Florida Senate - 2020                                     SB 534
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-00698A-20                                           2020534__
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 1001.10,
    3         F.S.; requiring the Department of Education to
    4         maintain a disqualification list that includes the
    5         identities of certain persons; providing requirements
    6         for the disqualification list; authorizing the
    7         department to remove a person from the
    8         disqualification list if certain conditions are met;
    9         requiring the department to adopt rules; requiring the
   10         department to provide certain staff with access to
   11         information from such disqualification list; amending
   12         s. 1001.42, F.S.; requiring district school boards to
   13         investigate certain complaints and report certain
   14         results of such investigations to the department;
   15         requiring the department to place a person who is
   16         terminated, or resigns in lieu of termination, for a
   17         certain reason on the disqualification list; requiring
   18         district school boards to adopt policies establishing
   19         standards of ethical conduct for educational support
   20         employees; requiring district school boards to
   21         disqualify educational support employees from
   22         employment in certain circumstances; requiring
   23         district school boards to report a disqualified person
   24         to the department for inclusion on the
   25         disqualification list; revising the circumstances for
   26         which a school board official shall forfeit his or her
   27         salary for 1 year; amending s. 1002.33, F.S.;
   28         prohibiting an individual who is on the
   29         disqualification list from being employed by a charter
   30         school or serving as a member of a charter school
   31         governing board; requiring a charter school to
   32         disqualify certain persons and make a report to the
   33         department for inclusion of the person on the
   34         disqualification list; requiring charter school
   35         governing boards to adopt policies establishing
   36         standards of ethical conduct for certain employees;
   37         requiring charter schools to perform a certain
   38         screening before employing a person in any position
   39         that requires direct contact with students; requiring
   40         charter schools to comply with a specified provision;
   41         assigning duties to certain charter school
   42         administrative personnel and a charter school
   43         governing board; amending s. 1002.421, F.S.; requiring
   44         certain private schools to adopt policies establishing
   45         standards of ethical conduct for certain employees;
   46         revising requirements for certain private schools
   47         relating to employment; requiring certain private
   48         schools to disqualify certain persons and make a
   49         report to the department for the inclusion of the
   50         person on the disqualification list; authorizing the
   51         Commissioner of Education to deny or revoke the
   52         authority of an owner or operator of a certain private
   53         school to establish or operate a private school under
   54         certain conditions; requiring the commissioner to
   55         include such person on the disqualification list;
   56         amending s. 1002.45, F.S.; revising virtual
   57         instruction program provider qualifications for
   58         department approval; expanding the screening
   59         requirements for employees and personnel of an
   60         approved virtual instruction program provider;
   61         requiring an approved virtual instruction program
   62         provider to disqualify certain persons and make a
   63         report to the department for inclusion of the person
   64         on the disqualification list; requiring an approved
   65         virtual instruction program provider to comply with a
   66         specified provision; requiring an approved virtual
   67         instruction program provider to inform the district
   68         school board of a certain complaint; amending s.
   69         1006.061, F.S.; requiring certain schools to include
   70         information related to certain employees in a required
   71         posting; amending s. 1012.31, F.S.; clarifying a
   72         school district reporting requirement; amending s.
   73         1012.315, F.S.; expanding ineligibility for educator
   74         certification or employment to persons who are on the
   75         disqualification list; amending s. 1012.32, F.S.;
   76         expanding requirements for screening of certain
   77         personnel of a virtual instruction program;
   78         prohibiting district school boards from requiring
   79         additional background screening of certain employees
   80         and personnel; amending s. 1012.795, F.S.; expanding
   81         the authority of the Education Practices Commission to
   82         discipline certain employees and personnel; amending
   83         s. 1012.796, F.S.; requiring the department to
   84         complete an investigation before issuing a new
   85         educator certificate to certain persons; clarifying
   86         the duty of a district school board to perform certain
   87         investigations; requiring certain entities to report
   88         certain arrests and allegations of misconduct of
   89         certain employees, personnel, and administrators to
   90         the department; requiring district school boards to
   91         adopt certain policies and procedures regarding
   92         educational support employees; requiring school
   93         superintendents to report certain misconduct of
   94         educational support employees to the department;
   95         requiring the department to include certain employees,
   96         personnel, and administrators on the disqualification
   97         list; requiring the department to maintain certain
   98         reports of misconduct; clarifying the department’s
   99         duty to investigate certificated personnel; requiring
  100         a district school superintendent to suspend and
  101         reassign educational support employees for a certain
  102         allegation of misconduct; expanding penalties that may
  103         be imposed by the commission; authorizing the
  104         commission to direct the department to include a
  105         certain person on the disqualification list for
  106         certain conduct; prohibiting persons on the
  107         disqualification list from serving or applying to
  108         serve as employees or contract personnel at certain
  109         institutions; providing criminal penalties; amending
  110         s. 1012.797, F.S.; expanding the list of entities that
  111         law enforcement agencies must notify of certain
  112         charges; requiring law enforcement agencies to notify
  113         certain institutions of certain charges against
  114         employees or contractors; providing an effective date.
  115          
  116  Be It Enacted by the Legislature of the State of Florida:
  117  
  118         Section 1. Subsections (4) and (5) of section 1001.10,
  119  Florida Statutes, are amended to read:
  120         1001.10 Commissioner of Education; general powers and
  121  duties.—
  122         (4)(a) The Department of Education shall provide technical
  123  assistance to school districts, charter schools, the Florida
  124  School for the Deaf and the Blind, and private schools that
  125  accept scholarship students who participate in a state
  126  scholarship program under chapter 1002 in the development of
  127  policies, procedures, and training related to employment
  128  practices and standards of ethical conduct for instructional
  129  personnel and school administrators, as defined in s. 1012.01.
  130         (b) The department shall maintain a disqualification list,
  131  which must include the following information:
  132         1. The identity of any person who has been permanently
  133  denied a certificate or whose educator certificate has been
  134  permanently revoked and has been placed on the list as directed
  135  by the Education Practices Commission pursuant to s. 1012.795(1)
  136  or s. 1012.796(7);
  137         2. The identity of any person who has been permanently
  138  disqualified by the commissioner as an owner or operator of a
  139  private school participating in state scholarship programs
  140  pursuant to s. 1002.421 for a reason that reflects a risk of
  141  harm to the health, safety, or welfare of a student;
  142         3. The identity of any person who has been terminated, or
  143  has resigned in lieu of termination, from employment with a
  144  district school board as a result of misconduct that affects the
  145  health, safety, or welfare of a student; and
  146         4.The identity of any person who has been disqualified
  147  from employment pursuant to s. 1012.315.
  148         (c)The department may remove a person from the
  149  disqualification list if the person demonstrates that:
  150         1.A completed law enforcement investigation resulted in an
  151  exoneration or no conviction or finding of guilt, and a
  152  completed investigation and proceeding, as applicable, by the
  153  responsible education agency resulted in no finding that the
  154  person committed disqualifying conduct; or
  155         2.The person was not the subject of the report of
  156  disqualifying conduct and was included on the disqualification
  157  list in error or as a result of mistaken identity.
  158         (d)The department shall adopt rules to implement the
  159  disqualification list.
  160         (5) The Department of Education shall provide authorized
  161  staff of school districts, charter schools, the Florida School
  162  for the Deaf and the Blind, and private schools that accept
  163  scholarship students who participate in a state scholarship
  164  program under chapter 1002 with access to electronic
  165  verification of information from the following employment
  166  screening tools:
  167         (a) The Professional Practices’ Database of Disciplinary
  168  Actions Against Educators; and
  169         (b) The Department of Education’s Teacher Certification
  170  Database; and
  171         (c)The Department of Education’s disqualification list
  172  maintained pursuant to paragraph (4)(b).
  173  
  174  This subsection does not require the department to provide these
  175  staff with unlimited access to the databases. However, the
  176  department shall provide the staff with access to the data
  177  necessary for performing employment history checks of the
  178  educational support employees, instructional personnel, and
  179  school administrators included in the databases.
  180         Section 2. Subsections (6) and (7) of section 1001.42,
  181  Florida Statutes, are amended, and paragraph (c) is added to
  182  subsection (5) of that section, to read:
  183         1001.42 Powers and duties of district school board.—The
  184  district school board, acting as a board, shall exercise all
  185  powers and perform all duties listed below:
  186         (5) PERSONNEL.—
  187         (c) Immediately investigate any legally sufficient
  188  complaint that involves misconduct by an educational support
  189  employee, instructional personnel, or administrative personnel
  190  which affects the health, safety, or welfare of a student and
  191  would result in termination. An investigation that results in
  192  termination, or the accused person’s resignation in lieu of
  193  termination, must be reported to the department, and the
  194  department shall place the person on the disqualification list
  195  maintained pursuant to s. 1001.10(4)(b).
