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contact the previous employer of each candidate for

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employment and notify the Department of Education of the

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termination of an employee, regardless of cause; amending

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ss. 1002.61, 1002.63, 1002.65, 1003.413, 1003.53, and

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1004.92, F.S., relating to prekindergarten programs and

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instructors, the Florida Secondary School Redesign Act,

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dropout prevention, and career education; conforming

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

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each district school board to post its policies and

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procedures for reporting misconduct by educators and the

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penalties imposed for failing to report suspected or

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actual child abuse; amending ss. 1007.21, 1007.23,

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1008.33, 1008.345, 1010.215, and 1011.18, F.S., relating

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to readiness for postsecondary education and the

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workplace, the statewide articulation agreement, public

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school improvement and educator accountability, funding

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accountability, and school depositories; conforming cross-

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references; amending s. 1012.27, F.S.; requiring the

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district school superintendent to contact the previous

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employer of each candidate for employment and notify the

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Department of Education of the termination of an employee,

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regardless of cause; amending s. 1012.33, F.S.; providing

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that just cause for terminating instructional staff

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includes immorality or the commission of a criminal act;

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amending s. 1012.34, F.S., relating to assessment

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procedures; conforming a cross-reference; amending s.

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1012.56, F.S., relating to certification requirements for

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educators; providing for the Department of Education to

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maintain personnel records on an electronic database;

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amending s. 1012.79, F.S.; providing for additional

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members to be appointed to the Education Practices

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Commission; revising the composition of the panel

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appointed to review complaints against teachers; amending

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s. 1012.795, F.S.; providing for suspending the educator

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certificate of a person who knowingly fails to report

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child abuse or suspected or actual misconduct by an

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educator; requiring each district school superintendent

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and the governing authority of certain schools to report

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to the department the names of employees dismissed for any

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reason; providing sanctions for failing to make such

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reports; amending s. 1012.796, F.S.; requiring that the

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Department of Education investigate each complaint;

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clarifying what constitutes a legally sufficient

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complaint; providing requirements for adopted school board

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policies and procedures; providing that the district

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school superintendent is accountable for communicating

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standards, policies, and procedures to district employees;

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requiring that an educator be immediately suspended and

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reassigned upon an allegation of educator misconduct;

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amending ss. 1012.98 and 1013.03, F.S., relating to the

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School Community Professional Development Act and

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functions of the department and Board of Governors;

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conforming cross-references; providing an 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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     (c)  A portion of such net revenues, as determined annually

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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

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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.  Present subsections (3) through (15) of section

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1001.03, Florida Statutes, are redesignated as subsections (4)

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through (16), respectively, and a new subsection (3) is added to

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that section, to read:

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     1001.03  Specific powers of State Board of Education.--

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     (3) ESTABLISH CRIMINAL ACTS DISQUALIFYING A PERSON FROM

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ACQUIRING OR RETAINING A FLORIDA EDUCATOR CERTIFICATE.--The State

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Board of Education shall establish and adopt by rule a list of

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criminal acts that disqualify a person from acquiring or

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retaining a Florida Educator Certificate when a court of

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competent jurisdiction has entered a judgment of conviction. The

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board shall review the list annually and amend the list as

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necessary. A criminal act committed in another state or under

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

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this state, shall be considered for purposes of disqualification

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as if the act was committed in this state. The list of criminal

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acts must include, at minimum, offenses included in s. 435.04,

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crimes involving moral turpitude, and the following:

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

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child.

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     (b) Section 794.05, relating to unlawful sexual activity

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with certain minors.

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     (c) Section 810.14, relating to voyeurism.

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     (d) Section 810.145, relating to video voyeurism.

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     (e) 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 6.  Present subsection (4) of section 1001.10,

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Florida Statutes, is redesignated as subsection (5), and a new

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subsection (4) is 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 Commissioner of Education shall provide technical

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assistance and support to local school districts, charter

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

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schools that accept scholarship students under chapter 1002 or s.

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220.187, and private providers pursuant to s. 1002.55 in the

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development of policies, procedures, and training related to

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educator ethics and employment practices.

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     Section 7.  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 8.  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 an educator which affects the health, safety, or

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welfare of a student and an explanation of liability protections

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

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39.202, and 768.095 who report the suspected or actual

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misconduct. A district school board or any of its employees may

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not enter into a confidentiality agreement regarding a terminated

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or dismissed employee or an employee who resigns in lieu of

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termination based 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) ESTABLISH CRIMINAL ACTS DISQUALIFYING A PERSON FROM

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EMPLOYMENT.--Establish and adopt a list of criminal acts that

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disqualify a person from employment in a position that involves

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direct contact with students. The list must include, at minimum,

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criminal acts identified pursuant to s. 1001.03(3). The district

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school board shall review the list annually and amend the list as

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necessary. A criminal act committed in another state or under

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

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this state, shall be considered for purposes of disqualification

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as if the act was committed in this state. An elected or

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appointed school board official who knowingly signs and transmits

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to any 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 an educator

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which affects the health, safety, or welfare of a student and the

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reporting of allegations of misconduct by an educator which

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affects the health, safety, or welfare of a student pursuant to

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s. 1012.796 forfeits his or her salary for 1 year.

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     Section 9.  Paragraphs (a) and (c) of subsection (1) and

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

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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

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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

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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

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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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     (c)  For those schools operating for the purpose of

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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

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

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

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school advisory council shall assist in the preparation and

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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

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Department of Education, each school advisory council shall

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

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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

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councils must be used for implementing the school improvement

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plan.

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     Section 10.  Subsection (12) of section 1001.51, Florida

410

Statutes, is amended to read:

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     1001.51  Duties and responsibilities of district school

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superintendent.--The district school superintendent shall

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exercise all powers and perform all duties listed below and

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

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advise and counsel with the district school board. The district

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school superintendent shall perform all tasks necessary to make

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sound recommendations, nominations, proposals, and reports

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

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All such recommendations, nominations, proposals, and reports by

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the district school superintendent shall be either recorded in

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

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

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

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this section, the recommendations, nominations, and proposals

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required of the district school superintendent were not contrary

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

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

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

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

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approved by the district school board; ensure that such records

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

432

required, as follows:

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

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accurately keep all records and promptly make in proper form all

435

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

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Board of Education; recommend the keeping of such additional

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records and the making of such additional reports as may be

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deemed necessary to provide data essential for the operation of

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

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required and ensure that these records and reports are properly

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prepared.

