Amendment
Bill No. CS/CS/CS/SB 1712

Amendment No. 547097

CHAMBER ACTION
Senate		House
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1	Policy & Budget Council offered the following:
2
3	Substitute Amendment for Amendment (907271) to Senate Bill
4	(with title amendment)
5	Remove everything after the enacting clause and insert:
6	Section 1.  This act may be cited as the "Ethics in
7	Education Act."
8	Section 2.  Paragraphs (c) and (d) of subsection (5) of
9	section 24.121, Florida Statutes, are amended to read:
10	24.121  Allocation of revenues and expenditure of funds for
11	public education.--
12	(5)
13	(c)  A portion of such net revenues, as determined annually
14	by the Legislature, shall be distributed to each school district
15	and shall be made available to each public school in the
16	district for enhancing school performance through development
17	and implementation of a school improvement plan pursuant to s.
18	1001.42(18) s. 1001.42(16). A portion of these moneys, as
19	determined annually in the General Appropriations Act, must be
20	allocated to each school in an equal amount for each student
21	enrolled. These moneys may be expended only on programs or
22	projects selected by the school advisory council or by a parent
23	advisory committee created pursuant to this paragraph. If a
24	school does not have a school advisory council, the district
25	advisory council must appoint a parent advisory committee
26	composed of parents of students enrolled in that school, which
27	committee is representative of the ethnic, racial, and economic
28	community served by the school, to advise the school's principal
29	on the programs or projects to be funded. Neither school
30	district staff nor principals may override the recommendations
31	of the school advisory council or the parent advisory committee.
32	These moneys may not be used for capital improvements or, nor
33	may they be used for any project or program that has a duration
34	of more than 1 year; however, a school advisory council or
35	parent advisory committee may independently determine that a
36	program or project formerly funded under this paragraph should
37	receive funds in a subsequent year.
38	(d)  No funds shall be released for any purpose from the
39	Educational Enhancement Trust Fund to any school district in
40	which one or more schools do not have an approved school
41	improvement plan pursuant to s. 1001.42(18) s. 1001.42(16) or do
42	not comply with school advisory council membership composition
43	requirements pursuant to s. 1001.452(1). The Commissioner of
44	Education shall withhold disbursements from the trust fund to
45	any school district that fails to adopt the performance-based
46	salary schedule required by s. 1012.22(1).
47	Section 3.  Paragraph (e) of subsection (2) of section
48	112.3173, Florida Statutes, is amended to read:
49	112.3173  Felonies involving breach of public trust and
50	other specified offenses by public officers and employees;
51	forfeiture of retirement benefits.--
52	(2)  DEFINITIONS.--As used in this section, unless the
53	context otherwise requires, the term:
54	(e)  "Specified offense" means:
55	1.  The committing, aiding, or abetting of an embezzlement
56	of public funds;
57	2.  The committing, aiding, or abetting of any theft by a
58	public officer or employee from his or her employer;
59	3.  Bribery in connection with the employment of a public
60	officer or employee;
61	4.  Any felony specified in chapter 838, except ss. 838.15
62	and 838.16;
63	5.  The committing of an impeachable offense; or
64	6.  The committing of any felony by a public officer or
65	employee who, willfully and with intent to defraud the public or
66	the public agency for which the public officer or employee acts
67	or in which he or she is employed of the right to receive the
68	faithful performance of his or her duty as a public officer or
69	employee, realizes or obtains, or attempts to realize or obtain,
70	a profit, gain, or advantage for himself or herself or for some
71	other person through the use or attempted use of the power,
72	rights, privileges, duties, or position of his or her public
73	office or employment position; or.
74	7.  The committing on or after October 1, 2008, of any
75	felony defined in s. 800.04 against a victim younger than 16
76	years of age, or any felony defined in chapter 794 against a
77	victim younger than 18 years of age, by a public officer or
78	employee through the use or attempted use of power, rights,
79	privileges, duties, or position of his or her public office or
80	employment position.
81	Section 4.  Paragraph (i) of subsection (5) of section
82	121.091, Florida Statutes, is redesignated as paragraph (j),
83	present paragraph (j) is redesignated as paragraph (k) and
84	amended, and a new paragraph (i) is added to that subsection, to
85	read:
86	121.091  Benefits payable under the system.--Benefits may
87	not be paid under this section unless the member has terminated
88	employment as provided in s. 121.021(39)(a) or begun
89	participation in the Deferred Retirement Option Program as
90	provided in subsection (13), and a proper application has been
91	filed in the manner prescribed by the department. The department
92	may cancel an application for retirement benefits when the
93	member or beneficiary fails to timely provide the information
94	and documents required by this chapter and the department's
95	rules. The department shall adopt rules establishing procedures
96	for application for retirement benefits and for the cancellation
97	of such application when the required information or documents
98	are not received.
99	(5)  TERMINATION BENEFITS.--A member whose employment is
100	terminated prior to retirement retains membership rights to
101	previously earned member-noncontributory service credit, and to
102	member-contributory service credit, if the member leaves the
103	member contributions on deposit in his or her retirement
104	account. If a terminated member receives a refund of member
105	contributions, such member may reinstate membership rights to
106	the previously earned service credit represented by the refund
107	by completing 1 year of creditable service and repaying the
108	refunded member contributions, plus interest.
109	(i)  The division may not pay benefits to any member
110	convicted of a felony committed on or after October 1, 2008,
111	defined in s. 800.04 against a victim younger than 16 years of
112	age, or defined in chapter 794 against a victim younger than 18
113	years of age, through the use or attempted use of power, rights,
114	privileges, duties, or position of the member's public office or
115	employment position. However, the division shall return the
116	member's accumulated contributions, if any, that the member
117	accumulated as of the date of conviction.
118	(k)(j)  Benefits shall not be paid by the division pending
119	final resolution of such charges against a member or beneficiary
120	if the resolution of such charges could require the forfeiture
121	of benefits as provided in paragraph (f), paragraph (g),
122	paragraph (h), or paragraph (i), or paragraph (j).
123	Section 5.  Section 794.09, Florida Statutes, is created to
124	read:
125	794.09  Forfeiture of retirement benefits.--The retirement
126	benefits of a person convicted of a felony committed on or after
127	October 1, 2008, under this chapter are subject to forfeiture in
128	accordance with s. 112.3173 or s. 121.091 if the person is a
129	public officer or employee when the offense occurs; the person
130	commits the offense through the use or attempted use of power,
131	rights, privileges, duties, or position of the person's public
132	office or employment position; and the victim is younger than 18
133	years of age when the offense occurs.
134	Section 6.  Section 800.05, Florida Statutes, is created
135	to:
136	800.05  Forfeiture of retirement benefits for a felony
137	defined in s. 800.04.--The retirement benefits of a person
138	convicted of a felony committed on or after October 1, 2008,
139	defined in s. 800.04 are subject to forfeiture in accordance
140	with s. 112.3173 or s. 121.091 if the person is a public officer
141	or employee when the offense occurs; the person commits the
142	offense through the use or attempted use of power, rights,
143	privileges, duties, or position of the person's public office or
144	employment position; and the victim is younger than 16 years of
145	age when the offense occurs.
146	Section 7.  Subsection (4) of section 1001.10, Florida
147	Statutes, is renumbered as subsection (6) and new subsections
148	(4) and (5) are added to that section to read:
149	1001.10  Commissioner of Education; general powers and
150	duties.--
151	(4)  The Department of Education shall provide technical
152	assistance to school districts, charter schools, the Florida
153	School for the Deaf and the Blind, and private schools that
154	accept scholarship students under s. 220.187 or s. 1002.39 in
155	the development of policies, procedures, and training related to
156	employment practices and standards of ethical conduct for
157	instructional personnel and school administrators, as defined in
158	s. 1012.01.
159	(5)  The Department of Education shall provide authorized
160	staff of school districts, charter schools, the Florida School
161	for the Deaf and the Blind, and private schools that accept
162	scholarship students under s. 220.187 or s. 1002.39 with access
163	to electronic verification of information from the following
164	employment screening tools:
165	(a)  The Professional Practices' Database of Disciplinary
166	Actions Against Educators; and
167	(b)  The Department of Education's Teacher Certification
168	Database.
169
170	This subsection does not require the department to provide these
171	staff with unlimited access to the databases. However, the
172	department shall provide the staff with access to the data
173	necessary for performing employment history checks of the
174	instructional personnel and school administrators included in
175	the databases.
176	Section 8.  Subsection (4) of section 1001.32, Florida
177	Statutes, is amended to read:
178	1001.32  Management, control, operation, administration,
179	and supervision.--The district school system must be managed,
180	controlled, operated, administered, and supervised as follows:
181	(4)  SCHOOL PRINCIPAL OR HEAD OF SCHOOL.--Responsibility
182	for the administration of any school or schools at a given
183	school center, for the supervision of instruction therein, and
184	for providing leadership in the development or revision and
185	implementation of a school improvement plan required by s.
186	1001.42(18) pursuant to s. 1001.42(16) shall be delegated to the
187	school principal or head of the school or schools in accordance
188	with rules established by the district school board.
189	Section 9.  Subsections (6) through (23) of section
190	1001.42, Florida Statutes, are renumbered as subsections (8)
191	through (25), respectively, and new subsections (6) and (7) are
192	added to that section to read:
193	1001.42  Powers and duties of district school board.--The
194	district school board, acting as a board, shall exercise all
195	powers and perform all duties listed below:
196	(6)  STANDARDS OF ETHICAL CONDUCT FOR INSTRUCTIONAL
197	PERSONNEL AND SCHOOL ADMINISTRATORS.--Adopt policies
198	establishing standards of ethical conduct for instructional
199	personnel and school administrators. The policies must require
200	all instructional personnel and school administrators, as
201	defined in s. 1012.01, to complete training on the standards;
202	establish the duty of instructional personnel and school
203	administrators to report, and procedures for reporting, alleged
204	misconduct by other instructional personnel and school
205	administrators which affects the health, safety, or welfare of a
206	student; and include an explanation of the liability protections
207	provided under ss. 39.203 and 768.095. A district school board,
208	or any of its employees, may not enter into a confidentiality
209	agreement regarding terminated or dismissed instructional
210	personnel or school administrators, or personnel or
211	administrators who resign in lieu of termination, based in whole
212	or in part on misconduct that affects the health, safety, or
213	welfare of a student, and may not provide instructional
214	personnel or school administrators with employment references or
215	discuss the personnel's or administrators' performance with
216	prospective employers in another educational setting, without
217	disclosing the personnel's or administrators' misconduct. Any
218	part of an agreement or contract that has the purpose or effect
219	of concealing misconduct by instructional personnel or school
220	administrators which affects the health, safety, or welfare of a
221	student is void, is contrary to public policy, and may not be
222	enforced.
