Florida Senate - 2008 SB 1712
By the Committee on Education Pre-K - 12; and Senator Carlton
581-04014D-08 20081712__
1
A bill to be entitled
2
An act relating to ethics; providing a short title;
3
amending s. 24.121, F.S., relating to public school
4
funding; conforming cross-references; amending s.
5
112.3173, F.S.; specifying certain additional offenses
6
that constitute a breach of the public trust; amending s.
7
121.091, F.S.; prohibiting the Division of Retirement from
8
paying benefits to a member who has committed certain
9
felony offenses against a minor; amending s. 1001.03,
10
F.S.; requiring the State Board of Education to adopt by
11
rule a list of specified criminal and delinquent acts that
12
disqualify a person from acquiring or retaining a teaching
13
certificate; amending s. 1001.10, F.S.; requiring the
14
Commissioner of Education to assist school districts, the
15
Florida School for the Deaf and the Blind, and private
16
providers in developing policies and procedures governing
17
educator ethics and employment; amending s. 1001.32, F.S.,
18
relating to school administration; conforming a cross-
19
reference; amending s. 1001.42, F.S.; requiring each
20
district school board to adopt ethical standards for all
21
employees; prohibiting confidentiality agreements
22
regarding terminated or dismissed employees which have the
23
effect of concealing certain conduct; requiring each
24
district school board to adopt a list of criminal or
25
delinquent acts that disqualify a person having direct
26
contact with students from employment; providing that a
27
district school board that knowingly signs or transmits a
28
false report or fails to report allegations of educator
29
misconduct forfeits its right to pay for a specified
30
period; amending s. 1001.452, F.S., relating to district
31
and school advisory councils; conforming cross-references;
32
amending s. 1001.51, F.S.; providing that a district
33
school superintendent or district school board member
34
forfeits his or her salary for a specified period
35
following failure to report allegations of misconduct by
37
relating to duties of principals and lab schools;
38
conforming cross-references; amending s. 1002.36, F.S.;
39
requiring the Florida School for the Deaf and the Blind to
40
meet certain requirements governing the screening of
42
requiring owners of certain private schools and private
43
prekindergarten providers to adopt a list of criminal or
44
delinquent acts that disqualify a person having direct
45
contact with students from employment; requiring such
46
owners and providers to adopt ethical standards for all
47
employees; prohibiting confidentiality agreements
48
regarding terminated or dismissed employees which have the
49
effect of concealing certain conduct; requiring such
50
owners and providers to contact the previous employer of
51
each candidate for employment and notify the Department of
52
Education of the termination of an employee, regardless of
55
programs and instructors, the Florida Secondary School
56
Redesign Act, dropout prevention, and career education;
57
conforming cross-references; amending s. 1006.061, F.S.;
58
requiring each district school board to post its policies
59
and procedures for reporting misconduct by educators and
60
the penalties imposed for failing to report suspected or
63
to readiness for postsecondary education and the
64
workplace, the statewide articulation agreement, public
65
school improvement and educator accountability, funding
66
accountability, and school depositories; conforming cross-
67
references; amending s. 1012.27, F.S.; requiring the
68
district school superintendent to contact the previous
69
employer of each candidate for employment and notify the
70
Department of Education of the termination of an employee,
71
regardless of cause; amending s. 1012.33, F.S.; providing
72
that just cause for terminating instructional staff
73
includes immorality or the commission of a criminal or
74
delinquent act; providing for the termination of other
75
personnel as provided by policy and rules of the district
76
school board; amending s. 1012.34, F.S., relating to
77
assessment procedures; conforming a cross-reference;
78
amending s. 1012.56, F.S., relating to certification
79
requirements for educators; providing for the Department
80
of Education to maintain personnel records on an
81
electronic database; amending s. 1012.79, F.S.; providing
82
for additional members to be appointed to the Education
83
Practices Commission, including five sworn law enforcement
84
officials; revising the composition of the panel appointed
85
to review complaints against teachers; amending s.
86
1012.795, F.S.; providing for suspending the educator
87
certificate of a person who knowingly fails to report
88
child abuse or suspected or actual misconduct by an
89
educator; requiring each district school superintendent
90
and the governing authority of certain schools to report
91
to the department the names of employees dismissed for any
92
reason; providing sanctions for failing to make such
93
reports; amending s. 1012.796, F.S.; requiring that the
94
Department of Education investigate each complaint;
95
clarifying what constitutes a legally sufficient
96
complaint; providing requirements for adopted school board
97
policies and procedures; providing that the district
98
school superintendent is accountable for communicating
99
standards, policies, and procedures to district employees;
100
requiring that an educator be immediately suspended and
101
reassigned upon an allegation of educator misconduct;
103
School Community Professional Development Act and
104
functions of the department and Board of Governors;
105
conforming cross-references; providing an effective date.
106
107
Be It Enacted by the Legislature of the State of Florida:
108
109
Section 1. This act may be cited as the "Ethics in
110
Education Act."
111
Section 2. Paragraphs (c) and (d) of subsection (5) of
112
section 24.121, Florida Statutes, are amended to read:
113
24.121 Allocation of revenues and expenditure of funds for
114
public education.--
115
(5)
116
(c) A portion of such net revenues, as determined annually
117
by the Legislature, shall be distributed to each school district
118
and shall be made available to each public school in the district
119
for enhancing school performance through development and
120
implementation of a school improvement plan pursuant to s.
122
determined annually in the General Appropriations Act, must be
123
allocated to each school in an equal amount for each student
124
enrolled. These moneys may be expended only on programs or
125
projects selected by the school advisory council or by a parent
126
advisory committee created pursuant to this paragraph. If a
127
school does not have a school advisory council, the district
128
advisory council must appoint a parent advisory committee
129
composed of parents of students enrolled in that school, which
130
committee is representative of the ethnic, racial, and economic
131
community served by the school, to advise the school's principal
132
on the programs or projects to be funded. Neither school district
133
staff nor principals may override the recommendations of the
134
school advisory council or the parent advisory committee. These
135
moneys may not be used for capital improvements, nor may they be
136
used for any project or program that has a duration of more than
137
1 year; however, a school advisory council or parent advisory
138
committee may independently determine that a program or project
139
formerly funded under this paragraph should receive funds in a
140
subsequent year.
141
(d) No funds shall be released for any purpose from the
142
Educational Enhancement Trust Fund to any school district in
143
which one or more schools do not have an approved school
145
not comply with school advisory council membership composition
146
requirements pursuant to s. 1001.452(1). The Commissioner of
147
Education shall withhold disbursements from the trust fund to any
148
school district that fails to adopt the performance-based salary
149
schedule required by s. 1012.22(1).
150
Section 3. Paragraph (e) of subsection (2) of section
151
112.3173, Florida Statutes, is amended to read:
152
112.3173 Felonies involving breach of public trust and
153
other specified offenses by public officers and employees;
154
forfeiture of retirement benefits.--
155
(2) DEFINITIONS.--As used in this section, unless the
156
context otherwise requires, the term:
157
(e) "Specified offense" means:
158
1. The committing, aiding, or abetting of an embezzlement
159
of public funds;
160
2. The committing, aiding, or abetting of any theft by a
161
public officer or employee from his or her employer;
162
3. Bribery in connection with the employment of a public
163
officer or employee;
164
4. Any felony specified in chapter 838, except ss. 838.15
165
and 838.16;
166
5. The committing of an impeachable offense; or
167
6. The committing of any felony by a public officer or
168
employee who, willfully and with intent to defraud the public or
169
the public agency for which the public officer or employee acts
170
or in which he or she is employed of the right to receive the
171
faithful performance of his or her duty as a public officer or
172
employee, realizes or obtains, or attempts to realize or obtain,
173
a profit, gain, or advantage for himself or herself or for some
174
other person through the use or attempted use of the power,
175
rights, privileges, duties, or position of his or her public
176
office or employment position; or.
177
7. Effective October 1, 2008, the committing of any felony
178
defined in s. 800.04 against a victim younger than 16 years of
180
against a victim younger than 18 years of age by a public officer
181
or employee through the use or attempted use of power, rights,
182
privileges, duties, or position of his or her public office or
183
employment position.
