Florida Senate - 2008 CS for CS for CS for SB 1712
By the Committees on Education Pre-K - 12 Appropriations; Governmental Operations; Education Pre-K - 12; Education Pre-K - 12; and Senator Carlton
602-05461B-08 20081712c3
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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 charter school sponsor to suspend
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the school's charter for failing to comply with these
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requirements; amending s. 1002.36, F.S.; requiring the
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Florida School for the Deaf and the Blind to meet certain
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requirements governing the screening of educators;
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of certain private schools and private prekindergarten
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providers to adopt ethical standards for all employees;
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prohibiting confidentiality agreements regarding
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terminated or dismissed employees which have the effect of
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concealing certain conduct; requiring such owners and
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providers to contact the previous employer of each
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instructional or administrative candidate for employment;
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and 1004.92, F.S.; conforming cross-references; amending
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s. 1006.061, F.S.; requiring the school board, charter
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school, private school participating in a state school
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choice scholarship program, and private provider
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participating in the Voluntary Prekindergarten Education
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Program to post its policies relating to misconduct by
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personnel; requiring the head of such entities to act as a
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liaison in suspected cases of child abuse; amending ss.
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1011.18, F.S.; conforming cross-references; amending s.
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1012.27, F.S.; requiring the district school
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superintendent to contact the previous employer of each
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instructional or administrative candidate for employment,
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screen the candidate, and document findings; creating s.
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1012.315, F.S.; specifying offenses that disqualify
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instructional and administrative personnel from employment
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in positions involving direct contact with students;
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amending s. 1012.32, F.S.; providing that instructional
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and administrative personnel who have been convicted of
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certain offenses are disqualified from employment in
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positions having direct contact with students; amending s.
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1012.33, F.S.; providing that just cause for terminating
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instructional staff includes immorality or the commission
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of a criminal act; amending s. 1012.34, F.S., relating to
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assessment procedures; conforming a cross-reference;
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amending s. 1012.56, F.S., relating to certification
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requirements for educators; revising the requirements for
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conducting state and national criminal history records
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checks of persons seeking certification; providing for the
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Department of Education to maintain personnel records on
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an electronic database; amending s. 1012.79, F.S.;
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providing for additional members to be appointed to the
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Education Practices Commission; revising the composition
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of the panel appointed to review complaints against
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teachers; amending s. 1012.795, F.S.; providing for
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suspending the educator certificate of a person who
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knowingly fails to report child abuse or suspected or
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actual misconduct by instructional personnel; amending s.
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1012.796, F.S.; requiring the Department of Education to
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investigate each complaint involving misconduct by
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certificated personnel; clarifying what constitutes a
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legally sufficient complaint; providing requirements for
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school board policies and procedures relating to ethical
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standards; providing that the district school
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superintendent is accountable for communicating standards,
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policies, and procedures to district employees; requiring
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that an employee be immediately suspended and reassigned
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upon an allegation of misconduct affecting the health,
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safety, or welfare of a student; requiring employers of
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certified personnel to file complaints in writing to the
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F.S., relating to the School Community Professional
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Development Act and functions of the department and Board
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of Governors; conforming cross-references; providing an
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appropriation and authorizing additional positions;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as the "Ethics in
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Education Act."
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Section 2. Paragraphs (c) and (d) of subsection (5) of
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section 24.121, Florida Statutes, are amended to read:
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24.121 Allocation of revenues and expenditure of funds for
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public education.--
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(5)
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(c) A portion of such net revenues, as determined annually
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by the Legislature, shall be distributed to each school district
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and shall be made available to each public school in the district
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for enhancing school performance through development and
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implementation of a school improvement plan pursuant to s.
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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) In order to implement the provisions of s. 1002.55(2),
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the department shall, by rule, establish minimum standards for
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screening and notification of employee termination for all child
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care personnel.
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Section 6. Paragraph (c) is added to subsection (4) of
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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 access to
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electronic verification of information from the following
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employment-screening tools:
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(a) The Professional Practices' Database of Disciplinary
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Actions Against Educators; and
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(b) The Department of Education's Teacher Certification
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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
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plan.
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Section 11. Subsection (12) of section 1001.51, Florida
412
Statutes, is amended to read:
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1001.51 Duties and responsibilities of district school
414
superintendent.--The district school superintendent shall
415
exercise all powers and perform all duties listed below and
416
elsewhere in the law, provided that, in so doing, he or she shall
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advise and counsel with the district school board. The district
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school superintendent shall perform all tasks necessary to make
419
sound recommendations, nominations, proposals, and reports
420
required by law to be acted upon by the district school board.
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All such recommendations, nominations, proposals, and reports by
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the district school superintendent shall be either recorded in
423
the minutes or shall be made in writing, noted in the minutes,
424
and filed in the public records of the district school board. It
425
shall be presumed that, in the absence of the record required in
426
this section, the recommendations, nominations, and proposals
427
required of the district school superintendent were not contrary
428
to the action taken by the district school board in such matters.
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(12) RECORDS AND REPORTS.--Recommend such records as should
430
be kept in addition to those prescribed by rules of the State
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Board of Education; prepare forms for keeping such records as are
432
approved by the district school board; ensure that such records
433
are properly kept; and make all reports that are needed or
434
required, as follows:
435
(a) Forms, blanks, and reports.--Require that all employees
436
accurately keep all records and promptly make in proper form all
437
reports required by the education code or by rules of the State
438
Board of Education; recommend the keeping of such additional
439
records and the making of such additional reports as may be
440
deemed necessary to provide data essential for the operation of
441
the school system; and prepare such forms and blanks as may be
442
required and ensure that these records and reports are properly
443
prepared.
444
(b) Reports to the department.--Prepare, for the approval
445
of the district school board, all reports that may be required by
446
law or rules of the State Board of Education to be made to the
447
department and transmit promptly all such reports, when approved,
448
to the department, as required by law. If any such reports are
449
not transmitted at the time and in the manner prescribed by law
450
or by State Board of Education rules, the salary of the district
451
school superintendent must be withheld until the report has been
452
properly submitted. Unless otherwise provided by rules of the
453
State Board of Education, the annual report on attendance and
454
personnel is due on or before July 1, and the annual school
455
budget and the report on finance are due on the date prescribed
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by the commissioner.
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Any district school superintendent who knowingly signs and
459
transmits to any state official a false or incorrect report known
460
to be false or incorrect or who knowingly fails to investigate
461
all reports of suspected or actual misconduct by instructional
462
personnel and school administrators, as defined in s. 1012.01,
463
which affects the health, safety, or welfare of a student or
464
report allegations of misconduct by such personnel which affects
465
the health, safety, or welfare of a student pursuant to s.
466
1012.796 forfeits shall forfeit his or her right to any salary
467
for the period of 1 year following the from that date of such act
468
or failure to act.
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Section 12. Subsection (2) of section 1001.54, Florida
470
Statutes, is amended to read:
471
1001.54 Duties of school principals.--
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(2) Each school principal shall provide instructional
473
leadership in the development, revision, and implementation of a
474
school improvement plan pursuant to s. 1001.42(18) s.
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1001.42(16).