223	(7)  DISQUALIFICATION FROM EMPLOYMENT.--Disqualify
224	instructional personnel and school administrators, as defined in
225	s. 1012.01, from employment in any position that requires direct
226	contact with students if the personnel or administrators are
227	ineligible for such employment under s. 1012.315. An elected or
228	appointed school board official forfeits his or her salary for 1
229	year if:
230	(a)  The school board official knowingly signs and
231	transmits to any state official a report of alleged misconduct
232	by instructional personnel or school administrators which
233	affects the health, safety, or welfare of a student and the
234	school board official knows the report to be false or incorrect;
235	or
236	(b)  The school board official knowingly fails to adopt
237	policies that require instructional personnel and school
238	administrators to report alleged misconduct by other
239	instructional personnel and school administrators, or that
240	require the investigation of all reports of alleged misconduct
241	by instructional personnel and school administrators, if the
242	misconduct affects the health, safety, or welfare of a student.
243	Section 10.  Paragraphs (a) and (c) of subsection (1) and
244	subsection (2) of section 1001.452, Florida Statutes, are
245	amended to read:
246	1001.452  District and school advisory councils.--
247	(1)  ESTABLISHMENT.--
248	(a)  The district school board shall establish an advisory
249	council for each school in the district and shall develop
250	procedures for the election and appointment of advisory council
251	members. Each school advisory council shall include in its name
252	the words "school advisory council." The school advisory council
253	shall be the sole body responsible for final decisionmaking at
254	the school relating to implementation of ss. 1001.42(18) the
255	provisions of ss. 1001.42(16) and 1008.345. A majority of the
256	members of each school advisory council must be persons who are
257	not employed by the school. Each advisory council shall be
258	composed of the principal and an appropriately balanced number
259	of teachers, education support employees, students, parents, and
260	other business and community citizens who are representative of
261	the ethnic, racial, and economic community served by the school.
262	Career center and high school advisory councils shall include
263	students, and middle and junior high school advisory councils
264	may include students. School advisory councils of career centers
265	and adult education centers are not required to include parents
266	as members. Council members representing teachers, education
267	support employees, students, and parents shall be elected by
268	their respective peer groups at the school in a fair and
269	equitable manner as follows:
270	1.  Teachers shall be elected by teachers.
271	2.  Education support employees shall be elected by
272	education support employees.
273	3.  Students shall be elected by students.
274	4.  Parents shall be elected by parents.
275
276	The district school board shall establish procedures to be used
277	for use by schools in selecting business and community members
278	that include means of ensuring wide notice of vacancies and of
279	taking input on possible members from local business, chambers
280	of commerce, community and civic organizations and groups, and
281	the public at large. The district school board shall review the
282	membership composition of each advisory council. If the district
283	school board determines that the membership elected by the
284	school is not representative of the ethnic, racial, and economic
285	community served by the school, the district school board shall
286	appoint additional members to achieve proper representation. The
287	commissioner shall determine if schools have maximized their
288	efforts to include on their advisory councils minority persons
289	and persons of lower socioeconomic status. Although schools are
290	strongly encouraged to establish school advisory councils, the
291	district school board of any school district that has a student
292	population of 10,000 or fewer may establish a district advisory
293	council which includes shall include at least one duly elected
294	teacher from each school in the district. For the purposes of
295	school advisory councils and district advisory councils, the
296	term "teacher" includes shall include classroom teachers,
297	certified student services personnel, and media specialists. For
298	purposes of this paragraph, "education support employee" means
299	any person employed by a school who is not defined as
300	instructional or administrative personnel pursuant to s. 1012.01
301	and whose duties require 20 or more hours in each normal working
302	week.
303	(c)  For those schools operating for the purpose of
304	providing educational services to youth in Department of
305	Juvenile Justice programs, district school boards may establish
306	a district advisory council with appropriate representatives for
307	the purpose of developing and monitoring a district school
308	improvement plan that encompasses all such schools in the
309	district, pursuant to s. 1001.42(18)(a) s. 1001.42(16)(a).
310	(2)  DUTIES.--Each advisory council shall perform such
311	functions as are prescribed by regulations of the district
312	school board; however, no advisory council shall have any of the
313	powers and duties now reserved by law to the district school
314	board. Each school advisory council shall assist in the
315	preparation and evaluation of the school improvement plan
316	required pursuant to s. 1001.42(18) s. 1001.42(16). With
317	technical assistance from the Department of Education, each
318	school advisory council shall assist in the preparation of the
319	school's annual budget and plan as required by s. 1008.385(1). A
320	portion of funds provided in the annual General Appropriations
321	Act for use by school advisory councils must be used for
322	implementing the school improvement plan.
323	Section 11.  Subsection (12) of section 1001.51, Florida
324	Statutes, is amended to read:
325	1001.51  Duties and responsibilities of district school
326	superintendent.--The district school superintendent shall
327	exercise all powers and perform all duties listed below and
328	elsewhere in the law, provided that, in so doing, he or she
329	shall advise and counsel with the district school board. The
330	district school superintendent shall perform all tasks necessary
331	to make sound recommendations, nominations, proposals, and
332	reports required by law to be acted upon by the district school
333	board. All such recommendations, nominations, proposals, and
334	reports by the district school superintendent shall be either
335	recorded in the minutes or shall be made in writing, noted in
336	the minutes, and filed in the public records of the district
337	school board. It shall be presumed that, in the absence of the
338	record required in this section, the recommendations,
339	nominations, and proposals required of the district school
340	superintendent were not contrary to the action taken by the
341	district school board in such matters.
342	(12)  RECORDS AND REPORTS.--Recommend such records as
343	should be kept in addition to those prescribed by rules of the
344	State Board of Education; prepare forms for keeping such records
345	as are approved by the district school board; ensure that such
346	records are properly kept; and make all reports that are needed
347	or required, as follows:
348	(a)  Forms, blanks, and reports.--Require that all
349	employees accurately keep all records and promptly make in
350	proper form all reports required by the education code or by
351	rules of the State Board of Education; recommend the keeping of
352	such additional records and the making of such additional
353	reports as may be deemed necessary to provide data essential for
354	the operation of the school system; and prepare such forms and
355	blanks as may be required and ensure that these records and
356	reports are properly prepared.
357	(b)  Reports to the department.--Prepare, for the approval
358	of the district school board, all reports that may be required
359	by law or rules of the State Board of Education to be made to
360	the department and transmit promptly all such reports, when
361	approved, to the department, as required by law. If any such
362	reports are not transmitted at the time and in the manner
363	prescribed by law or by State Board of Education rules, the
364	salary of the district school superintendent must be withheld
365	until the report has been properly submitted. Unless otherwise
366	provided by rules of the State Board of Education, the annual
367	report on attendance and personnel is due on or before July 1,
368	and the annual school budget and the report on finance are due
369	on the date prescribed by the commissioner.
370
371	Any district school superintendent who knowingly signs and
372	transmits to any state official a false or incorrect report that
373	the superintendent knows to be false or incorrect; who knowingly
374	fails to investigate any allegation of misconduct by
375	instructional personnel or school administrators, as defined in
376	s. 1012.01, which affects the health, safety, or welfare of a
377	student; or who knowingly fails to report the alleged misconduct
378	to the department as required in s. 1012.796, forfeits shall
379	forfeit his or her right to any salary for the period of 1 year
380	following the from that date of such act or failure to act.
381	Section 12.  Subsection (2) of section 1001.54, Florida
382	Statutes, is amended to read:
383	1001.54  Duties of school principals.--
384	(2)  Each school principal shall provide instructional
385	leadership in the development, revision, and implementation of a
386	school improvement plan pursuant to s. 1001.42(18) s.
387	1001.42(16).
388	Section 13.  Paragraph (b) of subsection (11) of section
389	1002.32, Florida Statutes, is amended to read:
390	1002.32  Developmental research (laboratory) schools.--
391	(11)  EXCEPTIONS TO LAW.--To encourage innovative practices
392	and facilitate the mission of the lab schools, in addition to
393	the exceptions to law specified in s. 1001.23(2), the following
394	exceptions shall be permitted for lab schools:
395	(b)  With the exception of s. 1001.42(18) s. 1001.42(16),
396	s. 1001.42 shall be held in abeyance. Reference to district
397	school boards in s. 1001.42(18) s. 1001.42(16) shall mean the
398	president of the university or the president's designee.
399	Section 14.  Paragraph (g) of subsection (12) of section
400	1002.33, Florida Statutes, is amended to read:
401	1002.33  Charter schools.--
402	(12)  EMPLOYEES OF CHARTER SCHOOLS.--
403	(g)1.  A charter school shall employ or contract with
404	employees who have undergone background screening as provided in
405	s. 1012.32. Members of the governing board of the charter school
406	shall also undergo background screening in a manner similar to
407	that provided in s. 1012.32.
408	2.  A charter school shall disqualify instructional
409	personnel and school administrators, as defined in s. 1012.01,
410	from employment in any position that requires direct contact
411	with students if the personnel or administrators are ineligible
412	for such employment under s. 1012.315.