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

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

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

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department and transmit promptly all such reports, when approved,

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

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

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

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school superintendent must be withheld until the report has been

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properly submitted. Unless otherwise provided by rules of the

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State Board of Education, the annual report on attendance and

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

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

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by the commissioner.

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Any district school superintendent who knowingly signs and

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transmits to any state official a false or incorrect report or

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who fails to investigate all reports of suspected or actual

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misconduct by an educator which affects the health, safety, or

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welfare of a student or report allegations of misconduct by an

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

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student pursuant to s. 1012.796 forfeits shall forfeit his or her

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right to any salary for the period of 1 year following the from

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that date of such act or failure to act.

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     Section 11.  Subsection (2) of section 1001.54, Florida

466

Statutes, is amended to read:

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     1001.54  Duties of school principals.--

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     (2)  Each school principal shall provide instructional

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leadership in the development, revision, and implementation of a

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

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1001.42(16).

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     Section 12.  Paragraph (b) of subsection (11) of section

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1002.32, Florida Statutes, is amended to read:

474

     1002.32  Developmental research (laboratory) schools.--

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

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

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

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exceptions shall be permitted for lab schools:

479

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

480

1001.42 shall be held in abeyance. Reference to district school

481

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

482

of the university or the president's designee.

483

     Section 13.  Paragraph (g) of subsection (12) of section

484

1002.33, Florida Statutes, is amended to read:

485

     1002.33  Charter schools.--

486

     (12)  EMPLOYEES OF CHARTER SCHOOLS.--

487

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

488

students, a charter school board shall:

489

     1. A charter school shall Employ or contract with employees

490

who have undergone background screening as provided in s.

491

1012.32. Members of the governing board of the charter school

492

shall also undergo background screening in a manner similar to

493

that provided in s. 1012.32.

494

2. Establish and adopt a list of criminal acts that

495

disqualify a person from employment in a position that involves

496

direct contact with students. The list must, at minimum, include

497

criminal acts identified pursuant to s. 1001.03(3). The charter

498

school board shall review the list annually and amend the list as

499

necessary. A criminal act committed in another state or under

500

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

501

this state shall, for purposes of disqualification, be considered

502

as if the act was committed in this state.

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 an

508

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

509

student and an explanation of liability protections provided to

510

students, parents, and employees under ss. 39.201, 39.202, and

511

768.095 who report suspected or actual misconduct that affects

512

the health, safety, or welfare of a student. A charter school or

513

any of its employees may not enter into a confidentiality

514

agreement regarding a terminated or dismissed employee or an

515

employee who resigns in lieu of termination based on unethical

516

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

517

and may not provide the employee with a favorable recommendation

518

for employment in another educational setting. Any portion of an

519

agreement or contract that has the purpose or effect of

520

concealing the conduct of an educator regarding actions over

521

which the Education Practices Commission has disciplinary

522

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

523

be enforced.

524

     4. Before appointing a candidate to any position, contact

525

the previous employer of the candidate to assess the candidate's

526

ability to meet ethical standards for professional educators,

527

screen the candidate through the use of educator screening tools

528

provided by the Department of Education, and document findings.

529

     5. Immediately suspend an educator from his or her

530

regularly assigned duties and reassign the suspended educator to

531

a position that does not require direct contact with students if

532

an allegation of educator misconduct is made about that educator

533

which affects the health, safety, or welfare of a student. Such

534

suspension shall continue until the completion of an

535

investigation by a local law enforcement agency or the Department

536

of Education and the determination of sanctions, if any, pursuant

537

to ss. 1012.795 and 1012.796.

538

     6. Report to the Department of Education the name of any

539

person who has been dismissed or severed from employment for any

540

reason, regardless of cause. The Department of Education shall

541

include termination information on a secure website for use by

542

authorized school district and charter school personnel, private

543

schools that accept scholarship students pursuant to chapter 1002

544

or s. 220.187, or private providers pursuant to s. 1002.55.

545

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

546

with this paragraph shall terminate the charter pursuant to

547

subsection (8).

548

     Section 14.  Paragraph (g) is added to subsection (7) of

549

section 1002.36, Florida Statutes, to read:

550

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

551

     (7)  PERSONNEL SCREENING.--

552

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

553

welfare of students and the ethical standards for professional

554

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

555

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

556

1001.03, 1001.42, 1001.51, 1006.061, 1012.27, 1012.33, 1012.795,

557

and 1012.796.

558

     Section 15.  Present subsections (4), (5), and (6) of

559

section 1002.421, Florida Statutes, are redesignated as

560

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

561

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

562

     1002.421  Accountability of private schools participating in

563

state school choice scholarship programs.--

564

     (4) A private school participating in a scholarship program

565

under this section shall:

566

     (a) Establish and adopt a list of criminal acts that

567

disqualify a person from employment in a position that involves

568

direct contact with students. The list must, at minimum, include

569

criminal acts identified pursuant to s. 1001.03(3). The private

570

school shall review the list annually and amend the list as

571

necessary. A criminal act committed in another state or under

572

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

573

this state, shall be considered for purposes of disqualification

574

as if the act was committed in this state.

575

     (b) Adopt and communicate policies and procedures setting

576

forth ethical standards for all employees and include policies

577

and procedures in professional development for all staff. The

578

policies and procedures must include responsibilities and

579

procedures for reporting suspected or actual misconduct by an

580

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

581

student and an explanation of liability protections provided to

582

students, parents, and employees under ss. 39.201, 39.202, and

583

768.095 who report suspected or actual misconduct that affects

584

the health, safety, or welfare of a student. A private school or

585

any of its employees may not enter into a confidentiality

586

agreement regarding a terminated or dismissed employee or an

587

employee who resigns in lieu of termination based on unethical

588

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

589

and may not provide the employee with a favorable recommendation

590

for employment in another educational setting. Any portion of an

591

agreement or contract that has the purpose or effect of

592

concealing the conduct of an educator regarding actions over

593

which the Education Practices Commission has disciplinary

594

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

595

be enforced.

