Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS/HB 7045

652466

CHAMBER ACTION

Senate

Floor: 1f/RS/2R

4/30/2008 4:21 PM

House

Senator Gaetz moved the following amendment to amendment

(510960):

Senate Amendment (with title amendment)

Between line(s) 1295 and 1296,

insert:

Section 29. Paragraphs (c) and (d) of subsection (5) of

section 24.121, Florida Statutes, are amended to read:

24.121 Allocation of revenues and expenditure of funds for

public education.--

(5)

by the Legislature, shall be distributed to each school district

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

for enhancing school performance through development and

implementation of a school improvement plan pursuant to s.

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

determined annually in the General Appropriations Act, must be

allocated to each school in an equal amount for each student

enrolled. These moneys may be expended only on programs or

projects selected by the school advisory council or by a parent

advisory committee created pursuant to this paragraph. If a

school does not have a school advisory council, the district

advisory council must appoint a parent advisory committee

composed of parents of students enrolled in that school, which

committee is representative of the ethnic, racial, and economic

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

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

staff nor principals may override the recommendations of the

school advisory council or the parent advisory committee. These

moneys may not be used for capital improvements or, nor may they

be used for any project or program that has a duration of more

than 1 year; however, a school advisory council or parent

advisory committee may independently determine that a program or

project formerly funded under this paragraph should receive funds

in a subsequent year.

(d) No funds shall be released for any purpose from the

Educational Enhancement Trust Fund to any school district in

which one or more schools do not have an approved school

improvement plan pursuant to s. 1001.42(18) s. 1001.42(16) or do

not comply with school advisory council membership composition

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

Education shall withhold disbursements from the trust fund to any

school district that fails to adopt the performance-based salary

schedule required by s. 1012.22(1).

Section 30. Paragraph (e) of subsection (2) of section

112.3173, Florida Statutes, is amended to read:

112.3173 Felonies involving breach of public trust and

other specified offenses by public officers and employees;

forfeiture of retirement benefits.--

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

context otherwise requires, the term:

(e) "Specified offense" means:

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

of public funds;

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

public officer or employee from his or her employer;

3. Bribery in connection with the employment of a public

officer or employee;

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

and 838.16;

5. The committing of an impeachable offense; or

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

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

the public agency for which the public officer or employee acts

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

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

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

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

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

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

office or employment position; or.

7. The committing on or after October 1, 2008, of any

felony defined in s. 800.04 against a victim younger than 16

years of age, or any felony defined in chapter 794 against a

victim younger than 18 years of age, by a public officer or

employee through the use or attempted use of power, rights,

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

employment position.

Section 31. Paragraph (i) of subsection (5) of section

121.091, Florida Statutes, is redesignated as paragraph (j),

present paragraph (j) is redesignated as paragraph (k) and

amended, and a new paragraph (i) is added to that subsection, to

read:

121.091 Benefits payable under the system.--Benefits may

not be paid under this section unless the member has terminated

employment as provided in s. 121.021(39)(a) or begun

participation in the Deferred Retirement Option Program as

provided in subsection (13), and a proper application has been

filed in the manner prescribed by the department. The department

may cancel an application for retirement benefits when the member

or beneficiary fails to timely provide the information and

documents required by this chapter and the department's rules.

The department shall adopt rules establishing procedures for

application for retirement benefits and for the cancellation of

such application when the required information or documents are

not received.

(5) TERMINATION BENEFITS.--A member whose employment is

terminated prior to retirement retains membership rights to

100

previously earned member-noncontributory service credit, and to

101

member-contributory service credit, if the member leaves the

102

member contributions on deposit in his or her retirement account.

103

If a terminated member receives a refund of member contributions,

104

such member may reinstate membership rights to the previously

105

earned service credit represented by the refund by completing 1

106

year of creditable service and repaying the refunded member

107

contributions, plus interest.

108

(i) The division may not pay benefits to any member

109

convicted of a felony committed on or after October 1, 2008,

110

defined in s. 800.04 against a victim younger than 16 years of

111

age, or defined in chapter 794 against a victim younger than 18

112

years of age, through the use or attempted use of power, rights,

113

privileges, duties, or position of the member's public office or

114

employment position. However, the division shall return the

115

member's accumulated contributions, if any, that the member

116

accumulated as of the date of conviction.

117

(k)(j) Benefits shall not be paid by the division pending

118

final resolution of such charges against a member or beneficiary

119

if the resolution of such charges could require the forfeiture of

120

benefits as provided in paragraph (f), paragraph (g), paragraph

121

(h), or paragraph (i), or paragraph (j).

122

Section 32. Section 794.09, Florida Statutes, is created to

123

read:

124

794.09 Forfeiture of retirement benefits.--The retirement

125

benefits of a person convicted of a felony committed on or after

126

October 1, 2008, under this chapter are subject to forfeiture in

127

accordance with s. 112.3173 or s. 121.091 if the person is a

128

public officer or employee when the offense occurs; the person

129

commits the offense through the use or attempted use of power,

130

rights, privileges, duties, or position of the person's public

131

office or employment position; and the victim is younger than 18

132

years of age when the offense occurs.

133

Section 33. Section 800.05, Florida Statutes, is created

134

to:

135

800.05 Forfeiture of retirement benefits for a felony

136

defined in s. 800.04.--The retirement benefits of a person

137

convicted of a felony committed on or after October 1, 2008,

138

defined in s. 800.04 are subject to forfeiture in accordance with

139

s. 112.3173 or s. 121.091 if the person is a public officer or

140

employee when the offense occurs; the person commits the offense

141

through the use or attempted use of power, rights, privileges,

142

duties, or position of the person's public office or employment

143

position; and the victim is younger than 16 years of age when the

144

offense occurs.

145

Section 34. Subsection (4) of section 1001.10, Florida

146

Statutes, is renumbered as subsection (6) and new subsections (4)

147

and (5) are added to that section to read:

148

1001.10 Commissioner of Education; general powers and

149

duties.--

150

(4) The Department of Education shall provide technical

151

assistance to school districts, charter schools, the Florida

152

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

153

accept scholarship students under s. 220.187 or s. 1002.39 in the

154

development of policies, procedures, and training related to

155

employment practices and standards of ethical conduct for

156

instructional personnel and school administrators, as defined in

157

s. 1012.01.

158

(5) The Department of Education shall provide authorized

159

staff of school districts, charter schools, the Florida School

160

for the Deaf and the Blind, and private schools that accept

161

scholarship students under s. 220.187 or s. 1002.39 with access

162

to electronic verification of information from the following

163

employment screening tools:

164

(a) The Professional Practices' Database of Disciplinary

165

Actions Against Educators; and

166

(b) The Department of Education's Teacher Certification

167

Database.

168

169

This subsection does not require the department to provide these

170

staff with unlimited access to the databases. However, the

171

department shall provide the staff with access to the data

172

necessary for performing employment history checks of the

173

instructional personnel and school administrators included in the

174

databases.

175

Section 35. Subsection (4) of section 1001.32, Florida

176

Statutes, is amended to read:

177

1001.32 Management, control, operation, administration, and

178

supervision.--The district school system must be managed,

179

controlled, operated, administered, and supervised as follows:

180

(4) SCHOOL PRINCIPAL OR HEAD OF SCHOOL.--Responsibility for

181

the administration of any school or schools at a given school

182

center, for the supervision of instruction therein, and for

183

providing leadership in the development or revision and

184

implementation of a school improvement plan required by s.

185

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

186

school principal or head of the school or schools in accordance

187

with rules established by the district school board.

188

Section 36. Subsections (6) through (23) of section

189

1001.42, Florida Statutes, are renumbered as subsections (8)

190

through (25), respectively, and new subsections (6) and (7) are

191

added to that section to read:

192

1001.42 Powers and duties of district school board.--The

193

district school board, acting as a board, shall exercise all

194

powers and perform all duties listed below:

195

(6) STANDARDS OF ETHICAL CONDUCT FOR INSTRUCTIONAL

196

PERSONNEL AND SCHOOL ADMINISTRATORS.--Adopt policies establishing

197

standards of ethical conduct for instructional personnel and

198

school administrators. The policies must require all

199

instructional personnel and school administrators, as defined in

200

s. 1012.01, to complete training on the standards; establish the

201

duty of instructional personnel and school administrators to

202

report, and procedures for reporting, alleged misconduct by other

203

instructional personnel and school administrators which affects

204

the health, safety, or welfare of a student; and include an

205

explanation of the liability protections provided under ss.