  196         (6) STANDARDS OF ETHICAL CONDUCT FOR EDUCATIONAL SUPPORT
  197  EMPLOYEES, INSTRUCTIONAL PERSONNEL, ADMINISTRATIVE PERSONNEL,
  198  AND SCHOOL OFFICERS.—Adopt policies establishing standards of
  199  ethical conduct for educational support employees, instructional
  200  personnel, administrative personnel, and school officers. The
  201  policies must require all educational support employees,
  202  instructional personnel, administrative personnel, and school
  203  officers, as defined in s. 1012.01, to complete training on the
  204  standards; establish the duty of educational support employees,
  205  instructional personnel, administrative personnel, and school
  206  officers to report, and procedures for reporting, alleged
  207  misconduct by other educational support employees, instructional
  208  or administrative personnel, and school officers which affects
  209  the health, safety, or welfare of a student, including
  210  misconduct that involves engaging in or soliciting sexual,
  211  romantic, or lewd conduct with a student; require the district
  212  school superintendent to report to law enforcement misconduct by
  213  educational support employees, instructional personnel, or
  214  school administrators that would result in disqualification from
  215  educator certification or employment as provided in s. 1012.315;
  216  and include an explanation of the liability protections provided
  217  under ss. 39.203 and 768.095. A district school board, or any of
  218  its employees or personnel, may not enter into a confidentiality
  219  agreement regarding terminated or dismissed educational support
  220  employees, instructional or administrative personnel, or school
  221  officers who resign in lieu of termination, based in whole or in
  222  part on misconduct that affects the health, safety, or welfare
  223  of a student, and may not provide educational support employees,
  224  instructional personnel, administrative personnel, or school
  225  officers with employment references or discuss the employees’,
  226  personnel’s, or officers’ performance with prospective employers
  227  in another educational setting, without disclosing the
  228  employees’, personnel’s, or officers’ misconduct. Any part of an
  229  agreement or contract that has the purpose or effect of
  230  concealing misconduct by educational support employees,
  231  instructional personnel, administrative personnel, or school
  232  officers which affects the health, safety, or welfare of a
  233  student is void, is contrary to public policy, and may not be
  234  enforced.
  235         (7) DISQUALIFICATION FROM EMPLOYMENT.—Disqualify
  236  educational support employees, instructional personnel, and
  237  administrative personnel, as defined in s. 1012.01, from
  238  employment in any position that requires direct contact with
  239  students if the employees or personnel are ineligible for such
  240  employment under s. 1012.315, and report the disqualified
  241  employees or personnel and the disqualifying circumstances to
  242  the department for inclusion on the disqualification list
  243  maintained by the department pursuant to 1001.10(4)(b). An
  244  elected or appointed school board official forfeits his or her
  245  salary for 1 year if:
  246         (a) The school board official knowingly signs and transmits
  247  to any state official a report of alleged misconduct by
  248  educational support employees, instructional personnel, or
  249  administrative personnel which affects the health, safety, or
  250  welfare of a student and the school board official knows the
  251  report to be false or incorrect; or
  252         (b) The school board official knowingly fails to adopt
  253  policies that require:
  254         1. Educational support employees, instructional personnel,
  255  and administrative personnel to report alleged misconduct by
  256  other educational support employees, instructional personnel,
  257  and administrative personnel;
  258         2. The district school superintendent to report misconduct
  259  by educational support employees, instructional personnel, or
  260  school administrators that would result in disqualification from
  261  educator certification or employment as provided in s. 1012.315
  262  to the law enforcement agencies with jurisdiction over the
  263  conduct and the department as required by s. 1012.796; or
  264         3. The complete investigation of all reports of alleged
  265  misconduct by educational support employees, instructional
  266  personnel, and administrative personnel, if the misconduct
  267  affects the health, safety, or welfare of a student, regardless
  268  of whether the educational support employees, instructional
  269  personnel, or administrative personnel resign or are terminated
  270  before the conclusion of the investigation. The policy must
  271  require the superintendent to notify the department of the
  272  result of the investigation and whether the misconduct warranted
  273  termination, regardless of whether the person resigned or was
  274  terminated prior to the conclusion of the investigation.
  275         Section 3. Paragraph (g) of subsection (12) and paragraphs
  276  (b) and (c) of subsection (16) of section 1002.33, Florida
  277  Statutes, are amended to read:
  278         1002.33 Charter schools.—
  279         (12) EMPLOYEES OF CHARTER SCHOOLS.—
  280         (g)1. A charter school shall employ or contract with
  281  employees who have undergone background screening as provided in
  282  s. 1012.32. Members of the governing board of the charter school
  283  shall also undergo background screening in a manner similar to
  284  that provided in s. 1012.32. A person may not be employed by a
  285  charter school or serve as a member of a charter school
  286  governing board if the person is ineligible pursuant to s.
  287  1012.315 or is included on the disqualification list maintained
  288  by the department pursuant to s. 1001.10(4)(b).
  289         2. A charter school shall disqualify educational support
  290  employees, instructional personnel, and school administrators,
  291  as defined in s. 1012.01, from employment in any position that
  292  requires direct contact with students if the employees,
  293  personnel, or administrators are ineligible for such employment
  294  under s. 1012.315, and report the person and the disqualifying
  295  circumstances to the department for inclusion on the
  296  disqualification list maintained pursuant to s. 1001.10(4)(b).
  297         3. The governing board of a charter school shall adopt
  298  policies establishing standards of ethical conduct for
  299  educational support employees, instructional personnel, and
  300  school administrators. The policies must require all educational
  301  support employees, instructional personnel, and school
  302  administrators, as defined in s. 1012.01, to complete training
  303  on the standards; establish the duty of educational support
  304  employees, instructional personnel, and school administrators to
  305  report, and procedures for reporting, alleged misconduct by
  306  other educational support employees, instructional personnel,
  307  and school administrators which affects the health, safety, or
  308  welfare of a student; and include an explanation of the
  309  liability protections provided under ss. 39.203 and 768.095. A
  310  charter school, or any of its employees, may not enter into a
  311  confidentiality agreement regarding terminated or dismissed
  312  educational support employees, instructional personnel, or
  313  school administrators, or personnel or administrators who resign
  314  in lieu of termination, based in whole or in part on misconduct
  315  that affects the health, safety, or welfare of a student, and
  316  may not provide educational support employees, instructional
  317  personnel, or school administrators with employment references
  318  or discuss the employees’, personnel’s, or administrators’
  319  performance with prospective employers in another educational
  320  setting, without disclosing the employees’, personnel’s or
  321  administrators’ misconduct. Any part of an agreement or contract
  322  that has the purpose or effect of concealing misconduct by
  323  educational support employees, instructional personnel, or
  324  school administrators which affects the health, safety, or
  325  welfare of a student is void, is contrary to public policy, and
  326  may not be enforced.
  327         4. Before employing a person instructional personnel or
  328  school administrators in any position that requires direct
  329  contact with students, a charter school shall conduct employment
  330  history checks of each of the person’s personnel’s or
  331  administrators’ previous employers, screen the person
  332  instructional personnel or school administrators through use of
  333  the educator screening tools described in s. 1001.10(5), and
  334  document the findings. If unable to contact a previous employer,
  335  the charter school must document efforts to contact the
  336  employer.
  337         5. The sponsor of a charter school that knowingly fails to
  338  comply with this paragraph shall terminate the charter under
  339  subsection (8).
  340         (16) EXEMPTION FROM STATUTES.—
  341         (b) Additionally, A charter school also shall be in
  342  compliance with the following statutes:
  343         1. Section 286.011, relating to public meetings and
  344  records, public inspection, and criminal and civil penalties.
  345         2. Chapter 119, relating to public records.
  346         3. Section 1003.03, relating to the maximum class size,
  347  except that the calculation for compliance pursuant to s.
  348  1003.03 shall be the average at the school level.
  349         4. Section 1012.22(1)(c), relating to compensation and
  350  salary schedules.
  351         5. Section 1012.33(5), relating to workforce reductions.
  352         6. Section 1012.335, relating to contracts with
  353  instructional personnel hired on or after July 1, 2011.
  354         7. Section 1012.34, relating to the substantive
  355  requirements for performance evaluations for instructional
  356  personnel and school administrators.
  357         8. Section 1006.12, relating to safe-school officers.
  358         9. Section 1006.07(7), relating to threat assessment teams.
  359         10. Section 1006.07(9), relating to School Environmental
  360  Safety Incident Reporting.
  361         11. Section 1006.1493, relating to the Florida Safe Schools
  362  Assessment Tool.
  363         12. Section 1006.07(6)(c), relating to adopting an active
  364  assailant response plan.
  365         13. Section 943.082(4)(b), relating to the mobile
  366  suspicious activity reporting tool.
  367         14. Section 1012.584, relating to youth mental health
  368  awareness and assistance training.
  369         15.Section 1012.796, relating to complaints against
  370  educational support employees, teachers, and administrators.
