Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1864
       
       
       
       
       
       
                                Ì919762AÎ919762                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/17/2021           .                                
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       The Committee on Appropriations (Perry) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (4) and (5) of section 1001.10,
    6  Florida Statutes, are amended to read:
    7         1001.10 Commissioner of Education; general powers and
    8  duties.—
    9         (4) The Department of Education shall:
   10         (a) Provide technical assistance to school districts,
   11  charter schools, the Florida School for the Deaf and the Blind,
   12  and private schools that accept scholarship students who
   13  participate in a state scholarship program under chapter 1002 in
   14  the development of policies, procedures, and training related to
   15  employment practices and standards of ethical conduct for
   16  instructional personnel and school administrators, as defined in
   17  s. 1012.01.
   18         (b)Maintain a disqualification list that includes all of
   19  the following:
   20         1.The identity of each person who has been permanently
   21  denied an educator certificate or whose educator certificate has
   22  been permanently revoked and has been placed on the list as
   23  directed by the Education Practices Commission pursuant to s.
   24  1012.795(1) or s. 1012.796(7).
   25         2.The identity of each person who has been permanently
   26  disqualified by the commissioner from owning or operating a
   27  private school that participates in state scholarship programs
   28  under s. 1002.421.
   29         3.The identity of each person who has been terminated, or
   30  has resigned in lieu of termination, from employment as a result
   31  of sexual misconduct with a student.
   32         4.The identity of each person who is ineligible for
   33  educator certification or employment pursuant to s. 1012.315.
   34         (c)The department may remove a person from the
   35  disqualification list if the person demonstrates that:
   36         1.A completed law enforcement investigation resulted in an
   37  exoneration or no conviction or finding of guilt and a completed
   38  investigation and proceeding, as applicable, by the responsible
   39  education agency resulted in a finding that the person did not
   40  commit disqualifying conduct;
   41         2.The person was not the subject of the report of
   42  disqualifying conduct and was included on the disqualification
   43  list in error or as a result of mistaken identity; or
   44         3.The employer that submitted the person for inclusion on
   45  the disqualification list requests that the person be removed
   46  and submits documentation to support the request.
   47         (d)The State Board of Education shall adopt rules to
   48  implement this subsection.
   49         (5) The Department of Education shall provide authorized
   50  staff of school districts, charter schools, the Florida School
   51  for the Deaf and the Blind, and private schools that accept
   52  scholarship students who participate in a state scholarship
   53  program under chapter 1002 with access to electronic
   54  verification of information from the following employment
   55  screening tools:
   56         (a) The Professional Practices’ Database of Disciplinary
   57  Actions Against Educators.; and
   58         (b) The department’s Department of Education’s Teacher
   59  Certification Database.
   60         (c)The department’s disqualification list under paragraph
   61  (4)(b).
   62  
   63  This subsection does not require the department to provide these
   64  staff with unlimited access to the databases. However, the
   65  department shall provide the staff with access to the data
   66  necessary for performing employment history checks of the
   67  persons instructional personnel and school administrators
   68  included in the databases.
   69         Section 2. Subsections (6) and (7) of section 1001.42,
   70  Florida Statutes, are amended to read:
   71         1001.42 Powers and duties of district school board.—The
   72  district school board, acting as a board, shall exercise all
   73  powers and perform all duties listed below:
   74         (6) STANDARDS OF ETHICAL CONDUCT FOR INSTRUCTIONAL
   75  PERSONNEL, ADMINISTRATIVE PERSONNEL, AND SCHOOL OFFICERS.—Adopt
   76  policies establishing standards of ethical conduct for
   77  educational support employees, instructional personnel,
   78  administrative personnel, and school officers. The policies must
   79  require all educational support employees, instructional
   80  personnel, administrative personnel, and school officers, as
   81  defined in s. 1012.01, to complete training on the standards;
   82  establish the duty of educational support employees,
   83  instructional personnel, administrative personnel, and school
   84  officers to report, and procedures for reporting, alleged
   85  misconduct by other educational support employees, instructional
   86  or administrative personnel, and school officers which affects
   87  the health, safety, or welfare of a student, including
   88  misconduct that involves engaging in or soliciting sexual,
   89  romantic, or lewd conduct with a student; require the district
   90  school superintendent to report to law enforcement misconduct by
   91  educational support employees, instructional personnel, or
   92  school administrators that would result in disqualification from
   93  educator certification or employment as provided in s. 1012.315;
   94  and include an explanation of the liability protections provided
   95  under ss. 39.203 and 768.095. A district school board, or any of
   96  its employees or personnel, may not enter into a confidentiality
   97  agreement regarding terminated or dismissed educational support
   98  employees, instructional or administrative personnel, or school
   99  officers who resign in lieu of termination, based in whole or in
  100  part on misconduct that affects the health, safety, or welfare
  101  of a student, and may not provide educational support employees,
  102  instructional personnel, administrative personnel, or school
  103  officers with employment references or discuss the employees’,
  104  personnel’s, or officers’ performance with prospective employers
  105  in another educational setting, without disclosing the
  106  employees’, personnel’s, or officers’ misconduct. Any part of an
  107  agreement or contract that has the purpose or effect of
  108  concealing misconduct by educational support employees,
  109  instructional personnel, administrative personnel, or school
  110  officers which affects the health, safety, or welfare of a
  111  student is void, is contrary to public policy, and may not be
  112  enforced.
  113         (7) PROHIBITION DISQUALIFICATION FROM EMPLOYMENT.—Prohibit
  114  educational support employees, Disqualify instructional
  115  personnel, and administrative personnel, as defined in s.
  116  1012.01, from employment in any position that requires direct
  117  contact with students if the employees or personnel are
  118  ineligible for such employment under s. 1012.315 or have been
  119  terminated or resigned in lieu of termination for sexual
  120  misconduct with a student. If the prohibited conduct occurs
  121  while employed, the district school board must report the
  122  employees or personnel and the disqualifying circumstances to
  123  the department for inclusion on the disqualification list
  124  maintained by the department pursuant s. 1001.10(4)(b). An
  125  elected or appointed school board official forfeits his or her
  126  salary for 1 year if:
  127         (a) The school board official knowingly signs and transmits
  128  to any state official a report of alleged misconduct by
  129  educational support employees, instructional personnel, or
  130  administrative personnel which affects the health, safety, or
  131  welfare of a student and the school board official knows the
  132  report to be false or incorrect; or
  133         (b) The school board official knowingly fails to adopt
  134  policies that require:
  135         1. Educational support employees, instructional personnel,
  136  and administrative personnel to report alleged misconduct by
  137  other educational support employees, instructional personnel,
  138  and administrative personnel;
  139         2. The district school superintendent to report misconduct
  140  by educational support employees, instructional personnel, or
  141  school administrators that would result in disqualification from
  142  educator certification or employment as provided in s. 1012.315
  143  to the law enforcement agencies with jurisdiction over the
  144  conduct; or
  145         3. The investigation of all reports of alleged misconduct
  146  by educational support employees, instructional personnel, and
  147  administrative personnel, if the misconduct affects the health,
  148  safety, or welfare of a student, regardless of whether the
  149  person resigned or was terminated before the conclusion of the
  150  investigation. The policies must require the district school
  151  superintendent to notify the department of the result of the
  152  investigation and whether the misconduct warranted termination,
  153  regardless of whether the person resigned or was terminated
  154  before the conclusion of the investigation.
