Florida Senate - 2008 CS for CS for SB 1712
By the Committees on Governmental Operations; Education Pre-K - 12; Education Pre-K - 12; and Senator Carlton
585-04973-08 20081712c2
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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. 402.316,
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F.S.; authorizing the Department of Children and Family
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Services to adopt minimum standards for screening child
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care personnel and for notification of termination of such
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personnel; amending s. 435.04, F.S.; providing additional
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criminal offenses for screening child care personnel;
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amending s. 1001.10, F.S.; requiring the Department 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 certain
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private schools and providers in developing policies and
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procedures governing educator ethics and employment;
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requiring the department to provide authorized staff with
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access to or provide verification through certain
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employment-screening tools; amending s. 1001.32, F.S.,
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relating to school administration; conforming a cross-
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reference; amending s. 1001.42, F.S.; requiring each
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district school board to adopt ethical standards for all
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employees; prohibiting confidentiality agreements
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regarding terminated or dismissed employees which have the
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effect of concealing certain conduct; providing that a
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district school board official who knowingly signs or
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transmits a false report, fails to support policies that
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ensure the investigation of reports, or fails to report
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allegations of misconduct by instructional or
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administrative personnel forfeits his or her salary for a
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specified period; amending s. 1001.452, F.S., relating to
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district and school advisory councils; conforming cross-
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references; amending s. 1001.51, F.S.; providing that a
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district school superintendent or district school board
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member 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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instructional or administrative personnel; amending ss.
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principals and lab schools; conforming cross-references;
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amending s. 1002.33, F.S.; 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 school to notify the Department
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of Education of dates of employment for instructional and
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administrative personnel; requiring the charter school
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sponsor to suspend the school's charter for failing to
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comply with these requirements; amending s. 1002.36, F.S.;
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requiring the Florida School for the Deaf and the Blind to
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meet certain requirements governing the screening of
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requiring owners of certain private schools and private
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prekindergarten providers to adopt ethical standards for
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all employees; prohibiting confidentiality agreements
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regarding terminated or dismissed employees which have the
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effect of concealing certain conduct; requiring such
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owners and providers to contact the previous employer of
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each instructional or administrative candidate for
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employment and notify the Department of Education of dates
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of employment of an educator; amending ss. 1002.61,
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conforming cross-references; amending s. 1006.061, F.S.;
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requiring the school board, charter school, private school
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participating in a state school choice scholarship
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program, and private provider participating in the
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Voluntary Prekindergarten Education Program to post its
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policies relating to misconduct by personnel; requiring
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the head of such entities to act as a liaison in suspected
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cross-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 instructional or administrative candidate
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for employment, screen the candidate, and document
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findings; creating s. 1012.315, F.S.; specifying offenses
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that disqualify instructional and administrative personnel
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from employment in positions involving direct contact with
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students; amending s. 1012.32, F.S.; providing that
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instructional and administrative personnel who have been
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convicted of certain offenses are disqualified from
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employment in positions having direct contact with
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students; amending s. 1012.33, F.S.; providing that just
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cause for terminating instructional staff includes
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immorality or the commission of a criminal act; amending
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s. 1012.34, F.S., relating to assessment procedures;
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conforming a cross-reference; amending s. 1012.56, F.S.,
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relating to certification requirements for educators;
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revising the requirements for conducting state and
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national criminal history records checks of persons
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seeking certification; providing for the Department of
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Education to maintain personnel records on an electronic
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database; amending s. 1012.79, F.S.; providing for
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additional members to be appointed to the Education
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Practices Commission; revising the composition of the
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panel appointed to review complaints against teachers;
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amending s. 1012.795, F.S.; providing for suspending the
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educator certificate of a person who knowingly fails to
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report child abuse or suspected or actual misconduct by
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instructional personnel; amending s. 1012.796, F.S.;
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requiring the Department of Education to investigate each
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complaint involving misconduct by certificated personnel;
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clarifying what constitutes a legally sufficient
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complaint; providing requirements for school board
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policies and procedures relating to ethical standards;
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providing that the district school superintendent is
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accountable for communicating standards, policies, and
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procedures to district employees; requiring that an
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employee be immediately suspended and reassigned upon an
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allegation of misconduct affecting the health, safety, or
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welfare of a student; requiring employers of certified
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personnel to file complaints in writing to the Department
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relating to the School Community Professional Development
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Act and functions of the department and Board of
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Governors; conforming cross-references; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as the "Ethics in
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Education Act."
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Section 2. Paragraphs (c) and (d) of subsection (5) of
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section 24.121, Florida Statutes, are amended to read:
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24.121 Allocation of revenues and expenditure of funds for
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public education.--
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(5)
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(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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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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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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against a victim younger than 18 years of age by a public officer
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or employee through the use or attempted use of power, rights,
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privileges, duties, or position of his or her public office or
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employment position.
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Section 4. Present paragraphs (i) and (j) of subsection (5)
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of section 121.091, Florida Statutes, are redesignated as
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subsections (j) and (k), respectively, and a new paragraph (i) is
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added to that subsecection, to read:
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121.091 Benefits payable under the system.--Benefits may
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not be paid under this section unless the member has terminated
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employment as provided in s. 121.021(39)(a) or begun
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participation in the Deferred Retirement Option Program as
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provided in subsection (13), and a proper application has been
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filed in the manner prescribed by the department. The department
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may cancel an application for retirement benefits when the member
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or beneficiary fails to timely provide the information and
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documents required by this chapter and the department's rules.
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The department shall adopt rules establishing procedures for
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application for retirement benefits and for the cancellation of
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such application when the required information or documents are
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not received.
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(5) TERMINATION BENEFITS.--A member whose employment is
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terminated prior to retirement retains membership rights to
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previously earned member-noncontributory service credit, and to
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member-contributory service credit, if the member leaves the
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member contributions on deposit in his or her retirement account.
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If a terminated member receives a refund of member contributions,
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such member may reinstate membership rights to the previously
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earned service credit represented by the refund by completing 1
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year of creditable service and repaying the refunded member
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contributions, plus interest.
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(i) Effective October 1, 2008, except for the return of the
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member's accumulated contributions as of the date of conviction,
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the division may not pay benefits to any member who has committed
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any felony defined in s. 800.04 against a victim younger than 16
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years of age or any felony defined in chapter 794, s. 800.02, or
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s. 800.03 against a victim younger than 18 years of age through
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the use or attempted use of power, rights, privileges, duties, or
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position of his or her public office or employment position.
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Section 5. Subsection (4) is added to section 402.316,
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Florida Statutes, to read:
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402.316 Exemptions.--
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(4) The department shall adopt rules establishing minimum
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standards for screening child care personnel and for providing
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notification of employee termination to child care personnel
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pursuant to s. 1002.55(2).
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Section 6. Paragraph (c) of subsection (4) is added to
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section 435.04, Florida Statutes, to read:
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435.04 Level 2 screening standards.--
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(4) Standards must also ensure that the person:
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(c) For child care personnel screened pursuant to s.
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not been convicted of, or entered a plea of guilty or nolo
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contendere, regardless of adjudication, to offenses prohibited
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under any of the following statutes or under similar statutes of
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another jurisdiction:
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1. Section 787.025, relating to luring or enticing a child.
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2. Section 794.05, relating to unlawful sexual activity
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with certain minors.
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3. Section 810.14, relating to voyeurism.
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4. Section 810.145, relating to video voyeurism.
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5. Any delinquent act that qualified or would have
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qualified an individual for inclusion on the Registered Juvenile
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Sex Offender List pursuant to s. 943.0435(1)(a)1.d.
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Section 7. Present subsection (4) of section 1001.10,
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Florida Statutes, is redesignated as subsection (6), and new
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subsections (4) and (5) are added to that section, to read:
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1001.10 Commissioner of Education; general powers and
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duties.--
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(4) The Department of Education shall provide technical
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assistance to local school districts, charter schools, the
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Florida School for the Deaf and the Blind, and private schools
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that accept scholarship students under chapter 1002 or s.
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220.187, in the development of policies, procedures, and training
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related to educator ethics and employment practices.