  371         (c) For purposes of subparagraphs (b)4.-7. and 15.:
  372         1. The duties assigned to a district school superintendent
  373  apply to charter school administrative personnel, as defined in
  374  s. 1012.01(3)(a) and (b), and the charter school governing board
  375  shall designate at least one administrative person to be
  376  responsible for such duties.
  377         2. The duties assigned to a district school board apply to
  378  a charter school governing board.
  379         3. A charter school may hire instructional personnel and
  380  other employees on an at-will basis.
  381         4. Notwithstanding any provision to the contrary,
  382  instructional personnel and other employees on contract may be
  383  suspended or dismissed any time during the term of the contract
  384  without cause.
  385         Section 4. Paragraphs (n) and (o) of subsection (1) and
  386  subsection (3) of section 1002.421, Florida Statutes, are
  387  amended, and paragraph (r) of subsection (1) is added to that
  388  section, to read:
  389         1002.421 State school choice scholarship program
  390  accountability and oversight.—
  391         (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private
  392  school participating in an educational scholarship program
  393  established pursuant to this chapter must be a private school as
  394  defined in s. 1002.01(2) in this state, be registered, and be in
  395  compliance with all requirements of this section in addition to
  396  private school requirements outlined in s. 1002.42, specific
  397  requirements identified within respective scholarship program
  398  laws, and other provisions of Florida law that apply to private
  399  schools, and must:
  400         (n) Adopt policies establishing standards of ethical
  401  conduct for educational support employees, instructional
  402  personnel, and school administrators. The policies must require
  403  all educational support employees, instructional personnel, and
  404  school administrators, as defined in s. 1012.01, to complete
  405  training on the standards; establish the duty of educational
  406  support employees, instructional personnel, and school
  407  administrators to report, and procedures for reporting, alleged
  408  misconduct by other educational support employees, instructional
  409  personnel, and school administrators which affects the health,
  410  safety, or welfare of a student; and include an explanation of
  411  the liability protections provided under ss. 39.203 and 768.095.
  412  A private school, or any of its employees, may not enter into a
  413  confidentiality agreement regarding terminated or dismissed
  414  educational support employees, instructional personnel, or
  415  school administrators, or personnel or administrators who resign
  416  in lieu of termination, based in whole or in part on misconduct
  417  that affects the health, safety, or welfare of a student, and
  418  may not provide the employees, instructional personnel, or
  419  school administrators with employment references or discuss the
  420  employees’, personnel’s, or administrators’ performance with
  421  prospective employers in another educational setting, without
  422  disclosing the employees’, personnel’s, or administrators’
  423  misconduct. Any part of an agreement or contract that has the
  424  purpose or effect of concealing misconduct by educational
  425  support employees, instructional personnel, or school
  426  administrators which affects the health, safety, or welfare of a
  427  student is void, is contrary to public policy, and may not be
  428  enforced.
  429         (o) Before employing an individual instructional personnel
  430  or school administrators in any position that requires direct
  431  contact with students, conduct employment history checks of each
  432  of the personnel’s or administrators’ previous employers, screen
  433  the individual using the personnel or administrators through use
  434  of the educator screening tools described in s. 1001.10(5), and
  435  document the findings. If unable to contact a previous employer,
  436  the private school must document efforts to contact the
  437  employer. The private school must deny employment to any
  438  individual whose educator certificate is revoked, who is barred
  439  from reapplication for an educator certificate, or who is
  440  identified on the disqualification list maintained by the
  441  department pursuant to s. 1001.10(4)(b).
  442         (r)Disqualify educational support employees, instructional
  443  personnel, and school administrators from employment in any
  444  position that requires direct contact with students if the
  445  personnel or administrators are ineligible for such employment
  446  pursuant to this section or s. 1012.315, and report the person
  447  and the disqualifying circumstances to the department for
  448  inclusion on the disqualification list maintained pursuant to s.
  449  1001.10(4)(b).
  450  
  451  The department shall suspend the payment of funds to a private
  452  school that knowingly fails to comply with this subsection, and
  453  shall prohibit the school from enrolling new scholarship
  454  students, for 1 fiscal year and until the school complies. If a
  455  private school fails to meet the requirements of this subsection
  456  or has consecutive years of material exceptions listed in the
  457  report required under paragraph (q), the commissioner may
  458  determine that the private school is ineligible to participate
  459  in a scholarship program.
  460         (3) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.
  461  The Commissioner of Education:
  462         (a) Shall deny, suspend, or revoke a private school’s
  463  participation in a scholarship program if it is determined that
  464  the private school has failed to comply with this section or
  465  exhibits a previous pattern of failure to comply. However, if
  466  the noncompliance is correctable within a reasonable amount of
  467  time, not to exceed 45 days, and if the health, safety, or
  468  welfare of the students is not threatened, the commissioner may
  469  issue a notice of noncompliance which provides the private
  470  school with a timeframe within which to provide evidence of
  471  compliance before taking action to suspend or revoke the private
  472  school’s participation in the scholarship program.
  473         (b) May deny, suspend, or revoke a private school’s
  474  participation in a scholarship program if the commissioner
  475  determines that an owner or operator of the private school is
  476  operating or has operated an educational institution in this
  477  state or in another state or jurisdiction in a manner contrary
  478  to the health, safety, or welfare of the public or if the owner
  479  or operator has exhibited a previous pattern of failure to
  480  comply with this section or specific requirements identified
  481  within respective scholarship program laws. For purposes of this
  482  subsection, the term “owner or operator” has the same meaning as
  483  provided in paragraph (1)(p).
  484         (c) May permanently deny or revoke the authority of an
  485  owner or operator to establish or operate a private school
  486  participating in an educational scholarship program pursuant to
  487  this chapter if the commissioner decides that the owner or
  488  operator is operating or has operated an educational institution
  489  in this state or another state or jurisdiction in a manner
  490  contrary to the health, safety, or welfare of the public, and
  491  shall include such person on the disqualification list
  492  maintained by the department pursuant to s. 1001.10(4)(b).
  493         (d)(c)1. In making such a determination, may consider
  494  factors that include, but are not limited to, acts or omissions
  495  by an owner or operator which led to a previous denial,
  496  suspension, or revocation of participation in a state or federal
  497  education scholarship program; an owner’s or operator’s failure
  498  to reimburse the department or scholarship-funding organization
  499  for scholarship funds improperly received or retained by a
  500  school; the imposition of a prior criminal sanction related to
  501  an owner’s or operator’s management or operation of an
  502  educational institution; the imposition of a civil fine or
  503  administrative fine, license revocation or suspension, or
  504  program eligibility suspension, termination, or revocation
  505  related to an owner’s or operator’s management or operation of
  506  an educational institution; or other types of criminal
  507  proceedings in which an owner or operator was found guilty of,
  508  regardless of adjudication, or entered a plea of nolo contendere
  509  or guilty to, any offense involving fraud, deceit, dishonesty,
  510  or moral turpitude.
  511         2. The commissioner’s determination is subject to the
  512  following:
  513         a. If the commissioner intends to deny, suspend, or revoke
  514  a private school’s participation in the scholarship program, the
  515  department shall notify the private school of such proposed
  516  action in writing by certified mail and regular mail to the
  517  private school’s address of record with the department. The
  518  notification shall include the reasons for the proposed action
  519  and notice of the timelines and procedures set forth in this
  520  paragraph.
  521         b. The private school that is adversely affected by the
  522  proposed action shall have 15 days after receipt of the notice
  523  of proposed action to file with the department’s agency clerk a
  524  request for a proceeding pursuant to ss. 120.569 and 120.57. If
  525  the private school is entitled to a hearing under s. 120.57(1),
  526  the department shall forward the request to the Division of
  527  Administrative Hearings.
  528         c. Upon receipt of a request referred pursuant to this
  529  subparagraph, the director of the Division of Administrative
  530  Hearings shall expedite the hearing and assign an administrative
  531  law judge who shall commence a hearing within 30 days after the
  532  receipt of the formal written request by the division and enter
  533  a recommended order within 30 days after the hearing or within
  534  30 days after receipt of the hearing transcript, whichever is
  535  later. Each party shall be allowed 10 days in which to submit
  536  written exceptions to the recommended order. A final order shall
  537  be entered by the agency within 30 days after the entry of a
  538  recommended order. The provisions of this sub-subparagraph may
  539  be waived upon stipulation by all parties.
  540         (e)(d) May immediately suspend payment of scholarship funds
  541  if it is determined that there is probable cause to believe that
  542  there is:
  543         1. An imminent threat to the health, safety, or welfare of
  544  the students;
  545         2. A previous pattern of failure to comply with this
  546  section; or
  547         3. Fraudulent activity on the part of the private school.