  155         Section 3. Subsection (12) of section 1001.51, Florida
  156  Statutes, is amended to read:
  157         1001.51 Duties and responsibilities of district school
  158  superintendent.—The district school superintendent shall
  159  exercise all powers and perform all duties listed below and
  160  elsewhere in the law, provided that, in so doing, he or she
  161  shall advise and counsel with the district school board. The
  162  district school superintendent shall perform all tasks necessary
  163  to make sound recommendations, nominations, proposals, and
  164  reports required by law to be acted upon by the district school
  165  board. All such recommendations, nominations, proposals, and
  166  reports by the district school superintendent shall be either
  167  recorded in the minutes or shall be made in writing, noted in
  168  the minutes, and filed in the public records of the district
  169  school board. It shall be presumed that, in the absence of the
  170  record required in this section, the recommendations,
  171  nominations, and proposals required of the district school
  172  superintendent were not contrary to the action taken by the
  173  district school board in such matters.
  174         (12) RECORDS AND REPORTS.—Recommend such records as should
  175  be kept in addition to those prescribed by rules of the State
  176  Board of Education; prepare forms for keeping such records as
  177  are approved by the district school board; ensure that such
  178  records are properly kept; and make all reports that are needed
  179  or required, as follows:
  180         (a) Forms, blanks, and reports.—Require that all employees
  181  accurately keep all records and promptly make in proper form all
  182  reports required by the education code or by rules of the State
  183  Board of Education; recommend the keeping of such additional
  184  records and the making of such additional reports as may be
  185  deemed necessary to provide data essential for the operation of
  186  the school system; and prepare such forms and blanks as may be
  187  required and ensure that these records and reports are properly
  188  prepared.
  189         (b) Reports to the department.—Prepare, for the approval of
  190  the district school board, all reports required by law or rules
  191  of the State Board of Education to be made to the department and
  192  transmit promptly all such reports, when approved, to the
  193  department, as required by law. If any reports are not
  194  transmitted at the time and in the manner prescribed by law or
  195  by State Board of Education rules, the salary of the district
  196  school superintendent must be withheld until the report has been
  197  properly submitted. Unless otherwise provided by rules of the
  198  State Board of Education, the annual report on attendance and
  199  personnel is due on or before July 1, and the annual school
  200  budget and the report on finance are due on the date prescribed
  201  by the commissioner.
  202  
  203  Any district school superintendent who knowingly signs and
  204  transmits to any state official a report that the superintendent
  205  knows to be false or incorrect; who knowingly fails to complete
  206  the investigation of investigate any allegation of misconduct
  207  that by instructional personnel or school administrators, as
  208  defined in s. 1012.01, which affects the health, safety, or
  209  welfare of a student, that would be a violation of s. 800.101,
  210  or that would be a disqualifying offense under s. 1012.315, or
  211  any allegation of sexual misconduct with a student; who
  212  knowingly fails to report the alleged misconduct to the
  213  department as required in s. 1012.796; or who knowingly fails to
  214  report misconduct to the law enforcement agencies with
  215  jurisdiction over the conduct pursuant to district school board
  216  policy under s. 1001.42(6), forfeits his or her salary for 1
  217  year following the date of such act or failure to act.
  218         Section 4. Paragraph (g) of subsection (12) of section
  219  1002.33, Florida Statutes, is amended to read:
  220         1002.33 Charter schools.—
  221         (12) EMPLOYEES OF CHARTER SCHOOLS.—
  222         (g)1. A charter school shall employ or contract with
  223  employees who have undergone background screening as provided in
  224  s. 1012.32. Members of the governing board of the charter school
  225  shall also undergo background screening in a manner similar to
  226  that provided in s. 1012.32. An individual may not be employed
  227  as an employee or contract personnel of a charter school or
  228  serve as a member of a charter school governing board if the
  229  individual is on the disqualification list maintained by the
  230  department pursuant to s. 1001.10(4)(b).
  231         2. A charter school shall prohibit educational support
  232  employees, disqualify instructional personnel, and school
  233  administrators, as defined in s. 1012.01, from employment in any
  234  position that requires direct contact with students if the
  235  employees, personnel, or administrators are ineligible for such
  236  employment under s. 1012.315 or have been terminated or resigned
  237  in lieu of termination for sexual misconduct with a student. If
  238  the prohibited conduct occurs while employed, a charter school
  239  must report the individual and the disqualifying circumstances
  240  to the department for inclusion on the disqualification list
  241  maintained pursuant to s. 1001.10(4)(b).
  242         3. The governing board of a charter school shall adopt
  243  policies establishing standards of ethical conduct for
  244  educational support employees, instructional personnel, and
  245  school administrators. The policies must require all educational
  246  support employees, instructional personnel, and school
  247  administrators, as defined in s. 1012.01, to complete training
  248  on the standards; establish the duty of educational support
  249  employees, instructional personnel, and school administrators to
  250  report, and procedures for reporting, alleged misconduct that by
  251  other instructional personnel and school administrators which
  252  affects the health, safety, or welfare of a student; and include
  253  an explanation of the liability protections provided under ss.
  254  39.203 and 768.095. A charter school, or any of its employees,
  255  may not enter into a confidentiality agreement regarding
  256  terminated or dismissed educational support employees,
  257  instructional personnel, or school administrators, or employees,
  258  personnel, or administrators who resign in lieu of termination,
  259  based in whole or in part on misconduct that affects the health,
  260  safety, or welfare of a student, and may not provide employees,
  261  instructional personnel, or school administrators with
  262  employment references or discuss the employees’, personnel’s, or
  263  administrators’ performance with prospective employers in
  264  another educational setting, without disclosing the employees’,
  265  personnel’s, or administrators’ misconduct. Any part of an
  266  agreement or contract that has the purpose or effect of
  267  concealing misconduct by educational support employees,
  268  instructional personnel, or school administrators which affects
  269  the health, safety, or welfare of a student is void, is contrary
  270  to public policy, and may not be enforced.