596

     (c) Prior to appointing a candidate to any position,

597

contact the previous employer of the candidate to assess the

598

candidate's ability to meet ethical standards for professional

599

educators, screen the candidate through the use of educator

600

screening tools provided by the Department of Education, and

601

document findings.

602

     (d) Immediately suspend an educator from his or her

603

regularly assigned duties and reassign the suspended educator to

604

a position that does not require direct contact with students if

605

an allegation of educator misconduct is made affects the health,

606

safety, or welfare of a student which involves that educator.

607

Such suspension shall continue until the completion of an

608

investigation by a local law enforcement agency or the Department

609

of Education and the determination of sanctions, if any, pursuant

610

to ss. 1012.795 and 1012.796.

611

     (e) Report to the Department of Education the name of any

612

person who has been dismissed or severed from employment for any

613

reason, regardless of cause. The Department of Education shall

614

include termination information on a secure website for use by

615

authorized school district and charter school personnel, private

616

schools that accept scholarship students pursuant to chapter 1002

617

or s. 220.187, or private providers pursuant to s. 1002.55.

618

     (f) The department shall prohibit a private school that

619

accepts educational scholarships under chapter 1002 or s.

620

220.187, or a private provider pursuant to s. 1002.55 which fails

621

to comply with this subsection from accepting students and

622

disqualify the private school from accepting state funds for a

623

period of 1 calendar year and until the private school complies

624

with this subsection. The Education Practices Commission shall

625

impose applicable certification sanctions pursuant to s.

626

1012.795.

627

     Section 16.  Present subsections (2), (3), and (4) of

628

section 1002.55, Florida Statutes, are renumbered as subsections

629

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

630

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

631

amended, to read:

632

     1002.55  School-year prekindergarten program delivered by

633

private prekindergarten providers.--

634

     (2) A private provider participating in the Voluntary

635

Prekindergarten Education Program under this section shall:

636

     (a) Establish and adopt a list of criminal acts that

637

disqualify a person from employment in a position that involves

638

direct contact with students. The list must, at a minimum,

639

include criminal acts identified pursuant to s. 1001.03(3). The

640

private provider shall review the list annually and amend the

641

list as necessary. A criminal act committed in another state or

642

under federal law, the elements of which constitute a criminal

643

act in this state, shall be considered for purposes of

644

disqualification as if the act was committed in this state.

645

     (b) Adopt and communicate policies and procedures setting

646

forth ethical standards for all employees and include such

647

policies and procedures in professional development for all

648

staff. The policies and procedures must include responsibilities

649

and procedures for reporting suspected or actual misconduct by an

650

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

651

student and an explanation of liability protections provided to

652

students, parents, and employees under ss. 39.201, 39.202, and

653

768.095 who report suspected or actual misconduct that affects

654

the health, safety, or welfare of a student. A private provider

655

or any of its employees may not enter into a confidentiality

656

agreement regarding a terminated or dismissed employee or an

657

employee who resigns in lieu of termination based on unethical

658

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

659

and may not provide the employee with a favorable recommendation

660

for employment in another educational setting. A portion of an

661

agreement or contract that has the purpose or effect of

662

concealing the conduct of an educator regarding actions over

663

which the Education Practices Commission has disciplinary

664

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

665

be enforced.

666

     (c) Prior to appointing a candidate to any position,

667

contact the previous employer of the candidate to assess the

668

candidate's ability to meet ethical standards for professional

669

educators, screen the candidate through the use of educator

670

screening tools provided by the Department of Education, and

671

document findings.

672

     (d) Immediately suspend an educator from his or her

673

regularly assigned duties and reassign the suspended educator to

674

a position that does not require direct contact with students

675

when an allegation of educator misconduct is made which affects

676

the health, safety, or welfare of a student and which involves

677

that educator. Such suspension shall continue until the

678

completion of an investigation by a local law enforcement agency

679

or the Department of Education and the determination of

680

sanctions, if any, pursuant to ss. 1012.795 and 1012.796.

681

     (e) Report to the Department of Education the name of any

682

person who has been dismissed or severed from employment for any

683

reason, regardless of cause. The Department of Education shall

684

include termination information on a secure website for use by

685

authorized school district and charter school personnel, private

686

schools that accept scholarship students pursuant to chapter 1002

687

or s. 220.187, or private providers pursuant to s. 1002.55.

688

     (f) The department shall prohibit a private provider that

689

fails to comply with this subsection from accepting students and

690

disqualify the private provider from accepting state funds for a

691

period of 1 calendar year and until the provider complies with

692

this subsection. The Education Practices Commission shall impose

693

applicable certification sanctions pursuant to s. 1012.795.

694

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

695

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

696

may hold one of the following educational credentials:

697

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

698

education, prekindergarten or primary education, preschool

699

education, or family and consumer science;

700

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

701

if the prekindergarten instructor has been certified to teach

702

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

703

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

704

the instructor is not ineligible to teach in a public school

705

because his or her educator certificate is suspended or revoked;

706

     (c)  An associate's or higher degree in child development;

707

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

708

at least 6 credit hours in early childhood education or child

709

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

710

providing child care services for children any age from birth

711

through 8 years of age; or

712

     (e)  An educational credential approved by the department as

713

being equivalent to or greater than an educational credential

714

described in this subsection. The department may adopt criteria

715

and procedures for approving equivalent educational credentials

716

under this paragraph.

717

     Section 17.  Subsections (4) and (6) of section 1002.61,

718

Florida Statutes, are amended to read:

719

     1002.61  Summer prekindergarten program delivered by public

720

schools and private prekindergarten providers.--

721

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

722

1002.63(5), each public school and private prekindergarten

723

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

724

prekindergarten instructor who:

725

     (a)  Is a certified teacher; or

726

     (b)  Holds one of the educational credentials specified in

727

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

728

729

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

730

teacher holding a valid Florida educator certificate under s.