206

39.203 and 768.095. A district school board, or any of its

207

employees, may not enter into a confidentiality agreement

208

regarding terminated or dismissed instructional personnel or

209

school administrators, or personnel or administrators who resign

210

in lieu of termination, based in whole or in part on misconduct

211

that affects the health, safety, or welfare of a student, and may

212

not provide instructional personnel or school administrators with

213

employment references, or discuss the personnel's or

214

administrators' performance with prospective employers in another

215

educational setting, without disclosing the personnel's or

216

administrators' misconduct. Any part of an agreement or contract

217

that has the purpose or effect of concealing misconduct by

218

instructional personnel or school administrators which affects

219

the health, safety, or welfare of a student is void, is contrary

220

to public policy, and may not be enforced.

221

(7) DISQUALIFICATION FROM EMPLOYMENT.--Disqualify

222

instructional personnel and school administrators, as defined in

223

s. 1012.01, from employment in any position that requires direct

224

contact with students, if the personnel or administrators are

225

ineligible for such employment under s. 1012.315. An elected or

226

appointed school board official forfeits his or her salary for 1

227

year, if:

228

(a) The school board official knowingly signs and transmits

229

to any state official a report of alleged misconduct by

230

instructional personnel or school administrators which affects

231

the health, safety, or welfare of a student, and the school board

232

official knows the report to be false or incorrect; or

233

(b) The school board official knowingly fails to adopt

234

policies that require instructional personnel and school

235

administrators to report alleged misconduct by other

236

instructional personnel and school administrators, or that

237

require the investigation of all reports of alleged misconduct by

238

instructional personnel and school administrators, if the

239

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

240

Section 37. Paragraphs (a) and (c) of subsection (1) and

241

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

242

to read:

243

1001.452 District and school advisory councils.--

244

(1) ESTABLISHMENT.--

245

(a) The district school board shall establish an advisory

246

council for each school in the district and shall develop

247

procedures for the election and appointment of advisory council

248

members. Each school advisory council shall include in its name

249

the words "school advisory council." The school advisory council

250

shall be the sole body responsible for final decisionmaking at

251

the school relating to implementation of ss. 1001.42(18) the

252

provisions of ss. 1001.42(16) and 1008.345. A majority of the

253

members of each school advisory council must be persons who are

254

not employed by the school. Each advisory council shall be

255

composed of the principal and an appropriately balanced number of

256

teachers, education support employees, students, parents, and

257

other business and community citizens who are representative of

258

the ethnic, racial, and economic community served by the school.

259

Career center and high school advisory councils shall include

260

students, and middle and junior high school advisory councils may

261

include students. School advisory councils of career centers and

262

adult education centers are not required to include parents as

263

members. Council members representing teachers, education support

264

employees, students, and parents shall be elected by their

265

respective peer groups at the school in a fair and equitable

266

manner as follows:

267

1. Teachers shall be elected by teachers.

268

2. Education support employees shall be elected by

269

education support employees.

270

3. Students shall be elected by students.

271

4. Parents shall be elected by parents.

272

273

The district school board shall establish procedures to be used

274

for use by schools in selecting business and community members

275

that include means of ensuring wide notice of vacancies and of

276

taking input on possible members from local business, chambers of

277

commerce, community and civic organizations and groups, and the

278

public at large. The district school board shall review the

279

membership composition of each advisory council. If the district

280

school board determines that the membership elected by the school

281

is not representative of the ethnic, racial, and economic

282

community served by the school, the district school board shall

283

appoint additional members to achieve proper representation. The

284

commissioner shall determine if schools have maximized their

285

efforts to include on their advisory councils minority persons

286

and persons of lower socioeconomic status. Although schools are

287

strongly encouraged to establish school advisory councils, the

288

district school board of any school district that has a student

289

population of 10,000 or fewer may establish a district advisory

290

council which includes shall include at least one duly elected

291

teacher from each school in the district. For the purposes of

292

school advisory councils and district advisory councils, the term

293

"teacher" includes shall include classroom teachers, certified

294

student services personnel, and media specialists. For purposes

295

of this paragraph, "education support employee" means any person

296

employed by a school who is not defined as instructional or

297

administrative personnel pursuant to s. 1012.01 and whose duties

298

require 20 or more hours in each normal working week.

299

300

providing educational services to youth in Department of Juvenile

301

Justice programs, district school boards may establish a district

302

advisory council with appropriate representatives for the purpose

303

of developing and monitoring a district school improvement plan

304

that encompasses all such schools in the district, pursuant to s.

305

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

306

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

307

functions as are prescribed by regulations of the district school

308

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

309

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

310

school advisory council shall assist in the preparation and

311

evaluation of the school improvement plan required pursuant to s.

312

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

313

Department of Education, each school advisory council shall

314

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

315

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

316

annual General Appropriations Act for use by school advisory

317

councils must be used for implementing the school improvement

318

plan.

319

Section 38. Subsection (12) of section 1001.51, Florida

320

Statutes, is amended to read:

321

1001.51 Duties and responsibilities of district school

322

superintendent.--The district school superintendent shall

323

exercise all powers and perform all duties listed below and

324

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

325

advise and counsel with the district school board. The district

326

school superintendent shall perform all tasks necessary to make

327

sound recommendations, nominations, proposals, and reports

328

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

329

All such recommendations, nominations, proposals, and reports by

330

the district school superintendent shall be either recorded in

331

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

332

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

333

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

334

this section, the recommendations, nominations, and proposals

335

required of the district school superintendent were not contrary

336

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

337

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

338

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

339

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

340

approved by the district school board; ensure that such records

341

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

342

required, as follows:

343

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

344

accurately keep all records and promptly make in proper form all

345

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

346

Board of Education; recommend the keeping of such additional

347

records and the making of such additional reports as may be

348

deemed necessary to provide data essential for the operation of

349

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

350

required and ensure that these records and reports are properly

351

prepared.

352

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

353

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

354

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

355

department and transmit promptly all such reports, when approved,

356

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

357

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

358

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

359

school superintendent must be withheld until the report has been

360

properly submitted. Unless otherwise provided by rules of the

361

State Board of Education, the annual report on attendance and

362

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

363

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

364

by the commissioner.

365

366

Any district school superintendent who knowingly signs and

367

transmits to any state official a false or incorrect report that

368

the superintendent knows to be false or incorrect; who knowingly

369

fails to investigate any allegation of misconduct by

370

instructional personnel or school administrators, as defined in

371

s. 1012.01, which affects the health, safety, or welfare of a

372

student; or who knowingly fails to report the alleged misconduct

373

to the department as required in s. 1012.796, forfeits shall

374

forfeit his or her right to any salary for the period of 1 year

375

following the from that date of such act or failure to act.

376

Section 39. Subsection (2) of section 1001.54, Florida

377

Statutes, is amended to read:

378

1001.54 Duties of school principals.--

379

(2) Each school principal shall provide instructional

380

leadership in the development, revision, and implementation of a

381

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

382

1001.42(16).

383

Section 40. Paragraph (b) of subsection (11) of section

384

1002.32, Florida Statutes, is amended to read:

385

1002.32 Developmental research (laboratory) schools.--

386

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

387

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

388

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

389

exceptions shall be permitted for lab schools:

390

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

391

1001.42 shall be held in abeyance. Reference to district school

392

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

393

of the university or the president's designee.

394

Section 41. Paragraph (g) of subsection (12) of section

395

1002.33, Florida Statutes, is amended to read:

396

1002.33 Charter schools.--

397

(12) EMPLOYEES OF CHARTER SCHOOLS.--

398

(g)1. A charter school shall employ or contract with

399

employees who have undergone background screening as provided in

400

s. 1012.32. Members of the governing board of the charter school

401

shall also undergo background screening in a manner similar to

402

that provided in s. 1012.32.

403

2. A charter school shall disqualify instructional

404

personnel and school administrators, as defined in s. 1012.01,

405

from employment in any position that requires direct contact with

406

students, if the personnel or administrators are ineligible for

407

such employment under s. 1012.315.

408

3. The governing board of a charter school shall adopt

409

policies establishing standards of ethical conduct for

410

instructional personnel and school administrators. The policies

411

must require all instructional personnel and school

412

administrators, as defined in s. 1012.01, to complete training on

413

the standards; establish the duty of instructional personnel and

414

school administrators to report, and procedures for reporting,

415

alleged misconduct by other instructional personnel and school

416

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

417

student; and include an explanation of the liability protections

418

provided under ss. 39.203 and 768.095. A charter school, or any

419

of its employees, may not enter into a confidentiality agreement

420

regarding terminated or dismissed instructional personnel or

421

school administrators, or personnel or administrators who resign

422

in lieu of termination, based in whole or in part on misconduct

423

that affects the health, safety, or welfare of a student, and may

424

not provide instructional personnel or school administrators with

425

employment references, or discuss the personnel's or

426

administrators' performance with prospective employers in another

427

educational setting, without disclosing the personnel's or

428

administrators' misconduct. Any part of an agreement or contract

429

that has the purpose or effect of concealing misconduct by

430

instructional personnel or school administrators which affects

431

the health, safety, or welfare of a student is void, is contrary

432

to public policy, and may not be enforced.

