Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1548
       
       
       
       
       
       
                                Ì812738@Î812738                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  01/22/2018           .                                
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       The Committee on Education (Mayfield) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 430 - 564
    4  and insert:
    5  public school in any capacity requiring an educator certificate
    6  direct contact with students for that period of time, after
    7  which the person holder may return to teaching as provided in
    8  subsection (4); may revoke the educator certificate of any
    9  person, thereby denying that person the right to teach or
   10  otherwise be employed by a district school board or public
   11  school in any capacity requiring an educator certificate direct
   12  contact with students for up to 10 years, with reinstatement
   13  subject to the provisions of subsection (4); may permanently
   14  revoke permanently the educator certificate of any person,
   15  thereby denying that person the right to teach or otherwise be
   16  employed by a district school board or public school in any
   17  capacity requiring an educator certificate direct contact with
   18  students; may suspend a person’s the educator certificate, upon
   19  an order of the court or notice by the Department of Revenue
   20  relating to the payment of child support; or may impose any
   21  other penalty provided by law, if the person:
   22         (a) Obtained or attempted to obtain an educator certificate
   23  by fraudulent means.
   24         (b) Knowingly failed to report actual or suspected child
   25  abuse as required in s. 1006.061 or report alleged misconduct by
   26  instructional personnel or school administrators which affects
   27  the health, safety, or welfare of a student as required in s.
   28  1012.796.
   29         (c) Has proved to be incompetent to teach or to perform
   30  duties as an employee of the public school system or to teach in
   31  or to operate a private school.
   32         (d) Has been guilty of gross immorality or an act involving
   33  moral turpitude as defined by rule of the State Board of
   34  Education.
   35         (e) Has had an educator certificate or other professional
   36  license sanctioned by this or any other revocation, suspension,
   37  or surrender in another state or has had the authority to
   38  practice the regulated profession revoked, suspended, or
   39  otherwise acted against, including a denial of certification or
   40  licensure, by the licensing or certifying authority of any
   41  jurisdiction, including its agencies and subdivisions. The
   42  licensing or certifying authority’s acceptance of a
   43  relinquishment, stipulation, consent order, or other settlement
   44  offered in response to or in anticipation of the filing of
   45  charges against the licensee or certificateholder shall be
   46  construed as action against the license or certificate.
   47         (f) Regardless of adjudication, has been convicted or found
   48  guilty of, or entered a plea of guilty or nolo contendere to,
   49  regardless of adjudication of guilt, a misdemeanor, a felony, or
   50  any other criminal charge, other than a minor traffic violation.
   51         (g) Upon investigation, has been found guilty of personal
   52  conduct that seriously reduces that person’s effectiveness as an
   53  employee of the district school board.
   54         (h) Has breached a contract, as provided in s. 1012.33(2)
   55  or s. 1012.335.
   56         (i) Has been the subject of a court order or notice by the
   57  Department of Revenue pursuant to s. 409.2598 directing the
   58  Education Practices Commission to suspend the certificate as a
   59  result of noncompliance with a child support order, a subpoena,
   60  an order to show cause, or a written agreement with the
   61  Department of Revenue.
   62         (j) Has violated the Principles of Professional Conduct for
   63  the Education Profession prescribed by State Board of Education
   64  rules.
   65         (k) Has otherwise violated the provisions of law, the
   66  penalty for which is the revocation of the educator certificate.
   67         (l) Has violated any order of the Education Practices
   68  Commission.
   69         (m) Has been the subject of a court order or plea agreement
   70  in any jurisdiction which requires the certificateholder to
   71  surrender or otherwise relinquish his or her educator educator’s
   72  certificate. A surrender or relinquishment shall be for
   73  permanent revocation of the certificate. A person may not
   74  surrender or otherwise relinquish his or her certificate before
   75  prior to a finding of probable cause by the commissioner as
   76  provided in s. 1012.796.
   77         (n) Has been disqualified from educator certification under
   78  s. 1012.315.
   79         (o) Has committed a third recruiting offense as determined
   80  by the Florida High School Athletic Association (FHSAA) pursuant
   81  to s. 1006.20(2)(b).
   82         (p)Has violated test security rules as provided in s.
   83  1008.24.