731

1012.56 who has the qualifications required by the district

732

school board to instruct students in the summer prekindergarten

733

program. In selecting instructional staff for the summer

734

prekindergarten program, each school district shall give priority

735

to teachers who have experience or coursework in early childhood

736

education.

737

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

738

1002.63(7), each prekindergarten class in the summer

739

prekindergarten program, regardless of whether the class is a

740

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

741

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

742

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

743

each public school or private prekindergarten provider must also

744

provide appropriate adult supervision for students at all times.

745

This subsection does not supersede any requirement imposed on a

746

provider under ss. 402.301-402.319.

747

     Section 18.  Subsections (5) and (7) of section 1002.63,

748

Florida Statutes, are amended to read:

749

     1002.63  School-year prekindergarten program delivered by

750

public schools.--

751

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

752

class, at least one prekindergarten instructor who meets each

753

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

754

prekindergarten instructor of a private prekindergarten provider.

755

     (7)  Each prekindergarten class in a public school

756

delivering the school-year prekindergarten program must have be

757

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

758

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

759

school must also provide appropriate adult supervision for

760

students at all times and, for each prekindergarten class

761

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

762

prekindergarten instructor who meets the requirements of s.

763

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

764

prekindergarten instructor who is not required to meet those

765

requirements but who must meet each requirement of subsection

766

(6).

767

     Section 19.  Paragraph (a) of subsection (2) of section

768

1002.65, Florida Statutes, is amended to read:

769

     1002.65  Professional credentials of prekindergarten

770

instructors; aspirational goals; legislative intent.--

771

     (2)  To improve these educational outcomes, the Legislature

772

intends that all prekindergarten instructors will continue to

773

improve their skills and preparation through education and

774

training, so that the following aspirational goals will be

775

achieved:

776

     (a)  By the 2010-2011 school year:

777

     1. Each prekindergarten class must will have at least one

778

prekindergarten instructor who holds an associate's or higher

779

degree in the field of early childhood education or child

780

development; and

781

     2.  For each prekindergarten class composed of 11 or more

782

students, in addition to a prekindergarten instructor who meets

783

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

784

least one prekindergarten instructor who meets the requirements

785

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

786

     Section 20.  Subsection (2) of section 1003.413, Florida

787

Statutes, is amended to read:

788

     1003.413  Florida Secondary School Redesign Act.--

789

     (2)  The following guiding principles for secondary school

790

redesign shall be used in the annual preparation of each

791

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

792

1001.42(16):

793

     (a)  Struggling students, especially those in failing

794

schools, need the highest quality teachers and dramatically

795

different, innovative approaches to teaching and learning.

796

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

797

reading improvement.

798

     (c)  Quality professional development provides teachers and

799

principals with the tools they need to better serve students.

800

     (d)  Small learning communities allow teachers to

801

personalize instruction to better address student learning

802

styles, strengths, and weaknesses.

803

     (e)  Intensive intervention in reading and mathematics must

804

occur early and through innovative delivery systems.

805

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

806

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

807

act early on behalf of their child.

808

     (g)  Applied and integrated courses help students see the

809

relationships between subjects and relevance to their futures.

810

     (h)  School is more relevant when students choose courses

811

based on their goals, interests, and talents.

812

     (i)  Master schedules should not determine instruction and

813

must be designed based on student needs, not adult or

814

institutional needs.

815

     (j)  Academic and career planning engages students in

816

developing a personally meaningful course of study so they can

817

achieve goals they have set for themselves.

818

     Section 21.  Paragraph (b) of subsection (2) of section

819

1003.53, Florida Statutes, is amended to read:

820

     1003.53  Dropout prevention and academic intervention.--

821

     (2)

822

     (b)  Each school that establishes a dropout prevention and

823

academic intervention program at that school site shall reflect

824

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

825

1001.42(18) s. 1001.42(16).

826

     Section 22.  Subsections (1) and (3) of section 1004.92,

827

Florida Statutes, are amended to read:

828

     1004.92  Purpose and responsibilities for career

829

education.--

830

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

831

who complete career programs to attain and sustain employment and

832

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

833

to identify issues related to career education for which school

834

boards and community college boards of trustees are accountable.

835

It is the intent of the Legislature that the standards

836

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

837

accountability standards for public schools pursuant to ss.

838

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

839

colleges pursuant to s. 1008.45.

840

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

841

shall establish a center advisory council pursuant to s.

842

1001.452. The center advisory council shall assist in the

843

preparation and evaluation of center improvement plans required

844

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

845

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

846

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

847

s. 1008.385(1).

848

     Section 23.  Present subsection (2) of section 1006.061,

849

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

850

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

851

     1006.061  Child abuse, abandonment, and neglect

852

policy.--Each district school board shall:

853

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

854

and on each school website, the school board policies and

855

procedures for reporting suspected or actual misconduct by an

856

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

857

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

858

made, and the penalties imposed against an educator for failing

859

to report suspected or actual child abuse pursuant to s. 1006.061

860

or educator misconduct, pursuant to s. 1012.795, which affects

861

the health, safety, or welfare of a student.

862

     Section 24.  Paragraph (c) of subsection (2) of section

863

1007.21, Florida Statutes, is amended to read:

864

     1007.21  Readiness for postsecondary education and the

865

workplace.--

866

     (2)

867

     (c) The common placement test authorized in ss. 1001.03(11)

868

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

869

all high school second semester sophomores who have chosen one of

870

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

871

used to target additional instructional needs in reading,

872

writing, and mathematics prior to graduation.

873

     Section 25.  Subsection (5) of section 1007.23, Florida

874

Statutes, is amended to read:

875

     1007.23  Statewide articulation agreement.--

876

     (5)  The articulation agreement must guarantee the

877

articulation of 9 credit hours toward a postsecondary degree in

878

early childhood education for programs approved by the State

879

Board of Education and the Board of Governors which:

880

     (a)  Award a child development associate credential issued

881

by the National Credentialing Program of the Council for

882

Professional Recognition or award a credential approved under s.