413	3.  The governing board of a charter school shall adopt
414	policies establishing standards of ethical conduct for
415	instructional personnel and school administrators. The policies
416	must require all instructional personnel and school
417	administrators, as defined in s. 1012.01, to complete training
418	on the standards; establish the duty of instructional personnel
419	and school administrators to report, and procedures for
420	reporting, alleged misconduct by other instructional personnel
421	and school administrators which affects the health, safety, or
422	welfare of a student; and include an explanation of the
423	liability protections provided under ss. 39.203 and 768.095. A
424	charter school, or any of its employees, may not enter into a
425	confidentiality agreement regarding terminated or dismissed
426	instructional personnel or school administrators, or personnel
427	or administrators who resign in lieu of termination, based in
428	whole or in part on misconduct that affects the health, safety,
429	or welfare of a student, and may not provide instructional
430	personnel or school administrators with employment references or
431	discuss the personnel's or administrators' performance with
432	prospective employers in another educational setting, without
433	disclosing the personnel's or administrators' misconduct. Any
434	part of an agreement or contract that has the purpose or effect
435	of concealing misconduct by instructional personnel or school
436	administrators which affects the health, safety, or welfare of a
437	student is void, is contrary to public policy, and may not be
438	enforced.
439	4.  Before employing instructional personnel or school
440	administrators in any position that requires direct contact with
441	students, a charter school shall conduct employment history
442	checks of each of the personnel's or administrators' previous
443	employer, screen the instructional personnel or school
444	administrators through use of the educator screening tools
445	described in s. 1001.10(5), and document the findings. If unable
446	to contact a previous employer, the charter school must document
447	efforts to contact the employer.
448	5.  The sponsor of a charter school that knowingly fails to
449	comply with this paragraph shall terminate the charter under
450	subsection (8).
451	Section 15.  Paragraph (g) is added to subsection (7) of
452	section 1002.36, Florida Statutes, to read:
453	1002.36  Florida School for the Deaf and the Blind.--
454	(7)  PERSONNEL SCREENING.--
455	(g)  For purposes of protecting the health, safety, or
456	welfare of students, the Florida School for the Deaf and the
457	Blind is considered a school district and must, except as
458	otherwise provided in this section, comply with ss. 1001.03,
459	1001.42, 1001.51, 1006.061, 1012.27, 1012.315, 1012.32, 1012.33,
460	1012.56, 1012.795, and 1012.796.
461	Section 16.  Subsections (4), (5), and (6) of section
462	1002.421, Florida Statutes, are renumbered as subsections (5),
463	(6), and (7), respectively, and a new subsection (4) is added to
464	that section to read:
465	1002.421  Accountability of private schools participating
466	in state school choice scholarship programs.--
467	(4)  A private school that accepts scholarship students
468	under s. 220.187 or s. 1002.39 must:
469	(a)  Disqualify instructional personnel and school
470	administrators, as defined in s. 1012.01, from employment in any
471	position that requires direct contact with students if the
472	personnel or administrators are ineligible for such employment
473	under s. 1012.315.
474	(b)  Adopt policies establishing standards of ethical
475	conduct for instructional personnel and school administrators.
476	The policies must require all instructional personnel and school
477	administrators, as defined in s. 1012.01, to complete training
478	on the standards; establish the duty of instructional personnel
479	and school administrators to report, and procedures for
480	reporting, alleged misconduct by other instructional personnel
481	and school administrators which affects the health, safety, or
482	welfare of a student; and include an explanation of the
483	liability protections provided under ss. 39.203 and 768.095. A
484	private school, or any of its employees, may not enter into a
485	confidentiality agreement regarding terminated or dismissed
486	instructional personnel or school administrators, or personnel
487	or administrators who resign in lieu of termination, based in
488	whole or in part on misconduct that affects the health, safety,
489	or welfare of a student, and may not provide the instructional
490	personnel or school administrators with employment references or
491	discuss the personnel's or administrators' performance with
492	prospective employers in another educational setting, without
493	disclosing the personnel's or administrators' misconduct. Any
494	part of an agreement or contract that has the purpose or effect
495	of concealing misconduct by instructional personnel or school
496	administrators which affects the health, safety, or welfare of a
497	student is void, is contrary to public policy, and may not be
498	enforced.
499	(c)  Before employing instructional personnel or school
500	administrators in any position that requires direct contact with
501	students, conduct employment history checks of each of the
502	personnel's or administrators' previous employer, screen the
503	personnel or administrators through use of the educator
504	screening tools described in s. 1001.10(5), and document the
505	findings. If unable to contact a previous employer, the private
506	school must document efforts to contact the employer.
507
508	The department shall suspend the payment of funds under ss.
509	220.187 and 1002.39 to a private school that knowingly fails to
510	comply with this subsection, and shall prohibit the school from
511	enrolling new scholarship students, for 1 fiscal year and until
512	the school complies.
513	Section 17.  Subsection (2) of section 1003.413, Florida
514	Statutes, is amended to read:
515	1003.413  Florida Secondary School Redesign Act.--
516	(2)  The following guiding principles for secondary school
517	redesign shall be used in the annual preparation of each
518	secondary school's improvement plan required by s. 1001.42(18)
519	s. 1001.42(16):
520	(a)  Struggling students, especially those in failing
521	schools, need the highest quality teachers and dramatically
522	different, innovative approaches to teaching and learning.
523	(b)  Every teacher must contribute to every student's
524	reading improvement.
525	(c)  Quality professional development provides teachers and
526	principals with the tools they need to better serve students.
527	(d)  Small learning communities allow teachers to
528	personalize instruction to better address student learning
529	styles, strengths, and weaknesses.
530	(e)  Intensive intervention in reading and mathematics must
531	occur early and through innovative delivery systems.
532	(f)  Parents need access to tools they can use to monitor
533	their child's progress in school, communicate with teachers, and
534	act early on behalf of their child.
535	(g)  Applied and integrated courses help students see the
536	relationships between subjects and relevance to their futures.
537	(h)  School is more relevant when students choose courses
538	based on their goals, interests, and talents.
539	(i)  Master schedules should not determine instruction and
540	must be designed based on student needs, not adult or
541	institutional needs.
542	(j)  Academic and career planning engages students in
543	developing a personally meaningful course of study so they can
544	achieve goals they have set for themselves.
545	Section 18.  Paragraph (b) of subsection (2) of section
546	1003.53, Florida Statutes, is amended to read:
547	1003.53  Dropout prevention and academic intervention.--
548	(2)
549	(b)  Each school that establishes a dropout prevention and
550	academic intervention program at that school site shall reflect
551	that program in the school improvement plan as required under s.
552	1001.42(18) s. 1001.42(16).
553	Section 19.  Subsections (1) and (3) of section 1004.92,
554	Florida Statutes, are amended to read:
555	1004.92  Purpose and responsibilities for career
556	education.--
557	(1)  The purpose of career education is to enable students
558	who complete career programs to attain and sustain employment
559	and realize economic self-sufficiency. The purpose of this
560	section is to identify issues related to career education for
561	which school boards and community college boards of trustees are
562	accountable. It is the intent of the Legislature that the
563	standards articulated in subsection (2) be considered in the
564	development of accountability standards for public schools
565	pursuant to ss. 1000.03, 1001.42(18) 1001.42(16), and 1008.345
566	and for community colleges pursuant to s. 1008.45.
567	(3)  Each career center operated by a district school board
568	shall establish a center advisory council pursuant to s.
569	1001.452. The center advisory council shall assist in the
570	preparation and evaluation of center improvement plans required
571	pursuant to s. 1001.42(18) s. 1001.42(16) and may provide
572	assistance, upon the request of the center director, in the
573	preparation of the center's annual budget and plan as required
574	by s. 1008.385(1).
575	Section 20.  Section 1006.061, Florida Statutes, is amended
576	to read:
577	1006.061  Child abuse, abandonment, and neglect
578	policy.--Each district school board, charter school, and private
579	school that accepts scholarship students under s. 220.187 or s.
580	1002.39 shall:
581	(1)  Post in a prominent place in each school a notice
582	that, pursuant to chapter 39, all employees and agents of the
583	district school board, charter school, or private school have an
584	affirmative duty to report all actual or suspected cases of
585	child abuse, abandonment, or neglect; have immunity from
586	liability if they report such cases in good faith; and have a
587	duty to comply with child protective investigations and all
588	other provisions of law relating to child abuse, abandonment,
589	and neglect. The notice shall also include the statewide toll-
590	free telephone number of the central abuse hotline.
591	(2)  Post in a prominent place at each school site and on
592	each school's Internet website, if available, the policies and
593	procedures for reporting alleged misconduct by instructional
594	personnel or school administrators which affects the health,
595	safety, or welfare of a student; the contact person to whom the
596	report is made; and the penalties imposed on instructional
597	personnel or school administrators who fail to report suspected
598	or actual child abuse or alleged misconduct by other
599	instructional personnel or school administrators.
600	(3)(2)  Require the principal of the charter school or
601	private school, or the district school superintendent, or the
602	superintendent's designee, at the request of the Department of
603	Children and Family Services, to act as a liaison to the
604	Department of Children and Family Services and the child
605	protection team, as defined in s. 39.01, when in a case of
606	suspected child abuse, abandonment, or neglect or an unlawful
607	sexual offense involving a child the case is referred to such a
608	team; except that this does not relieve or restrict the
609	Department of Children and Family Services from discharging its
610	duty and responsibility under the law to investigate and report
611	every suspected or actual case of child abuse, abandonment, or
612	neglect or unlawful sexual offense involving a child.
613
614	The Department of Education shall develop, and publish on the
615	department's Internet website, sample notices suitable for
616	posting in accordance with subsections (1) and (2).
