Florida Senate - 2008 CS for SB 1712
By the Committees on Education Pre-K - 12; Education Pre-K - 12; and Senator Carlton
581-04516-08 20081712c1
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. 1001.10,
10
F.S.; requiring the Department of Education to assist
11
school districts, charter schools, the Florida School for
12
the Deaf and the Blind, and certain private schools and
13
providers in developing policies and procedures governing
14
educator ethics and employment; requiring the department
15
to provide authorized staff with access to certain
16
employment-screening tools; amending s. 1001.32, F.S.,
17
relating to school administration; conforming a cross-
18
reference; amending s. 1001.42, F.S.; requiring each
19
district school board to adopt ethical standards for all
20
employees; prohibiting confidentiality agreements
21
regarding terminated or dismissed employees which have the
22
effect of concealing certain conduct; providing that a
23
district school board official who knowingly signs or
24
transmits a false report, fails to support policies that
25
ensure the investigation of reports, or fails to report
26
allegations of misconduct by instructional personnel
27
forfeits his or her salary for a specified period;
28
amending s. 1001.452, F.S., relating to district and
29
school advisory councils; conforming cross-references;
30
amending s. 1001.51, F.S.; providing that a district
31
school superintendent or district school board member
32
forfeits his or her salary for a specified period
33
following failure to report allegations of misconduct by
35
F.S., relating to duties of principals and lab schools;
36
conforming cross-references; amending s. 1002.33, F.S.;
37
requiring charter schools to adopt ethical standards for
38
all employees; prohibiting confidentiality agreements
39
regarding terminated or dismissed employees which have the
40
effect of concealing certain conduct; requiring the school
41
to contact the prior employer and assess a candidate's
42
ability to meet ethical standards; requiring the school to
43
notify the Department of Education of dates of employment
44
for instructional personnel; requiring the charter school
45
sponsor to suspend the school's charter for failing to
46
comply with these requirements; amending s. 1002.36, F.S.;
47
requiring the Florida School for the Deaf and the Blind to
48
meet certain requirements governing the screening of
50
requiring owners of certain private schools and private
51
prekindergarten providers to adopt ethical standards for
52
all employees; prohibiting confidentiality agreements
53
regarding terminated or dismissed instructional personnel
54
which have the effect of concealing certain conduct;
55
requiring such owners and providers to contact the
56
previous employer of each instructional candidate for
57
employment and notify the Department of Education of dates
58
of employment of an educator; amending ss. 1002.61,
60
relating to prekindergarten programs and instructors, the
61
Florida Secondary School Redesign Act, dropout prevention,
62
and career education; conforming cross-references;
63
amending s. 1006.061, F.S.; requiring each district school
64
board to post its policies and procedures for reporting
65
misconduct by instructional personnel and the penalties
66
imposed for failing to report suspected or actual child
69
postsecondary education and the workplace, the statewide
70
articulation agreement, public school improvement and
71
educator accountability, funding accountability, and
72
school depositories; conforming cross-references; amending
73
s. 1012.27, F.S.; requiring the district school
74
superintendent to contact the previous employer of each
75
instructional candidate for employment, screen the
76
candidate, and document findings; creating s. 1012.315,
77
F.S.; specifying offenses that disqualify instructional
78
personnel from employment in positions involving direct
79
contact with students; amending s. 1012.32, F.S.;
80
providing that instructional personnel who have been
81
convicted of certain offenses are disqualified from
82
employment in positions having direct contact with
83
students; amending s. 1012.33, F.S.; providing that just
84
cause for terminating instructional staff includes
85
immorality or the commission of a criminal act; amending
86
s. 1012.34, F.S., relating to assessment procedures;
87
conforming a cross-reference; amending s. 1012.56, F.S.,
88
relating to certification requirements for educators;
89
revising the requirements for conducting state and
90
national criminal history records checks of persons
91
seeking certification; providing for the Department of
92
Education to maintain personnel records on an electronic
93
database; amending s. 1012.79, F.S.; providing for
94
additional members to be appointed to the Education
95
Practices Commission; revising the composition of the
96
panel appointed to review complaints against teachers;
97
amending s. 1012.795, F.S.; providing for suspending the
98
educator certificate of a person who knowingly fails to
99
report child abuse or suspected or actual misconduct by
100
instructional personnel; amending s. 1012.796, F.S.;
101
requiring that the Department of Education investigate
102
each complaint involving misconduct by instructional
103
personnel; clarifying what constitutes a legally
104
sufficient complaint; providing requirements for adopted
105
school board policies and procedures; providing that the
106
district school superintendent is accountable for
107
communicating standards, policies, and procedures to
108
district employees; requiring that an employee be
109
immediately suspended and reassigned upon an allegation of
110
misconduct affecting the health, safety, or welfare of a
112
to the School Community Professional Development Act and
113
functions of the department and Board of Governors;
114
conforming cross-references; providing an effective date.
115
116
Be It Enacted by the Legislature of the State of Florida:
117
118
Section 1. This act may be cited as the "Ethics in
119
Education Act."
120
Section 2. Paragraphs (c) and (d) of subsection (5) of
121
section 24.121, Florida Statutes, are amended to read:
122
24.121 Allocation of revenues and expenditure of funds for
123
public education.--
124
(5)
125
(c) A portion of such net revenues, as determined annually
126
by the Legislature, shall be distributed to each school district
127
and shall be made available to each public school in the district
128
for enhancing school performance through development and
129
implementation of a school improvement plan pursuant to s.
