Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. SB 1712
952412
Senate
Comm: RCS
3/5/2008
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House
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The Committee on Education Pre-K - 12 (Gaetz) recommended the
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following amendment:
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Senate Amendment (with title amendment)
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Delete everything after the enacting clause
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and insert:
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Section 1. This act may be cited as the "Ethics in
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Education Act."
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Section 2. Paragraphs (c) and (d) of subsection (5) of
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section 24.121, Florida Statutes, are amended to read:
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24.121 Allocation of revenues and expenditure of funds for
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public education.--
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(5)
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(c) A portion of such net revenues, as determined annually
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by the Legislature, shall be distributed to each school district
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and shall be made available to each public school in the
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district for enhancing school performance through development
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and implementation of a school improvement plan pursuant to s.
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1001.42(18) s. 1001.42(16). A portion of these moneys, as
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determined annually in the General Appropriations Act, must be
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allocated to each school in an equal amount for each student
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enrolled. These moneys may be expended only on programs or
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projects selected by the school advisory council or by a parent
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advisory committee created pursuant to this paragraph. If a
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school does not have a school advisory council, the district
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advisory council must appoint a parent advisory committee
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composed of parents of students enrolled in that school, which
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committee is representative of the ethnic, racial, and economic
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community served by the school, to advise the school's principal
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on the programs or projects to be funded. Neither school
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district staff nor principals may override the recommendations
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of the school advisory council or the parent advisory committee.
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These moneys may not be used for capital improvements or, nor
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may they be used for any project or program that has a duration
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of more than 1 year; however, a school advisory council or
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parent advisory committee may independently determine that a
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program or project formerly funded under this paragraph should
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receive funds in a subsequent year.
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(d) No funds shall be released for any purpose from the
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Educational Enhancement Trust Fund to any school district in
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which one or more schools do not have an approved school
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improvement plan pursuant to s. 1001.42(18) s. 1001.42(16) or do
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not comply with school advisory council membership composition
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requirements pursuant to s. 1001.452(1). The Commissioner of
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Education shall withhold disbursements from the trust fund to
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any school district that fails to adopt the performance-based
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salary schedule required by s. 1012.22(1).
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Section 3. Paragraph (e) of subsection (2) of section
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112.3173, Florida Statutes, is amended to read:
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112.3173 Felonies involving breach of public trust and
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other specified offenses by public officers and employees;
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forfeiture of retirement benefits.--
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(2) DEFINITIONS.--As used in this section, unless the
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context otherwise requires, the term:
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(e) "Specified offense" means:
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1. The committing, aiding, or abetting of an embezzlement
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of public funds;
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2. The committing, aiding, or abetting of any theft by a
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public officer or employee from his or her employer;
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3. Bribery in connection with the employment of a public
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officer or employee;
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4. Any felony specified in chapter 838, except ss. 838.15
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and 838.16;
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5. The committing of an impeachable offense; or
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6. The committing of any felony by a public officer or
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employee who, willfully and with intent to defraud the public or
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the public agency for which the public officer or employee acts
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or in which he or she is employed of the right to receive the
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faithful performance of his or her duty as a public officer or
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employee, realizes or obtains, or attempts to realize or obtain,
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a profit, gain, or advantage for himself or herself or for some
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other person through the use or attempted use of the power,
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rights, privileges, duties, or position of his or her public
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office or employment position; or.
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7. Effective October 1, 2008, the committing of any felony
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defined in s. 800.04 against a victim younger than 16 years of
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age or any felony defined in chapter 794, s. 800.02, or s.
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800.03 against a victim younger than 18 years of age by a public
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officer or employee through the use or attempted use of power,
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rights, privileges, duties, or position of his or her public
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office or employment position.
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Section 4. Present paragraphs (i) and (j) of subsection
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(5) of section 121.091, Florida Statutes, are redesignated as
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subsections (j) and (k), respectively, and a new paragraph (i)
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is added to that subsecection, to read:
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121.091 Benefits payable under the system.--Benefits may
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not be paid under this section unless the member has terminated
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employment as provided in s. 121.021(39)(a) or begun
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participation in the Deferred Retirement Option Program as
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provided in subsection (13), and a proper application has been
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filed in the manner prescribed by the department. The department
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may cancel an application for retirement benefits when the
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member or beneficiary fails to timely provide the information
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and documents required by this chapter and the department's
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rules. The department shall adopt rules establishing procedures
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for application for retirement benefits and for the cancellation
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of such application when the required information or documents
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are not received.
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(5) TERMINATION BENEFITS.--A member whose employment is
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terminated prior to retirement retains membership rights to
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previously earned member-noncontributory service credit, and to
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member-contributory service credit, if the member leaves the
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member contributions on deposit in his or her retirement
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account. If a terminated member receives a refund of member
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contributions, such member may reinstate membership rights to
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the previously earned service credit represented by the refund
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by completing 1 year of creditable service and repaying the
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refunded member contributions, plus interest.
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(i) Effective October 1, 2008, except for the return of
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the member's accumulated contributions as of the date of
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conviction, the division may not pay benefits to any member who
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has committed any felony defined in s. 800.04 against a victim
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younger than 16 years of age or any felony defined in chapter
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794, s. 800.02, or s. 800.03 against a victim younger than 18
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years of age through the use or attempted use of power, rights,
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privileges, duties, or position of his or her public office or
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employment position.
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Section 5. Present subsection (4) of section 1001.10,
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Florida Statutes, is redesignated as subsection (5), and new
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subsections (4) and (5) are added to that section, to read:
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1001.10 Commissioner of Education; general powers and
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duties.--
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(4) The Commissioner of Education shall provide technical
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assistance to local school districts, charter schools, the
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Florida School for the Deaf and the Blind, private schools that
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accept scholarship students under chapter 1002 or s. 220.187,
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and private providers pursuant to s. 1002.55 in the development
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of policies, procedures, and training related to educator ethics
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and employment practices.
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(5) The Department of Education shall provide authorized
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staff of local school districts, charter schools, the Florida
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School for the Deaf and the Blind, private schools that accept
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scholarship students under chapter 1002 or s. 220.187, and
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private providers pursuant to s. 1002.55 with secure access to
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the following employment-screening tools:
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(a) The Professional Practices' Database of Disciplinary
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Actions Against Educators;
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(b) The Department of Education's Teacher Certification
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Database; and
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(c) The Department of Education's Educator Employment
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Information Database.
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Section 6. Subsection (4) of section 1001.32, Florida
143
Statutes, is amended to read:
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1001.32 Management, control, operation, administration,
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and supervision.--The district school system must be managed,
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controlled, operated, administered, and supervised as follows:
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(4) SCHOOL PRINCIPAL OR HEAD OF SCHOOL.--Responsibility
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for the administration of any school or schools at a given
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school center, for the supervision of instruction therein, and
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for providing leadership in the development or revision and
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implementation of a school improvement plan required by s.
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1001.42(18) pursuant to s. 1001.42(16) shall be delegated to the
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school principal or head of the school or schools in accordance
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with rules established by the district school board.
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Section 7. Present subsections (6) through (23) of section
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1001.42, Florida Statutes, are redesignated as subsections (8)
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through (25), respectively, and new subsections (6) and (7) are
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added to that section, to read:
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1001.42 Powers and duties of district school board.--The
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district school board, acting as a board, shall exercise all
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powers and perform all duties listed below:
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(6) ESTABLISH ETHICAL STANDARDS.--Adopt and communicate
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policies and procedures setting forth ethical standards for all
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employees. The policies and procedures must include
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responsibilities and procedures for reporting suspected or
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actual misconduct by instructional personnel, as defined in s.
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1012.01(2), which affects the health, safety, or welfare of a
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student and an explanation of liability protections provided to
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students, parents, and employees under ss. 39.201, 39.202, and
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768.095 who report suspected or actual misconduct. A district
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school board or any of its employees may not enter into a
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confidentiality agreement regarding a terminated or dismissed
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employee or an employee who resigns in lieu of termination based
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in whole or in part on unethical conduct that affects the
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health, safety, or welfare of a student and may not provide the
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employee with a favorable recommendation for employment in
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another educational setting. Any portion of an agreement or
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contract that has the purpose or effect of concealing the
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conduct of an educator regarding actions over which the
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Education Practices Commission has disciplinary jurisdiction is
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void, is contrary to public policy, and may not be enforced.
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(7) EMPLOYMENT DISQUALIFICATIONS.--Disqualify from
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employment any instructional personnel, as defined in s.
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1012.01(2), who are convicted of a disqualifying offense as
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described in s. 1012.315. An elected or appointed school board
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official who knowingly signs and transmits to any state official
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a false or incorrect report or who fails to support the adoption
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of policies that ensure the investigation of all reports of
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suspected or actual misconduct by instructional personnel, as
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defined in s. 1012.01(2), which affects the health, safety, or
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welfare of a student and the reporting of allegations of
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misconduct by such personnel which affects the health, safety,
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or welfare of a student pursuant to s. 1012.796 forfeits his or
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her salary for 1 year.