184
Section 4. Present paragraphs (i) and (j) of subsection (5)
185
of section 121.091, Florida Statutes, are redesignated as
186
subsections (j) and (k), respectively, and a new paragraph (i) is
187
added to that subsecection, to read:
188
121.091 Benefits payable under the system.--Benefits may
189
not be paid under this section unless the member has terminated
190
employment as provided in s. 121.021(39)(a) or begun
191
participation in the Deferred Retirement Option Program as
192
provided in subsection (13), and a proper application has been
193
filed in the manner prescribed by the department. The department
194
may cancel an application for retirement benefits when the member
195
or beneficiary fails to timely provide the information and
196
documents required by this chapter and the department's rules.
197
The department shall adopt rules establishing procedures for
198
application for retirement benefits and for the cancellation of
199
such application when the required information or documents are
200
not received.
201
(5) TERMINATION BENEFITS.--A member whose employment is
202
terminated prior to retirement retains membership rights to
203
previously earned member-noncontributory service credit, and to
204
member-contributory service credit, if the member leaves the
205
member contributions on deposit in his or her retirement account.
206
If a terminated member receives a refund of member contributions,
207
such member may reinstate membership rights to the previously
208
earned service credit represented by the refund by completing 1
209
year of creditable service and repaying the refunded member
210
contributions, plus interest.
211
(i) Effective October 1, 2008, the division may not pay
212
benefits to any member who has committed any felony defined in s.
213
800.04 against a victim younger than 16 years of age or any
215
victim younger than 18 years of age through the use or attempted
216
use of power, rights, privileges, duties, or position of his or
217
her public office or employment position.
218
Section 5. Present subsections (3) through (15) of section
219
1001.03, Florida Statutes, are redesignated as subsections (4)
220
through (16), respectively, and a new subsection (3) is added to
221
that section, to read:
222
1001.03 Specific powers of State Board of Education.--
223
(3) ESTABLISH CRIMINAL OR DELINQUENT ACTS DISQUALIFYING A
224
PERSON FROM ACQUIRING OR RETAINING A FLORIDA EDUCATOR
225
CERTIFICATE.--The State Board of Education shall establish and
226
adopt by rule a list of criminal or delinquent acts that
227
disqualify a person from acquiring or retaining a Florida
228
Educator Certificate when a court of competent jurisdiction has
229
entered a judgment of conviction or an adjudication of
230
delinquency. The board shall review the list annually and amend
231
the list as necessary. A criminal or delinquent act committed in
232
another state or under federal law, the elements of which
233
constitute a criminal or delinquent act in this state, shall be
234
considered for purposes of disqualification as if the act was
235
committed in this state. The list of criminal or delinquent acts
236
must include, at minimum, offenses included in s. 435.04, crimes
237
involving moral turpitude, and the following:
238
(a) Section 787.025, relating to luring or enticing a
239
child.
240
(b) Section 794.05, relating to unlawful sexual activity
241
with certain minors.
242
(c) Section 810.14, relating to voyeurism.
243
(d) Section 810.145, relating to video voyeurism.
244
Section 6. Present subsection (4) of section 1001.10,
245
Florida Statutes, is redesignated as subsection (5), and a new
246
subsection (4) is added to that section, to read:
247
1001.10 Commissioner of Education; general powers and
248
duties.--
249
(4) The Commissioner of Education shall provide technical
250
assistance and support to local school districts, the Florida
251
School for the Deaf and the Blind, and private providers pursuant
253
procedures related to educator ethics and employment.
254
Section 7. Subsection (4) of section 1001.32, Florida
255
Statutes, is amended to read:
256
1001.32 Management, control, operation, administration, and
257
supervision.--The district school system must be managed,
258
controlled, operated, administered, and supervised as follows:
259
(4) SCHOOL PRINCIPAL OR HEAD OF SCHOOL.--Responsibility for
260
the administration of any school or schools at a given school
261
center, for the supervision of instruction therein, and for
262
providing leadership in the development or revision and
263
implementation of a school improvement plan required pursuant to
265
principal or head of the school or schools in accordance with
266
rules established by the district school board.
267
Section 8. Present subsections (6) through (23) of section
268
1001.42, Florida Statutes, are redesignated as subsections (8)
269
through (25), respectively, and new subsections (6) and (7) are
270
added to that section, to read:
271
1001.42 Powers and duties of district school board.--The
272
district school board, acting as a board, shall exercise all
273
powers and perform all duties listed below:
274
(6) ESTABLISH ETHICAL STANDARDS.--Adopt and communicate
275
policies and procedures setting forth ethical standards for all
276
employees. The policies and procedures must include
277
responsibilities and procedures for reporting suspected or actual
278
misconduct by an educator and an explanation of liability
279
protections provided to students, parents, and employees who
280
report suspected or actual misconduct pursuant to s. 39.201, s.
282
employees may not enter into any confidentiality agreement
283
regarding a terminated or dismissed employee or an employee who
284
resigns in lieu of termination and may not provide for any such
285
employee a favorable recommendation for employment in another
286
educational setting. Any portion of an agreement or contract that
287
has the purpose or effect of concealing the conduct of an
288
educator regarding actions over which the Education Practices
289
Commission has disciplinary jurisdiction is void, is contrary to
290
public policy, and may not be enforced.
291
(7) ESTABLISH CRIMINAL OR DELINQUENT ACTS DISQUALIFYING A
292
PERSON FROM EMPLOYMENT.--Establish and adopt a list of criminal
293
or delinquent acts that disqualify a person from employment in a
294
position that involves direct contact with students. The list
295
must include, at minimum, criminal and delinquent acts identified
296
pursuant to s. 1001.03(3). The district school board shall review
297
the list annually and amend the list as necessary. A criminal or
298
delinquent act committed in another state or under federal law,
299
the elements of which constitute a criminal or delinquent act in
300
this state, shall be considered for purposes of disqualification
301
as if the act was committed in this state. Any district school
302
board that knowingly signs and transmits to any state official a
303
false or incorrect report or that fails to ensure investigation
304
of all reports of suspected or actual misconduct and reporting of
305
allegations of misconduct by an educator pursuant to s. 1012.796
306
forfeits its right to any salary for the period of 1 year.
307
Section 9. Paragraphs (a) and (c) of subsection (1) and
308
subsection (2) of section 1001.452, Florida Statutes, are amended
309
to read:
310
1001.452 District and school advisory councils.--
311
(1) ESTABLISHMENT.--
312
(a) The district school board shall establish an advisory
313
council for each school in the district and shall develop
314
procedures for the election and appointment of advisory council
315
members. Each school advisory council shall include in its name
316
the words "school advisory council." The school advisory council
317
shall be the sole body responsible for final decisionmaking at
318
the school relating to implementation of the provisions of ss.
320
of each school advisory council must be persons who are not
321
employed by the school. Each advisory council shall be composed
322
of the principal and an appropriately balanced number of
323
teachers, education support employees, students, parents, and
324
other business and community citizens who are representative of
325
the ethnic, racial, and economic community served by the school.
326
Career center and high school advisory councils shall include
327
students, and middle and junior high school advisory councils may
328
include students. School advisory councils of career centers and
329
adult education centers are not required to include parents as
330
members. Council members representing teachers, education support
331
employees, students, and parents shall be elected by their
332
respective peer groups at the school in a fair and equitable
333
manner as follows:
334
1. Teachers shall be elected by teachers.
335
2. Education support employees shall be elected by
336
education support employees.
337
3. Students shall be elected by students.
338
4. Parents shall be elected by parents.
339
340
The district school board shall establish procedures for use by
341
schools in selecting business and community members that include
342
means of ensuring wide notice of vacancies and of taking input on
343
possible members from local business, chambers of commerce,
344
community and civic organizations and groups, and the public at
345
large. The district school board shall review the membership
346
composition of each advisory council. If the district school
347
board determines that the membership elected by the school is not
348
representative of the ethnic, racial, and economic community
349
served by the school, the district school board shall appoint
350
additional members to achieve proper representation. The
351
commissioner shall determine if schools have maximized their
352
efforts to include on their advisory councils minority persons
353
and persons of lower socioeconomic status. Although schools are
354
strongly encouraged to establish school advisory councils, the
355
district school board of any school district that has a student
356
population of 10,000 or fewer may establish a district advisory
357
council which shall include at least one duly elected teacher
358
from each school in the district. For the purposes of school
359
advisory councils and district advisory councils, the term
360
"teacher" shall include classroom teachers, certified student
361
services personnel, and media specialists. For purposes of this
362
paragraph, "education support employee" means any person employed
363
by a school who is not defined as instructional or administrative
364
personnel pursuant to s. 1012.01 and whose duties require 20 or
365
more hours in each normal working week.