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(5) The Department of Education shall provide authorized
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staff of local school districts, charter schools, the Florida
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School for the Deaf and the Blind, private schools that accept
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scholarship students under chapter 1002 or s. 220.187, and
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private providers pursuant to s. 1002.55 with secure access to or
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provide electronic verification of information required to
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effectively screen employees through the following employment-
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screening tools:
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(a) The Professional Practices' Database of Disciplinary
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Actions Against Educators;
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(b) The Department of Education's Teacher Certification
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Database; and
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(c) The Department of Education's Educator Employment
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Information Database.
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Section 8. Subsection (4) of section 1001.32, Florida
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Statutes, is amended to read:
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1001.32 Management, control, operation, administration, and
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supervision.--The district school system must be managed,
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controlled, operated, administered, and supervised as follows:
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(4) SCHOOL PRINCIPAL OR HEAD OF SCHOOL.--Responsibility for
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the administration of any school or schools at a given school
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center, for the supervision of instruction therein, and for
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providing leadership in the development or revision and
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implementation of a school improvement plan required by s.
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school principal or head of the school or schools in accordance
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with rules established by the district school board.
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Section 9. Present subsections (6) through (23) of section
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1001.42, Florida Statutes, are redesignated as subsections (8)
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through (25), respectively, and new subsections (6) and (7) are
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added to that section, to read:
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1001.42 Powers and duties of district school board.--The
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district school board, acting as a board, shall exercise all
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powers and perform all duties listed below:
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(6) ESTABLISH ETHICAL STANDARDS.--Adopt and communicate
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policies and procedures setting forth ethical standards for all
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employees. The policies and procedures must include
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responsibilities and procedures for reporting suspected or actual
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misconduct by instructional personnel and school administrators,
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as defined in s. 1012.01, which affects the health, safety, or
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welfare of a student and an explanation of liability protections
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provided to students, parents, and employees under ss. 39.201,
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district school board or any of its employees may not enter into
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a confidentiality agreement regarding a terminated or dismissed
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employee or an employee who resigns in lieu of termination based
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in whole or in part on unethical conduct that affects the health,
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safety, or welfare of a student and may not provide the employee
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with a favorable recommendation for employment in another
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educational setting. Any portion of an agreement or contract that
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has the purpose or effect of concealing the conduct of an
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educator regarding actions over which the Education Practices
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Commission has disciplinary jurisdiction is void, is contrary to
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public policy, and may not be enforced.
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(7) EMPLOYMENT DISQUALIFICATIONS.--Disqualify from
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employment instructional personnel and school administrators, as
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defined in s. 1012.01, who have been convicted of a disqualifying
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offense as described in s. 1012.315. An elected or appointed
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school board official who knowingly signs and transmits to any
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state official a report known to be false or incorrect or who
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fails to support the adoption of policies that ensure the
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investigation of all reports of suspected or actual misconduct by
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instructional personnel and school administrators, which affects
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the health, safety, or welfare of a student and the reporting of
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allegations of misconduct by such personnel which affects the
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health, safety, or welfare of a student pursuant to s. 1012.796
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forfeits his or her salary for 1 year.
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Section 10. Paragraphs (a) and (c) of subsection (1) and
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subsection (2) of section 1001.452, Florida Statutes, are amended
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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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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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(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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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
416
plan.
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Section 11. Subsection (12) of section 1001.51, Florida
418
Statutes, is amended to read:
419
1001.51 Duties and responsibilities of district school
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superintendent.--The district school superintendent shall
421
exercise all powers and perform all duties listed below and
422
elsewhere in the law, provided that, in so doing, he or she shall
423
advise and counsel with the district school board. The district
424
school superintendent shall perform all tasks necessary to make
425
sound recommendations, nominations, proposals, and reports
426
required by law to be acted upon by the district school board.
427
All such recommendations, nominations, proposals, and reports by
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the district school superintendent shall be either recorded in
429
the minutes or shall be made in writing, noted in the minutes,
430
and filed in the public records of the district school board. It
431
shall be presumed that, in the absence of the record required in
432
this section, the recommendations, nominations, and proposals
433
required of the district school superintendent were not contrary
434
to the action taken by the district school board in such matters.
435
(12) RECORDS AND REPORTS.--Recommend such records as should
436
be kept in addition to those prescribed by rules of the State
437
Board of Education; prepare forms for keeping such records as are
438
approved by the district school board; ensure that such records
439
are properly kept; and make all reports that are needed or
440
required, as follows:
441
(a) Forms, blanks, and reports.--Require that all employees
442
accurately keep all records and promptly make in proper form all
443
reports required by the education code or by rules of the State
444
Board of Education; recommend the keeping of such additional
445
records and the making of such additional reports as may be
446
deemed necessary to provide data essential for the operation of
447
the school system; and prepare such forms and blanks as may be
448
required and ensure that these records and reports are properly
449
prepared.
450
(b) Reports to the department.--Prepare, for the approval
451
of the district school board, all reports that may be required by
452
law or rules of the State Board of Education to be made to the
453
department and transmit promptly all such reports, when approved,
454
to the department, as required by law. If any such reports are
455
not transmitted at the time and in the manner prescribed by law
456
or by State Board of Education rules, the salary of the district
457
school superintendent must be withheld until the report has been
458
properly submitted. Unless otherwise provided by rules of the
459
State Board of Education, the annual report on attendance and
460
personnel is due on or before July 1, and the annual school
461
budget and the report on finance are due on the date prescribed
462
by the commissioner.
463
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Any district school superintendent who knowingly signs and
465
transmits to any state official a false or incorrect report known
466
to be false or incorrect or who knowingly fails to investigate
467
all reports of suspected or actual misconduct by instructional
468
personnel and school administrators, as defined in s. 1012.01,
469
which affects the health, safety, or welfare of a student or
470
report allegations of misconduct by such personnel which affects
471
the health, safety, or welfare of a student pursuant to s.
472
1012.796 forfeits shall forfeit his or her right to any salary
473
for the period of 1 year following the from that date of such act
474
or failure to act.
475
Section 12. Subsection (2) of section 1001.54, Florida
476
Statutes, is amended to read:
477
1001.54 Duties of school principals.--
478
(2) Each school principal shall provide instructional
479
leadership in the development, revision, and implementation of a
480
school improvement plan pursuant to s. 1001.42(18) s.
481
1001.42(16).
482
Section 13. Paragraph (b) of subsection (11) of section
483
1002.32, Florida Statutes, is amended to read:
484
1002.32 Developmental research (laboratory) schools.--
485
(11) EXCEPTIONS TO LAW.--To encourage innovative practices
486
and facilitate the mission of the lab schools, in addition to the
487
exceptions to law specified in s. 1001.23(2), the following
488
exceptions shall be permitted for lab schools:
490
1001.42 shall be held in abeyance. Reference to district school
492
of the university or the president's designee.
493
Section 14. Paragraph (g) of subsection (12) of section
494
1002.33, Florida Statutes, is amended to read:
495
1002.33 Charter schools.--
496
(12) EMPLOYEES OF CHARTER SCHOOLS.--
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(g) In order to protect the health, safety, or welfare of
498
students, a charter school governing board shall:
499
1. A charter school shall Employ or contract with employees
500
who have undergone background screening as provided in s.
501
1012.32. Members of the governing board of the charter school
502
shall also undergo background screening in a manner similar to
503
that provided in s. 1012.32.
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2. Disqualify any individual convicted of an offense
505
pursuant to s. 1012.315 from employment in an instructional or
506
school administrator position that involves direct contact with
507
students.
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3. Adopt and communicate policies and procedures setting
509
forth ethical standards for all employees and include policies
510
and procedures in professional development for all staff. The
511
policies and procedures must include responsibilities and
512
procedures for reporting suspected or actual misconduct by
513
instructional personnel or a school administrator which affects
514
the health, safety, or welfare of a student and an explanation of
515
liability protections provided to students, parents, and
517
suspected or actual misconduct that affects the health, safety,
518
or welfare of a student. A charter school or any of its employees
519
may not enter into a confidentiality agreement regarding a
520
terminated or dismissed employee or an employee who resigns in
521
lieu of termination based in whole or in part on unethical
522
conduct that affects the health, safety, or welfare of a student
523
and may not provide the employee with a favorable recommendation
524
for employment in another educational setting. Any portion of an
525
agreement or contract that has the purpose or effect of
526
concealing the conduct of an educator regarding actions over
527
which the Education Practices Commission has disciplinary
528
jurisdiction is void, is contrary to public policy, and may not
529
be enforced.
