Florida Senate - 2008 (PROPOSED COMMITTEE BILL) SPB 7038
FOR CONSIDERATION By the Committee on Education Pre-K - 12
581-02561F-08 20087038__
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A bill to be entitled
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An act relating to education; providing a short title;
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amending s. 24.121, F.S., relating to public school
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funding; conforming cross-references; amending s.
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112.3173, F.S.; specifying certain additional offenses
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that constitute a breach of the public trust; amending s.
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121.091, F.S.; prohibiting the Division of Retirement from
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paying benefits to a member who has committed certain
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felony offenses against a minor; amending s. 1001.03,
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F.S.; requiring the State Board of Education to adopt by
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rule a list of specified criminal and delinquent acts that
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disqualify a person from acquiring or retaining a teaching
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certificate; amending s. 1001.10, F.S.; requiring the
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Commissioner of Education to assist school districts, the
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Florida School for the Deaf and the Blind, and private
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provider in developing policies and procedures governing
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educator ethics and employment; 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 or court
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orders that have the effect of concealing certain conduct;
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providing for a cause of action to contest such an
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agreement or order; requiring each district school board
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to adopt a list of criminal or delinquent acts that
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disqualify a person having direct contact with students
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from employment; providing that a district school board
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member who knowingly signs or transmits a false report or
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fails to report allegations of educator misconduct
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forfeits his or her right to pay for a specified period;
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amending s. 1001.452, F.S., relating to district and
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school advisory councils; conforming cross-references;
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amending s. 1001.51, F.S.; providing that a district
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school superintendent or district school board member
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forfeits his or her salary for a specified period
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following failure to report allegations of misconduct by
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relating to duties of principals and lab schools;
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conforming cross-references; amending s. 1002.36, F.S.;
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requiring the Florida School for the Deaf and the Blind to
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meet certain requirements governing the screen of
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requiring owners of certain private schools and private
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prekindergarten providers to adopt a list of criminal or
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delinquent acts that disqualify a person having direct
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contact with students from employment; requiring such
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owners and providers to adopt ethical standards for all
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employees; prohibiting confidentiality agreements
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regarding terminated or dismissed employees or court
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orders that have the effect of concealing certain conduct;
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providing for a cause of action to contest such an
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agreement or order; requiring such owners and providers to
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contact the previous employer of each candidate for
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employment and notify the Department of Education of the
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termination of an employee, regardless of cause; amending
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1004.92, F.S., relating to prekindergarten programs and
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instructors, the Florida Secondary School Redesign Act,
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dropout prevention, and career education; conforming
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cross-references; amending s. 1006.061, F.S.; requiring
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each district school board to post its policies and
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procedures for reporting misconduct by educators and the
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penalties imposed for failing to report suspected or
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to readiness for postsecondary education and the
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workplace, the statewide articulation agreement, public
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school improvement and educator accountability, funding
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accountability, and school depositories; conforming cross-
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references; amending s. 1012.27, F.S.; requiring the
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district school superintendent to contact the previous
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employer of each candidate for employment and notify the
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Department of Education of the termination of an employee,
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regardless of cause; amending s. 1012.33, F.S.; providing
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that just cause for terminating instructional staff
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includes immorality or the commission of a criminal or
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delinquent act; providing for the termination of other
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personnel as provided by policy and rules of the district
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school board; 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; providing for the Department
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of Education to maintain personnel records on an
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electronic database; amending s. 1012.79, F.S.; providing
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for additional members to be appointed to the Education
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Practices Commission, including five sworn law enforcement
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officials; revising the composition of the panel appointed
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to review complaints against teachers; amending s.
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1012.795, F.S.; providing for suspending the educator
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certificate of a person who knowingly fails to report
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suspected or actual child abuse or violates certain
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principles of professional conduct; requiring each
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district school superintendent and the governing authority
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of certain schools to report to the department the names
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of employees dismissed for any reason; providing sanctions
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for failing to make such reports; amending s. 1012.796,
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F.S.; requiring that the Department of Education
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investigate each complaint; clarifying what constitutes a
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legally sufficient complaint; providing requirements for
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adopted school board policies and procedures; providing
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that the district school superintendent is accountable for
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communicating standards, policies, and procedures to
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district employees; requiring that an educator be
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immediately suspended and reassigned upon an allegation of
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F.S., relating to the School Community Professional
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Development Act and functions of the department and Board
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of Governors; conforming cross-references; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as the "Ethics in
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Education Act."
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Section 2. Paragraphs (c) and (d) of subsection (5) of
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section 24.121, Florida Statutes, are amended to read:
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24.121 Allocation of revenues and expenditure of funds for
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public education.--
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(5)
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(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, nor may they be
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used for any project or program that has a duration of more than
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1 year; however, a school advisory council or parent advisory
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committee may independently determine that a program or project
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formerly funded under this paragraph should receive funds in a
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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 chapter 800 against a victim younger than 16 years of
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age or any felony defined in chapter 794 against a victim younger
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than 18 years of age by a public officer or employee through the
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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 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, the division may not pay
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benefits to any member who has committed any felony defined in
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chapter 800 against a victim younger than 16 years of age or any
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felony defined in chapter 794 against a victim younger than 18
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years of age 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 5. Present subsections (3) through (15) of section
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1001.03, Florida Statutes, are redesignated as subsections (4)
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through (16), respectively, and a new subsection (3) is added to
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that section, to read:
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1001.03 Specific powers of State Board of Education.--
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(3) ESTABLISH CRIMINAL OR DELINQUENT ACTS DISQUALIFYING A
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PERSON FROM ACQUIRING OR RETAINING A FLORIDA TEACHING
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CERTIFICATE.--The State Board of Education shall establish and
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adopt by rule a list of criminal or delinquent acts that
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disqualify a person from acquiring or retaining a Florida
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Teaching Certificate when a court of competent jurisdiction has
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entered a judgment of conviction or an adjudication of
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delinquency. The board shall review the list annually and amend
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the list as necessary. A criminal or delinquent act committed in
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another state or under federal law, the elements of which
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constitute a criminal or delinquent act in this state, shall be
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considered for purposes of disqualification as if the act was
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committed in this state. The list of criminal or delinquent acts
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must include, at minimum, the following:
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(a) Section 393.135, relating to sexual misconduct with
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certain developmentally disabled clients and reporting of such
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sexual misconduct.
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(b) Section 394.4593, relating to sexual misconduct with
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certain mental health patients and reporting of such sexual
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misconduct.
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(c) Section 782.04, relating to murder.
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(d) Section 787.01, relating to the kidnapping of a child
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younger than 13 years of age.
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(e) Section 787.02, relating to false imprisonment and
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false imprisonment of a child younger than 13 years of age.
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(f) Section 787.025, relating to luring or enticing a
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child.
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(g) Section 794.011, relating to sexual battery.
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(h) Section 794.05, relating to unlawful sexual activity
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with certain minors.
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(i) Section 800.04, relating to lewd or lascivious offenses
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committed upon or in the presence of persons less than 16 years
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of age.
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(j) Section 810.14, relating to voyeurism.
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(k) Section 810.145, relating to video voyeurism.
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(l) Section 827.03, relating to abuse, aggravated abuse,
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and neglect of a child.
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(m) Section 827.071, relating to sexual performance by a
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child.
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(n) Section 847.0133, relating to protection of minors and
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prohibition of certain acts in connection with obscenity.
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(o) Section 847.0135, relating to computer pornography and
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traveling to meet minor.
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(p) Section 847.0137, relating to transmission of child
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pornography by electronic device.
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(q) Section 847.0138, relating to transmission of material
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harmful to minors by electronic device.
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(r) Section 985.701, relating to sexual misconduct in
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juvenile justice programs.