  271         4. Before employing an individual instructional personnel
  272  or school administrators in any position that requires direct
  273  contact with students, a charter school shall conduct employment
  274  history checks of each individual of the personnel’s or
  275  administrators’ previous employers, screen the instructional
  276  personnel or school administrators through use of the educator
  277  screening tools described in s. 1001.10(5), and document the
  278  findings. If unable to contact a previous employer, the charter
  279  school must document efforts to contact the employer.
  280         5. The sponsor of a charter school that knowingly fails to
  281  comply with this paragraph shall terminate the charter under
  282  subsection (8).
  283         Section 5. Paragraphs (n) and (o) of subsection (1) and
  284  subsection (3) of section 1002.421, Florida Statutes, are
  285  amended, and paragraph (r) is added to subsection (1) of that
  286  section, to read:
  287         1002.421 State school choice scholarship program
  288  accountability and oversight.—
  289         (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private
  290  school participating in an educational scholarship program
  291  established pursuant to this chapter must be a private school as
  292  defined in s. 1002.01(2) in this state, be registered, and be in
  293  compliance with all requirements of this section in addition to
  294  private school requirements outlined in s. 1002.42, specific
  295  requirements identified within respective scholarship program
  296  laws, and other provisions of Florida law that apply to private
  297  schools, and must:	
  298         (n) Adopt policies establishing standards of ethical
  299  conduct for educational support employees, instructional
  300  personnel, and school administrators. The policies must require
  301  all educational support employees, instructional personnel, and
  302  school administrators, as defined in s. 1012.01, to complete
  303  training on the standards; establish the duty of educational
  304  support employees, instructional personnel, and school
  305  administrators to report, and procedures for reporting, alleged
  306  misconduct by other educational support employees, instructional
  307  personnel, and school administrators which affects the health,
  308  safety, or welfare of a student; and include an explanation of
  309  the liability protections provided under ss. 39.203 and 768.095.
  310  A private 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 employees, personnel, or
  314  administrators who resign in lieu of termination, based in whole
  315  or in part on misconduct that affects the health, safety, or
  316  welfare of a student, and may not provide the employees,
  317  instructional personnel, or school administrators with
  318  employment references or discuss the employees’, personnel’s, or
  319  administrators’ performance with prospective employers in
  320  another educational setting, without disclosing the employees’,
  321  personnel’s, or administrators’ misconduct. Any part of an
  322  agreement or contract that has the purpose or effect of
  323  concealing misconduct by educational support employees,
  324  instructional personnel, or school administrators which affects
  325  the health, safety, or welfare of a student is void, is contrary
  326  to public policy, and may not be enforced.
  327         (o) Before employing a person instructional personnel or
  328  school administrators in any position that requires direct
  329  contact with students, conduct employment history checks of each
  330  of the personnel’s or administrators’ previous employers, screen
  331  the person personnel or administrators through use of the
  332  educator screening tools described in s. 1001.10(5), and
  333  document the findings. If unable to contact a previous employer,
  334  the private school must document efforts to contact the
  335  employer. The private school may not employ a person whose
  336  educator certificate is revoked, who is barred from reapplying
  337  for an educator certificate, or who is on the disqualification
  338  list maintained by the department pursuant to s. 1001.10(4)(b).
  339         (r)Prohibit education support employees, instructional
  340  personnel, and school administrators from employment in any
  341  position that requires direct contact with students if the
  342  personnel or administrators are ineligible for such employment
  343  pursuant to this section or s. 1012.315, or have been terminated
  344  or resigned in lieu of termination for sexual misconduct with a
  345  student. If the prohibited conduct occurs subsequent to
  346  employment, the private school must report the person and the
  347  disqualifying circumstances to the department for inclusion on
  348  the disqualification list maintained pursuant to s.
  349  1001.10(4)(b).
  350  
  351  The department shall suspend the payment of funds to a private
  352  school that knowingly fails to comply with this subsection, and
  353  shall prohibit the school from enrolling new scholarship
  354  students, for 1 fiscal year and until the school complies. If a
  355  private school fails to meet the requirements of this subsection
  356  or has consecutive years of material exceptions listed in the
  357  report required under paragraph (q), the commissioner may
  358  determine that the private school is ineligible to participate
  359  in a scholarship program.
  360         (3) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.
  361  The Commissioner of Education:
  362         (a) Shall deny, suspend, or revoke a private school’s
  363  participation in a scholarship program if it is determined that
  364  the private school has failed to comply with this section or
  365  exhibits a previous pattern of failure to comply. However, if
  366  the noncompliance is correctable within a reasonable amount of
  367  time, not to exceed 45 days, and if the health, safety, or
  368  welfare of the students is not threatened, the commissioner may
  369  issue a notice of noncompliance which provides the private
  370  school with a timeframe within which to provide evidence of
  371  compliance before taking action to suspend or revoke the private
  372  school’s participation in the scholarship program.
  373         (b) May deny, suspend, or revoke a private school’s
  374  participation in a scholarship program if the commissioner
  375  determines that an owner or operator of the private school is
  376  operating or has operated an educational institution in this
  377  state or in another state or jurisdiction in a manner contrary
  378  to the health, safety, or welfare of the public or if the owner
  379  or operator has exhibited a previous pattern of failure to
  380  comply with this section or specific requirements identified
  381  within respective scholarship program laws. For purposes of this
  382  subsection, the term “owner or operator” has the same meaning as
  383  provided in paragraph (1)(p).
  384         (c)May permanently deny or revoke the authority of an
  385  owner or operator to establish or operate a private school in
  386  the state if the commissioner decides that the owner or operator
  387  is operating or has operated an educational institution in the
  388  state or another state or jurisdiction in a manner contrary to
  389  the health, safety, or welfare of the public, and shall include
  390  such individuals on the disqualification list maintained by the
  391  department pursuant to s. 1001.10(4)(b).
  392         (d)1.(c)1. In making such a determination, may consider
  393  factors that include, but are not limited to, acts or omissions
  394  by an owner or operator which led to a previous denial,
  395  suspension, or revocation of participation in a state or federal
  396  education scholarship program; an owner’s or operator’s failure
  397  to reimburse the department or scholarship-funding organization
  398  for scholarship funds improperly received or retained by a
  399  school; the imposition of a prior criminal sanction related to
  400  an owner’s or operator’s management or operation of an
  401  educational institution; the imposition of a civil fine or
  402  administrative fine, license revocation or suspension, or
  403  program eligibility suspension, termination, or revocation
  404  related to an owner’s or operator’s management or operation of
  405  an educational institution; or other types of criminal
  406  proceedings in which an owner or operator was found guilty of,
  407  regardless of adjudication, or entered a plea of nolo contendere
  408  or guilty to, any offense involving fraud, deceit, dishonesty,
  409  or moral turpitude.