617	Section 21.  Subsection (4) of section 1008.33, Florida
618	Statutes, is amended to read:
619	1008.33  Authority to enforce public school
620	improvement.--It is the intent of the Legislature that all
621	public schools be held accountable for students performing at
622	acceptable levels. A system of school improvement and
623	accountability that assesses student performance by school,
624	identifies schools in which students are not making adequate
625	progress toward state standards, institutes appropriate measures
626	for enforcing improvement, and provides rewards and sanctions
627	based on performance shall be the responsibility of the State
628	Board of Education.
629	(4)  The State Board of Education may require the
630	Department of Education or Chief Financial Officer to withhold
631	any transfer of state funds to the school district if, within
632	the timeframe specified in state board action, the school
633	district has failed to comply with the action ordered to improve
634	the district's low-performing schools. Withholding the transfer
635	of funds shall occur only after all other recommended actions
636	for school improvement have failed to improve performance. The
637	State Board of Education may impose the same penalty on any
638	district school board that fails to develop and implement a plan
639	for assistance and intervention for low-performing schools as
640	specified in s. 1001.42(18)(c) s. 1001.42(16)(c).
641	Section 22.  Paragraph (c) of subsection (6) of section
642	1008.345, Florida Statutes, is amended to read:
643	1008.345  Implementation of state system of school
644	improvement and education accountability.--
645	(6)
646	(c)  Pursuant to s. 24.121(5)(d), the department shall not
647	release funds from the Educational Enhancement Trust Fund to any
648	district in which a school, including schools operating for the
649	purpose of providing educational services to youth in Department
650	of Juvenile Justice programs, does not have an approved school
651	improvement plan, pursuant to s. 1001.42(18) s. 1001.42(16),
652	after 1 full school year of planning and development, or does
653	not comply with school advisory council membership composition
654	requirements pursuant to s. 1001.452. The department shall send
655	a technical assistance team to each school without an approved
656	plan to develop such school improvement plan or to each school
657	without appropriate school advisory council membership
658	composition to develop a strategy for corrective action. The
659	department shall release the funds upon approval of the plan or
660	upon establishment of a plan of corrective action. Notice shall
661	be given to the public of the department's intervention and
662	shall identify each school without a plan or without appropriate
663	school advisory council membership composition.
664	Section 23.  Subsection (5) of section 1010.215, Florida
665	Statutes, is amended to read:
666	1010.215  Educational funding accountability.--
667	(5)  The annual school public accountability report
668	required by ss. 1001.42(18) 1001.42(16) and 1008.345 must
669	include a school financial report. The purpose of the school
670	financial report is to better inform parents and the public
671	concerning how funds were spent to operate the school during the
672	prior fiscal year. Each school's financial report must follow a
673	uniform, districtwide format that is easy to read and
674	understand.
675	(a)  Total revenue must be reported at the school,
676	district, and state levels. The revenue sources that must be
677	addressed are state and local funds, other than lottery funds;
678	lottery funds; federal funds; and private donations.
679	(b)  Expenditures must be reported as the total
680	expenditures per unweighted full-time equivalent student at the
681	school level and the average expenditures per full-time
682	equivalent student at the district and state levels in each of
683	the following categories and subcategories:
684	1.  Teachers, excluding substitute teachers, and education
685	paraprofessionals who provide direct classroom instruction to
686	students enrolled in programs classified by s. 1011.62 as:
687	a.  Basic programs;
688	b.  Students-at-risk programs;
689	c.  Special programs for exceptional students;
690	d.  Career education programs; and
691	e.  Adult programs.
692	2.  Substitute teachers.
693	3.  Other instructional personnel, including school-based
694	instructional specialists and their assistants.
695	4.  Contracted instructional services, including training
696	for instructional staff and other contracted instructional
697	services.
698	5.  School administration, including school-based
699	administrative personnel and school-based education support
700	personnel.
701	6.  The following materials, supplies, and operating
702	capital outlay:
703	a.  Textbooks;
704	b.  Computer hardware and software;
705	c.  Other instructional materials;
706	d.  Other materials and supplies; and
707	e.  Library media materials.
708	7.  Food services.
709	8.  Other support services.
710	9.  Operation and maintenance of the school plant.
711	(c)  The school financial report must also identify the
712	types of district-level expenditures that support the school's
713	operations. The total amount of these district-level
714	expenditures must be reported and expressed as total
715	expenditures per full-time equivalent student.
716	Section 24.  Paragraph (b) of subsection (6) of section
717	1011.18, Florida Statutes, is amended to read:
718	1011.18  School depositories; payments into and withdrawals
719	from depositories.--
720	(6)  EXEMPTION FOR SELF-INSURANCE PROGRAMS AND THIRD-PARTY
721	ADMINISTERED EMPLOYEES' FRINGE BENEFIT PROGRAMS.--
722	(b)  The district school board may contract with an
723	insurance company or professional administrator who holds a
724	valid certificate of authority issued by the Office of Insurance
725	Regulation of the Financial Services Commission to provide any
726	or all services that a third-party administrator is authorized
727	by law to perform. Pursuant to such contract, the district
728	school board may advance or remit money to the administrator to
729	be deposited in a designated special checking account for paying
730	claims against the district school board under its self-
731	insurance programs, and remitting premiums to the providers of
732	insured benefits on behalf of the district school board and the
733	participants in such programs, and otherwise fulfilling the
734	obligations imposed upon the administrator by law and the
735	contractual agreements between the district school board and the
736	administrator. The special checking account shall be maintained
737	in a designated district school depository. The district school
738	board may replenish such account as often as necessary upon the
739	presentation by the service organization of documentation for
740	claims or premiums due paid equal to the amount of the requested
741	reimbursement. Such replenishment shall be made by a warrant
742	signed by the chair of the district school board and
743	countersigned by the district school superintendent. Such
744	replenishment may be made by electronic, telephonic, or other
745	medium, and each transfer shall be confirmed in writing and
746	signed by the district school superintendent or his or her
747	designee. The provisions of strict accountability of all funds
748	and an annual audit by an independent certified public
749	accountant as provided in s. 1001.42(12)(k) s. 1001.42(10)(k)
750	shall apply to this subsection.
751	Section 25.  Subsection (6) of section 1012.27, Florida
752	Statutes, is renumbered as subsection (7), and a new subsection
753	(6) is added to that section to read:
754	1012.27  Public school personnel; powers and duties of
755	district school superintendent.--The district school
756	superintendent is responsible for directing the work of the
757	personnel, subject to the requirements of this chapter, and in
758	addition the district school superintendent shall perform the
759	following:
760	(6)  EMPLOYMENT HISTORY CHECKS.--Before employing
761	instructional personnel and school administrators, as defined in
762	s. 1012.01, in any position that requires direct contact with
763	students, conduct employment history checks of each of the
764	personnel's or administrators' previous employer, screen the
765	personnel or administrators through use of the educator
766	screening tools described in s. 1001.10(5), and document the
767	findings. If unable to contact a previous employer, the district
768	school superintendent shall document efforts to contact the
769	employer.
770	Section 26.  Section 1012.315, Florida Statutes, is created
771	to read:
772	1012.315  Disqualification from employment.--A person is
773	ineligible for educator certification, and instructional
774	personnel and school administrators, as defined in s. 1012.01,
775	are ineligible for employment in any position that requires
776	direct contact with students in a district school system,
777	charter school, or private school that accepts scholarship
778	students under s. 220.187 or s. 1002.39, if the person,
779	instructional personnel, or school administrator has been
780	convicted of any felony offense prohibited under any of the
781	following statutes:
782	(1)  Section 393.135, relating to sexual misconduct with
783	certain developmentally disabled clients and reporting of such
784	sexual misconduct.
785	(2)  Section 394.4593, relating to sexual misconduct with
786	certain mental health patients and reporting of such sexual
787	misconduct.
788	(3)  Section 415.111, relating to adult abuse, neglect, or
789	exploitation of aged persons or disabled adults.
790	(4)  Section 782.04, relating to murder.
791	(5)  Section 782.07, relating to manslaughter, aggravated
792	manslaughter of an elderly person or disabled adult, aggravated
793	manslaughter of a child, or aggravated manslaughter of an
794	officer, a firefighter, an emergency medical technician, or a
795	paramedic.
796	(6)  Section 782.09, relating to killing of an unborn quick
797	child by injury to the mother.
798	(7)  Section 784.021, relating to aggravated assault.
799	(8)  Section 784.045, relating to aggravated battery.
800	(9)  Section 784.075, relating to battery on a detention or
801	commitment facility staff member or a juvenile probation
802	officer.
803	(10)  Section 787.01, relating to kidnapping.
804	(11)  Section 787.02, relating to false imprisonment.
805	(12)  Section 787.025, relating to luring or enticing a
806	child.
807	(13)  Section 787.04(2), relating to leading, taking,
808	enticing, or removing a minor beyond the state limits, or
809	concealing the location of a minor, with criminal intent pending
810	custody proceedings.
811	(14)  Section 787.04(3), relating to leading, taking,
812	enticing, or removing a minor beyond the state limits, or
813	concealing the location of a minor, with criminal intent pending
814	dependency proceedings or proceedings concerning alleged abuse
815	or neglect of a minor.
816	(15)  Section 790.115(1), relating to exhibiting firearms
817	or weapons at a school-sponsored event, on school property, or
818	within 1,000 feet of a school.
819	(16)  Section 790.115(2)(b), relating to possessing an
820	electric weapon or device, destructive device, or other weapon
821	at a school-sponsored event or on school property.
822	(17)  Section 794.011, relating to sexual battery.
823	(18)  Section 794.05, relating to unlawful sexual activity
824	with certain minors.
825	(19)  Section 794.08, relating to female genital
826	mutilation.
827	(20)  Chapter 796, relating to prostitution.
828	(21)  Chapter 800, relating to lewdness and indecent
829	exposure.
830	(22)  Section 806.01, relating to arson.
831	(23)  Section 810.14, relating to voyeurism.
832	(24)  Section 810.145, relating to video voyeurism.
833	(25)  Section 812.014(6), relating to coordinating the
834	commission of theft in excess of $3,000.
835	(26)  Section 812.0145, relating to theft from persons 65
836	years of age or older.
837	(27)  Section 812.019, relating to dealing in stolen
838	property.
839	(28)  Section 812.13, relating to robbery.
840	(29)  Section 812.131, relating to robbery by sudden
841	snatching.