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Section 6. Present subsection (4) of section 1001.10,
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Florida Statutes, is redesignated as subsection (5), and a new
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subsection (4) is added to that section, to read:
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1001.10 Commissioner of Education; general powers and
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duties.--
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(4) The Commissioner of Education shall provide technical
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assistance and support to local school districts, the Florida
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School for the Deaf and the Blind, and private providers pursuant
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procedures related to educator ethics and employment.
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Section 7. Subsection (4) of section 1001.32, Florida
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Statutes, is amended to read:
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1001.32 Management, control, operation, administration, and
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supervision.--The district school system must be managed,
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controlled, operated, administered, and supervised as follows:
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(4) SCHOOL PRINCIPAL OR HEAD OF SCHOOL.--Responsibility for
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the administration of any school or schools at a given school
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center, for the supervision of instruction therein, and for
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providing leadership in the development or revision and
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implementation of a school improvement plan required pursuant to
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principal or head of the school or schools in accordance with
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rules established by the district school board.
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Section 8. Present subsections (6) through (23) of section
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1001.42, Florida Statutes, are redesignated as subsections (8)
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through (25), respectively, and new subsections (6) and (7) are
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added to that section, to read:
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1001.42 Powers and duties of district school board.--The
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district school board, acting as a board, shall exercise all
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powers and perform all duties listed below:
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(6) ESTABLISH ETHICAL STANDARDS.--Adopt and communicate
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policies and procedures setting forth ethical standards for all
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employees. The policies and procedures must include
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responsibilities and procedures for reporting suspected or actual
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misconduct by an educator and liability protections provided to
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students, parents, and employees who report suspected or actual
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(a) A district school board or any of its employees may not
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enter into any form of confidentiality agreement regarding a
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terminated or dismissed employee or an employee who resigns in
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lieu of termination and may not provide for any such employee a
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favorable recommendation for employment in another educational
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setting. Any portion of an agreement or contract that has the
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purpose or effect of concealing the conduct of an educator
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regarding actions over which the Education Practices Commission
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has disciplinary jurisdiction is void, is contrary to public
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policy, and may not be enforced.
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(b) No court shall enter an order or judgment that has the
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purpose or effect of concealing the conduct of an educator
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regarding actions over which the Education Practices Commission
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has disciplinary jurisdiction.
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(c) Any substantially affected person has standing to
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contest an order, judgment, agreement, or contract that violates
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paragraph (a) or paragraph (b). A person may contest an order,
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judgment, agreement, or contract that violates paragraph (a) or
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paragraph (b) by a motion in the court that entered the order of
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judgment or by bringing an action for a declaratory judgment
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under chapter 86.
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(7) ESTABLISH CRIMINAL OR DELINQUENT ACTS DISQUALIFYING A
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PERSON FROM EMPLOYMENT.--Establish and adopt a list of criminal
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or delinquent acts that disqualify a person from employment in a
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position that involves direct contact with students. The list
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must include, at minimum, criminal and delinquent acts identified
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pursuant to s. 1001.03(3). The district school board shall review
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the list annually and amend the list as necessary. A criminal or
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delinquent act committed in another state or under federal law,
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the elements of which constitute a criminal or delinquent act in
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this state, shall be considered for purposes of disqualification
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as if the act was committed in this state. Any district school
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board member who knowingly signs and transmits to any state
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official a false or incorrect report or who fails to investigate
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all reports of suspected or actual misconduct or report
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allegations of misconduct by an educator pursuant to s. 1012.796
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forfeits his or her right to any salary for the period of 1 year
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following the date of such act or failure to act.
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Section 9. Paragraphs (a) and (c) of subsection (1) and
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subsection (2) of section 1001.452, Florida Statutes, are amended
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to read:
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1001.452 District and school advisory councils.--
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(1) ESTABLISHMENT.--
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(a) The district school board shall establish an advisory
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council for each school in the district and shall develop
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procedures for the election and appointment of advisory council
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members. Each school advisory council shall include in its name
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the words "school advisory council." The school advisory council
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shall be the sole body responsible for final decisionmaking at
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the school relating to implementation of the provisions of ss.
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of each school advisory council must be persons who are not
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employed by the school. Each advisory council shall be composed
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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 for use by
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schools in selecting business and community members that include
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means of ensuring wide notice of vacancies and of taking input on
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possible members from local business, chambers of commerce,
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community and civic organizations and groups, and the public at
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large. The district school board shall review the membership
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composition of each advisory council. If the district school
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board determines that the membership elected by the school is not
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representative of the ethnic, racial, and economic community
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served by the school, the district school board shall appoint
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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 shall include at least one duly elected teacher
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from each school in the district. For the purposes of school
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advisory councils and district advisory councils, the term
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"teacher" shall include classroom teachers, certified student
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services personnel, and media specialists. For purposes of this
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paragraph, "education support employee" means any person employed
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by a school who is not defined as instructional or administrative
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personnel pursuant to s. 1012.01 and whose duties require 20 or
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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 10. Subsection (12) of section 1001.51, Florida
432
Statutes, is amended to read:
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1001.51 Duties and responsibilities of district school
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superintendent.--The district school superintendent shall
435
exercise all powers and perform all duties listed below and
436
elsewhere in the law, provided that, in so doing, he or she shall
437
advise and counsel with the district school board. The district
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school superintendent shall perform all tasks necessary to make
439
sound recommendations, nominations, proposals, and reports
440
required by law to be acted upon by the district school board.
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All such recommendations, nominations, proposals, and reports by
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the district school superintendent shall be either recorded in
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the minutes or shall be made in writing, noted in the minutes,
444
and filed in the public records of the district school board. It
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shall be presumed that, in the absence of the record required in
446
this section, the recommendations, nominations, and proposals
447
required of the district school superintendent were not contrary
448
to the action taken by the district school board in such matters.
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(12) RECORDS AND REPORTS.--Recommend such records as should
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be kept in addition to those prescribed by rules of the State
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Board of Education; prepare forms for keeping such records as are
452
approved by the district school board; ensure that such records
453
are properly kept; and make all reports that are needed or
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required, as follows:
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(a) Forms, blanks, and reports.--Require that all employees
456
accurately keep all records and promptly make in proper form all
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reports required by the education code or by rules of the State
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Board of Education; recommend the keeping of such additional
459
records and the making of such additional reports as may be
460
deemed necessary to provide data essential for the operation of
461
the school system; and prepare such forms and blanks as may be
462
required and ensure that these records and reports are properly
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prepared.
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(b) Reports to the department.--Prepare, for the approval
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of the district school board, all reports that may be required by
466
law or rules of the State Board of Education to be made to the
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department and transmit promptly all such reports, when approved,
468
to the department, as required by law. If any such reports are
469
not transmitted at the time and in the manner prescribed by law
470
or by State Board of Education rules, the salary of the district
471
school superintendent must be withheld until the report has been
472
properly submitted. Unless otherwise provided by rules of the
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State Board of Education, the annual report on attendance and
474
personnel is due on or before July 1, and the annual school
475
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
479
transmits to any state official a false or incorrect report or
480
who fails to investigate all reports of suspected or actual
481
misconduct or report allegations of misconduct by an educator
482
pursuant to s. 1012.796 forfeits shall forfeit his or her right
483
to any salary for the period of 1 year following the from that
484
date of such act or failure to act.
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Section 11. Subsection (2) of section 1001.54, Florida
486
Statutes, is amended to read:
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1001.54 Duties of school principals.--
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(2) Each school principal shall provide instructional
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leadership in the development, revision, and implementation of a
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school improvement plan pursuant to s. 1001.42(18) s.
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1001.42(16).