  410         2. The commissioner’s determination is subject to the
  411  following:
  412         a. If the commissioner intends to deny, suspend, or revoke
  413  a private school’s participation in the scholarship program, the
  414  department shall notify the private school of such proposed
  415  action in writing by certified mail and regular mail to the
  416  private school’s address of record with the department. The
  417  notification shall include the reasons for the proposed action
  418  and notice of the timelines and procedures set forth in this
  419  paragraph.
  420         b. The private school that is adversely affected by the
  421  proposed action shall have 15 days after receipt of the notice
  422  of proposed action to file with the department’s agency clerk a
  423  request for a proceeding pursuant to ss. 120.569 and 120.57. If
  424  the private school is entitled to a hearing under s. 120.57(1),
  425  the department shall forward the request to the Division of
  426  Administrative Hearings.
  427         c. Upon receipt of a request referred pursuant to this
  428  subparagraph, the director of the Division of Administrative
  429  Hearings shall expedite the hearing and assign an administrative
  430  law judge who shall commence a hearing within 30 days after the
  431  receipt of the formal written request by the division and enter
  432  a recommended order within 30 days after the hearing or within
  433  30 days after receipt of the hearing transcript, whichever is
  434  later. Each party shall be allowed 10 days in which to submit
  435  written exceptions to the recommended order. A final order shall
  436  be entered by the agency within 30 days after the entry of a
  437  recommended order. The provisions of this sub-subparagraph may
  438  be waived upon stipulation by all parties.
  439         (e)(d) May immediately suspend payment of scholarship funds
  440  if it is determined that there is probable cause to believe that
  441  there is:
  442         1. An imminent threat to the health, safety, or welfare of
  443  the students;
  444         2. A previous pattern of failure to comply with this
  445  section; or
  446         3. Fraudulent activity on the part of the private school.
  447  Notwithstanding s. 1002.22, in incidents of alleged fraudulent
  448  activity pursuant to this section, the department’s Office of
  449  Inspector General is authorized to release personally
  450  identifiable records or reports of students to the following
  451  persons or organizations:
  452         a. A court of competent jurisdiction in compliance with an
  453  order of that court or the attorney of record in accordance with
  454  a lawfully issued subpoena, consistent with the Family
  455  Educational Rights and Privacy Act, 20 U.S.C. s. 1232g.
  456         b. A person or entity authorized by a court of competent
  457  jurisdiction in compliance with an order of that court or the
  458  attorney of record pursuant to a lawfully issued subpoena,
  459  consistent with the Family Educational Rights and Privacy Act,
  460  20 U.S.C. s. 1232g.
  461         c. Any person, entity, or authority issuing a subpoena for
  462  law enforcement purposes when the court or other issuing agency
  463  has ordered that the existence or the contents of the subpoena
  464  or the information furnished in response to the subpoena not be
  465  disclosed, consistent with the Family Educational Rights and
  466  Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31.
  467  
  468  The commissioner’s order suspending payment pursuant to this
  469  paragraph may be appealed pursuant to the same procedures and
  470  timelines as the notice of proposed action set forth in
  471  subparagraph (d)2 (c)2.
  472         Section 6. Subsection (2) and paragraph (a) of subsection
  473  (4) of section 1006.061, Florida Statutes, are amended to read:
  474         1006.061 Child abuse, abandonment, and neglect policy.—Each
  475  district school board, charter school, and private school that
  476  accepts scholarship students who participate in a state
  477  scholarship program under chapter 1002 shall:
  478         (2) Post in a prominent place at each school site and on
  479  each school’s Internet website, if available, the policies and
  480  procedures for reporting alleged misconduct by educational
  481  support employees, instructional personnel, or school
  482  administrators which affects the health, safety, or welfare of a
  483  student; the contact person to whom the report is made; and the
  484  penalties imposed on educational support employees,
  485  instructional personnel, or school administrators who fail to
  486  report suspected or actual child abuse or alleged misconduct by
  487  other educational support employees, instructional personnel, or
  488  school administrators.
  489         (4)(a) Post in a prominent place in a clearly visible
  490  location and public area of the school which is readily
  491  accessible to and widely used by students a sign in English and
  492  Spanish that contains:
  493         1. The statewide toll-free telephone number of the central
  494  abuse hotline as provided in chapter 39.;
  495         2. Instructions to call 911 for emergencies.; and
  496         3. Directions for accessing the Department of Children and
  497  Families Internet website for more information on reporting
  498  abuse, neglect, and exploitation.
  499         4.Directions for accessing the Department of Education’s
  500  website for more information on reporting acts that violate s.
  501  800.101.
  502  
  503  The Department of Education shall develop, and publish on the
  504  department’s Internet website, sample notices suitable for
  505  posting in accordance with subsections (1), (2), and (4).
  506         Section 7. Subsection (6) of section 1012.27, Florida
  507  Statutes, is amended to read:
  508         1012.27 Public school personnel; powers and duties of
  509  district school superintendent.—The district school
  510  superintendent is responsible for directing the work of the
  511  personnel, subject to the requirements of this chapter, and in
  512  addition the district school superintendent shall perform the
  513  following:
  514         (6) EMPLOYMENT HISTORY CHECKS.—Before employing a person in
  515  any position that requires direct contact with students, conduct
  516  employment history checks of each of the person’s previous
  517  employers, review each affidavit of separation from previous
  518  employers pursuant to s. 1012.31, screen instructional personnel
  519  and school administrators, as defined in s. 1012.01, through use
  520  of the educator screening tools described in s. 1001.10(5), and
  521  document the findings. If unable to contact a previous employer,
  522  the district school superintendent shall document efforts to
  523  contact the employer.
  524         Section 8. Paragraph (a) of subsection (2) of section
  525  1012.31, Florida Statutes, is amended to read:
  526         1012.31 Personnel files.—Public school system employee
  527  personnel files shall be maintained according to the following
  528  provisions:
  529         (2)(a) Materials relating to work performance, discipline,
  530  suspension, or dismissal must be reduced to writing and signed
  531  by a person competent to know the facts or make the judgment. In
  532  cases of separation due to termination or resignation in lieu of
  533  termination, the person shall execute and maintain an affidavit
  534  of separation, on the form adopted by the Department of
  535  Education, setting forth in detail the facts and reasons for
  536  such separation. The affidavit must expressly disclose when
  537  separation is due to a report of sexual misconduct with a
  538  student. The affidavit of separation must be executed under oath
  539  and constitutes an official statement within the purview of s.