842	(30)  Section 812.133, relating to carjacking.
843	(31)  Section 812.135, relating to home-invasion robbery.
844	(32)  Section 817.563, relating to fraudulent sale of
845	controlled substances.
846	(33)  Section 825.102, relating to abuse, aggravated abuse,
847	or neglect of an elderly person or disabled adult.
848	(34)  Section 825.103, relating to exploitation of an
849	elderly person or disabled adult.
850	(35)  Section 825.1025, relating to lewd or lascivious
851	offenses committed upon or in the presence of an elderly person
852	or disabled person.
853	(36)  Section 826.04, relating to incest.
854	(37)  Section 827.03, relating to child abuse, aggravated
855	child abuse, or neglect of a child.
856	(38)  Section 827.04, relating to contributing to the
857	delinquency or dependency of a child.
858	(39)  Section 827.071, relating to sexual performance by a
859	child.
860	(40)  Section 843.01, relating to resisting arrest with
861	violence.
862	(41)  Chapter 847, relating to obscenity.
863	(42)  Section 874.05(1), relating to causing, encouraging,
864	soliciting, or recruiting another to join a criminal street
865	gang.
866	(43)  Chapter 893, relating to drug abuse prevention and
867	control, if the offense was a felony of the second degree or
868	greater severity.
869	(44)  Section 916.1075, relating to sexual misconduct with
870	certain forensic clients and reporting of such sexual
871	misconduct.
872	(45)  Section 944.47, relating to introduction, removal, or
873	possession of contraband at a correctional facility.
874	(46)  Section 985.701, relating to sexual misconduct in
875	juvenile justice programs.
876	(47)  Section 985.711, relating to introduction, removal,
877	or possession of contraband at a juvenile detention facility or
878	commitment program.
879	(48)  Any criminal act committed in another state or under
880	federal law which, if committed in this state, constitutes an
881	offense prohibited under any statute listed in subsections (1)-
882	(47).
883	(49)  Any delinquent act committed in this state or any
884	delinquent or criminal act committed in another state or under
885	federal law which, if committed in this state, qualifies an
886	individual for inclusion on the Registered Juvenile Sex Offender
887	List under s. 943.0435(1)(a)1.d.
888	Section 27.  Subsections (1) and (2) and paragraph (c) of
889	subsection (3) of section 1012.32, Florida Statutes, are amended
890	to read:
891	1012.32  Qualifications of personnel.--
892	(1)  To be eligible for appointment in any position in any
893	district school system, a person must shall be of good moral
894	character; must shall have attained the age of 18 years, if he
895	or she is to be employed in an instructional capacity; must not
896	be ineligible for such employment under s. 1012.315; and must
897	shall, when required by law, hold a certificate or license
898	issued under rules of the State Board of Education or the
899	Department of Children and Family Services, except when employed
900	pursuant to s. 1012.55 or under the emergency provisions of s.
901	1012.24. Previous residence in this state shall not be required
902	in any school of the state as a prerequisite for any person
903	holding a valid Florida certificate or license to serve in an
904	instructional capacity.
905	(2)(a)  Instructional and noninstructional personnel who
906	are hired or contracted to fill positions that require requiring
907	direct contact with students in any district school system or
908	university lab school must shall, upon employment or engagement
909	to provide services, undergo background screening as required
910	under s. 1012.465 or s. 1012.56, whichever is applicable.
911	(b)  Instructional and noninstructional personnel who are
912	hired or contracted to fill positions in any charter school and
913	members of the governing board of any charter school, in
914	compliance with s. 1002.33(12)(g), must shall, upon employment,
915	engagement of services, or appointment, undergo background
916	screening as required under s. 1012.465 or s. 1012.56, whichever
917	is applicable, by filing with the district school board for the
918	school district in which the charter school is located a
919	complete set of fingerprints taken by an authorized law
920	enforcement agency or an employee of the school or school
921	district who is trained to take fingerprints.
922	(c)  Instructional and noninstructional personnel who are
923	hired or contracted to fill positions that require requiring
924	direct contact with students in an alternative school that
925	operates under contract with a district school system must
926	shall, upon employment or engagement to provide services,
927	undergo background screening as required under s. 1012.465 or s.
928	1012.56, whichever is applicable, by filing with the district
929	school board for the school district to which the alternative
930	school is under contract a complete set of fingerprints taken by
931	an authorized law enforcement agency or an employee of the
932	school or school district who is trained to take fingerprints.
933	(d)  Student teachers, persons participating in a field
934	experience pursuant to s. 1004.04(6) or s. 1004.85, and persons
935	participating in a short-term experience as a teacher assistant
936	pursuant to s. 1004.04(10) in any district school system, lab
937	school, or charter school must shall, upon engagement to provide
938	services, undergo background screening as required under s.
939	1012.56.
940
941	Fingerprints shall be submitted to the Department of Law
942	Enforcement for statewide criminal and juvenile records checks
943	state processing and to the Federal Bureau of Investigation for
944	federal criminal records checks processing. A person Persons
945	subject to this subsection who is found ineligible for
946	employment under s. 1012.315, or otherwise found through
947	background screening fingerprint processing to have been
948	convicted of any a crime involving moral turpitude as defined by
949	rule of the State Board of Education, shall not be employed,
950	engaged to provide services, or serve in any position that
951	requires requiring direct contact with students. Probationary
952	persons subject to this subsection terminated because of their
953	criminal record have the right to appeal such decisions. The
954	cost of the background screening may be borne by the district
955	school board, the charter school, the employee, the contractor,
956	or a person subject to this subsection.
957	(3)
958	(c)  Personnel whose fingerprints are not retained by the
959	Department of Law Enforcement under paragraphs (a) and (b) must
960	are required to be refingerprinted and rescreened in accordance
961	with subsection (2) must meet level 2 screening requirements as
962	described in this section upon reemployment or reengagement to
963	provide services in order to comply with the requirements of
964	this subsection.
965	Section 28.  Paragraph (a) of subsection (1), paragraph (c)
966	of subsection (4), and paragraph (b) of subsection (6) of
967	section 1012.33, Florida Statutes, are amended to read:
968	1012.33  Contracts with instructional staff, supervisors,
969	and school principals.--
970	(1)(a)  Each person employed as a member of the
971	instructional staff in any district school system shall be
972	properly certified pursuant to s. 1012.56 or s. 1012.57 or
973	employed pursuant to s. 1012.39 and shall be entitled to and
974	shall receive a written contract as specified in this section.
975	All such contracts, except continuing contracts as specified in
976	subsection (4), shall contain provisions for dismissal during
977	the term of the contract only for just cause. Just cause
978	includes, but is not limited to, the following instances, as
979	defined by rule of the State Board of Education: immorality,
980	misconduct in office, incompetency, gross insubordination,
981	willful neglect of duty, or being convicted or found guilty of,
982	or entering a plea of guilty to, regardless of adjudication of
983	guilt, any or conviction of a crime involving moral turpitude.
984	(4)
985	(c)  Any member of the district administrative or
986	supervisory staff and any member of the instructional staff,
987	including any school principal, who is under continuing contract
988	may be suspended or dismissed at any time during the school
989	year; however, the charges against him or her must be based on
990	immorality, misconduct in office, incompetency, gross
991	insubordination, willful neglect of duty, drunkenness, or being
992	convicted or found guilty of, or entering a plea of guilty to,
993	regardless of adjudication of guilt, any conviction of a crime
994	involving moral turpitude, as these terms are defined by rule of
995	the State Board of Education. Whenever such charges are made
996	against an any such employee of the district school board, the
997	district school board may suspend such person without pay; but,
998	if the charges are not sustained, he or she shall be immediately
999	reinstated, and his or her back salary shall be paid. In cases
1000	of suspension by the district school board or by the district
1001	school superintendent, the district school board shall determine
1002	upon the evidence submitted whether the charges have been
1003	sustained and, if the charges are sustained, shall determine
1004	either to dismiss the employee or fix the terms under which he
1005	or she may be reinstated. If such charges are sustained by a
1006	majority vote of the full membership of the district school
1007	board and the such employee is discharged, his or her contract
1008	of employment shall be thereby canceled. Any such decision
1009	adverse to the employee may be appealed by the employee pursuant
1010	to s. 120.68, provided the such appeal is filed within 30 days
1011	after the decision of the district school board.
1012	(6)
1013	(b)  Any member of the district administrative or
1014	supervisory staff, including any principal but excluding an
1015	employee specified in subsection (4), may be suspended or
1016	dismissed at any time during the term of the contract; however,
1017	the charges against him or her must be based on immorality,
1018	misconduct in office, incompetency, gross insubordination,
1019	willful neglect of duty, drunkenness, or being convicted or
1020	found guilty of, or entering a plea of guilty, regardless of
1021	adjudication of guilt, conviction of any crime involving moral
1022	turpitude, as these terms are defined by rule of the State Board
1023	of Education. Whenever such charges are made against an any such
1024	employee of the district school board, the district school board
1025	may suspend the employee without pay; but, if the charges are
1026	not sustained, he or she shall be immediately reinstated, and
1027	his or her back salary shall be paid. In cases of suspension by
1028	the district school board or by the district school
1029	superintendent, the district school board shall determine upon
1030	the evidence submitted whether the charges have been sustained
1031	and, if the charges are sustained, shall determine either to
1032	dismiss the employee or fix the terms under which he or she may
1033	be reinstated. If such charges are sustained by a majority vote
1034	of the full membership of the district school board and the such
1035	employee is discharged, his or her contract of employment shall
1036	be thereby canceled. Any such decision adverse to the employee
1037	may be appealed by him or her pursuant to s. 120.68, provided
1038	such appeal is filed within 30 days after the decision of the
1039	district school board.
