Florida Senate - 2020                              CS for SB 534
       
       
        
       By the Committee on Education; and Senators Diaz and Baxley
       
       
       
       
       
       581-02005-20                                           2020534c1
    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 State Board of Education to adopt rules;
   10         requiring the department to provide certain staff with
   11         access to information from such disqualification list;
   12         amending s. 1001.42, F.S.; requiring district school
   13         boards to investigate certain complaints and report
   14         certain results of such investigations to the
   15         department; requiring the department to place a person
   16         who is terminated, or resigns in lieu of termination,
   17         for a certain reason on the disqualification list;
   18         requiring district school boards to adopt policies
   19         establishing standards of ethical conduct for
   20         educational support employees; requiring district
   21         school boards to disqualify educational support
   22         employees from employment in certain circumstances;
   23         requiring district school boards to report a
   24         disqualified person to the department for inclusion on
   25         the disqualification list; revising the circumstances
   26         for which a school board official shall forfeit his or
   27         her 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 State Board of Education shall adopt rules to
  159  implement the 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
  175  these 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, if the disqualifying conduct
  241  occurs subsequent to employment, report the disqualified
  242  employees or personnel and the disqualifying circumstances to
  243  the department for inclusion on the disqualification list
  244  maintained by the department pursuant to 1001.10(4)(b). An
  245  elected or appointed school board official forfeits his or her
  246  salary for 1 year if:
  247         (a) The school board official knowingly signs and transmits
  248  to any state official a report of alleged misconduct by
  249  educational support employees, instructional personnel, or
  250  administrative personnel which affects the health, safety, or
  251  welfare of a student and the school board official knows the
  252  report to be false or incorrect; or
  253         (b) The school board official knowingly fails to adopt
  254  policies that require:
  255         1. Educational support employees, instructional personnel,
  256  and administrative personnel to report alleged misconduct by
  257  other educational support employees, instructional personnel,
  258  and administrative personnel;
  259         2. The district school superintendent to report misconduct
  260  by educational support employees, instructional personnel, or
  261  school administrators that would result in disqualification from
  262  educator certification or employment as provided in s. 1012.315
  263  to the law enforcement agencies with jurisdiction over the
  264  conduct and the department as required by s. 1012.796; or
  265         3. The complete investigation of all reports of alleged
  266  misconduct by educational support employees, instructional
  267  personnel, and administrative personnel, if the misconduct
  268  affects the health, safety, or welfare of a student, regardless
  269  of whether the educational support employees, instructional
  270  personnel, or administrative personnel resign or are terminated
  271  before the conclusion of the investigation. The policy must
  272  require the superintendent to notify the department of the
  273  result of the investigation and whether the misconduct warranted
  274  termination, regardless of whether the person resigned or was
  275  terminated prior to the conclusion of the investigation.
  276         Section 3. Paragraph (g) of subsection (12) and paragraphs
  277  (b) and (c) of subsection (16) of section 1002.33, Florida
  278  Statutes, are amended to read:
  279         1002.33 Charter schools.—
  280         (12) EMPLOYEES OF CHARTER SCHOOLS.—
  281         (g)1. A charter school shall employ or contract with
  282  employees who have undergone background screening as provided in
  283  s. 1012.32. Members of the governing board of the charter school
  284  shall also undergo background screening in a manner similar to
  285  that provided in s. 1012.32. A person may not be employed by a
  286  charter school or serve as a member of a charter school
  287  governing board if the person is ineligible pursuant to s.
  288  1012.315 or is included on the disqualification list maintained
  289  by the department pursuant to s. 1001.10(4)(b).
  290         2. A charter school shall disqualify educational support
  291  employees, instructional personnel, and school administrators,
  292  as defined in s. 1012.01, from employment in any position that
  293  requires direct contact with students if the employees,
  294  personnel, or administrators are ineligible for such employment
  295  under s. 1012.315, and, if the disqualifying conduct occurs
  296  subsequent to employment, report the person and the
  297  disqualifying circumstances to the department for inclusion on
  298  the disqualification list maintained pursuant to s.
  299  1001.10(4)(b).
  300         3. The governing board of a charter school shall adopt
  301  policies establishing standards of ethical conduct for
  302  educational support employees, instructional personnel, and
  303  school administrators. The policies must require all educational
  304  support employees, instructional personnel, and school
  305  administrators, as defined in s. 1012.01, to complete training
  306  on the standards; establish the duty of educational support
  307  employees, instructional personnel, and school administrators to
  308  report, and procedures for reporting, alleged misconduct by
  309  other educational support employees, instructional personnel,
  310  and school administrators which affects the health, safety, or
  311  welfare of a student; and include an explanation of the
  312  liability protections provided under ss. 39.203 and 768.095. A
  313  charter school, or any of its employees, may not enter into a
  314  confidentiality agreement regarding terminated or dismissed
  315  educational support employees, instructional personnel, or
  316  school administrators, or personnel or administrators who resign
  317  in lieu of termination, based in whole or in part on misconduct
  318  that affects the health, safety, or welfare of a student, and
  319  may not provide educational support employees, instructional
  320  personnel, or school administrators with employment references
  321  or discuss the employees’, personnel’s, or administrators’
  322  performance with prospective employers in another educational
  323  setting, without disclosing the employees’, personnel’s or
  324  administrators’ misconduct. Any part of an agreement or contract
  325  that has the purpose or effect of concealing misconduct by
  326  educational support employees, instructional personnel, or
  327  school administrators which affects the health, safety, or
  328  welfare of a student is void, is contrary to public policy, and
  329  may not be enforced.
  330         4. Before employing a person instructional personnel or
  331  school administrators in any position that requires direct
  332  contact with students, a charter school shall conduct employment
  333  history checks of each of the person’s personnel’s or
  334  administrators’ previous employers, screen the person
  335  instructional personnel or school administrators through use of
  336  the educator screening tools described in s. 1001.10(5), and
  337  document the findings. If unable to contact a previous employer,
  338  the charter school must document efforts to contact the
  339  employer.
  340         5. The sponsor of a charter school that knowingly fails to
  341  comply with this paragraph shall terminate the charter under
  342  subsection (8).
  343         (16) EXEMPTION FROM STATUTES.—
  344         (b) Additionally, A charter school also shall be in
  345  compliance with the following statutes:
  346         1. Section 286.011, relating to public meetings and
  347  records, public inspection, and criminal and civil penalties.
  348         2. Chapter 119, relating to public records.
  349         3. Section 1003.03, relating to the maximum class size,
  350  except that the calculation for compliance pursuant to s.
  351  1003.03 shall be the average at the school level.
  352         4. Section 1012.22(1)(c), relating to compensation and
  353  salary schedules.
  354         5. Section 1012.33(5), relating to workforce reductions.
  355         6. Section 1012.335, relating to contracts with
  356  instructional personnel hired on or after July 1, 2011.
  357         7. Section 1012.34, relating to the substantive
  358  requirements for performance evaluations for instructional
  359  personnel and school administrators.
  360         8. Section 1006.12, relating to safe-school officers.
  361         9. Section 1006.07(7), relating to threat assessment teams.
  362         10. Section 1006.07(9), relating to School Environmental
  363  Safety Incident Reporting.
  364         11. Section 1006.1493, relating to the Florida Safe Schools
  365  Assessment Tool.
  366         12. Section 1006.07(6)(c), relating to adopting an active
  367  assailant response plan.
  368         13. Section 943.082(4)(b), relating to the mobile
  369  suspicious activity reporting tool.
  370         14. Section 1012.584, relating to youth mental health
  371  awareness and assistance training.
  372         15.Section 1012.796, relating to complaints against
  373  educational support employees, teachers, and administrators.