530
4. Before appointing a candidate to an instructional or
531
school administrator position that involves direct contact with
532
students, contact the previous employer of the candidate to
533
assess the candidate's ability to meet ethical standards for
534
professional educators, screen the candidate through the use of
535
educator screening tools described in s. 1001.10(5), and document
536
the findings.
537
5. Report to the Department of Education the date of hire
538
and, when applicable, the date employment is severed, for all
539
instructional personnel and school administrators.
540
6. The sponsor of a charter school that fails to comply
541
with this paragraph shall terminate the charter pursuant to
542
subsection (8).
543
Section 15. Paragraph (g) is added to subsection (7) of
544
section 1002.36, Florida Statutes, to read:
545
1002.36 Florida School for the Deaf and the Blind.--
546
(7) PERSONNEL SCREENING.--
547
(g) For the purpose of protecting the health, safety, or
548
welfare of students and the ethical standards for professional
549
educators, the Florida School for the Deaf and the Blind shall be
550
considered a school district and shall meet the provisions of ss.
553
Section 16. Present subsections (4), (5), and (6) of
554
section 1002.421, Florida Statutes, are redesignated as
555
subsections (5), (6), and (7), respectively, and a new subsection
556
(4) is added to that section, to read:
557
1002.421 Accountability of private schools participating in
558
state school choice scholarship programs.--
559
(4) A private school participating in a scholarship program
560
under this section shall:
561
(a) Disqualify from employment in an instructional or
562
school administrator position that involves direct contact with
563
students any individual convicted of a disqualifying offense
564
identified under s. 1012.315.
565
(b) Adopt and communicate policies and procedures setting
566
forth ethical standards for all employees and include policies
567
and procedures in professional development for all staff. The
568
policies and procedures must include responsibilities and
569
procedures for reporting suspected or actual misconduct by
570
instructional personnel or a school administrator which affects
571
the health, safety, or welfare of a student and an explanation of
572
liability protections provided to students, parents, and
574
suspected or actual misconduct that affects the health, safety,
575
or welfare of a student. A private school or any of its employees
576
may not enter into a confidentiality agreement regarding a
577
terminated or dismissed employee or an employee who resigns in
578
lieu of termination based in whole or in part on unethical
579
conduct that affects the health, safety, or welfare of a student
580
and may not provide the employee with a favorable recommendation
581
for employment in another educational setting. Any portion of an
582
agreement or contract that has the purpose or effect of
583
concealing the unethical conduct of an educator as described
584
under s. 1012.795 is void, is contrary to public policy, and may
585
not be enforced.
586
(c) Prior to appointing a candidate to an instructional or
587
school administrator position that involves direct contact with
588
students, contact the previous employer of the candidate to
589
assess the candidate's ability to meet ethical standards for
590
professional educators, screen the candidate through the use of
591
educator screening tools described in s. 1001.10(5), and document
592
the findings.
593
(d) Report to the Department of Education the date of hire
594
and, when applicable, the date employment is severed, for all
595
instructional personnel and school administrators.
596
597
The department shall prohibit a private school that accepts
598
scholarship students under chapter 1002 or s. 220.187, which
599
fails to comply with this subsection from accepting such
600
scholarship students and disqualify the private school from
601
accepting funds under those programs for a period of 1 calendar
602
year and until the private school complies with this subsection.
603
Section 17. Present subsections (2), (3), and (4) of
604
section 1002.55, Florida Statutes, are renumbered as subsections
605
(3), (4), and (5), respectively, a new subsection (2) is added to
606
that section, and present subsection (4) of that section is
607
amended, to read:
608
1002.55 School-year prekindergarten program delivered by
609
private prekindergarten providers.--
610
(2) A private provider participating in the Voluntary
611
Prekindergarten Education Program under this section must comply
612
with the following:
613
(a) The provider must complete ethics training that has
614
been developed jointly by the Department of Children and Family
615
Services, the Department of Education, and the Agency for
616
Workforce Innovation. Such training shall include strategies on
617
how to adopt and communicate policies, responsibilities, and
618
procedures for reporting suspected or actual misconduct by a
619
prekindergarten instructor or administrator which affects the
620
health, safety, or welfare of a student, and an explanation of
621
liability protections provided to students, parents, and
623
completion of training shall be documented on the child care
624
personnel training transcript of the Department of Children and
625
Family Services.
626
(b) The provider must disqualify from employment any
627
prekindergarten instructor or administrator who has been
628
convicted of a disqualifying offense identified under s. 435.04.
629
(c) Before appointing a candidate as a prekindergarten
630
instructor or administrator, the provider must contact the
631
candidate's previous employer pursuant to ss. 402.302(13) and
632
435.10 to assess the candidate's ability to meet ethical
633
standards for professional educators, screen the candidate
634
through the use of the educator screening tools described in s.
635
1001.10(5) and the Department of Children and Families'
636
electronic database, and document the findings.
637
(d) The provider may not enter into a confidentiality
638
agreement regarding a terminated or dismissed employee or an
639
employee who resigns in lieu of termination based in whole or in
640
part on unethical conduct that affects the health, safety, or
641
welfare of a student and may not provide the employee with a
642
favorable recommendation for employment in another educational
643
setting. A portion of an agreement or contract that has the
644
purpose or effect of concealing the unethical conduct of a
645
prekindergarten instructor or administrator as described under s.
646
1012.795 is void, is contrary to public policy, and may not be
647
enforced.
648
(e) The Agency for Workforce Innovation shall prohibit a
649
private provider that fails to comply with this subsection from
650
accepting funds under the Voluntary Prekindergarten Program for a
651
period of 1 calendar year and until the provider complies with
652
this subsection.
653
(5)(4) A prekindergarten instructor, in lieu of the minimum
654
credentials and courses required under paragraph (4)(c) (3)(c),
655
may hold one of the following educational credentials:
656
(a) A bachelor's or higher degree in early childhood
657
education, prekindergarten or primary education, preschool
658
education, or family and consumer science;
659
(b) A bachelor's or higher degree in elementary education,
660
if the prekindergarten instructor has been certified to teach
661
children any age from birth through 6th grade, regardless of
662
whether the instructor's educator certificate is current, and if
663
the instructor is not ineligible to teach in a public school
664
because his or her educator certificate is suspended or revoked;
665
(c) An associate's or higher degree in child development;
666
(d) An associate's or higher degree in an unrelated field,
667
at least 6 credit hours in early childhood education or child
668
development, and at least 480 hours of experience in teaching or
669
providing child care services for children any age from birth
670
through 8 years of age; or
671
(e) An educational credential approved by the department as
672
being equivalent to or greater than an educational credential
673
described in this subsection. The department may adopt criteria
674
and procedures for approving equivalent educational credentials
675
under this paragraph.
676
Section 18. Subsections (4) and (6) of section 1002.61,
677
Florida Statutes, are amended to read:
678
1002.61 Summer prekindergarten program delivered by public
679
schools and private prekindergarten providers.--
681
1002.63(5), each public school and private prekindergarten
682
provider must have, for each prekindergarten class, at least one
683
prekindergarten instructor who:
684
(a) Is a certified teacher; or
685
(b) Holds one of the educational credentials specified in
686
s. 1002.55(4)(a) or (b).
687
688
As used in this subsection, the term "certified teacher" means a
689
teacher holding a valid Florida educator certificate under s.
690
1012.56 who has the qualifications required by the district
691
school board to instruct students in the summer prekindergarten
692
program. In selecting instructional staff for the summer
693
prekindergarten program, each school district shall give priority
694
to teachers who have experience or coursework in early childhood
695
education.
697
1002.63(7), each prekindergarten class in the summer
698
prekindergarten program, regardless of whether the class is a
699
public school's or private prekindergarten provider's class, must
700
have be composed of at least 4 students but may not exceed 10
701
students. In order to protect the health and safety of students,
702
each public school or private prekindergarten provider must also
703
provide appropriate adult supervision for students at all times.