366
(c) For those schools operating for the purpose of
367
providing educational services to youth in Department of Juvenile
368
Justice programs, district school boards may establish a district
369
advisory council with appropriate representatives for the purpose
370
of developing and monitoring a district school improvement plan
371
that encompasses all such schools in the district, pursuant to s.
373
(2) DUTIES.--Each advisory council shall perform such
374
functions as are prescribed by regulations of the district school
375
board; however, no advisory council shall have any of the powers
376
and duties now reserved by law to the district school board. Each
377
school advisory council shall assist in the preparation and
378
evaluation of the school improvement plan required pursuant to s.
380
Department of Education, each school advisory council shall
381
assist in the preparation of the school's annual budget and plan
382
as required by s. 1008.385(1). A portion of funds provided in the
383
annual General Appropriations Act for use by school advisory
384
councils must be used for implementing the school improvement
385
plan.
386
Section 10. Subsection (12) of section 1001.51, Florida
387
Statutes, is amended to read:
388
1001.51 Duties and responsibilities of district school
389
superintendent.--The district school superintendent shall
390
exercise all powers and perform all duties listed below and
391
elsewhere in the law, provided that, in so doing, he or she shall
392
advise and counsel with the district school board. The district
393
school superintendent shall perform all tasks necessary to make
394
sound recommendations, nominations, proposals, and reports
395
required by law to be acted upon by the district school board.
396
All such recommendations, nominations, proposals, and reports by
397
the district school superintendent shall be either recorded in
398
the minutes or shall be made in writing, noted in the minutes,
399
and filed in the public records of the district school board. It
400
shall be presumed that, in the absence of the record required in
401
this section, the recommendations, nominations, and proposals
402
required of the district school superintendent were not contrary
403
to the action taken by the district school board in such matters.
404
(12) RECORDS AND REPORTS.--Recommend such records as should
405
be kept in addition to those prescribed by rules of the State
406
Board of Education; prepare forms for keeping such records as are
407
approved by the district school board; ensure that such records
408
are properly kept; and make all reports that are needed or
409
required, as follows:
410
(a) Forms, blanks, and reports.--Require that all employees
411
accurately keep all records and promptly make in proper form all
412
reports required by the education code or by rules of the State
413
Board of Education; recommend the keeping of such additional
414
records and the making of such additional reports as may be
415
deemed necessary to provide data essential for the operation of
416
the school system; and prepare such forms and blanks as may be
417
required and ensure that these records and reports are properly
418
prepared.
419
(b) Reports to the department.--Prepare, for the approval
420
of the district school board, all reports that may be required by
421
law or rules of the State Board of Education to be made to the
422
department and transmit promptly all such reports, when approved,
423
to the department, as required by law. If any such reports are
424
not transmitted at the time and in the manner prescribed by law
425
or by State Board of Education rules, the salary of the district
426
school superintendent must be withheld until the report has been
427
properly submitted. Unless otherwise provided by rules of the
428
State Board of Education, the annual report on attendance and
429
personnel is due on or before July 1, and the annual school
430
budget and the report on finance are due on the date prescribed
431
by the commissioner.
432
433
Any district school superintendent who knowingly signs and
434
transmits to any state official a false or incorrect report or
435
who fails to investigate all reports of suspected or actual
436
misconduct or report allegations of misconduct by an educator
437
pursuant to s. 1012.796 forfeits shall forfeit his or her right
438
to any salary for the period of 1 year following the from that
439
date of such act or failure to act.
440
Section 11. Subsection (2) of section 1001.54, Florida
441
Statutes, is amended to read:
442
1001.54 Duties of school principals.--
443
(2) Each school principal shall provide instructional
444
leadership in the development, revision, and implementation of a
445
school improvement plan pursuant to s. 1001.42(18) s.
446
1001.42(16).
447
Section 12. Paragraph (b) of subsection (11) of section
448
1002.32, Florida Statutes, is amended to read:
449
1002.32 Developmental research (laboratory) schools.--
450
(11) EXCEPTIONS TO LAW.--To encourage innovative practices
451
and facilitate the mission of the lab schools, in addition to the
452
exceptions to law specified in s. 1001.23(2), the following
453
exceptions shall be permitted for lab schools:
455
1001.42 shall be held in abeyance. Reference to district school
457
of the university or the president's designee.
458
Section 13. Paragraph (g) is added to subsection (7) of
459
section 1002.36, Florida Statutes, to read:
460
1002.36 Florida School for the Deaf and the Blind.--
461
(7) PERSONNEL SCREENING.--
462
(g) For the purpose of protecting the health, safety, and
463
welfare of students and the ethical standards for professional
464
educators, the Florida School for the Deaf and the Blind shall be
465
considered a school district and shall meet the provisions of ss.
467
468
Section 14. Present subsections (4), (5), and (6) of
469
section 1002.421, Florida Statutes, are redesignated as
470
subsections (5), (6), and (7), respectively, and a new subsection
471
(4) is added to that section, to read:
472
1002.421 Accountability of private schools participating in
473
state school choice scholarship programs.--
474
(4) A private school participating in a scholarship program
475
under this section shall:
476
(a) Establish and adopt a list of criminal or delinquent
477
acts that disqualify a person from employment in a position that
478
involves direct contact with students. The list must include, at
479
a minimum, criminal and delinquent acts identified pursuant to s.
480
1001.03(3). The private school shall review the list annually and
481
amend the list as necessary. A criminal or delinquent act
482
committed in another state or under federal law, the elements of
483
which constitute a criminal or delinquent act in this state,
484
shall be considered for purposes of disqualification as if the
485
act was committed in this state.
486
(b) Adopt and communicate policies and procedures setting
487
forth ethical standards for all employees. The policies and
488
procedures must include responsibilities and procedures for
489
reporting suspected or actual misconduct by an educator and an
490
explanation of liability protections provided to students,
491
parents, and employees who report suspected or actual misconduct
493
or any of its employees may not enter into any confidentiality
494
agreement regarding a terminated or dismissed employee or an
495
employee who resigns in lieu of termination and may not provide
496
for any such employee a favorable recommendation for employment
497
in another educational setting. Any portion of an agreement or
498
contract that has the purpose or effect of concealing the conduct
499
of an educator regarding actions over which the Education
500
Practices Commission has disciplinary jurisdiction is void, is
501
contrary to public policy, and may not be enforced.
502
(c) Prior to appointing a candidate to any position,
503
contact the previous employer of the candidate to assess the
504
candidate's ability to meet ethical standards for professional
505
educators, screen the candidate through the use of educator
506
screening tools provided by the Department of Education, and
507
document findings.
508
(d) In order to protect the health, safety, and welfare of
509
a minor student, immediately suspend an educator from his or her
510
regularly assigned duties, with pay, and reassign the suspended
511
educator to a position that does not require direct contact with
512
students when an allegation of educator misconduct occurs which
513
involves that educator. Such suspension shall continue until the
514
completion of an investigation by a local law enforcement agency
515
or the Department of Education and the determination of
517
(e) Report to the Department of Education the name of any
518
person who has been dismissed or severed from employment for any
519
reason, regardless of cause. The Department of Education shall
520
include termination information on a secure website for use by
521
authorized school district personnel and private schools that
522
accept students pursuant to this section or s. 1002.55.
523
524
The department shall prohibit a private school that fails to
525
comply with this subsection from accepting students pursuant to
526
this section and disqualify the private school from accepting
527
state funds for a period of 1 calendar year. The Education
528
Practices Commission shall impose applicable certification
529
sanctions pursuant to s. 1012.795.
530
Section 15. Present subsections (2), (3), and (4) of
531
section 1002.55, Florida Statutes, are redesignated as
532
subsections (3), (4), and (5), respectively, a new subsection (2)
533
is added to that section, and present subsection (4) of that
534
section is amended, to read:
535
1002.55 School-year prekindergarten program delivered by
536
private prekindergarten providers.--
537
(2) A private school participating in the Voluntary
538
Prekindergarten Education Program under this section shall:
539
(a) Establish and adopt a list of criminal or delinquent
540
acts that disqualify a person from employment in a position that
541
involves direct contact with students. The list must include, at
542
minimum, criminal and delinquent acts identified pursuant to s.