433

4. Before employing instructional personnel or school

434

administrators in any position that requires direct contact with

435

students, a charter school shall conduct employment history

436

checks of each of the personnel's or administrators' previous

437

employer, screen the instructional personnel or school

438

administrators through use of the educator screening tools

439

described in s. 1001.10(5), and document the findings. If unable

440

to contact a previous employer, the charter school must document

441

efforts to contact the employer.

442

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

443

with this paragraph shall terminate the charter under subsection

444

(8).

445

Section 42. Paragraph (g) is added to subsection (7) of

446

section 1002.36, Florida Statutes, to read:

447

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

448

(7) PERSONNEL SCREENING.--

449

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

450

welfare of students, the Florida School for the Deaf and the

451

Blind is considered a school district and must, except as

452

otherwise provided in this section, comply with ss. 1001.03,

453

1001.42, 1001.51, 1006.061, 1012.27, 1012.315, 1012.32, 1012.33,

454

1012.56, 1012.795, and 1012.796.

455

Section 43. Subsections (4), (5), and (6) of section

456

1002.421, Florida Statutes, are renumbered as subsections (5),

457

(6), and (7), respectively, and a new subsection (4) is added to

458

that section to read:

459

1002.421 Accountability of private schools participating in

460

state school choice scholarship programs.--

461

(4) A private school that accepts scholarship students

462

under s. 220.187 or s. 1002.39 must:

463

(a) Disqualify instructional personnel and school

464

administrators, as defined in s. 1012.01, from employment in any

465

position that requires direct contact with students, if the

466

personnel or administrators are ineligible for such employment

467

under s. 1012.315.

468

(b) Adopt policies establishing standards of ethical

469

conduct for instructional personnel and school administrators.

470

The policies must require all instructional personnel and school

471

administrators, as defined in s. 1012.01, to complete training on

472

the standards; establish the duty of instructional personnel and

473

school administrators to report, and procedures for reporting,

474

alleged misconduct by other instructional personnel and school

475

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

476

student; and include an explanation of the liability protections

477

provided under ss. 39.203 and 768.095. A private school, or any

478

of its employees, may not enter into a confidentiality agreement

479

regarding terminated or dismissed instructional personnel or

480

school administrators, or personnel or administrators who resign

481

in lieu of termination, based in whole or in part on misconduct

482

that affects the health, safety, or welfare of a student, and may

483

not provide the instructional personnel or school administrators

484

with employment references, or discuss the personnel's or

485

administrators' performance with prospective employers in another

486

educational setting, without disclosing the personnel's or

487

administrators' misconduct. Any part of an agreement or contract

488

that has the purpose or effect of concealing misconduct by

489

instructional personnel or school administrators which affects

490

the health, safety, or welfare of a student is void, is contrary

491

to public policy, and may not be enforced.

492

493

administrators in any position that requires direct contact with

494

students, conduct employment history checks of each of the

495

personnel's or administrators' previous employer, screen the

496

personnel or administrators through use of the educator screening

497

tools described in s. 1001.10(5), and document the findings. If

498

unable to contact a previous employer, the private school must

499

document efforts to contact the employer.

500

501

The department shall suspend the payment of funds under ss.

502

220.187 and 1002.39 to a private school that fails to comply with

503

this subsection, and shall prohibit the school from enrolling new

504

scholarship students, for 1 fiscal year and until the school

505

complies.

506

Section 44. Subsection (2) of section 1003.413, Florida

507

Statutes, is amended to read:

508

1003.413 Florida Secondary School Redesign Act.--

509

(2) The following guiding principles for secondary school

510

redesign shall be used in the annual preparation of each

511

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

512

1001.42(16):

513

(a) Struggling students, especially those in failing

514

schools, need the highest quality teachers and dramatically

515

different, innovative approaches to teaching and learning.

516

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

517

reading improvement.

518

519

principals with the tools they need to better serve students.

520

(d) Small learning communities allow teachers to

521

personalize instruction to better address student learning

522

styles, strengths, and weaknesses.

523

(e) Intensive intervention in reading and mathematics must

524

occur early and through innovative delivery systems.

525

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

526

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

527

act early on behalf of their child.

528

(g) Applied and integrated courses help students see the

529

relationships between subjects and relevance to their futures.

530

(h) School is more relevant when students choose courses

531

based on their goals, interests, and talents.

532

(i) Master schedules should not determine instruction and

533

must be designed based on student needs, not adult or

534

institutional needs.

535

(j) Academic and career planning engages students in

536

developing a personally meaningful course of study so they can

537

achieve goals they have set for themselves.

538

Section 45. Paragraph (b) of subsection (2) of section

539

1003.53, Florida Statutes, is amended to read:

540

1003.53 Dropout prevention and academic intervention.--

541

(2)

542

(b) Each school that establishes a dropout prevention and

543

academic intervention program at that school site shall reflect

544

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

545

1001.42(18) s. 1001.42(16).

546

Section 46. Subsections (1) and (3) of section 1004.92,

547

Florida Statutes, are amended to read:

548

1004.92 Purpose and responsibilities for career

549

education.--

550

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

551

who complete career programs to attain and sustain employment and

552

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

553

to identify issues related to career education for which school

554

boards and community college boards of trustees are accountable.

555

It is the intent of the Legislature that the standards

556

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

557

accountability standards for public schools pursuant to ss.

558

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

559

colleges pursuant to s. 1008.45.

560

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

561

shall establish a center advisory council pursuant to s.

562

1001.452. The center advisory council shall assist in the

563

preparation and evaluation of center improvement plans required

564

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

565

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

566

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

567

s. 1008.385(1).

568

Section 47. Section 1006.061, Florida Statutes, is amended

569

to read:

570

1006.061 Child abuse, abandonment, and neglect

571

policy.--Each district school board, charter school, and private

572

school that accepts scholarship students under s. 220.187 or s.

573

1002.39 shall:

574

(1) Post in a prominent place in each school a notice that,

575

pursuant to chapter 39, all employees and agents of the district

576

school board, charter school, or private school have an

577

affirmative duty to report all actual or suspected cases of child

578

abuse, abandonment, or neglect; have immunity from liability if

579

they report such cases in good faith; and have a duty to comply

580

with child protective investigations and all other provisions of

581

law relating to child abuse, abandonment, and neglect. The notice

582

shall also include the statewide toll-free telephone number of

583

the central abuse hotline.

584

(2) Post in a prominent place at each school site and on

585

each school's Internet website, if available, the policies and

586

procedures for reporting alleged misconduct by instructional

587

personnel or school administrators which affects the health,

588

safety, or welfare of a student; the contact person to whom the

589

report is made; and the penalties imposed on instructional

590

personnel or school administrators who fail to report suspected

591

or actual child abuse or alleged misconduct by other

592

instructional personnel or school administrators.

593

(3)(2) Require the principal of the charter school or

594

private school, or the district school superintendent, or the

595

superintendent's designee, at the request of the Department of

596

Children and Family Services, to act as a liaison to the

597

Department of Children and Family Services and the child

598

protection team, as defined in s. 39.01, when in a case of

599

suspected child abuse, abandonment, or neglect or an unlawful

600

sexual offense involving a child the case is referred to such a

601

team; except that this does not relieve or restrict the

602

Department of Children and Family Services from discharging its

603

duty and responsibility under the law to investigate and report

604

every suspected or actual case of child abuse, abandonment, or

605

neglect or unlawful sexual offense involving a child.

606

607

The Department of Education shall develop, and publish on the

608

department's Internet website, sample notices suitable for

609

posting in accordance with subsections (1) and (2).

610

Section 48. Subsection (4) of section 1008.33, Florida

611

Statutes, is amended to read:

612

1008.33 Authority to enforce public school improvement.--It

613

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

614

accountable for students performing at acceptable levels. A

615

system of school improvement and accountability that assesses

616

student performance by school, identifies schools in which

617

students are not making adequate progress toward state standards,

618

institutes appropriate measures for enforcing improvement, and

619

provides rewards and sanctions based on performance shall be the

620

responsibility of the State Board of Education.

621

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

622

of Education or Chief Financial Officer to withhold any transfer

623

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

624

specified in state board action, the school district has failed

625

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

626

performing schools. Withholding the transfer of funds shall occur

627

only after all other recommended actions for school improvement

628

have failed to improve performance. The State Board of Education

629

may impose the same penalty on any district school board that

630

fails to develop and implement a plan for assistance and

631

intervention for low-performing schools as specified in s.