1040	Section 29.  Subsection (4) of section 1012.34, Florida
1041	Statutes, is amended to read:
1042	1012.34  Assessment procedures and criteria.--
1043	(4)  The district school superintendent shall notify the
1044	department of any instructional personnel who receive two
1045	consecutive unsatisfactory evaluations and who have been given
1046	written notice by the district that their employment is being
1047	terminated or is not being renewed or that the district school
1048	board intends to terminate, or not renew, their employment. The
1049	department shall conduct an investigation to determine whether
1050	action shall be taken against the certificateholder pursuant to
1051	s. 1012.795(1)(c) s. 1012.795(1)(b).
1052	Section 30.  Subsections (9) and (14) of section 1012.56,
1053	Florida Statutes, are amended to read:
1054	1012.56  Educator certification requirements.--
1055	(9)  BACKGROUND SCREENING REQUIRED, INITIALLY AND
1056	PERIODICALLY.--
1057	(a)  Each person who seeks certification under this chapter
1058	must be fingerprinted and screened meet level 2 screening
1059	requirements as described in accordance with s. 1012.32 and must
1060	not be ineligible for such certification under s. 1012.315. A
1061	person who has been screened in accordance with s. 1012.32
1062	unless a level 2 screening has been conducted by a district
1063	school board or the Department of Education within 12 months
1064	before the date the person initially obtains certification under
1065	this chapter, the results of which are submitted to the district
1066	school board or to the Department of Education, is not required
1067	to repeat the screening under this paragraph.
1068	(b)  A person may not receive a certificate under this
1069	chapter until the person's level 2 screening under s. 1012.32 is
1070	has been completed and the results have been submitted to the
1071	Department of Education or to the district school superintendent
1072	of the school district that employs the person. Every 5 years
1073	after obtaining initial certification, each person who is
1074	required to be certified under this chapter must be rescreened
1075	meet level 2 screening requirements as described in accordance
1076	with s. 1012.32, at which time the school district shall request
1077	the Department of Law Enforcement to forward the fingerprints to
1078	the Federal Bureau of Investigation for federal criminal records
1079	checks the level 2 screening. If, for any reason after obtaining
1080	initial certification, the fingerprints of a person who is
1081	required to be certified under this chapter are not retained by
1082	the Department of Law Enforcement under s. 1012.32(3)(a) and
1083	(b), the person must file a complete set of fingerprints with
1084	the district school superintendent of the employing school
1085	district. Upon submission of fingerprints for this purpose, the
1086	school district shall request the Department of Law Enforcement
1087	to forward the fingerprints to the Federal Bureau of
1088	Investigation for federal criminal records checks the level 2
1089	screening, and the fingerprints shall be retained by the
1090	Department of Law Enforcement under s. 1012.32(3)(a) and (b).
1091	The cost of the state and federal criminal history checks check
1092	required by paragraph (a) and this paragraph level 2 screening
1093	may be borne by the district school board or the employee. Under
1094	penalty of perjury, each person who is certified under this
1095	chapter must agree to inform his or her employer within 48 hours
1096	if convicted of any disqualifying offense while he or she is
1097	employed in a position for which such certification is required.
1098	(c)  If it is found under s. 1012.796 that a person who is
1099	employed in a position requiring certification under this
1100	chapter has does not been screened in accordance with s.
1101	1012.32, or is ineligible for such certification under s.
1102	1012.315 meet the level 2 screening requirements, the person's
1103	certification shall be immediately revoked or suspended and he
1104	or she shall be immediately suspended from the position
1105	requiring certification.
1106	(14)  PERSONNEL RECORDS.--The Department of Education shall
1107	maintain an electronic database that includes, but need not be
1108	limited to, a complete statement of the academic preparation,
1109	professional training, and teaching experience of each person to
1110	whom a certificate is issued. The applicant or the district
1111	school superintendent shall furnish the information using a
1112	format or forms provided by the department.
1113	Section 31.  Subsection (1) and paragraph (a) of subsection
1114	(8) of section 1012.79, Florida Statutes, are amended to read:
1115	1012.79  Education Practices Commission; organization.--
1116	(1)  The Education Practices Commission consists of 25 17
1117	members, including 8 7 teachers;, 5 administrators, at least one
1118	of whom shall represent a private school; 7 and 5 lay citizens,
1119	5 (of whom shall be parents of public school students and who
1120	are unrelated to public school employees and 2 of whom shall be
1121	former district school board members;), and 5 sworn law
1122	enforcement officials, appointed by the State Board of Education
1123	from nominations by the Commissioner of Education and subject to
1124	Senate confirmation. Prior to making nominations, the
1125	commissioner shall consult with the teaching associations,
1126	parent organizations, law enforcement agencies, and other
1127	involved associations in the state. In making nominations, the
1128	commissioner shall attempt to achieve equal geographical
1129	representation, as closely as possible.
1130	(a)  A teacher member, in order to be qualified for
1131	appointment:
1132	1.  Must be certified to teach in the state.
1133	2.  Must be a resident of the state.
1134	3.  Must have practiced the profession in this state for at
1135	least 5 years immediately preceding the appointment.
1136	(b)  A school administrator member, in order to be
1137	qualified for appointment:
1138	1.  Must have an endorsement on the educator certificate in
1139	the area of school administration or supervision.
1140	2.  Must be a resident of the state.
1141	3.  Must have practiced the profession as an administrator
1142	for at least 5 years immediately preceding the appointment.
1143	(c)  The lay members must be residents of the state.
1144	(d)  The law enforcement official members must have served
1145	in the profession for at least 5 years immediately preceding
1146	appointment and have background expertise in child safety.
1147	(8)(a)  The commission shall, from time to time, designate
1148	members of the commission to serve on panels for the purpose of
1149	reviewing and issuing final orders upon cases presented to the
1150	commission. A case concerning a complaint against a teacher
1151	shall be reviewed and a final order thereon shall be entered by
1152	a panel composed of five commission members, at least one of
1153	whom must be a parent or a sworn law enforcement officer and at
1154	least three of whom must shall be teachers. A case concerning a
1155	complaint against an administrator shall be reviewed and a final
1156	order thereon shall be entered by a panel composed of five
1157	commission members, at least one of whom must be a parent or a
1158	sworn law enforcement officer and at least three of whom must
1159	shall be administrators.
1160	Section 32.  Subsection (1) of section 1012.795, Florida
1161	Statutes, is amended to read:
1162	1012.795  Education Practices Commission; authority to
1163	discipline.--
1164	(1)  The Education Practices Commission may suspend the
1165	educator certificate of any person as defined in s. 1012.01(2)
1166	or (3) for a period of time not to exceed 5 years, thereby
1167	denying that person the right to teach or otherwise be employed
1168	by a district school board or public school in any capacity
1169	requiring direct contact with students for that period of time,
1170	after which the holder may return to teaching as provided in
1171	subsection (4); may revoke the educator certificate of any
1172	person, thereby denying that person the right to teach or
1173	otherwise be employed by a district school board or public
1174	school in any capacity requiring direct contact with students
1175	for a period of time not to exceed 10 years, with reinstatement
1176	subject to the provisions of subsection (4); may revoke
1177	permanently the educator certificate of any person thereby
1178	denying that person the right to teach or otherwise be employed
1179	by a district school board or public school in any capacity
1180	requiring direct contact with students; may suspend the educator
1181	certificate, upon order of the court, of any person found to
1182	have a delinquent child support obligation; or may impose any
1183	other penalty provided by law, if provided it can be shown that
1184	the person:
1185	(a)  Obtained or attempted to obtain an educator
1186	certificate by fraudulent means.
1187	(b)  Knowingly failed to report actual or suspected child
1188	abuse as required in s. 1006.061 or report alleged misconduct by
1189	instructional personnel or school administrators which affects
1190	the health, safety, or welfare of a student as required in s.
1191	1012.796.
1192	(c)(b)  Has proved to be incompetent to teach or to perform
1193	duties as an employee of the public school system or to teach in
1194	or to operate a private school.
1195	(d)(c)  Has been guilty of gross immorality or an act
1196	involving moral turpitude as defined by rule of the State Board
1197	of Education.
1198	(e)(d)  Has had an educator certificate sanctioned by
1199	revocation, suspension, or surrender in another state.
1200	(f)(e)  Has been convicted or found guilty of, or entered a
1201	plea of guilty to, regardless of adjudication of guilt, a
1202	misdemeanor, felony, or any other criminal charge, other than a
1203	minor traffic violation.
1204	(g)(f)  Upon investigation, has been found guilty of
1205	personal conduct which seriously reduces that person's
1206	effectiveness as an employee of the district school board.
1207	(h)(g)  Has breached a contract, as provided in s.
1208	1012.33(2).
1209	(i)(h)  Has been the subject of a court order directing the
1210	Education Practices Commission to suspend the certificate as a
1211	result of a delinquent child support obligation.
1212	(j)(i)  Has violated the Principles of Professional Conduct
1213	for the Education Profession prescribed by State Board of
1214	Education rules.
1215	(k)(j)  Has otherwise violated the provisions of law, the
1216	penalty for which is the revocation of the educator certificate.
1217	(l)(k)  Has violated any order of the Education Practices
1218	Commission.
1219	(m)(l)  Has been the subject of a court order or plea
1220	agreement in any jurisdiction which requires the
1221	certificateholder to surrender or otherwise relinquish his or
1222	her educator's certificate. A surrender or relinquishment shall
1223	be for permanent revocation of the certificate. A person may not
1224	surrender or otherwise relinquish his or her certificate prior
1225	to a finding of probable cause by the commissioner as provided
1226	in s. 1012.796.
1227	(n)  Has been disqualified from educator certification
1228	under s. 1012.315.