  374         (c) For purposes of subparagraphs (b)4.-7. and 15.:
  375         1. The duties assigned to a district school superintendent
  376  apply to charter school administrative personnel, as defined in
  377  s. 1012.01(3)(a) and (b), and the charter school governing board
  378  shall designate at least one administrative person to be
  379  responsible for such duties.
  380         2. The duties assigned to a district school board apply to
  381  a charter school governing board.
  382         3. A charter school may hire instructional personnel and
  383  other employees on an at-will basis.
  384         4. Notwithstanding any provision to the contrary,
  385  instructional personnel and other employees on contract may be
  386  suspended or dismissed any time during the term of the contract
  387  without cause.
  388         Section 4. Paragraphs (n) and (o) of subsection (1) and
  389  subsection (3) of section 1002.421, Florida Statutes, are
  390  amended, and paragraph (r) of subsection (1) is added to that
  391  section, to read:
  392         1002.421 State school choice scholarship program
  393  accountability and oversight.—
  394         (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private
  395  school participating in an educational scholarship program
  396  established pursuant to this chapter must be a private school as
  397  defined in s. 1002.01(2) in this state, be registered, and be in
  398  compliance with all requirements of this section in addition to
  399  private school requirements outlined in s. 1002.42, specific
  400  requirements identified within respective scholarship program
  401  laws, and other provisions of Florida law that apply to private
  402  schools, and must:
  403         (n) Adopt policies establishing standards of ethical
  404  conduct for educational support employees, instructional
  405  personnel, and school administrators. The policies must require
  406  all educational support employees, instructional personnel, and
  407  school administrators, as defined in s. 1012.01, to complete
  408  training on the standards; establish the duty of educational
  409  support employees, instructional personnel, and school
  410  administrators to report, and procedures for reporting, alleged
  411  misconduct by other educational support employees, instructional
  412  personnel, and school administrators which affects the health,
  413  safety, or welfare of a student; and include an explanation of
  414  the liability protections provided under ss. 39.203 and 768.095.
  415  A private school, or any of its employees, may not enter into a
  416  confidentiality agreement regarding terminated or dismissed
  417  educational support employees, instructional personnel, or
  418  school administrators, or personnel or administrators who resign
  419  in lieu of termination, based in whole or in part on misconduct
  420  that affects the health, safety, or welfare of a student, and
  421  may not provide the employees, instructional personnel, or
  422  school administrators with employment references or discuss the
  423  employees’, personnel’s, or administrators’ performance with
  424  prospective employers in another educational setting, without
  425  disclosing the employees’, personnel’s, or administrators’
  426  misconduct. Any part of an agreement or contract that has the
  427  purpose or effect of concealing misconduct by educational
  428  support employees, instructional personnel, or school
  429  administrators which affects the health, safety, or welfare of a
  430  student is void, is contrary to public policy, and may not be
  431  enforced.
  432         (o) Before employing an individual instructional personnel
  433  or school administrators in any position that requires direct
  434  contact with students, conduct employment history checks of each
  435  of the personnel’s or administrators’ previous employers, screen
  436  the individual using the personnel or administrators through use
  437  of the educator screening tools described in s. 1001.10(5), and
  438  document the findings. If unable to contact a previous employer,
  439  the private school must document efforts to contact the
  440  employer. The private school must deny employment to any
  441  individual whose educator certificate is revoked, who is barred
  442  from reapplication for an educator certificate, or who is
  443  identified on the disqualification list maintained by the
  444  department pursuant to s. 1001.10(4)(b).
  445         (r)Disqualify educational support employees, instructional
  446  personnel, and school administrators from employment in any
  447  position that requires direct contact with students if the
  448  personnel or administrators are ineligible for such employment
  449  pursuant to this section or s. 1012.315, and, if the
  450  disqualifying conduct occurs subsequent to employment, report
  451  the person and the disqualifying circumstances to the department
  452  for inclusion on the disqualification list maintained pursuant
  453  to s. 1001.10(4)(b).
  454  
  455  The department shall suspend the payment of funds to a private
  456  school that knowingly fails to comply with this subsection, and
  457  shall prohibit the school from enrolling new scholarship
  458  students, for 1 fiscal year and until the school complies. If a
  459  private school fails to meet the requirements of this subsection
  460  or has consecutive years of material exceptions listed in the
  461  report required under paragraph (q), the commissioner may
  462  determine that the private school is ineligible to participate
  463  in a scholarship program.
  464         (3) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.
  465  The Commissioner of Education:
  466         (a) Shall deny, suspend, or revoke a private school’s
  467  participation in a scholarship program if it is determined that
  468  the private school has failed to comply with this section or
  469  exhibits a previous pattern of failure to comply. However, if
  470  the noncompliance is correctable within a reasonable amount of
  471  time, not to exceed 45 days, and if the health, safety, or
  472  welfare of the students is not threatened, the commissioner may
  473  issue a notice of noncompliance which provides the private
  474  school with a timeframe within which to provide evidence of
  475  compliance before taking action to suspend or revoke the private
  476  school’s participation in the scholarship program.
  477         (b) May deny, suspend, or revoke a private school’s
  478  participation in a scholarship program if the commissioner
  479  determines that an owner or operator of the private school is
  480  operating or has operated an educational institution in this
  481  state or in another state or jurisdiction in a manner contrary
  482  to the health, safety, or welfare of the public or if the owner
  483  or operator has exhibited a previous pattern of failure to
  484  comply with this section or specific requirements identified
  485  within respective scholarship program laws. For purposes of this
  486  subsection, the term “owner or operator” has the same meaning as
  487  provided in paragraph (1)(p).
  488         (c) May permanently deny or revoke the authority of an
  489  owner or operator to establish or operate a private school
  490  participating in an educational scholarship program pursuant to
  491  this chapter if the commissioner decides that the owner or
  492  operator is operating or has operated an educational institution
  493  in this state or another state or jurisdiction in a manner
  494  contrary to the health, safety, or welfare of the public, and
  495  shall include such person on the disqualification list
  496  maintained by the department pursuant to s. 1001.10(4)(b).
  497         (d)(c)1. In making such a determination, may consider
  498  factors that include, but are not limited to, acts or omissions
  499  by an owner or operator which led to a previous denial,
  500  suspension, or revocation of participation in a state or federal
  501  education scholarship program; an owner’s or operator’s failure
  502  to reimburse the department or scholarship-funding organization
  503  for scholarship funds improperly received or retained by a
  504  school; the imposition of a prior criminal sanction related to
  505  an owner’s or operator’s management or operation of an
  506  educational institution; the imposition of a civil fine or
  507  administrative fine, license revocation or suspension, or
  508  program eligibility suspension, termination, or revocation
  509  related to an owner’s or operator’s management or operation of
  510  an educational institution; or other types of criminal
  511  proceedings in which an owner or operator was found guilty of,
  512  regardless of adjudication, or entered a plea of nolo contendere
  513  or guilty to, any offense involving fraud, deceit, dishonesty,
  514  or moral turpitude.
  515         2. The commissioner’s determination is subject to the
  516  following:
  517         a. If the commissioner intends to deny, suspend, or revoke
  518  a private school’s participation in the scholarship program, the
  519  department shall notify the private school of such proposed
  520  action in writing by certified mail and regular mail to the
  521  private school’s address of record with the department. The
  522  notification shall include the reasons for the proposed action
  523  and notice of the timelines and procedures set forth in this
  524  paragraph.