  540  837.06. The affidavit of separation must include conspicuous
  541  language that intentional false execution of the affidavit
  542  constitutes a misdemeanor of the second degree The resignation
  543  or termination of an employee before an investigation of alleged
  544  misconduct by the employee affecting the health, safety, or
  545  welfare of a student is concluded must be clearly indicated in
  546  the employee’s personnel file.
  547         Section 9. Section 1012.315, Florida Statutes, is amended
  548  to read:
  549         1012.315 Screening standards Disqualification from
  550  employment.—A person is ineligible for educator certification or
  551  employment in any position that requires direct contact with
  552  students in a district school system, charter school, or a
  553  private school that participates accepts scholarship students
  554  who participate in a state scholarship program under chapter
  555  1002 if the person is on the disqualification list maintained by
  556  the department pursuant to s. 1001.10(4)(b), is registered as a
  557  sex offender as described in 42 U.S.C. s. 9858f(c)(1)(C), or has
  558  been convicted or found guilty of, has had adjudication withheld
  559  for, or has pled guilty or nolo contendere to of:
  560         (1) Any felony offense prohibited under any of the
  561  following statutes:
  562         (a) Section 393.135, relating to sexual misconduct with
  563  certain developmentally disabled clients and reporting of such
  564  sexual misconduct.
  565         (b) Section 394.4593, relating to sexual misconduct with
  566  certain mental health patients and reporting of such sexual
  567  misconduct.
  568         (c) Section 415.111, relating to adult abuse, neglect, or
  569  exploitation of aged persons or disabled adults.
  570         (d) Section 782.04, relating to murder.
  571         (e) Section 782.07, relating to manslaughter, aggravated
  572  manslaughter of an elderly person or disabled adult, aggravated
  573  manslaughter of a child, or aggravated manslaughter of an
  574  officer, a firefighter, an emergency medical technician, or a
  575  paramedic.
  576         (f) Section 784.021, relating to aggravated assault.
  577         (g) Section 784.045, relating to aggravated battery.
  578         (h) Section 784.075, relating to battery on a detention or
  579  commitment facility staff member or a juvenile probation
  580  officer.
  581         (i) Section 787.01, relating to kidnapping.
  582         (j) Section 787.02, relating to false imprisonment.
  583         (k) Section 787.025, relating to luring or enticing a
  584  child.
  585         (l) Section 787.04(2), relating to leading, taking,
  586  enticing, or removing a minor beyond the state limits, or
  587  concealing the location of a minor, with criminal intent pending
  588  custody proceedings.
  589         (m) Section 787.04(3), relating to leading, taking,
  590  enticing, or removing a minor beyond the state limits, or
  591  concealing the location of a minor, with criminal intent pending
  592  dependency proceedings or proceedings concerning alleged abuse
  593  or neglect of a minor.
  594         (n) Section 790.115(1), relating to exhibiting firearms or
  595  weapons at a school-sponsored event, on school property, or
  596  within 1,000 feet of a school.
  597         (o) Section 790.115(2)(b), relating to possessing an
  598  electric weapon or device, destructive device, or other weapon
  599  at a school-sponsored event or on school property.
  600         (p) Section 794.011, relating to sexual battery.
  601         (q) Former s. 794.041, relating to sexual activity with or
  602  solicitation of a child by a person in familial or custodial
  603  authority.
  604         (r) Section 794.05, relating to unlawful sexual activity
  605  with certain minors.
  606         (s) Section 794.08, relating to female genital mutilation.
  607         (t) Chapter 796, relating to prostitution.
  608         (u) Chapter 800, relating to lewdness and indecent
  609  exposure.
  610         (v) Section 800.101, relating to offenses against students
  611  by authority figures.
  612         (w) Section 806.01, relating to arson.
  613         (x) Section 810.14, relating to voyeurism.
  614         (y) Section 810.145, relating to video voyeurism.
  615         (z) Section 812.014(6), relating to coordinating the
  616  commission of theft in excess of $3,000.
  617         (aa) Section 812.0145, relating to theft from persons 65
  618  years of age or older.
  619         (bb) Section 812.019, relating to dealing in stolen
  620  property.
  621         (cc) Section 812.13, relating to robbery.
  622         (dd) Section 812.131, relating to robbery by sudden
  623  snatching.
  624         (ee) Section 812.133, relating to carjacking.
  625         (ff) Section 812.135, relating to home-invasion robbery.
  626         (gg) Section 817.563, relating to fraudulent sale of
  627  controlled substances.
  628         (hh) Section 825.102, relating to abuse, aggravated abuse,
  629  or neglect of an elderly person or disabled adult.
  630         (ii) Section 825.103, relating to exploitation of an
  631  elderly person or disabled adult.
  632         (jj) Section 825.1025, relating to lewd or lascivious
  633  offenses committed upon or in the presence of an elderly person
  634  or disabled person.
  635         (kk) Section 826.04, relating to incest.
  636         (ll) Section 827.03, relating to child abuse, aggravated
  637  child abuse, or neglect of a child.
  638         (mm) Section 827.04, relating to contributing to the
  639  delinquency or dependency of a child.
  640         (nn) Section 827.071, relating to sexual performance by a
  641  child.
  642         (oo) Section 843.01, relating to resisting arrest with
  643  violence.
  644         (pp) Chapter 847, relating to obscenity.
  645         (qq) Section 874.05, relating to causing, encouraging,
  646  soliciting, or recruiting another to join a criminal street
  647  gang.
  648         (rr) Chapter 893, relating to drug abuse prevention and
  649  control, if the offense was a felony of the second degree or
  650  greater severity.
  651         (ss) Section 916.1075, relating to sexual misconduct with
  652  certain forensic clients and reporting of such sexual
  653  misconduct.
  654         (tt) Section 944.47, relating to introduction, removal, or
  655  possession of contraband at a correctional facility.
  656         (uu) Section 985.701, relating to sexual misconduct in
  657  juvenile justice programs.
  658         (vv) Section 985.711, relating to introduction, removal, or
  659  possession of contraband at a juvenile detention facility or
  660  commitment program.
  661         (2) Any misdemeanor offense prohibited under any of the
  662  following statutes:
  663         (a) Section 784.03, relating to battery, if the victim of
  664  the offense was a minor.
  665         (b) Section 787.025, relating to luring or enticing a
  666  child.
  667         (3) Any criminal act committed in another state or under
  668  federal law which, if committed in this state, constitutes an
  669  offense prohibited under any statute listed in subsection (1) or
  670  subsection (2).
