Florida Senate - 2018                             CS for SB 1756
       
       
        
       By the Committee on Education; and Senator Simmons
       
       
       
       
       
       581-02344-18                                          20181756c1
    1                        A bill to be entitled                      
    2         An act relating to school accountability; amending s.
    3         1001.10, F.S.; revising the private schools to which
    4         the Department of Education is required to provide
    5         technical assistance and authorized staff; amending s.
    6         1002.20, F.S.; updating terminology; amending s.
    7         1002.385, F.S.; revising requirements for private
    8         schools that participate in the Gardiner Scholarship
    9         Program; specifying that the failure or refusal,
   10         rather than the inability of, a private school to meet
   11         certain requirements constitutes a basis for program
   12         ineligibility; amending s. 1002.39, F.S.; revising the
   13         purpose of department site visits at private schools
   14         participating in the John M. McKay Scholarships for
   15         Students with Disabilities Program; authorizing the
   16         department to make followup site visits at any time to
   17         certain private schools; requiring participating
   18         private schools to provide a specified report from an
   19         independent certified public accountant under certain
   20         circumstances; specifying that the failure or refusal,
   21         rather than the inability of, a private school to meet
   22         certain requirements constitutes a basis for program
   23         ineligibility; amending s. 1002.395, F.S.; revising
   24         obligations of eligible nonprofit scholarship-funding
   25         organizations participating in the Florida Tax Credit
   26         Scholarship Program; specifying that the failure or
   27         refusal, rather than the inability of, a private
   28         school to meet certain requirements constitutes a
   29         basis for program ineligibility; revising the purpose
   30         of department site visits at private schools
   31         participating in the Florida Tax Credit Scholarship
   32         Program; authorizing the department to make followup
   33         site visits at any time to certain private schools;
   34         amending s. 1002.421, F.S.; requiring a private school
   35         to employ or contract with teachers who meet certain
   36         qualifications and provide information about such
   37         qualifications to the department and parents; revising
   38         the conditions under which a private school employee
   39         may be exempted from background screening
   40         requirements; specifying that a private school is
   41         ineligible to participate in certain scholarship
   42         programs under certain circumstances; requiring the
   43         department to annually visit certain private schools;
   44         authorizing the department to make certain follow-up
   45         site visits at any time; requiring the Division of
   46         State Fire Marshal to annually provide the department
   47         with fire safety inspection reports for certain
   48         private schools; requiring that certain private
   49         schools provide the department with a report from an
   50         independent certified public accountant under certain
   51         circumstances; amending s. 1006.061, F.S.; revising
   52         the applicability of certain child abuse, abandonment,
   53         and neglect provisions; amending s. 1012.315, F.S.;
   54         revising the applicability of certain provisions
   55         related to disqualification from employment for the
   56         conviction of specified offenses; amending s.
   57         1012.796, F.S.; revising the applicability of a
   58         requirement that certain private schools file
   59         specified reports with the department for certain
   60         allegations against its employees; providing an
   61         effective date.
   62          
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. Subsections (4) and (5) of section 1001.10,
   66  Florida Statutes, are amended to read:
   67         1001.10 Commissioner of Education; general powers and
   68  duties.—
   69         (4) The Department of Education shall provide technical
   70  assistance to school districts, charter schools, the Florida
   71  School for the Deaf and the Blind, and private schools that
   72  accept scholarship students under s. 1002.385, s. 1002.39, or s.
   73  1002.395, or another state scholarship program under chapter
   74  1002 in the development of policies, procedures, and training
   75  related to employment practices and standards of ethical conduct
   76  for instructional personnel and school administrators, as
   77  defined in s. 1012.01.
   78         (5) The Department of Education shall provide authorized
   79  staff of school districts, charter schools, the Florida School
   80  for the Deaf and the Blind, and private schools that accept
   81  scholarship students under s. 1002.385, s. 1002.39, or s.
   82  1002.395, or another state scholarship program under chapter
   83  1002 with access to electronic verification of information from
   84  the following employment screening tools:
   85         (a) The Professional Practices’ Database of Disciplinary
   86  Actions Against Educators; and
   87         (b) The Department of Education’s Teacher Certification
   88  Database.
   89  
   90  This subsection does not require the department to provide these
   91  staff with unlimited access to the databases. However, the
   92  department shall provide the staff with access to the data
   93  necessary for performing employment history checks of the
   94  instructional personnel and school administrators included in
   95  the databases.