632

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

633

Section 49. Paragraph (c) of subsection (6) of section

634

1008.345, Florida Statutes, is amended to read:

635

1008.345 Implementation of state system of school

636

improvement and education accountability.--

637

(6)

638

639

release funds from the Educational Enhancement Trust Fund to any

640

district in which a school, including schools operating for the

641

purpose of providing educational services to youth in Department

642

of Juvenile Justice programs, does not have an approved school

643

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

644

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

645

comply with school advisory council membership composition

646

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

647

technical assistance team to each school without an approved plan

648

to develop such school improvement plan or to each school without

649

appropriate school advisory council membership composition to

650

develop a strategy for corrective action. The department shall

651

release the funds upon approval of the plan or upon establishment

652

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

653

public of the department's intervention and shall identify each

654

school without a plan or without appropriate school advisory

655

council membership composition.

656

Section 50. Subsection (5) of section 1010.215, Florida

657

Statutes, is amended to read:

658

1010.215 Educational funding accountability.--

659

(5) The annual school public accountability report required

660

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

661

financial report. The purpose of the school financial report is

662

to better inform parents and the public concerning how funds were

663

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

664

school's financial report must follow a uniform, districtwide

665

format that is easy to read and understand.

666

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

667

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

668

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

669

federal funds; and private donations.

670

(b) Expenditures must be reported as the total expenditures

671

per unweighted full-time equivalent student at the school level

672

and the average expenditures per full-time equivalent student at

673

the district and state levels in each of the following categories

674

and subcategories:

675

1. Teachers, excluding substitute teachers, and education

676

paraprofessionals who provide direct classroom instruction to

677

students enrolled in programs classified by s. 1011.62 as:

678

a. Basic programs;

679

b. Students-at-risk programs;

680

c. Special programs for exceptional students;

681

d. Career education programs; and

682

e. Adult programs.

683

2. Substitute teachers.

684

3. Other instructional personnel, including school-based

685

instructional specialists and their assistants.

686

4. Contracted instructional services, including training

687

for instructional staff and other contracted instructional

688

services.

689

5. School administration, including school-based

690

administrative personnel and school-based education support

691

personnel.

692

6. The following materials, supplies, and operating capital

693

outlay:

694

a. Textbooks;

695

b. Computer hardware and software;

696

c. Other instructional materials;

697

d. Other materials and supplies; and

698

e. Library media materials.

699

7. Food services.

700

8. Other support services.

701

9. Operation and maintenance of the school plant.

702

703

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

704

operations. The total amount of these district-level expenditures

705

must be reported and expressed as total expenditures per full-

706

time equivalent student.

707

Section 51. Paragraph (b) of subsection (6) of section

708

1011.18, Florida Statutes, is amended to read:

709

1011.18 School depositories; payments into and withdrawals

710

from depositories.--

711

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

712

ADMINISTERED EMPLOYEES' FRINGE BENEFIT PROGRAMS.--

713

(b) The district school board may contract with an

714

insurance company or professional administrator who holds a valid

715

certificate of authority issued by the Office of Insurance

716

Regulation of the Financial Services Commission to provide any or

717

all services that a third-party administrator is authorized by

718

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

719

board may advance or remit money to the administrator to be

720

deposited in a designated special checking account for paying

721

claims against the district school board under its self-insurance

722

programs, and remitting premiums to the providers of insured

723

benefits on behalf of the district school board and the

724

participants in such programs, and otherwise fulfilling the

725

obligations imposed upon the administrator by law and the

726

contractual agreements between the district school board and the

727

administrator. The special checking account shall be maintained

728

in a designated district school depository. The district school

729

board may replenish such account as often as necessary upon the

730

presentation by the service organization of documentation for

731

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

732

reimbursement. Such replenishment shall be made by a warrant

733

signed by the chair of the district school board and

734

countersigned by the district school superintendent. Such

735

replenishment may be made by electronic, telephonic, or other

736

medium, and each transfer shall be confirmed in writing and

737

signed by the district school superintendent or his or her

738

designee. The provisions of strict accountability of all funds

739

and an annual audit by an independent certified public accountant

740

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

741

this subsection.

742

Section 52. Subsection (6) of section 1012.27, Florida

743

Statutes, is renumbered as subsection (7), and a new subsection

744

(6) is added to that section to read:

745

1012.27 Public school personnel; powers and duties of

746

district school superintendent.--The district school

747

superintendent is responsible for directing the work of the

748

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

749

addition the district school superintendent shall perform the

750

following:

751

(6) EMPLOYMENT HISTORY CHECKS.--Before employing

752

instructional personnel and school administrators, as defined in

753

s. 1012.01, in any position that requires direct contact with

754

students, conduct employment history checks of each of the

755

personnel's or administrators' previous employer, screen the

756

personnel or administrators through use of the educator screening

757

tools described in s. 1001.10(5), and document the findings. If

758

unable to contact a previous employer, the district school

759

superintendent shall document efforts to contact the employer.

760

Section 53. Section 1012.315, Florida Statutes, is created

761

to read:

762

1012.315 Disqualification from employment.--A person is

763

ineligible for educator certification, and instructional

764

personnel and school administrators, as defined in s. 1012.01,

765

are ineligible for employment in any position that requires

766

direct contact with students in a district school system, charter

767

school, or private school that accepts scholarship students under

768

s. 220.187 or s. 1002.39, if the person, instructional personnel,

769

or school administrators, have been convicted of any offense

770

prohibited under any of the following statutes:

771

(1) Section 393.135, relating to sexual misconduct with

772

certain developmentally disabled clients and reporting of such

773

sexual misconduct.

774

(2) Section 394.4593, relating to sexual misconduct with

775

certain mental health patients and reporting of such sexual

776

misconduct.

777

(3) Section 415.111, relating to adult abuse, neglect, or

778

exploitation of aged persons or disabled adults.

779

(4) Section 782.04, relating to murder.

780

(5) Section 782.07, relating to manslaughter, aggravated

781

manslaughter of an elderly person or disabled adult, aggravated

782

manslaughter of a child, or aggravated manslaughter of an

783

officer, a firefighter, an emergency medical technician, or a

784

paramedic.

785

(6) Section 782.09, relating to killing of an unborn quick

786

child by injury to the mother.

787

(7) Section 784.011, relating to assault, if the victim of

788

the offense was a minor.

789

(8) Section 784.021, relating to aggravated assault.

790

(9) Section 784.03, relating to battery, if the victim of

791

the offense was a minor.

792

(10) Section 784.045, relating to aggravated battery.

793

(11) Section 784.075, relating to battery on a detention or

794

commitment facility staff.

795

(12) Section 787.01, relating to kidnapping.

796

(13) Section 787.02, relating to false imprisonment.

797

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

798

child.

799

(15) Section 787.04(2), relating to leading, taking,

800

enticing, or removing a minor beyond the state limits, or

801

concealing the location of a minor, with criminal intent pending

802

custody proceedings.

803

(16) Section 787.04(3), relating to leading, taking,

804

enticing, or removing a minor beyond the state limits, or

805

concealing the location of a minor, with criminal intent pending

806

dependency proceedings or proceedings concerning alleged abuse or

807

neglect of a minor.

808

(17) Section 790.115(1), relating to exhibiting firearms or

809

weapons within 1,000 feet of a school.

810

(18) Section 790.115(2)(b), relating to possessing an

811

electric weapon or device, destructive device, or other weapon on

812

school property.

813

(19) Section 794.011, relating to sexual battery.

814

(20) Former section 794.041, relating to prohibited act of

815

familial or custodial authority.

816

(21) Section 794.05, relating to unlawful sexual activity

817

with certain minors.

818

(22) Section 794.08, relating to female genital mutilation.

819

(23) Chapter 796, relating to prostitution.

820

(24) Chapter 800, relating to lewdness and indecent

821

exposure.

822

(25) Section 806.01, relating to arson.

823

(26) Section 810.14, relating to voyeurism.

824

(27) Section 810.145, relating to video voyeurism.

825

(28) Section 812.014(6), relating to coordinating the

826

commission of theft in excess of $3,000.

827

(29) Section 812.0145, relating to theft from persons 65

828

years of age or older.

829

(30) Section 812.019, relating to dealing in stolen

830

property.

831

(31) Section 812.13, relating to robbery.

832

(32) Section 812.131, relating to robbery by sudden

833

snatching.

834

(33) Section 812.133, relating to carjacking.

835

(34) Section 812.135, relating to home-invasion robbery.

836

(35) Section 817.563, relating to fraudulent sale of

837

controlled substances, if the offense was a felony.

838

(36) Section 825.102, relating to abuse, aggravated abuse,

839

or neglect of an elderly person or disabled adult.

840

(37) Section 825.103, relating to exploitation of an

841

elderly person or disabled adult.

842

(38) Section 825.1025, relating to lewd or lascivious

843

offenses committed upon or in the presence of an elderly person

844

or disabled person.

845

(39) Section 826.04, relating to incest.

846

(40) Section 827.03, relating to child abuse, aggravated

847

child abuse, or neglect of a child.

848

(41) Section 827.04, relating to contributing to the

849

delinquency or dependency of a child.