883

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

884

being equivalent to the child development associate credential;

885

and

886

     (b)  Include training in emergent literacy which meets or

887

exceeds the minimum standards for training courses for

888

prekindergarten instructors of the Voluntary Prekindergarten

889

Education Program in s. 1002.59.

890

     Section 26.  Subsection (4) of section 1008.33, Florida

891

Statutes, is amended to read:

892

     1008.33  Authority to enforce public school improvement.--It

893

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

894

accountable for students performing at acceptable levels. A

895

system of school improvement and accountability that assesses

896

student performance by school, identifies schools in which

897

students are not making adequate progress toward state standards,

898

institutes appropriate measures for enforcing improvement, and

899

provides rewards and sanctions based on performance shall be the

900

responsibility of the State Board of Education.

901

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

902

of Education or Chief Financial Officer to withhold any transfer

903

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

904

specified in state board action, the school district has failed

905

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

906

performing schools. Withholding the transfer of funds shall occur

907

only after all other recommended actions for school improvement

908

have failed to improve performance. The State Board of Education

909

may impose the same penalty on any district school board that

910

fails to develop and implement a plan for assistance and

911

intervention for low-performing schools as specified in s.

912

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

913

     Section 27.  Paragraph (c) of subsection (6) of section

914

1008.345, Florida Statutes, is amended to read:

915

     1008.345  Implementation of state system of school

916

improvement and education accountability.--

917

     (6)

918

     (c)  Pursuant to s. 24.121(5)(d), the department shall not

919

release funds from the Educational Enhancement Trust Fund to any

920

district in which a school, including schools operating for the

921

purpose of providing educational services to youth in Department

922

of Juvenile Justice programs, does not have an approved school

923

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

924

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

925

comply with school advisory council membership composition

926

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

927

technical assistance team to each school without an approved plan

928

to develop such school improvement plan or to each school without

929

appropriate school advisory council membership composition to

930

develop a strategy for corrective action. The department shall

931

release the funds upon approval of the plan or upon establishment

932

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

933

public of the department's intervention and shall identify each

934

school without a plan or without appropriate school advisory

935

council membership composition.

936

     Section 28.  Subsection (5) of section 1010.215, Florida

937

Statutes, is amended to read:

938

     1010.215  Educational funding accountability.--

939

     (5)  The annual school public accountability report required

940

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

941

financial report. The purpose of the school financial report is

942

to better inform parents and the public concerning how funds were

943

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

944

school's financial report must follow a uniform, districtwide

945

format that is easy to read and understand.

946

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

947

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

948

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

949

federal funds; and private donations.

950

     (b)  Expenditures must be reported as the total expenditures

951

per unweighted full-time equivalent student at the school level

952

and the average expenditures per full-time equivalent student at

953

the district and state levels in each of the following categories

954

and subcategories:

955

     1.  Teachers, excluding substitute teachers, and education

956

paraprofessionals who provide direct classroom instruction to

957

students enrolled in programs classified by s. 1011.62 as:

958

     a.  Basic programs;

959

     b.  Students-at-risk programs;

960

     c.  Special programs for exceptional students;

961

     d.  Career education programs; and

962

     e.  Adult programs.

963

     2.  Substitute teachers.

964

     3.  Other instructional personnel, including school-based

965

instructional specialists and their assistants.

966

     4.  Contracted instructional services, including training

967

for instructional staff and other contracted instructional

968

services.

969

     5.  School administration, including school-based

970

administrative personnel and school-based education support

971

personnel.

972

     6.  The following materials, supplies, and operating capital

973

outlay:

974

     a.  Textbooks;

975

     b.  Computer hardware and software;

976

     c.  Other instructional materials;

977

     d.  Other materials and supplies; and

978

     e.  Library media materials.

979

     7.  Food services.

980

     8.  Other support services.

981

     9.  Operation and maintenance of the school plant.

982

     (c)  The school financial report must also identify the

983

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

984

operations. The total amount of these district-level expenditures

985

must be reported and expressed as total expenditures per full-

986

time equivalent student.

987

     Section 29.  Paragraph (b) of subsection (6) of section

988

1011.18, Florida Statutes, is amended to read:

989

     1011.18  School depositories; payments into and withdrawals

990

from depositories.--

991

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

992

ADMINISTERED EMPLOYEES' FRINGE BENEFIT PROGRAMS.--

993

     (b)  The district school board may contract with an

994

insurance company or professional administrator who holds a valid

995

certificate of authority issued by the Office of Insurance

996

Regulation of the Financial Services Commission to provide any or

997

all services that a third-party administrator is authorized by

998

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

999

board may advance or remit money to the administrator to be

1000

deposited in a designated special checking account for paying

1001

claims against the district school board under its self-insurance

1002

programs, and remitting premiums to the providers of insured

1003

benefits on behalf of the district school board and the

1004

participants in such programs, and otherwise fulfilling the

1005

obligations imposed upon the administrator by law and the

1006

contractual agreements between the district school board and the

1007

administrator. The special checking account shall be maintained

1008

in a designated district school depository. The district school

1009

board may replenish such account as often as necessary upon the

1010

presentation by the service organization of documentation for

1011

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

1012

reimbursement. Such replenishment shall be made by a warrant

1013

signed by the chair of the district school board and

1014

countersigned by the district school superintendent. Such

1015

replenishment may be made by electronic, telephonic, or other

1016

medium, and each transfer shall be confirmed in writing and

1017

signed by the district school superintendent or his or her

1018

designee. The provisions of strict accountability of all funds

1019

and an annual audit by an independent certified public accountant

1020

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

1021

this subsection.

1022

     Section 30.  Present subsection (6) of section 1012.27,

1023

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

1024

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

1025

     1012.27  Public school personnel; powers and duties of

1026

district school superintendent.--The district school

1027

superintendent is responsible for directing the work of the

1028

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

1029

addition the district school superintendent shall perform the

1030

following:

1031

     (6) Before appointing a candidate to any position in the

1032

district school system, contact the candidate's previous employer

1033

to assess the candidate's ability to meet state and local ethical

1034

standards for professional educators, screen the candidate

1035

through the use of educator screening tools provided by the

1036

Department of Education, and document findings. The school

1037

superintendent shall report to the Department of Education the

1038

termination of any employee, regardless of cause, and the

1039

Department of Education shall include termination information on

1040

a secure website for use by authorized school district and

1041

charter school personnel, private schools that accept scholarship

1042

students pursuant to chapter 1002 or s. 220.187, or private

1043

providers pursuant to s. 1002.55.