131
determined annually in the General Appropriations Act, must be
132
allocated to each school in an equal amount for each student
133
enrolled. These moneys may be expended only on programs or
134
projects selected by the school advisory council or by a parent
135
advisory committee created pursuant to this paragraph. If a
136
school does not have a school advisory council, the district
137
advisory council must appoint a parent advisory committee
138
composed of parents of students enrolled in that school, which
139
committee is representative of the ethnic, racial, and economic
140
community served by the school, to advise the school's principal
141
on the programs or projects to be funded. Neither school district
142
staff nor principals may override the recommendations of the
143
school advisory council or the parent advisory committee. These
144
moneys may not be used for capital improvements or, nor may they
145
be used for any project or program that has a duration of more
146
than 1 year; however, a school advisory council or parent
147
advisory committee may independently determine that a program or
148
project formerly funded under this paragraph should receive funds
149
in a subsequent year.
150
(d) No funds shall be released for any purpose from the
151
Educational Enhancement Trust Fund to any school district in
152
which one or more schools do not have an approved school
154
not comply with school advisory council membership composition
155
requirements pursuant to s. 1001.452(1). The Commissioner of
156
Education shall withhold disbursements from the trust fund to any
157
school district that fails to adopt the performance-based salary
158
schedule required by s. 1012.22(1).
159
Section 3. Paragraph (e) of subsection (2) of section
160
112.3173, Florida Statutes, is amended to read:
161
112.3173 Felonies involving breach of public trust and
162
other specified offenses by public officers and employees;
163
forfeiture of retirement benefits.--
164
(2) DEFINITIONS.--As used in this section, unless the
165
context otherwise requires, the term:
166
(e) "Specified offense" means:
167
1. The committing, aiding, or abetting of an embezzlement
168
of public funds;
169
2. The committing, aiding, or abetting of any theft by a
170
public officer or employee from his or her employer;
171
3. Bribery in connection with the employment of a public
172
officer or employee;
173
4. Any felony specified in chapter 838, except ss. 838.15
174
and 838.16;
175
5. The committing of an impeachable offense; or
176
6. The committing of any felony by a public officer or
177
employee who, willfully and with intent to defraud the public or
178
the public agency for which the public officer or employee acts
179
or in which he or she is employed of the right to receive the
180
faithful performance of his or her duty as a public officer or
181
employee, realizes or obtains, or attempts to realize or obtain,
182
a profit, gain, or advantage for himself or herself or for some
183
other person through the use or attempted use of the power,
184
rights, privileges, duties, or position of his or her public
185
office or employment position; or.
186
7. Effective October 1, 2008, the committing of any felony
187
defined in s. 800.04 against a victim younger than 16 years of
189
against a victim younger than 18 years of age by a public officer
190
or employee through the use or attempted use of power, rights,
191
privileges, duties, or position of his or her public office or
192
employment position.
193
Section 4. Present paragraphs (i) and (j) of subsection (5)
194
of section 121.091, Florida Statutes, are redesignated as
195
subsections (j) and (k), respectively, and a new paragraph (i) is
196
added to that subsecection, to read:
197
121.091 Benefits payable under the system.--Benefits may
198
not be paid under this section unless the member has terminated
199
employment as provided in s. 121.021(39)(a) or begun
200
participation in the Deferred Retirement Option Program as
201
provided in subsection (13), and a proper application has been
202
filed in the manner prescribed by the department. The department
203
may cancel an application for retirement benefits when the member
204
or beneficiary fails to timely provide the information and
205
documents required by this chapter and the department's rules.
206
The department shall adopt rules establishing procedures for
207
application for retirement benefits and for the cancellation of
208
such application when the required information or documents are
209
not received.
210
(5) TERMINATION BENEFITS.--A member whose employment is
211
terminated prior to retirement retains membership rights to
212
previously earned member-noncontributory service credit, and to
213
member-contributory service credit, if the member leaves the
214
member contributions on deposit in his or her retirement account.
215
If a terminated member receives a refund of member contributions,
216
such member may reinstate membership rights to the previously
217
earned service credit represented by the refund by completing 1
218
year of creditable service and repaying the refunded member
219
contributions, plus interest.
220
(i) Effective October 1, 2008, except for the return of the
221
member's accumulated contributions as of the date of conviction,
222
the division may not pay benefits to any member who has committed
223
any felony defined in s. 800.04 against a victim younger than 16
224
years of age or any felony defined in chapter 794, s. 800.02, or
225
s. 800.03 against a victim younger than 18 years of age through
226
the use or attempted use of power, rights, privileges, duties, or
227
position of his or her public office or employment position.
228
Section 5. Present subsection (4) of section 1001.10,
229
Florida Statutes, is redesignated as subsection (6), and new
230
subsections (4) and (5) are added to that section, to read:
231
1001.10 Commissioner of Education; general powers and
232
duties.--
233
(4) The Department of Education shall provide technical
234
assistance to local school districts, charter schools, the
235
Florida School for the Deaf and the Blind, private schools that
236
accept scholarship students under chapter 1002 or s. 220.187, and
237
private providers pursuant to s. 1002.55 in the development of
238
policies, procedures, and training related to educator ethics and
239
employment practices.