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Section 8. Paragraphs (a) and (c) of subsection (1) and
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subsection (2) of section 1001.452, Florida Statutes, are
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amended to read:
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1001.452 District and school advisory councils.--
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(1) ESTABLISHMENT.--
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(a) The district school board shall establish an advisory
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council for each school in the district and shall develop
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procedures for the election and appointment of advisory council
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members. Each school advisory council shall include in its name
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the words "school advisory council." The school advisory council
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shall be the sole body responsible for final decisionmaking at
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the school relating to implementation of ss. 1001.42(18) the
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provisions of ss. 1001.42(16) and 1008.345. A majority of the
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members of each school advisory council must be persons who are
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not employed by the school. Each advisory council shall be
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composed of the principal and an appropriately balanced number
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of teachers, education support employees, students, parents, and
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other business and community citizens who are representative of
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the ethnic, racial, and economic community served by the school.
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Career center and high school advisory councils shall include
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students, and middle and junior high school advisory councils
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may include students. School advisory councils of career centers
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and adult education centers are not required to include parents
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as members. Council members representing teachers, education
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support employees, students, and parents shall be elected by
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their respective peer groups at the school in a fair and
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equitable manner as follows:
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1. Teachers shall be elected by teachers.
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2. Education support employees shall be elected by
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education support employees.
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3. Students shall be elected by students.
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4. Parents shall be elected by parents.
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The district school board shall establish procedures to be used
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for use by schools in selecting business and community members
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that include means of ensuring wide notice of vacancies and of
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taking input on possible members from local business, chambers
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of commerce, community and civic organizations and groups, and
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the public at large. The district school board shall review the
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membership composition of each advisory council. If the district
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school board determines that the membership elected by the
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school is not representative of the ethnic, racial, and economic
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community served by the school, the district school board shall
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appoint additional members to achieve proper representation. The
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commissioner shall determine if schools have maximized their
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efforts to include on their advisory councils minority persons
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and persons of lower socioeconomic status. Although schools are
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strongly encouraged to establish school advisory councils, the
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district school board of any school district that has a student
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population of 10,000 or fewer may establish a district advisory
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council which includes shall include at least one duly elected
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teacher from each school in the district. For the purposes of
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school advisory councils and district advisory councils, the
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term "teacher" includes shall include classroom teachers,
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certified student services personnel, and media specialists. For
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purposes of this paragraph, "education support employee" means
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any person employed by a school who is not defined as
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instructional or administrative personnel pursuant to s. 1012.01
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and whose duties require 20 or more hours in each normal working
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week.
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(c) For those schools operating for the purpose of
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providing educational services to youth in Department of
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Juvenile Justice programs, district school boards may establish
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a district advisory council with appropriate representatives for
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the purpose of developing and monitoring a district school
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improvement plan that encompasses all such schools in the
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district, pursuant to s. 1001.42(18)(a) s. 1001.42(16)(a).
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(2) DUTIES.--Each advisory council shall perform such
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functions as are prescribed by regulations of the district
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school board; however, no advisory council shall have any of the
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powers and duties now reserved by law to the district school
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board. Each school advisory council shall assist in the
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preparation and evaluation of the school improvement plan
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required pursuant to s. 1001.42(18) s. 1001.42(16). With
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technical assistance from the Department of Education, each
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school advisory council shall assist in the preparation of the
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school's annual budget and plan as required by s. 1008.385(1). A
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portion of funds provided in the annual General Appropriations
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Act for use by school advisory councils must be used for
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implementing the school improvement plan.
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Section 9. Subsection (12) of section 1001.51, Florida
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Statutes, is amended to read:
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1001.51 Duties and responsibilities of district school
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superintendent.--The district school superintendent shall
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exercise all powers and perform all duties listed below and
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elsewhere in the law, provided that, in so doing, he or she
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shall advise and counsel with the district school board. The
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district school superintendent shall perform all tasks necessary
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to make sound recommendations, nominations, proposals, and
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reports required by law to be acted upon by the district school
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board. All such recommendations, nominations, proposals, and
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reports by the district school superintendent shall be either
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recorded in the minutes or shall be made in writing, noted in
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the minutes, and filed in the public records of the district
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school board. It shall be presumed that, in the absence of the
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record required in this section, the recommendations,
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nominations, and proposals required of the district school
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superintendent were not contrary to the action taken by the
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district school board in such matters.
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(12) RECORDS AND REPORTS.--Recommend such records as
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should be kept in addition to those prescribed by rules of the
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State Board of Education; prepare forms for keeping such records
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as are approved by the district school board; ensure that such
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records are properly kept; and make all reports that are needed
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or required, as follows:
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(a) Forms, blanks, and reports.--Require that all
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employees accurately keep all records and promptly make in
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proper form all reports required by the education code or by
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rules of the State Board of Education; recommend the keeping of
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such additional records and the making of such additional
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reports as may be deemed necessary to provide data essential for
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the operation of the school system; and prepare such forms and
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blanks as may be required and ensure that these records and
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reports are properly prepared.
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(b) Reports to the department.--Prepare, for the approval
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of the district school board, all reports that may be required
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by law or rules of the State Board of Education to be made to
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the department and transmit promptly all such reports, when
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approved, to the department, as required by law. If any such
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reports are not transmitted at the time and in the manner
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prescribed by law or by State Board of Education rules, the
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salary of the district school superintendent must be withheld
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until the report has been properly submitted. Unless otherwise
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provided by rules of the State Board of Education, the annual
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report on attendance and personnel is due on or before July 1,
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and the annual school budget and the report on finance are due
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on the date prescribed by the commissioner.
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Any district school superintendent who knowingly signs and
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transmits to any state official a false or incorrect report or
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who fails to investigate all reports of suspected or actual
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misconduct by instructional personnel, as defined in s.
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1012.01(2), which affects the health, safety, or welfare of a
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student or report allegations of misconduct by such personnel
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which affects the health, safety, or welfare of a student
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pursuant to s. 1012.796 forfeits shall forfeit his or her right
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to any salary for the period of 1 year following the from that
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date of such act or failure to act.
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Section 10. Subsection (2) of section 1001.54, Florida
334
Statutes, is amended to read:
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1001.54 Duties of school principals.--
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(2) Each school principal shall provide instructional
337
leadership in the development, revision, and implementation of a
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school improvement plan pursuant to s. 1001.42(18) s.
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1001.42(16).
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Section 11. Paragraph (b) of subsection (11) of section
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1002.32, Florida Statutes, is amended to read:
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1002.32 Developmental research (laboratory) schools.--
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(11) EXCEPTIONS TO LAW.--To encourage innovative practices
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and facilitate the mission of the lab schools, in addition to
345
the exceptions to law specified in s. 1001.23(2), the following
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exceptions shall be permitted for lab schools:
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(b) With the exception of s. 1001.42(18) s. 1001.42(16),
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s. 1001.42 shall be held in abeyance. Reference to district
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school boards in s. 1001.42(18) s. 1001.42(16) shall mean the
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president of the university or the president's designee.
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Section 12. Paragraph (g) of subsection (12) of section
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1002.33, Florida Statutes, is amended to read:
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1002.33 Charter schools.--
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(12) EMPLOYEES OF CHARTER SCHOOLS.--
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(g) In order to protect the health, safety, or welfare of
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students, a charter school governing board shall:
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1. A charter school shall Employ or contract with
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employees who have undergone background screening as provided in
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s. 1012.32. Members of the governing board of the charter school
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shall also undergo background screening in a manner similar to
361
that provided in s. 1012.32.
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2. Disqualify from employment in an instructional position
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that involves direct contact with students any individual
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convicted of an offense pursuant to s. 1012.315.
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3. Adopt and communicate policies and procedures setting
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forth ethical standards for all employees and include policies
367
and procedures in professional development for all staff. The
368
policies and procedures must include responsibilities and
369
procedures for reporting suspected or actual misconduct by
370
instructional personnel which affects the health, safety, or
371
welfare of a student and an explanation of liability protections
372
provided to students, parents, and employees under ss. 39.201,
373
39.202, and 768.095 who report suspected or actual misconduct
374
that affects the health, safety, or welfare of a student. A
375
charter school or any of its employees may not enter into a
376
confidentiality agreement regarding a terminated or dismissed
377
employee or an employee who resigns in lieu of termination based
378
in whole or in part on unethical conduct that affects the
379
health, safety, or welfare of a student and may not provide the
380
employee with a favorable recommendation for employment in
381
another educational setting. Any portion of an agreement or
382
contract that has the purpose or effect of concealing the
383
conduct of an educator regarding actions over which the
384
Education Practices Commission has disciplinary jurisdiction is
385
void, is contrary to public policy, and may not be enforced.
386
4. Before appointing a candidate to an instructional
387
position that involves direct contact with students, contact the
388
previous employer of the candidate to assess the candidate's
389
ability to meet ethical standards for professional educators,
390
screen the candidate through the use of educator screening tools
391
described in s. 1001.10(5), and document findings.
392
5. Report to the Department of Education the date of hire
393
and, when applicable, the date employment is severed, for all
394
instructional personnel.
395
6. The sponsor of a charter school that fails to comply
396
with this paragraph shall terminate the charter pursuant to
397
subsection (8).