1229	Section 33.  Subsections (1), (3), and (5) of section
1230	1012.796, Florida Statutes, are amended to read:
1231	1012.796  Complaints against teachers and administrators;
1232	procedure; penalties.--
1233	(1)(a)  The Department of Education shall cause to be
1234	investigated expeditiously any complaint filed before it or
1235	otherwise called to its attention which, if legally sufficient,
1236	contains grounds for the revocation or suspension of a
1237	certificate or any other appropriate penalty as set forth in
1238	subsection (7). The complaint is legally sufficient if it
1239	contains the ultimate facts which show a violation has occurred
1240	as provided in s. 1012.795 and defined by rule of the State
1241	Board of Education. The department shall may investigate or
1242	continue to investigate and take appropriate action on a
1243	complaint even though the original complainant withdraws the
1244	complaint or otherwise indicates a desire not to cause it to be
1245	investigated or prosecuted to completion. The department may
1246	investigate or continue to investigate and take action on a
1247	complaint filed against a person whose educator certificate has
1248	expired if the act or acts that which are the basis for the
1249	complaint were allegedly committed while that person possessed
1250	an educator certificate.
1251	(b)  The department shall immediately investigate any
1252	legally sufficient complaint that involves misconduct by any
1253	certificated personnel which affects the health, safety, or
1254	welfare of a student, giving the complaint priority over other
1255	pending complaints. The department must investigate or continue
1256	to investigate and take action on such a complaint filed against
1257	a person whose educator certificate has expired if the act or
1258	acts that are the basis for the complaint were allegedly
1259	committed while that person possessed an educator certificate.
1260	(c)(b)  When an investigation is undertaken, the department
1261	shall notify the certificateholder or applicant for
1262	certification and the district school superintendent or the
1263	university laboratory school, charter school, or private school
1264	in which the certificateholder or applicant for certification is
1265	employed or was employed at the time the alleged offense
1266	occurred. In addition, the department shall inform the
1267	certificateholder or applicant for certification of the
1268	substance of any complaint which has been filed against that
1269	certificateholder or applicant, unless the department determines
1270	that such notification would be detrimental to the
1271	investigation, in which case the department may withhold
1272	notification.
1273	(d)(c)  Each school district shall file in writing with the
1274	department all legally sufficient complaints within 30 days
1275	after the date on which subject matter of the complaint comes to
1276	the attention of the school district. A complaint is legally
1277	sufficient if it contains ultimate facts that show a violation
1278	has occurred as provided in s. 1012.795 and defined by rule of
1279	the State Board of Education. The school district shall include
1280	all information relating to the complaint which is known to the
1281	school district at the time of filing. Each district school
1282	board shall develop and adopt policies and procedures to comply
1283	with this reporting requirement. School board policies and
1284	procedures must include standards for screening, hiring, and
1285	terminating instructional personnel and school administrators,
1286	as defined in s. 1012.01; standards of ethical conduct for
1287	instructional personnel and school administrators; the duties of
1288	instructional personnel and school administrators for upholding
1289	the standards; detailed procedures for reporting alleged
1290	misconduct by instructional personnel and school administrators
1291	which affects the health, safety, or welfare of a student;
1292	requirements for the reassignment of instructional personnel or
1293	school administrators pending the outcome of a misconduct
1294	investigation; and penalties for failing to comply with s.
1295	1001.51 or s. 1012.795. The district school board policies and
1296	procedures shall include appropriate penalties for all personnel
1297	of the district school board for nonreporting and procedures for
1298	promptly informing the district school superintendent of each
1299	legally sufficient complaint. The district school superintendent
1300	is charged with knowledge of these policies and procedures and
1301	is accountable for the training of all instructional personnel
1302	and school administrators of the school district on the
1303	standards of ethical conduct, policies, and procedures. If the
1304	district school superintendent has knowledge of a legally
1305	sufficient complaint and does not report the complaint, or fails
1306	to enforce the policies and procedures of the district school
1307	board, and fails to comply with the requirements of this
1308	subsection, in addition to other actions against
1309	certificateholders authorized by law, the district school
1310	superintendent is shall be subject to penalties as specified in
1311	s. 1001.51(12). If the superintendent determines that misconduct
1312	by instructional personnel or school administrators who hold an
1313	educator certificate affects the health, safety, or welfare of a
1314	student and the misconduct warrants termination, the
1315	instructional personnel or school administrators may resign or
1316	be terminated and the superintendent must report the misconduct
1317	to the department in the format prescribed by the department.
1318	The department shall maintain each report of misconduct as a
1319	public record in the instructional personnel's or school
1320	administrators' certification files. This paragraph does not
1321	limit or restrict the power and duty of the department to
1322	investigate complaints as provided in paragraphs (a) and (b),
1323	regardless of the school district's untimely filing, or failure
1324	to file, complaints and followup reports.
1325	(e)  If allegations arise against an employee who is
1326	certified under s. 1012.56 and employed in an educator-
1327	certificated position in any public school, the school shall
1328	file in writing with the department a legally sufficient
1329	complaint within 30 days after the date on which the subject
1330	matter of the complaint came to the attention of the school. A
1331	complaint is legally sufficient if it contains ultimate facts
1332	that show a violation has occurred as provided in s. 1012.795
1333	and defined by rule of the State Board of Education. The school
1334	shall include all known information relating to the complaint
1335	with the filing of the complaint. This paragraph does not limit
1336	or restrict the power and duty of the department to investigate
1337	complaints, regardless of the school's untimely filing, or
1338	failure to file, complaints and followup reports.
1339	(f)(d)  Notwithstanding any other law, all law enforcement
1340	agencies, state attorneys, social service agencies, district
1341	school boards, and the Division of Administrative Hearings shall
1342	fully cooperate with and, upon request, shall provide unredacted
1343	documents to the Department of Education to further
1344	investigations and prosecutions conducted pursuant to this
1345	section. Any document received pursuant to this paragraph may
1346	not be redisclosed except as authorized by law.
1347	(3)  The department staff shall advise the commissioner
1348	concerning the findings of the investigation. The department
1349	general counsel or members of that staff shall review the
1350	investigation and advise the commissioner concerning probable
1351	cause or lack thereof. The determination of probable cause shall
1352	be made by the commissioner. The commissioner shall provide an
1353	opportunity for a conference, if requested, prior to determining
1354	probable cause. The commissioner may enter into deferred
1355	prosecution agreements in lieu of finding probable cause if,
1356	when in his or her judgment, such agreements are would be in the
1357	best interests of the department, the certificateholder, and the
1358	public. Such deferred prosecution agreements shall become
1359	effective when filed with the clerk of the Education Practices
1360	Commission. However, a deferred prosecution agreement shall not
1361	be entered into if where there is probable cause to believe that
1362	a felony or an act of moral turpitude, as defined by rule of the
1363	State Board of Education, has occurred. Upon finding no probable
1364	cause, the commissioner shall dismiss the complaint.
1365	(5)  When an allegation of misconduct by instructional
1366	personnel or school administrators, as defined in s. 1012.01, is
1367	received, if the alleged misconduct affects deemed necessary to
1368	protect the health, safety, or and welfare of a minor student,
1369	and there is reason to believe that the allegation is true, the
1370	district school superintendent in consultation with the school
1371	principal, or may, and upon the request of the Commissioner of
1372	Education, must immediately shall, temporarily suspend the
1373	instructional personnel or school administrators a
1374	certificateholder from the certificateholder's regularly
1375	assigned duties, with pay, and reassign the suspended personnel
1376	or administrators certificateholder to positions a position that
1377	do does not require direct contact with students in the district
1378	school system. Such suspension shall continue until the
1379	completion of the proceedings and the determination of
1380	sanctions, if any, pursuant to this section and s. 1012.795.
1381	Section 34.  Paragraph (b) of subsection (4) of section
1382	1012.98, Florida Statutes, is amended to read:
1383	1012.98  School Community Professional Development Act.--
1384	(4)  The Department of Education, school districts,
1385	schools, community colleges, and state universities share the
1386	responsibilities described in this section. These
1387	responsibilities include the following:
1388	(b)  Each school district shall develop a professional
1389	development system as specified in subsection (3). The system
1390	shall be developed in consultation with teachers, teacher-
1391	educators of community colleges and state universities, business
1392	and community representatives, and local education foundations,
1393	consortia, and professional organizations. The professional
1394	development system must:
1395	1.  Be approved by the department. All substantial
1396	revisions to the system shall be submitted to the department for
1397	review for continued approval.
1398	2.  Be based on analyses of student achievement data and
1399	instructional strategies and methods that support rigorous,
1400	relevant, and challenging curricula for all students. Schools
1401	and districts, in developing and refining the professional
1402	development system, shall also review and monitor school
1403	discipline data; school environment surveys; assessments of
1404	parental satisfaction; performance appraisal data of teachers,
1405	managers, and administrative personnel; and other performance
1406	indicators to identify school and student needs that can be met
1407	by improved professional performance.
1408	3.  Provide inservice activities coupled with followup
1409	support appropriate to accomplish district-level and school-
1410	level improvement goals and standards. The inservice activities
1411	for instructional personnel shall focus on analysis of student
1412	achievement data, ongoing formal and informal assessments of
1413	student achievement, identification and use of enhanced and
1414	differentiated instructional strategies that emphasize rigor,
1415	relevance, and reading in the content areas, enhancement of
1416	subject content expertise, integrated use of classroom
1417	technology that enhances teaching and learning, classroom
1418	management, parent involvement, and school safety.
1419	4.  Include a master plan for inservice activities,
1420	pursuant to rules of the State Board of Education, for all
1421	district employees from all fund sources. The master plan shall
1422	be updated annually by September 1, must be based on input from
1423	teachers and district and school instructional leaders, and must
1424	use the latest available student achievement data and research
1425	to enhance rigor and relevance in the classroom. Each district
1426	inservice plan must be aligned to and support the school-based
1427	inservice plans and school improvement plans pursuant to s.
1428	1001.42(18) s. 1001.42(16). District plans must be approved by
1429	the district school board annually in order to ensure compliance
1430	with subsection (1) and to allow for dissemination of research-
1431	based best practices to other districts. District school boards
1432	must submit verification of their approval to the Commissioner
1433	of Education no later than October 1, annually.
1434	5.  Require each school principal to establish and maintain
1435	an individual professional development plan for each
1436	instructional employee assigned to the school as a seamless
1437	component to the school improvement plans developed pursuant to
1438	s. 1001.42(18) s. 1001.42(16). The individual professional
1439	development plan must:
1440	a.  Be related to specific performance data for the
1441	students to whom the teacher is assigned.