704
This subsection does not supersede any requirement imposed on a
706
Section 19. Subsections (5) and (7) of section 1002.63,
707
Florida Statutes, are amended to read:
708
1002.63 School-year prekindergarten program delivered by
709
public schools.--
710
(5) Each public school must have, for each prekindergarten
711
class, at least one prekindergarten instructor who meets each
713
prekindergarten instructor of a private prekindergarten provider.
714
(7) Each prekindergarten class in a public school
715
delivering the school-year prekindergarten program must have be
716
composed of at least 4 students but may not exceed 18 students.
717
In order to protect the health and safety of students, each
718
school must also provide appropriate adult supervision for
719
students at all times and, for each prekindergarten class
720
composed of 11 or more students, must have, in addition to a
721
prekindergarten instructor who meets the requirements of s.
723
prekindergarten instructor who is not required to meet those
724
requirements but who must meet each requirement of subsection
725
(6).
726
Section 20. Paragraph (a) of subsection (2) of section
727
1002.65, Florida Statutes, is amended to read:
728
1002.65 Professional credentials of prekindergarten
729
instructors; aspirational goals; legislative intent.--
730
(2) To improve these educational outcomes, the Legislature
731
intends that all prekindergarten instructors will continue to
732
improve their skills and preparation through education and
733
training, so that the following aspirational goals will be
734
achieved:
735
(a) By the 2010-2011 school year:
736
1. Each prekindergarten class will have at least one
737
prekindergarten instructor who holds an associate's or higher
738
degree in the field of early childhood education or child
739
development; and
740
2. For each prekindergarten class composed of 11 or more
741
students, in addition to a prekindergarten instructor who meets
742
the requirements of subparagraph 1., the class will have at least
743
one prekindergarten instructor who meets the requirements of s.
745
Section 21. Subsection (2) of section 1003.413, Florida
746
Statutes, is amended to read:
747
1003.413 Florida Secondary School Redesign Act.--
748
(2) The following guiding principles for secondary school
749
redesign shall be used in the annual preparation of each
750
secondary school's improvement plan required by s. 1001.42(18) s.
751
1001.42(16):
752
(a) Struggling students, especially those in failing
753
schools, need the highest quality teachers and dramatically
754
different, innovative approaches to teaching and learning.
755
(b) Every teacher must contribute to every student's
756
reading improvement.
757
(c) Quality professional development provides teachers and
758
principals with the tools they need to better serve students.
759
(d) Small learning communities allow teachers to
760
personalize instruction to better address student learning
761
styles, strengths, and weaknesses.
762
(e) Intensive intervention in reading and mathematics must
763
occur early and through innovative delivery systems.
764
(f) Parents need access to tools they can use to monitor
765
their child's progress in school, communicate with teachers, and
766
act early on behalf of their child.
767
(g) Applied and integrated courses help students see the
768
relationships between subjects and relevance to their futures.
769
(h) School is more relevant when students choose courses
770
based on their goals, interests, and talents.
771
(i) Master schedules should not determine instruction and
772
must be designed based on student needs, not adult or
773
institutional needs.
774
(j) Academic and career planning engages students in
775
developing a personally meaningful course of study so they can
776
achieve goals they have set for themselves.
777
Section 22. Paragraph (b) of subsection (2) of section
778
1003.53, Florida Statutes, is amended to read:
779
1003.53 Dropout prevention and academic intervention.--
780
(2)
781
(b) Each school that establishes a dropout prevention and
782
academic intervention program at that school site shall reflect
783
that program in the school improvement plan as required under s.
785
Section 23. Subsections (1) and (3) of section 1004.92,
786
Florida Statutes, are amended to read:
787
1004.92 Purpose and responsibilities for career
788
education.--
789
(1) The purpose of career education is to enable students
790
who complete career programs to attain and sustain employment and
791
realize economic self-sufficiency. The purpose of this section is
792
to identify issues related to career education for which school
793
boards and community college boards of trustees are accountable.
794
It is the intent of the Legislature that the standards
795
articulated in subsection (2) be considered in the development of
796
accountability standards for public schools pursuant to ss.
798
colleges pursuant to s. 1008.45.
799
(3) Each career center operated by a district school board
800
shall establish a center advisory council pursuant to s.
801
1001.452. The center advisory council shall assist in the
802
preparation and evaluation of center improvement plans required
804
assistance, upon the request of the center director, in the
805
preparation of the center's annual budget and plan as required by
806
s. 1008.385(1).
807
Section 24. Section 1006.061, Florida Statutes, is amended
808
to read:
809
1006.061 Child abuse, abandonment, and neglect
810
policy.--Each district school board, charter school, private
811
school participating in a state school choice scholarship
812
program, and private provider participating in the Voluntary
813
Prekindergarten Education Program shall:
814
(1) Post in a prominent place in each school a notice that,
815
pursuant to chapter 39, all employees and agents of the district
816
school board, charter school, private school, or private provider
817
have an affirmative duty to report all actual or suspected cases
818
of child abuse, abandonment, or neglect; have immunity from
819
liability if they report such cases in good faith; and have a
820
duty to comply with child protective investigations and all other
821
provisions of law relating to child abuse, abandonment, and
822
neglect. The notice shall also include the statewide toll-free
823
telephone number of the central abuse hotline.
824
(2) Post in a prominent place at each school site and on
825
each school website, the policies and procedures for reporting
826
suspected or actual misconduct by instructional personnel or
827
school administrators, as defined in s. 1012.01, which affects
828
the health, safety, or welfare of a student, the contact person
829
to whom the report should be made, and the penalties imposed on
830
employees or agents for failing to report suspected or actual
831
child abuse or misconduct by instructional personnel or school
832
administrators which affects the health, safety, or welfare of a
833
student.
834
(3)(2) Require the person in charge of the school district,
835
charter school, private school, or private provider district
836
school superintendent, or the superintendent's designee, at the
837
request of the Department of Children and Family Services, to act
838
as a liaison to the Department of Children and Family Services
839
and the child protection team, as defined in s. 39.01, when in a
840
case of suspected child abuse, abandonment, or neglect or an
841
unlawful sexual offense involving a child the case is referred to
842
such a team; except that this does not relieve or restrict the
843
Department of Children and Family Services from discharging its
844
duty and responsibility under the law to investigate and report
845
every suspected or actual case of child abuse, abandonment, or
846
neglect or unlawful sexual offense involving a child.
847
Section 25. Paragraph (c) of subsection (2) of section
848
1007.21, Florida Statutes, is amended to read:
849
1007.21 Readiness for postsecondary education and the
850
workplace.--
851
(2)
852
(c) The common placement test authorized in ss. 1001.03(11)
854
all high school second semester sophomores who have chosen one of
855
the four destinations. The results of the placement test shall be
856
used to target additional instructional needs in reading,
857
writing, and mathematics prior to graduation.
858
Section 26. Subsection (5) of section 1007.23, Florida
859
Statutes, is amended to read:
860
1007.23 Statewide articulation agreement.--
861
(5) The articulation agreement must guarantee the
862
articulation of 9 credit hours toward a postsecondary degree in
863
early childhood education for programs approved by the State
864
Board of Education and the Board of Governors which:
865
(a) Award a child development associate credential issued
866
by the National Credentialing Program of the Council for
867
Professional Recognition or award a credential approved under s.
869
being equivalent to the child development associate credential;
870
and
871
(b) Include training in emergent literacy which meets or
872
exceeds the minimum standards for training courses for
873
prekindergarten instructors of the Voluntary Prekindergarten
874
Education Program in s. 1002.59.
875
Section 27. Subsection (4) of section 1008.33, Florida
876
Statutes, is amended to read:
877
1008.33 Authority to enforce public school improvement.--It
878
is the intent of the Legislature that all public schools be held
879
accountable for students performing at acceptable levels. A
880
system of school improvement and accountability that assesses
881
student performance by school, identifies schools in which
882
students are not making adequate progress toward state standards,
883
institutes appropriate measures for enforcing improvement, and
884
provides rewards and sanctions based on performance shall be the
885
responsibility of the State Board of Education.
886
(4) The State Board of Education may require the Department
887
of Education or Chief Financial Officer to withhold any transfer
888
of state funds to the school district if, within the timeframe
889
specified in state board action, the school district has failed
890
to comply with the action ordered to improve the district's low-
891
performing schools. Withholding the transfer of funds shall occur
892
only after all other recommended actions for school improvement
893
have failed to improve performance. The State Board of Education
894
may impose the same penalty on any district school board that
895
fails to develop and implement a plan for assistance and
896
intervention for low-performing schools as specified in s.