398
Section 13. Paragraph (g) is added to subsection (7) of
399
section 1002.36, Florida Statutes, to read:
400
1002.36 Florida School for the Deaf and the Blind.--
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(7) PERSONNEL SCREENING.--
402
(g) For the purpose of protecting the health, safety, or
403
welfare of students and the ethical standards for professional
404
educators, the Florida School for the Deaf and the Blind shall
405
be considered a school district and shall meet the provisions of
406
ss. 1001.03, 1001.42, 1001.51, 1006.061, 1012.27, 1012.315,
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1012.32, 1012.56, 1012.33, 1012.795, and 1012.796.
408
Section 14. Present subsections (4), (5), and (6) of
409
section 1002.421, Florida Statutes, are redesignated as
410
subsections (5), (6), and (7), respectively, and a new
411
subsection (4) is added to that section, to read:
412
1002.421 Accountability of private schools participating
413
in state school choice scholarship programs.--
414
(4) A private school participating in a scholarship
415
program under this section shall:
416
(a) Disqualify from employment in an instructional
417
position that involves direct contact with students any
418
individual convicted of a disqualifying offense identified under
419
s. 1012.315.
420
(b) Adopt and communicate policies and procedures setting
421
forth ethical standards for all employees and include policies
422
and procedures in professional development for all staff. The
423
policies and procedures must include responsibilities and
424
procedures for reporting suspected or actual misconduct by
425
instructional personnel which affects the health, safety, or
426
welfare of a student and an explanation of liability protections
427
provided to students, parents, and employees under ss. 39.201,
428
39.202, and 768.095 who report suspected or actual misconduct
429
that affects the health, safety, or welfare of a student. A
430
private school or any of its employees may not enter into a
431
confidentiality agreement regarding a terminated or dismissed
432
employee or an employee who resigns in lieu of termination based
433
in whole or in part on unethical conduct that affects the
434
health, safety, or welfare of a student and may not provide the
435
employee with a favorable recommendation for employment in
436
another educational setting. Any portion of an agreement or
437
contract that has the purpose or effect of concealing the
438
conduct of an educator regarding actions over which the
439
Education Practices Commission has disciplinary jurisdiction is
440
void, is contrary to public policy, and may not be enforced.
441
(c) Prior to appointing a candidate to an instructional
442
position that involves direct contact with students, contact the
443
previous employer of the candidate to assess the candidate's
444
ability to meet ethical standards for professional educators,
445
screen the candidate through the use of educator screening tools
446
described in s. 1001.10(5), and document findings.
447
(d) Report to the Department of Education the date of hire
448
and, when applicable, the date employment is severed, for all
449
instructional personnel.
450
(e) The department shall prohibit a private school that
451
accepts scholarship students under chapter 1002 or s. 220.187,
452
which fails to comply with this subsection from accepting such
453
scholarship students and disqualify the private school from
454
accepting funds under those programs for a period of 1 calendar
455
year and until the private school complies with this subsection.
456
The Education Practices Commission shall impose applicable
457
certification sanctions pursuant to s. 1012.795.
458
Section 15. Present subsections (2), (3), and (4) of
459
section 1002.55, Florida Statutes, are renumbered as subsections
460
(3), (4), and (5), respectively, a new subsection (2) is added
461
to that section, and present subsection (4) of that section is
462
amended, to read:
463
1002.55 School-year prekindergarten program delivered by
464
private prekindergarten providers.--
465
(2) A private provider participating in the Voluntary
466
Prekindergarten Education Program under this section shall:
467
(a) Disqualify from employment any prekindergarten
468
instructor convicted of a disqualifying offense identified under
469
to s. 1012.315.
470
(b) Adopt and communicate policies and procedures setting
471
forth ethical standards for all employees and include such
472
policies and procedures in professional development for all
473
staff. The policies and procedures must include responsibilities
474
and procedures for reporting suspected or actual misconduct by a
475
prekindergarten instructor which affects the health, safety, or
476
welfare of a student and an explanation of liability protections
477
provided to students, parents, and employees under ss. 39.201,
478
39.202, and 768.095 who report suspected or actual misconduct
479
that affects the health, safety, or welfare of a student. A
480
private provider or any of its employees may not enter into a
481
confidentiality agreement regarding a terminated or dismissed
482
employee or an employee who resigns in lieu of termination based
483
in whole or in part on unethical conduct that affects the
484
health, safety, or welfare of a student and may not provide the
485
employee with a favorable recommendation for employment in
486
another educational setting. A portion of an agreement or
487
contract that has the purpose or effect of concealing the
488
conduct of a prekindergarten instructor regarding actions over
489
which the Education Practices Commission has disciplinary
490
jurisdiction is void, is contrary to public policy, and may not
491
be enforced.
492
(c) Prior to appointing a candidate as a prekindergarten
493
instructor, contact the previous employer of the candidate to
494
assess the candidate's ability to meet ethical standards for
495
professional educators, screen the candidate through the use of
496
educator screening tools described in s. 1001.10(5), and
497
document findings.
498
(d) Report to the Department of Education the date of hire
499
and, when applicable, the date employment is severed, for all
500
prekindergarten instructors.
501
(e) The Agency for Workforce Innovation shall prohibit a
502
private provider that fails to comply with this subsection from
503
accepting funds under the Voluntary Prekindergarten Program for
504
a period of 1 calendar year and until the provider complies with
505
this subsection. The Education Practices Commission shall impose
506
applicable certification sanctions pursuant to s. 1012.795.
507
(5)(4) A prekindergarten instructor, in lieu of the
508
minimum credentials and courses required under paragraph (4)(c)
509
(3)(c), may hold one of the following educational credentials:
510
(a) A bachelor's or higher degree in early childhood
511
education, prekindergarten or primary education, preschool
512
education, or family and consumer science;
513
(b) A bachelor's or higher degree in elementary education,
514
if the prekindergarten instructor has been certified to teach
515
children any age from birth through 6th grade, regardless of
516
whether the instructor's educator certificate is current, and if
517
the instructor is not ineligible to teach in a public school
518
because his or her educator certificate is suspended or revoked;
519
(c) An associate's or higher degree in child development;
520
(d) An associate's or higher degree in an unrelated field,
521
at least 6 credit hours in early childhood education or child
522
development, and at least 480 hours of experience in teaching or
523
providing child care services for children any age from birth
524
through 8 years of age; or
525
(e) An educational credential approved by the department
526
as being equivalent to or greater than an educational credential
527
described in this subsection. The department may adopt criteria
528
and procedures for approving equivalent educational credentials
529
under this paragraph.
530
Section 16. Subsections (4) and (6) of section 1002.61,
531
Florida Statutes, are amended to read:
532
1002.61 Summer prekindergarten program delivered by public
533
schools and private prekindergarten providers.--
534
(4) Notwithstanding ss. 1002.55(4)(c)1. 1002.55(3)(c)1.
535
and 1002.63(5), each public school and private prekindergarten
536
provider must have, for each prekindergarten class, at least one
537
prekindergarten instructor who:
538
(a) Is a certified teacher; or
539
(b) Holds one of the educational credentials specified in
540
s. 1002.55(4)(a) or (b).
541
542
As used in this subsection, the term "certified teacher" means a
543
teacher holding a valid Florida educator certificate under s.
544
1012.56 who has the qualifications required by the district
545
school board to instruct students in the summer prekindergarten
546
program. In selecting instructional staff for the summer
547
prekindergarten program, each school district shall give
548
priority to teachers who have experience or coursework in early
549
childhood education.
550
(6) Notwithstanding ss. 1002.55(4)(e) 1002.55(3)(e) and
551
1002.63(7), each prekindergarten class in the summer
552
prekindergarten program, regardless of whether the class is a
553
public school's or private prekindergarten provider's class,
554
must have be composed of at least 4 students but may not exceed
555
10 students. In order to protect the health and safety of
556
students, each public school or private prekindergarten provider
557
must also provide appropriate adult supervision for students at
558
all times. This subsection does not supersede any requirement
559
imposed on a provider under ss. 402.301-402.319.
560
Section 17. Subsections (5) and (7) of section 1002.63,
561
Florida Statutes, are amended to read:
562
1002.63 School-year prekindergarten program delivered by
563
public schools.--
564
(5) Each public school must have, for each prekindergarten
565
class, at least one prekindergarten instructor who meets each
566
requirement in s. 1002.55(4)(c) s. 1002.55(3)(c) for a
567
prekindergarten instructor of a private prekindergarten
568
provider.
569
(7) Each prekindergarten class in a public school
570
delivering the school-year prekindergarten program must have be
571
composed of at least 4 students but may not exceed 18 students.
572
In order to protect the health and safety of students, each
573
school must also provide appropriate adult supervision for
574
students at all times and, for each prekindergarten class
575
composed of 11 or more students, must have, in addition to a
576
prekindergarten instructor who meets the requirements of s.
577
1002.55(4)(c) s. 1002.55(3)(c), at least one adult
578
prekindergarten instructor who is not required to meet those
579
requirements but who must meet each requirement of subsection
580
(6).