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Section 12. Paragraph (b) of subsection (11) of section
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1002.32, Florida Statutes, is amended to read:
494
1002.32 Developmental research (laboratory) schools.--
495
(11) EXCEPTIONS TO LAW.--To encourage innovative practices
496
and facilitate the mission of the lab schools, in addition to the
497
exceptions to law specified in s. 1001.23(2), the following
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exceptions shall be permitted for lab schools:
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1001.42 shall be held in abeyance. Reference to district school
502
of the university or the president's designee.
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Section 13. Paragraph (g) is added to subsection (7) of
504
section 1002.36, Florida Statutes, to read:
505
1002.36 Florida School for the Deaf and the Blind.--
506
(7) PERSONNEL SCREENING.--
507
(g) For the purpose of protecting the health, safety, and
508
welfare of students and the ethical standards for professional
509
educators, the Florida School for the Deaf and the Blind shall be
510
considered a school district and shall meet the provisions of ss.
512
513
Section 14. Present subsections (4), (5), and (6) of
514
section 1002.421, Florida Statutes, are redesignated as
515
subsections (5), (6), and (7), respectively, and a new subsection
516
(4) is added to that section, to read:
517
1002.421 Accountability of private schools participating in
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state school choice scholarship programs.--
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(4) A private school participating in a scholarship program
520
under this section shall:
521
(a) Establish and adopt a list of criminal or delinquent
522
acts that disqualify a person from employment in a position that
523
involves direct contact with students. The list must include, at
524
minimum, criminal and delinquent acts identified pursuant to s.
525
1001.03(3). The private school shall review the list annually and
526
amend the list as necessary. A criminal or delinquent act
527
committed in another state or under federal law, the elements of
528
which constitute a criminal or delinquent act in this state,
529
shall be considered for purposes of disqualification as if the
530
act was committed in this state.
531
(b) Adopt and communicate policies and procedures setting
532
forth ethical standards for all employees. The policies and
533
procedures must include responsibilities and procedures for
534
reporting suspected or actual misconduct by an educator and
535
liability protections provided to students, parents, and
536
employees who report suspected or actual misconduct pursuant to
538
1. A private school or any of its employees may not enter
539
into any form of confidentiality agreement regarding a terminated
540
or dismissed employee or an employee who resigns in lieu of
541
termination and may not provide for any such employee a favorable
542
recommendation for employment in another educational setting. Any
543
portion of an agreement or contract that has the purpose or
544
effect of concealing the conduct of an educator regarding actions
545
over which the Education Practices Commission has disciplinary
546
jurisdiction is void, is contrary to public policy, and may not
547
be enforced.
548
2. No court shall enter an order or judgment that has the
549
purpose or effect of concealing the conduct of an educator
550
regarding actions over which the Education Practices Commission
551
has disciplinary jurisdiction.
552
3. Any substantially affected person has standing to
553
contest an order, judgment, agreement, or contract that violates
554
subparagraph 1. or subparagraph 2. A person may contest an order,
555
judgment, agreement, or contract that violates subparagraph 1. or
556
subparagraph 2. by motion in the court that entered the order of
557
judgment or by bringing an action for a declaratory judgment
558
under chapter 86.
559
(c) Prior to appointing a candidate to any position,
560
contact the previous employer of the candidate to assess the
561
candidate's ability to meet ethical standards for professional
562
educators, screen the candidate through the use of educator
563
screening tools provided by the Department of Education, and
564
document findings.
565
(d) In order to protect the health, safety, and welfare of
566
a minor student, immediately suspend an educator from his or her
567
regularly assigned duties, with pay, and reassign the suspended
568
educator to a position that does not require direct contact with
569
students when an allegation of educator misconduct occurs which
570
involves that educator. Such suspension shall continue until the
571
completion of an investigation by a local law enforcement agency
572
or the Department of Education and the determination of
574
(e) Report to the Department of Education the name of any
575
person who has been dismissed or severed from employment for any
576
reason, regardless of cause. The Department of Education shall
577
include termination information on a secure website for use by
578
authorized school district personnel and private schools that
579
accept students pursuant to this section or s. 1002.55.
580
581
The department shall prohibit a private school that fails to
582
comply with this subsection from accepting students pursuant to
583
this section and disqualify the private school from accepting
584
state funds for a period of 1 calendar year. The Education
585
Practices Commission shall impose applicable certification
586
sanctions pursuant to s. 1012.795.
587
Section 15. Present subsections (2), (3), and (4) of
588
section 1002.55, Florida Statutes, are redesignated as
589
subsections (3), (4), and (5), respectively, a new subsection (2)
590
is added to that section, and present subsection (4) of that
591
section is amended, to read:
592
1002.55 School-year prekindergarten program delivered by
593
private prekindergarten providers.--
594
(2) A private school participating in the Voluntary
595
Prekindergarten Education Program under this section shall:
596
(a) Establish and adopt a list of criminal or delinquent
597
acts that disqualify a person from employment in a position that
598
involves direct contact with students. The list must include, at
599
minimum, criminal and delinquent acts identified pursuant to s.
600
1001.03(3). The private school shall review the list annually and
601
amend the list as necessary. A criminal or delinquent act
602
committed in another state or under federal law, the elements of
603
which constitute a criminal or delinquent act in this state,
604
shall be considered for purposes of disqualification as if the
605
act was committed in this state.
606
(b) Adopt and communicate policies and procedures setting
607
forth ethical standards for all employees. The policies and
608
procedures must include responsibilities and procedures for
609
reporting suspected or actual misconduct by an educator and
610
liability protections provided to students, parents, and
611
employees who report suspected or actual misconduct pursuant to
613
1. A private school or any of its employees may not enter
614
into any form of confidentiality agreement regarding a terminated
615
or dismissed employee or an employee who resigns in lieu of
616
termination and may not provide for such employee a favorable
617
recommendation for employment in another educational setting. Any
618
portion of an agreement or contract that has the purpose or
619
effect of concealing the conduct of an educator regarding actions
620
over which the Education Practices Commission has disciplinary
621
jurisdiction is void, is contrary to public policy, and may not
622
be enforced.
623
2. No court shall enter an order or judgment that has the
624
purpose or effect of concealing the conduct of an educator
625
regarding actions over which the Education Practices Commission
626
has disciplinary jurisdiction.
627
3. Any substantially affected person has standing to
628
contest an order, judgment, agreement, or contract that violates
629
subparagraph 1. or subparagraph 2. A person may contest an order,
630
judgment, agreement, or contract that violates subparagraph 1. or
631
subparagraph 2. by motion in the court that entered the order of
632
judgment or by bringing an action for a declaratory judgment
633
under chapter 86.
634
(c) Prior to appointing a candidate to any position,
635
contact the previous employer of the candidate to assess the
636
candidate's ability to meet ethical standards for professional
637
educators and screen the candidate through the use of educator
638
screening tools provided by the Department of Education, and
639
document findings.
640
(d) In order to protect the health, safety, and welfare of
641
a minor student, immediately suspend an educator from the
642
regularly assigned duties, with pay, and reassign the suspended
643
educator to a position that does not require direct contact with
644
students when an allegation of educator misconduct occurs which
645
involves that educator. Such suspension shall continue until the
646
completion of an investigation by a local law enforcement agency
647
or the Department of Education and the determination of
649
(d) Report to the Department of Education the name of any
650
person who has been dismissed or severed from employment for any
651
reason, regardless of cause. The Department of Education shall
652
include termination information on a secure website for use by
653
authorized school district personnel and private schools that
654
accept students pursuant to s. 1002.421 or this section.
655
656
The department shall prohibit a private school that fails to
657
comply with this subsection from accepting students pursuant to
658
this section and disqualify the private school from accepting
659
state funds for a period of 1 calendar year. The Education
660
Practices Commission shall impose applicable certification
661
sanctions pursuant to s. 1012.795.