240
(5) The Department of Education shall provide authorized
241
staff of local school districts, charter schools, the Florida
242
School for the Deaf and the Blind, private schools that accept
243
scholarship students under chapter 1002 or s. 220.187, and
244
private providers pursuant to s. 1002.55 with secure access to
245
the following employment-screening tools:
246
(a) The Professional Practices' Database of Disciplinary
247
Actions Against Educators;
248
(b) The Department of Education's Teacher Certification
249
Database; and
250
(c) The Department of Education's Educator Employment
251
Information Database.
252
Section 6. Subsection (4) of section 1001.32, Florida
253
Statutes, is amended to read:
254
1001.32 Management, control, operation, administration, and
255
supervision.--The district school system must be managed,
256
controlled, operated, administered, and supervised as follows:
257
(4) SCHOOL PRINCIPAL OR HEAD OF SCHOOL.--Responsibility for
258
the administration of any school or schools at a given school
259
center, for the supervision of instruction therein, and for
260
providing leadership in the development or revision and
261
implementation of a school improvement plan required by s.
263
school principal or head of the school or schools in accordance
264
with rules established by the district school board.
265
Section 7. Present subsections (6) through (23) of section
266
1001.42, Florida Statutes, are redesignated as subsections (8)
267
through (25), respectively, and new subsections (6) and (7) are
268
added to that section, to read:
269
1001.42 Powers and duties of district school board.--The
270
district school board, acting as a board, shall exercise all
271
powers and perform all duties listed below:
272
(6) ESTABLISH ETHICAL STANDARDS.--Adopt and communicate
273
policies and procedures setting forth ethical standards for all
274
employees. The policies and procedures must include
275
responsibilities and procedures for reporting suspected or actual
276
misconduct by instructional personnel, as defined in s.
277
1012.01(2), which affects the health, safety, or welfare of a
278
student and an explanation of liability protections provided to
280
768.095 who report suspected or actual misconduct. A district
281
school board or any of its employees may not enter into a
282
confidentiality agreement regarding a terminated or dismissed
283
employee or an employee who resigns in lieu of termination based
284
in whole or in part on unethical conduct that affects the health,
285
safety, or welfare of a student and may not provide the employee
286
with a favorable recommendation for employment in another
287
educational setting. Any portion of an agreement or contract that
288
has the purpose or effect of concealing the conduct of an
289
educator regarding actions over which the Education Practices
290
Commission has disciplinary jurisdiction is void, is contrary to
291
public policy, and may not be enforced.
292
(7) EMPLOYMENT DISQUALIFICATIONS.--Disqualify from
293
employment any instructional personnel, as defined in s.
294
1012.01(2), who are convicted of a disqualifying offense as
295
described in s. 1012.315. An elected or appointed school board
296
official who knowingly signs and transmits to any state official
297
a false or incorrect report or who fails to support the adoption
298
of policies that ensure the investigation of all reports of
299
suspected or actual misconduct by instructional personnel, as
300
defined in s. 1012.01(2), which affects the health, safety, or
301
welfare of a student and the reporting of allegations of
302
misconduct by such personnel which affects the health, safety, or
303
welfare of a student pursuant to s. 1012.796 forfeits his or her
304
salary for 1 year.
305
Section 8. Paragraphs (a) and (c) of subsection (1) and
306
subsection (2) of section 1001.452, Florida Statutes, are amended
307
to read:
308
1001.452 District and school advisory councils.--
309
(1) ESTABLISHMENT.--
310
(a) The district school board shall establish an advisory
311
council for each school in the district and shall develop
312
procedures for the election and appointment of advisory council
313
members. Each school advisory council shall include in its name
314
the words "school advisory council." The school advisory council
315
shall be the sole body responsible for final decisionmaking at
316
the school relating to implementation of ss. 1001.42(18) the
318
members of each school advisory council must be persons who are
319
not employed by the school. Each advisory council shall be
320
composed of the principal and an appropriately balanced number of
321
teachers, education support employees, students, parents, and
322
other business and community citizens who are representative of
323
the ethnic, racial, and economic community served by the school.
324
Career center and high school advisory councils shall include
325
students, and middle and junior high school advisory councils may
326
include students. School advisory councils of career centers and
327
adult education centers are not required to include parents as
328
members. Council members representing teachers, education support
329
employees, students, and parents shall be elected by their
330
respective peer groups at the school in a fair and equitable
331
manner as follows:
332
1. Teachers shall be elected by teachers.
333
2. Education support employees shall be elected by
334
education support employees.
335
3. Students shall be elected by students.
336
4. Parents shall be elected by parents.
337
338
The district school board shall establish procedures to be used
339
for use by schools in selecting business and community members
340
that include means of ensuring wide notice of vacancies and of
341
taking input on possible members from local business, chambers of
342
commerce, community and civic organizations and groups, and the
343
public at large. The district school board shall review the
344
membership composition of each advisory council. If the district
345
school board determines that the membership elected by the school
346
is not representative of the ethnic, racial, and economic
347
community served by the school, the district school board shall
348
appoint additional members to achieve proper representation. The
349
commissioner shall determine if schools have maximized their
350
efforts to include on their advisory councils minority persons
351
and persons of lower socioeconomic status. Although schools are
352
strongly encouraged to establish school advisory councils, the
353
district school board of any school district that has a student
354
population of 10,000 or fewer may establish a district advisory
355
council which includes shall include at least one duly elected
356
teacher from each school in the district. For the purposes of
357
school advisory councils and district advisory councils, the term
358
"teacher" includes shall include classroom teachers, certified
359
student services personnel, and media specialists. For purposes
360
of this paragraph, "education support employee" means any person
361
employed by a school who is not defined as instructional or
362
administrative personnel pursuant to s. 1012.01 and whose duties
363
require 20 or more hours in each normal working week.