   96         Section 2. Paragraph (b) of subsection (6) of section
   97  1002.20, Florida Statutes, is amended to read:
   98         1002.20 K-12 student and parent rights.—Parents of public
   99  school students must receive accurate and timely information
  100  regarding their child’s academic progress and must be informed
  101  of ways they can help their child to succeed in school. K-12
  102  students and their parents are afforded numerous statutory
  103  rights including, but not limited to, the following:
  104         (6) EDUCATIONAL CHOICE.—
  105         (b) Private educational choices.—Parents of public school
  106  students may seek private educational choice options under
  107  certain programs.
  108         1. Under the McKay Scholarships for Students with
  109  Disabilities Program, the parent of a public school student with
  110  a disability may request and receive a McKay Scholarship for the
  111  student to attend a private school in accordance with s.
  112  1002.39.
  113         2. Under the Florida Tax Credit Scholarship Program, the
  114  parent of a student who qualifies for free or reduced-price
  115  school lunch or who is currently placed, or during the previous
  116  state fiscal year was placed, in foster care as defined in s.
  117  39.01 may seek a scholarship from an eligible nonprofit
  118  scholarship-funding organization in accordance with s. 1002.395.
  119         3. Under the Gardiner Scholarship Program Florida Personal
  120  Learning Scholarship Accounts Program, the parent of a student
  121  with a qualifying disability may apply for a Gardiner personal
  122  learning scholarship to be used for individual educational needs
  123  in accordance with s. 1002.385.
  124         Section 3. Subsection (8) of section 1002.385, Florida
  125  Statutes, is amended to read:
  126         1002.385 The Gardiner Scholarship.—
  127         (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
  128  private school may be sectarian or nonsectarian and shall:
  129         (a) Comply with all requirements for private schools
  130  participating in state school choice scholarship programs
  131  pursuant to s. 1002.421.
  132         (b) Provide to the organization, upon request, all
  133  documentation required for the student’s participation,
  134  including the private school’s and student’s fee schedules.
  135         (c) Be academically accountable to the parent for meeting
  136  the educational needs of the student by:
  137         1. At a minimum, annually providing to the parent a written
  138  explanation of the student’s progress.
  139         2. Annually administering or making provision for students
  140  participating in the program in grades 3 through 10 to take one
  141  of the nationally norm-referenced tests identified by the
  142  Department of Education or the statewide assessments pursuant to
  143  s. 1008.22. Students with disabilities for whom standardized
  144  testing is not appropriate are exempt from this requirement. A
  145  participating private school shall report a student’s scores to
  146  the parent.
  147         3. Cooperating with the scholarship student whose parent
  148  chooses to have the student participate in the statewide
  149  assessments pursuant to s. 1008.22 or, if a private school
  150  chooses to offer the statewide assessments, administering the
  151  assessments at the school.
  152         a. A participating private school may choose to offer and
  153  administer the statewide assessments to all students who attend
  154  the private school in grades 3 through 10.
  155         b. A participating private school shall submit a request in
  156  writing to the Department of Education by March 1 of each year
  157  in order to administer the statewide assessments in the
  158  subsequent school year.
  159         (d) Employ or contract with teachers who have regular and
  160  direct contact with each student receiving a scholarship under
  161  this section at the school’s physical location.
  162         (e) Provide a report from an independent certified public
  163  accountant who performs the agreed-upon procedures developed
  164  under s. 1002.395(6)(o) if the private school receives more than
  165  $250,000 in funds from scholarships awarded under this chapter
  166  section in a state fiscal year. A private school subject to this
  167  paragraph must annually submit the report by September 15 to the
  168  organization that awarded the majority of the school’s
  169  scholarship funds. The agreed-upon procedures must be conducted
  170  in accordance with attestation standards established by the
  171  American Institute of Certified Public Accountants.
  172  
  173  If a private school fails or refuses is unable to meet the
  174  requirements of this subsection or has consecutive years of
  175  material exceptions listed in the report required under
  176  paragraph (e), the commissioner may determine that the private
  177  school is ineligible to participate in the program.
  178         Section 4. Paragraph (f) of subsection (6) and subsection
  179  (8) of section 1002.39, Florida Statutes, are amended to read:
  180         1002.39 The John M. McKay Scholarships for Students with
  181  Disabilities Program.—There is established a program that is
  182  separate and distinct from the Opportunity Scholarship Program
  183  and is named the John M. McKay Scholarships for Students with
  184  Disabilities Program.
  185         (6) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
  186  shall:
  187         (f)1. Conduct random site visits to private schools
  188  participating in the John M. McKay Scholarships for Students
  189  with Disabilities Program as authorized under s. 1002.421(7).