662
(5)(4) A prekindergarten instructor, in lieu of the minimum
663
credentials and courses required under paragraph (4)(c) (3)(c),
664
may hold one of the following educational credentials:
665
(a) A bachelor's or higher degree in early childhood
666
education, prekindergarten or primary education, preschool
667
education, or family and consumer science;
668
(b) A bachelor's or higher degree in elementary education,
669
if the prekindergarten instructor has been certified to teach
670
children any age from birth through 6th grade, regardless of
671
whether the instructor's educator certificate is current, and if
672
the instructor is not ineligible to teach in a public school
673
because his or her educator certificate is suspended or revoked;
674
(c) An associate's or higher degree in child development;
675
(d) An associate's or higher degree in an unrelated field,
676
at least 6 credit hours in early childhood education or child
677
development, and at least 480 hours of experience in teaching or
678
providing child care services for children any age from birth
679
through 8 years of age; or
680
(e) An educational credential approved by the department as
681
being equivalent to or greater than an educational credential
682
described in this subsection. The department may adopt criteria
683
and procedures for approving equivalent educational credentials
684
under this paragraph.
685
Section 16. Subsections (4) and (6) of section 1002.61,
686
Florida Statutes, are amended to read:
687
1002.61 Summer prekindergarten program delivered by public
688
schools and private prekindergarten providers.--
690
1002.63(5), each public school and private prekindergarten
691
provider must have, for each prekindergarten class, at least one
692
prekindergarten instructor who:
693
(a) Is a certified teacher; or
694
(b) Holds one of the educational credentials specified in
695
s. 1002.55(4)(a) or (b).
696
697
As used in this subsection, the term "certified teacher" means a
698
teacher holding a valid Florida educator certificate under s.
699
1012.56 who has the qualifications required by the district
700
school board to instruct students in the summer prekindergarten
701
program. In selecting instructional staff for the summer
702
prekindergarten program, each school district shall give priority
703
to teachers who have experience or coursework in early childhood
704
education.
706
1002.63(7), each prekindergarten class in the summer
707
prekindergarten program, regardless of whether the class is a
708
public school's or private prekindergarten provider's class, must
709
be composed of at least 4 students but may not exceed 10
710
students. In order to protect the health and safety of students,
711
each public school or private prekindergarten provider must also
712
provide appropriate adult supervision for students at all times.
713
This subsection does not supersede any requirement imposed on a
715
Section 17. Subsections (5) and (7) of section 1002.63,
716
Florida Statutes, are amended to read:
717
1002.63 School-year prekindergarten program delivered by
718
public schools.--
719
(5) Each public school must have, for each prekindergarten
720
class, at least one prekindergarten instructor who meets each
722
prekindergarten instructor of a private prekindergarten provider.
723
(7) Each prekindergarten class in a public school
724
delivering the school-year prekindergarten program must be
725
composed of at least 4 students but may not exceed 18 students.
726
In order to protect the health and safety of students, each
727
school must also provide appropriate adult supervision for
728
students at all times and, for each prekindergarten class
729
composed of 11 or more students, must have, in addition to a
730
prekindergarten instructor who meets the requirements of s.
732
prekindergarten instructor who is not required to meet those
733
requirements but who must meet each requirement of subsection
734
(6).
735
Section 18. Paragraph (a) of subsection (2) of section
736
1002.65, Florida Statutes, is amended to read:
737
1002.65 Professional credentials of prekindergarten
738
instructors; aspirational goals; legislative intent.--
739
(2) To improve these educational outcomes, the Legislature
740
intends that all prekindergarten instructors will continue to
741
improve their skills and preparation through education and
742
training, so that the following aspirational goals will be
743
achieved:
744
(a) By the 2010-2011 school year:
745
1. Each prekindergarten class will have at least one
746
prekindergarten instructor who holds an associate's or higher
747
degree in the field of early childhood education or child
748
development; and
749
2. For each prekindergarten class composed of 11 or more
750
students, in addition to a prekindergarten instructor who meets
751
the requirements of subparagraph 1., the class will have at least
752
one prekindergarten instructor who meets the requirements of s.
754
Section 19. Subsection (2) of section 1003.413, Florida
755
Statutes, is amended to read:
756
1003.413 Florida Secondary School Redesign Act.--
757
(2) The following guiding principles for secondary school
758
redesign shall be used in the annual preparation of each
759
secondary school's improvement plan required by s. 1001.42(18) s.
760
1001.42(16):
761
(a) Struggling students, especially those in failing
762
schools, need the highest quality teachers and dramatically
763
different, innovative approaches to teaching and learning.
764
(b) Every teacher must contribute to every student's
765
reading improvement.
766
(c) Quality professional development provides teachers and
767
principals with the tools they need to better serve students.
768
(d) Small learning communities allow teachers to
769
personalize instruction to better address student learning
770
styles, strengths, and weaknesses.
771
(e) Intensive intervention in reading and mathematics must
772
occur early and through innovative delivery systems.
773
(f) Parents need access to tools they can use to monitor
774
their child's progress in school, communicate with teachers, and
775
act early on behalf of their child.
776
(g) Applied and integrated courses help students see the
777
relationships between subjects and relevance to their futures.
778
(h) School is more relevant when students choose courses
779
based on their goals, interests, and talents.
780
(i) Master schedules should not determine instruction and
781
must be designed based on student needs, not adult or
782
institutional needs.
783
(j) Academic and career planning engages students in
784
developing a personally meaningful course of study so they can
785
achieve goals they have set for themselves.
786
Section 20. Paragraph (b) of subsection (2) of section
787
1003.53, Florida Statutes, is amended to read:
788
1003.53 Dropout prevention and academic intervention.--
789
(2)
790
(b) Each school that establishes a dropout prevention and
791
academic intervention program at that school site shall reflect
792
that program in the school improvement plan as required under s.
794
Section 21. Subsections (1) and (3) of section 1004.92,
795
Florida Statutes, are amended to read:
796
1004.92 Purpose and responsibilities for career
797
education.--
798
(1) The purpose of career education is to enable students
799
who complete career programs to attain and sustain employment and
800
realize economic self-sufficiency. The purpose of this section is
801
to identify issues related to career education for which school
802
boards and community college boards of trustees are accountable.
803
It is the intent of the Legislature that the standards
804
articulated in subsection (2) be considered in the development of
805
accountability standards for public schools pursuant to ss.
807
colleges pursuant to s. 1008.45.
808
(3) Each career center operated by a district school board
809
shall establish a center advisory council pursuant to s.
810
1001.452. The center advisory council shall assist in the
811
preparation and evaluation of center improvement plans required
813
assistance, upon the request of the center director, in the
814
preparation of the center's annual budget and plan as required by
815
s. 1008.385(1).
816
Section 22. Present subsection (2) of section 1006.061,
817
Florida Statutes, is redesignated as subsection (3), and a new
818
subsection (2) is added to that section, to read:
819
1006.061 Child abuse, abandonment, and neglect
820
policy.--Each district school board shall:
821
(2) Post in a prominent place in each district site the
822
school board policies and procedures for reporting suspected or
823
actual misconduct by an educator, the district contact person to
824
whom the report should be made, and the penalties imposed against
825
an educator for failing to report suspected or actual child abuse
826
pursuant to s. 1012.795.
827
Section 23. Paragraph (c) of subsection (2) of section
828
1007.21, Florida Statutes, is amended to read:
829
1007.21 Readiness for postsecondary education and the
830
workplace.--
831
(2)
832
(c) The common placement test authorized in ss. 1001.03(11)
834
all high school second semester sophomores who have chosen one of
835
the four destinations. The results of the placement test shall be
836
used to target additional instructional needs in reading,
837
writing, and mathematics prior to graduation.
838
Section 24. Subsection (5) of section 1007.23, Florida
839
Statutes, is amended to read:
840
1007.23 Statewide articulation agreement.--
841
(5) The articulation agreement must guarantee the
842
articulation of 9 credit hours toward a postsecondary degree in
843
early childhood education for programs approved by the State
844
Board of Education and the Board of Governors which:
845
(a) Award a child development associate credential issued
846
by the National Credentialing Program of the Council for
847
Professional Recognition or award a credential approved under s.