  671         (4) Any delinquent act committed in this state or any
  672  delinquent or criminal act committed in another state or under
  673  federal law which, if committed in this state, qualifies an
  674  individual for inclusion on the Registered Juvenile Sex Offender
  675  List under s. 943.0435(1)(h)1.d.
  676         Section 10. Subsection (1) of section 1012.795, Florida
  677  Statutes, is amended to read:
  678         1012.795 Education Practices Commission; authority to
  679  discipline.—
  680         (1) The Education Practices Commission may suspend the
  681  educator certificate of any instructional personnel or school
  682  administrator, as defined in s. 1012.01(2) or (3), for up to 5
  683  years, thereby denying that person the right to teach or
  684  otherwise be employed by a district school board or public
  685  school in any capacity requiring direct contact with students
  686  for that period of time, after which the person may return to
  687  teaching as provided in subsection (4); may revoke the educator
  688  certificate of any person, thereby denying that person the right
  689  to teach or otherwise be employed by a district school board or
  690  public school in any capacity requiring direct contact with
  691  students for up to 10 years, with reinstatement subject to
  692  subsection (4); may permanently revoke the educator certificate
  693  of any person thereby denying that person the right to teach or
  694  otherwise be employed by a district school board or public
  695  school in any capacity requiring direct contact with students;
  696  may suspend a person’s educator certificate, upon an order of
  697  the court or notice by the Department of Revenue relating to the
  698  payment of child support; may direct the department to place a
  699  certificateholder employed by a public school, charter school,
  700  charter school governing board, or private school that
  701  participates in a state scholarship program under chapter 1002
  702  on the disqualification list maintained by the department
  703  pursuant to s. 1001.10(4)(b) for misconduct that would render
  704  the person ineligible pursuant to s. 1012.315 or sexual
  705  misconduct with a student; or may impose any other penalty
  706  provided by law, if the person:
  707         (a) Obtained or attempted to obtain an educator certificate
  708  by fraudulent means.
  709         (b) Knowingly failed to report actual or suspected child
  710  abuse as required in s. 1006.061 or report alleged misconduct by
  711  instructional personnel or school administrators which affects
  712  the health, safety, or welfare of a student as required in s.
  713  1012.796.
  714         (c) Has proved to be incompetent to teach or to perform
  715  duties as an employee of the public school system or to teach in
  716  or to operate a private school.
  717         (d) Has been guilty of gross immorality or an act involving
  718  moral turpitude as defined by rule of the State Board of
  719  Education, including engaging in or soliciting sexual, romantic,
  720  or lewd conduct with a student or minor.
  721         (e) Has had an educator certificate or other professional
  722  license sanctioned by this or any other state or has had the
  723  authority to practice the regulated profession revoked,
  724  suspended, or otherwise acted against, including a denial of
  725  certification or licensure, by the licensing or certifying
  726  authority of any jurisdiction, including its agencies and
  727  subdivisions. The licensing or certifying authority’s acceptance
  728  of a relinquishment, stipulation, consent order, or other
  729  settlement offered in response to or in anticipation of the
  730  filing of charges against the licensee or certificateholder
  731  shall be construed as action against the license or certificate.
  732  For purposes of this section, a sanction or action against a
  733  professional license, a certificate, or an authority to practice
  734  a regulated profession must relate to being an educator or the
  735  fitness of or ability to be an educator.
  736         (f) Has been convicted or found guilty of, has had
  737  adjudication withheld for, or has pled guilty or nolo contendere
  738  to a misdemeanor, felony, or any other criminal charge, other
  739  than a minor traffic violation.
  740         (g) Upon investigation, has been found guilty of personal
  741  conduct that seriously reduces that person’s effectiveness as an
  742  employee of the district school board.
  743         (h) Has breached a contract, as provided in s. 1012.33(2)
  744  or s. 1012.335.
  745         (i) Has been the subject of a court order or notice by the
  746  Department of Revenue pursuant to s. 409.2598 directing the
  747  Education Practices Commission to suspend the certificate as a
  748  result of noncompliance with a child support order, a subpoena,
  749  an order to show cause, or a written agreement with the
  750  Department of Revenue.
  751         (j) Has violated the Principles of Professional Conduct for
  752  the Education Profession prescribed by State Board of Education
  753  rules.
  754         (k) Has otherwise violated the provisions of law, the
  755  penalty for which is the revocation of the educator certificate.
  756         (l) Has violated any order of the Education Practices
  757  Commission.
  758         (m) Has been the subject of a court order or plea agreement
  759  in any jurisdiction which requires the certificateholder to
  760  surrender or otherwise relinquish his or her educator’s
  761  certificate. A surrender or relinquishment shall be for
  762  permanent revocation of the certificate. A person may not
  763  surrender or otherwise relinquish his or her certificate prior
  764  to a finding of probable cause by the commissioner as provided
  765  in s. 1012.796.
  766         (n) Has been disqualified from educator certification under
  767  s. 1012.315.
  768         (o) Has committed a third recruiting offense as determined
  769  by the Florida High School Athletic Association (FHSAA) pursuant
  770  to s. 1006.20(2)(b).
  771         (p) Has violated test security as provided in s. 1008.24.
  772         Section 11. Paragraphs (a), (b), (d), and (e) of subsection
  773  (1) and subsection (5) of section 1012.796, Florida Statutes,
  774  are amended, paragraph (i) is added to subsection (7), and
  775  subsection (10) is added to that section, to read:
  776         1012.796 Complaints against teachers and administrators;
  777  procedure; penalties.—
  778         (1)(a) The Department of Education shall cause to be
  779  investigated expeditiously any complaint filed before it or
  780  otherwise called to its attention which, if legally sufficient,
  781  contains grounds for the revocation or suspension of a
  782  certificate or any other appropriate penalty as set forth in
  783  subsection (7). The complaint is legally sufficient if it
  784  contains the ultimate facts which show a violation has occurred
  785  as provided in s. 1012.795 and defined by rule of the State
  786  Board of Education. The department shall investigate or continue
  787  to investigate and take appropriate action on a complaint even
  788  though the original complainant withdraws the complaint or
  789  otherwise indicates a desire not to cause it to be investigated
  790  or prosecuted to completion. The department may investigate or
  791  continue to investigate and take action on a complaint filed
  792  against a person whose educator certificate has expired if the
  793  act or acts that are the basis for the complaint were allegedly
  794  committed while that person possessed an educator certificate
  795  and may not issue a certificate to such a person unless an
  796  investigation has been completed.
  797         (b) The department shall immediately investigate any
  798  legally sufficient complaint that involves misconduct by any
  799  certificated personnel which affects the health, safety, or
  800  welfare of a student, giving the complaint priority over other
  801  pending complaints. The department must investigate or continue
  802  to investigate and take action on such a complaint filed against
  803  a person whose educator certificate has expired if the act or
  804  acts that are the basis for the complaint were allegedly
  805  committed while that person possessed an educator certificate.