1442	b.  Define the inservice objectives and specific measurable
1443	improvements expected in student performance as a result of the
1444	inservice activity.
1445	c.  Include an evaluation component that determines the
1446	effectiveness of the professional development plan.
1447	6.  Include inservice activities for school administrative
1448	personnel that address updated skills necessary for
1449	instructional leadership and effective school management
1450	pursuant to s. 1012.986.
1451	7.  Provide for systematic consultation with regional and
1452	state personnel designated to provide technical assistance and
1453	evaluation of local professional development programs.
1454	8.  Provide for delivery of professional development by
1455	distance learning and other technology-based delivery systems to
1456	reach more educators at lower costs.
1457	9.  Provide for the continuous evaluation of the quality
1458	and effectiveness of professional development programs in order
1459	to eliminate ineffective programs and strategies and to expand
1460	effective ones. Evaluations must consider the impact of such
1461	activities on the performance of participating educators and
1462	their students' achievement and behavior.
1463	Section 35.  Subsection (4) of section 1013.03, Florida
1464	Statutes, is amended to read:
1465	1013.03  Functions of the department and the Board of
1466	Governors.--The functions of the Department of Education as it
1467	pertains to educational facilities of school districts and
1468	community colleges and of the Board of Governors as it pertains
1469	to educational facilities of state universities shall include,
1470	but not be limited to, the following:
1471	(4)  Require each board and other appropriate agencies to
1472	submit complete and accurate financial data as to the amounts of
1473	funds from all sources that are available and spent for
1474	construction and capital improvements. The commissioner shall
1475	prescribe the format and the date for the submission of this
1476	data and any other educational facilities data. If any district
1477	does not submit the required educational facilities fiscal data
1478	by the prescribed date, the Commissioner of Education shall
1479	notify the district school board of this fact and, if
1480	appropriate action is not taken to immediately submit the
1481	required report, the district school board shall be directed to
1482	proceed pursuant to s. 1001.42(13)(b) the provisions of s.
1483	1001.42(11)(b). If any community college or university does not
1484	submit the required educational facilities fiscal data by the
1485	prescribed date, the same policy prescribed in this subsection
1486	for school districts shall be implemented.
1487	Section 36.  The sum of $153,872 is appropriated from the
1488	Educational Certification and Services Trust Fund to the
1489	Department of Education for the 2008-2009 fiscal year, and two
1490	additional full-time equivalent positions and associated salary
1491	rate of 90,088 are authorized, for the purpose of implementing
1492	this act.
1493	Section 37.  This act shall take effect July 1, 2008.
1494
1495
1496	-----------------------------------------------------
1497	T I T L E  A M E N D M E N T
1498	Remove the entire title and insert:
1499	A bill to be entitled
1500	An act relating to ethics; providing a short title; amending s.
1501	24.121, F.S., relating to public school funding; conforming
1502	cross-references; amending s. 112.3173, F.S.; specifying certain
1503	felony offenses against a minor as additional offenses that
1504	constitute a breach of the public trust; requiring a person
1505	committing such an offense to forfeit benefits under certain
1506	public retirement systems; amending s. 121.091, F.S.;
1507	prohibiting the Division of Retirement from paying benefits to a
1508	member who commits certain felony offenses against a minor;
1509	conforming a cross-reference; creating ss. 794.09 and 800.05,
1510	F.S.; providing notice in the criminal statutes that certain
1511	retirement benefits are subject to forfeiture for committing
1512	certain felony offenses against a minor; amending s. 1001.10,
1513	F.S.; requiring the Department of Education to assist school
1514	districts, charter schools, the Florida School for the Deaf and
1515	the Blind, and private schools that accept school choice
1516	scholarship students in developing policies, procedures, and
1517	training related to employment practices and standards of
1518	ethical conduct; requiring the department to provide authorized
1519	staff with access to certain databases for employment history
1520	verification; amending s. 1001.32, F.S., relating to school
1521	administration; conforming a cross-reference; amending s.
1522	1001.42, F.S.; requiring each district school board to adopt
1523	standards of ethical conduct and provide training for
1524	instructional personnel and school administrators; prohibiting
1525	confidentiality agreements regarding terminated or dismissed
1526	instructional personnel and school administrators which have the
1527	effect of concealing certain misconduct; prohibiting a school
1528	district from providing employment references for specified
1529	personnel and administrators except under certain circumstances;
1530	requiring a person who committed certain crimes to be
1531	disqualified from employment in certain positions in a district
1532	school system under specified conditions; providing that a
1533	district school board official who knowingly signs and transmits
1534	a false or incorrect report, or fails to adopt certain policies,
1535	forfeits his or her salary for a specified period; amending s.
1536	1001.452, F.S., relating to district and school advisory
1537	councils; conforming cross-references; amending s. 1001.51,
1538	F.S.; providing that a district school superintendent forfeits
1539	his or her salary for a specified period following failure to
1540	investigate and report allegations of certain misconduct by
1541	specified personnel or administrators; amending ss. 1001.54 and
1542	1002.32, F.S., relating to duties of principals and laboratory
1543	schools; conforming cross-references; amending s. 1002.33, F.S.;
1544	requiring a person who committed certain crimes to be
1545	disqualified from employment in certain positions in a charter
1546	school under specified conditions; requiring charter schools to
1547	adopt standards of ethical conduct and provide training for all
1548	instructional personnel and school administrators; prohibiting
1549	confidentiality agreements regarding terminated or dismissed
1550	instructional personnel and school administrators which have the
1551	effect of concealing certain misconduct; prohibiting a charter
1552	school from providing employment references for specified
1553	personnel and administrators except under certain circumstances;
1554	requiring a charter school to contact the previous employer, and
1555	verify the employment history against certain databases, of
1556	persons seeking employment in certain positions; requiring a
1557	charter school's sponsor to terminate the school's charter for
1558	failing to comply with these requirements; amending s. 1002.36,
1559	F.S.; requiring the Florida School for the Deaf and the Blind to
1560	meet certain requirements governing the screening of personnel;
1561	amending s. 1002.421, F.S.; requiring a person who committed
1562	certain crimes to be disqualified from employment in certain
1563	positions in a private school that accepts certain scholarship
1564	students under specified conditions; requiring certain private
1565	schools to adopt standards of ethical conduct and provide
1566	training for all instructional personnel and school
1567	administrators; prohibiting confidentiality agreements regarding
1568	terminated or dismissed instructional personnel or school
1569	administrators which have the effect of concealing certain
1570	misconduct; prohibiting a private school from providing
1571	employment references for specified personnel and administrators
1572	except under certain circumstances; requiring a private school
1573	to contact the previous employer, and verify the employment
1574	history against certain databases, of persons seeking employment
1575	in certain positions; requiring the Department of Education to
1576	suspend enrollment of new students and the payment of funds to a
1577	private school failing to comply with these requirements;
1578	amending ss. 1003.413, 1003.53, and 1004.92, F.S., relating to
1579	educational instruction and programs; conforming cross-
1580	references; amending s. 1006.061, F.S.; requiring district
1581	school boards, charter schools, and private schools that accept
1582	certain scholarship students to post policies for reporting
1583	child abuse and misconduct by specified personnel and
1584	administrators; requiring the principal of such schools to act
1585	as a liaison in suspected cases of child abuse; requiring the
1586	Department of Education to publish sample notices; amending ss.
1587	1008.33, 1008.345, 1010.215, and 1011.18, F.S., relating to
1588	accountability procedures; conforming cross-references; amending
1589	s. 1012.27, F.S.; requiring the district school superintendent
1590	to contact the previous employer, and verify the employment
1591	history against certain databases, of persons seeking employment
1592	in certain positions; creating s. 1012.315, F.S.; specifying
1593	offenses that disqualify instructional personnel and school
1594	administrators from employment in certain positions that require
1595	direct contact with students; amending s. 1012.32, F.S.;
1596	requiring specified personnel or administrators who committed
1597	certain crimes to be disqualified from employment in certain
1598	positions in a district school system or charter school under
1599	specified conditions; amending s. 1012.33, F.S.; providing that
1600	just cause for terminating instructional staff includes
1601	immorality or commission of certain crimes; amending s. 1012.34,
1602	F.S., relating to assessment procedures; conforming a cross-
1603	reference; amending s. 1012.56, F.S., relating to certification
1604	requirements for educators; revising requirements for conducting
1605	state and federal criminal records checks of persons seeking
1606	certification; requiring a person who committed certain crimes
1607	to be ineligible for certification under specified conditions;
1608	providing for the Department of Education to maintain educator
1609	records in an electronic database; amending s. 1012.79, F.S.;
1610	providing for additional members to be appointed to the
1611	Education Practices Commission; revising the composition of
1612	panels appointed to review complaints against teachers and
1613	administrators; amending s. 1012.795, F.S.; providing for the
1614	suspension of the educator certificate of a person who knowingly
1615	fails to report child abuse or misconduct by specified personnel
1616	or administrators; clarifying authority of the commission to
1617	discipline educators who commit certain crimes; amending s.
1618	1012.796, F.S.; requiring the Department of Education to
1619	investigate each complaint involving misconduct by certificated
1620	personnel; clarifying what constitutes a legally sufficient
1621	complaint; providing requirements for school board policies and
1622	procedures relating to standards of ethical conduct; providing
1623	that the district school superintendent is accountable for
1624	training of instructional personnel and school administrators on
1625	the standards, policies, and procedures; requiring employers of
1626	certificated personnel to report misconduct by such personnel to
1627	the Department of Education; requiring that instructional
1628	personnel or school administrators be immediately suspended and
1629	reassigned under certain circumstances; amending ss. 1012.98 and
1630	1013.03, F.S., relating to the School Community Professional
1631	Development Act and functions of the Department of Education and
1632	Board of Governors; conforming cross-references; providing an
1633	appropriation and authorizing additional positions; providing an
1634	effective date.

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