   84         (5) Each district school superintendent and the governing
   85  authority of each university lab school, state-supported school,
   86  private school, and the FHSAA shall report to the department the
   87  name of any person certified pursuant to this chapter or
   88  employed and qualified pursuant to s. 1012.39:
   89         (a) Who has been convicted or found guilty of, who has had
   90  adjudication withheld, or who has pled guilty or nolo contendere
   91  to, a misdemeanor, a felony, or any other criminal charge, other
   92  than a minor traffic infraction;
   93         (b) Who that official has reason to believe has committed
   94  or is found to have committed any act which would be a ground
   95  for revocation or suspension under subsection (1); or
   96         (c) Who has been dismissed or severed from employment
   97  because of conduct involving any immoral, unnatural, or
   98  lascivious act.
   99         Section 9. Paragraphs (d) and (e) of subsection (1) and
  100  subsections (3), (4), (6), and (7) of section 1012.796, Florida
  101  Statutes, are amended to read:
  102         1012.796 Complaints against teachers and administrators;
  103  procedure; penalties.—
  104         (1)
  105         (d) Each school district shall file in writing with the
  106  department all legally sufficient complaints within 30 days
  107  after it finds probable cause for disciplinary action to be
  108  taken, at the time the date on which subject matter of the
  109  complaint resigns, or after an investigation has been inactive
  110  for 60 days, whichever occurs first comes to the attention of
  111  the school district. A complaint is legally sufficient if it
  112  contains ultimate facts that show a violation has occurred as
  113  provided in s. 1012.795 and defined by rule of the State Board
  114  of Education. The school district shall include all information
  115  relating to the complaint which is known to the school district
  116  at the time of filing. Each district school board shall develop
  117  and adopt policies and procedures to comply with this reporting
  118  requirement. School board policies and procedures must include
  119  standards for screening, hiring, and terminating instructional
  120  personnel and school administrators, as defined in s. 1012.01;
  121  standards of ethical conduct for instructional personnel and
  122  school administrators; the duties of instructional personnel and
  123  school administrators for upholding the standards; detailed
  124  procedures for reporting alleged misconduct by instructional
  125  personnel and school administrators which affects the health,
  126  safety, or welfare of a student; requirements for the
  127  reassignment of instructional personnel or school administrators
  128  pending the outcome of a misconduct investigation; and penalties
  129  for failing to comply with s. 1001.51 or s. 1012.795. The
  130  district school board policies and procedures shall include
  131  appropriate penalties for all personnel of the district school
  132  board for nonreporting and procedures for promptly informing the
  133  district school superintendent of each legally sufficient
  134  complaint. The district school superintendent is charged with
  135  knowledge of these policies and procedures and is accountable
  136  for the training of all instructional personnel and school
  137  administrators of the school district on the standards of
  138  ethical conduct, policies, and procedures. If the district
  139  school superintendent has knowledge of a legally sufficient
  140  complaint upon which probable cause for disciplinary action has
  141  been found and does not report the complaint, or fails to
  142  enforce the policies and procedures of the district school
  143  board, and fails to comply with the requirements of this
  144  subsection, in addition to other actions against
  145  certificateholders authorized by law, the district school
  146  superintendent is subject to penalties as specified in s.
  147  1001.51(12). If the superintendent determines that misconduct by
  148  instructional personnel or school administrators who hold an
  149  educator certificate affects the health, safety, or welfare of a
  150  student and the misconduct warrants termination, the
  151  instructional personnel or school administrators may resign or
  152  be terminated, and the superintendent must report the misconduct
  153  to the department in the format prescribed by the department.
  154  The department shall maintain each report of misconduct as a
  155  public record in the instructional personnel’s or school
  156  administrators’ certification files. This paragraph does not
  157  limit or restrict the power and duty of the department to
  158  investigate complaints, regardless of the school district’s
  159  untimely filing, or failure to file, complaints and followup
  160  reports.