850

(42) Section 827.071, relating to sexual performance by a

851

child.

852

(43) Section 843.01, relating to resisting arrest with

853

violence.

854

(44) Section 843.025, relating to depriving a law

855

enforcement, correctional, or correctional probation officer

856

means of protection and communication.

857

(45) Chapter 847, relating to obscenity.

858

(46) Section 874.05(1), relating to encouraging or

859

recruiting another to join a criminal gang.

860

(47) Chapter 893, relating to drug abuse prevention and

861

control, if the offense was a felony of the second degree or

862

greater severity.

863

(48) Section 916.1075, relating to sexual misconduct with

864

certain forensic clients and reporting of such sexual misconduct.

865

(49) Section 944.35(3), relating to inflicting cruel or

866

inhuman treatment on an inmate resulting in great bodily harm, if

867

the offense was a felony.

868

(50) Section 944.47, relating to introduction of contraband

869

into a correctional facility.

870

(51) Section 985.701, relating to sexual misconduct in

871

juvenile justice programs.

872

(52) Section 985.711, relating to contraband introduced

873

into detention facilities.

874

(53) Any criminal act committed in another state or under

875

federal law which, if committed in this state, constitutes an

876

offense prohibited under any statute listed in subsections (1)-

877

(52).

878

(54) Any delinquent act committed in this state or any

879

delinquent or criminal act committed in another state or under

880

federal law which, if committed in this state, qualifies an

881

individual for inclusion on the Registered Juvenile Sex Offender

882

List under s. 943.0435(1)(a)1.d.

883

Section 54. Subsections (1) and (2) and paragraph (c) of

884

subsection (3) of section 1012.32, Florida Statutes, are amended

885

to read:

886

1012.32 Qualifications of personnel.--

887

(1) To be eligible for appointment in any position in any

888

district school system, a person must shall be of good moral

889

character; must shall have attained the age of 18 years, if he or

890

she is to be employed in an instructional capacity; must not be

891

ineligible for such employment under s. 1012.315; and must shall,

892

when required by law, hold a certificate or license issued under

893

rules of the State Board of Education or the Department of

894

Children and Family Services, except when employed pursuant to s.

895

1012.55 or under the emergency provisions of s. 1012.24. Previous

896

residence in this state shall not be required in any school of

897

the state as a prerequisite for any person holding a valid

898

Florida certificate or license to serve in an instructional

899

capacity.

900

(2)(a) Instructional and noninstructional personnel who are

901

hired or contracted to fill positions that require requiring

902

direct contact with students in any district school system or

903

university lab school must shall, upon employment or engagement

904

to provide services, undergo background screening as required

905

under s. 1012.465 or s. 1012.56, whichever is applicable.

906

(b) Instructional and noninstructional personnel who are

907

hired or contracted to fill positions in any charter school and

908

members of the governing board of any charter school, in

909

compliance with s. 1002.33(12)(g), must shall, upon employment,

910

engagement of services, or appointment, undergo background

911

screening as required under s. 1012.465 or s. 1012.56, whichever

912

is applicable, by filing with the district school board for the

913

school district in which the charter school is located a complete

914

set of fingerprints taken by an authorized law enforcement agency

915

or an employee of the school or school district who is trained to

916

take fingerprints.

917

918

hired or contracted to fill positions that require requiring

919

direct contact with students in an alternative school that

920

operates under contract with a district school system must shall,

921

upon employment or engagement to provide services, undergo

922

background screening as required under s. 1012.465 or s. 1012.56,

923

whichever is applicable, by filing with the district school board

924

for the school district to which the alternative school is under

925

contract a complete set of fingerprints taken by an authorized

926

law enforcement agency or an employee of the school or school

927

district who is trained to take fingerprints.

928

(d) Student teachers, persons participating in a field

929

experience pursuant to s. 1004.04(6) or s. 1004.85, and persons

930

participating in a short-term experience as a teacher assistant

931

pursuant to s. 1004.04(10) in any district school system, lab

932

school, or charter school must shall, upon engagement to provide

933

services, undergo background screening as required under s.

934

1012.56.

935

936

Fingerprints shall be submitted to the Department of Law

937

Enforcement for state criminal records checks processing and to

938

the Federal Bureau of Investigation for national criminal records

939

checks federal processing. A person Persons subject to this

940

subsection who is found ineligible for employment under s.

941

1012.315, or otherwise found through background screening

942

fingerprint processing to have been convicted of any a crime

943

involving moral turpitude as defined by rule of the State Board

944

of Education, shall not be employed, engaged to provide services,

945

or serve in any position that requires requiring direct contact

946

with students. Probationary persons subject to this subsection

947

terminated because of their criminal record have the right to

948

appeal such decisions. The cost of the background screening may

949

be borne by the district school board, the charter school, the

950

employee, the contractor, or a person subject to this subsection.

951

(3)

952

953

Department of Law Enforcement under paragraphs (a) and (b) must

954

are required to be refingerprinted and rescreened in accordance

955

with subsection (2) must meet level 2 screening requirements as

956

described in this section upon reemployment or reengagement to

957

provide services in order to comply with the requirements of this

958

subsection.

959

Section 55. Paragraph (a) of subsection (1), paragraph (c)

960

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

961

1012.33, Florida Statutes, are amended to read:

962

1012.33 Contracts with instructional staff, supervisors,

963

and school principals.--

964

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

965

instructional staff in any district school system shall be

966

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

967

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

968

shall receive a written contract as specified in this section.

969

All such contracts, except continuing contracts as specified in

970

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

971

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

972

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

973

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

974

office, incompetency, gross insubordination, willful neglect of

975

duty, or being convicted or found guilty of, or entering a plea

976

of guilty to, regardless of adjudication of guilt, any or

977

conviction of a crime involving moral turpitude.

978

(4)

979

980

supervisory staff and any member of the instructional staff,

981

including any school principal, who is under continuing contract

982

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

983

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

984

immorality, misconduct in office, incompetency, gross

985

insubordination, willful neglect of duty, drunkenness, or being

986

convicted or found guilty of, or entering a plea of guilty to,

987

regardless of adjudication of guilt, any conviction of a crime

988

involving moral turpitude, as these terms are defined by rule of

989

the State Board of Education. Whenever such charges are made

990

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

991

district school board may suspend such person without pay; but,

992

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

993

reinstated, and his or her back salary shall be paid. In cases of

994

suspension by the district school board or by the district school

995

superintendent, the district school board shall determine upon

996

the evidence submitted whether the charges have been sustained

997

and, if the charges are sustained, shall determine either to

998

dismiss the employee or fix the terms under which he or she may

999

be reinstated. If such charges are sustained by a majority vote

1000

of the full membership of the district school board and the such

1001

employee is discharged, his or her contract of employment shall

1002

be thereby canceled. Any such decision adverse to the employee

1003

may be appealed by the employee pursuant to s. 120.68, provided

1004

the such appeal is filed within 30 days after the decision of the

1005

district school board.

1006

(6)

1007

(b) Any member of the district administrative or

1008

supervisory staff, including any principal but excluding an

1009

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

1010

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

1011

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

1012

misconduct in office, incompetency, gross insubordination,

1013

willful neglect of duty, drunkenness, or being convicted or found

1014

guilty of, or entering a plea of guilty, regardless of

1015

adjudication of guilt, conviction of any crime involving moral

1016

turpitude, as these terms are defined by rule of the State Board

1017

of Education. Whenever such charges are made against an any such

1018

employee of the district school board, the district school board

1019

may suspend the employee without pay; but, if the charges are not

1020

sustained, he or she shall be immediately reinstated, and his or

1021

her back salary shall be paid. In cases of suspension by the

1022

district school board or by the district school superintendent,

1023

the district school board shall determine upon the evidence

1024

submitted whether the charges have been sustained and, if the

1025

charges are sustained, shall determine either to dismiss the

1026

employee or fix the terms under which he or she may be

1027

reinstated. If such charges are sustained by a majority vote of

1028

the full membership of the district school board and the such

1029

employee is discharged, his or her contract of employment shall

1030

be thereby canceled. Any such decision adverse to the employee

1031

may be appealed by him or her pursuant to s. 120.68, provided

1032

such appeal is filed within 30 days after the decision of the

1033

district school board.