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Section 13. Paragraph (b) of subsection (11) of section
477
1002.32, Florida Statutes, is amended to read:
478
1002.32 Developmental research (laboratory) schools.--
479
(11) EXCEPTIONS TO LAW.--To encourage innovative practices
480
and facilitate the mission of the lab schools, in addition to the
481
exceptions to law specified in s. 1001.23(2), the following
482
exceptions shall be permitted for lab schools:
484
1001.42 shall be held in abeyance. Reference to district school
486
of the university or the president's designee.
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Section 14. Paragraph (g) of subsection (12) of section
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1002.33, Florida Statutes, is amended to read:
489
1002.33 Charter schools.--
490
(12) EMPLOYEES OF CHARTER SCHOOLS.--
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(g) In order to protect the health, safety, or welfare of
492
students, a charter school governing board shall:
493
1. A charter school shall Employ or contract with employees
494
who have undergone background screening as provided in s.
495
1012.32. Members of the governing board of the charter school
496
shall also undergo background screening in a manner similar to
497
that provided in s. 1012.32.
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2. Disqualify any individual convicted of an offense
499
pursuant to s. 1012.315 from employment in an instructional or
500
school administrator position that involves direct contact with
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students.
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3. Adopt and communicate policies and procedures setting
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forth ethical standards for all employees and include policies
504
and procedures in professional development for all staff. The
505
policies and procedures must include responsibilities and
506
procedures for reporting suspected or actual misconduct by
507
instructional personnel or a school administrator which affects
508
the health, safety, or welfare of a student and an explanation of
509
liability protections provided to students, parents, and
511
suspected or actual misconduct that affects the health, safety,
512
or welfare of a student. A charter school or any of its employees
513
may not enter into a confidentiality agreement regarding a
514
terminated or dismissed employee or an employee who resigns in
515
lieu of termination based in whole or in part on unethical
516
conduct that affects the health, safety, or welfare of a student
517
and may not provide the employee with a favorable recommendation
518
for employment in another educational setting. Any portion of an
519
agreement or contract that has the purpose or effect of
520
concealing the conduct of an educator regarding actions over
521
which the Education Practices Commission has disciplinary
522
jurisdiction is void, is contrary to public policy, and may not
523
be enforced.
524
4. Before appointing a candidate to an instructional or
525
school administrator position that involves direct contact with
526
students, contact the previous employer of the candidate to
527
assess the candidate's ability to meet ethical standards for
528
professional educators, screen the candidate through the use of
529
educator screening tools described in s. 1001.10(5), and document
530
the findings.
531
5. The sponsor of a charter school that fails to comply
532
with this paragraph shall terminate the charter pursuant to
533
subsection (8).
534
Section 15. Paragraph (g) is added to subsection (7) of
535
section 1002.36, Florida Statutes, to read:
536
1002.36 Florida School for the Deaf and the Blind.--
537
(7) PERSONNEL SCREENING.--
538
(g) For the purpose of protecting the health, safety, or
539
welfare of students and the ethical standards for professional
540
educators, the Florida School for the Deaf and the Blind shall be
541
considered a school district and shall meet the provisions of ss.
544
Section 16. Present subsections (4), (5), and (6) of
545
section 1002.421, Florida Statutes, are redesignated as
546
subsections (5), (6), and (7), respectively, and a new subsection
547
(4) is added to that section, to read:
548
1002.421 Accountability of private schools participating in
549
state school choice scholarship programs.--
550
(4) A private school participating in a scholarship program
551
under this section shall:
552
(a) Disqualify from employment in an instructional or
553
school administrator position that involves direct contact with
554
students any individual convicted of a disqualifying offense
555
identified under s. 1012.315.
556
(b) Adopt and communicate policies and procedures setting
557
forth ethical standards for all employees and include policies
558
and procedures in professional development for all staff. The
559
policies and procedures must include responsibilities and
560
procedures for reporting suspected or actual misconduct by
561
instructional personnel or a school administrator which affects
562
the health, safety, or welfare of a student and an explanation of
563
liability protections provided to students, parents, and
565
suspected or actual misconduct that affects the health, safety,
566
or welfare of a student. A private school or any of its employees
567
may not enter into a confidentiality agreement regarding a
568
terminated or dismissed employee or an employee who resigns in
569
lieu of termination based in whole or in part on unethical
570
conduct that affects the health, safety, or welfare of a student
571
and may not provide the employee with a favorable recommendation
572
for employment in another educational setting. Any portion of an
573
agreement or contract that has the purpose or effect of
574
concealing the misconduct of an educator is void, is contrary to
575
public policy, and may not be enforced.
576
(c) Prior to appointing a candidate to an instructional or
577
school administrator position that involves direct contact with
578
students, contact the previous employer of the candidate to
579
assess the candidate's ability to meet ethical standards for
580
professional educators, screen the candidate through the use of
581
educator screening tools described in s. 1001.10(5), and document
582
the findings.
583
584
The department shall prohibit a private school that accepts
585
scholarship students under chapter 1002 or s. 220.187 and that
586
fails to comply with this subsection from accepting such
587
scholarship students and shall disqualify the private school from
588
accepting funds under those programs for a period of 1 state
589
fiscal year and until the private school complies with this
590
subsection.
591
Section 17. Present subsections (2), (3), and (4) of
592
section 1002.55, Florida Statutes, are renumbered as subsections
593
(3), (4), and (5), respectively, a new subsection (2) is added to
594
that section, and present subsection (4) of that section is
595
amended, to read:
596
1002.55 School-year prekindergarten program delivered by
597
private prekindergarten providers.--
598
(2) A private provider participating in the Voluntary
599
Prekindergarten Education Program under this section must comply
600
with the following:
601
(a) The provider must complete ethics training that has
602
been developed jointly by the Department of Children and Family
603
Services, the Department of Education, and the Agency for
604
Workforce Innovation. Such training shall include strategies on
605
how to adopt and communicate policies, responsibilities, and
606
procedures for reporting suspected or actual misconduct by a
607
prekindergarten instructor or administrator which affects the
608
health, safety, or welfare of a student, and an explanation of
609
liability protections provided to students, parents, and
611
completion of training shall be documented on the child care
612
personnel training transcript of the Department of Children and
613
Family Services.
614
(b) The provider must disqualify from employment any
615
prekindergarten instructor or administrator who has been
616
convicted of a disqualifying offense identified under s. 435.04.
617
(c) Before appointing a candidate as a prekindergarten
618
instructor or administrator, the provider must contact the
619
candidate's previous employer pursuant to ss. 402.302(13) and
620
435.10 to assess the candidate's ability to meet ethical
621
standards for professional educators, screen the candidate
622
through the use of the educator-screening tools described in s.
623
1001.10(5) and the electronic database of the Department of
624
Children and Family Services, and document the findings.
625
(d) The provider may not enter into a confidentiality
626
agreement regarding a terminated or dismissed employee or an
627
employee who resigns in lieu of termination based in whole or in
628
part on unethical conduct that affects the health, safety, or
629
welfare of a student and may not provide the employee with a
630
favorable recommendation for employment in another educational
631
setting. A portion of an agreement or contract that has the
632
purpose or effect of concealing the misconduct of a
633
prekindergarten instructor or administrator is void, is contrary
634
to public policy, and may not be enforced.
635
(e) The Agency for Workforce Innovation shall prohibit a
636
private provider that fails to comply with this subsection from
637
accepting funds under the Voluntary Prekindergarten Program for a
638
period of 1 state fiscal year and until the provider complies
639
with this subsection.