  525         b. The private school that is adversely affected by the
  526  proposed action shall have 15 days after receipt of the notice
  527  of proposed action to file with the department’s agency clerk a
  528  request for a proceeding pursuant to ss. 120.569 and 120.57. If
  529  the private school is entitled to a hearing under s. 120.57(1),
  530  the department shall forward the request to the Division of
  531  Administrative Hearings.
  532         c. Upon receipt of a request referred pursuant to this
  533  subparagraph, the director of the Division of Administrative
  534  Hearings shall expedite the hearing and assign an administrative
  535  law judge who shall commence a hearing within 30 days after the
  536  receipt of the formal written request by the division and enter
  537  a recommended order within 30 days after the hearing or within
  538  30 days after receipt of the hearing transcript, whichever is
  539  later. Each party shall be allowed 10 days in which to submit
  540  written exceptions to the recommended order. A final order shall
  541  be entered by the agency within 30 days after the entry of a
  542  recommended order. The provisions of this sub-subparagraph may
  543  be waived upon stipulation by all parties.
  544         (e)(d) May immediately suspend payment of scholarship funds
  545  if it is determined that there is probable cause to believe that
  546  there is:
  547         1. An imminent threat to the health, safety, or welfare of
  548  the students;
  549         2. A previous pattern of failure to comply with this
  550  section; or
  551         3. Fraudulent activity on the part of the private school.
  552  Notwithstanding s. 1002.22, in incidents of alleged fraudulent
  553  activity pursuant to this section, the department’s Office of
  554  Inspector General is authorized to release personally
  555  identifiable records or reports of students to the following
  556  persons or organizations:
  557         a. A court of competent jurisdiction in compliance with an
  558  order of that court or the attorney of record in accordance with
  559  a lawfully issued subpoena, consistent with the Family
  560  Educational Rights and Privacy Act, 20 U.S.C. s. 1232g.
  561         b. A person or entity authorized by a court of competent
  562  jurisdiction in compliance with an order of that court or the
  563  attorney of record pursuant to a lawfully issued subpoena,
  564  consistent with the Family Educational Rights and Privacy Act,
  565  20 U.S.C. s. 1232g.
  566         c. Any person, entity, or authority issuing a subpoena for
  567  law enforcement purposes when the court or other issuing agency
  568  has ordered that the existence or the contents of the subpoena
  569  or the information furnished in response to the subpoena not be
  570  disclosed, consistent with the Family Educational Rights and
  571  Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31.
  572  
  573  The commissioner’s order suspending payment pursuant to this
  574  paragraph may be appealed pursuant to the same procedures and
  575  timelines as the notice of proposed action set forth in
  576  subparagraph (d)2. subparagraph (c)2.
  577         Section 5. Paragraph (a) of subsection (2) of section
  578  1002.45, Florida Statutes, is amended to read:
  579         1002.45 Virtual instruction programs.—
  580         (2) PROVIDER QUALIFICATIONS.—
  581         (a) The department shall annually publish online a list of
  582  providers approved to offer virtual instruction programs. To be
  583  approved by the department, a provider must document that it:
  584         1. Is nonsectarian in its programs, admission policies,
  585  employment practices, and operations;
  586         2. Complies with the antidiscrimination provisions of s.
  587  1000.05;
  588         3. Locates an administrative office or offices in this
  589  state, requires its administrative staff to be state residents,
  590  requires all instructional staff to be Florida-certified
  591  teachers under chapter 1012, and conducts background screenings
  592  and receives arrest reports for all employees or contracted
  593  personnel, as required by s. 1012.32, using state and national
  594  criminal history records, and designates at least one
  595  administrator to be responsible for the duties and requirements
  596  related to background screening assigned to a district school
  597  board and superintendent under ss. 1012.465 and 1012.56(10);
  598         4.Disqualifies educational support employees,
  599  instructional personnel, and administrative personnel, as
  600  defined in s. 1012.01, from employment in any position that
  601  requires direct contact with students, if the employees or
  602  personnel are ineligible for such employment under s. 1012.315,
  603  and, if the disqualifying conduct occurs subsequent to
  604  employment, reports the disqualified employees or personnel and
  605  the disqualifying circumstances to the department for inclusion
  606  on the disqualification list maintained by the department
  607  pursuant to s. 1001.10(4)(b).
  608         5.4. Provides to parents and students specific information
  609  posted and accessible online that includes, but is not limited
  610  to, the following teacher-parent and teacher-student contact
  611  information for each course:
  612         a. How to contact the instructor via phone, e-mail, or
  613  online messaging tools.
  614         b. How to contact technical support via phone, e-mail, or
  615  online messaging tools.
  616         c. How to contact the administration office via phone, e
  617  mail, or online messaging tools.
  618         d. Any requirement for regular contact with the instructor
  619  for the course and clear expectations for meeting the
  620  requirement.
  621         e. The requirement that the instructor in each course must,
  622  at a minimum, conduct one contact via phone with the parent and
  623  the student each month;
  624         6.5. Possesses prior, successful experience offering online
  625  courses to elementary, middle, or high school students as
  626  demonstrated by quantified student learning gains in each
  627  subject area and grade level provided for consideration as an
  628  instructional program option. However, for a provider without
  629  sufficient prior, successful experience offering online courses,
  630  the department may conditionally approve the provider to offer
  631  courses measured pursuant to subparagraph (8)(a)2. Conditional
  632  approval shall be valid for 1 school year only and, based on the
  633  provider’s experience in offering the courses, the department
  634  shall determine whether to grant approval to offer a virtual
  635  instruction program;
  636         7.6. Is accredited by a regional accrediting association as
  637  defined by State Board of Education rule;
  638         8.7. Ensures instructional and curricular quality through a
  639  detailed curriculum and student performance accountability plan
  640  that addresses every subject and grade level it intends to
  641  provide through contract with the school district, including:
  642         a. Courses and programs that meet the standards of the
  643  International Association for K-12 Online Learning and the
  644  Southern Regional Education Board.
  645         b. Instructional content and services that align with, and
  646  measure student attainment of, student proficiency in the Next
  647  Generation Sunshine State Standards.
  648         c. Mechanisms that determine and ensure that a student has
  649  satisfied requirements for grade level promotion and high school
  650  graduation with a standard diploma, as appropriate;
  651         9.8. Publishes for the general public, in accordance with
  652  disclosure requirements adopted in rule by the State Board of
  653  Education, as part of its application as a provider and in all
  654  contracts negotiated pursuant to this section:
  655         a. Information and data about the curriculum of each full
  656  time and part-time program.
  657         b. School policies and procedures.
  658         c. Certification status and physical location of all
  659  administrative and instructional personnel.
  660         d. Hours and times of availability of instructional
  661  personnel.
  662         e. Student-teacher ratios.
  663         f. Student completion and promotion rates.
  664         g. Student, educator, and school performance accountability
  665  outcomes;
  666         10.9. If the provider is a Florida College System
  667  institution, employs instructors who meet the certification
  668  requirements for instructional staff under chapter 1012; and
  669         11.10. Performs an annual financial audit of its accounts
  670  and records conducted by an independent certified public
  671  accountant which is in accordance with rules adopted by the
  672  Auditor General, is conducted in compliance with generally
  673  accepted auditing standards, and includes a report on financial
  674  statements presented in accordance with generally accepted
  675  accounting principles.
  676         12.Complies with s. 1012.796, relating to complaints
  677  against educational support employees, teachers, and
  678  administrators and designates at least one administrator to be
  679  responsible for the duties and requirements assigned to a
  680  district school board and superintendent pursuant to that
  681  section. A virtual instruction provider must inform the district
  682  school board of a complaint regarding misconduct or an arrest of
  683  instructional or noninstructional personnel.