1034

Section 56. Subsection (4) of section 1012.34, Florida

1035

Statutes, is amended to read:

1036

1012.34 Assessment procedures and criteria.--

1037

(4) The district school superintendent shall notify the

1038

department of any instructional personnel who receive two

1039

consecutive unsatisfactory evaluations and who have been given

1040

written notice by the district that their employment is being

1041

terminated or is not being renewed or that the district school

1042

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

1043

department shall conduct an investigation to determine whether

1044

action shall be taken against the certificateholder pursuant to

1045

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

1046

Section 57. Subsections (9) and (14) of section 1012.56,

1047

Florida Statutes, are amended to read:

1048

1012.56 Educator certification requirements.--

1049

(9) BACKGROUND SCREENING REQUIRED, INITIALLY AND

1050

PERIODICALLY.--

1051

(a) Each person who seeks certification under this chapter

1052

must be fingerprinted and screened meet level 2 screening

1053

requirements as described in accordance with s. 1012.32 and must

1054

not be ineligible for such certification under s. 1012.315. A

1055

person who has been screened in accordance with s. 1012.32 unless

1056

a level 2 screening has been conducted by a district school board

1057

or the Department of Education within 12 months before the date

1058

the person initially obtains certification under this chapter,

1059

the results of which are submitted to the district school board

1060

or to the Department of Education, is not required to repeat the

1061

screening under this paragraph.

1062

(b) A person may not receive a certificate under this

1063

chapter until the person's level 2 screening under s. 1012.32 is

1064

has been completed and the results have been submitted to the

1065

Department of Education or to the district school superintendent

1066

of the school district that employs the person. Every 5 years

1067

after obtaining initial certification, each person who is

1068

required to be certified under this chapter must be rescreened

1069

meet level 2 screening requirements as described in accordance

1070

with s. 1012.32, at which time the school district shall request

1071

the Department of Law Enforcement to forward the fingerprints to

1072

the Federal Bureau of Investigation for national criminal records

1073

checks the level 2 screening. If, for any reason after obtaining

1074

initial certification, the fingerprints of a person who is

1075

required to be certified under this chapter are not retained by

1076

the Department of Law Enforcement under s. 1012.32(3)(a) and (b),

1077

the person must file a complete set of fingerprints with the

1078

district school superintendent of the employing school district.

1079

Upon submission of fingerprints for this purpose, the school

1080

district shall request the Department of Law Enforcement to

1081

forward the fingerprints to the Federal Bureau of Investigation

1082

for national criminal records checks the level 2 screening, and

1083

the fingerprints shall be retained by the Department of Law

1084

Enforcement under s. 1012.32(3)(a) and (b). The cost of the state

1085

and national federal criminal history checks check required by

1086

paragraph (a) and this paragraph level 2 screening may be borne

1087

by the district school board or the employee. Under penalty of

1088

perjury, each person who is certified under this chapter must

1089

agree to inform his or her employer within 48 hours if convicted

1090

of any disqualifying offense while he or she is employed in a

1091

position for which such certification is required.

1092

1093

employed in a position requiring certification under this chapter

1094

has does not been screened in accordance with s. 1012.32, or is

1095

ineligible for such certification under s. 1012.315 meet the

1096

level 2 screening requirements, the person's certification shall

1097

be immediately revoked or suspended and he or she shall be

1098

immediately suspended from the position requiring certification.

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 58. Subsection (1) and paragraph (a) of subsection

1107

(8) of section 1012.79, Florida Statutes, are amended 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, at least one

1111

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

1112

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

1113

unrelated to public school employees and 2 of whom shall be

1114

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

1115

enforcement officials, appointed by the State Board of Education

1116

from nominations by the Commissioner of Education and subject to

1117

Senate confirmation. Prior to making nominations, the

1118

commissioner shall consult with the teaching associations, parent

1119

organizations, law enforcement agencies, and other involved

1120

associations in the state. In making nominations, the

1121

commissioner shall attempt to achieve equal geographical

1122

representation, as closely as possible.

1123

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

1124

appointment:

1125

1. Must be certified to teach in the state.

1126

2. Must be a resident of the state.

1127

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

1128

least 5 years immediately preceding the appointment.

1129

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

1130

for appointment:

1131

1. Must have an endorsement on the educator certificate in

1132

the area of school administration or supervision.

1133

2. Must be a resident of the state.

1134

3. Must have practiced the profession as an administrator

1135

for at least 5 years immediately preceding the appointment.

1136

1137

(d) The law enforcement official members must have served

1138

in the profession for at least 5 years immediately preceding

1139

appointment and have background expertise in child safety.

1140

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

1141

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

1142

reviewing and issuing final orders upon cases presented to the

1143

commission. A case concerning a complaint against a teacher shall

1144

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

1145

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

1146

a parent or a sworn law enforcement officer and at least three of

1147

whom must shall be teachers. A case concerning a complaint

1148

against an administrator shall be reviewed and a final order

1149

thereon shall be entered by a panel composed of five commission

1150

members, at least one of whom must be a parent or a sworn law

1151

enforcement officer and at least three of whom must shall be

1152

administrators.

1153

Section 59. Subsection (1) of section 1012.795, Florida

1154

Statutes, is amended to read:

1155

1012.795 Education Practices Commission; authority to

1156

discipline.--

1157

(1) The Education Practices Commission may suspend the

1158

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

1159

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

1160

that person the right to teach or otherwise be employed by a

1161

district school board or public school in any capacity requiring

1162

direct contact with students for that period of time, after which

1163

the holder may return to teaching as provided in subsection (4);

1164

may revoke the educator certificate of any person, thereby

1165

denying that person the right to teach or otherwise be employed

1166

by a district school board or public school in any capacity

1167

requiring direct contact with students for a period of time not

1168

to exceed 10 years, with reinstatement subject to the provisions

1169

of subsection (4); may revoke permanently the educator

1170

certificate of any person thereby denying that person the right

1171

to teach or otherwise be employed by a district school board or

1172

public school in any capacity requiring direct contact with

1173

students; may suspend the educator certificate, upon order of the

1174

court, of any person found to have a delinquent child support

1175

obligation; or may impose any other penalty provided by law, if

1176

provided it can be shown that the person:

1177

(a) Obtained or attempted to obtain an educator certificate

1178

by fraudulent means.

1179

(b) Knowingly failed to report actual or suspected child

1180

abuse as required in s. 1006.061 or report alleged misconduct by

1181

instructional personnel or school administrators which affects

1182

the health, safety, or welfare of a student as required in s.

1183

1012.796.

1184

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

1185

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

1186

or to operate a private school.

1187

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

1188

involving moral turpitude as defined by rule of the State Board

1189

of Education.

1190

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

1191

revocation, suspension, or surrender in another state.

1192

(f)(e) Has been convicted or found guilty of, or entered a

1193

plea of guilty to, regardless of adjudication of guilt, a

1194

misdemeanor, felony, or any other criminal charge, other than a

1195

minor traffic violation.

1196

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

1197

personal conduct which seriously reduces that person's

1198

effectiveness as an employee of the district school board.

1199

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

1200

1012.33(2).

1201

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

1202

Education Practices Commission to suspend the certificate as a

1203

result of a delinquent child support obligation.

1204

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

1205

for the Education Profession prescribed by State Board of

1206

Education rules.

1207

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

1208

penalty for which is the revocation of the educator certificate.

1209

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

1210

Commission.

1211

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

1212

agreement in any jurisdiction which requires the

1213

certificateholder to surrender or otherwise relinquish his or her

1214

educator's certificate. A surrender or relinquishment shall be

1215

for permanent revocation of the certificate. A person may not

1216

surrender or otherwise relinquish his or her certificate prior to

1217

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

1218

1012.796.

1219

(n) Has been disqualified from educator certification under

1220

s. 1012.315.

1221

Section 60. Subsections (1), (3), and (5) of section

1222

1012.796, Florida Statutes, are amended to read:

1223

1012.796 Complaints against teachers and administrators;

1224

procedure; penalties.--

1225

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

1226

investigated expeditiously any complaint filed before it or

1227

otherwise called to its attention which, if legally sufficient,

1228

contains grounds for the revocation or suspension of a

1229

certificate or any other appropriate penalty as set forth in

1230

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

1231

contains the ultimate facts which show a violation has occurred

1232

as provided in s. 1012.795 and defined by rule of the State Board

1233

of Education. The department shall may investigate or continue to

1234

investigate and take appropriate action on a complaint even

1235

though the original complainant withdraws the complaint or

1236

otherwise indicates a desire not to cause it to be investigated

1237

or prosecuted to completion. The department may investigate or

1238

continue to investigate and take action on a complaint filed

1239

against a person whose educator certificate has expired if the

1240

act or acts that which are the basis for the complaint were

1241

allegedly committed while that person possessed an educator

1242

certificate.

1243

(b) The department shall immediately investigate any

1244

legally sufficient complaint that involves misconduct by any

1245

certificated personnel which affects the health, safety, or

1246

welfare of a student, giving the complaint priority over other

1247

pending complaints. The department must investigate or continue

1248

to investigate and take action on such a complaint filed against

1249

a person whose educator certificate has expired if the act or

1250

acts that are the basis for the complaint were allegedly

1251

committed while that person possessed an educator certificate.