364
(c) For those schools operating for the purpose of
365
providing educational services to youth in Department of Juvenile
366
Justice programs, district school boards may establish a district
367
advisory council with appropriate representatives for the purpose
368
of developing and monitoring a district school improvement plan
369
that encompasses all such schools in the district, pursuant to s.
371
(2) DUTIES.--Each advisory council shall perform such
372
functions as are prescribed by regulations of the district school
373
board; however, no advisory council shall have any of the powers
374
and duties now reserved by law to the district school board. Each
375
school advisory council shall assist in the preparation and
376
evaluation of the school improvement plan required pursuant to s.
378
Department of Education, each school advisory council shall
379
assist in the preparation of the school's annual budget and plan
380
as required by s. 1008.385(1). A portion of funds provided in the
381
annual General Appropriations Act for use by school advisory
382
councils must be used for implementing the school improvement
383
plan.
384
Section 9. Subsection (12) of section 1001.51, Florida
385
Statutes, is amended to read:
386
1001.51 Duties and responsibilities of district school
387
superintendent.--The district school superintendent shall
388
exercise all powers and perform all duties listed below and
389
elsewhere in the law, provided that, in so doing, he or she shall
390
advise and counsel with the district school board. The district
391
school superintendent shall perform all tasks necessary to make
392
sound recommendations, nominations, proposals, and reports
393
required by law to be acted upon by the district school board.
394
All such recommendations, nominations, proposals, and reports by
395
the district school superintendent shall be either recorded in
396
the minutes or shall be made in writing, noted in the minutes,
397
and filed in the public records of the district school board. It
398
shall be presumed that, in the absence of the record required in
399
this section, the recommendations, nominations, and proposals
400
required of the district school superintendent were not contrary
401
to the action taken by the district school board in such matters.
402
(12) RECORDS AND REPORTS.--Recommend such records as should
403
be kept in addition to those prescribed by rules of the State
404
Board of Education; prepare forms for keeping such records as are
405
approved by the district school board; ensure that such records
406
are properly kept; and make all reports that are needed or
407
required, as follows:
408
(a) Forms, blanks, and reports.--Require that all employees
409
accurately keep all records and promptly make in proper form all
410
reports required by the education code or by rules of the State
411
Board of Education; recommend the keeping of such additional
412
records and the making of such additional reports as may be
413
deemed necessary to provide data essential for the operation of
414
the school system; and prepare such forms and blanks as may be
415
required and ensure that these records and reports are properly
416
prepared.
417
(b) Reports to the department.--Prepare, for the approval
418
of the district school board, all reports that may be required by
419
law or rules of the State Board of Education to be made to the
420
department and transmit promptly all such reports, when approved,
421
to the department, as required by law. If any such reports are
422
not transmitted at the time and in the manner prescribed by law
423
or by State Board of Education rules, the salary of the district
424
school superintendent must be withheld until the report has been
425
properly submitted. Unless otherwise provided by rules of the
426
State Board of Education, the annual report on attendance and
427
personnel is due on or before July 1, and the annual school
428
budget and the report on finance are due on the date prescribed
429
by the commissioner.
430
431
Any district school superintendent who knowingly signs and
432
transmits to any state official a false or incorrect report or
433
who fails to investigate all reports of suspected or actual
434
misconduct by instructional personnel, as defined in s.
435
1012.01(2), which affects the health, safety, or welfare of a
436
student or report allegations of misconduct by such personnel
437
which affects the health, safety, or welfare of a student
438
pursuant to s. 1012.796 forfeits shall forfeit his or her right
439
to any salary for the period of 1 year following the from that
440
date of such act or failure to act.
441
Section 10. Subsection (2) of section 1001.54, Florida
442
Statutes, is amended to read:
443
1001.54 Duties of school principals.--
444
(2) Each school principal shall provide instructional
445
leadership in the development, revision, and implementation of a
446
school improvement plan pursuant to s. 1001.42(18) s.
447
1001.42(16).
448
Section 11. Paragraph (b) of subsection (11) of section
449
1002.32, Florida Statutes, is amended to read:
450
1002.32 Developmental research (laboratory) schools.--
451
(11) EXCEPTIONS TO LAW.--To encourage innovative practices
452
and facilitate the mission of the lab schools, in addition to the
453
exceptions to law specified in s. 1001.23(2), the following
454
exceptions shall be permitted for lab schools:
456
1001.42 shall be held in abeyance. Reference to district school
458
of the university or the president's designee.
459
Section 12. Paragraph (g) of subsection (12) of section
460
1002.33, Florida Statutes, is amended to read:
461
1002.33 Charter schools.--
462
(12) EMPLOYEES OF CHARTER SCHOOLS.--
463
(g) In order to protect the health, safety, or welfare of
464
students, a charter school governing board shall:
465
1. A charter school shall Employ or contract with employees
466
who have undergone background screening as provided in s.
467
1012.32. Members of the governing board of the charter school
468
shall also undergo background screening in a manner similar to
469
that provided in s. 1012.32.
470
2. Disqualify from employment in an instructional position
471
that involves direct contact with students any individual
472
convicted of an offense pursuant to s. 1012.315.