1044

     Section 31.  Paragraph (a) of subsection (1), paragraph (c)

1045

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

1046

1012.33, Florida Statutes, are amended to read:

1047

     1012.33  Contracts with instructional staff, supervisors,

1048

and school principals.--

1049

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

1050

instructional staff in any district school system shall be

1051

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

1052

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

1053

shall receive a written contract as specified in this section.

1054

All such contracts, except continuing contracts as specified in

1055

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

1056

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

1057

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

1058

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

1059

office, incompetency, gross insubordination, willful neglect of

1060

duty, or the commission of a criminal act, regardless of

1061

adjudication, or crimes conviction of a crime involving moral

1062

turpitude.

1063

     (4)

1064

     (c)  Any member of the district administrative or

1065

supervisory staff and any member of the instructional staff,

1066

including any school principal, who is under continuing contract

1067

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

1068

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

1069

immorality, misconduct in office, incompetency, gross

1070

insubordination, willful neglect of duty, drunkenness, or crimes

1071

conviction of a crime involving moral turpitude, as these terms

1072

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

1073

commission of a criminal act, regardless of adjudication.

1074

Whenever such charges are made against an any such employee of

1075

the district school board, the district school board may suspend

1076

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

1077

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

1078

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

1079

school board or by the district school superintendent, the

1080

district school board shall determine upon the evidence submitted

1081

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

1082

sustained, shall determine either to dismiss the employee or fix

1083

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

1084

charges are sustained by a majority vote of the full membership

1085

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

1086

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

1087

such decision adverse to the employee may be appealed by the

1088

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

1089

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

1090

     (6)

1091

     (b)  Any member of the district administrative or

1092

supervisory staff, including any principal but excluding an

1093

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

1094

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

1095

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

1096

misconduct in office, incompetency, gross insubordination,

1097

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

1098

crime involving moral turpitude, as these terms are defined by

1099

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

1100

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

1101

the district school board may suspend the employee without pay;

1102

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

1103

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

1104

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

1105

district school superintendent, the district school board shall

1106

determine upon the evidence submitted whether the charges have

1107

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

1108

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

1109

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

1110

majority vote of the full membership of the district school board

1111

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

1112

employment shall be thereby canceled. Any such decision adverse

1113

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

1114

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

1115

decision of the district school board.

1116

     Section 32.  Subsection (4) of section 1012.34, Florida

1117

Statutes, is amended to read:

1118

     1012.34  Assessment procedures and criteria.--

1119

     (4)  The district school superintendent shall notify the

1120

department of any instructional personnel who receive two

1121

consecutive unsatisfactory evaluations and who have been given

1122

written notice by the district that their employment is being

1123

terminated or is not being renewed or that the district school

1124

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

1125

department shall conduct an investigation to determine whether

1126

action shall be taken against the certificateholder pursuant to

1127

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

1128

     Section 33.  Subsection (14) of section 1012.56, Florida

1129

Statutes, is amended to read:

1130

     1012.56  Educator certification requirements.--

1131

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

1132

maintain an electronic database that includes, but need not be

1133

limited to, a complete statement of the academic preparation,

1134

professional training, and teaching experience of each person to

1135

whom a certificate is issued. The applicant or the district

1136

school superintendent shall furnish the information using a

1137

format or forms provided by the department.

1138

     Section 34.  Subsection (1) and paragraph (a) of subsection

1139

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

1140

     1012.79  Education Practices Commission; organization.--

1141

     (1) The Education Practices Commission consists of 25 17

1142

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

1143

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

1144

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

1145

unrelated to public school employees and 2 shall be current or

1146

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

1147

enforcement officials, appointed by the State Board of Education

1148

from nominations by the Commissioner of Education and subject to

1149

Senate confirmation. Before Prior to making nominations, the

1150

commissioner shall consult with the teaching associations, parent

1151

organizations, law enforcement agencies, and other involved

1152

associations in the state. In making nominations, the

1153

commissioner shall attempt to achieve equal geographical

1154

representation, as closely as possible.

1155

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

1156

appointment:

1157

     1.  Must be certified to teach in the state.

1158

     2.  Must be a resident of the state.

1159

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

1160

least 5 years immediately preceding the appointment.

1161

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

1162

for appointment:

1163

     1.  Must have an endorsement on the educator certificate in

1164

the area of school administration or supervision.

1165

     2.  Must be a resident of the state.

1166

     3.  Must have practiced the profession as an administrator

1167

for at least 5 years immediately preceding the appointment.

1168

     (c)  The lay members must be residents of the state.

1169

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

1170

served in the profession for at least 5 years immediately

1171

preceding appointment and have background expertise in child

1172

safety.

1173

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

1174

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

1175

reviewing and issuing final orders upon cases presented to the

1176

commission. A case concerning a complaint against a teacher shall

1177

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

1178

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

1179

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

1180

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

1181

complaint against an administrator shall be reviewed and a final

1182

order thereon shall be entered by a panel composed of five

1183

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

1184

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

1185

shall be administrators.

1186

     Section 35.  Subsection (1) of section 1012.795, Florida

1187

Statutes, is amended to read:

1188

     1012.795  Education Practices Commission; authority to

1189

discipline.--

1190

     (1)  The Education Practices Commission may suspend the

1191

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

1192

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

1193

denying that person the right to teach or otherwise be employed

1194

by a district school board or public school in any capacity

1195

requiring direct contact with students for that period of time,

1196

after which the holder may return to teaching as provided in

1197

subsection (4); may revoke the educator certificate of any

1198

person, thereby denying that person the right to teach or

1199

otherwise be employed by a district school board or public school

1200

in any capacity requiring direct contact with students for up to

1201

a period of time not to exceed 10 years, with reinstatement

1202

subject to the provisions of subsection (4); may revoke

1203

permanently the educator certificate of any person thereby

1204

denying that person the right to teach or otherwise be employed

1205

by a district school board or public school in any capacity

1206

requiring direct contact with students; may suspend the educator

1207

certificate, upon order of the court, of any person found to have

1208

a delinquent child support obligation; or may impose any other

1209

penalty provided by law, if provided it can be shown that the

1210

person:

1211

     (a)  Obtained or attempted to obtain an educator certificate

1212

by fraudulent means.