898
Section 28. Paragraph (c) of subsection (6) of section
899
1008.345, Florida Statutes, is amended to read:
900
1008.345 Implementation of state system of school
901
improvement and education accountability.--
902
(6)
903
(c) Pursuant to s. 24.121(5)(d), the department shall not
904
release funds from the Educational Enhancement Trust Fund to any
905
district in which a school, including schools operating for the
906
purpose of providing educational services to youth in Department
907
of Juvenile Justice programs, does not have an approved school
909
after 1 full school year of planning and development, or does not
910
comply with school advisory council membership composition
911
requirements pursuant to s. 1001.452. The department shall send a
912
technical assistance team to each school without an approved plan
913
to develop such school improvement plan or to each school without
914
appropriate school advisory council membership composition to
915
develop a strategy for corrective action. The department shall
916
release the funds upon approval of the plan or upon establishment
917
of a plan of corrective action. Notice shall be given to the
918
public of the department's intervention and shall identify each
919
school without a plan or without appropriate school advisory
920
council membership composition.
921
Section 29. Subsection (5) of section 1010.215, Florida
922
Statutes, is amended to read:
923
1010.215 Educational funding accountability.--
924
(5) The annual school public accountability report required
926
financial report. The purpose of the school financial report is
927
to better inform parents and the public concerning how funds were
928
spent to operate the school during the prior fiscal year. Each
929
school's financial report must follow a uniform, districtwide
930
format that is easy to read and understand.
931
(a) Total revenue must be reported at the school, district,
932
and state levels. The revenue sources that must be addressed are
933
state and local funds, other than lottery funds; lottery funds;
934
federal funds; and private donations.
935
(b) Expenditures must be reported as the total expenditures
936
per unweighted full-time equivalent student at the school level
937
and the average expenditures per full-time equivalent student at
938
the district and state levels in each of the following categories
939
and subcategories:
940
1. Teachers, excluding substitute teachers, and education
941
paraprofessionals who provide direct classroom instruction to
942
students enrolled in programs classified by s. 1011.62 as:
943
a. Basic programs;
944
b. Students-at-risk programs;
945
c. Special programs for exceptional students;
946
d. Career education programs; and
947
e. Adult programs.
948
2. Substitute teachers.
949
3. Other instructional personnel, including school-based
950
instructional specialists and their assistants.
951
4. Contracted instructional services, including training
952
for instructional staff and other contracted instructional
953
services.
954
5. School administration, including school-based
955
administrative personnel and school-based education support
956
personnel.
957
6. The following materials, supplies, and operating capital
958
outlay:
959
a. Textbooks;
960
b. Computer hardware and software;
961
c. Other instructional materials;
962
d. Other materials and supplies; and
963
e. Library media materials.
964
7. Food services.
965
8. Other support services.
966
9. Operation and maintenance of the school plant.
967
(c) The school financial report must also identify the
968
types of district-level expenditures that support the school's
969
operations. The total amount of these district-level expenditures
970
must be reported and expressed as total expenditures per full-
971
time equivalent student.
972
Section 30. Paragraph (b) of subsection (6) of section
973
1011.18, Florida Statutes, is amended to read:
974
1011.18 School depositories; payments into and withdrawals
975
from depositories.--
976
(6) EXEMPTION FOR SELF-INSURANCE PROGRAMS AND THIRD-PARTY
977
ADMINISTERED EMPLOYEES' FRINGE BENEFIT PROGRAMS.--
978
(b) The district school board may contract with an
979
insurance company or professional administrator who holds a valid
980
certificate of authority issued by the Office of Insurance
981
Regulation of the Financial Services Commission to provide any or
982
all services that a third-party administrator is authorized by
983
law to perform. Pursuant to such contract, the district school
984
board may advance or remit money to the administrator to be
985
deposited in a designated special checking account for paying
986
claims against the district school board under its self-insurance
987
programs, and remitting premiums to the providers of insured
988
benefits on behalf of the district school board and the
989
participants in such programs, and otherwise fulfilling the
990
obligations imposed upon the administrator by law and the
991
contractual agreements between the district school board and the
992
administrator. The special checking account shall be maintained
993
in a designated district school depository. The district school
994
board may replenish such account as often as necessary upon the
995
presentation by the service organization of documentation for
996
claims or premiums due paid equal to the amount of the requested
997
reimbursement. Such replenishment shall be made by a warrant
998
signed by the chair of the district school board and
999
countersigned by the district school superintendent. Such
1000
replenishment may be made by electronic, telephonic, or other
1001
medium, and each transfer shall be confirmed in writing and
1002
signed by the district school superintendent or his or her
1003
designee. The provisions of strict accountability of all funds
1004
and an annual audit by an independent certified public accountant
1006
this subsection.
1007
Section 31. Present subsection (6) of section 1012.27,
1008
Florida Statutes, is redesignated as subsection (7), and a new
1009
subsection (6) is added to that section, to read:
1010
1012.27 Public school personnel; powers and duties of
1011
district school superintendent.--The district school
1012
superintendent is responsible for directing the work of the
1013
personnel, subject to the requirements of this chapter, and in
1014
addition the district school superintendent shall perform the
1015
following:
1016
(6) Before appointing a candidate to an instructional or
1017
school administrator position that involves direct contact with
1018
students, contact the candidate's previous employer to assess the
1019
candidate's ability to meet state and local ethical standards for
1020
professional educators, screen the candidate using the screening
1021
tools as described in s. 1001.10(5), and document the findings.
1022
Section 32. Section 1012.315, Florida Statutes, is created
1023
to read:
1024
1012.315 Disqualification from employment.--
1025
(1) Any instructional personnel or school administrators,
1026
as defined in s. 1012.01, are ineligible for employment in any
1027
position that involves direct contact with students if convicted
1028
of the following disqualifying offenses:
1029
(a) Any offense listed in s. 435.04;
1030
(b) Section 787.025, relating to luring or enticing a
1031
child;
1032
(c) Section 794.05, relating to unlawful sexual activity
1033
with certain minors;
1034
(d) Section 810.14, relating to voyeurism;
1035
(e) Section 810.145, relating to video voyeurism;
1036
(f) Conviction of a crime involving moral turpitude; or
1037
(g) Any delinquent act that qualified or would have
1038
qualified an individual for inclusion on the Registered Juvenile
1039
Sex Offender List pursuant to s. 943.0435(1)(a)1.d.
1040
(2) A criminal act committed in another state or under
1041
federal law, the elements of which constitute a criminal act as
1042
described in subsection (1) shall, for purposes of
1043
disqualification, be considered as if the act was committed in
1044
this state.
1045
Section 33. Subsection (1) of section 1012.32, Florida
1046
Statutes, is amended to read:
1047
1012.32 Qualifications of personnel.--
1048
(1)(a) To be eligible for appointment in any position in
1049
any district school system, a person shall be of good moral
1050
character; shall have attained the age of 18 years, if he or she
1051
is to be employed in an instructional capacity; and shall, when
1052
required by law, hold a certificate or license issued under rules
1053
of the State Board of Education or the Department of Children and
1054
Family Services, except when employed pursuant to s. 1012.55 or
1055
under the emergency provisions of s. 1012.24. Previous residence
1056
in this state shall not be required in any school of the state as
1057
a prerequisite for any person holding a valid Florida certificate
1058
or license to serve in an instructional capacity.
1059
(b) Any instructional personnel or school administrators,
1060
as defined in s. 1012.01, are disqualified from employment in any
1061
position having direct contact with students if convicted of a
1062
disqualifying offense as described in s. 1012.315.
1063
Section 34. Paragraph (a) of subsection (1), paragraph (c)
1064
of subsection (4), and paragraph (b) of subsection (6) of section
1065
1012.33, Florida Statutes, are amended to read:
1066
1012.33 Contracts with instructional staff, supervisors,
1067
and school principals.--
1068
(1)(a) Each person employed as a member of the
1069
instructional staff in any district school system shall be
1071
employed pursuant to s. 1012.39 and shall be entitled to and
1072
shall receive a written contract as specified in this section.