473
3. Adopt and communicate policies and procedures setting
474
forth ethical standards for all employees and include policies
475
and procedures in professional development for all staff. The
476
policies and procedures must include responsibilities and
477
procedures for reporting suspected or actual misconduct by
478
instructional personnel which affects the health, safety, or
479
welfare of a student and an explanation of liability protections
480
provided to students, parents, and employees under ss. 39.201,
482
that affects the health, safety, or welfare of a student. A
483
charter school or any of its employees may not enter into a
484
confidentiality agreement regarding a terminated or dismissed
485
employee or an employee who resigns in lieu of termination based
486
in whole or in part on unethical conduct that affects the health,
487
safety, or welfare of a student and may not provide the employee
488
with a favorable recommendation for employment in another
489
educational setting. Any portion of an agreement or contract that
490
has the purpose or effect of concealing the conduct of an
491
educator regarding actions over which the Education Practices
492
Commission has disciplinary jurisdiction is void, is contrary to
493
public policy, and may not be enforced.
494
4. Before appointing a candidate to an instructional
495
position that involves direct contact with students, contact the
496
previous employer of the candidate to assess the candidate's
497
ability to meet ethical standards for professional educators,
498
screen the candidate through the use of educator screening tools
499
described in s. 1001.10(5), and document findings.
500
5. Report to the Department of Education the date of hire
501
and, when applicable, the date employment is severed, for all
502
instructional personnel.
503
6. The sponsor of a charter school that fails to comply
504
with this paragraph shall terminate the charter pursuant to
505
subsection (8).
506
Section 13. Paragraph (g) is added to subsection (7) of
507
section 1002.36, Florida Statutes, to read:
508
1002.36 Florida School for the Deaf and the Blind.--
509
(7) PERSONNEL SCREENING.--
510
(g) For the purpose of protecting the health, safety, or
511
welfare of students and the ethical standards for professional
512
educators, the Florida School for the Deaf and the Blind shall be
513
considered a school district and shall meet the provisions of ss.
516
Section 14. Present subsections (4), (5), and (6) of
517
section 1002.421, Florida Statutes, are redesignated as
518
subsections (5), (6), and (7), respectively, and a new subsection
519
(4) is added to that section, to read:
520
1002.421 Accountability of private schools participating in
521
state school choice scholarship programs.--
522
(4) A private school participating in a scholarship program
523
under this section shall:
524
(a) Disqualify from employment in an instructional position
525
that involves direct contact with students any individual
526
convicted of a disqualifying offense identified under s.
527
1012.315.
528
(b) Adopt and communicate policies and procedures setting
529
forth ethical standards for all employees and include policies
530
and procedures in professional development for all staff. The
531
policies and procedures must include responsibilities and
532
procedures for reporting suspected or actual misconduct by
533
instructional personnel which affects the health, safety, or
534
welfare of a student and an explanation of liability protections
535
provided to students, parents, and employees under ss. 39.201,
537
that affects the health, safety, or welfare of a student. A
538
private school or any of its employees may not enter into a
539
confidentiality agreement regarding a terminated or dismissed
540
employee or an employee who resigns in lieu of termination based
541
in whole or in part on unethical conduct that affects the health,
542
safety, or welfare of a student and may not provide the employee
543
with a favorable recommendation for employment in another
544
educational setting. Any portion of an agreement or contract that
545
has the purpose or effect of concealing the conduct of an
546
educator regarding actions over which the Education Practices
547
Commission has disciplinary jurisdiction is void, is contrary to
548
public policy, and may not be enforced.
549
(c) Prior to appointing a candidate to an instructional
550
position that involves direct contact with students, contact the
551
previous employer of the candidate to assess the candidate's
552
ability to meet ethical standards for professional educators,
553
screen the candidate through the use of educator screening tools
554
described in s. 1001.10(5), and document findings.
555
(d) Report to the Department of Education the date of hire
556
and, when applicable, the date employment is severed, for all
557
instructional personnel.
558
(e) The department shall prohibit a private school that
559
accepts scholarship students under chapter 1002 or s. 220.187,
560
which fails to comply with this subsection from accepting such
561
scholarship students and disqualify the private school from
562
accepting funds under those programs for a period of 1 calendar
563
year and until the private school complies with this subsection.
564
The Education Practices Commission shall impose applicable
565
certification sanctions pursuant to s. 1012.795.
566
Section 15. Present subsections (2), (3), and (4) of
567
section 1002.55, Florida Statutes, are renumbered as subsections
568
(3), (4), and (5), respectively, a new subsection (2) is added to
569
that section, and present subsection (4) of that section is
570
amended, to read:
571
1002.55 School-year prekindergarten program delivered by
572
private prekindergarten providers.--
573
(2) A private provider participating in the Voluntary
574
Prekindergarten Education Program under this section shall:
575
(a) Disqualify from employment any prekindergarten
576
instructor convicted of a disqualifying offense identified under
577
to s. 1012.315.
578
(b) Adopt and communicate policies and procedures setting
579
forth ethical standards for all employees and include such
580
policies and procedures in professional development for all
581
staff. The policies and procedures must include responsibilities
582
and procedures for reporting suspected or actual misconduct by a
583
prekindergarten instructor which affects the health, safety, or
584
welfare of a student and an explanation of liability protections
585
provided to students, parents, and employees under ss. 39.201,
587
that affects the health, safety, or welfare of a student. A
588
private provider or any of its employees may not enter into a
589
confidentiality agreement regarding a terminated or dismissed
590
employee or an employee who resigns in lieu of termination based
591
in whole or in part on unethical conduct that affects the health,
592
safety, or welfare of a student and may not provide the employee
593
with a favorable recommendation for employment in another
594
educational setting. A portion of an agreement or contract that
595
has the purpose or effect of concealing the conduct of a
596
prekindergarten instructor regarding actions over which the
597
Education Practices Commission has disciplinary jurisdiction is
598
void, is contrary to public policy, and may not be enforced.
