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The Committee on Education Pre-K - 12 Appropriations (Wise)

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recommended the following amendment:

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     Senate Amendment

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     Delete lines 565 through 652

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and insert:

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     (b) Adopt and communicate policies and procedures setting

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forth ethical standards for all employees and include policies

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and procedures concerning professional development for all staff.

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The policies and procedures must include responsibilities and

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procedures for reporting suspected or actual misconduct by

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instructional personnel or a school administrator which affects

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the health, safety, or welfare of a student and an explanation of

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liability protections provided to students, parents, and

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employees under ss. 39.201, 39.202, and 768.095 who report

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suspected or actual misconduct that affects the health, safety,

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or welfare of a student. A private school or any of its employees

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may not enter into a confidentiality agreement regarding a

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terminated or dismissed employee or an employee who resigns in

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lieu of termination based in whole or in part on unethical

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conduct that affects the health, safety, or welfare of a student

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and may not provide the employee with a favorable recommendation

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for employment in another educational setting. Any portion of an

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agreement or contract that has the purpose or effect of

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concealing the misconduct of an educator is void, is contrary to

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public policy, and may not be enforced.

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     (c) Prior to appointing a candidate to an instructional or

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school administrator position that involves direct contact with

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students, contact the previous employer of the candidate to

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assess the candidate's ability to meet ethical standards for

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professional educators, screen the candidate through the use of

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educator screening tools described in s. 1001.10(5), and document

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the findings.

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The department shall prohibit a private school that accepts

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scholarship students under chapter 1002 or s. 220.187 and that

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fails to comply with this subsection from accepting such

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scholarship students and shall disqualify the private school from

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accepting funds under those programs for a period of 1 state

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fiscal year and until the private school complies with this

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subsection.

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     Section 17.  Present subsections (2), (3), and (4) of

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section 1002.55, Florida Statutes, are renumbered as subsections

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(3), (4), and (5), respectively, a new subsection (2) is added to

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that section, and present subsection (4) of that section is

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amended, to read:

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     1002.55  School-year prekindergarten program delivered by

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private prekindergarten providers.--

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     (2) A private provider participating in the Voluntary

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Prekindergarten Education Program under this section must comply

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with the following:

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     (a) The provider must complete ethics training that has

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been developed jointly by the Department of Children and Family

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Services, the Department of Education, and the Agency for

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Workforce Innovation. Such training shall include strategies on

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how to adopt and communicate policies, responsibilities, and

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procedures for reporting suspected or actual misconduct by a

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prekindergarten instructor or administrator which affects the

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health, safety, or welfare of a student, and an explanation of

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liability protections provided to students, parents, and

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employees under ss. 39.201, 39.202, and 768.095. Successful

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completion of training shall be documented on the child care

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personnel training transcript of the Department of Children and

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Family Services.

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     (b) The provider must disqualify from employment any

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prekindergarten instructor or administrator who has been

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convicted of a disqualifying offense identified under s. 435.04.

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     (c) Before appointing a candidate as a prekindergarten

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instructor or administrator, the provider must contact the

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candidate's previous employer pursuant to ss. 402.302(13) and

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435.10 to assess the candidate's ability to meet ethical

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standards for professional educators, screen the candidate

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through the use of the educator-screening tools described in s.

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1001.10(5) and the electronic database of the Department of

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Children and Family Services, and document the findings.

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     (d) The provider may not enter into a confidentiality

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agreement regarding a terminated or dismissed employee or an

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employee who resigns in lieu of termination based in whole or in

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part on unethical conduct that affects the health, safety, or

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welfare of a student and may not provide the employee with a

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favorable recommendation for employment in another educational

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setting. A portion of an agreement or contract that has the

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purpose or effect of concealing the misconduct of a

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prekindergarten instructor or administrator is void, is contrary

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to public policy, and may not be enforced.

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     (e) The Agency for Workforce Innovation shall prohibit a

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private provider that fails to comply with this subsection from

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accepting funds under the Voluntary Prekindergarten Program for a

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period of 1 state fiscal year and until the provider complies

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with this subsection.

3/19/2008  8:44:00 PM     602-05448A-08