  684         Section 6. Subsection (2) of section 1006.061, Florida
  685  Statutes, is amended to read:
  686         1006.061 Child abuse, abandonment, and neglect policy.—Each
  687  district school board, charter school, and private school that
  688  accepts scholarship students who participate in a state
  689  scholarship program under chapter 1002 shall:
  690         (2) Post in a prominent place at each school site and on
  691  each school’s Internet website, if available, the policies and
  692  procedures for reporting alleged misconduct by educational
  693  support employees, instructional personnel, or school
  694  administrators which affects the health, safety, or welfare of a
  695  student; the contact person to whom the report is made; and the
  696  penalties imposed on educational support employees,
  697  instructional personnel, or school administrators who fail to
  698  report suspected or actual child abuse or alleged misconduct by
  699  other educational support employees, instructional personnel, or
  700  school administrators.
  701  
  702  The Department of Education shall develop, and publish on the
  703  department’s Internet website, sample notices suitable for
  704  posting in accordance with subsections (1), (2), and (4).
  705         Section 7. Paragraph (a) of subsection (3) of section
  706  1012.31, Florida Statutes, is amended to read:
  707         1012.31 Personnel files.—Public school system employee
  708  personnel files shall be maintained according to the following
  709  provisions:
  710         (3)(a) Public school system employee personnel files are
  711  subject to the provisions of s. 119.07(1), except as follows:
  712         1. Any complaint and any material relating to the
  713  investigation of a complaint against an employee shall be
  714  confidential and exempt from the provisions of s. 119.07(1)
  715  until the conclusion of the preliminary investigation or until
  716  such time as the preliminary investigation ceases to be active.
  717  If the preliminary investigation is concluded with the finding
  718  that there is no probable cause to proceed further and with no
  719  disciplinary action taken or charges filed, a statement to that
  720  effect signed by the responsible investigating official shall be
  721  attached to the complaint, and the complaint and all such
  722  materials shall be open thereafter to inspection pursuant to s.
  723  119.07(1). If the preliminary investigation is concluded with
  724  the finding that there is probable cause to proceed further or
  725  with disciplinary action taken or charges filed, the complaint
  726  and all such materials shall be open thereafter to inspection
  727  pursuant to s. 119.07(1). If the preliminary investigation
  728  ceases to be active, the complaint and all such materials shall
  729  be open thereafter to inspection pursuant to s. 119.07(1). For
  730  the purpose of this subsection, a preliminary investigation
  731  shall be considered active as long as it is continuing with a
  732  reasonable, good faith anticipation that an administrative
  733  finding will be made in the foreseeable future. An investigation
  734  shall be presumed to be inactive if no finding relating to
  735  probable cause is made within 60 days after the complaint is
  736  made. This subparagraph does not absolve the school district of
  737  any legally required notifications, including the its duty to
  738  provide any legally sufficient complaint to the department in
  739  accordance with within 30 days after the date on which the
  740  subject matter of the complaint comes to the attention of the
  741  school district pursuant to s. 1012.796(1)(d)1. and 3.,
  742  regardless of the status of the complaint.
  743         2. An employee evaluation prepared pursuant to s. 1012.33,
  744  s. 1012.34, or s. 1012.56 or rules adopted by the State Board of
  745  Education or district school board under the authority of those
  746  sections shall be confidential and exempt from the provisions of
  747  s. 119.07(1) until the end of the school year immediately
  748  following the school year in which the evaluation was made. No
  749  evaluation prepared before July 1, 1983, shall be made public
  750  pursuant to this section.
  751         3. No material derogatory to an employee shall be open to
  752  inspection until 10 days after the employee has been notified
  753  pursuant to paragraph (2)(c).
  754         4. The payroll deduction records of an employee shall be
  755  confidential and exempt from the provisions of s. 119.07(1).
  756         5. Employee medical records, including psychiatric and
  757  psychological records, shall be confidential and exempt from the
  758  provisions of s. 119.07(1); however, at any hearing relative to
  759  the competency or performance of an employee, the administrative
  760  law judge, hearing officer, or panel shall have access to such
  761  records.
  762         Section 8. Section 1012.315, Florida Statutes, is amended
  763  to read:
  764         1012.315 Disqualification from employment.—A person is
  765  ineligible for educator certification or employment in any
  766  position that requires direct contact with students in a
  767  district school system, charter school, or private school that
  768  accepts scholarship students who participate in a state
  769  scholarship program under chapter 1002 if the person is included
  770  in the disqualification list maintained by the department
  771  pursuant to s. 1001.10(4)(b) or has been convicted of:
  772         (1) Any felony offense prohibited under any of the
  773  following statutes:
  774         (a) Section 393.135, relating to sexual misconduct with
  775  certain developmentally disabled clients and reporting of such
  776  sexual misconduct.
  777         (b) Section 394.4593, relating to sexual misconduct with
  778  certain mental health patients and reporting of such sexual
  779  misconduct.
  780         (c) Section 415.111, relating to adult abuse, neglect, or
  781  exploitation of aged persons or disabled adults.
  782         (d) Section 782.04, relating to murder.
  783         (e) Section 782.07, relating to manslaughter, aggravated
  784  manslaughter of an elderly person or disabled adult, aggravated
  785  manslaughter of a child, or aggravated manslaughter of an
  786  officer, a firefighter, an emergency medical technician, or a
  787  paramedic.
  788         (f) Section 784.021, relating to aggravated assault.
  789         (g) Section 784.045, relating to aggravated battery.
  790         (h) Section 784.075, relating to battery on a detention or
  791  commitment facility staff member or a juvenile probation
  792  officer.
  793         (i) Section 787.01, relating to kidnapping.
  794         (j) Section 787.02, relating to false imprisonment.
  795         (k) Section 787.025, relating to luring or enticing a
  796  child.
  797         (l) Section 787.04(2), relating to leading, taking,
  798  enticing, or removing a minor beyond the state limits, or
  799  concealing the location of a minor, with criminal intent pending
  800  custody proceedings.
  801         (m) Section 787.04(3), relating to leading, taking,
  802  enticing, or removing a minor beyond the state limits, or
  803  concealing the location of a minor, with criminal intent pending
  804  dependency proceedings or proceedings concerning alleged abuse
  805  or neglect of a minor.
  806         (n) Section 790.115(1), relating to exhibiting firearms or
  807  weapons at a school-sponsored event, on school property, or
  808  within 1,000 feet of a school.
  809         (o) Section 790.115(2)(b), relating to possessing an
  810  electric weapon or device, destructive device, or other weapon
  811  at a school-sponsored event or on school property.
  812         (p) Section 794.011, relating to sexual battery.
  813         (q) Former s. 794.041, relating to sexual activity with or
  814  solicitation of a child by a person in familial or custodial
  815  authority.
  816         (r) Section 794.05, relating to unlawful sexual activity
  817  with certain minors.
  818         (s) Section 794.08, relating to female genital mutilation.
  819         (t) Chapter 796, relating to prostitution.
  820         (u) Chapter 800, relating to lewdness and indecent
  821  exposure.
  822         (v) Section 800.101, relating to offenses against students
  823  by authority figures.
  824         (w) Section 806.01, relating to arson.
  825         (x) Section 810.14, relating to voyeurism.
  826         (y) Section 810.145, relating to video voyeurism.
  827         (z) Section 812.014(6), relating to coordinating the
  828  commission of theft in excess of $3,000.
  829         (aa) Section 812.0145, relating to theft from persons 65
  830  years of age or older.
  831         (bb) Section 812.019, relating to dealing in stolen
  832  property.
  833         (cc) Section 812.13, relating to robbery.
  834         (dd) Section 812.131, relating to robbery by sudden
  835  snatching.