599
(c) Prior to appointing a candidate as a prekindergarten
600
instructor, contact the previous employer of the candidate to
601
assess the candidate's ability to meet ethical standards for
602
professional educators, screen the candidate through the use of
603
educator screening tools described in s. 1001.10(5), and document
604
findings.
605
(d) Report to the Department of Education the date of hire
606
and, when applicable, the date employment is severed, for all
607
prekindergarten instructors.
608
(e) The Agency for Workforce Innovation shall prohibit a
609
private provider that fails to comply with this subsection from
610
accepting funds under the Voluntary Prekindergarten Program for a
611
period of 1 calendar year and until the provider complies with
612
this subsection. The Education Practices Commission shall impose
613
applicable certification sanctions pursuant to s. 1012.795.
614
(5)(4) A prekindergarten instructor, in lieu of the minimum
615
credentials and courses required under paragraph (4)(c) (3)(c),
616
may hold one of the following educational credentials:
617
(a) A bachelor's or higher degree in early childhood
618
education, prekindergarten or primary education, preschool
619
education, or family and consumer science;
620
(b) A bachelor's or higher degree in elementary education,
621
if the prekindergarten instructor has been certified to teach
622
children any age from birth through 6th grade, regardless of
623
whether the instructor's educator certificate is current, and if
624
the instructor is not ineligible to teach in a public school
625
because his or her educator certificate is suspended or revoked;
626
(c) An associate's or higher degree in child development;
627
(d) An associate's or higher degree in an unrelated field,
628
at least 6 credit hours in early childhood education or child
629
development, and at least 480 hours of experience in teaching or
630
providing child care services for children any age from birth
631
through 8 years of age; or
632
(e) An educational credential approved by the department as
633
being equivalent to or greater than an educational credential
634
described in this subsection. The department may adopt criteria
635
and procedures for approving equivalent educational credentials
636
under this paragraph.
637
Section 16. Subsections (4) and (6) of section 1002.61,
638
Florida Statutes, are amended to read:
639
1002.61 Summer prekindergarten program delivered by public
640
schools and private prekindergarten providers.--
642
1002.63(5), each public school and private prekindergarten
643
provider must have, for each prekindergarten class, at least one
644
prekindergarten instructor who:
645
(a) Is a certified teacher; or
646
(b) Holds one of the educational credentials specified in
647
s. 1002.55(4)(a) or (b).
648
649
As used in this subsection, the term "certified teacher" means a
650
teacher holding a valid Florida educator certificate under s.
651
1012.56 who has the qualifications required by the district
652
school board to instruct students in the summer prekindergarten
653
program. In selecting instructional staff for the summer
654
prekindergarten program, each school district shall give priority
655
to teachers who have experience or coursework in early childhood
656
education.
658
1002.63(7), each prekindergarten class in the summer
659
prekindergarten program, regardless of whether the class is a
660
public school's or private prekindergarten provider's class, must
661
have be composed of at least 4 students but may not exceed 10
662
students. In order to protect the health and safety of students,
663
each public school or private prekindergarten provider must also
664
provide appropriate adult supervision for students at all times.
665
This subsection does not supersede any requirement imposed on a
667
Section 17. Subsections (5) and (7) of section 1002.63,
668
Florida Statutes, are amended to read:
669
1002.63 School-year prekindergarten program delivered by
670
public schools.--
671
(5) Each public school must have, for each prekindergarten
672
class, at least one prekindergarten instructor who meets each
674
prekindergarten instructor of a private prekindergarten provider.
675
(7) Each prekindergarten class in a public school
676
delivering the school-year prekindergarten program must have be
677
composed of at least 4 students but may not exceed 18 students.
678
In order to protect the health and safety of students, each
679
school must also provide appropriate adult supervision for
680
students at all times and, for each prekindergarten class
681
composed of 11 or more students, must have, in addition to a
682
prekindergarten instructor who meets the requirements of s.
684
prekindergarten instructor who is not required to meet those
685
requirements but who must meet each requirement of subsection
686
(6).
687
Section 18. Paragraph (a) of subsection (2) of section
688
1002.65, Florida Statutes, is amended to read:
689
1002.65 Professional credentials of prekindergarten
690
instructors; aspirational goals; legislative intent.--
691
(2) To improve these educational outcomes, the Legislature
692
intends that all prekindergarten instructors will continue to
693
improve their skills and preparation through education and
694
training, so that the following aspirational goals will be
695
achieved:
696
(a) By the 2010-2011 school year:
697
1. Each prekindergarten class will have at least one
698
prekindergarten instructor who holds an associate's or higher
699
degree in the field of early childhood education or child
700
development; and
701
2. For each prekindergarten class composed of 11 or more
702
students, in addition to a prekindergarten instructor who meets
703
the requirements of subparagraph 1., the class will have at least
704
one prekindergarten instructor who meets the requirements of s.