  548  Notwithstanding s. 1002.22, in incidents of alleged fraudulent
  549  activity pursuant to this section, the department’s Office of
  550  Inspector General is authorized to release personally
  551  identifiable records or reports of students to the following
  552  persons or organizations:
  553         a. A court of competent jurisdiction in compliance with an
  554  order of that court or the attorney of record in accordance with
  555  a lawfully issued subpoena, consistent with the Family
  556  Educational Rights and Privacy Act, 20 U.S.C. s. 1232g.
  557         b. A person or entity authorized by a court of competent
  558  jurisdiction in compliance with an order of that court or the
  559  attorney of record pursuant to a lawfully issued subpoena,
  560  consistent with the Family Educational Rights and Privacy Act,
  561  20 U.S.C. s. 1232g.
  562         c. Any person, entity, or authority issuing a subpoena for
  563  law enforcement purposes when the court or other issuing agency
  564  has ordered that the existence or the contents of the subpoena
  565  or the information furnished in response to the subpoena not be
  566  disclosed, consistent with the Family Educational Rights and
  567  Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31.
  568  
  569  The commissioner’s order suspending payment pursuant to this
  570  paragraph may be appealed pursuant to the same procedures and
  571  timelines as the notice of proposed action set forth in
  572  subparagraph (d)2. subparagraph (c)2.
  573         Section 5. Paragraph (a) of subsection (2) of section
  574  1002.45, Florida Statutes, is amended to read:
  575         1002.45 Virtual instruction programs.—
  576         (2) PROVIDER QUALIFICATIONS.—
  577         (a) The department shall annually publish online a list of
  578  providers approved to offer virtual instruction programs. To be
  579  approved by the department, a provider must document that it:
  580         1. Is nonsectarian in its programs, admission policies,
  581  employment practices, and operations;
  582         2. Complies with the antidiscrimination provisions of s.
  583  1000.05;
  584         3. Locates an administrative office or offices in this
  585  state, requires its administrative staff to be state residents,
  586  requires all instructional staff to be Florida-certified
  587  teachers under chapter 1012, and conducts background screenings
  588  and receives arrest reports for all employees or contracted
  589  personnel, as required by s. 1012.32, using state and national
  590  criminal history records;
  591         4.Disqualifies educational support employees,
  592  instructional personnel, and administrative personnel, as
  593  defined in s. 1012.01, from employment in any position that
  594  requires direct contact with students, if the employees or
  595  personnel are ineligible for such employment under s. 1012.315,
  596  and reports the disqualified employees or personnel and the
  597  disqualifying circumstances to the department for inclusion on
  598  the disqualification list pursuant to s. 1001.10(4)(b).
  599         5.4. Provides to parents and students specific information
  600  posted and accessible online that includes, but is not limited
  601  to, the following teacher-parent and teacher-student contact
  602  information for each course:
  603         a. How to contact the instructor via phone, e-mail, or
  604  online messaging tools.
  605         b. How to contact technical support via phone, e-mail, or
  606  online messaging tools.
  607         c. How to contact the administration office via phone, e
  608  mail, or online messaging tools.
  609         d. Any requirement for regular contact with the instructor
  610  for the course and clear expectations for meeting the
  611  requirement.
  612         e. The requirement that the instructor in each course must,
  613  at a minimum, conduct one contact via phone with the parent and
  614  the student each month;
  615         6.5. Possesses prior, successful experience offering online
  616  courses to elementary, middle, or high school students as
  617  demonstrated by quantified student learning gains in each
  618  subject area and grade level provided for consideration as an
  619  instructional program option. However, for a provider without
  620  sufficient prior, successful experience offering online courses,
  621  the department may conditionally approve the provider to offer
  622  courses measured pursuant to subparagraph (8)(a)2. Conditional
  623  approval shall be valid for 1 school year only and, based on the
  624  provider’s experience in offering the courses, the department
  625  shall determine whether to grant approval to offer a virtual
  626  instruction program;
  627         7.6. Is accredited by a regional accrediting association as
  628  defined by State Board of Education rule;
  629         8.7. Ensures instructional and curricular quality through a
  630  detailed curriculum and student performance accountability plan
  631  that addresses every subject and grade level it intends to
  632  provide through contract with the school district, including:
  633         a. Courses and programs that meet the standards of the
  634  International Association for K-12 Online Learning and the
  635  Southern Regional Education Board.
  636         b. Instructional content and services that align with, and
  637  measure student attainment of, student proficiency in the Next
  638  Generation Sunshine State Standards.
  639         c. Mechanisms that determine and ensure that a student has
  640  satisfied requirements for grade level promotion and high school
  641  graduation with a standard diploma, as appropriate;
  642         9.8. Publishes for the general public, in accordance with
  643  disclosure requirements adopted in rule by the State Board of
  644  Education, as part of its application as a provider and in all
  645  contracts negotiated pursuant to this section:
  646         a. Information and data about the curriculum of each full
  647  time and part-time program.
  648         b. School policies and procedures.
  649         c. Certification status and physical location of all
  650  administrative and instructional personnel.
  651         d. Hours and times of availability of instructional
  652  personnel.
  653         e. Student-teacher ratios.
  654         f. Student completion and promotion rates.
  655         g. Student, educator, and school performance accountability
  656  outcomes;
  657         10.9. If the provider is a Florida College System
  658  institution, employs instructors who meet the certification
  659  requirements for instructional staff under chapter 1012; and
  660         11.10. Performs an annual financial audit of its accounts
  661  and records conducted by an independent certified public
  662  accountant which is in accordance with rules adopted by the
  663  Auditor General, is conducted in compliance with generally
  664  accepted auditing standards, and includes a report on financial
  665  statements presented in accordance with generally accepted
  666  accounting principles.
  667         12.Complies with s. 1012.796, relating to complaints
  668  against educational support employees, teachers, and
  669  administrators and designates at least one administrator to be
  670  responsible for the duties and requirements assigned to a
  671  district school board and superintendent pursuant to that
  672  section. A virtual instruction provider must inform the district
  673  school board of a complaint regarding misconduct or an arrest of
  674  instructional or noninstructional personnel.
  675         Section 6. Subsection (2) of section 1006.061, Florida
  676  Statutes, is amended to read:
  677         1006.061 Child abuse, abandonment, and neglect policy.—Each
  678  district school board, charter school, and private school that
  679  accepts scholarship students who participate in a state
  680  scholarship program under chapter 1002 shall:
  681         (2) Post in a prominent place at each school site and on
  682  each school’s Internet website, if available, the policies and
  683  procedures for reporting alleged misconduct by educational
  684  support employees, instructional personnel, or school
  685  administrators which affects the health, safety, or welfare of a
  686  student; the contact person to whom the report is made; and the
  687  penalties imposed on educational support employees,
  688  instructional personnel, or school administrators who fail to
  689  report suspected or actual child abuse or alleged misconduct by
  690  other educational support employees, instructional personnel, or
  691  school administrators.
  692  
  693  The Department of Education shall develop, and publish on the
  694  department’s Internet website, sample notices suitable for
  695  posting in accordance with subsections (1), (2), and (4).
  696         Section 7. Paragraph (a) of subsection (3) of section
  697  1012.31, Florida Statutes, is amended to read:
  698         1012.31 Personnel files.—Public school system employee
  699  personnel files shall be maintained according to the following
  700  provisions:
  701         (3)(a) Public school system employee personnel files are
  702  subject to the provisions of s. 119.07(1), except as follows:
  703         1. Any complaint and any material relating to the
  704  investigation of a complaint against an employee shall be
  705  confidential and exempt from the provisions of s. 119.07(1)
  706  until the conclusion of the preliminary investigation or until
  707  such time as the preliminary investigation ceases to be active.
  708  If the preliminary investigation is concluded with the finding
  709  that there is no probable cause to proceed further and with no
  710  disciplinary action taken or charges filed, a statement to that
  711  effect signed by the responsible investigating official shall be
  712  attached to the complaint, and the complaint and all such
  713  materials shall be open thereafter to inspection pursuant to s.
  714  119.07(1). If the preliminary investigation is concluded with
  715  the finding that there is probable cause to proceed further or
  716  with disciplinary action taken or charges filed, the complaint
  717  and all such materials shall be open thereafter to inspection
  718  pursuant to s. 119.07(1). If the preliminary investigation
  719  ceases to be active, the complaint and all such materials shall
  720  be open thereafter to inspection pursuant to s. 119.07(1). For
  721  the purpose of this subsection, a preliminary investigation
  722  shall be considered active as long as it is continuing with a
  723  reasonable, good faith anticipation that an administrative
  724  finding will be made in the foreseeable future. An investigation
  725  shall be presumed to be inactive if no finding relating to
  726  probable cause is made within 60 days after the complaint is
  727  made. This subparagraph does not absolve the school district of
  728  any legally required notifications, including the its duty to
  729  provide any legally sufficient complaint to the department in
  730  accordance with within 30 days after the date on which the
  731  subject matter of the complaint comes to the attention of the
  732  school district pursuant to s. 1012.796(1)(d)1. and 3.,
  733  regardless of the status of the complaint.