1252

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

1253

shall notify the certificateholder or applicant for certification

1254

and the district school superintendent or the university

1255

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

1256

certificateholder or applicant for certification is employed or

1257

was employed at the time the alleged offense occurred. In

1258

addition, the department shall inform the certificateholder or

1259

applicant for certification of the substance of any complaint

1260

which has been filed against that certificateholder or applicant,

1261

unless the department determines that such notification would be

1262

detrimental to the investigation, in which case the department

1263

may withhold notification.

1264

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

1265

department all legally sufficient complaints within 30 days after

1266

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

1267

attention of the school district. A complaint is legally

1268

sufficient if it contains ultimate facts that show a violation

1269

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

1270

the State Board of Education. The school district shall include

1271

all information relating to the complaint which is known to the

1272

school district at the time of filing. Each district school board

1273

shall develop and adopt policies and procedures to comply with

1274

this reporting requirement. School board policies and procedures

1275

must include standards for screening, hiring, and terminating

1276

instructional personnel and school administrators, as defined in

1277

s. 1012.01; standards of ethical conduct for instructional

1278

personnel and school administrators; the duties of instructional

1279

personnel and school administrators for upholding the standards;

1280

detailed procedures for reporting alleged misconduct by

1281

instructional personnel and school administrators which affects

1282

the health, safety, or welfare of a student; requirements for the

1283

reassignment of instructional personnel or school administrators

1284

pending the outcome of a misconduct investigation; and penalties

1285

for failing to comply with s. 1001.51 or s. 1012.795. The

1286

district school board policies and procedures shall include

1287

appropriate penalties for all personnel of the district school

1288

board for nonreporting and procedures for promptly informing the

1289

district school superintendent of each legally sufficient

1290

complaint. The district school superintendent is charged with

1291

knowledge of these policies and procedures and is accountable for

1292

the training of all instructional personnel and school

1293

administrators of the school district on the standards of ethical

1294

conduct, policies, and procedures. If the district school

1295

superintendent has knowledge of a legally sufficient complaint

1296

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

1297

policies and procedures of the district school board, and fails

1298

to comply with the requirements of this subsection, in addition

1299

to other actions against certificateholders authorized by law,

1300

the district school superintendent is shall be subject to

1301

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

1302

determines that misconduct by instructional personnel or school

1303

administrators who hold an educator certificate affects the

1304

health, safety, or welfare of a student, and the misconduct

1305

warrants termination, the instructional personnel or school

1306

administrators may resign or be terminated, and the

1307

superintendent must report the misconduct to the department in

1308

the format prescribed by the department. The department shall

1309

maintain each report of misconduct as a public record in the

1310

instructional personnel's or school administrators' certification

1311

files. This paragraph does not limit or restrict the power and

1312

duty of the department to investigate complaints as provided in

1313

paragraphs (a) and (b), regardless of the school district's

1314

untimely filing, or failure to file, complaints and followup

1315

reports.

1316

(e) If allegations arise against an employee who is

1317

certified under s. 1012.56, and employed in an educator-

1318

certificated position in any school or by any provider in the

1319

state, such school or provider, or governing body thereof, shall

1320

file in writing with the department a legally sufficient

1321

complaint within 30 days after the date on which the subject

1322

matter of the complaint came to the attention of the school or

1323

provider. A complaint is legally sufficient if it contains

1324

ultimate facts that show a violation has occurred as provided in

1325

s. 1012.795 and defined by rule of the State Board of Education.

1326

The school or provider shall include all known information

1327

relating to the complaint with the filing of the complaint. This

1328

paragraph does not limit or restrict the power and duty of the

1329

department to investigate complaints, regardless of the school's

1330

or the provider's untimely filing, or failure to file, complaints

1331

and followup reports.

1332

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

1333

agencies, state attorneys, social service agencies, district

1334

school boards, and the Division of Administrative Hearings shall

1335

fully cooperate with and, upon request, shall provide unredacted

1336

documents to the Department of Education to further

1337

investigations and prosecutions conducted pursuant to this

1338

section. Any document received pursuant to this paragraph may not

1339

be redisclosed except as authorized by law.

1340

(3) The department staff shall advise the commissioner

1341

concerning the findings of the investigation. The department

1342

general counsel or members of that staff shall review the

1343

investigation and advise the commissioner concerning probable

1344

cause or lack thereof. The determination of probable cause shall

1345

be made by the commissioner. The commissioner shall provide an

1346

opportunity for a conference, if requested, prior to determining

1347

probable cause. The commissioner may enter into deferred

1348

prosecution agreements in lieu of finding probable cause if, when

1349

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

1350

interests of the department, the certificateholder, and the

1351

public. Such deferred prosecution agreements shall become

1352

effective when filed with the clerk of the Education Practices

1353

Commission. However, a deferred prosecution agreement shall not

1354

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

1355

a felony or an act of moral turpitude, as defined by rule of the

1356

State Board of Education, has occurred. Upon finding no probable

1357

cause, the commissioner shall dismiss the complaint.

1358

(5) When an allegation of misconduct by instructional

1359

personnel or school administrators, as defined in s. 1012.01, is

1360

received, if the alleged misconduct affects deemed necessary to

1361

protect the health, safety, or and welfare of a minor student,

1362

the district school superintendent in consultation with the

1363

school principal, or may, and upon the request of the

1364

Commissioner of Education, must immediately shall, temporarily

1365

suspend the instructional personnel or school administrators a

1366

certificateholder from the certificateholder's regularly assigned

1367

duties, with pay, and reassign the suspended personnel or

1368

administrators certificateholder to positions a position that do

1369

does not require direct contact with students in the district

1370

school system. Such suspension shall continue until the

1371

completion of the proceedings and the determination of sanctions,

1372

if any, pursuant to this section and s. 1012.795.

1373

Section 61. Paragraph (b) of subsection (4) of section

1374

1012.98, Florida Statutes, is amended to read:

1375

1012.98 School Community Professional Development Act.--

1376

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

1377

community colleges, and state universities share the

1378

responsibilities described in this section. These

1379

responsibilities include the following:

1380

(b) Each school district shall develop a professional

1381

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

1382

shall be developed in consultation with teachers, teacher-

1383

educators of community colleges and state universities, business

1384

and community representatives, and local education foundations,

1385

consortia, and professional organizations. The professional

1386

development system must:

1387

1. Be approved by the department. All substantial revisions

1388

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

1389

continued approval.

1390

2. Be based on analyses of student achievement data and

1391

instructional strategies and methods that support rigorous,

1392

relevant, and challenging curricula for all students. Schools and

1393

districts, in developing and refining the professional

1394

development system, shall also review and monitor school

1395

discipline data; school environment surveys; assessments of

1396

parental satisfaction; performance appraisal data of teachers,

1397

managers, and administrative personnel; and other performance

1398

indicators to identify school and student needs that can be met

1399

by improved professional performance.

1400

3. Provide inservice activities coupled with followup

1401

support appropriate to accomplish district-level and school-level

1402

improvement goals and standards. The inservice activities for

1403

instructional personnel shall focus on analysis of student

1404

achievement data, ongoing formal and informal assessments of

1405

student achievement, identification and use of enhanced and

1406

differentiated instructional strategies that emphasize rigor,

1407

relevance, and reading in the content areas, enhancement of

1408

subject content expertise, integrated use of classroom technology

1409

that enhances teaching and learning, classroom management, parent

1410

involvement, and school safety.

1411

4. Include a master plan for inservice activities, pursuant

1412

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

1413

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

1414

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

1415

district and school instructional leaders, and must use the

1416

latest available student achievement data and research to enhance

1417

rigor and relevance in the classroom. Each district inservice

1418

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

1419

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

1420

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

1421

school board annually in order to ensure compliance with

1422

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

1423

best practices to other districts. District school boards must

1424

submit verification of their approval to the Commissioner of

1425

Education no later than October 1, annually.

1426

5. Require each school principal to establish and maintain

1427

an individual professional development plan for each

1428

instructional employee assigned to the school as a seamless

1429

component to the school improvement plans developed pursuant to

1430

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

1431

development plan must:

1432

a. Be related to specific performance data for the students

1433

to whom the teacher is assigned.

1434

b. Define the inservice objectives and specific measurable

1435

improvements expected in student performance as a result of the

1436

inservice activity.

1437

c. Include an evaluation component that determines the

1438

effectiveness of the professional development plan.

1439

6. Include inservice activities for school administrative

1440

personnel that address updated skills necessary for instructional

1441

leadership and effective school management pursuant to s.

1442

1012.986.

1443

7. Provide for systematic consultation with regional and

1444

state personnel designated to provide technical assistance and

1445

evaluation of local professional development programs.

1446

8. Provide for delivery of professional development by

1447

distance learning and other technology-based delivery systems to

1448

reach more educators at lower costs.

1449

9. Provide for the continuous evaluation of the quality and

1450

effectiveness of professional development programs in order to

1451

eliminate ineffective programs and strategies and to expand

1452

effective ones. Evaluations must consider the impact of such

1453

activities on the performance of participating educators and

1454

their students' achievement and behavior.