706
Section 19. Subsection (2) of section 1003.413, Florida
707
Statutes, is amended to read:
708
1003.413 Florida Secondary School Redesign Act.--
709
(2) The following guiding principles for secondary school
710
redesign shall be used in the annual preparation of each
711
secondary school's improvement plan required by s. 1001.42(18) s.
712
1001.42(16):
713
(a) Struggling students, especially those in failing
714
schools, need the highest quality teachers and dramatically
715
different, innovative approaches to teaching and learning.
716
(b) Every teacher must contribute to every student's
717
reading improvement.
718
(c) Quality professional development provides teachers and
719
principals with the tools they need to better serve students.
720
(d) Small learning communities allow teachers to
721
personalize instruction to better address student learning
722
styles, strengths, and weaknesses.
723
(e) Intensive intervention in reading and mathematics must
724
occur early and through innovative delivery systems.
725
(f) Parents need access to tools they can use to monitor
726
their child's progress in school, communicate with teachers, and
727
act early on behalf of their child.
728
(g) Applied and integrated courses help students see the
729
relationships between subjects and relevance to their futures.
730
(h) School is more relevant when students choose courses
731
based on their goals, interests, and talents.
732
(i) Master schedules should not determine instruction and
733
must be designed based on student needs, not adult or
734
institutional needs.
735
(j) Academic and career planning engages students in
736
developing a personally meaningful course of study so they can
737
achieve goals they have set for themselves.
738
Section 20. Paragraph (b) of subsection (2) of section
739
1003.53, Florida Statutes, is amended to read:
740
1003.53 Dropout prevention and academic intervention.--
741
(2)
742
(b) Each school that establishes a dropout prevention and
743
academic intervention program at that school site shall reflect
744
that program in the school improvement plan as required under s.
746
Section 21. Subsections (1) and (3) of section 1004.92,
747
Florida Statutes, are amended to read:
748
1004.92 Purpose and responsibilities for career
749
education.--
750
(1) The purpose of career education is to enable students
751
who complete career programs to attain and sustain employment and
752
realize economic self-sufficiency. The purpose of this section is
753
to identify issues related to career education for which school
754
boards and community college boards of trustees are accountable.
755
It is the intent of the Legislature that the standards
756
articulated in subsection (2) be considered in the development of
757
accountability standards for public schools pursuant to ss.
759
colleges pursuant to s. 1008.45.
760
(3) Each career center operated by a district school board
761
shall establish a center advisory council pursuant to s.
762
1001.452. The center advisory council shall assist in the
763
preparation and evaluation of center improvement plans required
765
assistance, upon the request of the center director, in the
766
preparation of the center's annual budget and plan as required by
767
s. 1008.385(1).
768
Section 22. Present subsection (2) of section 1006.061,
769
Florida Statutes, is redesignated as subsection (3), and a new
770
subsection (2) is added to that section, to read:
771
1006.061 Child abuse, abandonment, and neglect
772
policy.--Each district school board shall:
773
(2) Post in a prominent place in each school district site
774
and on each school website, the school board policies and
775
procedures for reporting suspected or actual misconduct by
776
instructional personnel, as defined in s. 1012.01(2), which
777
affects the health, safety, or welfare of a student, the district
778
contact person to whom the report should be made, and the
779
penalties imposed against such personnel for failing to report
780
suspected or actual child abuse pursuant to s. 1006.061 or
781
instructional personnel misconduct, pursuant to s. 1012.795,
782
which affects the health, safety, or welfare of a student.
783
Section 23. Paragraph (c) of subsection (2) of section
784
1007.21, Florida Statutes, is amended to read:
785
1007.21 Readiness for postsecondary education and the
786
workplace.--
787
(2)
788
(c) The common placement test authorized in ss. 1001.03(11)
790
all high school second semester sophomores who have chosen one of
791
the four destinations. The results of the placement test shall be
792
used to target additional instructional needs in reading,
793
writing, and mathematics prior to graduation.
794
Section 24. Subsection (5) of section 1007.23, Florida
795
Statutes, is amended to read:
796
1007.23 Statewide articulation agreement.--
797
(5) The articulation agreement must guarantee the
798
articulation of 9 credit hours toward a postsecondary degree in
799
early childhood education for programs approved by the State
800
Board of Education and the Board of Governors which:
801
(a) Award a child development associate credential issued
802
by the National Credentialing Program of the Council for
803
Professional Recognition or award a credential approved under s.
805
being equivalent to the child development associate credential;
806
and
807
(b) Include training in emergent literacy which meets or
808
exceeds the minimum standards for training courses for
809
prekindergarten instructors of the Voluntary Prekindergarten
810
Education Program in s. 1002.59.
811
Section 25. Subsection (4) of section 1008.33, Florida
812
Statutes, is amended to read:
813
1008.33 Authority to enforce public school improvement.--It
814
is the intent of the Legislature that all public schools be held
815
accountable for students performing at acceptable levels. A
816
system of school improvement and accountability that assesses
817
student performance by school, identifies schools in which
818
students are not making adequate progress toward state standards,
819
institutes appropriate measures for enforcing improvement, and
820
provides rewards and sanctions based on performance shall be the
821
responsibility of the State Board of Education.
822
(4) The State Board of Education may require the Department
823
of Education or Chief Financial Officer to withhold any transfer
824
of state funds to the school district if, within the timeframe
825
specified in state board action, the school district has failed
826
to comply with the action ordered to improve the district's low-
827
performing schools. Withholding the transfer of funds shall occur
828
only after all other recommended actions for school improvement
829
have failed to improve performance. The State Board of Education
830
may impose the same penalty on any district school board that
831
fails to develop and implement a plan for assistance and
832
intervention for low-performing schools as specified in s.