1213

     (b) Knowingly failed to report any suspected or actual

1214

child abuse pursuant to s. 1006.061 or misconduct by an educator,

1215

pursuant to s. 1012.795, which affects the health, safety, or

1216

welfare of a student. Failure to report shall result in

1217

prohibition to accept scholarship students under chapter 1002 or

1218

s. 220.187, or private providers pursuant to s. 1002.55; the

1219

imposition of financial penalties pursuant to s. 1001.51; and

1220

certification sanctions pursuant to this section.

1221

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

1222

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

1223

or to operate a private school.

1224

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

1225

involving moral turpitude as defined by rules of the State Board

1226

of Education.

1227

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

1228

revocation, suspension, or surrender in another state.

1229

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

1230

other criminal charge, other than a minor traffic violation.

1231

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

1232

personal conduct which seriously reduces that person's

1233

effectiveness as an employee of the district school board.

1234

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

1235

1012.33(2).

1236

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

1237

Education Practices Commission to suspend the certificate as a

1238

result of a delinquent child support obligation.

1239

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

1240

for the Education Profession prescribed by State Board of

1241

Education rules.

1242

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

1243

penalty for which is the revocation of the educator certificate.

1244

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

1245

Commission.

1246

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

1247

agreement in any jurisdiction which requires the

1248

certificateholder to surrender or otherwise relinquish his or her

1249

educator's certificate. A surrender or relinquishment shall be

1250

for permanent revocation of the certificate. A person may not

1251

surrender or otherwise relinquish his or her certificate prior to

1252

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

1253

1012.796.

1254

     Section 36.  Subsections (1), (3), and (5) of section

1255

1012.796, Florida Statutes, are amended to read:

1256

     1012.796  Complaints against teachers and administrators;

1257

procedure; penalties.--

1258

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

1259

investigated expeditiously any complaint filed before it or

1260

otherwise called to its attention which, if legally sufficient,

1261

contains grounds for the revocation or suspension of a

1262

certificate or any other appropriate penalty as set forth in

1263

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

1264

contains the ultimate facts which show a violation has occurred

1265

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

1266

shall may investigate or continue to investigate and take

1267

appropriate action on a complaint even though the original

1268

complainant withdraws the complaint or otherwise indicates a

1269

desire not to cause it to be investigated or prosecuted to

1270

completion. The department may investigate or continue to

1271

investigate and take action on a complaint filed against a person

1272

whose educator certificate has expired if the act or acts that

1273

which are the basis for the complaint were allegedly committed

1274

while that person possessed an educator certificate.

1275

     (b) The Department of Education shall investigate

1276

immediately any complaint filed before it or otherwise called to

1277

its attention which involves misconduct by an educator and which

1278

affects the health, safety, or welfare of a student. The

1279

department must investigate or continue to investigate and take

1280

action on such a complaint filed against a person whose educator

1281

certificate has expired if the act or acts that are the basis for

1282

the complaint were allegedly committed while that person

1283

possessed an educator certificate.

1284

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

1285

shall notify the certificateholder or applicant for certification

1286

and the district school superintendent or the university

1287

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

1288

certificateholder or applicant for certification is employed or

1289

was employed at the time the alleged offense occurred. In

1290

addition, the department shall inform the certificateholder or

1291

applicant for certification of the substance of any complaint

1292

which has been filed against that certificateholder or applicant,

1293

unless the department determines that such notification would be

1294

detrimental to the investigation, in which case the department

1295

may withhold notification.

1296

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

1297

department all legally sufficient complaints within 30 days after

1298

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

1299

attention of the school district. A complaint is legally

1300

sufficient if it contains ultimate facts that show a violation

1301

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

1302

school district shall include all information relating to the

1303

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

1304

filing. Each district school board shall develop and adopt

1305

policies and procedures to comply with this reporting

1306

requirement. School board policies and procedures must include

1307

standards for screening, hiring, and terminating employees,

1308

ethical standards for all employees, responsibilities of

1309

educators to uphold the standards, detailed steps to be followed

1310

in reporting suspected or actual misconduct by an educator which

1311

affects the health, safety, or welfare of a student, requirements

1312

for the reassignment of an employee pending the outcome of a

1313

misconduct investigation, and penalties for failing to comply

1314

pursuant to ss. 1001.51 and 1012.795. The district school board

1315

policies and procedures shall include appropriate penalties for

1316

all personnel of the district school board for nonreporting and

1317

procedures for promptly informing the district school

1318

superintendent of each legally sufficient complaint. The district

1319

school superintendent is charged with knowledge of these policies

1320

and procedures and is accountable for communicating the ethical

1321

standards, policies, and procedures, to be provided through

1322

professional development for all staff. If the district school

1323

superintendent has knowledge of a legally sufficient complaint

1324

and does not report the complaint, or fails to enforce the

1325

policies and procedures of the district school board, and fails

1326

to comply with the requirements of this subsection, in addition

1327

to other actions against certificateholders authorized by law,

1328

the district school superintendent is shall be subject to

1329

penalties as specified in s. 1001.51(12). If the superintendent

1330

determines that misconduct has occurred which warrants

1331

termination, the employee may not resign but must be terminated

1332

and a record, including the cause of the termination, shall be

1333

reported to the Department of Education and maintained in the

1334

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

1335

or restrict the power and duty of the department to investigate

1336

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

1337

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

1338

complaints and followup reports.

1339

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

1340

agencies, state attorneys, social service agencies, district

1341

school boards, and the Division of Administrative Hearings shall

1342

fully cooperate with and, upon request, shall provide unredacted

1343

documents to the Department of Education to further

1344

investigations and prosecutions conducted pursuant to this

1345

section. Any document received pursuant to this paragraph may not

1346

be redisclosed except as authorized by law.