  190  The purposes purpose of the site visits are is solely to verify
  191  compliance with the provisions of subsection (7) aimed at
  192  protecting the health, safety, and welfare of students and to
  193  verify the information reported by the schools concerning the
  194  enrollment and attendance of students, the credentials of
  195  teachers, background screening of teachers, and teachers’
  196  fingerprinting results, which information is required by rules
  197  of the State Board of Education, subsection (8), and s.
  198  1002.421. The Department of Education may not make followup more
  199  than three random site visits at any time to any school that has
  200  received a notice of noncompliance or a notice of proposed
  201  action within the previous 2 years pursuant to subsection (7)
  202  each year and may not make more than one random site visit each
  203  year to the same private school.
  204         2. Annually, by December 15, report to the Governor, the
  205  President of the Senate, and the Speaker of the House of
  206  Representatives the Department of Education’s actions with
  207  respect to implementing accountability in the scholarship
  208  program under this section and s. 1002.421, any substantiated
  209  allegations or violations of law or rule by an eligible private
  210  school under this program concerning the enrollment and
  211  attendance of students, the credentials of teachers, background
  212  screening of teachers, and teachers’ fingerprinting results and
  213  the corrective action taken by the Department of Education.
  214         (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
  215  eligible to participate in the John M. McKay Scholarships for
  216  Students with Disabilities Program, a private school may be
  217  sectarian or nonsectarian and must:
  218         (a) Comply with all requirements for private schools
  219  participating in state school choice scholarship programs
  220  pursuant to s. 1002.421.
  221         (b) Provide to the department all documentation required
  222  for a student’s participation, including the private school’s
  223  and student’s fee schedules, at least 30 days before any
  224  quarterly scholarship payment is made for the student pursuant
  225  to paragraph (11)(e). A student is not eligible to receive a
  226  quarterly scholarship payment if the private school fails to
  227  meet this deadline.
  228         (c) Be academically accountable to the parent for meeting
  229  the educational needs of the student by:
  230         1. At a minimum, annually providing to the parent a written
  231  explanation of the student’s progress.
  232         2. Cooperating with the scholarship student whose parent
  233  chooses to participate in the statewide assessments pursuant to
  234  s. 1008.22.
  235         (d) Maintain in this state a physical location where a
  236  scholarship student regularly attends classes.
  237         (e) If the private school that participates in a state
  238  scholarship program under this chapter receives more than
  239  $250,000 in funds from scholarships awarded under chapter 1002
  240  in a state fiscal year, provide an annual report from an
  241  independent certified public accountant who performs the agreed
  242  upon procedures developed under s. 1002.395(6)(o). Such a
  243  private school must annually submit the required report by
  244  September 15 to the organization that awarded the majority of
  245  the school’s scholarship funds. The agreed-upon procedures must
  246  be conducted in accordance with attestation standards
  247  established by the American Institute of Certified Public
  248  Accountants.
  249  
  250  The failure or refusal inability of a private school to meet the
  251  requirements of this subsection shall constitute a basis for the
  252  ineligibility of the private school to participate in the
  253  scholarship program as determined by the department.
  254         Section 5. Paragraph (o) of subsection (6), subsection (8),
  255  and paragraph (n) of subsection (9) of section 1002.395, Florida
  256  Statutes, are amended to read:
  257         1002.395 Florida Tax Credit Scholarship Program.—
  258         (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
  259  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
  260  organization:
  261         (o)1.a. Must participate in the joint development of
  262  agreed-upon procedures to be performed by an independent
  263  certified public accountant as required under paragraph (8)(e)
  264  if the scholarship-funding organization provided more than
  265  $250,000 in scholarship funds to an eligible private school
  266  under this chapter section during the 2009-2010 state fiscal
  267  year. The agreed-upon procedures must uniformly apply to all
  268  private schools and must determine, at a minimum, whether the
  269  private school has been verified as eligible by the Department
  270  of Education under paragraph (9)(c); has an adequate accounting
  271  system, system of financial controls, and process for deposit
  272  and classification of scholarship funds; and has properly
  273  expended scholarship funds for education-related expenses.
  274  During the development of the procedures, the participating
  275  scholarship-funding organizations shall specify guidelines
  276  governing the materiality of exceptions that may be found during
  277  the accountant’s performance of the procedures. The procedures
  278  and guidelines shall be provided to private schools and the
  279  Commissioner of Education by March 15, 2011.
  280         b. Must participate in a joint review of the agreed-upon
  281  procedures and guidelines developed under sub-subparagraph a.,
  282  by February 2013 and biennially thereafter, if the scholarship
  283  funding organization provided more than $250,000 in scholarship
  284  funds to an eligible private school under this chapter section
  285  during the state fiscal year preceding the biennial review. If
  286  the procedures and guidelines are revised, the revisions must be
  287  provided to private schools and the Commissioner of Education by
  288  March 15, 2013, and biennially thereafter.
  289         c. Must monitor the compliance of a private school with
  290  paragraph (8)(e) if the scholarship-funding organization
  291  provided the majority of the scholarship funding to the school.