1455

Section 62. Subsection (4) of section 1013.03, Florida

1456

Statutes, is amended to read:

1457

1013.03 Functions of the department and the Board of

1458

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

1459

pertains to educational facilities of school districts and

1460

community colleges and of the Board of Governors as it pertains

1461

to educational facilities of state universities shall include,

1462

but not be limited to, the following:

1463

(4) Require each board and other appropriate agencies to

1464

submit complete and accurate financial data as to the amounts of

1465

funds from all sources that are available and spent for

1466

construction and capital improvements. The commissioner shall

1467

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

1468

and any other educational facilities data. If any district does

1469

not submit the required educational facilities fiscal data by the

1470

prescribed date, the Commissioner of Education shall notify the

1471

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

1472

not taken to immediately submit the required report, the district

1473

school board shall be directed to proceed pursuant to s.

1474

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

1475

community college or university does not submit the required

1476

educational facilities fiscal data by the prescribed date, the

1477

same policy prescribed in this subsection for school districts

1478

shall be implemented.

1479

Section 63. The sum of $153,872 is appropriated from the

1480

Educational Certification and Services Trust Fund to the

1481

Department of Education for the 2008-2009 fiscal year, and two

1482

additional full-time equivalent positions and associated salary

1483

rate of 90,088 are authorized, for the purpose of implementing

1484

this act.

1485

1486

================ T I T L E A M E N D M E N T ================

1487

And the title is amended as follows:

1488

On line(s) 1431, after the semicolon,

1489

insert:

1490

providing a short title; amending s. 24.121, F.S.,

1491

relating to public school funding; conforming cross-

1492

references; amending s. 112.3173, F.S.; specifying certain

1493

felony offenses against a minor as additional offenses

1494

that constitute a breach of the public trust; requiring a

1495

person committing such an offense to forfeit benefits

1496

under certain public retirement systems; amending s.

1497

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

1498

paying benefits to a member who commits certain felony

1499

offenses against a minor; conforming a cross-reference;

1500

creating ss. 794.09 and 800.05, F.S.; providing notice in

1501

the criminal statutes that certain retirement benefits are

1502

subject to forfeiture for committing certain felony

1503

offenses against a minor; amending s. 1001.10, F.S.;

1504

requiring the Department of Education to assist school

1505

districts, charter schools, the Florida School for the

1506

Deaf and the Blind, and private schools that accept school

1507

choice scholarship students in developing policies,

1508

procedures, and training related to employment practices

1509

and standards of ethical conduct; requiring the department

1510

to provide authorized staff with access to certain

1511

databases for employment history verification; amending s.

1512

1001.32, F.S., relating to school administration;

1513

conforming a cross-reference; amending s. 1001.42, F.S.;

1514

requiring each district school board to adopt standards of

1515

ethical conduct and provide training for instructional

1516

personnel and school administrators; prohibiting

1517

confidentiality agreements regarding terminated or

1518

dismissed instructional personnel and school

1519

administrators which have the effect of concealing certain

1520

misconduct; prohibiting a school district from providing

1521

employment references for specified personnel and

1522

administrators except under certain circumstances;

1523

requiring a person who committed certain crimes to be

1524

disqualified from employment in certain positions in a

1525

district school system under specified conditions;

1526

providing that a district school board official who

1527

knowingly signs and transmits a false or incorrect report,

1528

or fails to adopt certain policies, forfeits his or her

1529

salary for a specified period; amending s. 1001.452, F.S.,

1530

relating to district and school advisory councils;

1531

conforming cross-references; amending s. 1001.51, F.S.;

1532

providing that a district school superintendent forfeits

1533

his or her salary for a specified period following failure

1534

to investigate and report allegations of certain

1535

misconduct by specified personnel or administrators;

1536

amending ss. 1001.54 and 1002.32, F.S., relating to duties

1537

of principals and laboratory schools; conforming cross-

1538

references; amending s. 1002.33, F.S.; requiring a person

1539

who committed certain crimes to be disqualified from

1540

employment in certain positions in a charter school under

1541

specified conditions; requiring charter schools to adopt

1542

standards of ethical conduct and provide training for all

1543

instructional personnel and school administrators;

1544

prohibiting confidentiality agreements regarding

1545

terminated or dismissed instructional personnel and school

1546

administrators which have the effect of concealing certain

1547

misconduct; prohibiting a charter school from providing

1548

employment references for specified personnel and

1549

administrators except under certain circumstances;

1550

requiring a charter school to contact the previous

1551

employer, and verify the employment history against

1552

certain databases, of persons seeking employment in

1553

certain positions; requiring a charter school's sponsor to

1554

terminate the school's charter for failing to comply with

1555

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

1556

the Florida School for the Deaf and the Blind to meet

1557

certain requirements governing the screening of personnel;

1558

amending s. 1002.421, F.S.; requiring a person who

1559

committed certain crimes to be disqualified from

1560

employment in certain positions in a private school that

1561

accepts certain scholarship students under specified

1562

conditions; requiring certain private schools to adopt

1563

standards of ethical conduct and provide training for all

1564

instructional personnel and school administrations;

1565

prohibiting confidentiality agreements regarding

1566

terminated or dismissed instructional personnel or school

1567

administrators which have the effect of concealing certain

1568

misconduct; prohibiting a private school from providing

1569

employment references for specified personnel and

1570

administrators except under certain circumstances;

1571

requiring a private school to contact the previous

1572

employer, and verify the employment history against

1573

certain databases, of persons seeking employment in

1574

certain positions; requiring the Department of Education

1575

to suspend enrollment of new students and the payment of

1576

funds to a private school failing to comply with these

1577

requirements; amending ss. 1003.413, 1003.53, and 1004.92,

1578

F.S., relating to educational instruction and programs;

1579

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

1580

requiring district school boards, charter schools, and

1581

private schools that accept certain scholarship students

1582

to post policies for reporting child abuse and misconduct

1583

by specified personnel and administrators; requiring the

1584

principal of such schools to act as a liaison in suspected

1585

cases of child abuse; requiring the Department of

1586

Education to publish sample notices; amending ss. 1008.33,

1587

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

1588

accountability procedures; conforming cross-references;

1589

amending s. 1012.27, F.S.; requiring the district school

1590

superintendent to contact the previous employer, and

1591

verify the employment history against certain databases,

1592

of persons seeking employment in certain positions;

1593

creating s. 1012.315, F.S.; specifying offenses that

1594

disqualify instructional personnel and school

1595

administrations from employment in certain positions that

1596

require direct contact with students; amending s. 1012.32,

1597

F.S.; requiring specified personnel or administrators who

1598

committed certain crimes to be disqualified from

1599

employment in certain positions in a district school

1600

system or charter school under specified conditions;

1601

amending s. 1012.33, F.S.; providing that just cause for

1602

terminating instructional staff includes immorality or

1603

commission of certain crimes; amending s. 1012.34, F.S.,

1604

relating to assessment procedures; conforming a cross-

1605

reference; amending s. 1012.56, F.S., relating to

1606

certification requirements for educators; revising

1607

requirements for conducting state and national federal

1608

criminal records checks of persons seeking certification;

1609

requiring a person who committed certain crimes to be

1610

ineligible for certification under specified conditions;

1611

providing for the Department of Education to maintain

1612

educator records in an electronic database; amending s.

1613

1012.79, F.S.; providing for additional members to be

1614

appointed to the Education Practices Commission; revising

1615

the composition of panels appointed to review complaints

1616

against teachers and administrators; amending s. 1012.795,

1617

F.S.; providing for the suspension of the educator

1618

certificate of a person who knowingly fails to report

1619

child abuse or misconduct by specified personnel or

1620

administrators; clarifying authority of the commission to

1621

discipline educators who commit certain crimes; amending

1622

s. 1012.796, F.S.; requiring the Department of Education

1623

to investigate each complaint involving misconduct by

1624

certificated personnel; clarifying what constitutes a

1625

legally sufficient complaint; providing requirements for

1626

school board policies and procedures relating to standards

1627

of ethical conduct; providing that the district school

1628

superintendent is accountable for training of

1629

instructional personnel and school administrators on the

1630

standards, policies, and procedures; requiring employers

1631

of certificated personnel to report misconduct by such

1632

personnel to the Department of Education; requiring that

1633

instructional personnel or school administrators be

1634

immediately suspended and reassigned under certain

1635

circumstances; amending ss. 1012.98 and 1013.03, F.S.,

1636

relating to the School Community Professional Development

1637

Act and functions of the Department of Education and Board

1638

of Governors; conforming cross-references; providing an

1639

appropriation and authorizing additional positions;

4/29/2008 4:11:00 PM 4-08953C-08

CODING: Words stricken are deletions; words underlined are additions.