  806  The Commissioner of Education shall make a determination of
  807  probable cause within 90 days after receipt of any complaint
  808  involving sexual misconduct with a student. Upon the written
  809  request of a state attorney, this deadline may be held in
  810  abeyance during criminal proceedings related to the sexual
  811  misconduct with a student.
  812         (d)1. Each school district shall file in writing with the
  813  department all legally sufficient complaints within 30 days
  814  after the date on which subject matter of the complaint comes to
  815  the attention of the school district, regardless of whether the
  816  subject of the complaint is still an employee of the school
  817  district. A complaint is legally sufficient if it contains
  818  ultimate facts that show a violation has occurred as provided in
  819  s. 1012.795 and defined by rule of the State Board of Education.
  820  The school district shall include all information relating to
  821  the complaint which is known to the school district at the time
  822  of filing.
  823         2. A school district shall immediately notify the
  824  department if the subject of a legally sufficient complaint of
  825  misconduct affecting the health, safety, or welfare of a student
  826  resigns or is terminated before the conclusion of the school
  827  district’s investigation. Upon receipt of the notification, the
  828  department shall place an alert on the person’s certification
  829  file indicating that he or she resigned or was terminated before
  830  an investigation involving allegations of misconduct affecting
  831  the health, safety, or welfare of a student was concluded. In
  832  such circumstances, the database may not include specific
  833  information relating to the alleged misconduct until permitted
  834  by subsection (4). This subparagraph does not limit or restrict
  835  the duty of the district school board to investigate the
  836  complaint and report the findings and conclusion to the
  837  department.
  838         3. Each district school board shall develop and adopt
  839  policies and procedures to comply with this reporting
  840  requirement. School board policies and procedures must include
  841  standards for screening, hiring, and terminating instructional
  842  personnel and school administrators, as defined in s. 1012.01;
  843  standards of ethical conduct for instructional personnel and
  844  school administrators; the duties of instructional personnel and
  845  school administrators for upholding the standards; detailed
  846  procedures for reporting alleged misconduct by instructional
  847  personnel and school administrators which affects the health,
  848  safety, or welfare of a student; requirements for the
  849  reassignment of instructional personnel and or school
  850  administrators pending the outcome of a misconduct
  851  investigation; and penalties for failing to comply with s.
  852  1001.51 or s. 1012.795. The district school board policies and
  853  procedures must shall include appropriate penalties for all
  854  personnel of the district school board for nonreporting and
  855  procedures for promptly informing the district school
  856  superintendent of each legally sufficient complaint. The
  857  district school superintendent is charged with knowledge of
  858  these policies and procedures and is accountable for the
  859  training of all instructional personnel and school
  860  administrators of the school district on the standards of
  861  ethical conduct, policies, and procedures.
  862         4. If the district school superintendent has knowledge of a
  863  legally sufficient complaint and does not report the complaint,
  864  or fails to enforce the policies and procedures of the district
  865  school board, and fails to comply with the requirements of this
  866  subsection, in addition to other actions against
  867  certificateholders authorized by law, the district school
  868  superintendent is subject to penalties as specified in s.
  869  1001.51(12).
  870         5. If the superintendent determines that misconduct by
  871  instructional personnel or school administrators who hold an
  872  educator certificate affects the health, safety, or welfare of a
  873  student and the misconduct warrants termination, the
  874  instructional personnel or school administrators may resign or
  875  be terminated, and the superintendent must report the misconduct
  876  to the department in the format prescribed by the department.
  877  The department shall maintain each report of misconduct as a
  878  public record in the instructional personnel’s or school
  879  administrators’ certification files. This paragraph does not
  880  limit or restrict the power and duty of the department to
  881  investigate complaints regarding certificateholders, regardless
  882  of the school district’s untimely filing, or failure to file,
  883  complaints and followup reports. This subparagraph does not
  884  create a duty for the department to investigate complaints
  885  regarding noncertificateholders.
  886         (e) If allegations arise against an employee who is
  887  certified under s. 1012.56 and employed in an educator
  888  certificated position in any public school, charter school or
  889  governing board thereof, or private school that accepts
  890  scholarship students who participate in a state scholarship
  891  program under chapter 1002, the school shall file in writing
  892  with the department a legally sufficient complaint within 30
  893  days after the date on which the subject matter of the complaint
  894  came to the attention of the school, regardless of whether the
  895  subject of the allegations is still an employee of the school. A
  896  complaint is legally sufficient if it contains ultimate facts
  897  that show a violation has occurred as provided in s. 1012.795
  898  and defined by rule of the State Board of Education. The school
  899  shall include all known information relating to the complaint
  900  with the filing of the complaint. This paragraph does not limit
  901  or restrict the power and duty of the department to investigate
  902  complaints, regardless of the school’s untimely filing, or
  903  failure to file, complaints and followup reports. A school
  904  described in this paragraph shall immediately notify the
  905  department if the subject of a legally sufficient complaint of
  906  misconduct affecting the health, safety, or welfare of a student
  907  resigns or is terminated before the conclusion of the school’s
  908  investigation. Upon receipt of the notification, the department
  909  shall place an alert on the person’s certification file
  910  indicating that he or she resigned or was terminated before an
  911  investigation involving allegations of misconduct affecting the
  912  health, safety, or welfare of a student was concluded and place
  913  the person on the disqualification list maintained by the
  914  department pursuant to s. 1001.10(4)(b). In such circumstances,
  915  the database may not include specific information relating to
  916  the alleged misconduct until permitted by subsection (4).
  917         (5) When an allegation of misconduct by instructional
  918  personnel or school administrators, as defined in s. 1012.01, is
  919  received, if the alleged misconduct affects the health, safety,
  920  or welfare of a student, the district school superintendent in
  921  consultation with the school principal, or upon the request of
  922  the Commissioner of Education, must, at a minimum, immediately
  923  suspend the instructional personnel or school administrators
  924  from regularly assigned duties, with pay, and remove reassign
  925  the suspended personnel or administrators from to positions that
  926  may do not require direct contact with students in the district
  927  school system. Such suspension shall continue until submission
  928  of a legally sufficient complaint. The proceedings and
  929  determination of sanctions shall be completed by a school
  930  district within 1 year after submission of the legally
  931  sufficient complaint the completion of the proceedings and the
  932  determination of sanctions, if any, pursuant to this section and
  933  s. 1012.795.