  292  For each private school subject to paragraph (8)(e), the
  293  appropriate scholarship-funding organization shall notify the
  294  Commissioner of Education by October 30, 2011, and annually
  295  thereafter of:
  296         (I) A private school’s failure to submit a report required
  297  under paragraph (8)(e); or
  298         (II) Any material exceptions set forth in the report
  299  required under paragraph (8)(e).
  300         2. Must seek input from the accrediting associations that
  301  are members of the Florida Association of Academic Nonpublic
  302  Schools when jointly developing the agreed-upon procedures and
  303  guidelines under sub-subparagraph 1.a. and conducting a review
  304  of those procedures and guidelines under sub-subparagraph 1.b.
  305  
  306  Information and documentation provided to the Department of
  307  Education and the Auditor General relating to the identity of a
  308  taxpayer that provides an eligible contribution under this
  309  section shall remain confidential at all times in accordance
  310  with s. 213.053.
  311         (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
  312  private school may be sectarian or nonsectarian and must:
  313         (a) Comply with all requirements for private schools
  314  participating in state school choice scholarship programs
  315  pursuant to s. 1002.421.
  316         (b) Provide to the eligible nonprofit scholarship-funding
  317  organization, upon request, all documentation required for the
  318  student’s participation, including the private school’s and
  319  student’s fee schedules.
  320         (c) Be academically accountable to the parent for meeting
  321  the educational needs of the student by:
  322         1. At a minimum, annually providing to the parent a written
  323  explanation of the student’s progress.
  324         2. Annually administering or making provision for students
  325  participating in the scholarship program in grades 3 through 10
  326  to take one of the nationally norm-referenced tests identified
  327  by the Department of Education or the statewide assessments
  328  pursuant to s. 1008.22. Students with disabilities for whom
  329  standardized testing is not appropriate are exempt from this
  330  requirement. A participating private school must report a
  331  student’s scores to the parent. A participating private school
  332  must annually report by August 15 the scores of all
  333  participating students to the Learning System Institute
  334  described in paragraph (9)(j).
  335         3. Cooperating with the scholarship student whose parent
  336  chooses to have the student participate in the statewide
  337  assessments pursuant to s. 1008.22 or, if a private school
  338  chooses to offer the statewide assessments, administering the
  339  assessments at the school.
  340         a. A participating private school may choose to offer and
  341  administer the statewide assessments to all students who attend
  342  the private school in grades 3 through 10.
  343         b. A participating private school must submit a request in
  344  writing to the Department of Education by March 1 of each year
  345  in order to administer the statewide assessments in the
  346  subsequent school year.
  347         (d) Employ or contract with teachers who have regular and
  348  direct contact with each student receiving a scholarship under
  349  this section at the school’s physical location.
  350         (e) Provide a report from an independent certified public
  351  accountant who performs the agreed-upon procedures developed
  352  under paragraph (6)(o) if the private school receives more than
  353  $250,000 in funds from scholarships awarded under this chapter
  354  section in a state fiscal year. A private school subject to this
  355  paragraph must annually submit the report by September 15 to the
  356  scholarship-funding organization that awarded the majority of
  357  the school’s scholarship funds. The agreed-upon procedures must
  358  be conducted in accordance with attestation standards
  359  established by the American Institute of Certified Public
  360  Accountants.
  361  
  362  If a private school fails or refuses is unable to meet the
  363  requirements of this subsection or has consecutive years of
  364  material exceptions listed in the report required under
  365  paragraph (e), the commissioner may determine that the private
  366  school is ineligible to participate in the scholarship program
  367  as determined by the Department of Education.
  368         (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The Department of
  369  Education shall:
  370         (n)1. Conduct site visits to private schools participating
  371  in the Florida Tax Credit Scholarship Program as authorized
  372  under s. 1002.421(7). The purposes purpose of the site visits
  373  are is solely to verify compliance with the provisions of
  374  subsection (11) aimed at protecting the health, safety, and
  375  welfare of students and to verify the information reported by
  376  the schools concerning the enrollment and attendance of
  377  students, the credentials of teachers, background screening of
  378  teachers, and teachers’ fingerprinting results. The Department
  379  of Education may not make more than seven site visits each year;
  380  however, The department may make followup additional site visits
  381  at any time to any school that, pursuant to subsection (11), has
  382  received a notice of noncompliance or a notice of proposed
  383  action within the previous 2 years.