  734         2. An employee evaluation prepared pursuant to s. 1012.33,
  735  s. 1012.34, or s. 1012.56 or rules adopted by the State Board of
  736  Education or district school board under the authority of those
  737  sections shall be confidential and exempt from the provisions of
  738  s. 119.07(1) until the end of the school year immediately
  739  following the school year in which the evaluation was made. No
  740  evaluation prepared before July 1, 1983, shall be made public
  741  pursuant to this section.
  742         3. No material derogatory to an employee shall be open to
  743  inspection until 10 days after the employee has been notified
  744  pursuant to paragraph (2)(c).
  745         4. The payroll deduction records of an employee shall be
  746  confidential and exempt from the provisions of s. 119.07(1).
  747         5. Employee medical records, including psychiatric and
  748  psychological records, shall be confidential and exempt from the
  749  provisions of s. 119.07(1); however, at any hearing relative to
  750  the competency or performance of an employee, the administrative
  751  law judge, hearing officer, or panel shall have access to such
  752  records.
  753         Section 8. Section 1012.315, Florida Statutes, is amended
  754  to read:
  755         1012.315 Disqualification from employment.—A person is
  756  ineligible for educator certification or employment in any
  757  position that requires direct contact with students in a
  758  district school system, charter school, or private school that
  759  accepts scholarship students who participate in a state
  760  scholarship program under chapter 1002 if the person is included
  761  in the disqualification list maintained by the department
  762  pursuant to s. 1001.10(4)(b) or has been convicted of:
  763         (1) Any felony offense prohibited under any of the
  764  following statutes:
  765         (a) Section 393.135, relating to sexual misconduct with
  766  certain developmentally disabled clients and reporting of such
  767  sexual misconduct.
  768         (b) Section 394.4593, relating to sexual misconduct with
  769  certain mental health patients and reporting of such sexual
  770  misconduct.
  771         (c) Section 415.111, relating to adult abuse, neglect, or
  772  exploitation of aged persons or disabled adults.
  773         (d) Section 782.04, relating to murder.
  774         (e) Section 782.07, relating to manslaughter, aggravated
  775  manslaughter of an elderly person or disabled adult, aggravated
  776  manslaughter of a child, or aggravated manslaughter of an
  777  officer, a firefighter, an emergency medical technician, or a
  778  paramedic.
  779         (f) Section 784.021, relating to aggravated assault.
  780         (g) Section 784.045, relating to aggravated battery.
  781         (h) Section 784.075, relating to battery on a detention or
  782  commitment facility staff member or a juvenile probation
  783  officer.
  784         (i) Section 787.01, relating to kidnapping.
  785         (j) Section 787.02, relating to false imprisonment.
  786         (k) Section 787.025, relating to luring or enticing a
  787  child.
  788         (l) Section 787.04(2), relating to leading, taking,
  789  enticing, or removing a minor beyond the state limits, or
  790  concealing the location of a minor, with criminal intent pending
  791  custody proceedings.
  792         (m) Section 787.04(3), relating to leading, taking,
  793  enticing, or removing a minor beyond the state limits, or
  794  concealing the location of a minor, with criminal intent pending
  795  dependency proceedings or proceedings concerning alleged abuse
  796  or neglect of a minor.
  797         (n) Section 790.115(1), relating to exhibiting firearms or
  798  weapons at a school-sponsored event, on school property, or
  799  within 1,000 feet of a school.
  800         (o) Section 790.115(2)(b), relating to possessing an
  801  electric weapon or device, destructive device, or other weapon
  802  at a school-sponsored event or on school property.
  803         (p) Section 794.011, relating to sexual battery.
  804         (q) Former s. 794.041, relating to sexual activity with or
  805  solicitation of a child by a person in familial or custodial
  806  authority.
  807         (r) Section 794.05, relating to unlawful sexual activity
  808  with certain minors.
  809         (s) Section 794.08, relating to female genital mutilation.
  810         (t) Chapter 796, relating to prostitution.
  811         (u) Chapter 800, relating to lewdness and indecent
  812  exposure.
  813         (v) Section 800.101, relating to offenses against students
  814  by authority figures.
  815         (w) Section 806.01, relating to arson.
  816         (x) Section 810.14, relating to voyeurism.
  817         (y) Section 810.145, relating to video voyeurism.
  818         (z) Section 812.014(6), relating to coordinating the
  819  commission of theft in excess of $3,000.
  820         (aa) Section 812.0145, relating to theft from persons 65
  821  years of age or older.
  822         (bb) Section 812.019, relating to dealing in stolen
  823  property.
  824         (cc) Section 812.13, relating to robbery.
  825         (dd) Section 812.131, relating to robbery by sudden
  826  snatching.
  827         (ee) Section 812.133, relating to carjacking.
  828         (ff) Section 812.135, relating to home-invasion robbery.
  829         (gg) Section 817.563, relating to fraudulent sale of
  830  controlled substances.
  831         (hh) Section 825.102, relating to abuse, aggravated abuse,
  832  or neglect of an elderly person or disabled adult.
  833         (ii) Section 825.103, relating to exploitation of an
  834  elderly person or disabled adult.
  835         (jj) Section 825.1025, relating to lewd or lascivious
  836  offenses committed upon or in the presence of an elderly person
  837  or disabled person.
  838         (kk) Section 826.04, relating to incest.
  839         (ll) Section 827.03, relating to child abuse, aggravated
  840  child abuse, or neglect of a child.
  841         (mm) Section 827.04, relating to contributing to the
  842  delinquency or dependency of a child.
  843         (nn) Section 827.071, relating to sexual performance by a
  844  child.
  845         (oo) Section 843.01, relating to resisting arrest with
  846  violence.
  847         (pp) Chapter 847, relating to obscenity.
  848         (qq) Section 874.05, relating to causing, encouraging,
  849  soliciting, or recruiting another to join a criminal street
  850  gang.
  851         (rr) Chapter 893, relating to drug abuse prevention and
  852  control, if the offense was a felony of the second degree or
  853  greater severity.
  854         (ss) Section 916.1075, relating to sexual misconduct with
  855  certain forensic clients and reporting of such sexual
  856  misconduct.
  857         (tt) Section 944.47, relating to introduction, removal, or
  858  possession of contraband at a correctional facility.
  859         (uu) Section 985.701, relating to sexual misconduct in
  860  juvenile justice programs.
  861         (vv) Section 985.711, relating to introduction, removal, or
  862  possession of contraband at a juvenile detention facility or
  863  commitment program.
  864         (2) Any misdemeanor offense prohibited under any of the
  865  following statutes:
  866         (a) Section 784.03, relating to battery, if the victim of
  867  the offense was a minor.
  868         (b) Section 787.025, relating to luring or enticing a
  869  child.
  870         (3) Any criminal act committed in another state or under
  871  federal law which, if committed in this state, constitutes an
  872  offense prohibited under any statute listed in subsection (1) or
  873  subsection (2).
  874         (4) Any delinquent act committed in this state or any
  875  delinquent or criminal act committed in another state or under
  876  federal law which, if committed in this state, qualifies an
  877  individual for inclusion on the Registered Juvenile Sex Offender
  878  List under s. 943.0435(1)(h)1.d.
  879         Section 9. Paragraph (a) of subsection (2) and paragraph
  880  (b) of subsection (3) of section 1012.32, Florida Statutes, are
  881  amended to read:
  882         1012.32 Qualifications of personnel.—
  883         (2)(a) Instructional and noninstructional personnel who are
  884  hired or contracted to fill positions that require direct
  885  contact with students in any district school system, virtual
  886  instruction program, or university lab school must, upon
  887  employment or engagement to provide services, undergo background
  888  screening as required under s. 1012.465 or s. 1012.56, whichever
  889  is applicable. A district school board may not require employees
  890  or contractual personnel of a virtual instruction provider
  891  approved pursuant to s. 1002.45(2) to undergo additional
  892  background screening.
  893  
  894  Fingerprints shall be submitted to the Department of Law
  895  Enforcement for statewide criminal and juvenile records checks
  896  and to the Federal Bureau of Investigation for federal criminal
  897  records checks. A person subject to this subsection who is found
  898  ineligible for employment under s. 1012.315, or otherwise found
  899  through background screening to have been convicted of any crime
  900  involving moral turpitude as defined by rule of the State Board
  901  of Education, shall not be employed, engaged to provide
  902  services, or serve in any position that requires direct contact
  903  with students. Probationary persons subject to this subsection
  904  terminated because of their criminal record have the right to
  905  appeal such decisions. The cost of the background screening may
  906  be borne by the district school board, the charter school, the
  907  employee, the contractor, or a person subject to this
  908  subsection. A district school board shall reimburse a charter
  909  school the cost of background screening if it does not notify
  910  the charter school of the eligibility of a governing board
  911  member or instructional or noninstructional personnel within the
  912  earlier of 14 days after receipt of the background screening
  913  results from the Florida Department of Law Enforcement or 30
  914  days of submission of fingerprints by the governing board member
  915  or instructional or noninstructional personnel.