849
being equivalent to the child development associate credential;
850
and
851
(b) Include training in emergent literacy which meets or
852
exceeds the minimum standards for training courses for
853
prekindergarten instructors of the Voluntary Prekindergarten
854
Education Program in s. 1002.59.
855
Section 25. Subsection (4) of section 1008.33, Florida
856
Statutes, is amended to read:
857
1008.33 Authority to enforce public school improvement.--It
858
is the intent of the Legislature that all public schools be held
859
accountable for students performing at acceptable levels. A
860
system of school improvement and accountability that assesses
861
student performance by school, identifies schools in which
862
students are not making adequate progress toward state standards,
863
institutes appropriate measures for enforcing improvement, and
864
provides rewards and sanctions based on performance shall be the
865
responsibility of the State Board of Education.
866
(4) The State Board of Education may require the Department
867
of Education or Chief Financial Officer to withhold any transfer
868
of state funds to the school district if, within the timeframe
869
specified in state board action, the school district has failed
870
to comply with the action ordered to improve the district's low-
871
performing schools. Withholding the transfer of funds shall occur
872
only after all other recommended actions for school improvement
873
have failed to improve performance. The State Board of Education
874
may impose the same penalty on any district school board that
875
fails to develop and implement a plan for assistance and
876
intervention for low-performing schools as specified in s.
878
Section 26. Paragraph (c) of subsection (6) of section
879
1008.345, Florida Statutes, is amended to read:
880
1008.345 Implementation of state system of school
881
improvement and education accountability.--
882
(6)
883
(c) Pursuant to s. 24.121(5)(d), the department shall not
884
release funds from the Educational Enhancement Trust Fund to any
885
district in which a school, including schools operating for the
886
purpose of providing educational services to youth in Department
887
of Juvenile Justice programs, does not have an approved school
889
after 1 full school year of planning and development, or does not
890
comply with school advisory council membership composition
891
requirements pursuant to s. 1001.452. The department shall send a
892
technical assistance team to each school without an approved plan
893
to develop such school improvement plan or to each school without
894
appropriate school advisory council membership composition to
895
develop a strategy for corrective action. The department shall
896
release the funds upon approval of the plan or upon establishment
897
of a plan of corrective action. Notice shall be given to the
898
public of the department's intervention and shall identify each
899
school without a plan or without appropriate school advisory
900
council membership composition.
901
Section 27. Subsection (5) of section 1010.215, Florida
902
Statutes, is amended to read:
903
1010.215 Educational funding accountability.--
904
(5) The annual school public accountability report required
906
financial report. The purpose of the school financial report is
907
to better inform parents and the public concerning how funds were
908
spent to operate the school during the prior fiscal year. Each
909
school's financial report must follow a uniform, districtwide
910
format that is easy to read and understand.
911
(a) Total revenue must be reported at the school, district,
912
and state levels. The revenue sources that must be addressed are
913
state and local funds, other than lottery funds; lottery funds;
914
federal funds; and private donations.
915
(b) Expenditures must be reported as the total expenditures
916
per unweighted full-time equivalent student at the school level
917
and the average expenditures per full-time equivalent student at
918
the district and state levels in each of the following categories
919
and subcategories:
920
1. Teachers, excluding substitute teachers, and education
921
paraprofessionals who provide direct classroom instruction to
922
students enrolled in programs classified by s. 1011.62 as:
923
a. Basic programs;
924
b. Students-at-risk programs;
925
c. Special programs for exceptional students;
926
d. Career education programs; and
927
e. Adult programs.
928
2. Substitute teachers.
929
3. Other instructional personnel, including school-based
930
instructional specialists and their assistants.
931
4. Contracted instructional services, including training
932
for instructional staff and other contracted instructional
933
services.
934
5. School administration, including school-based
935
administrative personnel and school-based education support
936
personnel.
937
6. The following materials, supplies, and operating capital
938
outlay:
939
a. Textbooks;
940
b. Computer hardware and software;
941
c. Other instructional materials;
942
d. Other materials and supplies; and
943
e. Library media materials.
944
7. Food services.
945
8. Other support services.
946
9. Operation and maintenance of the school plant.
947
(c) The school financial report must also identify the
948
types of district-level expenditures that support the school's
949
operations. The total amount of these district-level expenditures
950
must be reported and expressed as total expenditures per full-
951
time equivalent student.
952
Section 28. Paragraph (b) of subsection (6) of section
953
1011.18, Florida Statutes, is amended to read:
954
1011.18 School depositories; payments into and withdrawals
955
from depositories.--
956
(6) EXEMPTION FOR SELF-INSURANCE PROGRAMS AND THIRD-PARTY
957
ADMINISTERED EMPLOYEES' FRINGE BENEFIT PROGRAMS.--
958
(b) The district school board may contract with an
959
insurance company or professional administrator who holds a valid
960
certificate of authority issued by the Office of Insurance
961
Regulation of the Financial Services Commission to provide any or
962
all services that a third-party administrator is authorized by
963
law to perform. Pursuant to such contract, the district school
964
board may advance or remit money to the administrator to be
965
deposited in a designated special checking account for paying
966
claims against the district school board under its self-insurance
967
programs, and remitting premiums to the providers of insured
968
benefits on behalf of the district school board and the
969
participants in such programs, and otherwise fulfilling the
970
obligations imposed upon the administrator by law and the
971
contractual agreements between the district school board and the
972
administrator. The special checking account shall be maintained
973
in a designated district school depository. The district school
974
board may replenish such account as often as necessary upon the
975
presentation by the service organization of documentation for
976
claims or premiums due paid equal to the amount of the requested
977
reimbursement. Such replenishment shall be made by a warrant
978
signed by the chair of the district school board and
979
countersigned by the district school superintendent. Such
980
replenishment may be made by electronic, telephonic, or other
981
medium, and each transfer shall be confirmed in writing and
982
signed by the district school superintendent or his or her
983
designee. The provisions of strict accountability of all funds
984
and an annual audit by an independent certified public accountant
986
this subsection.
987
Section 29. Present subsection (6) of section 1012.27,
988
Florida Statutes, is redesignated as subsection (7), and a new
989
subsection (6) is added to that section, to read:
990
1012.27 Public school personnel; powers and duties of
991
district school superintendent.--The district school
992
superintendent is responsible for directing the work of the
993
personnel, subject to the requirements of this chapter, and in
994
addition the district school superintendent shall perform the
995
following:
996
(6) Before appointing a candidate to any position in the
997
district school system, contact the previous employer of the
998
candidate to assess the candidate's ability to meet state and
999
local ethical standards for professional educators, and screen
1000
the candidate through the use of educator screening tools
1001
provided by the Department of Education, and document findings.
1002
The school superintendent shall report to the Department of
1003
Education the termination of any employee, regardless of cause,
1004
and the Department of Education shall include termination
1005
information on a secure website for use by authorized school
1006
district personnel and private schools that accept students
1008
Section 30. Paragraph (a) of subsection (1), paragraph (c)
1009
of subsection (4), and paragraph (b) of subsection (6) of section
1010
1012.33, Florida Statutes, are amended to read:
1011
1012.33 Contracts with instructional staff, supervisors,
1012
and school principals.--
1013
(1)(a) Each person employed as a member of the
1014
instructional staff in any district school system shall be
1016
employed pursuant to s. 1012.39 and shall be entitled to and
1017
shall receive a written contract as specified in this section.