  934         (7) A panel of the commission shall enter a final order
  935  either dismissing the complaint or imposing one or more of the
  936  following penalties:
  937         (i)Direct the department to place instructional personnel
  938  or school administrators on the disqualification list maintained
  939  by the department pursuant to s. 1001.10(4)(b) for conduct that
  940  would render the person ineligible pursuant to s. 1012.315 or
  941  sexual misconduct with a student.
  942  
  943  The penalties imposed under this subsection are in addition to,
  944  and not in lieu of, the penalties required for a third
  945  recruiting offense pursuant to s. 1006.20(2)(b).
  946         (10)A person on the disqualification list maintained by
  947  the department pursuant to s. 1001.10(4)(b) shall be notified
  948  that he or she may not serve or apply to serve as an employee or
  949  contracted personnel at a public school or private school that
  950  participates in a state scholarship program under chapter 1002.
  951  A person who knowingly violates this provision commits a felony
  952  of the third degree, punishable as provided in s. 775.082 or s.
  953  775.083.
  954         Section 12. Section 1012.797, Florida Statutes, is amended
  955  to read:
  956         1012.797 Notification of district school superintendent of
  957  certain charges against or convictions of employees.—
  958         (1) Notwithstanding the provisions of s. 985.04(7) or any
  959  other provision of law to the contrary, a law enforcement agency
  960  shall, within 48 hours, notify the appropriate district school
  961  superintendent, charter school governing board, private school
  962  owner or administrator, president of the Florida School for the
  963  Deaf and the Blind, or university lab schools director or
  964  principal, as applicable, when its of the name and address of
  965  any employee of the school district who is arrested for charged
  966  with a felony or with a misdemeanor involving the abuse of a
  967  minor child or the sale or possession of a controlled substance.
  968  The notification shall include the specific charge for which the
  969  employee of the school district was arrested. Notwithstanding
  970  ss. 1012.31(3)(a)1. and 1012.796(4), within 24 hours after such
  971  notification, the school principal or designee shall notify
  972  parents of enrolled students who had direct contact with the
  973  employee and include, at a minimum, the name and specific
  974  charges against the employee. Such notification shall include
  975  other education providers such as the Florida School for the
  976  Deaf and the Blind, university lab schools, and private
  977  elementary and secondary schools.
  978         (2)Except to the extent necessary to protect the health,
  979  safety, and welfare of other students, the information obtained
  980  by the district school superintendent pursuant to this section
  981  may be released only to appropriate school personnel or as
  982  otherwise provided by law.
  983         Section 13. This act shall take effect July 1, 2021.
  984  
  985  ================= T I T L E  A M E N D M E N T ================
  986  And the title is amended as follows:
  987         Delete everything before the enacting clause
  988  and insert:
  989                        A bill to be entitled                      
  990         An act relating to educator conduct; amending s.
  991         1001.10, F.S.; requiring the Department of Education
  992         to maintain a disqualification list of certain
  993         persons; providing for the removal of a person from
  994         the list under certain circumstances; requiring the
  995         State Board of Education to adopt rules; requiring the
  996         department to provide access to specified information
  997         to certain staff for specified purposes; amending s.
  998         1001.42, F.S.; providing that certain provisions
  999         relating to conduct and prohibition from employment
 1000         apply to educational support employees; prohibiting
 1001         certain employees and personnel from employment under
 1002         certain circumstances; requiring district school
 1003         boards to report specified persons to the department
 1004         for inclusion on the list; providing that a school
 1005         board official forfeits his or her salary for 1 year
 1006         under additional circumstances; amending s. 1001.51,
 1007         F.S.; providing that a district school superintendent
 1008         forfeits his or her salary for 1 year under additional
 1009         circumstances; amending s. 1002.33, F.S.; prohibiting
 1010         certain individuals from employment at a charter
 1011         school; providing requirements for charter schools
 1012         relating to employing certain individuals; requiring
 1013         the governing board of a charter school to establish
 1014         the duty of instructional personnel and school
 1015         administrators to report specified alleged misconduct
 1016         by certain individuals; prohibiting an individual on
 1017         the list from employment in specified positions;
 1018         requiring a charter school to report specified
 1019         individuals to the department for inclusion on a
 1020         certain list; amending s. 1002.421, F.S.; requiring
 1021         certain private schools to include educational support
 1022         employees in specified policies; requiring certain
 1023         private schools to deny employment to certain persons;
 1024         prohibiting the employment of certain employees and
 1025         personnel under circumstances; requiring private
 1026         schools to report specified persons to the department
 1027         for inclusion on a certain list; authorizing the
 1028         Commissioner of Education to permanently revoke an
 1029         owner’s or operator’s authority to establish or
 1030         operate a private school in the state under certain
 1031         circumstances; amending s. 1006.061, F.S.; revising
 1032         the contents of a sign certain educational entities
 1033         are required to post to include information relating
 1034         to reporting of certain criminal acts; amending s.
 1035         1012.27, F.S.; revising the requirements for certain
 1036         employment history checks to include a specified
 1037         affidavit; amending s. 1012.31, requiring certain
 1038         persons to execute and maintain an affidavit of
 1039         separation form for specified purposes; providing
 1040         requirements for such affidavit; amending s. 1012.315,
 1041         F.S.; providing that certain persons are ineligible
 1042         for an educator certification or specified employment;
 1043         amending s. 1012.795, F.S.; revising acts that warrant
 1044         a disciplinary action by the commission; amending s.
 1045         1012.796, F.S.; prohibiting the department from
 1046         issuing a certificate to certain persons; requiring
 1047         the commissioner to make a determination of probable
 1048         cause within a specified timeframe for complaints
 1049         relating to sexual misconduct with a student;
 1050         providing for such timeframe to be held in abeyance
 1051         under certain circumstances; providing construction;
 1052         requiring certain individuals to be placed on a
 1053         disqualification list; requiring the commissioner to
 1054         remove certain suspended personnel or administrators
 1055         from certain positions under specified circumstances;
 1056         requiring a district school superintendent to
 1057         immediately suspend certain individuals and take
 1058         specified action as a results of alleged misconduct;
 1059         prohibiting certain individuals from serving or
 1060         applying to serve in specified positions at public
 1061         schools and specified private schools; providing a
 1062         timeframe for specified investigations; providing
 1063         timeframe for administrative suspension; providing
 1064         criminal penalties; amending s. 1012.797, F.S.;
 1065         revising provisions relating to notification by law
 1066         enforcement of certain charges against employees;
 1067         expanding the entities who receive such notifications;
 1068         requiring a school principal or designee to notify
 1069         certain parents of such notifications within a
 1070         specified timeframe; providing minimum requirements
 1071         for parental notifications; providing an effective
 1072         date.