  384         2. Annually, by December 15, report to the Governor, the
  385  President of the Senate, and the Speaker of the House of
  386  Representatives the Department of Education’s actions with
  387  respect to implementing accountability in the scholarship
  388  program under this section and s. 1002.421, any substantiated
  389  allegations or violations of law or rule by an eligible private
  390  school under this program concerning the enrollment and
  391  attendance of students, the credentials of teachers, background
  392  screening of teachers, and teachers’ fingerprinting results and
  393  the corrective action taken by the Department of Education.
  394         Section 6. Present subsection (7) of section 1002.421,
  395  Florida Statutes, is amended and redesignated as subsection
  396  (11), a new subsection (7) and subsections (8), (9), and (10)
  397  are added to that section, and paragraphs (h) and (i) of
  398  subsection (2) and subsections (4) and (5) of that section are
  399  amended, to read:
  400         1002.421 Accountability of private schools participating in
  401  state school choice scholarship programs.—
  402         (2) A private school participating in a scholarship program
  403  must be a Florida private school as defined in s. 1002.01(2),
  404  must be registered in accordance with s. 1002.42, and must:
  405         (h) Employ or contract with teachers who:
  406         1. Unless otherwise specified under this paragraph, hold
  407  baccalaureate or higher degrees, have at least 3 years of
  408  teaching experience in public or private schools, or have
  409  objectively identified special skills, knowledge, or expertise
  410  that qualifies them to provide instruction in subjects taught.
  411         2. For teachers teaching students in grade 2 or above, hold
  412  baccalaureate or higher degrees from a university or college
  413  that is accredited by a regional or national accrediting agency
  414  recognized by the United States Department of Education.
  415  
  416  The private school must report to the department, in a format
  417  developed by the department, the qualifications of each teacher
  418  hired by the school, including, but not limited to, an
  419  explanation of the objectively identified special skills or
  420  expertise of such teachers, as applicable. Additionally, the
  421  private school must provide to the parent of each scholarship
  422  student, on the school’s website or on a written form provided
  423  by the school, the qualifications of each classroom teacher.
  424         (i) Require each employee and contracted personnel with
  425  direct student contact, upon employment or engagement to provide
  426  services, to undergo a state and national background screening,
  427  pursuant to s. 943.0542, by electronically filing with the
  428  Department of Law Enforcement a complete set of fingerprints
  429  taken by an authorized law enforcement agency or an employee of
  430  the private school, a school district, or a private company who
  431  is trained to take fingerprints and deny employment to or
  432  terminate an employee if he or she fails to meet the screening
  433  standards under s. 435.04. Results of the screening shall be
  434  provided to the participating private school. For purposes of
  435  this paragraph:
  436         1. An “employee or contracted personnel with direct student
  437  contact” means any employee or contracted personnel who has
  438  unsupervised access to a scholarship student for whom the
  439  private school is responsible.
  440         2. The costs of fingerprinting and the background check
  441  shall not be borne by the state.
  442         3. Continued employment of an employee or contracted
  443  personnel after notification that he or she has failed the
  444  background screening under this paragraph shall cause a private
  445  school to be ineligible for participation in a scholarship
  446  program.
  447         4. An employee or contracted personnel holding a valid
  448  Florida teaching certificate who has been fingerprinted pursuant
  449  to s. 1012.32 and who is not ineligible for employment pursuant
  450  to s. 1012.315 is not required to comply with the provisions of
  451  this paragraph.
  452         (4) A private school that accepts scholarship students
  453  under this chapter s. 1002.39 or s. 1002.395 must:
  454         (a) Disqualify instructional personnel and school
  455  administrators, as defined in s. 1012.01, from employment in any
  456  position that requires direct contact with students if the
  457  personnel or administrators are ineligible for such employment
  458  under s. 1012.315.
  459         (b) Adopt and faithfully implement policies establishing
  460  standards of ethical conduct for instructional personnel and
  461  school administrators. The policies must require all
  462  instructional personnel and school administrators, as defined in
  463  s. 1012.01, to complete training on the standards; establish the
  464  duty of instructional personnel and school administrators to
  465  report, and procedures for reporting, alleged misconduct by
  466  other instructional personnel and school administrators which
  467  affects the health, safety, or welfare of a student; and include
  468  an explanation of the liability protections provided under ss.