1018
All such contracts, except continuing contracts as specified in
1019
subsection (4), shall contain provisions for dismissal during the
1020
term of the contract only for just cause. Just cause includes,
1021
but is not limited to, the following instances, as defined by
1022
district school board policy and rules rule of the State Board of
1023
Education: immorality, misconduct in office, incompetency, gross
1024
insubordination, willful neglect of duty, or the commission of a
1025
criminal or delinquent act, regardless of adjudication, as
1026
established and set forth by rule statutorily authorized in s.
1027
1001.03(3) conviction of a crime involving moral turpitude.
1028
(4)
1029
(c) Any member of the district administrative or
1030
supervisory staff and any member of the instructional staff,
1031
including any school principal, who is under continuing contract
1032
may be suspended or dismissed at any time during the school year;
1033
however, the charges against him or her must be based on
1034
immorality, misconduct in office, incompetency, gross
1035
insubordination, willful neglect of duty, or drunkenness, or
1036
conviction of a crime involving moral turpitude, as these terms
1037
are defined by district school board policy and rules rule of the
1038
State Board of Education, or the commission of a criminal or
1039
delinquent act, regardless of adjudication, as established and
1040
set forth by rule statutorily authorized in s. 1001.03(3).
1041
Whenever such charges are made against any such employee of the
1042
district school board, the district school board may suspend such
1043
person without pay; but, if the charges are not sustained, he or
1044
she shall be immediately reinstated, and his or her back salary
1045
shall be paid. In cases of suspension by the district school
1046
board or by the district school superintendent, the district
1047
school board shall determine upon the evidence submitted whether
1048
the charges have been sustained and, if the charges are
1049
sustained, shall determine either to dismiss the employee or fix
1050
the terms under which he or she may be reinstated. If such
1051
charges are sustained by a majority vote of the full membership
1052
of the district school board and such employee is discharged, his
1053
or her contract of employment shall be thereby canceled. Any such
1054
decision adverse to the employee may be appealed by the employee
1055
pursuant to s. 120.68, provided such appeal is filed within 30
1056
days after the decision of the district school board.
1057
(6)
1058
(b) Any member of the district administrative or
1059
supervisory staff, including any principal but excluding an
1060
employee specified in subsection (4), may be suspended or
1061
dismissed at any time during the term of the contract; however,
1062
the charges against him or her must be based on immorality,
1063
misconduct in office, incompetency, gross insubordination,
1064
willful neglect of duty, drunkenness, or conviction of any crime
1065
involving moral turpitude, as these terms are defined by district
1066
school board policy and rules rule of the State Board of
1067
Education. Whenever such charges are made against any such
1068
employee of the district school board, the district school board
1069
may suspend the employee without pay; but, if the charges are not
1070
sustained, he or she shall be immediately reinstated, and his or
1071
her back salary shall be paid. In cases of suspension by the
1072
district school board or by the district school superintendent,
1073
the district school board shall determine upon the evidence
1074
submitted whether the charges have been sustained and, if the
1075
charges are sustained, shall determine either to dismiss the
1076
employee or fix the terms under which he or she may be
1077
reinstated. If such charges are sustained by a majority vote of
1078
the full membership of the district school board and such
1079
employee is discharged, his or her contract of employment shall
1080
be thereby canceled. Any such decision adverse to the employee
1081
may be appealed by him or her pursuant to s. 120.68, provided
1082
such appeal is filed within 30 days after the decision of the
1083
district school board.
1084
Section 31. Subsection (4) of section 1012.34, Florida
1085
Statutes, is amended to read:
1086
1012.34 Assessment procedures and criteria.--
1087
(4) The district school superintendent shall notify the
1088
department of any instructional personnel who receive two
1089
consecutive unsatisfactory evaluations and who have been given
1090
written notice by the district that their employment is being
1091
terminated or is not being renewed or that the district school
1092
board intends to terminate, or not renew, their employment. The
1093
department shall conduct an investigation to determine whether
1094
action shall be taken against the certificateholder pursuant to
1096
Section 32. Subsection (14) of section 1012.56, Florida
1097
Statutes, is amended to read:
1098
1012.56 Educator certification requirements.--
1099
(14) PERSONNEL RECORDS.--The Department of Education shall
1100
maintain an electronic database that includes, but need not be
1101
limited to, a complete statement of the academic preparation,
1102
professional training, and teaching experience of each person to
1103
whom a certificate is issued. The applicant or the district
1104
school superintendent shall furnish the information using a
1105
format or forms provided by the department.
1106
Section 33. Section 1012.79, Florida Statutes, is amended
1107
to read:
1108
1012.79 Education Practices Commission; organization.--
1109
(1) The Education Practices Commission consists of 25 17
1110
members, including 8 7 teachers, 5 administrators, and 7 5 lay
1111
citizens (of whom 5 shall be parents of public school students
1112
and who are unrelated to public school employees and 2 shall be
1113
former district school board members), and 5 sworn law
1114
enforcement officials, appointed by the State Board of Education
1115
from nominations by the Commissioner of Education and subject to
1116
Senate confirmation. Prior to making nominations, the
1117
commissioner shall consult with the teaching associations, parent
1118
organizations, law enforcement agencies, and other involved
1119
associations in the state. In making nominations, the
1120
commissioner shall attempt to achieve equal geographical
1121
representation, as closely as possible.
1122
(a) A teacher member, in order to be qualified for
1123
appointment:
1124
1. Must be certified to teach in the state.
1125
2. Must be a resident of the state.
1126
3. Must have practiced the profession in this state for at
1127
least 5 years immediately preceding the appointment.
1128
(b) A school administrator member, in order to be qualified
1129
for appointment:
1130
1. Must have an endorsement on the educator certificate in
1131
the area of school administration or supervision.
1132
2. Must be a resident of the state.
1133
3. Must have practiced the profession as an administrator
1134
for at least 5 years immediately preceding the appointment.
1135
(c) The lay members must be residents of the state.
1136
(d) The members who are law enforcement officials must have
1137
served in the profession for at least 5 years immediately
1138
preceding appointment and have background expertise in child
1139
safety.
1140
(2) Members of the commission shall serve for 4-year
1141
staggered terms. No commission member may serve more than 8
1142
years.
1143
(3) The State Board of Education may remove any member from
1144
the commission for misconduct or malfeasance in office,
1145
incapacity, or neglect of duty.
1146
(4) From among its members, the commission shall elect a
1147
chair who shall preside over meetings of the commission and
1148
perform other duties directed by the commission or required by
1149
its duly adopted rules or operating procedures. School districts
1150
shall be reimbursed for substitute teachers required to replace
1151
commission members, when they are carrying out their official
1152
duties, at a rate established by the school district for
1153
substitute teachers. The department may reimburse local school
1154
districts for substitutes.
1155
(5) The commission, by a vote of three-fourths of the
1156
membership, shall employ an executive director, who shall be
1157
exempt from career service. The executive director may be
1158
dismissed by a majority vote of the membership.
1159
(6)(a) The commission shall be assigned to the Department
1160
of Education for administrative purposes. The commission, in the
1161
performance of its powers and duties, shall not be subject to
1162
control, supervision, or direction by the Department of
1163
Education.
1164
(b) The property, personnel, and appropriations related to
1165
the specified authority, powers, duties, and responsibilities of
1166
the commission shall be provided to the commission by the
1167
Department of Education.
1168
(7) The duties and responsibilities of the commission are
1169
to:
1170
(a) Interpret and apply the standards of professional
1171
practice established by the State Board of Education.
1172
(b) Revoke or suspend a certificate or take other
1174
(c) Report to and meet with the State Board of Education at
1175
least once each year.
1177
implement provisions of law conferring duties upon it.