581
Section 18. Paragraph (a) of subsection (2) of section
582
1002.65, Florida Statutes, is amended to read:
583
1002.65 Professional credentials of prekindergarten
584
instructors; aspirational goals; legislative intent.--
585
(2) To improve these educational outcomes, the Legislature
586
intends that all prekindergarten instructors will continue to
587
improve their skills and preparation through education and
588
training, so that the following aspirational goals will be
589
achieved:
590
(a) By the 2010-2011 school year:
591
1. Each prekindergarten class will have at least one
592
prekindergarten instructor who holds an associate's or higher
593
degree in the field of early childhood education or child
594
development; and
595
2. For each prekindergarten class composed of 11 or more
596
students, in addition to a prekindergarten instructor who meets
597
the requirements of subparagraph 1., the class will have at
598
least one prekindergarten instructor who meets the requirements
599
of s. 1002.55(4)(c) s. 1002.55(3)(c).
600
Section 19. Subsection (2) of section 1003.413, Florida
601
Statutes, is amended to read:
602
1003.413 Florida Secondary School Redesign Act.--
603
(2) The following guiding principles for secondary school
604
redesign shall be used in the annual preparation of each
605
secondary school's improvement plan required by s. 1001.42(18)
606
s. 1001.42(16):
607
(a) Struggling students, especially those in failing
608
schools, need the highest quality teachers and dramatically
609
different, innovative approaches to teaching and learning.
610
(b) Every teacher must contribute to every student's
611
reading improvement.
612
(c) Quality professional development provides teachers and
613
principals with the tools they need to better serve students.
614
(d) Small learning communities allow teachers to
615
personalize instruction to better address student learning
616
styles, strengths, and weaknesses.
617
(e) Intensive intervention in reading and mathematics must
618
occur early and through innovative delivery systems.
619
(f) Parents need access to tools they can use to monitor
620
their child's progress in school, communicate with teachers, and
621
act early on behalf of their child.
622
(g) Applied and integrated courses help students see the
623
relationships between subjects and relevance to their futures.
624
(h) School is more relevant when students choose courses
625
based on their goals, interests, and talents.
626
(i) Master schedules should not determine instruction and
627
must be designed based on student needs, not adult or
628
institutional needs.
629
(j) Academic and career planning engages students in
630
developing a personally meaningful course of study so they can
631
achieve goals they have set for themselves.
632
Section 20. Paragraph (b) of subsection (2) of section
633
1003.53, Florida Statutes, is amended to read:
634
1003.53 Dropout prevention and academic intervention.--
635
(2)
636
(b) Each school that establishes a dropout prevention and
637
academic intervention program at that school site shall reflect
638
that program in the school improvement plan as required under s.
639
1001.42(18) s. 1001.42(16).
640
Section 21. Subsections (1) and (3) of section 1004.92,
641
Florida Statutes, are amended to read:
642
1004.92 Purpose and responsibilities for career
643
education.--
644
(1) The purpose of career education is to enable students
645
who complete career programs to attain and sustain employment
646
and realize economic self-sufficiency. The purpose of this
647
section is to identify issues related to career education for
648
which school boards and community college boards of trustees are
649
accountable. It is the intent of the Legislature that the
650
standards articulated in subsection (2) be considered in the
651
development of accountability standards for public schools
652
pursuant to ss. 1000.03, 1001.42(18) 1001.42(16), and 1008.345
653
and for community colleges pursuant to s. 1008.45.
654
(3) Each career center operated by a district school board
655
shall establish a center advisory council pursuant to s.
656
1001.452. The center advisory council shall assist in the
657
preparation and evaluation of center improvement plans required
658
pursuant to s. 1001.42(18) s. 1001.42(16) and may provide
659
assistance, upon the request of the center director, in the
660
preparation of the center's annual budget and plan as required
661
by s. 1008.385(1).
662
Section 22. Present subsection (2) of section 1006.061,
663
Florida Statutes, is redesignated as subsection (3), and a new
664
subsection (2) is added to that section, to read:
665
1006.061 Child abuse, abandonment, and neglect
666
policy.--Each district school board shall:
667
(2) Post in a prominent place in each school district site
668
and on each school website, the school board policies and
669
procedures for reporting suspected or actual misconduct by
670
instructional personnel, as defined in s. 1012.01(2), which
671
affects the health, safety, or welfare of a student, the
672
district contact person to whom the report should be made, and
673
the penalties imposed against such personnel for failing to
674
report suspected or actual child abuse pursuant to s. 1006.061
675
or instructional personnel misconduct, pursuant to s. 1012.795,
676
which affects the health, safety, or welfare of a student.
677
Section 23. Paragraph (c) of subsection (2) of section
678
1007.21, Florida Statutes, is amended to read:
679
1007.21 Readiness for postsecondary education and the
680
workplace.--
681
(2)
682
(c) The common placement test authorized in ss.
683
1001.03(11) 1001.03(10) and 1008.30 or a similar test may be
684
administered to all high school second semester sophomores who
685
have chosen one of the four destinations. The results of the
686
placement test shall be used to target additional instructional
687
needs in reading, writing, and mathematics prior to graduation.
688
Section 24. Subsection (5) of section 1007.23, Florida
689
Statutes, is amended to read:
690
1007.23 Statewide articulation agreement.--
691
(5) The articulation agreement must guarantee the
692
articulation of 9 credit hours toward a postsecondary degree in
693
early childhood education for programs approved by the State
694
Board of Education and the Board of Governors which:
695
(a) Award a child development associate credential issued
696
by the National Credentialing Program of the Council for
697
Professional Recognition or award a credential approved under s.
698
1002.55(4)(c)1.b. s. 1002.55(3)(c)1.b. or s. 402.305(3)(c) as
699
being equivalent to the child development associate credential;
700
and
701
(b) Include training in emergent literacy which meets or
702
exceeds the minimum standards for training courses for
703
prekindergarten instructors of the Voluntary Prekindergarten
704
Education Program in s. 1002.59.
705
Section 25. Subsection (4) of section 1008.33, Florida
706
Statutes, is amended to read:
707
1008.33 Authority to enforce public school
708
improvement.--It is the intent of the Legislature that all
709
public schools be held accountable for students performing at
710
acceptable levels. A system of school improvement and
711
accountability that assesses student performance by school,
712
identifies schools in which students are not making adequate
713
progress toward state standards, institutes appropriate measures
714
for enforcing improvement, and provides rewards and sanctions
715
based on performance shall be the responsibility of the State
716
Board of Education.
717
(4) The State Board of Education may require the
718
Department of Education or Chief Financial Officer to withhold
719
any transfer of state funds to the school district if, within
720
the timeframe specified in state board action, the school
721
district has failed to comply with the action ordered to improve
722
the district's low-performing schools. Withholding the transfer
723
of funds shall occur only after all other recommended actions
724
for school improvement have failed to improve performance. The
725
State Board of Education may impose the same penalty on any
726
district school board that fails to develop and implement a plan
727
for assistance and intervention for low-performing schools as
728
specified in s. 1001.42(18)(c) s. 1001.42(16)(c).
729
Section 26. Paragraph (c) of subsection (6) of section
730
1008.345, Florida Statutes, is amended to read:
731
1008.345 Implementation of state system of school
732
improvement and education accountability.--
733
(6)
734
(c) Pursuant to s. 24.121(5)(d), the department shall not
735
release funds from the Educational Enhancement Trust Fund to any
736
district in which a school, including schools operating for the
737
purpose of providing educational services to youth in Department
738
of Juvenile Justice programs, does not have an approved school
739
improvement plan, pursuant to s. 1001.42(18) s. 1001.42(16),
740
after 1 full school year of planning and development, or does
741
not comply with school advisory council membership composition
742
requirements pursuant to s. 1001.452. The department shall send
743
a technical assistance team to each school without an approved
744
plan to develop such school improvement plan or to each school
745
without appropriate school advisory council membership
746
composition to develop a strategy for corrective action. The
747
department shall release the funds upon approval of the plan or
748
upon establishment of a plan of corrective action. Notice shall
749
be given to the public of the department's intervention and
750
shall identify each school without a plan or without appropriate
751
school advisory council membership composition.
752
Section 27. Subsection (5) of section 1010.215, Florida
753
Statutes, is amended to read:
754
1010.215 Educational funding accountability.--
755
(5) The annual school public accountability report
756
required by ss. 1001.42(18) 1001.42(16) and 1008.345 must
757
include a school financial report. The purpose of the school
758
financial report is to better inform parents and the public
759
concerning how funds were spent to operate the school during the
760
prior fiscal year. Each school's financial report must follow a
761
uniform, districtwide format that is easy to read and
762
understand.
763
(a) Total revenue must be reported at the school,
764
district, and state levels. The revenue sources that must be
765
addressed are state and local funds, other than lottery funds;
766
lottery funds; federal funds; and private donations.
767
(b) Expenditures must be reported as the total
768
expenditures per unweighted full-time equivalent student at the
769
school level and the average expenditures per full-time
770
equivalent student at the district and state levels in each of
771
the following categories and subcategories:
772
1. Teachers, excluding substitute teachers, and education
773
paraprofessionals who provide direct classroom instruction to
774
students enrolled in programs classified by s. 1011.62 as:
775
a. Basic programs;
776
b. Students-at-risk programs;
777
c. Special programs for exceptional students;
778
d. Career education programs; and
779
e. Adult programs.