  836         (ee) Section 812.133, relating to carjacking.
  837         (ff) Section 812.135, relating to home-invasion robbery.
  838         (gg) Section 817.563, relating to fraudulent sale of
  839  controlled substances.
  840         (hh) Section 825.102, relating to abuse, aggravated abuse,
  841  or neglect of an elderly person or disabled adult.
  842         (ii) Section 825.103, relating to exploitation of an
  843  elderly person or disabled adult.
  844         (jj) Section 825.1025, relating to lewd or lascivious
  845  offenses committed upon or in the presence of an elderly person
  846  or disabled person.
  847         (kk) Section 826.04, relating to incest.
  848         (ll) Section 827.03, relating to child abuse, aggravated
  849  child abuse, or neglect of a child.
  850         (mm) Section 827.04, relating to contributing to the
  851  delinquency or dependency of a child.
  852         (nn) Section 827.071, relating to sexual performance by a
  853  child.
  854         (oo) Section 843.01, relating to resisting arrest with
  855  violence.
  856         (pp) Chapter 847, relating to obscenity.
  857         (qq) Section 874.05, relating to causing, encouraging,
  858  soliciting, or recruiting another to join a criminal street
  859  gang.
  860         (rr) 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         (ss) Section 916.1075, relating to sexual misconduct with
  864  certain forensic clients and reporting of such sexual
  865  misconduct.
  866         (tt) Section 944.47, relating to introduction, removal, or
  867  possession of contraband at a correctional facility.
  868         (uu) Section 985.701, relating to sexual misconduct in
  869  juvenile justice programs.
  870         (vv) Section 985.711, relating to introduction, removal, or
  871  possession of contraband at a juvenile detention facility or
  872  commitment program.
  873         (2) Any misdemeanor offense prohibited under any of the
  874  following statutes:
  875         (a) Section 784.03, relating to battery, if the victim of
  876  the offense was a minor.
  877         (b) Section 787.025, relating to luring or enticing a
  878  child.
  879         (3) Any criminal act committed in another state or under
  880  federal law which, if committed in this state, constitutes an
  881  offense prohibited under any statute listed in subsection (1) or
  882  subsection (2).
  883         (4) Any delinquent act committed in this state or any
  884  delinquent or criminal act committed in another state or under
  885  federal law which, if committed in this state, qualifies an
  886  individual for inclusion on the Registered Juvenile Sex Offender
  887  List under s. 943.0435(1)(h)1.d.
  888         Section 9. Paragraph (a) of subsection (2) and paragraph
  889  (b) of subsection (3) of section 1012.32, Florida Statutes, are
  890  amended to read:
  891         1012.32 Qualifications of personnel.—
  892         (2)(a) Instructional and noninstructional personnel who are
  893  hired or contracted to fill positions that require direct
  894  contact with students in any district school system, virtual
  895  instruction program, or university lab school must, upon
  896  employment or engagement to provide services, undergo background
  897  screening as required under s. 1012.465 or s. 1012.56, whichever
  898  is applicable. A district school board may not require employees
  899  or contractual personnel of a virtual instruction provider
  900  approved pursuant to s. 1002.45(2) to undergo additional
  901  background screening.
  902  
  903  Fingerprints shall be submitted to the Department of Law
  904  Enforcement for statewide criminal and juvenile records checks
  905  and to the Federal Bureau of Investigation for federal criminal
  906  records checks. A person subject to this subsection who is found
  907  ineligible for employment under s. 1012.315, or otherwise found
  908  through background screening to have been convicted of any crime
  909  involving moral turpitude as defined by rule of the State Board
  910  of Education, shall not be employed, engaged to provide
  911  services, or serve in any position that requires direct contact
  912  with students. Probationary persons subject to this subsection
  913  terminated because of their criminal record have the right to
  914  appeal such decisions. The cost of the background screening may
  915  be borne by the district school board, the charter school, the
  916  employee, the contractor, or a person subject to this
  917  subsection. A district school board shall reimburse a charter
  918  school the cost of background screening if it does not notify
  919  the charter school of the eligibility of a governing board
  920  member or instructional or noninstructional personnel within the
  921  earlier of 14 days after receipt of the background screening
  922  results from the Florida Department of Law Enforcement or 30
  923  days of submission of fingerprints by the governing board member
  924  or instructional or noninstructional personnel.
  925         (3)
  926         (b) The Department of Law Enforcement shall search all
  927  arrest fingerprints received under s. 943.051 against the
  928  fingerprints retained in the statewide automated biometric
  929  identification system under paragraph (a). Any arrest record
  930  that is identified with the retained fingerprints of a person
  931  subject to the background screening under this section shall be
  932  reported to the employing or contracting school district,
  933  virtual instruction provider approved pursuant to s. 1002.45(2),
  934  or the school district with which the person is affiliated. All
  935  school districts and approved virtual instruction providers are
  936  Each school district is required to participate in this search
  937  process by payment of an annual fee to the Department of Law
  938  Enforcement and by informing the Department of Law Enforcement
  939  of any change in the affiliation, employment, or contractual
  940  status or place of affiliation, employment, or contracting of
  941  its instructional and noninstructional personnel whose
  942  fingerprints are retained under paragraph (a). The Department of
  943  Law Enforcement shall adopt a rule setting the amount of the
  944  annual fee to be imposed upon each school district and approved
  945  virtual instruction provider for performing these searches and
  946  establishing the procedures for the retention of instructional
  947  and noninstructional personnel fingerprints and the
  948  dissemination of search results. The fee may be borne by the
  949  district school board, the approved virtual instruction
  950  provider, the contractor, or the person fingerprinted.
  951         Section 10. Subsection (1) of section 1012.795, Florida
  952  Statutes, is amended to read:
  953         1012.795 Education Practices Commission; authority to
  954  discipline.—
  955         (1) The Education Practices Commission may suspend the
  956  educator certificate of any instructional personnel or school
  957  administrator, as defined in s. 1012.01(2) or (3), for up to 5
  958  years, thereby denying that person the right to teach or
  959  otherwise be employed by a district school board or public
  960  school in any capacity requiring direct contact with students
  961  for that period of time, after which the person may return to
  962  teaching as provided in subsection (4); may revoke the educator
  963  certificate of any person, thereby denying that person the right
  964  to teach or otherwise be employed by a district school board or
  965  public school in any capacity requiring direct contact with
  966  students for up to 10 years, with reinstatement subject to
  967  subsection (4); may permanently revoke the educator certificate
  968  of any person thereby denying that person the right to teach or
  969  otherwise be employed by a district school board or public
  970  school in any capacity requiring direct contact with students;
  971  may suspend a person’s educator certificate, upon an order of
  972  the court or notice by the Department of Revenue relating to the
  973  payment of child support; may direct the department to place
  974  employees or contractual personnel of any public school, charter
  975  school, charter school governing board, or private school that
  976  participates in a state scholarship program under chapter 1002
  977  on the disqualification list maintained by the department
  978  pursuant to s. 1001.10(4)(b) for misconduct that would render
  979  the person ineligible pursuant to s. 1012.315; or may impose any
  980  other penalty provided by law, if the person:
  981         (a) Obtained or attempted to obtain an educator certificate
  982  by fraudulent means.
  983         (b) Knowingly failed to report actual or suspected child
  984  abuse as required in s. 1006.061 or report alleged misconduct by
  985  instructional personnel or school administrators which affects
  986  the health, safety, or welfare of a student as required in s.
  987  1012.796.
  988         (c) Has proved to be incompetent to teach or to perform
  989  duties as an employee of the public school system or to teach in
  990  or to operate a private school.