  161         (e) If allegations arise against an employee who is
  162  certified under s. 1012.56 and employed in an educator
  163  certificated position in any public school, charter school or
  164  governing board thereof, or private school that accepts
  165  scholarship students under s. 1002.39 or s. 1002.395, the school
  166  shall file in writing with the department a legally sufficient
  167  complaint within 30 days after the date on which it finds
  168  probable cause for disciplinary action to be taken, at the time
  169  the subject matter of the complaint resigns, or after an
  170  investigation has been inactive for 60 days, whichever occurs
  171  first came to the attention of the school. A complaint is
  172  legally sufficient if it contains ultimate facts that show a
  173  violation has occurred as provided in s. 1012.795 and defined by
  174  rule of the State Board of Education. The school shall include
  175  all known information relating to the complaint with the filing
  176  of the complaint. This paragraph does not limit or restrict the
  177  power and duty of the department to investigate complaints,
  178  regardless of the school’s untimely filing, or failure to file,
  179  complaints and followup reports.
  180         (3) The department staff shall advise the commissioner
  181  concerning the findings of the investigation and of all
  182  referrals by the Florida High School Athletic Association
  183  (FHSAA) pursuant to ss. 1006.20(2)(b) and 1012.795. The
  184  department general counsel or members of that staff shall review
  185  the investigation or the referral and advise the commissioner
  186  concerning probable cause or lack thereof. The determination of
  187  probable cause shall be made by the commissioner. The
  188  commissioner shall determine if probable cause exists within 180
  189  days after receipt of a complaint; however, this requirement may
  190  be waived by the certificateholder or may be extended for up to
  191  an additional 90 days upon a showing of good cause as stated in
  192  the record and approved by a vote of at least five members of a
  193  panel of the Education Practices Commission which considers the
  194  matter under subsection (6). The commissioner shall provide an
  195  opportunity for a conference, if requested, before prior to
  196  determining probable cause. The commissioner may enter into
  197  deferred prosecution agreements in lieu of finding probable
  198  cause if, in his or her judgment, such agreements are in the
  199  best interests of the department, the certificateholder, and the
  200  public. Such deferred prosecution agreements shall become
  201  effective when filed with the clerk of the Education Practices
  202  Commission. However, a deferred prosecution agreement may not be
  203  entered into if there is probable cause to believe that a felony
  204  or an act of moral turpitude, as defined by rule of the State
  205  Board of Education, has occurred, or for referrals by the FHSAA.
  206  Upon finding no probable cause, the commissioner shall dismiss
  207  the complaint and may issue a letter of guidance to the
  208  certificateholder.
  209         (4) The complaint and all information obtained pursuant to
  210  the investigation by the department shall be confidential and
  211  exempt from the provisions of s. 119.07(1) until the conclusion
  212  of the preliminary investigation of the complaint, until such
  213  time as the preliminary investigation ceases to be active, or
  214  until such time as otherwise provided by s. 1012.798(6).