1073
All such contracts, except continuing contracts as specified in
1074
subsection (4), shall contain provisions for dismissal during the
1075
term of the contract only for just cause. Just cause includes,
1076
but is not limited to, the following instances, as defined by
1077
rule of the State Board of Education: immorality, misconduct in
1078
office, incompetency, gross insubordination, willful neglect of
1079
duty, the commission of a criminal act, regardless of
1080
adjudication, or crimes or conviction of a crime involving moral
1081
turpitude.
1082
(4)
1083
(c) Any member of the district administrative or
1084
supervisory staff and any member of the instructional staff,
1085
including any school principal, who is under continuing contract
1086
may be suspended or dismissed at any time during the school year;
1087
however, the charges against him or her must be based on
1088
immorality, misconduct in office, incompetency, gross
1089
insubordination, willful neglect of duty, drunkenness, crimes or
1090
conviction of a crime involving moral turpitude, as these terms
1091
are defined by rule of the State Board of Education, or the
1092
commission of a criminal act, regardless of adjudication.
1093
Whenever such charges are made against an any such employee of
1094
the district school board, the district school board may suspend
1095
such person without pay; but, if the charges are not sustained,
1096
he or she shall be immediately reinstated, and his or her back
1097
salary shall be paid. In cases of suspension by the district
1098
school board or by the district school superintendent, the
1099
district school board shall determine upon the evidence submitted
1100
whether the charges have been sustained and, if the charges are
1101
sustained, shall determine either to dismiss the employee or fix
1102
the terms under which he or she may be reinstated. If such
1103
charges are sustained by a majority vote of the full membership
1104
of the district school board and the such employee is discharged,
1105
his or her contract of employment shall be thereby canceled. Any
1106
such decision adverse to the employee may be appealed by the
1107
employee pursuant to s. 120.68, provided the such appeal is filed
1108
within 30 days after the decision of the district school board.
1109
(6)
1110
(b) Any member of the district administrative or
1111
supervisory staff, including any principal but excluding an
1112
employee specified in subsection (4), may be suspended or
1113
dismissed at any time during the term of the contract; however,
1114
the charges against him or her must be based on immorality,
1115
misconduct in office, incompetency, gross insubordination,
1116
willful neglect of duty, drunkenness, or crimes conviction of any
1117
crime involving moral turpitude, as these terms are defined by
1118
rule of the State Board of Education. Whenever such charges are
1119
made against an any such employee of the district school board,
1120
the district school board may suspend the employee without pay;
1121
but, if the charges are not sustained, he or she shall be
1122
immediately reinstated, and his or her back salary shall be paid.
1123
In cases of suspension by the district school board or by the
1124
district school superintendent, the district school board shall
1125
determine upon the evidence submitted whether the charges have
1126
been sustained and, if the charges are sustained, shall determine
1127
either to dismiss the employee or fix the terms under which he or
1128
she may be reinstated. If such charges are sustained by a
1129
majority vote of the full membership of the district school board
1130
and the such employee is discharged, his or her contract of
1131
employment shall be thereby canceled. Any such decision adverse
1132
to the employee may be appealed by him or her pursuant to s.
1133
120.68, provided such appeal is filed within 30 days after the
1134
decision of the district school board.
1135
Section 35. Subsection (4) of section 1012.34, Florida
1136
Statutes, is amended to read:
1137
1012.34 Assessment procedures and criteria.--
1138
(4) The district school superintendent shall notify the
1139
department of any instructional personnel who receive two
1140
consecutive unsatisfactory evaluations and who have been given
1141
written notice by the district that their employment is being
1142
terminated or is not being renewed or that the district school
1143
board intends to terminate, or not renew, their employment. The
1144
department shall conduct an investigation to determine whether
1145
action shall be taken against the certificateholder pursuant to
1147
Section 36. Subsections (9) and (14) of section 1012.56,
1148
Florida Statutes, are amended to read:
1149
1012.56 Educator certification requirements.--
1150
(9) BACKGROUND SCREENING REQUIRED, INITIALLY AND
1151
PERIODICALLY.--
1152
(a) Each person who seeks certification under this chapter
1153
must undergo state and national criminal history records checks
1154
pursuant to s. 435.04 and may not have been convicted of any
1155
disqualifying offense under s. 1012.315. An individual is exempt
1156
from undergoing an additional state and national criminal history
1157
records checks if the checks have meet level 2 screening
1158
requirements as described in s. 1012.32 unless a level 2
1159
screening has been conducted by a district school board or the
1160
Department of Education within 12 months before the date the
1161
person initially obtains certification under this chapter, the
1162
results of which are submitted to the district school board or to
1163
the Department of Education.
1164
(b) A person may not receive a certificate under this
1165
chapter until the person undergoes state and national criminal
1166
history records checks pursuant to s. 435.04 verifying that the
1167
person has not been convicted of a disqualifying offense as
1168
described in s. 1012.315, level 2 screening has been completed
1169
and the results have been submitted to the Department of
1170
Education or to the district school superintendent of the school
1171
district that employs the person. Every 5 years after obtaining
1172
initial certification, each person who is required to be
1173
certified under this chapter must meet the level 2 screening
1174
requirements as described in paragraph (a) s. 1012.32, at which
1175
time the school district shall request the Department of Law
1176
Enforcement to forward the fingerprints to the Federal Bureau of
1177
Investigation for national processing the level 2 screening. If,
1178
for any reason after obtaining initial certification, the
1179
fingerprints of a person who is required to be certified under
1180
this chapter are not retained by the Department of Law
1181
Enforcement under s. 1012.32(3)(a) and (b), the person must file
1182
a complete set of fingerprints with the district school
1183
superintendent of the employing school district. Upon submission
1184
of fingerprints for this purpose, the school district shall
1185
request the Department of Law Enforcement to forward the
1186
fingerprints to the Federal Bureau of Investigation for national
1187
processing the level 2 screening, and the fingerprints shall be
1188
retained by the Department of Law Enforcement under s.
1189
1012.32(3)(a) and (b). The cost of the state and federal criminal
1190
history check required by paragraph (a) and this paragraph level
1191
2 screening may be borne by the district school board or the
1192
employee. Under penalty of perjury, each person who is certified
1193
under this chapter must agree to inform his or her employer
1194
within 48 hours if convicted of any disqualifying offense while
1195
he or she is employed in a position for which such certification
1196
is required.
1197
(c) If it is found under s. 1012.796 that a person who is
1198
employed in a position requiring certification under this chapter
1199
is ineligible for employment under s. 1012.315 does not meet the
1200
level 2 screening requirements, the person's certification shall
1201
be immediately revoked or suspended and he or she shall be
1202
immediately suspended from the position requiring certification.
1203
(14) PERSONNEL RECORDS.--The Department of Education shall
1204
maintain an electronic database that includes, but need not be
1205
limited to, a complete statement of the academic preparation,
1206
professional training, and teaching experience of each person to
1207
whom a certificate is issued. The applicant or the district
1208
school superintendent shall furnish the information using a
1209
format or forms provided by the department.
1210
Section 37. Subsection (1) and paragraph (a) of subsection
1211
(8) of section 1012.79, Florida Statutes, are amended to read:
1212
1012.79 Education Practices Commission; organization.--
1213
(1) The Education Practices Commission consists of 25 17
1214
members, including 8 7 teachers;, 5 administrators, at least one
1215
of whom shall represent a private school; 7 and 5 lay citizens,
1216
(of whom 5 shall be parents of public school students and who are
1217
unrelated to public school employees and 2 shall be current or
1218
former district school board members;), and 5 sworn law
1219
enforcement officials, appointed by the State Board of Education
1220
from nominations by the Commissioner of Education and subject to
1221
Senate confirmation. Before Prior to making nominations, the
1222
commissioner shall consult with the teaching associations, parent
1223
organizations, law enforcement agencies, and other involved
1224
associations in the state. In making nominations, the
1225
commissioner shall attempt to achieve equal geographical
1226
representation, as closely as possible.
1227
(a) A teacher member, in order to be qualified for
1228
appointment:
1229
1. Must be certified to teach in the state.
1230
2. Must be a resident of the state.
1231
3. Must have practiced the profession in this state for at
1232
least 5 years immediately preceding the appointment.