543
1001.03(3). The private school shall review the list annually and
544
amend the list as necessary. A criminal or delinquent act
545
committed in another state or under federal law, the elements of
546
which constitute a criminal or delinquent act in this state,
547
shall be considered for purposes of disqualification as if the
548
act was committed in this state.
549
(b) Adopt and communicate policies and procedures setting
550
forth ethical standards for all employees. The policies and
551
procedures must include responsibilities and procedures for
552
reporting suspected or actual misconduct by an educator and an
553
explanation of liability protections provided to students,
554
parents, and employees who report suspected or actual misconduct
556
or any of its employees may not enter into any confidentiality
557
agreement regarding a terminated or dismissed employee or an
558
employee who resigns in lieu of termination and may not provide
559
for such employee a favorable recommendation for employment in
560
another educational setting. Any portion of an agreement or
561
contract that has the purpose or effect of concealing the conduct
562
of an educator regarding actions over which the Education
563
Practices Commission has disciplinary jurisdiction is void, is
564
contrary to public policy, and may not be enforced.
565
(c) Prior to appointing a candidate to any position,
566
contact the previous employer of the candidate to assess the
567
candidate's ability to meet ethical standards for professional
568
educators and screen the candidate through the use of educator
569
screening tools provided by the Department of Education, and
570
document findings.
571
(d) In order to protect the health, safety, and welfare of
572
a minor student, immediately suspend an educator from the
573
regularly assigned duties, with pay, and reassign the suspended
574
educator to a position that does not require direct contact with
575
students when an allegation of educator misconduct occurs which
576
involves that educator. Such suspension shall continue until the
577
completion of an investigation by a local law enforcement agency
578
or the Department of Education and the determination of
580
(d) Report to the Department of Education the name of any
581
person who has been dismissed or severed from employment for any
582
reason, regardless of cause. The Department of Education shall
583
include termination information on a secure website for use by
584
authorized school district personnel and private schools that
585
accept students pursuant to s. 1002.421 or this section.
586
587
The department shall prohibit a private school that fails to
588
comply with this subsection from accepting students pursuant to
589
this section and disqualify the private school from accepting
590
state funds for a period of 1 calendar year. The Education
591
Practices Commission shall impose applicable certification
592
sanctions pursuant to s. 1012.795.
593
(5)(4) A prekindergarten instructor, in lieu of the minimum
594
credentials and courses required under paragraph (4)(c) (3)(c),
595
may hold one of the following educational credentials:
596
(a) A bachelor's or higher degree in early childhood
597
education, prekindergarten or primary education, preschool
598
education, or family and consumer science;
599
(b) A bachelor's or higher degree in elementary education,
600
if the prekindergarten instructor has been certified to teach
601
children any age from birth through 6th grade, regardless of
602
whether the instructor's educator certificate is current, and if
603
the instructor is not ineligible to teach in a public school
604
because his or her educator certificate is suspended or revoked;
605
(c) An associate's or higher degree in child development;
606
(d) An associate's or higher degree in an unrelated field,
607
at least 6 credit hours in early childhood education or child
608
development, and at least 480 hours of experience in teaching or
609
providing child care services for children any age from birth
610
through 8 years of age; or
611
(e) An educational credential approved by the department as
612
being equivalent to or greater than an educational credential
613
described in this subsection. The department may adopt criteria
614
and procedures for approving equivalent educational credentials
615
under this paragraph.
616
Section 16. Subsections (4) and (6) of section 1002.61,
617
Florida Statutes, are amended to read:
618
1002.61 Summer prekindergarten program delivered by public
619
schools and private prekindergarten providers.--
621
1002.63(5), each public school and private prekindergarten
622
provider must have, for each prekindergarten class, at least one
623
prekindergarten instructor who:
624
(a) Is a certified teacher; or
625
(b) Holds one of the educational credentials specified in
626
s. 1002.55(4)(a) or (b).
627
628
As used in this subsection, the term "certified teacher" means a
629
teacher holding a valid Florida educator certificate under s.
630
1012.56 who has the qualifications required by the district
631
school board to instruct students in the summer prekindergarten
632
program. In selecting instructional staff for the summer
633
prekindergarten program, each school district shall give priority
634
to teachers who have experience or coursework in early childhood
635
education.
637
1002.63(7), each prekindergarten class in the summer
638
prekindergarten program, regardless of whether the class is a
639
public school's or private prekindergarten provider's class, must
640
be composed of at least 4 students but may not exceed 10
641
students. In order to protect the health and safety of students,
642
each public school or private prekindergarten provider must also
643
provide appropriate adult supervision for students at all times.
644
This subsection does not supersede any requirement imposed on a
646
Section 17. Subsections (5) and (7) of section 1002.63,
647
Florida Statutes, are amended to read:
648
1002.63 School-year prekindergarten program delivered by
649
public schools.--
650
(5) Each public school must have, for each prekindergarten
651
class, at least one prekindergarten instructor who meets each
653
prekindergarten instructor of a private prekindergarten provider.
654
(7) Each prekindergarten class in a public school
655
delivering the school-year prekindergarten program must be
656
composed of at least 4 students but may not exceed 18 students.
657
In order to protect the health and safety of students, each
658
school must also provide appropriate adult supervision for
659
students at all times and, for each prekindergarten class
660
composed of 11 or more students, must have, in addition to a
661
prekindergarten instructor who meets the requirements of s.
663
prekindergarten instructor who is not required to meet those
664
requirements but who must meet each requirement of subsection
665
(6).
666
Section 18. Paragraph (a) of subsection (2) of section
667
1002.65, Florida Statutes, is amended to read:
668
1002.65 Professional credentials of prekindergarten
669
instructors; aspirational goals; legislative intent.--
670
(2) To improve these educational outcomes, the Legislature
671
intends that all prekindergarten instructors will continue to
672
improve their skills and preparation through education and
673
training, so that the following aspirational goals will be
674
achieved:
675
(a) By the 2010-2011 school year:
676
1. Each prekindergarten class will have at least one
677
prekindergarten instructor who holds an associate's or higher
678
degree in the field of early childhood education or child
679
development; and
680
2. For each prekindergarten class composed of 11 or more
681
students, in addition to a prekindergarten instructor who meets
682
the requirements of subparagraph 1., the class will have at least
683
one prekindergarten instructor who meets the requirements of s.
685
Section 19. Subsection (2) of section 1003.413, Florida
686
Statutes, is amended to read:
687
1003.413 Florida Secondary School Redesign Act.--
688
(2) The following guiding principles for secondary school
689
redesign shall be used in the annual preparation of each
690
secondary school's improvement plan required by s. 1001.42(18) s.
691
1001.42(16):
692
(a) Struggling students, especially those in failing
693
schools, need the highest quality teachers and dramatically
694
different, innovative approaches to teaching and learning.
695
(b) Every teacher must contribute to every student's
696
reading improvement.
697
(c) Quality professional development provides teachers and
698
principals with the tools they need to better serve students.
699
(d) Small learning communities allow teachers to
700
personalize instruction to better address student learning
701
styles, strengths, and weaknesses.
702
(e) Intensive intervention in reading and mathematics must
703
occur early and through innovative delivery systems.
704
(f) Parents need access to tools they can use to monitor
705
their child's progress in school, communicate with teachers, and
706
act early on behalf of their child.
707
(g) Applied and integrated courses help students see the
708
relationships between subjects and relevance to their futures.
709
(h) School is more relevant when students choose courses
710
based on their goals, interests, and talents.
711
(i) Master schedules should not determine instruction and
712
must be designed based on student needs, not adult or
713
institutional needs.
714
(j) Academic and career planning engages students in
715
developing a personally meaningful course of study so they can
716
achieve goals they have set for themselves.
717
Section 20. Paragraph (b) of subsection (2) of section
718
1003.53, Florida Statutes, is amended to read:
719
1003.53 Dropout prevention and academic intervention.--
720
(2)
721
(b) Each school that establishes a dropout prevention and
722
academic intervention program at that school site shall reflect
723
that program in the school improvement plan as required under s.