  215  However, the complaint and all material assembled during the
  216  investigation may be inspected and copied by the
  217  certificateholder under investigation, or the
  218  certificateholder’s designee, after the investigation is
  219  concluded, but before prior to the determination of probable
  220  cause by the commissioner. If the preliminary investigation is
  221  concluded with the finding that there is no probable cause to
  222  proceed, the complaint and information shall be open thereafter
  223  to inspection pursuant to s. 119.07(1). If the preliminary
  224  investigation is concluded with the finding that there is
  225  probable cause to proceed and a complaint is filed pursuant to
  226  subsection (6), the complaint and information shall be open
  227  thereafter to inspection pursuant to s. 119.07(1). If the
  228  preliminary investigation ceases to be active, the complaint and
  229  all such material shall be open thereafter to inspection
  230  pursuant to s. 119.07(1), except as otherwise provided pursuant
  231  to s. 1012.798(6). For the purpose of this subsection, a
  232  preliminary investigation shall be considered active as long as
  233  it is continuing with a reasonable, good faith anticipation that
  234  an administrative finding will be made in the foreseeable
  235  future, but for not more than 90 days unless such period is
  236  extended for good cause as stated in the record and approved by
  237  a vote of at least five members of the Education Practices
  238  Commission which considers the matter under subsection (6).
  239         (6) Upon the finding of probable cause, the commissioner
  240  shall file a formal complaint and prosecute the complaint
  241  pursuant to the provisions of chapter 120. An administrative law
  242  judge shall be assigned by the Division of Administrative
  243  Hearings of the Department of Management Services to hear the
  244  complaint if there are disputed issues of material fact. The
  245  administrative law judge shall make recommendations in
  246  accordance with the provisions of subsection (7) to the
  247  appropriate Education Practices Commission panel which shall
  248  conduct a formal review of such recommendations and other
  249  pertinent information and issue a final order. The commission
  250  shall consult with its legal counsel before prior to issuance of
  251  a final order. The department and the certificateholder may
  252  reach an agreement to resolve the matter if the agreement is
  253  approved by a panel of the commission as provided in this
  254  subsection. The agreement must be presented to the panel within
  255  90 days the agreement is fully executed; however, this
  256  requirement may be waived by the certificateholder or may be
  257  extended for up to an additional 90 days by a vote of at least
  258  five members of the panel and upon a showing of good cause as
  259  stated in the record.
  260         (7) A panel of the commission shall enter a final order
  261  either dismissing the complaint, approving a settlement
  262  agreement, or imposing one or more of the following penalties:
  263         (a) Denial of an application for a teaching certificate or
  264  for an administrative or supervisory endorsement on a teaching
  265  certificate. The denial may provide that the applicant may not
  266  reapply for certification, and that the department may refuse to
  267  consider that applicant’s application, for a specified period of
  268  time or permanently.
  269         (b) Revocation or suspension of a certificate.
  270         (c) Imposition of an administrative fine not to exceed
  271  $2,000 for each count or separate offense.
  272         (d) Placement of the teacher, administrator, or supervisor
  273  on probation for a period of time and subject to such conditions
  274  as the commission may specify, including requiring the certified
  275  teacher, administrator, or supervisor to complete additional
  276  appropriate college courses or work with another certified
  277  educator, with the administrative costs of monitoring the
  278  probation assessed to the educator placed on probation. An
  279  educator who has been placed on probation shall, at a minimum:
  280         1. Immediately notify the investigative office in the
  281  Department of Education upon employment or separation from
  282  termination of employment in the state in any public or private
  283  position requiring a Florida educator’s certificate.
  284         2. Have his or her immediate supervisor submit annual
  285  performance reports to the investigative office in the
  286  Department of Education.
  287         3. Pay to the commission within the first 6 months of each
  288  probation year the administrative costs of monitoring probation
  289  assessed to the educator.
  290         4. Violate no law and fully comply with all district school
  291  board policies, school rules, and State Board of Education
  292  rules.
  293         5. Satisfactorily perform his or her assigned duties in a
  294  competent, professional manner.
  295         6. Bear all costs of complying with the terms of a final
  296  order entered by the commission.
  297         (e) Restriction of the authorized scope of practice of the
  298  teacher, administrator, or supervisor.
  299         (f) Reprimand of the teacher, administrator, or supervisor
  300  in writing, with a copy to be placed in the certification file
  301  of such person.
  302         (g) Imposition of an administrative sanction, upon a person
  303  whose teaching certificate has expired, for an act or acts
  304  committed while that person possessed a teaching certificate or
  305  an expired certificate subject to late renewal, which sanction
  306  bars that person from applying for a new certificate for a
  307  period of 10 years or less, or permanently.
  308         (h) Refer the teacher, administrator, or supervisor to the
  309  recovery network program provided in s. 1012.798 under such
  310  terms and conditions as the commission may specify.
  311  
  312  The penalties imposed under this subsection are in addition to,
  313  and not in lieu of, the penalties required for a third
  314  recruiting offense pursuant to s. 1006.20(2)(b). A
  315  certificateholder who serves a period of probation is not
  316  disqualified from employment opportunities within a school
  317  district.
  318  
  319  ================= T I T L E  A M E N D M E N T ================
  320  And the title is amended as follows:
  321         Delete lines 32 - 35
  322  and insert:
  323         criteria; amending s. 1012.796, F.S.; revising school
  324         district and school reporting requirements for the
  325         filing of complaints against educators and
  326         administrators; requiring the Commissioner of
  327         Education to determine if probable cause exists within
  328         a specified timeframe; requiring certified educators
  329         who are placed on probation to immediately notify a
  330         specified office upon separation from, rather than
  331         termination of, employment; providing that such
  332         educators are not disqualified from employment
  333         opportunities within a school district;