  991         (d) Has been guilty of gross immorality or an act involving
  992  moral turpitude as defined by rule of the State Board of
  993  Education, including engaging in or soliciting sexual, romantic,
  994  or lewd conduct with a student or minor.
  995         (e) Has had an educator certificate or other professional
  996  license sanctioned by this or any other state or has had the
  997  authority to practice the regulated profession revoked,
  998  suspended, or otherwise acted against, including a denial of
  999  certification or licensure, by the licensing or certifying
 1000  authority of any jurisdiction, including its agencies and
 1001  subdivisions. The licensing or certifying authority’s acceptance
 1002  of a relinquishment, stipulation, consent order, or other
 1003  settlement offered in response to or in anticipation of the
 1004  filing of charges against the licensee or certificateholder
 1005  shall be construed as action against the license or certificate.
 1006  For purposes of this section, a sanction or action against a
 1007  professional license, a certificate, or an authority to practice
 1008  a regulated profession must relate to being an educator or the
 1009  fitness of or ability to be an educator.
 1010         (f) Has been convicted or found guilty of, has had
 1011  adjudication withheld for, or has pled guilty or nolo contendere
 1012  to a misdemeanor, felony, or any other criminal charge, other
 1013  than a minor traffic violation.
 1014         (g) Upon investigation, has been found guilty of personal
 1015  conduct that seriously reduces that person’s effectiveness as an
 1016  employee of the district school board.
 1017         (h) Has breached a contract, as provided in s. 1012.33(2)
 1018  or s. 1012.335.
 1019         (i) Has been the subject of a court order or notice by the
 1020  Department of Revenue pursuant to s. 409.2598 directing the
 1021  Education Practices Commission to suspend the certificate as a
 1022  result of noncompliance with a child support order, a subpoena,
 1023  an order to show cause, or a written agreement with the
 1024  Department of Revenue.
 1025         (j) Has violated the Principles of Professional Conduct for
 1026  the Education Profession prescribed by State Board of Education
 1027  rules.
 1028         (k) Has otherwise violated the provisions of law, the
 1029  penalty for which is the revocation of the educator certificate.
 1030         (l) Has violated any order of the Education Practices
 1031  Commission.
 1032         (m) Has been the subject of a court order or plea agreement
 1033  in any jurisdiction which requires the certificateholder to
 1034  surrender or otherwise relinquish his or her educator’s
 1035  certificate. A surrender or relinquishment shall be for
 1036  permanent revocation of the certificate. A person may not
 1037  surrender or otherwise relinquish his or her certificate prior
 1038  to a finding of probable cause by the commissioner as provided
 1039  in s. 1012.796.
 1040         (n) Has been disqualified from educator certification under
 1041  s. 1012.315.
 1042         (o) Has committed a third recruiting offense as determined
 1043  by the Florida High School Athletic Association (FHSAA) pursuant
 1044  to s. 1006.20(2)(b).
 1045         (p) Has violated test security as provided in s. 1008.24.
 1046         Section 11. Section 1012.796, Florida Statutes, is amended
 1047  to read:
 1048         1012.796  Complaints against educational support employees,
 1049  teachers, and administrators; procedure; penalties.—
 1050         (1)(a) The Department of Education shall cause to be
 1051  investigated expeditiously any complaint filed before it or
 1052  otherwise called to its attention which, if legally sufficient,
 1053  contains grounds for the revocation or suspension of a
 1054  certificate or any other appropriate penalty as set forth in
 1055  subsection (7). The complaint is legally sufficient if it
 1056  contains the ultimate facts that which show a violation has
 1057  occurred as provided in s. 1012.795 and defined by rule of the
 1058  State Board of Education. The department shall investigate or
 1059  continue to investigate and take appropriate action on a
 1060  complaint even though the original complainant withdraws the
 1061  complaint or otherwise indicates a desire not to cause it to be
 1062  investigated or prosecuted to completion. The department may
 1063  investigate or continue to investigate and take action on a
 1064  complaint filed against a person whose educator certificate has
 1065  expired if the act or acts that are the basis for the complaint
 1066  were allegedly committed while that person possessed an educator
 1067  certificate and may not issue a new certificate to such person
 1068  unless an investigation has been completed.
 1069         (b) The department shall immediately investigate any
 1070  legally sufficient complaint that involves misconduct by any
 1071  certificated personnel which affects the health, safety, or
 1072  welfare of a student, giving the complaint priority over other
 1073  pending complaints. The department must investigate or continue
 1074  to investigate and take action on such a complaint filed against
 1075  a person whose educator certificate has expired if the act or
 1076  acts that are the basis for the complaint were allegedly
 1077  committed while that person possessed an educator certificate.
 1078         (c) When an investigation is undertaken, the department
 1079  shall notify the certificateholder or applicant for
 1080  certification and the district school superintendent or the
 1081  university laboratory school, charter school, or private school
 1082  in which the certificateholder or applicant for certification is
 1083  employed or was employed at the time the alleged offense
 1084  occurred. In addition, the department shall inform the
 1085  certificateholder or applicant for certification of the
 1086  substance of any complaint that which has been filed against
 1087  that certificateholder or applicant, unless the department
 1088  determines that such notification would be detrimental to the
 1089  investigation, in which case the department may withhold
 1090  notification.
 1091         (d)1. Each school district shall file in writing with the
 1092  department all legally sufficient complaints within 30 days
 1093  after the date on which subject matter of the complaint comes to
 1094  the attention of the school district, regardless of whether the
 1095  subject of the complaint is still an employee of the school
 1096  district. A complaint is legally sufficient if it contains
 1097  ultimate facts that show a violation has occurred as provided in
 1098  s. 1012.795 and defined by rule of the State Board of Education.
 1099  The school district shall include all information relating to
 1100  the complaint which is known to the school district at the time
 1101  of filing.
 1102         2. A school district shall immediately notify the
 1103  department if the subject of a legally sufficient complaint of
 1104  misconduct affecting the health, safety, or welfare of a student
 1105  resigns or is terminated before the conclusion of the school
 1106  district’s investigation. Upon receipt of the notification, the
 1107  department shall place an alert on the person’s certification
 1108  file indicating that he or she resigned or was terminated before
 1109  an investigation involving allegations of misconduct affecting
 1110  the health, safety, or welfare of a student was concluded. In
 1111  such circumstances, the database may not include specific
 1112  information relating to the alleged misconduct until permitted
 1113  by subsection (4). This subparagraph does not limit or restrict
 1114  the duty of the district school board to investigate the
 1115  complaint and misconduct and report the findings and conclusion
 1116  to the department.
 1117         3.Each district school board or superintendent, charter
 1118  school governing board, approved virtual instruction provider,
 1119  and private school that participates in a state scholarship
 1120  program under chapter 1002 shall immediately report to the
 1121  Department of Education an arrest or conviction of educational
 1122  support employees, administrative or instructional personnel, or
 1123  school officials for an offense that reflects a risk of harm to
 1124  the health, safety, or welfare of a student or would render the
 1125  person ineligible pursuant to s. 1012.315, as determined by
 1126  state board rule adopted pursuant to this section. The same
 1127  reporting requirements apply to a substantiated allegation of
 1128  such misconduct by educational support employees, administrative
 1129  or instructional personnel, or school officials, regardless of
 1130  whether the accused person has been arrested or convicted in
 1131  relation to the misconduct.