725
Section 21. Subsections (1) and (3) of section 1004.92,
726
Florida Statutes, are amended to read:
727
1004.92 Purpose and responsibilities for career
728
education.--
729
(1) The purpose of career education is to enable students
730
who complete career programs to attain and sustain employment and
731
realize economic self-sufficiency. The purpose of this section is
732
to identify issues related to career education for which school
733
boards and community college boards of trustees are accountable.
734
It is the intent of the Legislature that the standards
735
articulated in subsection (2) be considered in the development of
736
accountability standards for public schools pursuant to ss.
738
colleges pursuant to s. 1008.45.
739
(3) Each career center operated by a district school board
740
shall establish a center advisory council pursuant to s.
741
1001.452. The center advisory council shall assist in the
742
preparation and evaluation of center improvement plans required
744
assistance, upon the request of the center director, in the
745
preparation of the center's annual budget and plan as required by
746
s. 1008.385(1).
747
Section 22. Present subsection (2) of section 1006.061,
748
Florida Statutes, is redesignated as subsection (3), and a new
749
subsection (2) is added to that section, to read:
750
1006.061 Child abuse, abandonment, and neglect
751
policy.--Each district school board shall:
752
(2) Post in a prominent place in each district site the
753
school board policies and procedures for reporting suspected or
754
actual misconduct with students by an educator, the district
755
contact person to whom the report should be made, and the
756
penalties imposed against an educator for failing to report
757
suspected or actual child abuse pursuant to s. 1012.795.
758
Section 23. Paragraph (c) of subsection (2) of section
759
1007.21, Florida Statutes, is amended to read:
760
1007.21 Readiness for postsecondary education and the
761
workplace.--
762
(2)
763
(c) The common placement test authorized in ss. 1001.03(11)
765
all high school second semester sophomores who have chosen one of
766
the four destinations. The results of the placement test shall be
767
used to target additional instructional needs in reading,
768
writing, and mathematics prior to graduation.
769
Section 24. Subsection (5) of section 1007.23, Florida
770
Statutes, is amended to read:
771
1007.23 Statewide articulation agreement.--
772
(5) The articulation agreement must guarantee the
773
articulation of 9 credit hours toward a postsecondary degree in
774
early childhood education for programs approved by the State
775
Board of Education and the Board of Governors which:
776
(a) Award a child development associate credential issued
777
by the National Credentialing Program of the Council for
778
Professional Recognition or award a credential approved under s.
780
being equivalent to the child development associate credential;
781
and
782
(b) Include training in emergent literacy which meets or
783
exceeds the minimum standards for training courses for
784
prekindergarten instructors of the Voluntary Prekindergarten
785
Education Program in s. 1002.59.
786
Section 25. Subsection (4) of section 1008.33, Florida
787
Statutes, is amended to read:
788
1008.33 Authority to enforce public school improvement.--It
789
is the intent of the Legislature that all public schools be held
790
accountable for students performing at acceptable levels. A
791
system of school improvement and accountability that assesses
792
student performance by school, identifies schools in which
793
students are not making adequate progress toward state standards,
794
institutes appropriate measures for enforcing improvement, and
795
provides rewards and sanctions based on performance shall be the
796
responsibility of the State Board of Education.
797
(4) The State Board of Education may require the Department
798
of Education or Chief Financial Officer to withhold any transfer
799
of state funds to the school district if, within the timeframe
800
specified in state board action, the school district has failed
801
to comply with the action ordered to improve the district's low-
802
performing schools. Withholding the transfer of funds shall occur
803
only after all other recommended actions for school improvement
804
have failed to improve performance. The State Board of Education
805
may impose the same penalty on any district school board that
806
fails to develop and implement a plan for assistance and
807
intervention for low-performing schools as specified in s.
809
Section 26. Paragraph (c) of subsection (6) of section
810
1008.345, Florida Statutes, is amended to read:
811
1008.345 Implementation of state system of school
812
improvement and education accountability.--
813
(6)
814
(c) Pursuant to s. 24.121(5)(d), the department shall not
815
release funds from the Educational Enhancement Trust Fund to any
816
district in which a school, including schools operating for the
817
purpose of providing educational services to youth in Department
818
of Juvenile Justice programs, does not have an approved school
820
after 1 full school year of planning and development, or does not
821
comply with school advisory council membership composition
822
requirements pursuant to s. 1001.452. The department shall send a
823
technical assistance team to each school without an approved plan
824
to develop such school improvement plan or to each school without
825
appropriate school advisory council membership composition to
826
develop a strategy for corrective action. The department shall
827
release the funds upon approval of the plan or upon establishment
828
of a plan of corrective action. Notice shall be given to the
829
public of the department's intervention and shall identify each
830
school without a plan or without appropriate school advisory
831
council membership composition.
832
Section 27. Subsection (5) of section 1010.215, Florida
833
Statutes, is amended to read:
834
1010.215 Educational funding accountability.--
835
(5) The annual school public accountability report required
837
financial report. The purpose of the school financial report is
838
to better inform parents and the public concerning how funds were
839
spent to operate the school during the prior fiscal year. Each
840
school's financial report must follow a uniform, districtwide
841
format that is easy to read and understand.
842
(a) Total revenue must be reported at the school, district,
843
and state levels. The revenue sources that must be addressed are
844
state and local funds, other than lottery funds; lottery funds;
845
federal funds; and private donations.
846
(b) Expenditures must be reported as the total expenditures
847
per unweighted full-time equivalent student at the school level
848
and the average expenditures per full-time equivalent student at
849
the district and state levels in each of the following categories
850
and subcategories:
851
1. Teachers, excluding substitute teachers, and education
852
paraprofessionals who provide direct classroom instruction to
853
students enrolled in programs classified by s. 1011.62 as:
854
a. Basic programs;
855
b. Students-at-risk programs;
856
c. Special programs for exceptional students;
857
d. Career education programs; and
858
e. Adult programs.
859
2. Substitute teachers.
860
3. Other instructional personnel, including school-based
861
instructional specialists and their assistants.
862
4. Contracted instructional services, including training
863
for instructional staff and other contracted instructional
864
services.
865
5. School administration, including school-based
866
administrative personnel and school-based education support
867
personnel.
868
6. The following materials, supplies, and operating capital
869
outlay:
870
a. Textbooks;
871
b. Computer hardware and software;
872
c. Other instructional materials;
873
d. Other materials and supplies; and
874
e. Library media materials.
875
7. Food services.
876
8. Other support services.
877
9. Operation and maintenance of the school plant.
878
(c) The school financial report must also identify the
879
types of district-level expenditures that support the school's
880
operations. The total amount of these district-level expenditures
881
must be reported and expressed as total expenditures per full-
882
time equivalent student.
883
Section 28. Paragraph (b) of subsection (6) of section
884
1011.18, Florida Statutes, is amended to read:
885
1011.18 School depositories; payments into and withdrawals
886
from depositories.--
887
(6) EXEMPTION FOR SELF-INSURANCE PROGRAMS AND THIRD-PARTY
888
ADMINISTERED EMPLOYEES' FRINGE BENEFIT PROGRAMS.--
889
(b) The district school board may contract with an
890
insurance company or professional administrator who holds a valid
891
certificate of authority issued by the Office of Insurance
892
Regulation of the Financial Services Commission to provide any or
893
all services that a third-party administrator is authorized by
894
law to perform. Pursuant to such contract, the district school
895
board may advance or remit money to the administrator to be
896
deposited in a designated special checking account for paying
897
claims against the district school board under its self-insurance
898
programs, and remitting premiums to the providers of insured
899
benefits on behalf of the district school board and the
900
participants in such programs, and otherwise fulfilling the
901
obligations imposed upon the administrator by law and the
902
contractual agreements between the district school board and the
903
administrator. The special checking account shall be maintained
904
in a designated district school depository. The district school
905
board may replenish such account as often as necessary upon the
906
presentation by the service organization of documentation for
907
claims or premiums due paid equal to the amount of the requested
908
reimbursement. Such replenishment shall be made by a warrant
909
signed by the chair of the district school board and
910
countersigned by the district school superintendent. Such
911
replenishment may be made by electronic, telephonic, or other
912
medium, and each transfer shall be confirmed in writing and
913
signed by the district school superintendent or his or her
914
designee. The provisions of strict accountability of all funds
915
and an annual audit by an independent certified public accountant
917
this subsection.