  916         (3)
  917         (b) The Department of Law Enforcement shall search all
  918  arrest fingerprints received under s. 943.051 against the
  919  fingerprints retained in the statewide automated biometric
  920  identification system under paragraph (a). Any arrest record
  921  that is identified with the retained fingerprints of a person
  922  subject to the background screening under this section shall be
  923  reported to the employing or contracting school district,
  924  virtual instruction provider approved pursuant to s. 1002.45(2),
  925  or the school district with which the person is affiliated. All
  926  school districts and approved virtual instruction providers are
  927  Each school district is required to participate in this search
  928  process by payment of an annual fee to the Department of Law
  929  Enforcement and by informing the Department of Law Enforcement
  930  of any change in the affiliation, employment, or contractual
  931  status or place of affiliation, employment, or contracting of
  932  its instructional and noninstructional personnel whose
  933  fingerprints are retained under paragraph (a). The Department of
  934  Law Enforcement shall adopt a rule setting the amount of the
  935  annual fee to be imposed upon each school district and approved
  936  virtual instruction provider for performing these searches and
  937  establishing the procedures for the retention of instructional
  938  and noninstructional personnel fingerprints and the
  939  dissemination of search results. The fee may be borne by the
  940  district school board, the approved virtual instruction
  941  provider, the contractor, or the person fingerprinted.
  942         Section 10. Subsection (1) of section 1012.795, Florida
  943  Statutes, is amended to read:
  944         1012.795 Education Practices Commission; authority to
  945  discipline.—
  946         (1) The Education Practices Commission may suspend the
  947  educator certificate of any instructional personnel or school
  948  administrator, as defined in s. 1012.01(2) or (3), for up to 5
  949  years, thereby denying that person the right to teach or
  950  otherwise be employed by a district school board or public
  951  school in any capacity requiring direct contact with students
  952  for that period of time, after which the person may return to
  953  teaching as provided in subsection (4); may revoke the educator
  954  certificate of any person, thereby denying that person the right
  955  to teach or otherwise be employed by a district school board or
  956  public school in any capacity requiring direct contact with
  957  students for up to 10 years, with reinstatement subject to
  958  subsection (4); may permanently revoke the educator certificate
  959  of any person thereby denying that person the right to teach or
  960  otherwise be employed by a district school board or public
  961  school in any capacity requiring direct contact with students;
  962  may suspend a person’s educator certificate, upon an order of
  963  the court or notice by the Department of Revenue relating to the
  964  payment of child support; may direct the department to place
  965  employees or contractual personnel of any public school, charter
  966  school, charter school governing board, or private school that
  967  participates in a state scholarship program under chapter 1002
  968  on the disqualification list maintained by the department
  969  pursuant to s. 1001.10(4)(b) for misconduct that would render
  970  the person ineligible pursuant to s. 1012.315; or may impose any
  971  other penalty provided by law, if the person:
  972         (a) Obtained or attempted to obtain an educator certificate
  973  by fraudulent means.
  974         (b) Knowingly failed to report actual or suspected child
  975  abuse as required in s. 1006.061 or report alleged misconduct by
  976  instructional personnel or school administrators which affects
  977  the health, safety, or welfare of a student as required in s.
  978  1012.796.
  979         (c) Has proved to be incompetent to teach or to perform
  980  duties as an employee of the public school system or to teach in
  981  or to operate a private school.
  982         (d) Has been guilty of gross immorality or an act involving
  983  moral turpitude as defined by rule of the State Board of
  984  Education, including engaging in or soliciting sexual, romantic,
  985  or lewd conduct with a student or minor.
  986         (e) Has had an educator certificate or other professional
  987  license sanctioned by this or any other state or has had the
  988  authority to practice the regulated profession revoked,
  989  suspended, or otherwise acted against, including a denial of
  990  certification or licensure, by the licensing or certifying
  991  authority of any jurisdiction, including its agencies and
  992  subdivisions. The licensing or certifying authority’s acceptance
  993  of a relinquishment, stipulation, consent order, or other
  994  settlement offered in response to or in anticipation of the
  995  filing of charges against the licensee or certificateholder
  996  shall be construed as action against the license or certificate.
  997  For purposes of this section, a sanction or action against a
  998  professional license, a certificate, or an authority to practice
  999  a regulated profession must relate to being an educator or the
 1000  fitness of or ability to be an educator.
 1001         (f) Has been convicted or found guilty of, has had
 1002  adjudication withheld for, or has pled guilty or nolo contendere
 1003  to a misdemeanor, felony, or any other criminal charge, other
 1004  than a minor traffic violation.
 1005         (g) Upon investigation, has been found guilty of personal
 1006  conduct that seriously reduces that person’s effectiveness as an
 1007  employee of the district school board.
 1008         (h) Has breached a contract, as provided in s. 1012.33(2)
 1009  or s. 1012.335.
 1010         (i) Has been the subject of a court order or notice by the
 1011  Department of Revenue pursuant to s. 409.2598 directing the
 1012  Education Practices Commission to suspend the certificate as a
 1013  result of noncompliance with a child support order, a subpoena,
 1014  an order to show cause, or a written agreement with the
 1015  Department of Revenue.
 1016         (j) Has violated the Principles of Professional Conduct for
 1017  the Education Profession prescribed by State Board of Education
 1018  rules.
 1019         (k) Has otherwise violated the provisions of law, the
 1020  penalty for which is the revocation of the educator certificate.
 1021         (l) Has violated any order of the Education Practices
 1022  Commission.
 1023         (m) Has been the subject of a court order or plea agreement
 1024  in any jurisdiction which requires the certificateholder to
 1025  surrender or otherwise relinquish his or her educator’s
 1026  certificate. A surrender or relinquishment shall be for
 1027  permanent revocation of the certificate. A person may not
 1028  surrender or otherwise relinquish his or her certificate prior
 1029  to a finding of probable cause by the commissioner as provided
 1030  in s. 1012.796.
 1031         (n) Has been disqualified from educator certification under
 1032  s. 1012.315.
 1033         (o) Has committed a third recruiting offense as determined
 1034  by the Florida High School Athletic Association (FHSAA) pursuant
 1035  to s. 1006.20(2)(b).
 1036         (p) Has violated test security as provided in s. 1008.24.
 1037         Section 11. Section 1012.796, Florida Statutes, is amended
 1038  to read:
 1039         1012.796  Complaints against educational support employees,
 1040  teachers, and administrators; procedure; penalties.—
 1041         (1)(a) The Department of Education shall cause to be
 1042  investigated expeditiously any complaint filed before it or
 1043  otherwise called to its attention which, if legally sufficient,
 1044  contains grounds for the revocation or suspension of a
 1045  certificate or any other appropriate penalty as set forth in
 1046  subsection (7). The complaint is legally sufficient if it
 1047  contains the ultimate facts that which show a violation has
 1048  occurred as provided in s. 1012.795 and defined by rule of the
 1049  State Board of Education. The department shall investigate or
 1050  continue to investigate and take appropriate action on a
 1051  complaint even though the original complainant withdraws the
 1052  complaint or otherwise indicates a desire not to cause it to be
 1053  investigated or prosecuted to completion. The department may
 1054  investigate or continue to investigate and take action on a
 1055  complaint filed against a person whose educator certificate has
 1056  expired if the act or acts that are the basis for the complaint
 1057  were allegedly committed while that person possessed an educator
 1058  certificate and may not issue a new certificate to such person
 1059  unless an investigation has been completed.
 1060         (b) The department shall immediately investigate any
 1061  legally sufficient complaint that involves misconduct by any
 1062  certificated personnel which affects the health, safety, or
 1063  welfare of a student, giving the complaint priority over other
 1064  pending complaints. The department must investigate or continue
 1065  to investigate and take action on such a complaint filed against
 1066  a person whose educator certificate has expired if the act or
 1067  acts that are the basis for the complaint were allegedly
 1068  committed while that person possessed an educator certificate.
 1069         (c) When an investigation is undertaken, the department
 1070  shall notify the certificateholder or applicant for
 1071  certification and the district school superintendent or the
 1072  university laboratory school, charter school, or private school
 1073  in which the certificateholder or applicant for certification is
 1074  employed or was employed at the time the alleged offense
 1075  occurred. In addition, the department shall inform the
 1076  certificateholder or applicant for certification of the
 1077  substance of any complaint that which has been filed against
 1078  that certificateholder or applicant, unless the department
 1079  determines that such notification would be detrimental to the
 1080  investigation, in which case the department may withhold
 1081  notification.