1233
(b) A school administrator member, in order to be qualified
1234
for appointment:
1235
1. Must have an endorsement on the educator certificate in
1236
the area of school administration or supervision.
1237
2. Must be a resident of the state.
1238
3. Must have practiced the profession as an administrator
1239
for at least 5 years immediately preceding the appointment.
1240
(c) The lay members must be residents of the state.
1241
(d) The members who are law enforcement officials must have
1242
served in the profession for at least 5 years immediately
1243
preceding appointment and have background expertise in child
1244
safety.
1245
(8)(a) The commission shall, from time to time, designate
1246
members of the commission to serve on panels for the purpose of
1247
reviewing and issuing final orders upon cases presented to the
1248
commission. A case concerning a complaint against a teacher shall
1249
be reviewed and a final order thereon shall be entered by a panel
1250
composed of five commission members, at least one of whom must be
1251
a parent, one of whom must be a sworn law enforcement officer,
1252
and three of whom must shall be teachers. A case concerning a
1253
complaint against an administrator shall be reviewed and a final
1254
order thereon shall be entered by a panel composed of five
1255
commission members, at least one of whom must be a parent, one of
1256
whom must be a sworn law enforcement officer, and three of whom
1257
shall be administrators.
1258
Section 38. Subsection (1) of section 1012.795, Florida
1259
Statutes, is amended to read:
1260
1012.795 Education Practices Commission; authority to
1261
discipline.--
1262
(1) The Education Practices Commission may suspend the
1263
educator certificate of any person as defined in s. 1012.01(2) or
1264
(3) for a period of time not to exceed 5 years, thereby denying
1265
that person the right to teach or otherwise be employed by a
1266
district school board or public school in any capacity requiring
1267
direct contact with students for that period of time, after which
1268
the holder may return to teaching as provided in subsection (4);
1269
may revoke the educator certificate of any person, thereby
1270
denying that person the right to teach or otherwise be employed
1271
by a district school board or public school in any capacity
1272
requiring direct contact with students for a period of time not
1273
to exceed 10 years, with reinstatement subject to the provisions
1274
of subsection (4); may revoke permanently the educator
1275
certificate of any person thereby denying that person the right
1276
to teach or otherwise be employed by a district school board or
1277
public school in any capacity requiring direct contact with
1278
students; may suspend the educator certificate, upon order of the
1279
court, of any person found to have a delinquent child support
1280
obligation; or may impose any other penalty provided by law, if
1281
provided it can be shown that the person:
1282
(a) Obtained or attempted to obtain an educator certificate
1283
by fraudulent means.
1284
(b) Knowingly failed to report any suspected or actual
1285
child abuse pursuant to s. 1006.061 or misconduct by
1286
instructional personnel or school administrators under s.
1287
1012.795, which affects the health, safety, or welfare of a
1288
student.
1289
(c)(b) Has proved to be incompetent to teach or to perform
1290
duties as an employee of the public school system or to teach in
1291
or to operate a private school.
1292
(d)(c) Has been guilty of gross immorality or an act
1293
involving moral turpitude as defined by rules of the State Board
1294
of Education.
1295
(e)(d) Has had an educator certificate sanctioned by
1296
revocation, suspension, or surrender in another state.
1297
(f)(e) Has been convicted of a misdemeanor, felony, or any
1298
other criminal charge, other than a minor traffic violation.
1299
(g)(f) Upon investigation, has been found guilty of
1300
personal conduct which seriously reduces that person's
1301
effectiveness as an employee of the district school board.
1302
(h)(g) Has breached a contract, as provided in s.
1303
1012.33(2).
1304
(i)(h) Has been the subject of a court order directing the
1305
Education Practices Commission to suspend the certificate as a
1306
result of a delinquent child support obligation.
1307
(j)(i) Has violated the Principles of Professional Conduct
1308
for the Education Profession prescribed by State Board of
1309
Education rules.
1310
(k)(j) Has otherwise violated the provisions of law, the
1311
penalty for which is the revocation of the educator certificate.
1312
(l)(k) Has violated any order of the Education Practices
1313
Commission.
1314
(m)(l) Has been the subject of a court order or plea
1315
agreement in any jurisdiction which requires the
1316
certificateholder to surrender or otherwise relinquish his or her
1317
educator's certificate. A surrender or relinquishment shall be
1318
for permanent revocation of the certificate. A person may not
1319
surrender or otherwise relinquish his or her certificate prior to
1320
a finding of probable cause by the commissioner as provided in s.
1321
1322
Section 39. Subsections (1), (3), and (5) of section
1323
1012.796, Florida Statutes, are amended to read:
1324
1012.796 Complaints against teachers and administrators;
1325
procedure; penalties.--
1326
(1)(a) The Department of Education shall cause to be
1327
investigated expeditiously any complaint filed before it or
1328
otherwise called to its attention which, if legally sufficient,
1329
contains grounds for the revocation or suspension of a
1330
certificate or any other appropriate penalty as set forth in
1331
subsection (7). The complaint is legally sufficient if it
1332
contains the ultimate facts which show a violation has occurred
1333
as provided in s. 1012.795 and defined by rule. The department
1334
shall may investigate or continue to investigate and take
1335
appropriate action on a complaint even though the original
1336
complainant withdraws the complaint or otherwise indicates a
1337
desire not to cause it to be investigated or prosecuted to
1338
completion. The department may investigate or continue to
1339
investigate and take action on a complaint filed against a person
1340
whose educator certificate has expired if the act or acts that
1341
which are the basis for the complaint were allegedly committed
1342
while that person possessed an educator certificate.
1343
(b) The Department of Education shall investigate
1344
immediately any complaint filed before it or otherwise called to
1345
its attention which involves misconduct by any certificated
1346
personnel which affects the health, safety, or welfare of a
1347
student. The department must investigate or continue to
1348
investigate and take action on such a complaint filed against a
1349
person whose educator certificate has expired if the act or acts
1350
that are the basis for the complaint were allegedly committed
1351
while that person possessed an educator certificate.
1352
(c)(b) When an investigation is undertaken, the department
1353
shall notify the certificateholder or applicant for certification
1354
and the district school superintendent or the university
1355
laboratory school, charter school, or private school in which the
1356
certificateholder or applicant for certification is employed or
1357
was employed at the time the alleged offense occurred. In
1358
addition, the department shall inform the certificateholder or
1359
applicant for certification of the substance of any complaint
1360
which has been filed against that certificateholder or applicant,
1361
unless the department determines that such notification would be
1362
detrimental to the investigation, in which case the department
1363
may withhold notification.
1364
(d)(c) Each school district shall file in writing with the
1365
department all legally sufficient complaints within 30 days after
1366
the date on which subject matter of the complaint comes to the
1367
attention of the school district. A complaint is legally
1368
sufficient if it contains ultimate facts that show a violation
1369
has occurred as provided in s. 1012.795 and defined by rule. The
1370
school district shall include all information relating to the
1371
complaint which is known to the school district at the time of
1372
filing. Each district school board shall develop and adopt
1373
policies and procedures to comply with this reporting
1374
requirement. School board policies and procedures must include
1375
standards for screening, hiring, and terminating employees,
1376
ethical standards for all employees, responsibilities of
1377
educators to uphold the standards, detailed steps to be followed
1378
in reporting suspected or actual misconduct by instructional
1379
personnel or a school administrator which affects the health,
1380
safety, or welfare of a student, requirements for the
1381
reassignment of an employee pending the outcome of a misconduct
1382
investigation, and penalties for failing to comply pursuant to
1384
procedures shall include appropriate penalties for all personnel
1385
of the district school board for nonreporting and procedures for
1386
promptly informing the district school superintendent of each
1387
legally sufficient complaint. The district school superintendent
1388
is charged with knowledge of these policies and procedures and is
1389
accountable for communicating the ethical standards, policies,
1390
and procedures, to be provided through professional development
1391
for all staff. If the district school superintendent has
1392
knowledge of a legally sufficient complaint and does not report
1393
the complaint, or fails to enforce the policies and procedures of
1394
the district school board, and fails to comply with the
1395
requirements of this subsection, in addition to other actions
1396
against certificateholders authorized by law, the district school
1397
superintendent is shall be subject to penalties as specified in
1398
s. 1001.51(12). If the superintendent determines that misconduct
1399
affecting the health, safety, or welfare of a student has
1400
occurred which warrants termination, the employee may resign or
1401
be terminated and a record, including information relating to the
1402
misconduct that resulted in the severance from employment, shall
1403
be reported to the Department of Education and maintained in the
1404
employee's public personnel file. This paragraph does not limit
1405
or restrict the power and duty of the department to investigate
1406
complaints as provided in paragraphs (a) and (c) (b), regardless
1407
of the school district's untimely filing, or failure to file,
1408
complaints and followup reports.
