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

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relating to duties of principals and lab schools;

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conforming cross-references; amending s. 1002.36, 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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educators; amending ss. 1002.421 and 1002.55, F.S.;

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

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

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instructors, the Florida Secondary School Redesign Act,

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dropout prevention, and career education; conforming

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

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each district school board to post its policies and

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procedures for reporting misconduct by educators and the

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penalties imposed for failing to report suspected or

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actual child abuse; amending ss. 1007.21, 1007.23,

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

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to readiness for postsecondary education and the

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workplace, the statewide articulation agreement, public

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school improvement and educator accountability, funding

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accountability, and school depositories; conforming cross-

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

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district school superintendent to contact the previous

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employer of each candidate for employment and notify the

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Department of Education of the termination of an employee,

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

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that just cause for terminating instructional staff

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includes immorality or the commission of a criminal 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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educator misconduct; amending ss. 1012.98 and 1013.03,

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F.S., relating to the School Community Professional

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Development Act and functions of the department and Board

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of Governors; conforming cross-references; providing an

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effective date.

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

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

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Education Act."

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

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section 24.121, Florida Statutes, are amended to read:

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     24.121  Allocation of revenues and expenditure of funds for

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public education.--

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     (5)

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     (c)  A portion of such net revenues, as determined annually

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by the Legislature, shall be distributed to each school district

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

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for enhancing school performance through development and

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implementation of a school improvement plan pursuant to s.

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

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determined annually in the General Appropriations Act, must be

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allocated to each school in an equal amount for each student

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enrolled. These moneys may be expended only on programs or

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projects selected by the school advisory council or by a parent

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advisory committee created pursuant to this paragraph. If a

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school does not have a school advisory council, the district

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advisory council must appoint a parent advisory committee

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composed of parents of students enrolled in that school, which

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committee is representative of the ethnic, racial, and economic

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

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

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staff nor principals may override the recommendations of the

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school advisory council or the parent advisory committee. These

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moneys may not be used for capital improvements, 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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improvement plan pursuant to s. 1001.42(18) s. 1001.42(16) or do

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not comply with school advisory council membership composition

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

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Education shall withhold disbursements from the trust fund to any

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school district that fails to adopt the performance-based salary

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schedule required by s. 1012.22(1).

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

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112.3173, Florida Statutes, is amended to read:

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     112.3173  Felonies involving breach of public trust and

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other specified offenses by public officers and employees;

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forfeiture of retirement benefits.--

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

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context otherwise requires, the term:

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     (e)  "Specified offense" means:

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

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of public funds;

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

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public officer or employee from his or her employer;

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     3.  Bribery in connection with the employment of a public

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officer or employee;

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

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and 838.16;

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     5. The committing of an impeachable offense; or

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

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

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the public agency for which the public officer or employee acts

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

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

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

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

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

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

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office or employment position; or.

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

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defined in 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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to ss. 1002.421 and 1002.55 in the development of policies and

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

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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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misconduct pursuant to s. 39.201, s. 39.202, or s. 768.095.

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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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1001.42(18) 1001.42(16) and 1008.345. A majority of the members

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

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

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functions as are prescribed by regulations of the district school

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

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

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school advisory council shall assist in the preparation and

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evaluation of the school improvement plan required pursuant to s.

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

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Department of Education, each school advisory council shall

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

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

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annual General Appropriations Act for use by school advisory

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councils must be used for implementing the school improvement

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plan.

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

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Statutes, is amended to read:

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     1001.51  Duties and responsibilities of district school

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superintendent.--The district school superintendent shall

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exercise all powers and perform all duties listed below and

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

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advise and counsel with the district school board. The district

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school superintendent shall perform all tasks necessary to make

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sound recommendations, nominations, proposals, and reports

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

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All such recommendations, nominations, proposals, and reports by

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the district school superintendent shall be either recorded in

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

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

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

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this section, the recommendations, nominations, and proposals

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required of the district school superintendent were not contrary

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

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

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

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

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approved by the district school board; ensure that such records

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

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required, as follows:

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

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accurately keep all records and promptly make in proper form all

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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

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records and the making of such additional reports as may be

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deemed necessary to provide data essential for the operation of

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

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required and ensure that these records and reports are properly

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prepared.

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

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

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

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department and transmit promptly all such reports, when approved,

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

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

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

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school superintendent must be withheld until the report has been

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properly submitted. Unless otherwise provided by rules of the

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State Board of Education, the annual report on attendance and

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

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

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by the commissioner.

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Any district school superintendent who knowingly signs and

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transmits to any state official a false or incorrect report or

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who fails to investigate all reports of suspected or actual

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misconduct or report allegations of misconduct by an educator

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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.

485

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

486

Statutes, is amended to read:

487

     1001.54  Duties of school principals.--

488

     (2)  Each school principal shall provide instructional

489

leadership in the development, revision, and implementation of a

490

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

491

1001.42(16).

492

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

493

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

498

exceptions shall be permitted for lab schools:

499

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

500

1001.42 shall be held in abeyance. Reference to district school

501

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

502

of the university or the president's designee.

503

     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.

511

1001.03, 1001.42, 1001.51, 1006.061, 1012.27, 1012.795, and

512

1012.796.

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

518

state school choice scholarship programs.--

519

     (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

537

s. 39.201, s. 39.202, or s. 768.095..

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

573

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

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

612

s. 39.201, s. 39.202, or s. 768.095.

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

648

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

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.--

689

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

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.

705

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

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

714

provider under ss. 402.301-402.319.

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

721

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

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.

731

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

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.

753

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

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.

793

1001.42(18) s. 1001.42(16).

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.

806

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

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

812

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

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)

833

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

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.

848

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

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.

877

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

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

888

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

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

905

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

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

985

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

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

1007

pursuant to s. 1002.421 or s. 1002.55.

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

1015

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

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

1095

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

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

1173

appropriate action as provided in ss. 1012.795 and 1012.796.

1174

     (c)  Report to and meet with the State Board of Education at

1175

least once each year.

1176

     (d)  Adopt rules pursuant to ss. 120.536(1) and 120.54 to

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

1012.796.

1274

1275

Failure to report employee actions as outlined in this subsection

1276

shall result in prohibition to accept students pursuant to s.

1277

220.187, s. 1002.39, or s. 1002.53; the imposition of financial

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

1331

to comply pursuant to ss. 1001.51 and 1012.795. The district

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

1451

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

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

1012.986.

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

1495

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

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.