 1132         4.3. Each district school board shall develop and adopt
 1133  policies and procedures to comply with this reporting
 1134  requirement. School board policies and procedures must include
 1135  standards for screening, hiring, and terminating educational
 1136  support employees, instructional personnel, and school
 1137  administrators, as defined in s. 1012.01; standards of ethical
 1138  conduct for educational support employees, instructional
 1139  personnel, and school administrators; the duties of educational
 1140  support employees, instructional personnel, and school
 1141  administrators for upholding the standards; detailed procedures
 1142  for reporting alleged misconduct by educational support
 1143  employees, instructional personnel, and school administrators
 1144  which affects the health, safety, or welfare of a student;
 1145  requirements for the reassignment of educational support
 1146  employees, instructional personnel, and or school administrators
 1147  pending the outcome of a misconduct investigation; and penalties
 1148  for failing to comply with s. 1001.51 or s. 1012.795. The
 1149  district school board policies and procedures must shall include
 1150  appropriate penalties for all personnel of the district school
 1151  board for nonreporting and procedures for promptly informing the
 1152  district school superintendent of each legally sufficient
 1153  complaint. The district school superintendent is charged with
 1154  knowledge of these policies and procedures and is accountable
 1155  for the training of all educational support employees,
 1156  instructional personnel, and school administrators of the school
 1157  district on the standards of ethical conduct, policies, and
 1158  procedures.
 1159         5.4. If the district school superintendent has knowledge of
 1160  a legally sufficient complaint and does not report the
 1161  complaint, or fails to enforce the policies and procedures of
 1162  the district school board, and fails to comply with the
 1163  requirements of this subsection, in addition to other actions
 1164  against certificateholders authorized by law, the district
 1165  school superintendent is subject to penalties as specified in s.
 1166  1001.51(12).
 1167         6.5. If the superintendent determines that misconduct by
 1168  educational support employees, instructional personnel, or
 1169  school administrators who hold an educator certificate affects
 1170  the health, safety, or welfare of a student and the misconduct
 1171  warrants termination, the educational support employees,
 1172  instructional personnel, or school administrators may resign or
 1173  be terminated, and the superintendent must report the misconduct
 1174  to the department in the format prescribed by the department.
 1175  The department shall place such educational support employees,
 1176  instructional personnel, or school administrators on the
 1177  disqualification list maintained by the department pursuant to
 1178  s. 1001.10(4)(b). The department shall maintain each report of
 1179  misconduct as a public record in the educational support
 1180  employees’, instructional personnel’s, or school administrators’
 1181  certification files. This paragraph does not limit or restrict
 1182  the power and duty of the department to investigate complaints
 1183  regarding certificated personnel, regardless of the school
 1184  district’s untimely filing, or failure to file, complaints and
 1185  followup reports. This subparagraph does not create a duty for
 1186  the department to investigate complaints regarding
 1187  noncertificated personnel.
 1188         (e) If allegations arise against an employee who is
 1189  certified under s. 1012.56 and employed in an educator
 1190  certificated position in any public school, charter school or
 1191  governing board thereof, or private school that accepts
 1192  scholarship students who participate in a state scholarship
 1193  program under chapter 1002, the school shall file in writing
 1194  with the department a legally sufficient complaint within 30
 1195  days after the date on which the subject matter of the complaint
 1196  came to the attention of the school, regardless of whether the
 1197  subject of the allegations is still an employee of the school. A
 1198  complaint is legally sufficient if it contains ultimate facts
 1199  that show a violation has occurred as provided in s. 1012.795
 1200  and defined by rule of the State Board of Education. The school
 1201  shall include all known information relating to the complaint
 1202  with the filing of the complaint. This paragraph does not limit
 1203  or restrict the power and duty of the department to investigate
 1204  complaints, regardless of the school’s untimely filing, or
 1205  failure to file, complaints and followup reports. A school
 1206  described in this paragraph shall immediately notify the
 1207  department if the subject of a legally sufficient complaint of
 1208  misconduct affecting the health, safety, or welfare of a student
 1209  resigns or is terminated before the conclusion of the school’s
 1210  investigation. Upon receipt of the notification, the department
 1211  shall place an alert on the person’s certification file
 1212  indicating that he or she resigned or was terminated before an
 1213  investigation involving allegations of misconduct affecting the
 1214  health, safety, or welfare of a student was concluded. In such
 1215  circumstances, the database may not include specific information
 1216  relating to the alleged misconduct until permitted by subsection
 1217  (4).
 1218         (f) Notwithstanding any other law, all law enforcement
 1219  agencies, state attorneys, social service agencies, district
 1220  school boards, and the Division of Administrative Hearings shall
 1221  fully cooperate with and, upon request, shall provide unredacted
 1222  documents to the Department of Education to further
 1223  investigations and prosecutions conducted pursuant to this
 1224  section. Any document received may not be redisclosed except as
 1225  authorized by law.
 1226         (2) The Commissioner of Education shall develop job
 1227  specifications for investigative personnel employed by the
 1228  department. Such specifications shall be substantially
 1229  equivalent to or greater than those job specifications of
 1230  investigative personnel employed by the Department of Business
 1231  and Professional Regulation. The department may contract with
 1232  the Department of Business and Professional Regulation for
 1233  investigations. No person who is responsible for conducting an
 1234  investigation of a teacher or administrator may prosecute the
 1235  same case. The department general counsel or members of that
 1236  staff may conduct prosecutions under this section.
 1237         (3) The department staff shall advise the commissioner
 1238  concerning the findings of the investigation and of all
 1239  referrals by the Florida High School Athletic Association
 1240  (FHSAA) pursuant to ss. 1006.20(2)(b) and 1012.795. The
 1241  department general counsel or members of that staff shall review
 1242  the investigation or the referral and advise the commissioner
 1243  concerning probable cause or lack thereof. The determination of
 1244  probable cause shall be made by the commissioner. The
 1245  commissioner shall provide an opportunity for a conference, if
 1246  requested, prior to determining probable cause. The commissioner
 1247  may enter into deferred prosecution agreements in lieu of
 1248  finding probable cause if, in his or her judgment, such
 1249  agreements are in the best interests of the department, the
 1250  certificateholder, and the public. Such deferred prosecution
 1251  agreements shall become effective when filed with the clerk of
 1252  the Education Practices Commission. However, a deferred
 1253  prosecution agreement may not be entered into if there is
 1254  probable cause to believe that a felony or an act of moral
 1255  turpitude, as defined by rule of the State Board of Education,
 1256  has occurred, or for referrals by the FHSAA. Upon finding no
 1257  probable cause, the commissioner shall dismiss the complaint and
 1258  may issue a letter of guidance to the certificateholder.
 1259         (4) The complaint and all information obtained pursuant to
 1260  the investigation by the department shall be confidential and
 1261  exempt from the provisions of s. 119.07(1) until the conclusion
 1262  of the preliminary investigation of the complaint, until such
 1263  time as the preliminary investigation ceases to be active, or
 1264  until such time as otherwise provided by s. 1012.798(6).
 1265  However, the complaint and all material assembled during the
 1266  investigation may be inspected and copied by the
 1267  certificateholder under investigation, or the
 1268  certificateholder’s designee, after the investigation is
 1269  concluded, but prior to the determination of probable cause by
 1270  the commissioner. If the preliminary investigation is concluded
 1271  with the finding that there is no probable cause to proceed, the
 1272  complaint and information shall be open thereafter to inspection
 1273  pursuant to s. 119.07(1). If the preliminary investigation is
 1274  concluded with the finding that there is probable cause to
 1275  proceed and a complaint is filed pursuant to subsection (6), the
 1276  complaint and information shall be open thereafter to inspection
 1277  pursuant to s. 119.07(1). If the preliminary investigation
 1278  ceases to be active, the complaint and all such material shall
 1279  be open thereafter to inspection pursuant to s. 119.07(1),
 1280  except as otherwise provided pursuant to s. 1012.798(6). For the
 1281  purpose of this subsection, a preliminary investigation shall be
 1282  considered active as long as it is continuing with a reasonable,
 1283  good faith anticipation that an administrative finding will be
 1284  made in the foreseeable future.