780
2. Substitute teachers.
781
3. Other instructional personnel, including school-based
782
instructional specialists and their assistants.
783
4. Contracted instructional services, including training
784
for instructional staff and other contracted instructional
785
services.
786
5. School administration, including school-based
787
administrative personnel and school-based education support
788
personnel.
789
6. The following materials, supplies, and operating
790
capital outlay:
791
a. Textbooks;
792
b. Computer hardware and software;
793
c. Other instructional materials;
794
d. Other materials and supplies; and
795
e. Library media materials.
796
7. Food services.
797
8. Other support services.
798
9. Operation and maintenance of the school plant.
799
(c) The school financial report must also identify the
800
types of district-level expenditures that support the school's
801
operations. The total amount of these district-level
802
expenditures must be reported and expressed as total
803
expenditures per full-time equivalent student.
804
Section 28. Paragraph (b) of subsection (6) of section
805
1011.18, Florida Statutes, is amended to read:
806
1011.18 School depositories; payments into and withdrawals
807
from depositories.--
808
(6) EXEMPTION FOR SELF-INSURANCE PROGRAMS AND THIRD-PARTY
809
ADMINISTERED EMPLOYEES' FRINGE BENEFIT PROGRAMS.--
810
(b) The district school board may contract with an
811
insurance company or professional administrator who holds a
812
valid certificate of authority issued by the Office of Insurance
813
Regulation of the Financial Services Commission to provide any
814
or all services that a third-party administrator is authorized
815
by law to perform. Pursuant to such contract, the district
816
school board may advance or remit money to the administrator to
817
be deposited in a designated special checking account for paying
818
claims against the district school board under its self-
819
insurance programs, and remitting premiums to the providers of
820
insured benefits on behalf of the district school board and the
821
participants in such programs, and otherwise fulfilling the
822
obligations imposed upon the administrator by law and the
823
contractual agreements between the district school board and the
824
administrator. The special checking account shall be maintained
825
in a designated district school depository. The district school
826
board may replenish such account as often as necessary upon the
827
presentation by the service organization of documentation for
828
claims or premiums due paid equal to the amount of the requested
829
reimbursement. Such replenishment shall be made by a warrant
830
signed by the chair of the district school board and
831
countersigned by the district school superintendent. Such
832
replenishment may be made by electronic, telephonic, or other
833
medium, and each transfer shall be confirmed in writing and
834
signed by the district school superintendent or his or her
835
designee. The provisions of strict accountability of all funds
836
and an annual audit by an independent certified public
837
accountant as provided in s. 1001.42(12)(k) s. 1001.42(10)(k)
838
shall apply to this subsection.
839
Section 29. Present subsection (6) of section 1012.27,
840
Florida Statutes, is redesignated as subsection (7), and a new
841
subsection (6) is added to that section, to read:
842
1012.27 Public school personnel; powers and duties of
843
district school superintendent.--The district school
844
superintendent is responsible for directing the work of the
845
personnel, subject to the requirements of this chapter, and in
846
addition the district school superintendent shall perform the
847
following:
848
(6) Before appointing a candidate to any instructional
849
position that involves direct contact with students, contact the
850
candidate's previous employer to assess the candidate's ability
851
to meet state and local ethical standards for professional
852
educators, screen the candidate using the screening tools as
853
described in s. 1001.10(5), and document findings.
854
Section 30. Section 1012.315, Florida Statutes, is created
855
to read:
856
1012.315 Disqualification from employment.--
857
(1) Any instructional personnel, as defined in s.
858
1012.01(2), are ineligible for employment in any position that
859
involves direct contact with students if convicted of the
860
following disqualifying offenses:
861
(a) Any offense listed in s. 435.04;
862
(b) Section 787.025, relating to luring or enticing a
863
child;
864
(c) Section 794.05, relating to unlawful sexual activity
865
with certain minors;
866
(d) Section 810.14, relating to voyeurism;
867
(e) Section 810.145, relating to video voyeurism;
868
(f) Conviction of a crime involving moral turpitude; or
869
(g) Any delinquent act that qualified or would have
870
qualified an individual for inclusion on the Registered Juvenile
871
Sex Offender List pursuant to s. 943.0435(1)(a)1.d.
872
(2) A criminal act committed in another state or under
873
federal law, the elements of which constitute a criminal act as
874
described in subsection (1) shall, for purposes of
875
disqualification, be considered as if the act was committed in
876
this state.
877
Section 31. Subsection (1) of section 1012.32, Florida
878
Statutes, is amended to read:
879
1012.32 Qualifications of personnel.--
880
(1)(a) To be eligible for appointment in any position in
881
any district school system, a person shall be of good moral
882
character; shall have attained the age of 18 years, if he or she
883
is to be employed in an instructional capacity; and shall, when
884
required by law, hold a certificate or license issued under
885
rules of the State Board of Education or the Department of
886
Children and Family Services, except when employed pursuant to
887
s. 1012.55 or under the emergency provisions of s. 1012.24.
888
Previous residence in this state shall not be required in any
889
school of the state as a prerequisite for any person holding a
890
valid Florida certificate or license to serve in an
891
instructional capacity.
892
(b) Any instructional personnel, as defined in s.
893
1012.01(2), are disqualified from employment in any position
894
having direct contact with students if convicted of a
895
disqualifying offense as described in s. 1012.315.
896
Section 32. Paragraph (a) of subsection (1), paragraph (c)
897
of subsection (4), and paragraph (b) of subsection (6) of
898
section 1012.33, Florida Statutes, are amended to read:
899
1012.33 Contracts with instructional staff, supervisors,
900
and school principals.--
901
(1)(a) Each person employed as a member of the
902
instructional staff in any district school system shall be
903
properly certified pursuant to s. 1012.56 or s. 1012.57 or
904
employed pursuant to s. 1012.39 and shall be entitled to and
905
shall receive a written contract as specified in this section.
906
All such contracts, except continuing contracts as specified in
907
subsection (4), shall contain provisions for dismissal during
908
the term of the contract only for just cause. Just cause
909
includes, but is not limited to, the following instances, as
910
defined by rule of the State Board of Education: immorality,
911
misconduct in office, incompetency, gross insubordination,
912
willful neglect of duty, the commission of a criminal act,
913
regardless of adjudication, or crimes or conviction of a crime
914
involving moral turpitude.
915
(4)
916
(c) Any member of the district administrative or
917
supervisory staff and any member of the instructional staff,
918
including any school principal, who is under continuing contract
919
may be suspended or dismissed at any time during the school
920
year; however, the charges against him or her must be based on
921
immorality, misconduct in office, incompetency, gross
922
insubordination, willful neglect of duty, drunkenness, crimes or
923
conviction of a crime involving moral turpitude, as these terms
924
are defined by rule of the State Board of Education, or the
925
commission of a criminal act, regardless of adjudication.
926
Whenever such charges are made against an any such employee of
927
the district school board, the district school board may suspend
928
such person without pay; but, if the charges are not sustained,
929
he or she shall be immediately reinstated, and his or her back
930
salary shall be paid. In cases of suspension by the district
931
school board or by the district school superintendent, the
932
district school board shall determine upon the evidence
933
submitted whether the charges have been sustained and, if the
934
charges are sustained, shall determine either to dismiss the
935
employee or fix the terms under which he or she may be
936
reinstated. If such charges are sustained by a majority vote of
937
the full membership of the district school board and the such
938
employee is discharged, his or her contract of employment shall
939
be thereby canceled. Any such decision adverse to the employee
940
may be appealed by the employee pursuant to s. 120.68, provided
941
the such appeal is filed within 30 days after the decision of
942
the district school board.
943
(6)
944
(b) Any member of the district administrative or
945
supervisory staff, including any principal but excluding an
946
employee specified in subsection (4), may be suspended or
947
dismissed at any time during the term of the contract; however,
948
the charges against him or her must be based on immorality,
949
misconduct in office, incompetency, gross insubordination,
950
willful neglect of duty, drunkenness, or crimes conviction of
951
any crime involving moral turpitude, as these terms are defined
952
by rule of the State Board of Education. Whenever such charges
953
are made against an any such employee of the district school
954
board, the district school board may suspend the employee
955
without pay; but, if the charges are not sustained, he or she
956
shall be immediately reinstated, and his or her back salary
957
shall be paid. In cases of suspension by the district school
958
board or by the district school superintendent, the district
959
school board shall determine upon the evidence submitted whether
960
the charges have been sustained and, if the charges are
961
sustained, shall determine either to dismiss the employee or fix
962
the terms under which he or she may be reinstated. If such
963
charges are sustained by a majority vote of the full membership
964
of the district school board and the such employee is
965
discharged, his or her contract of employment shall be thereby
966
canceled. Any such decision adverse to the employee may be
967
appealed by him or her pursuant to s. 120.68, provided such
968
appeal is filed within 30 days after the decision of the
969
district school board.