 1082         (d)1. Each school district shall file in writing with the
 1083  department all legally sufficient complaints within 30 days
 1084  after the date on which subject matter of the complaint comes to
 1085  the attention of the school district, regardless of whether the
 1086  subject of the complaint is still an employee of the school
 1087  district. A complaint is legally sufficient if it contains
 1088  ultimate facts that show a violation has occurred as provided in
 1089  s. 1012.795 and defined by rule of the State Board of Education.
 1090  The school district shall include all information relating to
 1091  the complaint which is known to the school district at the time
 1092  of filing.
 1093         2. A school district shall immediately notify the
 1094  department if the subject of a legally sufficient complaint of
 1095  misconduct affecting the health, safety, or welfare of a student
 1096  resigns or is terminated before the conclusion of the school
 1097  district’s investigation. Upon receipt of the notification, the
 1098  department shall place an alert on the person’s certification
 1099  file indicating that he or she resigned or was terminated before
 1100  an investigation involving allegations of misconduct affecting
 1101  the health, safety, or welfare of a student was concluded. In
 1102  such circumstances, the database may not include specific
 1103  information relating to the alleged misconduct until permitted
 1104  by subsection (4). This subparagraph does not limit or restrict
 1105  the duty of the district school board to investigate the
 1106  complaint and misconduct and report the findings and conclusion
 1107  to the department.
 1108         3.Each district school board or superintendent, charter
 1109  school governing board, approved virtual instruction provider,
 1110  and private school that participates in a state scholarship
 1111  program under chapter 1002 shall immediately report to the
 1112  Department of Education an arrest or conviction of educational
 1113  support employees, administrative or instructional personnel, or
 1114  school officials for an offense that reflects a risk of harm to
 1115  the health, safety, or welfare of a student or would render the
 1116  person ineligible pursuant to s. 1012.315, as determined by
 1117  state board rule adopted pursuant to this section. The same
 1118  reporting requirements apply to a substantiated allegation of
 1119  such misconduct by educational support employees, administrative
 1120  or instructional personnel, or school officials, regardless of
 1121  whether the accused person has been arrested or convicted in
 1122  relation to the misconduct.
 1123         4.3. Each district school board shall develop and adopt
 1124  policies and procedures to comply with this reporting
 1125  requirement. School board policies and procedures must include
 1126  standards for screening, hiring, and terminating educational
 1127  support employees, instructional personnel, and school
 1128  administrators, as defined in s. 1012.01; standards of ethical
 1129  conduct for educational support employees, instructional
 1130  personnel, and school administrators; the duties of educational
 1131  support employees, instructional personnel, and school
 1132  administrators for upholding the standards; detailed procedures
 1133  for reporting alleged misconduct by educational support
 1134  employees, instructional personnel, and school administrators
 1135  which affects the health, safety, or welfare of a student;
 1136  requirements for the reassignment of educational support
 1137  employees, instructional personnel, and or school administrators
 1138  pending the outcome of a misconduct investigation; and penalties
 1139  for failing to comply with s. 1001.51 or s. 1012.795. The
 1140  district school board policies and procedures must shall include
 1141  appropriate penalties for all personnel of the district school
 1142  board for nonreporting and procedures for promptly informing the
 1143  district school superintendent of each legally sufficient
 1144  complaint. The district school superintendent is charged with
 1145  knowledge of these policies and procedures and is accountable
 1146  for the training of all educational support employees,
 1147  instructional personnel, and school administrators of the school
 1148  district on the standards of ethical conduct, policies, and
 1149  procedures.
 1150         5.4. If the district school superintendent has knowledge of
 1151  a legally sufficient complaint and does not report the
 1152  complaint, or fails to enforce the policies and procedures of
 1153  the district school board, and fails to comply with the
 1154  requirements of this subsection, in addition to other actions
 1155  against certificateholders authorized by law, the district
 1156  school superintendent is subject to penalties as specified in s.
 1157  1001.51(12).
 1158         6.5. If the superintendent determines that misconduct by
 1159  educational support employees, instructional personnel, or
 1160  school administrators who hold an educator certificate affects
 1161  the health, safety, or welfare of a student and the misconduct
 1162  warrants termination, the educational support employees,
 1163  instructional personnel, or school administrators may resign or
 1164  be terminated, and the superintendent must report the misconduct
 1165  to the department in the format prescribed by the department.
 1166  The department shall place such educational support employees,
 1167  instructional personnel, or school administrators on the
 1168  disqualification list maintained by the department pursuant to
 1169  s. 1001.10(4)(b). The department shall maintain each report of
 1170  misconduct as a public record in the educational support
 1171  employees’, instructional personnel’s, or school administrators’
 1172  certification files. This paragraph does not limit or restrict
 1173  the power and duty of the department to investigate complaints
 1174  regarding certificated personnel, regardless of the school
 1175  district’s untimely filing, or failure to file, complaints and
 1176  followup reports. This subparagraph does not create a duty for
 1177  the department to investigate complaints regarding
 1178  noncertificated personnel.
 1179         (e) If allegations arise against an employee who is
 1180  certified under s. 1012.56 and employed in an educator
 1181  certificated position in any public school, charter school or
 1182  governing board thereof, or private school that accepts
 1183  scholarship students who participate in a state scholarship
 1184  program under chapter 1002, the school shall file in writing
 1185  with the department a legally sufficient complaint within 30
 1186  days after the date on which the subject matter of the complaint
 1187  came to the attention of the school, regardless of whether the
 1188  subject of the allegations is still an employee of the school. A
 1189  complaint is legally sufficient if it contains ultimate facts
 1190  that show a violation has occurred as provided in s. 1012.795
 1191  and defined by rule of the State Board of Education. The school
 1192  shall include all known information relating to the complaint
 1193  with the filing of the complaint. This paragraph does not limit
 1194  or restrict the power and duty of the department to investigate
 1195  complaints, regardless of the school’s untimely filing, or
 1196  failure to file, complaints and followup reports. A school
 1197  described in this paragraph shall immediately notify the
 1198  department if the subject of a legally sufficient complaint of
 1199  misconduct affecting the health, safety, or welfare of a student
 1200  resigns or is terminated before the conclusion of the school’s
 1201  investigation. Upon receipt of the notification, the department
 1202  shall place an alert on the person’s certification file
 1203  indicating that he or she resigned or was terminated before an
 1204  investigation involving allegations of misconduct affecting the
 1205  health, safety, or welfare of a student was concluded. In such
 1206  circumstances, the database may not include specific information
 1207  relating to the alleged misconduct until permitted by subsection
 1208  (4).
 1209         (f) Notwithstanding any other law, all law enforcement
 1210  agencies, state attorneys, social service agencies, district
 1211  school boards, and the Division of Administrative Hearings shall
 1212  fully cooperate with and, upon request, shall provide unredacted
 1213  documents to the Department of Education to further
 1214  investigations and prosecutions conducted pursuant to this
 1215  section. Any document received may not be redisclosed except as
 1216  authorized by law.
 1217         (2) The Commissioner of Education shall develop job
 1218  specifications for investigative personnel employed by the
 1219  department. Such specifications shall be substantially
 1220  equivalent to or greater than those job specifications of
 1221  investigative personnel employed by the Department of Business
 1222  and Professional Regulation. The department may contract with
 1223  the Department of Business and Professional Regulation for
 1224  investigations. No person who is responsible for conducting an
 1225  investigation of a teacher or administrator may prosecute the
 1226  same case. The department general counsel or members of that
 1227  staff may conduct prosecutions under this section.
 1228         (3) The department staff shall advise the commissioner
 1229  concerning the findings of the investigation and of all
 1230  referrals by the Florida High School Athletic Association
 1231  (FHSAA) pursuant to ss. 1006.20(2)(b) and 1012.795. The
 1232  department general counsel or members of that staff shall review
 1233  the investigation or the referral and advise the commissioner
 1234  concerning probable cause or lack thereof. The determination of
 1235  probable cause shall be made by the commissioner. The
 1236  commissioner shall provide an opportunity for a conference, if
 1237  requested, prior to determining probable cause. The commissioner
 1238  may enter into deferred prosecution agreements in lieu of
 1239  finding probable cause if, in his or her judgment, such
 1240  agreements are in the best interests of the department, the
 1241  certificateholder, and the public. Such deferred prosecution
 1242  agreements shall become effective when filed with the clerk of
 1243  the Education Practices Commission. However, a deferred
 1244  prosecution agreement may not be entered into if there is
 1245  probable cause to believe that a felony or an act of moral
 1246  turpitude, as defined by rule of the State Board of Education,
 1247  has occurred, or for referrals by the FHSAA. Upon finding no
 1248  probable cause, the commissioner shall dismiss the complaint and
 1249  may issue a letter of guidance to the certificateholder.