1347

     (3)  The department staff shall advise the commissioner

1348

concerning the findings of the investigation. The department

1349

general counsel or members of that staff shall review the

1350

investigation and advise the commissioner concerning probable

1351

cause or lack thereof. The determination of probable cause shall

1352

be made by the commissioner. The commissioner shall provide an

1353

opportunity for a conference, if requested, prior to determining

1354

probable cause. The commissioner may enter into deferred

1355

prosecution agreements in lieu of finding probable cause if, when

1356

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

1357

interests of the department, the certificateholder, and the

1358

public. Such deferred prosecution agreements shall become

1359

effective when filed with the clerk of the Education Practices

1360

Commission. However, a deferred prosecution agreement shall not

1361

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

1362

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

1363

occurred. Upon finding no probable cause, the commissioner shall

1364

dismiss the complaint.

1365

     (5) In order When deemed necessary to protect the health,

1366

safety, and welfare of a minor student, when an allegation of

1367

educator misconduct with a student occurs, the district school

1368

superintendent in consultation with the school principal, or may,

1369

and upon the request of the Commissioner of Education, must

1370

immediately shall, temporarily suspend the educator a

1371

certificateholder from the certificateholder's regularly assigned

1372

duties, with pay, and reassign the suspended educator

1373

certificateholder to a position that does not require direct

1374

contact with students in the district school system. Such

1375

suspension shall continue until the completion of the proceedings

1376

and the determination of sanctions, if any, pursuant to this

1377

section and s. 1012.795.

1378

     Section 37.  Paragraph (b) of subsection (4) of section

1379

1012.98, Florida Statutes, is amended to read:

1380

     1012.98  School Community Professional Development Act.--

1381

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

1382

community colleges, and state universities share the

1383

responsibilities described in this section. These

1384

responsibilities include the following:

1385

     (b)  Each school district shall develop a professional

1386

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

1387

shall be developed in consultation with teachers, teacher-

1388

educators of community colleges and state universities, business

1389

and community representatives, and local education foundations,

1390

consortia, and professional organizations. The professional

1391

development system must:

1392

     1.  Be approved by the department. All substantial revisions

1393

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

1394

continued approval.

1395

     2.  Be based on analyses of student achievement data and

1396

instructional strategies and methods that support rigorous,

1397

relevant, and challenging curricula for all students. Schools and

1398

districts, in developing and refining the professional

1399

development system, shall also review and monitor school

1400

discipline data; school environment surveys; assessments of

1401

parental satisfaction; performance appraisal data of teachers,

1402

managers, and administrative personnel; and other performance

1403

indicators to identify school and student needs that can be met

1404

by improved professional performance.

1405

     3.  Provide inservice activities coupled with followup

1406

support appropriate to accomplish district-level and school-level

1407

improvement goals and standards. The inservice activities for

1408

instructional personnel shall focus on analysis of student

1409

achievement data, ongoing formal and informal assessments of

1410

student achievement, identification and use of enhanced and

1411

differentiated instructional strategies that emphasize rigor,

1412

relevance, and reading in the content areas, enhancement of

1413

subject content expertise, integrated use of classroom technology

1414

that enhances teaching and learning, classroom management, parent

1415

involvement, and school safety.

1416

     4.  Include a master plan for inservice activities, pursuant

1417

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

1418

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

1419

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

1420

district and school instructional leaders, and must use the

1421

latest available student achievement data and research to enhance

1422

rigor and relevance in the classroom. Each district inservice

1423

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

1424

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

1425

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

1426

school board annually in order to ensure compliance with

1427

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

1428

best practices to other districts. District school boards must

1429

submit verification of their approval to the Commissioner of

1430

Education no later than October 1, annually.

1431

     5.  Require each school principal to establish and maintain

1432

an individual professional development plan for each

1433

instructional employee assigned to the school as a seamless

1434

component to the school improvement plans developed pursuant to

1435

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

1436

development plan must:

1437

     a.  Be related to specific performance data for the students

1438

to whom the teacher is assigned.

1439

     b.  Define the inservice objectives and specific measurable

1440

improvements expected in student performance as a result of the

1441

inservice activity.

1442

     c.  Include an evaluation component that determines the

1443

effectiveness of the professional development plan.

1444

     6.  Include inservice activities for school administrative

1445

personnel that address updated skills necessary for instructional

1446

leadership and effective school management pursuant to s.

1447

1012.986.

1448

     7.  Provide for systematic consultation with regional and

1449

state personnel designated to provide technical assistance and

1450

evaluation of local professional development programs.

1451

     8.  Provide for delivery of professional development by

1452

distance learning and other technology-based delivery systems to

1453

reach more educators at lower costs.

1454

     9.  Provide for the continuous evaluation of the quality and

1455

effectiveness of professional development programs in order to

1456

eliminate ineffective programs and strategies and to expand

1457

effective ones. Evaluations must consider the impact of such

1458

activities on the performance of participating educators and

1459

their students' achievement and behavior.

1460

     Section 38.  Subsection (4) of section 1013.03, Florida

1461

Statutes, is amended to read:

1462

     1013.03  Functions of the department and the Board of

1463

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

1464

pertains to educational facilities of school districts and

1465

community colleges and of the Board of Governors as it pertains

1466

to educational facilities of state universities shall include,

1467

but not be limited to, the following:

1468

     (4)  Require each board and other appropriate agencies to

1469

submit complete and accurate financial data as to the amounts of

1470

funds from all sources that are available and spent for

1471

construction and capital improvements. The commissioner shall

1472

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

1473

and any other educational facilities data. If any district does

1474

not submit the required educational facilities fiscal data by the

1475

prescribed date, the Commissioner of Education shall notify the

1476

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

1477

not taken to immediately submit the required report, the district

1478

school board shall be directed to proceed pursuant to s.

1479

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

1480

community college or university does not submit the required

1481

educational facilities fiscal data by the prescribed date, the

1482

same policy prescribed in this subsection for school districts

1483

shall be implemented.

1484

     Section 39.  This act shall take effect July 1, 2008.