970
Section 33. Subsection (4) of section 1012.34, Florida
971
Statutes, is amended to read:
972
1012.34 Assessment procedures and criteria.--
973
(4) The district school superintendent shall notify the
974
department of any instructional personnel who receive two
975
consecutive unsatisfactory evaluations and who have been given
976
written notice by the district that their employment is being
977
terminated or is not being renewed or that the district school
978
board intends to terminate, or not renew, their employment. The
979
department shall conduct an investigation to determine whether
980
action shall be taken against the certificateholder pursuant to
981
s. 1012.795(1)(c) s. 1012.795(1)(b).
982
Section 34. Subsections (9) and (14) of section 1012.56,
983
Florida Statutes, are amended to read:
984
1012.56 Educator certification requirements.--
985
(9) BACKGROUND SCREENING REQUIRED, INITIALLY AND
986
PERIODICALLY.--
987
(a) Each person who seeks certification under this chapter
988
must undergo state and national criminal history records checks
989
pursuant to s. 435.04 and may not have been convicted of any
990
disqualifying offense under s. 1012.315. An individual is exempt
991
from undergoing an additional state and national criminal
992
history records checks if the checks have meet level 2 screening
993
requirements as described in s. 1012.32 unless a level 2
994
screening has been conducted by a district school board or the
995
Department of Education within 12 months before the date the
996
person initially obtains certification under this chapter, the
997
results of which are submitted to the district school board or
998
to the Department of Education.
999
(b) A person may not receive a certificate under this
1000
chapter until the person undergoes state and national criminal
1001
history records checks pursuant to s. 435.04 verifying that the
1002
person has not been convicted of a disqualifying offense as
1003
described in s. 1012.315, level 2 screening has been completed
1004
and the results have been submitted to the Department of
1005
Education or to the district school superintendent of the school
1006
district that employs the person. Every 5 years after obtaining
1007
initial certification, each person who is required to be
1008
certified under this chapter must meet the level 2 screening
1009
requirements as described in paragraph (a) s. 1012.32, at which
1010
time the school district shall request the Department of Law
1011
Enforcement to forward the fingerprints to the Federal Bureau of
1012
Investigation for national processing the level 2 screening. If,
1013
for any reason after obtaining initial certification, the
1014
fingerprints of a person who is required to be certified under
1015
this chapter are not retained by the Department of Law
1016
Enforcement under s. 1012.32(3)(a) and (b), the person must file
1017
a complete set of fingerprints with the district school
1018
superintendent of the employing school district. Upon submission
1019
of fingerprints for this purpose, the school district shall
1020
request the Department of Law Enforcement to forward the
1021
fingerprints to the Federal Bureau of Investigation for national
1022
processing the level 2 screening, and the fingerprints shall be
1023
retained by the Department of Law Enforcement under s.
1024
1012.32(3)(a) and (b). The cost of the state and federal
1025
criminal history check required by paragraph (a) and this
1026
paragraph level 2 screening may be borne by the district school
1027
board or the employee. Under penalty of perjury, each person who
1028
is certified under this chapter must agree to inform his or her
1029
employer within 48 hours if convicted of any disqualifying
1030
offense while he or she is employed in a position for which such
1031
certification is required.
1032
(c) If it is found under s. 1012.796 that a person who is
1033
employed in a position requiring certification under this
1034
chapter is ineligible for employment under s. 1012.315 does not
1035
meet the level 2 screening requirements, the person's
1036
certification shall be immediately revoked or suspended and he
1037
or she shall be immediately suspended from the position
1038
requiring certification.
1039
(14) PERSONNEL RECORDS.--The Department of Education shall
1040
maintain an electronic database that includes, but need not be
1041
limited to, a complete statement of the academic preparation,
1042
professional training, and teaching experience of each person to
1043
whom a certificate is issued. The applicant or the district
1044
school superintendent shall furnish the information using a
1045
format or forms provided by the department.
1046
Section 35. Subsection (1) and paragraph (a) of subsection
1047
(8) of section 1012.79, Florida Statutes, are amended to read:
1048
1012.79 Education Practices Commission; organization.--
1049
(1) The Education Practices Commission consists of 25 17
1050
members, including 8 7 teachers;, 5 administrators, at least one
1051
of whom shall represent a private school; 7 and 5 lay citizens,
1052
(of whom 5 shall be parents of public school students and who
1053
are unrelated to public school employees and 2 shall be current
1054
or former district school board members;), and 5 sworn law
1055
enforcement officials, appointed by the State Board of Education
1056
from nominations by the Commissioner of Education and subject to
1057
Senate confirmation. Before Prior to making nominations, the
1058
commissioner shall consult with the teaching associations,
1059
parent organizations, law enforcement agencies, and other
1060
involved associations in the state. In making nominations, the
1061
commissioner shall attempt to achieve equal geographical
1062
representation, as closely as possible.
1063
(a) A teacher member, in order to be qualified for
1064
appointment:
1065
1. Must be certified to teach in the state.
1066
2. Must be a resident of the state.
1067
3. Must have practiced the profession in this state for at
1068
least 5 years immediately preceding the appointment.
1069
(b) A school administrator member, in order to be
1070
qualified for appointment:
1071
1. Must have an endorsement on the educator certificate in
1072
the area of school administration or supervision.
1073
2. Must be a resident of the state.
1074
3. Must have practiced the profession as an administrator
1075
for at least 5 years immediately preceding the appointment.
1076
(c) The lay members must be residents of the state.
1077
(d) The members who are law enforcement officials must
1078
have served in the profession for at least 5 years immediately
1079
preceding appointment and have background expertise in child
1080
safety.
1081
(8)(a) The commission shall, from time to time, designate
1082
members of the commission to serve on panels for the purpose of
1083
reviewing and issuing final orders upon cases presented to the
1084
commission. A case concerning a complaint against a teacher
1085
shall be reviewed and a final order thereon shall be entered by
1086
a panel composed of five commission members, at least one of
1087
whom must be a parent, one of whom must be a sworn law
1088
enforcement officer, and three of whom must shall be teachers. A
1089
case concerning a complaint against an administrator shall be
1090
reviewed and a final order thereon shall be entered by a panel
1091
composed of five commission members, at least one of whom must
1092
be a parent, one of whom must be a sworn law enforcement
1093
officer, and three of whom shall be administrators.
1094
Section 36. Subsection (1) of section 1012.795, Florida
1095
Statutes, is amended to read:
1096
1012.795 Education Practices Commission; authority to
1097
discipline.--
1098
(1) The Education Practices Commission may suspend the
1099
educator certificate of any person as defined in s. 1012.01(2)
1100
or (3) for a period of time not to exceed 5 years, thereby
1101
denying that person the right to teach or otherwise be employed
1102
by a district school board or public school in any capacity
1103
requiring direct contact with students for that period of time,
1104
after which the holder may return to teaching as provided in
1105
subsection (4); may revoke the educator certificate of any
1106
person, thereby denying that person the right to teach or
1107
otherwise be employed by a district school board or public
1108
school in any capacity requiring direct contact with students
1109
for a period of time not to exceed 10 years, with reinstatement
1110
subject to the provisions of subsection (4); may revoke
1111
permanently the educator certificate of any person thereby
1112
denying that person the right to teach or otherwise be employed
1113
by a district school board or public school in any capacity
1114
requiring direct contact with students; may suspend the educator
1115
certificate, upon order of the court, of any person found to
1116
have a delinquent child support obligation; or may impose any
1117
other penalty provided by law, if provided it can be shown that
1118
the person:
1119
(a) Obtained or attempted to obtain an educator
1120
certificate by fraudulent means.
1121
(b) Knowingly failed to report any suspected or actual
1122
child abuse pursuant to s. 1006.061 or misconduct by
1123
instructional personnel, pursuant to s. 1012.795, which affects
1124
the health, safety, or welfare of a student.
1125
(c)(b) Has proved to be incompetent to teach or to perform
1126
duties as an employee of the public school system or to teach in
1127
or to operate a private school.
1128
(d)(c) Has been guilty of gross immorality or an act
1129
involving moral turpitude as defined by rules of the State Board
1130
of Education.
1131
(e)(d) Has had an educator certificate sanctioned by
1132
revocation, suspension, or surrender in another state.
1133
(f)(e) Has been convicted of a misdemeanor, felony, or any
1134
other criminal charge, other than a minor traffic violation.
1135
(g)(f) Upon investigation, has been found guilty of
1136
personal conduct which seriously reduces that person's
1137
effectiveness as an employee of the district school board.
1138
(h)(g) Has breached a contract, as provided in s.
1139
1012.33(2).
1140
(i)(h) Has been the subject of a court order directing the
1141
Education Practices Commission to suspend the certificate as a
1142
result of a delinquent child support obligation.
1143
(j)(i) Has violated the Principles of Professional Conduct
1144
for the Education Profession prescribed by State Board of
1145
Education rules.
1146
(k)(j) Has otherwise violated the provisions of law, the
1147
penalty for which is the revocation of the educator certificate.
1148
(l)(k) Has violated any order of the Education Practices
1149
Commission.