  469  39.203 and 768.095. A private school, or any of its employees,
  470  may not enter into a confidentiality agreement regarding
  471  terminated or dismissed instructional personnel or school
  472  administrators, or personnel or administrators who resign in
  473  lieu of termination, based in whole or in part on misconduct
  474  that affects the health, safety, or welfare of a student, and
  475  may not provide the instructional personnel or school
  476  administrators with employment references or discuss the
  477  personnel’s or administrators’ performance with prospective
  478  employers in another educational setting, without disclosing the
  479  personnel’s or administrators’ misconduct. Any part of an
  480  agreement or contract that has the purpose or effect of
  481  concealing misconduct by instructional personnel or school
  482  administrators which affects the health, safety, or welfare of a
  483  student is void, is contrary to public policy, and may not be
  484  enforced.
  485         (c) Before employing instructional personnel or school
  486  administrators in any position that requires direct contact with
  487  students, conduct employment history checks of each of the
  488  personnel’s or administrators’ previous employers, screen the
  489  personnel or administrators through use of the educator
  490  screening tools described in s. 1001.10(5), and document the
  491  findings. If unable to contact a previous employer, the private
  492  school must document efforts to contact the employer.
  493  
  494  The department shall suspend the payment of funds under this
  495  chapter ss. 1002.39 and 1002.395 to a private school that
  496  knowingly fails or refuses to comply with this subsection, and
  497  shall prohibit the school from enrolling new scholarship
  498  students, for 1 fiscal year and until the school complies.
  499         (5) The failure or refusal inability of a private school to
  500  meet the requirements of this section shall constitute a basis
  501  for the ineligibility of the private school to participate in a
  502  scholarship program as determined by the department.
  503  Additionally, a private school is ineligible to participate in a
  504  state scholarship program under this chapter if the owner or
  505  operator of the private school was a debtor in a voluntary or
  506  involuntary bankruptcy petition within the most recent 5 years.
  507         (7)(a)The department must annually visit at least 5
  508  percent, and may annually visit up to 7 percent, of the private
  509  schools that participate in the state scholarship programs under
  510  this chapter. Site visits required under subsection (8) are not
  511  included in the annual site visits authorized under this
  512  paragraph.
  513         (b) The purposes of the site visits are to verify
  514  compliance with the provisions of this section aimed at
  515  protecting the health, safety, and welfare of students and to
  516  verify the information reported by the schools concerning the
  517  enrollment and attendance of students, the credentials of
  518  teachers, background screening of teachers, and teachers’
  519  fingerprinting results, as required by rules of the State Board
  520  of Education and this section.
  521         (c) The department may make followup site visits at any
  522  time to any school that has received a notice of noncompliance
  523  or a notice of proposed action within the previous 2 years, or
  524  for a cause that affects the health, safety, and welfare of a
  525  student.
  526         (8)(a)The department shall visit each private school that
  527  notifies the department of the school’s intent to participate in
  528  a state scholarship program under this chapter.
  529         (b) The purpose of the site visit is to determine that the
  530  school meets the applicable state and local health, safety, and
  531  welfare codes and rules pursuant to this section.
  532         (9) The Division of State Fire Marshal shall annually
  533  provide to the department a fire safety inspection report,
  534  prepared by the local fire departments or by entities with whom
  535  they contract to perform fire safety inspections of private
  536  schools, for each private school that participates in a state
  537  scholarship program under this chapter.
  538         (10) If a private school that participates in a state
  539  scholarship program under this chapter receives more than
  540  $250,000 in funds from the scholarships awarded under chapter
  541  1002 in a state fiscal year, the school must provide to the
  542  department a report of the balance sheet and statement of income
  543  expenditures in accordance with generally accepted accounting
  544  procedures from an independent certified public accountant who
  545  performs the agreed-upon procedures.
  546         (11)(7) The State Board of Education shall adopt rules
  547  pursuant to ss. 120.536(1) and 120.54 to administer and enforce
  548  this section.
  549         Section 7. Section 1006.061, Florida Statutes, is amended
  550  to read:
  551         1006.061 Child abuse, abandonment, and neglect policy.—Each
  552  district school board, charter school, and private school that
  553  accepts scholarship students under s. 1002.385, s. 1002.39, or
  554  s. 1002.395, or another state scholarship program under chapter
  555  1002 shall:
  556         (1) Post in a prominent place in each school a notice that,
  557  pursuant to chapter 39, all employees and agents of the district
  558  school board, charter school, or private school have an
  559  affirmative duty to report all actual or suspected cases of
  560  child abuse, abandonment, or neglect; have immunity from
  561  liability if they report such cases in good faith; and have a
  562  duty to comply with child protective investigations and all
  563  other provisions of law relating to child abuse, abandonment,
  564  and neglect. The notice shall also include the statewide toll
  565  free telephone number of the central abuse hotline.