640
(5)(4) A prekindergarten instructor, in lieu of the minimum
641
credentials and courses required under paragraph (4)(c) (3)(c),
642
may hold one of the following educational credentials:
643
(a) A bachelor's or higher degree in early childhood
644
education, prekindergarten or primary education, preschool
645
education, or family and consumer science;
646
(b) A bachelor's or higher degree in elementary education,
647
if the prekindergarten instructor has been certified to teach
648
children any age from birth through 6th grade, regardless of
649
whether the instructor's educator certificate is current, and if
650
the instructor is not ineligible to teach in a public school
651
because his or her educator certificate is suspended or revoked;
652
(c) An associate's or higher degree in child development;
653
(d) An associate's or higher degree in an unrelated field,
654
at least 6 credit hours in early childhood education or child
655
development, and at least 480 hours of experience in teaching or
656
providing child care services for children any age from birth
657
through 8 years of age; or
658
(e) An educational credential approved by the department as
659
being equivalent to or greater than an educational credential
660
described in this subsection. The department may adopt criteria
661
and procedures for approving equivalent educational credentials
662
under this paragraph.
663
Section 18. Subsections (4) and (6) of section 1002.61,
664
Florida Statutes, are amended to read:
665
1002.61 Summer prekindergarten program delivered by public
666
schools and private prekindergarten providers.--
668
1002.63(5), each public school and private prekindergarten
669
provider must have, for each prekindergarten class, at least one
670
prekindergarten instructor who:
671
(a) Is a certified teacher; or
672
(b) Holds one of the educational credentials specified in
673
s. 1002.55(4)(a) or (b).
674
675
As used in this subsection, the term "certified teacher" means a
676
teacher holding a valid Florida educator certificate under s.
677
1012.56 who has the qualifications required by the district
678
school board to instruct students in the summer prekindergarten
679
program. In selecting instructional staff for the summer
680
prekindergarten program, each school district shall give priority
681
to teachers who have experience or coursework in early childhood
682
education.
684
1002.63(7), each prekindergarten class in the summer
685
prekindergarten program, regardless of whether the class is a
686
public school's or private prekindergarten provider's class, must
687
have be composed of at least 4 students but may not exceed 10
688
students. In order to protect the health and safety of students,
689
each public school or private prekindergarten provider must also
690
provide appropriate adult supervision for students at all times.
691
This subsection does not supersede any requirement imposed on a
693
Section 19. Subsections (5) and (7) of section 1002.63,
694
Florida Statutes, are amended to read:
695
1002.63 School-year prekindergarten program delivered by
696
public schools.--
697
(5) Each public school must have, for each prekindergarten
698
class, at least one prekindergarten instructor who meets each
700
prekindergarten instructor of a private prekindergarten provider.
701
(7) Each prekindergarten class in a public school
702
delivering the school-year prekindergarten program must have be
703
composed of at least 4 students but may not exceed 18 students.
704
In order to protect the health and safety of students, each
705
school must also provide appropriate adult supervision for
706
students at all times and, for each prekindergarten class
707
composed of 11 or more students, must have, in addition to a
708
prekindergarten instructor who meets the requirements of s.
710
prekindergarten instructor who is not required to meet those
711
requirements but who must meet each requirement of subsection
712
(6).
713
Section 20. Paragraph (a) of subsection (2) of section
714
1002.65, Florida Statutes, is amended to read:
715
1002.65 Professional credentials of prekindergarten
716
instructors; aspirational goals; legislative intent.--
717
(2) To improve these educational outcomes, the Legislature
718
intends that all prekindergarten instructors will continue to
719
improve their skills and preparation through education and
720
training, so that the following aspirational goals will be
721
achieved:
722
(a) By the 2010-2011 school year:
723
1. Each prekindergarten class will have at least one
724
prekindergarten instructor who holds an associate's or higher
725
degree in the field of early childhood education or child
726
development; and
727
2. For each prekindergarten class composed of 11 or more
728
students, in addition to a prekindergarten instructor who meets
729
the requirements of subparagraph 1., the class will have at least
730
one prekindergarten instructor who meets the requirements of s.
732
Section 21. Subsection (2) of section 1003.413, Florida
733
Statutes, is amended to read:
734
1003.413 Florida Secondary School Redesign Act.--
735
(2) The following guiding principles for secondary school
736
redesign shall be used in the annual preparation of each
737
secondary school's improvement plan required by s. 1001.42(18) s.
738
1001.42(16):
739
(a) Struggling students, especially those in failing
740
schools, need the highest quality teachers and dramatically
741
different, innovative approaches to teaching and learning.
742
(b) Every teacher must contribute to every student's
743
reading improvement.
744
(c) Quality professional development provides teachers and
745
principals with the tools they need to better serve students.
746
(d) Small learning communities allow teachers to
747
personalize instruction to better address student learning
748
styles, strengths, and weaknesses.
749
(e) Intensive intervention in reading and mathematics must
750
occur early and through innovative delivery systems.
751
(f) Parents need access to tools they can use to monitor
752
their child's progress in school, communicate with teachers, and
753
act early on behalf of their child.
754
(g) Applied and integrated courses help students see the
755
relationships between subjects and relevance to their futures.
756
(h) School is more relevant when students choose courses
757
based on their goals, interests, and talents.
758
(i) Master schedules should not determine instruction and
759
must be designed based on student needs, not adult or
760
institutional needs.
761
(j) Academic and career planning engages students in
762
developing a personally meaningful course of study so they can
763
achieve goals they have set for themselves.
764
Section 22. Paragraph (b) of subsection (2) of section
765
1003.53, Florida Statutes, is amended to read:
766
1003.53 Dropout prevention and academic intervention.--
767
(2)
768
(b) Each school that establishes a dropout prevention and
769
academic intervention program at that school site shall reflect
770
that program in the school improvement plan as required under s.
772
Section 23. Subsections (1) and (3) of section 1004.92,
773
Florida Statutes, are amended to read:
774
1004.92 Purpose and responsibilities for career
775
education.--
776
(1) The purpose of career education is to enable students
777
who complete career programs to attain and sustain employment and
778
realize economic self-sufficiency. The purpose of this section is
779
to identify issues related to career education for which school
780
boards and community college boards of trustees are accountable.
781
It is the intent of the Legislature that the standards
782
articulated in subsection (2) be considered in the development of
783
accountability standards for public schools pursuant to ss.
785
colleges pursuant to s. 1008.45.
786
(3) Each career center operated by a district school board
787
shall establish a center advisory council pursuant to s.
788
1001.452. The center advisory council shall assist in the
789
preparation and evaluation of center improvement plans required
791
assistance, upon the request of the center director, in the
792
preparation of the center's annual budget and plan as required by
793
s. 1008.385(1).
794
Section 24. Section 1006.061, Florida Statutes, is amended
795
to read:
796
1006.061 Child abuse, abandonment, and neglect
797
policy.--Each district school board, charter school, private
798
school participating in a state school choice scholarship
799
program, and private provider participating in the Voluntary
800
Prekindergarten Education Program shall:
801
(1) Post in a prominent place in each school a notice that,
802
pursuant to chapter 39, all employees and agents of the district
803
school board, charter school, private school, or private provider
804
have an affirmative duty to report all actual or suspected cases
805
of child abuse, abandonment, or neglect; have immunity from
806
liability if they report such cases in good faith; and have a
807
duty to comply with child protective investigations and all other
808
provisions of law relating to child abuse, abandonment, and
809
neglect. The notice shall also include the statewide toll-free
810
telephone number of the central abuse hotline.