1150
(m)(l) Has been the subject of a court order or plea
1151
agreement in any jurisdiction which requires the
1152
certificateholder to surrender or otherwise relinquish his or
1153
her educator's certificate. A surrender or relinquishment shall
1154
be for permanent revocation of the certificate. A person may not
1155
surrender or otherwise relinquish his or her certificate prior
1156
to a finding of probable cause by the commissioner as provided
1157
in s. 1012.796.
1158
Section 37. Subsections (1), (3), and (5) of section
1159
1012.796, Florida Statutes, are amended to read:
1160
1012.796 Complaints against teachers and administrators;
1161
procedure; penalties.--
1162
(1)(a) The Department of Education shall cause to be
1163
investigated expeditiously any complaint filed before it or
1164
otherwise called to its attention which, if legally sufficient,
1165
contains grounds for the revocation or suspension of a
1166
certificate or any other appropriate penalty as set forth in
1167
subsection (7). The complaint is legally sufficient if it
1168
contains the ultimate facts which show a violation has occurred
1169
as provided in s. 1012.795 and defined by rule. The department
1170
shall may investigate or continue to investigate and take
1171
appropriate action on a complaint even though the original
1172
complainant withdraws the complaint or otherwise indicates a
1173
desire not to cause it to be investigated or prosecuted to
1174
completion. The department may investigate or continue to
1175
investigate and take action on a complaint filed against a
1176
person whose educator certificate has expired if the act or acts
1177
that which are the basis for the complaint were allegedly
1178
committed while that person possessed an educator certificate.
1179
(b) The Department of Education shall investigate
1180
immediately any complaint filed before it or otherwise called to
1181
its attention which involves misconduct by any instructional
1182
personnel which affects the health, safety, or welfare of a
1183
student. The department must investigate or continue to
1184
investigate and take action on such a complaint filed against a
1185
person whose educator certificate has expired if the act or acts
1186
that are the basis for the complaint were allegedly committed
1187
while that person possessed an educator certificate.
1188
(c)(b) When an investigation is undertaken, the department
1189
shall notify the certificateholder or applicant for
1190
certification and the district school superintendent or the
1191
university laboratory school, charter school, or private school
1192
in which the certificateholder or applicant for certification is
1193
employed or was employed at the time the alleged offense
1194
occurred. In addition, the department shall inform the
1195
certificateholder or applicant for certification of the
1196
substance of any complaint which has been filed against that
1197
certificateholder or applicant, unless the department determines
1198
that such notification would be detrimental to the
1199
investigation, in which case the department may withhold
1200
notification.
1201
(d)(c) Each school district shall file in writing with the
1202
department all legally sufficient complaints within 30 days
1203
after the date on which subject matter of the complaint comes to
1204
the attention of the school district. A complaint is legally
1205
sufficient if it contains ultimate facts that show a violation
1206
has occurred as provided in s. 1012.795 and defined by rule. The
1207
school district shall include all information relating to the
1208
complaint which is known to the school district at the time of
1209
filing. Each district school board shall develop and adopt
1210
policies and procedures to comply with this reporting
1211
requirement. School board policies and procedures must include
1212
standards for screening, hiring, and terminating employees,
1213
ethical standards for all employees, responsibilities of
1214
educators to uphold the standards, detailed steps to be followed
1215
in reporting suspected or actual misconduct by any instructional
1216
personnel which affects the health, safety, or welfare of a
1217
student, requirements for the reassignment of an employee
1218
pending the outcome of a misconduct investigation, and penalties
1219
for failing to comply pursuant to ss. 1001.51 and 1012.795. The
1220
district school board policies and procedures shall include
1221
appropriate penalties for all personnel of the district school
1222
board for nonreporting and procedures for promptly informing the
1223
district school superintendent of each legally sufficient
1224
complaint. The district school superintendent is charged with
1225
knowledge of these policies and procedures and is accountable
1226
for communicating the ethical standards, policies, and
1227
procedures, to be provided through professional development for
1228
all staff. If the district school superintendent has knowledge
1229
of a legally sufficient complaint and does not report the
1230
complaint, or fails to enforce the policies and procedures of
1231
the district school board, and fails to comply with the
1232
requirements of this subsection, in addition to other actions
1233
against certificateholders authorized by law, the district
1234
school superintendent is shall be subject to penalties as
1235
specified in s. 1001.51(12). If the superintendent determines
1236
that misconduct affecting the health, safety, or welfare of a
1237
student has occurred which warrants termination, the employee
1238
may not resign but must be terminated and a record, including
1239
the cause of the termination, shall be reported to the
1240
Department of Education and maintained in the employee's public
1241
personnel file. This paragraph does not limit or restrict the
1242
power and duty of the department to investigate complaints as
1243
provided in paragraphs (a) and (c) (b), regardless of the school
1244
district's untimely filing, or failure to file, complaints and
1245
followup reports.
1246
(e)(d) Notwithstanding any other law, all law enforcement
1247
agencies, state attorneys, social service agencies, district
1248
school boards, and the Division of Administrative Hearings shall
1249
fully cooperate with and, upon request, shall provide unredacted
1250
documents to the Department of Education to further
1251
investigations and prosecutions conducted pursuant to this
1252
section. Any document received pursuant to this paragraph may
1253
not be redisclosed except as authorized by law.
1254
(3) The department staff shall advise the commissioner
1255
concerning the findings of the investigation. The department
1256
general counsel or members of that staff shall review the
1257
investigation and advise the commissioner concerning probable
1258
cause or lack thereof. The determination of probable cause shall
1259
be made by the commissioner. The commissioner shall provide an
1260
opportunity for a conference, if requested, prior to determining
1261
probable cause. The commissioner may enter into deferred
1262
prosecution agreements in lieu of finding probable cause if,
1263
when in his or her judgment, such agreements are would be in the
1264
best interests of the department, the certificateholder, and the
1265
public. Such deferred prosecution agreements shall become
1266
effective when filed with the clerk of the Education Practices
1267
Commission. However, a deferred prosecution agreement shall not
1268
be entered into if where there is probable cause to believe that
1269
a felony or an act of moral turpitude, as defined in rule, has
1270
occurred. Upon finding no probable cause, the commissioner shall
1271
dismiss the complaint.
1272
(5) When an allegation of misconduct with a student by
1273
instructional personnel, as defined in s. 1012.01(2), occurs
1274
deemed necessary to protect the health, safety, and welfare of a
1275
minor student, the district school superintendent in
1276
consultation with the school principal, or may, and upon the
1277
request of the Commissioner of Education, must immediately
1278
shall, temporarily suspend the instructional personnel a
1279
certificateholder from the certificateholder's regularly
1280
assigned duties, with pay, and reassign the suspended
1281
instructional personnel certificateholder to a position that
1282
does not require direct contact with students in the district
1283
school system. Such suspension shall continue until the
1284
completion of the proceedings and the determination of
1285
sanctions, if any, pursuant to this section and s. 1012.795.
1286
Section 38. Paragraph (b) of subsection (4) of section
1287
1012.98, Florida Statutes, is amended to read:
1288
1012.98 School Community Professional Development Act.--
1289
(4) The Department of Education, school districts,
1290
schools, community colleges, and state universities share the
1291
responsibilities described in this section. These
1292
responsibilities include the following:
1293
(b) Each school district shall develop a professional
1294
development system as specified in subsection (3). The system
1295
shall be developed in consultation with teachers, teacher-
1296
educators of community colleges and state universities, business
1297
and community representatives, and local education foundations,
1298
consortia, and professional organizations. The professional
1299
development system must:
1300
1. Be approved by the department. All substantial
1301
revisions to the system shall be submitted to the department for
1302
review for continued approval.
1303
2. Be based on analyses of student achievement data and
1304
instructional strategies and methods that support rigorous,
1305
relevant, and challenging curricula for all students. Schools
1306
and districts, in developing and refining the professional
1307
development system, shall also review and monitor school
1308
discipline data; school environment surveys; assessments of
1309
parental satisfaction; performance appraisal data of teachers,
1310
managers, and administrative personnel; and other performance
1311
indicators to identify school and student needs that can be met
1312
by improved professional performance.
1313
3. Provide inservice activities coupled with followup
1314
support appropriate to accomplish district-level and school-
1315
level improvement goals and standards. The inservice activities
1316
for instructional personnel shall focus on analysis of student
1317
achievement data, ongoing formal and informal assessments of
1318
student achievement, identification and use of enhanced and
1319
differentiated instructional strategies that emphasize rigor,
1320
relevance, and reading in the content areas, enhancement of
1321
subject content expertise, integrated use of classroom
1322
technology that enhances teaching and learning, classroom
1323
management, parent involvement, and school safety.
1324
4. Include a master plan for inservice activities,
1325
pursuant to rules of the State Board of Education, for all
1326
district employees from all fund sources. The master plan shall
1327
be updated annually by September 1, must be based on input from
1328
teachers and district and school instructional leaders, and must
1329
use the latest available student achievement data and research
1330
to enhance rigor and relevance in the classroom. Each district
1331
inservice plan must be aligned to and support the school-based
1332
inservice plans and school improvement plans pursuant to s.