1409
(e) If allegations arise against an employee who is
1410
certified under s. 1012.56, and employed in an educator-
1411
certificated position by any school or provider in the state,
1412
such school or provider, or governing body thereof, shall file in
1413
writing with the department a legally sufficient complaint within
1414
30 days after the date on which the subject matter of the
1415
complaint came to the attention of the school or provider. A
1416
complaint is legally sufficient if it contains ultimate facts
1417
that show a violation has occurred as provided in s. 1012.795.
1418
The school or provider shall include all known information
1419
relating to the complaint with the filing of the complaint. This
1420
paragraph does not limit or restrict the power and duty of the
1421
department to investigate complaints as provided in paragraphs
1422
(a) and (c) regardless of the school's or provider's untimely
1423
filing, or failure to file, complaints and followup reports.
1424
(f)(d) Notwithstanding any other law, all law enforcement
1425
agencies, state attorneys, social service agencies, district
1426
school boards, and the Division of Administrative Hearings shall
1427
fully cooperate with and, upon request, shall provide unredacted
1428
documents to the Department of Education to further
1429
investigations and prosecutions conducted pursuant to this
1430
section. Any document received pursuant to this paragraph may not
1431
be redisclosed except as authorized by law.
1432
(3) The department staff shall advise the commissioner
1433
concerning the findings of the investigation. The department
1434
general counsel or members of that staff shall review the
1435
investigation and advise the commissioner concerning probable
1436
cause or lack thereof. The determination of probable cause shall
1437
be made by the commissioner. The commissioner shall provide an
1438
opportunity for a conference, if requested, prior to determining
1439
probable cause. The commissioner may enter into deferred
1440
prosecution agreements in lieu of finding probable cause if, when
1441
in his or her judgment, such agreements are would be in the best
1442
interests of the department, the certificateholder, and the
1443
public. Such deferred prosecution agreements shall become
1444
effective when filed with the clerk of the Education Practices
1445
Commission. However, a deferred prosecution agreement shall not
1446
be entered into if where there is probable cause to believe that
1447
a felony or an act of moral turpitude, as defined in rule, has
1448
occurred. Upon finding no probable cause, the commissioner shall
1449
dismiss the complaint.
1450
(5) When an allegation of misconduct with a student by
1451
instructional personnel or a school administrator, as defined in
1452
s. 1012.01, occurs deemed necessary to protect the health,
1453
safety, and welfare of a minor student, the district school
1454
superintendent in consultation with the school principal, or may,
1455
and upon the request of the Commissioner of Education, must
1456
immediately shall, temporarily suspend the employee a
1457
certificateholder from the certificateholder's regularly assigned
1458
duties, with pay, and reassign the suspended instructor or
1459
administrator certificateholder to a position that does not
1460
require direct contact with students in the district school
1461
system. Such suspension shall continue until the completion of
1462
the proceedings and the determination of sanctions, if any,
1463
pursuant to this section and s. 1012.795.
1464
Section 40. Paragraph (b) of subsection (4) of section
1465
1012.98, Florida Statutes, is amended to read:
1466
1012.98 School Community Professional Development Act.--
1467
(4) The Department of Education, school districts, schools,
1468
community colleges, and state universities share the
1469
responsibilities described in this section. These
1470
responsibilities include the following:
1471
(b) Each school district shall develop a professional
1472
development system as specified in subsection (3). The system
1473
shall be developed in consultation with teachers, teacher-
1474
educators of community colleges and state universities, business
1475
and community representatives, and local education foundations,
1476
consortia, and professional organizations. The professional
1477
development system must:
1478
1. Be approved by the department. All substantial revisions
1479
to the system shall be submitted to the department for review for
1480
continued approval.
1481
2. Be based on analyses of student achievement data and
1482
instructional strategies and methods that support rigorous,
1483
relevant, and challenging curricula for all students. Schools and
1484
districts, in developing and refining the professional
1485
development system, shall also review and monitor school
1486
discipline data; school environment surveys; assessments of
1487
parental satisfaction; performance appraisal data of teachers,
1488
managers, and administrative personnel; and other performance
1489
indicators to identify school and student needs that can be met
1490
by improved professional performance.
1491
3. Provide inservice activities coupled with followup
1492
support appropriate to accomplish district-level and school-level
1493
improvement goals and standards. The inservice activities for
1494
instructional personnel shall focus on analysis of student
1495
achievement data, ongoing formal and informal assessments of
1496
student achievement, identification and use of enhanced and
1497
differentiated instructional strategies that emphasize rigor,
1498
relevance, and reading in the content areas, enhancement of
1499
subject content expertise, integrated use of classroom technology
1500
that enhances teaching and learning, classroom management, parent
1501
involvement, and school safety.
1502
4. Include a master plan for inservice activities, pursuant
1503
to rules of the State Board of Education, for all district
1504
employees from all fund sources. The master plan shall be updated
1505
annually by September 1, must be based on input from teachers and
1506
district and school instructional leaders, and must use the
1507
latest available student achievement data and research to enhance
1508
rigor and relevance in the classroom. Each district inservice
1509
plan must be aligned to and support the school-based inservice
1510
plans and school improvement plans pursuant to s. 1001.42(18) s.
1511
1001.42(16). District plans must be approved by the district
1512
school board annually in order to ensure compliance with
1513
subsection (1) and to allow for dissemination of research-based
1514
best practices to other districts. District school boards must
1515
submit verification of their approval to the Commissioner of
1516
Education no later than October 1, annually.
1517
5. Require each school principal to establish and maintain
1518
an individual professional development plan for each
1519
instructional employee assigned to the school as a seamless
1520
component to the school improvement plans developed pursuant to
1522
development plan must:
1523
a. Be related to specific performance data for the students
1524
to whom the teacher is assigned.
1525
b. Define the inservice objectives and specific measurable
1526
improvements expected in student performance as a result of the
1527
inservice activity.
1528
c. Include an evaluation component that determines the
1529
effectiveness of the professional development plan.
1530
6. Include inservice activities for school administrative
1531
personnel that address updated skills necessary for instructional
1532
leadership and effective school management pursuant to s.
1533
1534
7. Provide for systematic consultation with regional and
1535
state personnel designated to provide technical assistance and
1536
evaluation of local professional development programs.
1537
8. Provide for delivery of professional development by
1538
distance learning and other technology-based delivery systems to
1539
reach more educators at lower costs.
1540
9. Provide for the continuous evaluation of the quality and
1541
effectiveness of professional development programs in order to
1542
eliminate ineffective programs and strategies and to expand
1543
effective ones. Evaluations must consider the impact of such
1544
activities on the performance of participating educators and
1545
their students' achievement and behavior.
1546
Section 41. Subsection (4) of section 1013.03, Florida
1547
Statutes, is amended to read:
1548
1013.03 Functions of the department and the Board of
1549
Governors.--The functions of the Department of Education as it
1550
pertains to educational facilities of school districts and
1551
community colleges and of the Board of Governors as it pertains
1552
to educational facilities of state universities shall include,
1553
but not be limited to, the following:
1554
(4) Require each board and other appropriate agencies to
1555
submit complete and accurate financial data as to the amounts of
1556
funds from all sources that are available and spent for
1557
construction and capital improvements. The commissioner shall
1558
prescribe the format and the date for the submission of this data
1559
and any other educational facilities data. If any district does
1560
not submit the required educational facilities fiscal data by the
1561
prescribed date, the Commissioner of Education shall notify the
1562
district school board of this fact and, if appropriate action is
1563
not taken to immediately submit the required report, the district
1564
school board shall be directed to proceed pursuant to s.
1566
community college or university does not submit the required
1567
educational facilities fiscal data by the prescribed date, the
1568
same policy prescribed in this subsection for school districts
1569
shall be implemented.
1570
Section 42. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.