811
(2) Post in a prominent place at each school site and on
812
each school website, the policies and procedures for reporting
813
suspected or actual misconduct by instructional personnel or
814
school administrators, as defined in s. 1012.01, which affects
815
the health, safety, or welfare of a student, the contact person
816
to whom the report should be made, and the penalties imposed on
817
employees or agents for failing to report suspected or actual
818
child abuse or misconduct by instructional personnel or school
819
administrators which affects the health, safety, or welfare of a
820
student.
821
(3)(2) Require the person in charge of the charter school,
822
private school, or private provider or the district school
823
superintendent, or the superintendent's designee, at the request
824
of the Department of Children and Family Services, to act as a
825
liaison to the Department of Children and Family Services and the
826
child protection team, as defined in s. 39.01, when in a case of
827
suspected child abuse, abandonment, or neglect or an unlawful
828
sexual offense involving a child the case is referred to such a
829
team; except that this does not relieve or restrict the
830
Department of Children and Family Services from discharging its
831
duty and responsibility under the law to investigate and report
832
every suspected or actual case of child abuse, abandonment, or
833
neglect or unlawful sexual offense involving a child.
834
Section 25. Paragraph (c) of subsection (2) of section
835
1007.21, Florida Statutes, is amended to read:
836
1007.21 Readiness for postsecondary education and the
837
workplace.--
838
(2)
839
(c) The common placement test authorized in ss. 1001.03(11)
841
all high school second semester sophomores who have chosen one of
842
the four destinations. The results of the placement test shall be
843
used to target additional instructional needs in reading,
844
writing, and mathematics prior to graduation.
845
Section 26. Subsection (5) of section 1007.23, Florida
846
Statutes, is amended to read:
847
1007.23 Statewide articulation agreement.--
848
(5) The articulation agreement must guarantee the
849
articulation of 9 credit hours toward a postsecondary degree in
850
early childhood education for programs approved by the State
851
Board of Education and the Board of Governors which:
852
(a) Award a child development associate credential issued
853
by the National Credentialing Program of the Council for
854
Professional Recognition or award a credential approved under s.
856
being equivalent to the child development associate credential;
857
and
858
(b) Include training in emergent literacy which meets or
859
exceeds the minimum standards for training courses for
860
prekindergarten instructors of the Voluntary Prekindergarten
861
Education Program in s. 1002.59.
862
Section 27. Subsection (4) of section 1008.33, Florida
863
Statutes, is amended to read:
864
1008.33 Authority to enforce public school improvement.--It
865
is the intent of the Legislature that all public schools be held
866
accountable for students performing at acceptable levels. A
867
system of school improvement and accountability that assesses
868
student performance by school, identifies schools in which
869
students are not making adequate progress toward state standards,
870
institutes appropriate measures for enforcing improvement, and
871
provides rewards and sanctions based on performance shall be the
872
responsibility of the State Board of Education.
873
(4) The State Board of Education may require the Department
874
of Education or Chief Financial Officer to withhold any transfer
875
of state funds to the school district if, within the timeframe
876
specified in state board action, the school district has failed
877
to comply with the action ordered to improve the district's low-
878
performing schools. Withholding the transfer of funds shall occur
879
only after all other recommended actions for school improvement
880
have failed to improve performance. The State Board of Education
881
may impose the same penalty on any district school board that
882
fails to develop and implement a plan for assistance and
883
intervention for low-performing schools as specified in s.
885
Section 28. Paragraph (c) of subsection (6) of section
886
1008.345, Florida Statutes, is amended to read:
887
1008.345 Implementation of state system of school
888
improvement and education accountability.--
889
(6)
890
(c) Pursuant to s. 24.121(5)(d), the department shall not
891
release funds from the Educational Enhancement Trust Fund to any
892
district in which a school, including schools operating for the
893
purpose of providing educational services to youth in Department
894
of Juvenile Justice programs, does not have an approved school
896
after 1 full school year of planning and development, or does not
897
comply with school advisory council membership composition
898
requirements pursuant to s. 1001.452. The department shall send a
899
technical assistance team to each school without an approved plan
900
to develop such school improvement plan or to each school without
901
appropriate school advisory council membership composition to
902
develop a strategy for corrective action. The department shall
903
release the funds upon approval of the plan or upon establishment
904
of a plan of corrective action. Notice shall be given to the
905
public of the department's intervention and shall identify each
906
school without a plan or without appropriate school advisory
907
council membership composition.
908
Section 29. Subsection (5) of section 1010.215, Florida
909
Statutes, is amended to read:
910
1010.215 Educational funding accountability.--
911
(5) The annual school public accountability report required
913
financial report. The purpose of the school financial report is
914
to better inform parents and the public concerning how funds were
915
spent to operate the school during the prior fiscal year. Each
916
school's financial report must follow a uniform, districtwide
917
format that is easy to read and understand.
918
(a) Total revenue must be reported at the school, district,
919
and state levels. The revenue sources that must be addressed are
920
state and local funds, other than lottery funds; lottery funds;
921
federal funds; and private donations.
922
(b) Expenditures must be reported as the total expenditures
923
per unweighted full-time equivalent student at the school level
924
and the average expenditures per full-time equivalent student at
925
the district and state levels in each of the following categories
926
and subcategories:
927
1. Teachers, excluding substitute teachers, and education
928
paraprofessionals who provide direct classroom instruction to
929
students enrolled in programs classified by s. 1011.62 as:
930
a. Basic programs;
931
b. Students-at-risk programs;
932
c. Special programs for exceptional students;
933
d. Career education programs; and
934
e. Adult programs.
935
2. Substitute teachers.
936
3. Other instructional personnel, including school-based
937
instructional specialists and their assistants.
938
4. Contracted instructional services, including training
939
for instructional staff and other contracted instructional
940
services.
941
5. School administration, including school-based
942
administrative personnel and school-based education support
943
personnel.
944
6. The following materials, supplies, and operating capital
945
outlay:
946
a. Textbooks;
947
b. Computer hardware and software;
948
c. Other instructional materials;
949
d. Other materials and supplies; and
950
e. Library media materials.
951
7. Food services.
952
8. Other support services.
953
9. Operation and maintenance of the school plant.
954
(c) The school financial report must also identify the
955
types of district-level expenditures that support the school's
956
operations. The total amount of these district-level expenditures
957
must be reported and expressed as total expenditures per full-
958
time equivalent student.