1333
1001.42(18) s. 1001.42(16). District plans must be approved by
1334
the district school board annually in order to ensure compliance
1335
with subsection (1) and to allow for dissemination of research-
1336
based best practices to other districts. District school boards
1337
must submit verification of their approval to the Commissioner
1338
of Education no later than October 1, annually.
1339
5. Require each school principal to establish and maintain
1340
an individual professional development plan for each
1341
instructional employee assigned to the school as a seamless
1342
component to the school improvement plans developed pursuant to
1343
s. 1001.42(18) s. 1001.42(16). The individual professional
1344
development plan must:
1345
a. Be related to specific performance data for the
1346
students to whom the teacher is assigned.
1347
b. Define the inservice objectives and specific measurable
1348
improvements expected in student performance as a result of the
1349
inservice activity.
1350
c. Include an evaluation component that determines the
1351
effectiveness of the professional development plan.
1352
6. Include inservice activities for school administrative
1353
personnel that address updated skills necessary for
1354
instructional leadership and effective school management
1355
pursuant to s. 1012.986.
1356
7. Provide for systematic consultation with regional and
1357
state personnel designated to provide technical assistance and
1358
evaluation of local professional development programs.
1359
8. Provide for delivery of professional development by
1360
distance learning and other technology-based delivery systems to
1361
reach more educators at lower costs.
1362
9. Provide for the continuous evaluation of the quality
1363
and effectiveness of professional development programs in order
1364
to eliminate ineffective programs and strategies and to expand
1365
effective ones. Evaluations must consider the impact of such
1366
activities on the performance of participating educators and
1367
their students' achievement and behavior.
1368
Section 39. Subsection (4) of section 1013.03, Florida
1369
Statutes, is amended to read:
1370
1013.03 Functions of the department and the Board of
1371
Governors.--The functions of the Department of Education as it
1372
pertains to educational facilities of school districts and
1373
community colleges and of the Board of Governors as it pertains
1374
to educational facilities of state universities shall include,
1375
but not be limited to, the following:
1376
(4) Require each board and other appropriate agencies to
1377
submit complete and accurate financial data as to the amounts of
1378
funds from all sources that are available and spent for
1379
construction and capital improvements. The commissioner shall
1380
prescribe the format and the date for the submission of this
1381
data and any other educational facilities data. If any district
1382
does not submit the required educational facilities fiscal data
1383
by the prescribed date, the Commissioner of Education shall
1384
notify the district school board of this fact and, if
1385
appropriate action is not taken to immediately submit the
1386
required report, the district school board shall be directed to
1387
proceed pursuant to s. 1001.42(13)(b) the provisions of s.
1388
1001.42(11)(b). If any community college or university does not
1389
submit the required educational facilities fiscal data by the
1390
prescribed date, the same policy prescribed in this subsection
1391
for school districts shall be implemented.
1392
Section 40. This act shall take effect July 1, 2008.
1393
1394
================ T I T L E A M E N D M E N T ================
1395
And the title is amended as follows:
1396
Delete everything before the enacting clause
1397
and insert:
1398
A bill to be entitled
1399
An act relating to ethics; providing a short title;
1400
amending s. 24.121, F.S., relating to public school
1401
funding; conforming cross-references; amending s.
1402
112.3173, F.S.; specifying certain additional offenses
1403
that constitute a breach of the public trust; amending s.
1404
121.091, F.S.; prohibiting the Division of Retirement from
1405
paying benefits to a member who has committed certain
1406
felony offenses against a minor; amending s. 1001.10,
1407
F.S.; requiring the Department of Education to assist
1408
school districts, charter schools, the Florida School for
1409
the Deaf and the Blind, and certain private schools and
1410
providers in developing policies and procedures governing
1411
educator ethics and employment; requiring the department
1412
to provide authorized staff with access to certain
1413
employment-screening tools; amending s. 1001.32, F.S.,
1414
relating to school administration; conforming a cross-
1415
reference; amending s. 1001.42, F.S.; requiring each
1416
district school board to adopt ethical standards for all
1417
employees; prohibiting confidentiality agreements
1418
regarding terminated or dismissed employees which have the
1419
effect of concealing certain conduct; providing that a
1420
district school board official that knowingly signs or
1421
transmits a false report, fails to support policies which
1422
ensure investigation of reports, or fails to report
1423
allegations of misconduct by instructional personnel
1424
forfeits his or her salary for a specified period;
1425
amending s. 1001.452, F.S., relating to district and
1426
school advisory councils; conforming cross-references;
1427
amending s. 1001.51, F.S.; providing that a district
1428
school superintendent or district school board member
1429
forfeits his or her salary for a specified period
1430
following failure to report allegations of misconduct by
1431
instructional personnel; amending ss. 1001.54 and 1002.32,
1432
F.S., relating to duties of principals and lab schools;
1433
conforming cross-references; amending s. 1002.33, F.S.;
1434
requiring charter schools to adopt ethical standards for
1435
all employees; prohibiting confidentiality agreements
1436
regarding terminated or dismissed employees which have the
1437
effect of concealing certain conduct; requiring the school
1438
to contact the prior employer and assess a candidate's
1439
ability to meet ethical standards; requiring the immediate
1440
suspension of an employee upon an allegation of
1441
misconduct; requiring the school to contact the previous
1442
employer of each candidate for employment and notify the
1443
Department of Education dates of employment for
1444
instructional personnel; requiring the charter school
1445
sponsor to suspend the school's charter for failing to
1446
comply with these requirements; amending s. 1002.36, F.S.;
1447
requiring the Florida School for the Deaf and the Blind to
1448
meet certain requirements governing the screening of
1449
educators; amending ss. 1002.421 and 1002.55, F.S.;
1450
requiring owners of certain private schools and private
1451
prekindergarten providers to adopt ethical standards for
1452
all employees; prohibiting confidentiality agreements
1453
regarding terminated or dismissed instructional personnel
1454
which have the effect of concealing certain conduct;
1455
requiring such owners and providers to contact the
1456
previous employer of each instructional candidate for
1457
employment and notify the Department of Education of dates
1458
of employment of an educator; amending ss. 1002.61,
1459
1002.63, 1002.65, 1003.413, 1003.53, and 1004.92, F.S.,
1460
relating to prekindergarten programs and instructors, the
1461
Florida Secondary School Redesign Act, dropout prevention,
1462
and career education; conforming cross-references;
1463
amending s. 1006.061, F.S.; requiring each district school
1464
board to post its policies and procedures for reporting
1465
misconduct by instructional personnel and the penalties
1466
imposed for failing to report suspected or actual child
1467
abuse; amending ss. 1007.21, 1007.23, 1008.33, 1008.345,
1468
1010.215, and 1011.18, F.S., relating to readiness for
1469
postsecondary education and the workplace, the statewide
1470
articulation agreement, public school improvement and
1471
educator accountability, funding accountability, and
1472
school depositories; conforming cross-references; amending
1473
s. 1012.27, F.S.; requiring the district school
1474
superintendent to contact the previous employer of each
1475
instructional candidate for employment, screen the
1476
candidate, and document findings; creating s. 1012.315,
1477
F.S.; specifying offenses that disqualify instructional
1478
personnel from employment in positions involving direct
1479
contact with students; amending s. 1012.32, F.S.;
1480
providing that instructional personnel who have been
1481
convicted of certain offenses are disqualified from
1482
employment in positions having direct contact with
1483
students; amending s. 1012.33, F.S.; providing that just
1484
cause for terminating instructional staff includes
1485
immorality or the commission of a criminal act; amending
1486
s. 1012.34, F.S., relating to assessment procedures;
1487
conforming a cross-reference; amending s. 1012.56, F.S.,
1488
relating to certification requirements for educators;
1489
revising the requirements for conducting state and
1490
national criminal history records checks of persons
1491
seeking certification; providing for the Department of
1492
Education to maintain personnel records on an electronic
1493
database; amending s. 1012.79, F.S.; providing for
1494
additional members to be appointed to the Education
1495
Practices Commission; revising the composition of the
1496
panel appointed to review complaints against teachers;
1497
amending s. 1012.795, F.S.; providing for suspending the
1498
educator certificate of a person who knowingly fails to
1499
report child abuse or suspected or actual misconduct by
1500
instructional personnel; amending s. 1012.796, F.S.;
1501
requiring that the Department of Education investigate
1502
each complaint involving misconduct by instructional
1503
personnel; clarifying what constitutes a legally
1504
sufficient complaint; providing requirements for adopted
1505
school board policies and procedures; providing that the
1506
district school superintendent is accountable for
1507
communicating standards, policies, and procedures to
1508
district employees; requiring that an employee be
1509
immediately suspended and reassigned upon an allegation of
1510
misconduct affecting the health, safety, or welfare of a
1511
student; amending ss. 1012.98 and 1013.03, F.S., relating
1512
to the School Community Professional Development Act and
1513
functions of the department and Board of Governors;
1514
conforming cross-references; providing an effective date.
3/5/2008 11:50:00 AM 581-04463A-08
CODING: Words stricken are deletions; words underlined are additions.