918
Section 29. Present subsection (6) of section 1012.27,
919
Florida Statutes, is redesignated as subsection (7), and a new
920
subsection (6) is added to that section, to read:
921
1012.27 Public school personnel; powers and duties of
922
district school superintendent.--The district school
923
superintendent is responsible for directing the work of the
924
personnel, subject to the requirements of this chapter, and in
925
addition the district school superintendent shall perform the
926
following:
927
(6) Before appointing a candidate to any position in the
928
district school system, contact the previous employer of the
929
candidate to assess the candidate's ability to meet state and
930
local ethical standards for professional educators, and screen
931
the candidate through the use of educator screening tools
932
provided by the Department of Education, and document findings.
933
The school superintendent shall report to the Department of
934
Education the termination of any employee, regardless of cause,
935
and the Department of Education shall include termination
936
information on a secure website for use by authorized school
937
district personnel and private schools that accept students
939
Section 30. Paragraph (a) of subsection (1), paragraph (c)
940
of subsection (4), and paragraph (b) of subsection (6) of section
941
1012.33, Florida Statutes, are amended to read:
942
1012.33 Contracts with instructional staff, supervisors,
943
and school principals.--
944
(1)(a) Each person employed as a member of the
945
instructional staff in any district school system shall be
947
employed pursuant to s. 1012.39 and shall be entitled to and
948
shall receive a written contract as specified in this section.
949
All such contracts, except continuing contracts as specified in
950
subsection (4), shall contain provisions for dismissal during the
951
term of the contract only for just cause. Just cause includes,
952
but is not limited to, the following instances, as defined by
953
district school board policy or rules rule of the State Board of
954
Education: immorality, misconduct in office, incompetency, gross
955
insubordination, willful neglect of duty, or the commission of a
956
criminal or delinquent act, regardless of adjudication, or crimes
957
conviction of a crime involving moral turpitude.
958
(4)
959
(c) Any member of the district administrative or
960
supervisory staff and any member of the instructional staff,
961
including any school principal, who is under continuing contract
962
may be suspended or dismissed at any time during the school year;
963
however, the charges against him or her must be based on
964
immorality, misconduct in office, incompetency, gross
965
insubordination, willful neglect of duty, drunkenness, or crimes
966
conviction of a crime involving moral turpitude, as these terms
967
are defined by district school board policy or rules rule of the
968
State Board of Education, or the commission of a criminal or
969
delinquent act, regardless of adjudication. Whenever such charges
970
are made against any such employee of the district school board,
971
the district school board may suspend such person without pay;
972
but, if the charges are not sustained, he or she shall be
973
immediately reinstated, and his or her back salary shall be paid.
974
In cases of suspension by the district school board or by the
975
district school superintendent, the district school board shall
976
determine upon the evidence submitted whether the charges have
977
been sustained and, if the charges are sustained, shall determine
978
either to dismiss the employee or fix the terms under which he or
979
she may be reinstated. If such charges are sustained by a
980
majority vote of the full membership of the district school board
981
and such employee is discharged, his or her contract of
982
employment shall be thereby canceled. Any such decision adverse
983
to the employee may be appealed by the employee pursuant to s.
984
120.68, provided such appeal is filed within 30 days after the
985
decision of the district school board.
986
(6)
987
(b) Any member of the district administrative or
988
supervisory staff, including any principal but excluding an
989
employee specified in subsection (4), may be suspended or
990
dismissed at any time during the term of the contract; however,
991
the charges against him or her must be based on immorality,
992
misconduct in office, incompetency, gross insubordination,
993
willful neglect of duty, drunkenness, or crimes conviction of any
994
crime involving moral turpitude, as these terms are defined by
995
district school board policy or rules rule of the State Board of
996
Education. Whenever such charges are made against any such
997
employee of the district school board, the district school board
998
may suspend the employee without pay; but, if the charges are not
999
sustained, he or she shall be immediately reinstated, and his or
1000
her back salary shall be paid. In cases of suspension by the
1001
district school board or by the district school superintendent,
1002
the district school board shall determine upon the evidence
1003
submitted whether the charges have been sustained and, if the
1004
charges are sustained, shall determine either to dismiss the
1005
employee or fix the terms under which he or she may be
1006
reinstated. If such charges are sustained by a majority vote of
1007
the full membership of the district school board and such
1008
employee is discharged, his or her contract of employment shall
1009
be thereby canceled. Any such decision adverse to the employee
1010
may be appealed by him or her pursuant to s. 120.68, provided
1011
such appeal is filed within 30 days after the decision of the
1012
district school board.
1013
Section 31. Subsection (4) of section 1012.34, Florida
1014
Statutes, is amended to read:
1015
1012.34 Assessment procedures and criteria.--
1016
(4) The district school superintendent shall notify the
1017
department of any instructional personnel who receive two
1018
consecutive unsatisfactory evaluations and who have been given
1019
written notice by the district that their employment is being
1020
terminated or is not being renewed or that the district school
1021
board intends to terminate, or not renew, their employment. The
1022
department shall conduct an investigation to determine whether
1023
action shall be taken against the certificateholder pursuant to
1025
Section 32. Subsection (14) of section 1012.56, Florida
1026
Statutes, is amended to read:
1027
1012.56 Educator certification requirements.--
1028
(14) PERSONNEL RECORDS.--The Department of Education shall
1029
maintain an electronic database that includes, but need not be
1030
limited to, a complete statement of the academic preparation,
1031
professional training, and teaching experience of each person to
1032
whom a certificate is issued. The applicant or the district
1033
school superintendent shall furnish the information using a
1034
format or forms provided by the department.
1035
Section 33. Section 1012.79, Florida Statutes, is amended
1036
to read:
1037
1012.79 Education Practices Commission; organization.--
1038
(1) The Education Practices Commission consists of 25 17
1039
members, including 8 7 teachers, 5 administrators, and 7 5 lay
1040
citizens (of whom 5 shall be parents of public school students
1041
and who are unrelated to public school employees and 2 shall be
1042
former district school board members), and 5 sworn law
1043
enforcement officials, appointed by the State Board of Education
1044
from nominations by the Commissioner of Education and subject to
1045
Senate confirmation. Prior to making nominations, the
1046
commissioner shall consult with the teaching associations, parent
1047
organizations, law enforcement agencies, and other involved
1048
associations in the state. In making nominations, the
1049
commissioner shall attempt to achieve equal geographical
1050
representation, as closely as possible.
1051
(a) A teacher member, in order to be qualified for
1052
appointment:
1053
1. Must be certified to teach in the state.
1054
2. Must be a resident of the state.
1055
3. Must have practiced the profession in this state for at
1056
least 5 years immediately preceding the appointment.
1057
(b) A school administrator member, in order to be qualified
1058
for appointment:
1059
1. Must have an endorsement on the educator certificate in
1060
the area of school administration or supervision.
1061
2. Must be a resident of the state.
1062
3. Must have practiced the profession as an administrator
1063
for at least 5 years immediately preceding the appointment.
1064
(c) The lay members must be residents of the state.
1065
(d) The members who are law enforcement officials must have
1066
served in the profession for at least 5 years immediately
1067
preceding appointment and have background expertise in child
1068
safety.
1069
(2) Members of the commission shall serve for 4-year
1070
staggered terms. No commission member may serve more than 8
1071
years.
1072
(3) The State Board of Education may remove any member from
1073
the commission for misconduct or malfeasance in office,
1074
incapacity, or neglect of duty.
1075
(4) From among its members, the commission shall elect a
1076
chair who shall preside over meetings of the commission and
1077
perform other duties directed by the commission or required by
1078
its duly adopted rules or operating procedures. School districts
1079
shall be reimbursed for substitute teachers required to replace
1080
commission members, when they are carrying out their official
1081
duties, at a rate established by the school district for
1082
substitute teachers. The department may reimburse local school
1083
districts for substitutes.
1084
(5) The commission, by a vote of three-fourths of the
1085
membership, shall employ an executive director, who shall be
1086
exempt from career service. The executive director may be
1087
dismissed by a majority vote of the membership.
1088
(6)(a) The commission shall be assigned to the Department
1089
of Education for administrative purposes. The commission, in the
1090
performance of its powers and duties, shall not be subject to
1091
control, supervision, or direction by the Department of
1092
Education.
1093
(b) The property, personnel, and appropriations related to
1094
the specified authority, powers, duties, and responsibilities of
1095
the commission shall be provided to the commission by the
1096
Department of Education.