959
Section 30. Paragraph (b) of subsection (6) of section
960
1011.18, Florida Statutes, is amended to read:
961
1011.18 School depositories; payments into and withdrawals
962
from depositories.--
963
(6) EXEMPTION FOR SELF-INSURANCE PROGRAMS AND THIRD-PARTY
964
ADMINISTERED EMPLOYEES' FRINGE BENEFIT PROGRAMS.--
965
(b) The district school board may contract with an
966
insurance company or professional administrator who holds a valid
967
certificate of authority issued by the Office of Insurance
968
Regulation of the Financial Services Commission to provide any or
969
all services that a third-party administrator is authorized by
970
law to perform. Pursuant to such contract, the district school
971
board may advance or remit money to the administrator to be
972
deposited in a designated special checking account for paying
973
claims against the district school board under its self-insurance
974
programs, and remitting premiums to the providers of insured
975
benefits on behalf of the district school board and the
976
participants in such programs, and otherwise fulfilling the
977
obligations imposed upon the administrator by law and the
978
contractual agreements between the district school board and the
979
administrator. The special checking account shall be maintained
980
in a designated district school depository. The district school
981
board may replenish such account as often as necessary upon the
982
presentation by the service organization of documentation for
983
claims or premiums due paid equal to the amount of the requested
984
reimbursement. Such replenishment shall be made by a warrant
985
signed by the chair of the district school board and
986
countersigned by the district school superintendent. Such
987
replenishment may be made by electronic, telephonic, or other
988
medium, and each transfer shall be confirmed in writing and
989
signed by the district school superintendent or his or her
990
designee. The provisions of strict accountability of all funds
991
and an annual audit by an independent certified public accountant
993
this subsection.
994
Section 31. Present subsection (6) of section 1012.27,
995
Florida Statutes, is redesignated as subsection (7), and a new
996
subsection (6) is added to that section, to read:
997
1012.27 Public school personnel; powers and duties of
998
district school superintendent.--The district school
999
superintendent is responsible for directing the work of the
1000
personnel, subject to the requirements of this chapter, and in
1001
addition the district school superintendent shall perform the
1002
following:
1003
(6) Before appointing a candidate to an instructional or
1004
school administrator position that involves direct contact with
1005
students, contact the candidate's previous employer to assess the
1006
candidate's ability to meet state and local ethical standards for
1007
professional educators, screen the candidate using the screening
1008
tools as described in s. 1001.10(5), and document the findings.
1009
Section 32. Section 1012.315, Florida Statutes, is created
1010
to read:
1011
1012.315 Disqualification from employment.--
1012
(1) Any instructional personnel or school administrators,
1013
as defined in s. 1012.01, are ineligible for employment in any
1014
position that involves direct contact with students if convicted
1015
of the following disqualifying offenses:
1016
(a) Any offense listed in s. 435.04;
1017
(b) Section 787.025, relating to luring or enticing a
1018
child;
1019
(c) Section 794.05, relating to unlawful sexual activity
1020
with certain minors;
1021
(d) Section 810.14, relating to voyeurism;
1022
(e) Section 810.145, relating to video voyeurism;
1023
(f) Conviction of a crime involving moral turpitude; or
1024
(g) Any delinquent act that qualified or would have
1025
qualified an individual for inclusion on the Registered Juvenile
1026
Sex Offender List pursuant to s. 943.0435(1)(a)1.d.
1027
(2) A criminal act committed in another state or under
1028
federal law, the elements of which constitute a criminal act as
1029
described in subsection (1) shall, for purposes of
1030
disqualification, be considered as if the act was committed in
1031
this state.
1032
Section 33. Subsection (1) of section 1012.32, Florida
1033
Statutes, is amended to read:
1034
1012.32 Qualifications of personnel.--
1035
(1)(a) To be eligible for appointment in any position in
1036
any district school system, a person shall be of good moral
1037
character; shall have attained the age of 18 years, if he or she
1038
is to be employed in an instructional capacity; and shall, when
1039
required by law, hold a certificate or license issued under rules
1040
of the State Board of Education or the Department of Children and
1041
Family Services, except when employed pursuant to s. 1012.55 or
1042
under the emergency provisions of s. 1012.24. Previous residence
1043
in this state shall not be required in any school of the state as
1044
a prerequisite for any person holding a valid Florida certificate
1045
or license to serve in an instructional capacity.
1046
(b) Any instructional personnel or school administrators,
1047
as defined in s. 1012.01, are disqualified from employment in any
1048
position having direct contact with students if convicted of a
1049
disqualifying offense as described in s. 1012.315.
1050
Section 34. Paragraph (a) of subsection (1), paragraph (c)
1051
of subsection (4), and paragraph (b) of subsection (6) of section
1052
1012.33, Florida Statutes, are amended to read:
1053
1012.33 Contracts with instructional staff, supervisors,
1054
and school principals.--
1055
(1)(a) Each person employed as a member of the
1056
instructional staff in any district school system shall be
1058
employed pursuant to s. 1012.39 and shall be entitled to and
1059
shall receive a written contract as specified in this section.
1060
All such contracts, except continuing contracts as specified in
1061
subsection (4), shall contain provisions for dismissal during the
1062
term of the contract only for just cause. Just cause includes,
1063
but is not limited to, the following instances, as defined by
1064
rule of the State Board of Education: immorality, misconduct in
1065
office, incompetency, gross insubordination, willful neglect of
1066
duty, the commission of a criminal act, regardless of
1067
adjudication, or crimes or conviction of a crime involving moral
1068
turpitude.
1069
(4)
1070
(c) Any member of the district administrative or
1071
supervisory staff and any member of the instructional staff,
1072
including any school principal, who is under continuing contract
1073
may be suspended or dismissed at any time during the school year;
1074
however, the charges against him or her must be based on
1075
immorality, misconduct in office, incompetency, gross
1076
insubordination, willful neglect of duty, drunkenness, crimes or
1077
conviction of a crime involving moral turpitude, as these terms
1078
are defined by rule of the State Board of Education, or the
1079
commission of a criminal act, regardless of adjudication.
1080
Whenever such charges are made against an any such employee of
1081
the district school board, the district school board may suspend
1082
such person without pay; but, if the charges are not sustained,
1083
he or she shall be immediately reinstated, and his or her back
1084
salary shall be paid. In cases of suspension by the district
1085
school board or by the district school superintendent, the
1086
district school board shall determine upon the evidence submitted
1087
whether the charges have been sustained and, if the charges are
1088
sustained, shall determine either to dismiss the employee or fix
1089
the terms under which he or she may be reinstated. If such
1090
charges are sustained by a majority vote of the full membership
1091
of the district school board and the such employee is discharged,
1092
his or her contract of employment shall be thereby canceled. Any
1093
such decision adverse to the employee may be appealed by the
1094
employee pursuant to s. 120.68, provided the such appeal is filed
1095
within 30 days after the decision of the district school board.
1096
(6)
1097
(b) Any member of the district administrative or
1098
supervisory staff, including any principal but excluding an
1099
employee specified in subsection (4), may be suspended or
1100
dismissed at any time during the term of the contract; however,
1101
the charges against him or her must be based on immorality,
1102
misconduct in office, incompetency, gross insubordination,
1103
willful neglect of duty, drunkenness, or crimes conviction of any
1104
crime involving moral turpitude, as these terms are defined by
1105
rule of the State Board of Education. Whenever such charges are
1106
made against an any such employee of the district school board,
1107
the district school board may suspend the employee without pay;
1108
but, if the charges are not sustained, he or she shall be
1109
immediately reinstated, and his or her back salary shall be paid.
1110
In cases of suspension by the district school board or by the
1111
district school superintendent, the district school board shall
1112
determine upon the evidence submitted whether the charges have
1113
been sustained and, if the charges are sustained, shall determine
1114
either to dismiss the employee or fix the terms under which he or
1115
she may be reinstated. If such charges are sustained by a
1116
majority vote of the full membership of the district school board
1117
and the such employee is discharged, his or her contract of
1118
employment shall be thereby canceled. Any such decision adverse
1119
to the employee may be appealed by him or her pursuant to s.
1120
120.68, provided such appeal is filed within 30 days after the
1121
decision of the district school board.
