Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. CS for CS for SB 1712

401096

CHAMBER ACTION

Senate

Comm: RCS

3/20/2008

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House



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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 (with title amendment)

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     Delete lines 537 through 595

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and insert:

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     5. The sponsor of a charter school that fails to comply

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with this paragraph shall terminate the charter pursuant to

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subsection (8).

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     Section 15.  Paragraph (g) is added to subsection (7) of

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section 1002.36, Florida Statutes, to read:

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     1002.36  Florida School for the Deaf and the Blind.--

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     (7)  PERSONNEL SCREENING.--

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     (g) For the purpose of protecting the health, safety, or

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welfare of students and the ethical standards for professional

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educators, the Florida School for the Deaf and the Blind shall be

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considered a school district and shall meet the provisions of ss.

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1001.03, 1001.42, 1001.51, 1006.061, 1012.27, 1012.315, 1012.32,

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1012.56, 1012.33, 1012.795, and 1012.796.

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     Section 16.  Present subsections (4), (5), and (6) of

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section 1002.421, Florida Statutes, are redesignated as

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subsections (5), (6), and (7), respectively, and a new subsection

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(4) is added to that section, to read:

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     1002.421  Accountability of private schools participating in

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state school choice scholarship programs.--

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     (4) A private school participating in a scholarship program

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under this section shall:

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     (a) Disqualify from employment in an instructional or

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school administrator position that involves direct contact with

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students any individual convicted of a disqualifying offense

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identified under s. 1012.315.

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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 in professional development for all staff. The

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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 unethical conduct of an educator as described

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under s. 1012.795 is void, is contrary to public policy, and may

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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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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete lines 49 through 65

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and insert:

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standards; requiring the charter school sponsor to suspend

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the school's charter for failing to comply with these

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requirements; amending s. 1002.36, F.S.; requiring the

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Florida School for the Deaf and the Blind to meet certain

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requirements governing the screening of educators;

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amending ss. 1002.421 and 1002.55, F.S.; requiring owners

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of certain private schools and private prekindergarten

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providers to adopt ethical standards for all employees;

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prohibiting confidentiality agreements regarding

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terminated or dismissed employees which have the effect of

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concealing certain conduct; requiring such owners and

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providers to contact the previous employer of each

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instructional or administrative candidate for employment;

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amending ss. 1002.61,

3/18/2008  6:47:00 PM     5-05305-08

CODING: Words stricken are deletions; words underlined are additions.