 1285         (5) When an allegation of misconduct by educational support
 1286  employees, instructional personnel, or school administrators, as
 1287  defined in s. 1012.01, is received, if the alleged misconduct
 1288  affects the health, safety, or welfare of a student, the
 1289  district school superintendent in consultation with the school
 1290  principal, or upon the request of the Commissioner of Education,
 1291  must immediately suspend the educational support employees,
 1292  instructional personnel, or school administrators from regularly
 1293  assigned duties, with pay, and reassign the suspended employees,
 1294  personnel, or administrators to positions that do not require
 1295  direct contact with students in the district school system. Such
 1296  suspension shall continue until the completion of the
 1297  proceedings and the determination of sanctions, if any, pursuant
 1298  to this section and s. 1012.795.
 1299         (6) Upon the finding of probable cause, the commissioner
 1300  shall file a formal complaint and prosecute the complaint
 1301  pursuant to the provisions of chapter 120. An administrative law
 1302  judge shall be assigned by the Division of Administrative
 1303  Hearings of the Department of Management Services to hear the
 1304  complaint if there are disputed issues of material fact. The
 1305  administrative law judge shall make recommendations in
 1306  accordance with the provisions of subsection (7) to the
 1307  appropriate Education Practices Commission panel which shall
 1308  conduct a formal review of such recommendations and other
 1309  pertinent information and issue a final order. The commission
 1310  shall consult with its legal counsel prior to issuance of a
 1311  final order.
 1312         (7) A panel of the commission shall enter a final order
 1313  either dismissing the complaint or imposing one or more of the
 1314  following penalties:
 1315         (a) Denial of an application for a certificate or for an
 1316  administrative or supervisory endorsement on a teaching
 1317  certificate. The denial may provide that the applicant may not
 1318  reapply for certification, and that the department may refuse to
 1319  consider that applicant’s application, for a specified period of
 1320  time or permanently.
 1321         (b) Revocation or suspension of a certificate.
 1322         (c) Imposition of an administrative fine not to exceed
 1323  $2,000 for each count or separate offense.
 1324         (d) Placement of the teacher, administrator, or supervisor
 1325  on probation for a period of time and subject to such conditions
 1326  as the commission may specify, including requiring the certified
 1327  teacher, administrator, or supervisor to complete additional
 1328  appropriate college courses or work with another certified
 1329  educator, with the administrative costs of monitoring the
 1330  probation assessed to the educator placed on probation. An
 1331  educator who has been placed on probation shall, at a minimum:
 1332         1. Immediately notify the investigative office in the
 1333  Department of Education upon employment or separation from
 1334  employment in any public or private position requiring a Florida
 1335  educator’s certificate.
 1336         2. Have his or her immediate supervisor submit annual
 1337  performance reports to the investigative office in the
 1338  Department of Education.
 1339         3. Pay to the commission within the first 6 months of each
 1340  probation year the administrative costs of monitoring probation
 1341  assessed to the educator.
 1342         4. Violate no law and fully comply with all district school
 1343  board policies, school rules, and State Board of Education
 1344  rules.
 1345         5. Satisfactorily perform his or her assigned duties in a
 1346  competent, professional manner.
 1347         6. Bear all costs of complying with the terms of a final
 1348  order entered by the commission.
 1349         (e) Restriction of the authorized scope of practice of the
 1350  teacher, administrator, or supervisor.
 1351         (f) Reprimand of the teacher, administrator, or supervisor
 1352  in writing, with a copy to be placed in the certification file
 1353  of such person.
 1354         (g) Imposition of an administrative sanction, upon a person
 1355  whose teaching certificate has expired, for an act or acts
 1356  committed while that person possessed a teaching certificate or
 1357  an expired certificate subject to late renewal, which sanction
 1358  bars that person from applying for a new certificate for a
 1359  period of 10 years or less, or permanently.
 1360         (h) Refer the teacher, administrator, or supervisor to the
 1361  recovery network program provided in s. 1012.798 under such
 1362  terms and conditions as the commission may specify.
 1363         (i) Direct the department to place educational support
 1364  employees, instructional personnel, or school administrators on
 1365  the disqualification list maintained by the department pursuant
 1366  to s. 1001.10(4)(b) for conduct that would render the person
 1367  ineligible pursuant to s. 1012.315.
 1368  
 1369  The penalties imposed under this subsection are in addition to,
 1370  and not in lieu of, the penalties required for a third
 1371  recruiting offense pursuant to s. 1006.20(2)(b).
 1372         (8) Violations of the provisions of a final order shall
 1373  result in an order to show cause issued by the clerk of the
 1374  Education Practices Commission if requested by the Department of
 1375  Education. Upon failure of the educator, at the time and place
 1376  stated in the order, to show cause satisfactorily to the
 1377  Education Practices Commission why a penalty for violating the
 1378  provisions of a final order should not be imposed, the Education
 1379  Practices Commission shall impose whatever penalty is
 1380  appropriate as established in s. 1012.795(6). The Department of
 1381  Education shall prosecute the individual ordered to show cause
 1382  before the Education Practices Commission. The Department of
 1383  Education and the individual may enter into a settlement
 1384  agreement, which shall be presented to the Education Practices
 1385  Commission for consideration. Any probation period will be
 1386  tolled when an order to show cause has been issued until the
 1387  issue is resolved by the Education Practices Commission;
 1388  however, the other terms and conditions of the final order shall
 1389  be in full force and effect until changed by the Education
 1390  Practices Commission.
 1391         (9) All moneys collected by, or awarded to, the commission
 1392  as fees, fines, penalties, or costs shall be deposited into the
 1393  Educational Certification and Service Trust Fund pursuant to s.
 1394  1012.59.
 1395         (10) Persons included on the disqualification list
 1396  maintained by the department pursuant to s. 1001.10(4)(b) may
 1397  not serve or apply to serve as employees or contractual
 1398  personnel at any public school or private school participating
 1399  in a state scholarship program under chapter 1002. A person who
 1400  knowingly violates this subsection, or an employer who knowingly
 1401  hires a person in violation of this subsection, commits a felony
 1402  of the third degree, punishable as provided in s. 775.082 or s.
 1403  775.083.
 1404         Section 12. Section 1012.797, Florida Statutes, is amended
 1405  to read:
 1406         1012.797 Notification by law enforcement of district school
 1407  superintendent of certain charges against or convictions of
 1408  employees.—
 1409         (1) Notwithstanding the provisions of s. 985.04(7) or any
 1410  other provision of law to the contrary, a law enforcement agency
 1411  shall, within 48 hours, notify the appropriate district school
 1412  superintendent, charter school governing board, or private
 1413  school owner or administrator, as applicable, of the name and
 1414  address of any employee or contractor of the school district,
 1415  charter school, or private school, as applicable, who is charged
 1416  with a felony or with a misdemeanor involving the abuse of a
 1417  minor child or the sale or possession of a controlled substance.
 1418  The notification shall include the specific charge for which the
 1419  employee or contractor of the school district was arrested. Such
 1420  notification shall include other education providers such as the
 1421  Florida School for the Deaf and the Blind, university lab
 1422  schools, and private elementary and secondary schools.
 1423         (2) Except to the extent necessary to protect the health,
 1424  safety, and welfare of other students, the information obtained
 1425  by the district school superintendent pursuant to this section
 1426  may be released only to appropriate school personnel or as
 1427  otherwise provided by law.
 1428         Section 13. This act shall take effect July 1, 2020.
 1429