1097
(7) The duties and responsibilities of the commission are
1098
to:
1099
(a) Interpret and apply the standards of professional
1100
practice established by the State Board of Education.
1101
(b) Revoke or suspend a certificate or take other
1103
(c) Report to and meet with the State Board of Education at
1104
least once each year.
1106
implement provisions of law conferring duties upon it.
1107
(8)(a) The commission shall, from time to time, designate
1108
members of the commission to serve on panels for the purpose of
1109
reviewing and issuing final orders upon cases presented to the
1110
commission. A case concerning a complaint against a teacher shall
1111
be reviewed and a final order thereon shall be entered by a panel
1112
composed of five commission members, at least one of whom must be
1113
a parent, one of whom must be a sworn law enforcement officer,
1114
and three of whom must shall be teachers. A case concerning a
1115
complaint against an administrator shall be reviewed and a final
1116
order thereon shall be entered by a panel composed of five
1117
commission members, at least one of whom must be a parent, one of
1118
whom must be a sworn law enforcement officer, and three of whom
1119
shall be administrators.
1120
(b) A majority of a quorum of a panel of the commission
1121
shall have final agency authority in all cases involving the
1122
revocation, suspension, or other disciplining of certificates of
1123
teachers and school administrators. A majority of the membership
1124
of the panel shall constitute a quorum. The district school board
1125
shall retain the authority to discipline teachers and
1126
administrators pursuant to law.
1127
(9) The commission shall make such expenditures as may be
1128
necessary in exercising its authority and powers and carrying out
1129
its duties and responsibilities, including expenditures for
1130
personal services, general counsel or access to counsel, and rent
1131
at the seat of government and elsewhere; for books of reference,
1132
periodicals, furniture, equipment, and supplies; and for printing
1133
and binding. The expenditures of the commission shall be subject
1134
to the powers and duties of the Department of Financial Services
1135
as provided in s. 17.03.
1136
(10) The commission shall be financed from the following:
1137
certification fees; fines, penalties, and costs collected
1138
pursuant to s. 1012.796(9); and general revenue.
1139
Section 34. Subsection (1) of section 1012.795, Florida
1140
Statutes, is amended to read:
1141
1012.795 Education Practices Commission; authority to
1142
discipline.--
1143
(1) The Education Practices Commission may suspend the
1144
educator certificate of any person as defined in s. 1012.01(2) or
1145
(3) for a period of time not to exceed 5 years, thereby denying
1146
that person the right to teach or otherwise be employed by a
1147
district school board or public school in any capacity requiring
1148
direct contact with students for that period of time, after which
1149
the holder may return to teaching as provided in subsection (4);
1150
may revoke the educator certificate of any person, thereby
1151
denying that person the right to teach or otherwise be employed
1152
by a district school board or public school in any capacity
1153
requiring direct contact with students for a period of time not
1154
to exceed 10 years, with reinstatement subject to the provisions
1155
of subsection (4); may revoke permanently the educator
1156
certificate of any person thereby denying that person the right
1157
to teach or otherwise be employed by a district school board or
1158
public school in any capacity requiring direct contact with
1159
students; may suspend the educator certificate, upon order of the
1160
court, of any person found to have a delinquent child support
1161
obligation; or may impose any other penalty provided by law,
1162
provided it can be shown that the person:
1163
(a) Obtained or attempted to obtain an educator certificate
1164
by fraudulent means.
1165
(b) Knowingly failed to report any suspected or actual
1166
child abuse pursuant to s. 1006.061 or misconduct by an educator
1167
which affects the health, safety, or welfare of a student.
1168
(c)(b) Has proved to be incompetent to teach or to perform
1169
duties as an employee of the public school system or to teach in
1170
or to operate a private school.
1171
(d)(c) Has been guilty of gross immorality or an act
1172
involving moral turpitude as defined by rules of the State Board
1173
of Education.
1174
(e)(d) Has had an educator certificate sanctioned by
1175
revocation, suspension, or surrender in another state.
1176
(f)(e) Has been convicted of a misdemeanor, felony, or any
1177
other criminal charge, other than a minor traffic violation.
1178
(g)(f) Upon investigation, has been found guilty of
1179
personal conduct which seriously reduces that person's
1180
effectiveness as an employee of the district school board.
1181
(h)(g) Has breached a contract, as provided in s.
1182
1012.33(2).
1183
(i)(h) Has been the subject of a court order directing the
1184
Education Practices Commission to suspend the certificate as a
1185
result of a delinquent child support obligation.
1186
(j)(i) Has violated the Principles of Professional Conduct
1187
for the Education Profession prescribed by State Board of
1188
Education rules.
1189
(k)(j) Has otherwise violated the provisions of law, the
1190
penalty for which is the revocation of the educator certificate.
1191
(l)(k) Has violated any order of the Education Practices
1192
Commission.
1193
(m)(l) Has been the subject of a court order or plea
1194
agreement in any jurisdiction which requires the
1195
certificateholder to surrender or otherwise relinquish his or her
1196
educator's certificate. A surrender or relinquishment shall be
1197
for permanent revocation of the certificate. A person may not
1198
surrender or otherwise relinquish his or her certificate prior to
1199
a finding of probable cause by the commissioner as provided in s.
1200
1201
1202
Failure to report employee actions as outlined in this subsection
1203
shall result in prohibition to accept students pursuant to s.
1205
penalties pursuant to s. 1001.51; and certification sanctions
1206
pursuant to this section.
1207
Section 35. Subsections (1), (3), and (5) of section
1208
1012.796, Florida Statutes, are amended to read:
1209
1012.796 Complaints against teachers and administrators;
1210
procedure; penalties.--
1211
(1)(a) The Department of Education shall cause to be
1212
investigated expeditiously any complaint filed before it or
1213
otherwise called to its attention which, if legally sufficient,
1214
contains grounds for the revocation or suspension of a
1215
certificate or any other appropriate penalty as set forth in
1216
subsection (7). The complaint is legally sufficient if it
1217
contains the ultimate facts which show a violation has occurred
1218
as provided in s. 1012.795 and defined in rules. The department
1219
shall may investigate or continue to investigate and take
1220
appropriate action on a complaint even though the original
1221
complainant withdraws the complaint or otherwise indicates a
1222
desire not to cause it to be investigated or prosecuted to
1223
completion. The department may investigate or continue to
1224
investigate and take action on a complaint filed against a person
1225
whose educator certificate has expired if the act or acts that
1226
which are the basis for the complaint were allegedly committed
1227
while that person possessed an educator certificate.
1228
(b) The Department of Education shall cause to be
1229
investigated immediately any complaint filed before it or
1230
otherwise called to its attention which involves misconduct by an
1231
educator with a student or any complaint filed before it or
1232
otherwise called to its attention which involves the health,
1233
safety, and welfare of a minor child. The department must
1234
investigate or continue to investigate and take action on such a
1235
complaint filed against a person whose educator certificate has
1236
expired if the act or acts that are the basis for the complaint
1237
were allegedly committed while that person possessed an educator
1238
certificate.
1239
(c)(b) When an investigation is undertaken, the department
1240
shall notify the certificateholder or applicant for certification
1241
and the district school superintendent or the university
1242
laboratory school, charter school, or private school in which the
1243
certificateholder or applicant for certification is employed or
1244
was employed at the time the alleged offense occurred. In
1245
addition, the department shall inform the certificateholder or
1246
applicant for certification of the substance of any complaint
1247
which has been filed against that certificateholder or applicant,
1248
unless the department determines that such notification would be
1249
detrimental to the investigation, in which case the department
1250
may withhold notification to the certificateholder or applicant
1251
for certification.