1122
Section 35. Subsection (4) of section 1012.34, Florida
1123
Statutes, is amended to read:
1124
1012.34 Assessment procedures and criteria.--
1125
(4) The district school superintendent shall notify the
1126
department of any instructional personnel who receive two
1127
consecutive unsatisfactory evaluations and who have been given
1128
written notice by the district that their employment is being
1129
terminated or is not being renewed or that the district school
1130
board intends to terminate, or not renew, their employment. The
1131
department shall conduct an investigation to determine whether
1132
action shall be taken against the certificateholder pursuant to
1134
Section 36. Subsections (9) and (14) of section 1012.56,
1135
Florida Statutes, are amended to read:
1136
1012.56 Educator certification requirements.--
1137
(9) BACKGROUND SCREENING REQUIRED, INITIALLY AND
1138
PERIODICALLY.--
1139
(a) Each person who seeks certification under this chapter
1140
must undergo state and national criminal history records checks
1141
pursuant to s. 435.04 and may not have been convicted of any
1142
disqualifying offense under s. 1012.315. An individual is exempt
1143
from undergoing an additional state and national criminal history
1144
records checks if the checks have meet level 2 screening
1145
requirements as described in s. 1012.32 unless a level 2
1146
screening has been conducted by a district school board or the
1147
Department of Education within 12 months before the date the
1148
person initially obtains certification under this chapter, the
1149
results of which are submitted to the district school board or to
1150
the Department of Education.
1151
(b) A person may not receive a certificate under this
1152
chapter until the person undergoes state and national criminal
1153
history records checks pursuant to s. 435.04 verifying that the
1154
person has not been convicted of a disqualifying offense as
1155
described in s. 1012.315, level 2 screening has been completed
1156
and the results have been submitted to the Department of
1157
Education or to the district school superintendent of the school
1158
district that employs the person. Every 5 years after obtaining
1159
initial certification, each person who is required to be
1160
certified under this chapter must meet the level 2 screening
1161
requirements as described in paragraph (a) s. 1012.32, at which
1162
time the school district shall request the Department of Law
1163
Enforcement to forward the fingerprints to the Federal Bureau of
1164
Investigation for national processing the level 2 screening. If,
1165
for any reason after obtaining initial certification, the
1166
fingerprints of a person who is required to be certified under
1167
this chapter are not retained by the Department of Law
1168
Enforcement under s. 1012.32(3)(a) and (b), the person must file
1169
a complete set of fingerprints with the district school
1170
superintendent of the employing school district. Upon submission
1171
of fingerprints for this purpose, the school district shall
1172
request the Department of Law Enforcement to forward the
1173
fingerprints to the Federal Bureau of Investigation for national
1174
processing the level 2 screening, and the fingerprints shall be
1175
retained by the Department of Law Enforcement under s.
1176
1012.32(3)(a) and (b). The cost of the state and federal criminal
1177
history check required by paragraph (a) and this paragraph level
1178
2 screening may be borne by the district school board or the
1179
employee. Under penalty of perjury, each person who is certified
1180
under this chapter must agree to inform his or her employer
1181
within 48 hours if convicted of any disqualifying offense while
1182
he or she is employed in a position for which such certification
1183
is required.
1184
(c) If it is found under s. 1012.796 that a person who is
1185
employed in a position requiring certification under this chapter
1186
is ineligible for employment under s. 1012.315 does not meet the
1187
level 2 screening requirements, the person's certification shall
1188
be immediately revoked or suspended and he or she shall be
1189
immediately suspended from the position requiring certification.
1190
(14) PERSONNEL RECORDS.--The Department of Education shall
1191
maintain an electronic database that includes, but need not be
1192
limited to, a complete statement of the academic preparation,
1193
professional training, and teaching experience of each person to
1194
whom a certificate is issued. The applicant or the district
1195
school superintendent shall furnish the information using a
1196
format or forms provided by the department.
1197
Section 37. Subsection (1) and paragraph (a) of subsection
1198
(8) of section 1012.79, Florida Statutes, are amended to read:
1199
1012.79 Education Practices Commission; organization.--
1200
(1) The Education Practices Commission consists of 25 17
1201
members, including 8 7 teachers;, 5 administrators, at least one
1202
of whom shall represent a private school; 7 and 5 lay citizens,
1203
(of whom 5 shall be parents of public school students and who are
1204
unrelated to public school employees and 2 shall be current or
1205
former district school board members;), and 5 sworn law
1206
enforcement officials, appointed by the State Board of Education
1207
from nominations by the Commissioner of Education and subject to
1208
Senate confirmation. Before Prior to making nominations, the
1209
commissioner shall consult with the teaching associations, parent
1210
organizations, law enforcement agencies, and other involved
1211
associations in the state. In making nominations, the
1212
commissioner shall attempt to achieve equal geographical
1213
representation, as closely as possible.
1214
(a) A teacher member, in order to be qualified for
1215
appointment:
1216
1. Must be certified to teach in the state.
1217
2. Must be a resident of the state.
1218
3. Must have practiced the profession in this state for at
1219
least 5 years immediately preceding the appointment.
1220
(b) A school administrator member, in order to be qualified
1221
for appointment:
1222
1. Must have an endorsement on the educator certificate in
1223
the area of school administration or supervision.
1224
2. Must be a resident of the state.
1225
3. Must have practiced the profession as an administrator
1226
for at least 5 years immediately preceding the appointment.
1227
(c) The lay members must be residents of the state.
1228
(d) The members who are law enforcement officials must have
1229
served in the profession for at least 5 years immediately
1230
preceding appointment and have background expertise in child
1231
safety.
1232
(8)(a) The commission shall, from time to time, designate
1233
members of the commission to serve on panels for the purpose of
1234
reviewing and issuing final orders upon cases presented to the
1235
commission. A case concerning a complaint against a teacher shall
1236
be reviewed and a final order thereon shall be entered by a panel
1237
composed of five commission members, at least one of whom must be
1238
a parent or a sworn law enforcement officer, and at least three
1239
of whom must shall be teachers. A case concerning a complaint
1240
against an administrator shall be reviewed and a final order
1241
thereon shall be entered by a panel composed of five commission
1242
members, at least one of whom must be a parent or a sworn law
1243
enforcement officer, and at least three of whom must shall be
1244
administrators.
1245
Section 38. Subsection (1) of section 1012.795, Florida
1246
Statutes, is amended to read:
1247
1012.795 Education Practices Commission; authority to
1248
discipline.--
1249
(1) The Education Practices Commission may suspend the
1250
educator certificate of any person as defined in s. 1012.01(2) or
1251
(3) for a period of time not to exceed 5 years, thereby denying
1252
that person the right to teach or otherwise be employed by a
1253
district school board or public school in any capacity requiring
1254
direct contact with students for that period of time, after which
1255
the holder may return to teaching as provided in subsection (4);
1256
may revoke the educator certificate of any person, thereby
1257
denying that person the right to teach or otherwise be employed
1258
by a district school board or public school in any capacity
1259
requiring direct contact with students for a period of time not
1260
to exceed 10 years, with reinstatement subject to the provisions
1261
of subsection (4); may revoke permanently the educator
1262
certificate of any person thereby denying that person the right
1263
to teach or otherwise be employed by a district school board or
1264
public school in any capacity requiring direct contact with
1265
students; may suspend the educator certificate, upon order of the
1266
court, of any person found to have a delinquent child support
1267
obligation; or may impose any other penalty provided by law, if
1268
provided it can be shown that the person:
1269
(a) Obtained or attempted to obtain an educator certificate
1270
by fraudulent means.