  566         (2) Post in a prominent place at each school site and on
  567  each school’s Internet website, if available, the policies and
  568  procedures for reporting alleged misconduct by instructional
  569  personnel or school administrators which affects the health,
  570  safety, or welfare of a student; the contact person to whom the
  571  report is made; and the penalties imposed on instructional
  572  personnel or school administrators who fail to report suspected
  573  or actual child abuse or alleged misconduct by other
  574  instructional personnel or school administrators.
  575         (3) Require the principal of the charter school or private
  576  school, or the district school superintendent, or the
  577  superintendent’s designee, at the request of the Department of
  578  Children and Families, to act as a liaison to the Department of
  579  Children and Families and the child protection team, as defined
  580  in s. 39.01, when in a case of suspected child abuse,
  581  abandonment, or neglect or an unlawful sexual offense involving
  582  a child the case is referred to such a team; except that this
  583  does not relieve or restrict the Department of Children and
  584  Families from discharging its duty and responsibility under the
  585  law to investigate and report every suspected or actual case of
  586  child abuse, abandonment, or neglect or unlawful sexual offense
  587  involving a child.
  588         (4)(a) Post in a prominent place in a clearly visible
  589  location and public area of the school which is readily
  590  accessible to and widely used by students a sign in English and
  591  Spanish that contains:
  592         1. The statewide toll-free telephone number of the central
  593  abuse hotline as provided in chapter 39;
  594         2. Instructions to call 911 for emergencies; and
  595         3. Directions for accessing the Department of Children and
  596  Families Internet website for more information on reporting
  597  abuse, neglect, and exploitation.
  598         (b) The information in paragraph (a) must be put on at
  599  least one poster in each school, on a sheet that measures at
  600  least 11 inches by 17 inches, produced in large print, and
  601  placed at student eye level for easy viewing.
  602  
  603  The Department of Education shall develop, and publish on the
  604  department’s Internet website, sample notices suitable for
  605  posting in accordance with subsections (1), (2), and (4).
  606         Section 8. Section 1012.315, Florida Statutes, is amended
  607  to read:
  608         1012.315 Disqualification from employment.—A person is
  609  ineligible for educator certification, and instructional
  610  personnel and school administrators, as defined in s. 1012.01,
  611  are ineligible for employment in any position that requires
  612  direct contact with students in a district school system,
  613  charter school, or private school that accepts scholarship
  614  students under s. 1002.385, s. 1002.39, or s. 1002.395, or
  615  another state scholarship program under chapter 1002, if the
  616  person, instructional personnel, or school administrator has
  617  been convicted of:
  618         (1) Any felony offense prohibited under any of the
  619  following statutes:
  620         (a) Section 393.135, relating to sexual misconduct with
  621  certain developmentally disabled clients and reporting of such
  622  sexual misconduct.
  623         (b) Section 394.4593, relating to sexual misconduct with
  624  certain mental health patients and reporting of such sexual
  625  misconduct.
  626         (c) Section 415.111, relating to adult abuse, neglect, or
  627  exploitation of aged persons or disabled adults.
  628         (d) Section 782.04, relating to murder.
  629         (e) Section 782.07, relating to manslaughter, aggravated
  630  manslaughter of an elderly person or disabled adult, aggravated
  631  manslaughter of a child, or aggravated manslaughter of an
  632  officer, a firefighter, an emergency medical technician, or a
  633  paramedic.
  634         (f) Section 784.021, relating to aggravated assault.
  635         (g) Section 784.045, relating to aggravated battery.
  636         (h) Section 784.075, relating to battery on a detention or
  637  commitment facility staff member or a juvenile probation
  638  officer.
  639         (i) Section 787.01, relating to kidnapping.
  640         (j) Section 787.02, relating to false imprisonment.
  641         (k) Section 787.025, relating to luring or enticing a
  642  child.
  643         (l) Section 787.04(2), relating to leading, taking,
  644  enticing, or removing a minor beyond the state limits, or
  645  concealing the location of a minor, with criminal intent pending
  646  custody proceedings.
  647         (m) Section 787.04(3), relating to leading, taking,
  648  enticing, or removing a minor beyond the state limits, or
  649  concealing the location of a minor, with criminal intent pending
  650  dependency proceedings or proceedings concerning alleged abuse
  651  or neglect of a minor.
  652         (n) Section 790.115(1), relating to exhibiting firearms or
  653  weapons at a school-sponsored event, on school property, or
  654  within 1,000 feet of a school.
  655         (o) Section 790.115(2)(b), relating to possessing an
  656  electric weapon or device, destructive device, or other weapon
  657  at a school-sponsored event or on school property.
  658         (p) Section 794.011, relating to sexual battery.
  659         (q) Former s. 794.041, relating to sexual activity with or
  660  solicitation of a child by a person in familial or custodial
  661  authority.