1178
(8)(a) The commission shall, from time to time, designate
1179
members of the commission to serve on panels for the purpose of
1180
reviewing and issuing final orders upon cases presented to the
1181
commission. A case concerning a complaint against a teacher shall
1182
be reviewed and a final order thereon shall be entered by a panel
1183
composed of five commission members, at least one of whom must be
1184
a parent, one of whom must be a sworn law enforcement officer,
1185
and two three of whom must shall be teachers. A case concerning a
1186
complaint against an administrator shall be reviewed and a final
1187
order thereon shall be entered by a panel composed of five
1188
commission members, at least one of whom must be a parent, one of
1189
whom must be a sworn law enforcement officer, and three of whom
1190
shall be administrators.
1191
(b) A majority of a quorum of a panel of the commission
1192
shall have final agency authority in all cases involving the
1193
revocation, suspension, or other disciplining of certificates of
1194
teachers and school administrators. A majority of the membership
1195
of the panel shall constitute a quorum. The district school board
1196
shall retain the authority to discipline teachers and
1197
administrators pursuant to law.
1198
(9) The commission shall make such expenditures as may be
1199
necessary in exercising its authority and powers and carrying out
1200
its duties and responsibilities, including expenditures for
1201
personal services, general counsel or access to counsel, and rent
1202
at the seat of government and elsewhere; for books of reference,
1203
periodicals, furniture, equipment, and supplies; and for printing
1204
and binding. The expenditures of the commission shall be subject
1205
to the powers and duties of the Department of Financial Services
1206
as provided in s. 17.03.
1207
(10) The commission shall be financed from the following:
1208
certification fees; fines, penalties, and costs collected
1209
pursuant to s. 1012.796(9); and general revenue.
1210
Section 34. Subsection (1) of section 1012.795, Florida
1211
Statutes, is amended to read:
1212
1012.795 Education Practices Commission; authority to
1213
discipline.--
1214
(1) The Education Practices Commission may suspend the
1215
educator certificate of any person as defined in s. 1012.01(2) or
1216
(3) for a period of time not to exceed 5 years, thereby denying
1217
that person the right to teach or otherwise be employed by a
1218
district school board or public school in any capacity requiring
1219
direct contact with students for that period of time, after which
1220
the holder may return to teaching as provided in subsection (4);
1221
may revoke the educator certificate of any person, thereby
1222
denying that person the right to teach or otherwise be employed
1223
by a district school board or public school in any capacity
1224
requiring direct contact with students for a period of time not
1225
to exceed 10 years, with reinstatement subject to the provisions
1226
of subsection (4); may revoke permanently the educator
1227
certificate of any person thereby denying that person the right
1228
to teach or otherwise be employed by a district school board or
1229
public school in any capacity requiring direct contact with
1230
students; may suspend the educator certificate, upon order of the
1231
court, of any person found to have a delinquent child support
1232
obligation; or may impose any other penalty provided by law,
1233
provided it can be shown that the person:
1234
(a) Obtained or attempted to obtain an educator certificate
1235
by fraudulent means.
1236
(b) Knowingly failed to report any suspected or actual
1237
child abuse pursuant to s. 1006.061 or any violation of the
1238
Principles of Professional Conduct for the Education Profession
1239
pursuant to paragraph (j) and prescribed by rules of the State
1240
Board of Education.
1241
(c)(b) Has proved to be incompetent to teach or to perform
1242
duties as an employee of the public school system or to teach in
1243
or to operate a private school.
1244
(d)(c) Has been guilty of gross immorality or an act
1245
involving moral turpitude as defined and adopted by rules of the
1246
State Board of Education.
1247
(e)(d) Has had an educator certificate sanctioned by
1248
revocation, suspension, or surrender in another state.
1249
(f)(e) Has been convicted of a misdemeanor, felony, or any
1250
other criminal charge, other than a minor traffic violation.
1251
(g)(f) Upon investigation, has been found guilty of
1252
personal conduct which seriously reduces that person's
1253
effectiveness as an employee of the district school board.
1254
(h)(g) Has breached a contract, as provided in s.
1255
1012.33(2).
1256
(i)(h) Has been the subject of a court order directing the
1257
Education Practices Commission to suspend the certificate as a
1258
result of a delinquent child support obligation.
1259
(j)(i) Has violated the Principles of Professional Conduct
1260
for the Education Profession prescribed by State Board of
1261
Education rules.
1262
(k)(j) Has otherwise violated the provisions of law, the
1263
penalty for which is the revocation of the educator certificate.
1264
(l)(k) Has violated any order of the Education Practices
1265
Commission.
1266
(m)(l) Has been the subject of a court order or plea
1267
agreement in any jurisdiction which requires the
1268
certificateholder to surrender or otherwise relinquish his or her
1269
educator's certificate. A surrender or relinquishment shall be
1270
for permanent revocation of the certificate. A person may not
1271
surrender or otherwise relinquish his or her certificate prior to
1272
a finding of probable cause by the commissioner as provided in s.
1273
1274
1275
Failure to report employee actions as outlined in this subsection
1276
shall result in prohibition to accept students pursuant to s.
1278
penalties pursuant to s. 1001.51; and certification sanctions
1279
pursuant to this section.
1280
Section 35. Subsections (1), (3), and (5) of section
1281
1012.796, Florida Statutes, are amended to read:
1282
1012.796 Complaints against teachers and administrators;
1283
procedure; penalties.--
1284
(1)(a) The Department of Education shall cause to be
1285
investigated expeditiously any complaint filed before it or
1286
otherwise called to its attention which, if legally sufficient,
1287
contains grounds for the revocation or suspension of a
1288
certificate or any other appropriate penalty as set forth in
1289
subsection (7). The complaint is legally sufficient if it
1290
contains the ultimate facts which show a violation has occurred
1291
as provided in s. 1012.795 and defined in rules. The department
1292
shall may investigate or continue to investigate and take
1293
appropriate action on a complaint even though the original
1294
complainant withdraws the complaint or otherwise indicates a
1295
desire not to cause it to be investigated or prosecuted to
1296
completion. The department may investigate or continue to
1297
investigate and take action on a complaint filed against a person
1298
whose educator certificate has expired if the act or acts that
1299
which are the basis for the complaint were allegedly committed
1300
while that person possessed an educator certificate.
1301
(b) When an investigation is undertaken, the department
1302
shall notify the certificateholder or applicant for certification
1303
and the district school superintendent or the university
1304
laboratory school, charter school, or private school in which the
1305
certificateholder or applicant for certification is employed or
1306
was employed at the time the alleged offense occurred. In
1307
addition, the department shall inform the certificateholder or
1308
applicant for certification of the substance of any complaint
1309
which has been filed against that certificateholder or applicant,
1310
unless the department determines that such notification would be
1311
detrimental to the investigation, in which case the department
1312
may withhold notification to the certificateholder or applicant
1313
for certification.
1314
(c) Each school district shall file in writing with the
1315
department all legally sufficient complaints within 30 days after
1316
the date on which subject matter of the complaint comes to the
1317
attention of the school district. A complaint is legally
1318
sufficient if it contains the ultimate facts that show a
1319
violation has occurred as provided in s. 1012.795 and defined in
1320
rules. The school district shall include all information relating
1321
to the complaint which is known to the school district at the
1322
time of filing. Each district school board shall develop and
1323
adopt policies and procedures to comply with this reporting
1324
requirement. School board policies and procedures must include
1325
standards for screening, hiring, and terminating employees,
1326
ethical standards for all employees, responsibilities of
1327
educators to uphold the standards, detailed steps to be followed
1328
in reporting suspected or actual misconduct by an educator,
1329
requirements for the reassignment of an employee pending the
1330
outcome of a misconduct investigation, and penalties for failing
1332
school board policies and procedures shall include appropriate
1333
penalties for all personnel of the district school board for
1334
nonreporting and procedures for promptly informing the district
1335
school superintendent of each legally sufficient complaint. The
1336
district school superintendent is charged with knowledge of these
1337
policies and procedures and is accountable for communicating the
1338
ethical standards, policies, and procedures to all district
1339
employees. If the district school superintendent has knowledge of
1340
a legally sufficient complaint and does not report the complaint,
1341
or fails to enforce the policies and procedures of the district
1342
school board, and fails to comply with the requirements of this
1343
subsection, in addition to other actions against
1344
certificateholders authorized by law, the district school
1345
superintendent shall be subject to penalties as specified in s.