1252
(d)(c) Each school district shall file in writing with the
1253
department all legally sufficient complaints within 30 days after
1254
the date on which subject matter of the complaint comes to the
1255
attention of the school district. A complaint is legally
1256
sufficient if it contains the ultimate facts that show a
1257
violation has occurred as provided in s. 1012.795 and defined in
1258
rules. The school district shall include all information relating
1259
to the complaint which is known to the school district at the
1260
time of filing. Each district school board shall develop and
1261
adopt policies and procedures to comply with this reporting
1262
requirement. School board policies and procedures must include
1263
standards for screening, hiring, and terminating employees,
1264
ethical standards for all employees, responsibilities of
1265
educators to uphold the standards, detailed steps to be followed
1266
in reporting suspected or actual misconduct by an educator,
1267
requirements for the reassignment of an employee pending the
1268
outcome of a misconduct investigation, and penalties for failing
1270
school board policies and procedures shall include appropriate
1271
penalties for all personnel of the district school board for
1272
nonreporting and procedures for promptly informing the district
1273
school superintendent of each legally sufficient complaint. The
1274
district school superintendent is charged with knowledge of these
1275
policies and procedures and is accountable for communicating the
1276
ethical standards, policies, and procedures to all district
1277
employees. If the district school superintendent has knowledge of
1278
a legally sufficient complaint and does not report the complaint,
1279
or fails to enforce the policies and procedures of the district
1280
school board, and fails to comply with the requirements of this
1281
subsection, in addition to other actions against
1282
certificateholders authorized by law, the district school
1283
superintendent shall be subject to penalties as specified in s.
1284
1001.51(12). If the superintendent determines that misconduct has
1285
occurred which warrants termination, the employee may not be
1286
allowed to resign but must be terminated and a record, including
1287
the cause of the termination, shall be reported to the Department
1288
of Education and maintained in the employee's public personnel
1289
file. This paragraph does not limit or restrict the power and
1290
duty of the department to investigate complaints as provided in
1291
paragraphs (a) and (c) (b), regardless of the school district's
1292
untimely filing, or failure to file, complaints and followup
1293
reports.
1294
(e)(d) Notwithstanding any other law, all law enforcement
1295
agencies, state attorneys, social service agencies, district
1296
school boards, and the Division of Administrative Hearings shall
1297
fully cooperate with and, upon request, shall provide unredacted
1298
documents to the Department of Education to further
1299
investigations and prosecutions conducted pursuant to this
1300
section. Any document received pursuant to this paragraph may not
1301
be redisclosed except as authorized by law.
1302
(3) The department staff shall advise the commissioner
1303
concerning the findings of the investigation. The department
1304
general counsel or members of that staff shall review the
1305
investigation and advise the commissioner concerning probable
1306
cause or lack thereof. The determination of probable cause shall
1307
be made by the commissioner. The commissioner shall provide an
1308
opportunity for a conference, if requested, prior to determining
1309
probable cause. The commissioner may enter into deferred
1310
prosecution agreements in lieu of finding probable cause when in
1311
his or her judgment such agreements would be in the best
1312
interests of the department, the certificateholder, and the
1313
public. Such deferred prosecution agreements shall become
1314
effective when filed with the clerk of the Education Practices
1315
Commission. However, a deferred prosecution agreement shall not
1316
be entered into if where there is probable cause to believe that
1317
a felony or an act of moral turpitude, as defined in rule, has
1318
occurred. Upon finding no probable cause, the commissioner shall
1319
dismiss the complaint.
1320
(5) In order When deemed necessary to protect the health,
1321
safety, and welfare of a minor student, when an allegation of
1322
educator misconduct occurs, the district school superintendent in
1323
consultation with the school principal, or may, and upon the
1324
request of the Commissioner of Education, must immediately shall,
1325
temporarily suspend the educator a certificateholder from the
1326
certificateholder's regularly assigned duties, with pay, and
1327
reassign the suspended educator certificateholder to a position
1328
that does not require direct contact with students in the
1329
district school system. Such suspension shall continue until the
1330
completion of the proceedings and the determination of sanctions,
1331
if any, pursuant to this section and s. 1012.795.
1332
Section 36. Paragraph (b) of subsection (4) of section
1333
1012.98, Florida Statutes, is amended to read:
1334
1012.98 School Community Professional Development Act.--
1335
(4) The Department of Education, school districts, schools,
1336
community colleges, and state universities share the
1337
responsibilities described in this section. These
1338
responsibilities include the following:
1339
(b) Each school district shall develop a professional
1340
development system as specified in subsection (3). The system
1341
shall be developed in consultation with teachers, teacher-
1342
educators of community colleges and state universities, business
1343
and community representatives, and local education foundations,
1344
consortia, and professional organizations. The professional
1345
development system must:
1346
1. Be approved by the department. All substantial revisions
1347
to the system shall be submitted to the department for review for
1348
continued approval.
1349
2. Be based on analyses of student achievement data and
1350
instructional strategies and methods that support rigorous,
1351
relevant, and challenging curricula for all students. Schools and
1352
districts, in developing and refining the professional
1353
development system, shall also review and monitor school
1354
discipline data; school environment surveys; assessments of
1355
parental satisfaction; performance appraisal data of teachers,
1356
managers, and administrative personnel; and other performance
1357
indicators to identify school and student needs that can be met
1358
by improved professional performance.
1359
3. Provide inservice activities coupled with followup
1360
support appropriate to accomplish district-level and school-level
1361
improvement goals and standards. The inservice activities for
1362
instructional personnel shall focus on analysis of student
1363
achievement data, ongoing formal and informal assessments of
1364
student achievement, identification and use of enhanced and
1365
differentiated instructional strategies that emphasize rigor,
1366
relevance, and reading in the content areas, enhancement of
1367
subject content expertise, integrated use of classroom technology
1368
that enhances teaching and learning, classroom management, parent
1369
involvement, and school safety.
1370
4. Include a master plan for inservice activities, pursuant
1371
to rules of the State Board of Education, for all district
1372
employees from all fund sources. The master plan shall be updated
1373
annually by September 1, must be based on input from teachers and
1374
district and school instructional leaders, and must use the
1375
latest available student achievement data and research to enhance
1376
rigor and relevance in the classroom. Each district inservice
1377
plan must be aligned to and support the school-based inservice
1378
plans and school improvement plans pursuant to s. 1001.42(18) s.
1379
1001.42(16). District plans must be approved by the district
1380
school board annually in order to ensure compliance with
1381
subsection (1) and to allow for dissemination of research-based
1382
best practices to other districts. District school boards must
1383
submit verification of their approval to the Commissioner of
1384
Education no later than October 1, annually.
1385
5. Require each school principal to establish and maintain
1386
an individual professional development plan for each
1387
instructional employee assigned to the school as a seamless
1388
component to the school improvement plans developed pursuant to
1390
development plan must:
1391
a. Be related to specific performance data for the students
1392
to whom the teacher is assigned.
1393
b. Define the inservice objectives and specific measurable
1394
improvements expected in student performance as a result of the
1395
inservice activity.
1396
c. Include an evaluation component that determines the
1397
effectiveness of the professional development plan.
1398
6. Include inservice activities for school administrative
1399
personnel that address updated skills necessary for instructional
1400
leadership and effective school management pursuant to s.
1401
1402
7. Provide for systematic consultation with regional and
1403
state personnel designated to provide technical assistance and
1404
evaluation of local professional development programs.
1405
8. Provide for delivery of professional development by
1406
distance learning and other technology-based delivery systems to
1407
reach more educators at lower costs.
1408
9. Provide for the continuous evaluation of the quality and
1409
effectiveness of professional development programs in order to
1410
eliminate ineffective programs and strategies and to expand
1411
effective ones. Evaluations must consider the impact of such
1412
activities on the performance of participating educators and
1413
their students' achievement and behavior.
1414
Section 37. Subsection (4) of section 1013.03, Florida
1415
Statutes, is amended to read:
1416
1013.03 Functions of the department and the Board of
1417
Governors.--The functions of the Department of Education as it
1418
pertains to educational facilities of school districts and
1419
community colleges and of the Board of Governors as it pertains
1420
to educational facilities of state universities shall include,
1421
but not be limited to, the following:
1422
(4) Require each board and other appropriate agencies to
1423
submit complete and accurate financial data as to the amounts of
1424
funds from all sources that are available and spent for
1425
construction and capital improvements. The commissioner shall
1426
prescribe the format and the date for the submission of this data
1427
and any other educational facilities data. If any district does
1428
not submit the required educational facilities fiscal data by the
1429
prescribed date, the Commissioner of Education shall notify the
1430
district school board of this fact and, if appropriate action is
1431
not taken to immediately submit the required report, the district
1432
school board shall be directed to proceed pursuant to the
1434
community college or university does not submit the required
1435
educational facilities fiscal data by the prescribed date, the
1436
same policy prescribed in this subsection for school districts
1437
shall be implemented.
1438
Section 38. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.