  662         (r) Section 794.05, relating to unlawful sexual activity
  663  with certain minors.
  664         (s) Section 794.08, relating to female genital mutilation.
  665         (t) Chapter 796, relating to prostitution.
  666         (u) Chapter 800, relating to lewdness and indecent
  667  exposure.
  668         (v) Section 806.01, relating to arson.
  669         (w) Section 810.14, relating to voyeurism.
  670         (x) Section 810.145, relating to video voyeurism.
  671         (y) Section 812.014(6), relating to coordinating the
  672  commission of theft in excess of $3,000.
  673         (z) Section 812.0145, relating to theft from persons 65
  674  years of age or older.
  675         (aa) Section 812.019, relating to dealing in stolen
  676  property.
  677         (bb) Section 812.13, relating to robbery.
  678         (cc) Section 812.131, relating to robbery by sudden
  679  snatching.
  680         (dd) Section 812.133, relating to carjacking.
  681         (ee) Section 812.135, relating to home-invasion robbery.
  682         (ff) Section 817.563, relating to fraudulent sale of
  683  controlled substances.
  684         (gg) Section 825.102, relating to abuse, aggravated abuse,
  685  or neglect of an elderly person or disabled adult.
  686         (hh) Section 825.103, relating to exploitation of an
  687  elderly person or disabled adult.
  688         (ii) Section 825.1025, relating to lewd or lascivious
  689  offenses committed upon or in the presence of an elderly person
  690  or disabled person.
  691         (jj) Section 826.04, relating to incest.
  692         (kk) Section 827.03, relating to child abuse, aggravated
  693  child abuse, or neglect of a child.
  694         (ll) Section 827.04, relating to contributing to the
  695  delinquency or dependency of a child.
  696         (mm) Section 827.071, relating to sexual performance by a
  697  child.
  698         (nn) Section 843.01, relating to resisting arrest with
  699  violence.
  700         (oo) Chapter 847, relating to obscenity.
  701         (pp) Section 874.05, relating to causing, encouraging,
  702  soliciting, or recruiting another to join a criminal street
  703  gang.
  704         (qq) Chapter 893, relating to drug abuse prevention and
  705  control, if the offense was a felony of the second degree or
  706  greater severity.
  707         (rr) Section 916.1075, relating to sexual misconduct with
  708  certain forensic clients and reporting of such sexual
  709  misconduct.
  710         (ss) Section 944.47, relating to introduction, removal, or
  711  possession of contraband at a correctional facility.
  712         (tt) Section 985.701, relating to sexual misconduct in
  713  juvenile justice programs.
  714         (uu) Section 985.711, relating to introduction, removal, or
  715  possession of contraband at a juvenile detention facility or
  716  commitment program.
  717         (2) Any misdemeanor offense prohibited under any of the
  718  following statutes:
  719         (a) Section 784.03, relating to battery, if the victim of
  720  the offense was a minor.
  721         (b) Section 787.025, relating to luring or enticing a
  722  child.
  723         (3) Any criminal act committed in another state or under
  724  federal law which, if committed in this state, constitutes an
  725  offense prohibited under any statute listed in subsection (1) or
  726  subsection (2).
  727         (4) Any delinquent act committed in this state or any
  728  delinquent or criminal act committed in another state or under
  729  federal law which, if committed in this state, qualifies an
  730  individual for inclusion on the Registered Juvenile Sex Offender
  731  List under s. 943.0435(1)(h)1.d.
  732         Section 9. Paragraph (e) of subsection (1) of section
  733  1012.796, Florida Statutes, is amended to read:
  734         1012.796 Complaints against teachers and administrators;
  735  procedure; penalties.—
  736         (1)
  737         (e) If allegations arise against an employee who is
  738  certified under s. 1012.56 and employed in an educator
  739  certificated position in any public school, charter school or
  740  governing board thereof, or private school that accepts
  741  scholarship students under s. 1002.385, s. 1002.39, or s.
  742  1002.395, or another state scholarship program under chapter
  743  1002, the school shall file in writing with the department a
  744  legally sufficient complaint within 30 days after the date on
  745  which the subject matter of the complaint came to the attention
  746  of the school. A complaint is legally sufficient if it contains
  747  ultimate facts that show a violation has occurred as provided in
  748  s. 1012.795 and defined by rule of the State Board of Education.
  749  The school shall include all known information relating to the
  750  complaint with the filing of the complaint. This paragraph does
  751  not limit or restrict the power and duty of the department to
  752  investigate complaints, regardless of the school’s untimely
  753  filing, or failure to file, complaints and followup reports.
  754         Section 10. This act shall take effect July 1, 2018.
  755