1271
(b) Knowingly failed to report any suspected or actual
1272
child abuse pursuant to s. 1006.061 or misconduct by
1273
instructional personnel or school administrators under s.
1274
1012.795, which affects the health, safety, or welfare of a
1275
student.
1276
(c)(b) Has proved to be incompetent to teach or to perform
1277
duties as an employee of the public school system or to teach in
1278
or to operate a private school.
1279
(d)(c) Has been guilty of gross immorality or an act
1280
involving moral turpitude as defined by rules of the State Board
1281
of Education.
1282
(e)(d) Has had an educator certificate sanctioned by
1283
revocation, suspension, or surrender in another state.
1284
(f)(e) Has been convicted of a misdemeanor, felony, or any
1285
other criminal charge, other than a minor traffic violation.
1286
(g)(f) Upon investigation, has been found guilty of
1287
personal conduct which seriously reduces that person's
1288
effectiveness as an employee of the district school board.
1289
(h)(g) Has breached a contract, as provided in s.
1290
1012.33(2).
1291
(i)(h) Has been the subject of a court order directing the
1292
Education Practices Commission to suspend the certificate as a
1293
result of a delinquent child support obligation.
1294
(j)(i) Has violated the Principles of Professional Conduct
1295
for the Education Profession prescribed by State Board of
1296
Education rules.
1297
(k)(j) Has otherwise violated the provisions of law, the
1298
penalty for which is the revocation of the educator certificate.
1299
(l)(k) Has violated any order of the Education Practices
1300
Commission.
1301
(m)(l) Has been the subject of a court order or plea
1302
agreement in any jurisdiction which requires the
1303
certificateholder to surrender or otherwise relinquish his or her
1304
educator's certificate. A surrender or relinquishment shall be
1305
for permanent revocation of the certificate. A person may not
1306
surrender or otherwise relinquish his or her certificate prior to
1307
a finding of probable cause by the commissioner as provided in s.
1308
1309
Section 39. Subsections (1), (3), and (5) of section
1310
1012.796, Florida Statutes, are amended to read:
1311
1012.796 Complaints against teachers and administrators;
1312
procedure; penalties.--
1313
(1)(a) The Department of Education shall cause to be
1314
investigated expeditiously any complaint filed before it or
1315
otherwise called to its attention which, if legally sufficient,
1316
contains grounds for the revocation or suspension of a
1317
certificate or any other appropriate penalty as set forth in
1318
subsection (7). The complaint is legally sufficient if it
1319
contains the ultimate facts which show a violation has occurred
1320
as provided in s. 1012.795 and defined by rule. The department
1321
shall may investigate or continue to investigate and take
1322
appropriate action on a complaint even though the original
1323
complainant withdraws the complaint or otherwise indicates a
1324
desire not to cause it to be investigated or prosecuted to
1325
completion. The department may investigate or continue to
1326
investigate and take action on a complaint filed against a person
1327
whose educator certificate has expired if the act or acts that
1328
which are the basis for the complaint were allegedly committed
1329
while that person possessed an educator certificate.
1330
(b) The Department of Education shall investigate
1331
immediately any complaint filed before it or otherwise called to
1332
its attention which involves misconduct by any certificated
1333
personnel which affects the health, safety, or welfare of a
1334
student. The department must investigate or continue to
1335
investigate and take action on such a complaint filed against a
1336
person whose educator certificate has expired if the act or acts
1337
that are the basis for the complaint were allegedly committed
1338
while that person possessed an educator certificate.
1339
(c)(b) When an investigation is undertaken, the department
1340
shall notify the certificateholder or applicant for certification
1341
and the district school superintendent or the university
1342
laboratory school, charter school, or private school in which the
1343
certificateholder or applicant for certification is employed or
1344
was employed at the time the alleged offense occurred. In
1345
addition, the department shall inform the certificateholder or
1346
applicant for certification of the substance of any complaint
1347
which has been filed against that certificateholder or applicant,
1348
unless the department determines that such notification would be
1349
detrimental to the investigation, in which case the department
1350
may withhold notification.
1351
(d)(c) Each school district shall file in writing with the
1352
department all legally sufficient complaints within 30 days after
1353
the date on which subject matter of the complaint comes to the
1354
attention of the school district. A complaint is legally
1355
sufficient if it contains ultimate facts that show a violation
1356
has occurred as provided in s. 1012.795 and defined by rule. The
1357
school district shall include all information relating to the
1358
complaint which is known to the school district at the time of
1359
filing. Each district school board shall develop and adopt
1360
policies and procedures to comply with this reporting
1361
requirement. School board policies and procedures must include
1362
standards for screening, hiring, and terminating employees,
1363
ethical standards for all employees, responsibilities of
1364
educators to uphold the standards, detailed steps to be followed
1365
in reporting suspected or actual misconduct by instructional
1366
personnel or a school administrator which affects the health,
1367
safety, or welfare of a student, requirements for the
1368
reassignment of an employee pending the outcome of a misconduct
1369
investigation, and penalties for failing to comply pursuant to
1371
procedures shall include appropriate penalties for all personnel
1372
of the district school board for nonreporting and procedures for
1373
promptly informing the district school superintendent of each
1374
legally sufficient complaint. The district school superintendent
1375
is charged with knowledge of these policies and procedures and is
1376
accountable for communicating the ethical standards, policies,
1377
and procedures, to be provided through professional development
1378
for all staff. If the district school superintendent has
1379
knowledge of a legally sufficient complaint and does not report
1380
the complaint, or fails to enforce the policies and procedures of
1381
the district school board, and fails to comply with the
1382
requirements of this subsection, in addition to other actions
1383
against certificateholders authorized by law, the district school
1384
superintendent is shall be subject to penalties as specified in
1385
s. 1001.51(12). If the superintendent determines that misconduct
1386
affecting the health, safety, or welfare of a student has
1387
occurred which warrants termination, the employee may resign or
1388
be terminated and a record, including information relating to the
1389
misconduct that resulted in the severance from employment, shall
1390
be reported to the Department of Education and maintained in the
1391
employee's public personnel file. This paragraph does not limit
1392
or restrict the power and duty of the department to investigate
1393
complaints as provided in paragraphs (a) and (c) (b), regardless
1394
of the school district's untimely filing, or failure to file,
1395
complaints and followup reports.
1396
(e) If allegations arise against an employee who is
1397
certified under s. 1012.56, and employed in an educator-
1398
certificated position by any school or provider in the state,
1399
such school or provider, or governing body thereof, shall file in
1400
writing with the department a legally sufficient complaint within
1401
30 days after the date on which the subject matter of the
1402
complaint came to the attention of the school or provider. A
1403
complaint is legally sufficient if it contains ultimate facts
1404
that show a violation has occurred as provided in s. 1012.795.
1405
The school or provider shall include all known information
1406
relating to the complaint with the filing of the complaint. This
1407
paragraph does not limit or restrict the power and duty of the
1408
department to investigate complaints as provided in paragraphs
1409
(a) and (c) regardless of the school's or provider's untimely
1410
filing, or failure to file, complaints and followup reports.