1346
1001.51(12). If the superintendent determines that misconduct has
1347
occurred which warrants termination, the employee may not be
1348
allowed to resign but must be terminated and a record, including
1349
the cause of the termination, shall be reported to the Department
1350
of Education and maintained in the employee's public personnel
1351
file. This paragraph does not limit or restrict the power and
1352
duty of the department to investigate complaints as provided in
1353
paragraphs (a) and (b), regardless of the school district's
1354
untimely filing, or failure to file, complaints and followup
1355
reports.
1356
(d) Notwithstanding any other law, all law enforcement
1357
agencies, state attorneys, social service agencies, district
1358
school boards, and the Division of Administrative Hearings shall
1359
fully cooperate with and, upon request, shall provide unredacted
1360
documents to the Department of Education to further
1361
investigations and prosecutions conducted pursuant to this
1362
section. Any document received pursuant to this paragraph may not
1363
be redisclosed except as authorized by law.
1364
(3) The department staff shall advise the commissioner
1365
concerning the findings of the investigation. The department
1366
general counsel or members of that staff shall review the
1367
investigation and advise the commissioner concerning probable
1368
cause or lack thereof. The determination of probable cause shall
1369
be made by the commissioner. The commissioner shall provide an
1370
opportunity for a conference, if requested, prior to determining
1371
probable cause. The commissioner may enter into deferred
1372
prosecution agreements in lieu of finding probable cause when in
1373
his or her judgment such agreements would be in the best
1374
interests of the department, the certificateholder, and the
1375
public. Such deferred prosecution agreements shall become
1376
effective when filed with the clerk of the Education Practices
1377
Commission. However, a deferred prosecution agreement shall not
1378
be entered into if where there is probable cause to believe that
1379
a felony or an act of moral turpitude, as defined in rule, has
1380
occurred. Upon finding no probable cause, the commissioner shall
1381
dismiss the complaint.
1382
(5) In order When deemed necessary to protect the health,
1383
safety, and welfare of a minor student, when an allegation of
1384
educator misconduct occurs, the district school superintendent in
1385
consultation with the school principal, or may, and upon the
1386
request of the Commissioner of Education, must immediately shall,
1387
temporarily suspend the educator a certificateholder from the
1388
certificateholder's regularly assigned duties, with pay, and
1389
reassign the suspended educator certificateholder to a position
1390
that does not require direct contact with students in the
1391
district school system. Such suspension shall continue until the
1392
completion of the proceedings and the determination of sanctions,
1393
if any, pursuant to this section and s. 1012.795.
1394
Section 36. Paragraph (b) of subsection (4) of section
1395
1012.98, Florida Statutes, is amended to read:
1396
1012.98 School Community Professional Development Act.--
1397
(4) The Department of Education, school districts, schools,
1398
community colleges, and state universities share the
1399
responsibilities described in this section. These
1400
responsibilities include the following:
1401
(b) Each school district shall develop a professional
1402
development system as specified in subsection (3). The system
1403
shall be developed in consultation with teachers, teacher-
1404
educators of community colleges and state universities, business
1405
and community representatives, and local education foundations,
1406
consortia, and professional organizations. The professional
1407
development system must:
1408
1. Be approved by the department. All substantial revisions
1409
to the system shall be submitted to the department for review for
1410
continued approval.
1411
2. Be based on analyses of student achievement data and
1412
instructional strategies and methods that support rigorous,
1413
relevant, and challenging curricula for all students. Schools and
1414
districts, in developing and refining the professional
1415
development system, shall also review and monitor school
1416
discipline data; school environment surveys; assessments of
1417
parental satisfaction; performance appraisal data of teachers,
1418
managers, and administrative personnel; and other performance
1419
indicators to identify school and student needs that can be met
1420
by improved professional performance.
1421
3. Provide inservice activities coupled with followup
1422
support appropriate to accomplish district-level and school-level
1423
improvement goals and standards. The inservice activities for
1424
instructional personnel shall focus on analysis of student
1425
achievement data, ongoing formal and informal assessments of
1426
student achievement, identification and use of enhanced and
1427
differentiated instructional strategies that emphasize rigor,
1428
relevance, and reading in the content areas, enhancement of
1429
subject content expertise, integrated use of classroom technology
1430
that enhances teaching and learning, classroom management, parent
1431
involvement, and school safety.
1432
4. Include a master plan for inservice activities, pursuant
1433
to rules of the State Board of Education, for all district
1434
employees from all fund sources. The master plan shall be updated
1435
annually by September 1, must be based on input from teachers and
1436
district and school instructional leaders, and must use the
1437
latest available student achievement data and research to enhance
1438
rigor and relevance in the classroom. Each district inservice
1439
plan must be aligned to and support the school-based inservice
1440
plans and school improvement plans pursuant to s. 1001.42(18) s.
1441
1001.42(16). District plans must be approved by the district
1442
school board annually in order to ensure compliance with
1443
subsection (1) and to allow for dissemination of research-based
1444
best practices to other districts. District school boards must
1445
submit verification of their approval to the Commissioner of
1446
Education no later than October 1, annually.
1447
5. Require each school principal to establish and maintain
1448
an individual professional development plan for each
1449
instructional employee assigned to the school as a seamless
1450
component to the school improvement plans developed pursuant to
1452
development plan must:
1453
a. Be related to specific performance data for the students
1454
to whom the teacher is assigned.
1455
b. Define the inservice objectives and specific measurable
1456
improvements expected in student performance as a result of the
1457
inservice activity.
1458
c. Include an evaluation component that determines the
1459
effectiveness of the professional development plan.
1460
6. Include inservice activities for school administrative
1461
personnel that address updated skills necessary for instructional
1462
leadership and effective school management pursuant to s.
1463
1464
7. Provide for systematic consultation with regional and
1465
state personnel designated to provide technical assistance and
1466
evaluation of local professional development programs.
1467
8. Provide for delivery of professional development by
1468
distance learning and other technology-based delivery systems to
1469
reach more educators at lower costs.
1470
9. Provide for the continuous evaluation of the quality and
1471
effectiveness of professional development programs in order to
1472
eliminate ineffective programs and strategies and to expand
1473
effective ones. Evaluations must consider the impact of such
1474
activities on the performance of participating educators and
1475
their students' achievement and behavior.
1476
Section 37. Subsection (4) of section 1013.03, Florida
1477
Statutes, is amended to read:
1478
1013.03 Functions of the department and the Board of
1479
Governors.--The functions of the Department of Education as it
1480
pertains to educational facilities of school districts and
1481
community colleges and of the Board of Governors as it pertains
1482
to educational facilities of state universities shall include,
1483
but not be limited to, the following:
1484
(4) Require each board and other appropriate agencies to
1485
submit complete and accurate financial data as to the amounts of
1486
funds from all sources that are available and spent for
1487
construction and capital improvements. The commissioner shall
1488
prescribe the format and the date for the submission of this data
1489
and any other educational facilities data. If any district does
1490
not submit the required educational facilities fiscal data by the
1491
prescribed date, the Commissioner of Education shall notify the
1492
district school board of this fact and, if appropriate action is
1493
not taken to immediately submit the required report, the district
1494
school board shall be directed to proceed pursuant to the
1496
community college or university does not submit the required
1497
educational facilities fiscal data by the prescribed date, the
1498
same policy prescribed in this subsection for school districts
1499
shall be implemented.
1500
Section 38. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.