 1250         (4) The complaint and all information obtained pursuant to
 1251  the investigation by the department shall be confidential and
 1252  exempt from the provisions of s. 119.07(1) until the conclusion
 1253  of the preliminary investigation of the complaint, until such
 1254  time as the preliminary investigation ceases to be active, or
 1255  until such time as otherwise provided by s. 1012.798(6).
 1256  However, the complaint and all material assembled during the
 1257  investigation may be inspected and copied by the
 1258  certificateholder under investigation, or the
 1259  certificateholder’s designee, after the investigation is
 1260  concluded, but prior to the determination of probable cause by
 1261  the commissioner. If the preliminary investigation is concluded
 1262  with the finding that there is no probable cause to proceed, the
 1263  complaint and information shall be open thereafter to inspection
 1264  pursuant to s. 119.07(1). If the preliminary investigation is
 1265  concluded with the finding that there is probable cause to
 1266  proceed and a complaint is filed pursuant to subsection (6), the
 1267  complaint and information shall be open thereafter to inspection
 1268  pursuant to s. 119.07(1). If the preliminary investigation
 1269  ceases to be active, the complaint and all such material shall
 1270  be open thereafter to inspection pursuant to s. 119.07(1),
 1271  except as otherwise provided pursuant to s. 1012.798(6). For the
 1272  purpose of this subsection, a preliminary investigation shall be
 1273  considered active as long as it is continuing with a reasonable,
 1274  good faith anticipation that an administrative finding will be
 1275  made in the foreseeable future.
 1276         (5) When an allegation of misconduct by educational support
 1277  employees, instructional personnel, or school administrators, as
 1278  defined in s. 1012.01, is received, if the alleged misconduct
 1279  affects the health, safety, or welfare of a student, the
 1280  district school superintendent in consultation with the school
 1281  principal, or upon the request of the Commissioner of Education,
 1282  must immediately suspend the educational support employees,
 1283  instructional personnel, or school administrators from regularly
 1284  assigned duties, with pay, and reassign the suspended employees,
 1285  personnel, or administrators to positions that do not require
 1286  direct contact with students in the district school system. Such
 1287  suspension shall continue until the completion of the
 1288  proceedings and the determination of sanctions, if any, pursuant
 1289  to this section and s. 1012.795.
 1290         (6) Upon the finding of probable cause, the commissioner
 1291  shall file a formal complaint and prosecute the complaint
 1292  pursuant to the provisions of chapter 120. An administrative law
 1293  judge shall be assigned by the Division of Administrative
 1294  Hearings of the Department of Management Services to hear the
 1295  complaint if there are disputed issues of material fact. The
 1296  administrative law judge shall make recommendations in
 1297  accordance with the provisions of subsection (7) to the
 1298  appropriate Education Practices Commission panel which shall
 1299  conduct a formal review of such recommendations and other
 1300  pertinent information and issue a final order. The commission
 1301  shall consult with its legal counsel prior to issuance of a
 1302  final order.
 1303         (7) A panel of the commission shall enter a final order
 1304  either dismissing the complaint or imposing one or more of the
 1305  following penalties:
 1306         (a) Denial of an application for a certificate or for an
 1307  administrative or supervisory endorsement on a teaching
 1308  certificate. The denial may provide that the applicant may not
 1309  reapply for certification, and that the department may refuse to
 1310  consider that applicant’s application, for a specified period of
 1311  time or permanently.
 1312         (b) Revocation or suspension of a certificate.
 1313         (c) Imposition of an administrative fine not to exceed
 1314  $2,000 for each count or separate offense.
 1315         (d) Placement of the teacher, administrator, or supervisor
 1316  on probation for a period of time and subject to such conditions
 1317  as the commission may specify, including requiring the certified
 1318  teacher, administrator, or supervisor to complete additional
 1319  appropriate college courses or work with another certified
 1320  educator, with the administrative costs of monitoring the
 1321  probation assessed to the educator placed on probation. An
 1322  educator who has been placed on probation shall, at a minimum:
 1323         1. Immediately notify the investigative office in the
 1324  Department of Education upon employment or separation from
 1325  employment in any public or private position requiring a Florida
 1326  educator’s certificate.
 1327         2. Have his or her immediate supervisor submit annual
 1328  performance reports to the investigative office in the
 1329  Department of Education.
 1330         3. Pay to the commission within the first 6 months of each
 1331  probation year the administrative costs of monitoring probation
 1332  assessed to the educator.
 1333         4. Violate no law and fully comply with all district school
 1334  board policies, school rules, and State Board of Education
 1335  rules.
 1336         5. Satisfactorily perform his or her assigned duties in a
 1337  competent, professional manner.
 1338         6. Bear all costs of complying with the terms of a final
 1339  order entered by the commission.
 1340         (e) Restriction of the authorized scope of practice of the
 1341  teacher, administrator, or supervisor.
 1342         (f) Reprimand of the teacher, administrator, or supervisor
 1343  in writing, with a copy to be placed in the certification file
 1344  of such person.
 1345         (g) Imposition of an administrative sanction, upon a person
 1346  whose teaching certificate has expired, for an act or acts
 1347  committed while that person possessed a teaching certificate or
 1348  an expired certificate subject to late renewal, which sanction
 1349  bars that person from applying for a new certificate for a
 1350  period of 10 years or less, or permanently.
 1351         (h) Refer the teacher, administrator, or supervisor to the
 1352  recovery network program provided in s. 1012.798 under such
 1353  terms and conditions as the commission may specify.
 1354         (i) Direct the department to place educational support
 1355  employees, instructional personnel, or school administrators on
 1356  the disqualification list maintained by the department pursuant
 1357  to s. 1001.10(4)(b) for conduct that would render the person
 1358  ineligible pursuant to s. 1012.315.
 1359  
 1360  The penalties imposed under this subsection are in addition to,
 1361  and not in lieu of, the penalties required for a third
 1362  recruiting offense pursuant to s. 1006.20(2)(b).
 1363         (8) Violations of the provisions of a final order shall
 1364  result in an order to show cause issued by the clerk of the
 1365  Education Practices Commission if requested by the Department of
 1366  Education. Upon failure of the educator, at the time and place
 1367  stated in the order, to show cause satisfactorily to the
 1368  Education Practices Commission why a penalty for violating the
 1369  provisions of a final order should not be imposed, the Education
 1370  Practices Commission shall impose whatever penalty is
 1371  appropriate as established in s. 1012.795(6). The Department of
 1372  Education shall prosecute the individual ordered to show cause
 1373  before the Education Practices Commission. The Department of
 1374  Education and the individual may enter into a settlement
 1375  agreement, which shall be presented to the Education Practices
 1376  Commission for consideration. Any probation period will be
 1377  tolled when an order to show cause has been issued until the
 1378  issue is resolved by the Education Practices Commission;
 1379  however, the other terms and conditions of the final order shall
 1380  be in full force and effect until changed by the Education
 1381  Practices Commission.
 1382         (9) All moneys collected by, or awarded to, the commission
 1383  as fees, fines, penalties, or costs shall be deposited into the
 1384  Educational Certification and Service Trust Fund pursuant to s.
 1385  1012.59.
 1386         (10) Persons included on the disqualification list
 1387  maintained by the department pursuant to s. 1001.10(4)(b) may
 1388  not serve or apply to serve as employees or contractual
 1389  personnel at any public school or private school participating
 1390  in a state scholarship program under chapter 1002. A person who
 1391  knowingly violates this subsection, or an employer who knowingly
 1392  hires a person in violation of this subsection, commits a felony
 1393  of the third degree, punishable as provided in s. 775.082 or s.
 1394  775.083.
 1395         Section 12. Section 1012.797, Florida Statutes, is amended
 1396  to read:
 1397         1012.797 Notification by law enforcement of district school
 1398  superintendent of certain charges against or convictions of
 1399  employees.—
 1400         (1) Notwithstanding the provisions of s. 985.04(7) or any
 1401  other provision of law to the contrary, a law enforcement agency
 1402  shall, within 48 hours, notify the appropriate district school
 1403  superintendent, charter school governing board, or private
 1404  school owner or administrator, as applicable, of the name and
 1405  address of any employee or contractor of the school district,
 1406  charter school, or private school, as applicable, who is charged
 1407  with a felony or with a misdemeanor involving the abuse of a
 1408  minor child or the sale or possession of a controlled substance.
 1409  The notification shall include the specific charge for which the
 1410  employee or contractor of the school district was arrested. Such
 1411  notification shall include other education providers such as the
 1412  Florida School for the Deaf and the Blind, university lab
 1413  schools, and private elementary and secondary schools.
 1414         (2) Except to the extent necessary to protect the health,
 1415  safety, and welfare of other students, the information obtained
 1416  by the district school superintendent pursuant to this section
 1417  may be released only to appropriate school personnel or as
 1418  otherwise provided by law.
 1419         Section 13. This act shall take effect July 1, 2020.