1411
(f)(d) Notwithstanding any other law, all law enforcement
1412
agencies, state attorneys, social service agencies, district
1413
school boards, and the Division of Administrative Hearings shall
1414
fully cooperate with and, upon request, shall provide unredacted
1415
documents to the Department of Education to further
1416
investigations and prosecutions conducted pursuant to this
1417
section. Any document received pursuant to this paragraph may not
1418
be redisclosed except as authorized by law.
1419
(3) The department staff shall advise the commissioner
1420
concerning the findings of the investigation. The department
1421
general counsel or members of that staff shall review the
1422
investigation and advise the commissioner concerning probable
1423
cause or lack thereof. The determination of probable cause shall
1424
be made by the commissioner. The commissioner shall provide an
1425
opportunity for a conference, if requested, prior to determining
1426
probable cause. The commissioner may enter into deferred
1427
prosecution agreements in lieu of finding probable cause if, when
1428
in his or her judgment, such agreements are would be in the best
1429
interests of the department, the certificateholder, and the
1430
public. Such deferred prosecution agreements shall become
1431
effective when filed with the clerk of the Education Practices
1432
Commission. However, a deferred prosecution agreement shall not
1433
be entered into if where there is probable cause to believe that
1434
a felony or an act of moral turpitude, as defined in rule, has
1435
occurred. Upon finding no probable cause, the commissioner shall
1436
dismiss the complaint.
1437
(5) When an allegation of misconduct involving a student,
1438
which affects the student's health, safety, or welfare, by
1439
instructional personnel or a school administrator, as defined in
1440
s. 1012.01, occurs deemed necessary to protect the health,
1441
safety, and welfare of a minor student, the district school
1442
superintendent in consultation with the school principal, or may,
1443
and upon the request of the Commissioner of Education, must
1444
immediately shall, temporarily suspend the employee a
1445
certificateholder from the certificateholder's regularly assigned
1446
duties, with pay, and reassign the suspended instructor or
1447
administrator certificateholder to a position that does not
1448
require direct contact with students in the district school
1449
system. Such suspension shall continue until the completion of
1450
the proceedings and the determination of sanctions, if any,
1451
pursuant to this section and s. 1012.795.
1452
Section 40. Paragraph (b) of subsection (4) of section
1453
1012.98, Florida Statutes, is amended to read:
1454
1012.98 School Community Professional Development Act.--
1455
(4) The Department of Education, school districts, schools,
1456
community colleges, and state universities share the
1457
responsibilities described in this section. These
1458
responsibilities include the following:
1459
(b) Each school district shall develop a professional
1460
development system as specified in subsection (3). The system
1461
shall be developed in consultation with teachers, teacher-
1462
educators of community colleges and state universities, business
1463
and community representatives, and local education foundations,
1464
consortia, and professional organizations. The professional
1465
development system must:
1466
1. Be approved by the department. All substantial revisions
1467
to the system shall be submitted to the department for review for
1468
continued approval.
1469
2. Be based on analyses of student achievement data and
1470
instructional strategies and methods that support rigorous,
1471
relevant, and challenging curricula for all students. Schools and
1472
districts, in developing and refining the professional
1473
development system, shall also review and monitor school
1474
discipline data; school environment surveys; assessments of
1475
parental satisfaction; performance appraisal data of teachers,
1476
managers, and administrative personnel; and other performance
1477
indicators to identify school and student needs that can be met
1478
by improved professional performance.
1479
3. Provide inservice activities coupled with followup
1480
support appropriate to accomplish district-level and school-level
1481
improvement goals and standards. The inservice activities for
1482
instructional personnel shall focus on analysis of student
1483
achievement data, ongoing formal and informal assessments of
1484
student achievement, identification and use of enhanced and
1485
differentiated instructional strategies that emphasize rigor,
1486
relevance, and reading in the content areas, enhancement of
1487
subject content expertise, integrated use of classroom technology
1488
that enhances teaching and learning, classroom management, parent
1489
involvement, and school safety.
1490
4. Include a master plan for inservice activities, pursuant
1491
to rules of the State Board of Education, for all district
1492
employees from all fund sources. The master plan shall be updated
1493
annually by September 1, must be based on input from teachers and
1494
district and school instructional leaders, and must use the
1495
latest available student achievement data and research to enhance
1496
rigor and relevance in the classroom. Each district inservice
1497
plan must be aligned to and support the school-based inservice
1498
plans and school improvement plans pursuant to s. 1001.42(18) s.
1499
1001.42(16). District plans must be approved by the district
1500
school board annually in order to ensure compliance with
1501
subsection (1) and to allow for dissemination of research-based
1502
best practices to other districts. District school boards must
1503
submit verification of their approval to the Commissioner of
1504
Education no later than October 1, annually.
1505
5. Require each school principal to establish and maintain
1506
an individual professional development plan for each
1507
instructional employee assigned to the school as a seamless
1508
component to the school improvement plans developed pursuant to
1510
development plan must:
1511
a. Be related to specific performance data for the students
1512
to whom the teacher is assigned.
1513
b. Define the inservice objectives and specific measurable
1514
improvements expected in student performance as a result of the
1515
inservice activity.
1516
c. Include an evaluation component that determines the
1517
effectiveness of the professional development plan.
1518
6. Include inservice activities for school administrative
1519
personnel that address updated skills necessary for instructional
1520
leadership and effective school management pursuant to s.
1521
1522
7. Provide for systematic consultation with regional and
1523
state personnel designated to provide technical assistance and
1524
evaluation of local professional development programs.
1525
8. Provide for delivery of professional development by
1526
distance learning and other technology-based delivery systems to
1527
reach more educators at lower costs.
1528
9. Provide for the continuous evaluation of the quality and
1529
effectiveness of professional development programs in order to
1530
eliminate ineffective programs and strategies and to expand
1531
effective ones. Evaluations must consider the impact of such
1532
activities on the performance of participating educators and
1533
their students' achievement and behavior.
1534
Section 41. Subsection (4) of section 1013.03, Florida
1535
Statutes, is amended to read:
1536
1013.03 Functions of the department and the Board of
1537
Governors.--The functions of the Department of Education as it
1538
pertains to educational facilities of school districts and
1539
community colleges and of the Board of Governors as it pertains
1540
to educational facilities of state universities shall include,
1541
but not be limited to, the following:
1542
(4) Require each board and other appropriate agencies to
1543
submit complete and accurate financial data as to the amounts of
1544
funds from all sources that are available and spent for
1545
construction and capital improvements. The commissioner shall
1546
prescribe the format and the date for the submission of this data
1547
and any other educational facilities data. If any district does
1548
not submit the required educational facilities fiscal data by the
1549
prescribed date, the Commissioner of Education shall notify the
1550
district school board of this fact and, if appropriate action is
1551
not taken to immediately submit the required report, the district
1552
school board shall be directed to proceed pursuant to s.
1554
community college or university does not submit the required
1555
educational facilities fiscal data by the prescribed date, the
1556
same policy prescribed in this subsection for school districts
1557
shall be implemented.
1558
Section 42. The sum of $153,872 is appropriated from the
1559
Educational Certification and Services Trust Fund to the
1560
Department of Education for the 2008-2009 fiscal year, and two
1561
additional full-time equivalent positions and associated salary
1562
rate of 90,088 are authorized, for the purpose of implementing
1563
this act.
1564
Section 43. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.