834
Section 26. Paragraph (c) of subsection (6) of section
835
1008.345, Florida Statutes, is amended to read:
836
1008.345 Implementation of state system of school
837
improvement and education accountability.--
838
(6)
839
(c) Pursuant to s. 24.121(5)(d), the department shall not
840
release funds from the Educational Enhancement Trust Fund to any
841
district in which a school, including schools operating for the
842
purpose of providing educational services to youth in Department
843
of Juvenile Justice programs, does not have an approved school
845
after 1 full school year of planning and development, or does not
846
comply with school advisory council membership composition
847
requirements pursuant to s. 1001.452. The department shall send a
848
technical assistance team to each school without an approved plan
849
to develop such school improvement plan or to each school without
850
appropriate school advisory council membership composition to
851
develop a strategy for corrective action. The department shall
852
release the funds upon approval of the plan or upon establishment
853
of a plan of corrective action. Notice shall be given to the
854
public of the department's intervention and shall identify each
855
school without a plan or without appropriate school advisory
856
council membership composition.
857
Section 27. Subsection (5) of section 1010.215, Florida
858
Statutes, is amended to read:
859
1010.215 Educational funding accountability.--
860
(5) The annual school public accountability report required
862
financial report. The purpose of the school financial report is
863
to better inform parents and the public concerning how funds were
864
spent to operate the school during the prior fiscal year. Each
865
school's financial report must follow a uniform, districtwide
866
format that is easy to read and understand.
867
(a) Total revenue must be reported at the school, district,
868
and state levels. The revenue sources that must be addressed are
869
state and local funds, other than lottery funds; lottery funds;
870
federal funds; and private donations.
871
(b) Expenditures must be reported as the total expenditures
872
per unweighted full-time equivalent student at the school level
873
and the average expenditures per full-time equivalent student at
874
the district and state levels in each of the following categories
875
and subcategories:
876
1. Teachers, excluding substitute teachers, and education
877
paraprofessionals who provide direct classroom instruction to
878
students enrolled in programs classified by s. 1011.62 as:
879
a. Basic programs;
880
b. Students-at-risk programs;
881
c. Special programs for exceptional students;
882
d. Career education programs; and
883
e. Adult programs.
884
2. Substitute teachers.
885
3. Other instructional personnel, including school-based
886
instructional specialists and their assistants.
887
4. Contracted instructional services, including training
888
for instructional staff and other contracted instructional
889
services.
890
5. School administration, including school-based
891
administrative personnel and school-based education support
892
personnel.
893
6. The following materials, supplies, and operating capital
894
outlay:
895
a. Textbooks;
896
b. Computer hardware and software;
897
c. Other instructional materials;
898
d. Other materials and supplies; and
899
e. Library media materials.
900
7. Food services.
901
8. Other support services.
902
9. Operation and maintenance of the school plant.
903
(c) The school financial report must also identify the
904
types of district-level expenditures that support the school's
905
operations. The total amount of these district-level expenditures
906
must be reported and expressed as total expenditures per full-
907
time equivalent student.
908
Section 28. Paragraph (b) of subsection (6) of section
909
1011.18, Florida Statutes, is amended to read:
910
1011.18 School depositories; payments into and withdrawals
911
from depositories.--
912
(6) EXEMPTION FOR SELF-INSURANCE PROGRAMS AND THIRD-PARTY
913
ADMINISTERED EMPLOYEES' FRINGE BENEFIT PROGRAMS.--
914
(b) The district school board may contract with an
915
insurance company or professional administrator who holds a valid
916
certificate of authority issued by the Office of Insurance
917
Regulation of the Financial Services Commission to provide any or
918
all services that a third-party administrator is authorized by
919
law to perform. Pursuant to such contract, the district school
920
board may advance or remit money to the administrator to be
921
deposited in a designated special checking account for paying
922
claims against the district school board under its self-insurance
923
programs, and remitting premiums to the providers of insured
924
benefits on behalf of the district school board and the
925
participants in such programs, and otherwise fulfilling the
926
obligations imposed upon the administrator by law and the
927
contractual agreements between the district school board and the
928
administrator. The special checking account shall be maintained
929
in a designated district school depository. The district school
930
board may replenish such account as often as necessary upon the
931
presentation by the service organization of documentation for
932
claims or premiums due paid equal to the amount of the requested
933
reimbursement. Such replenishment shall be made by a warrant
934
signed by the chair of the district school board and
935
countersigned by the district school superintendent. Such
936
replenishment may be made by electronic, telephonic, or other
937
medium, and each transfer shall be confirmed in writing and
938
signed by the district school superintendent or his or her
939
designee. The provisions of strict accountability of all funds
940
and an annual audit by an independent certified public accountant
942
this subsection.
943
Section 29. Present subsection (6) of section 1012.27,
944
Florida Statutes, is redesignated as subsection (7), and a new
945
subsection (6) is added to that section, to read:
946
1012.27 Public school personnel; powers and duties of
947
district school superintendent.--The district school
948
superintendent is responsible for directing the work of the
949
personnel, subject to the requirements of this chapter, and in
950
addition the district school superintendent shall perform the
951
following:
952
(6) Before appointing a candidate to any instructional
953
position that involves direct contact with students, contact the
954
candidate's previous employer to assess the candidate's ability
955
to meet state and local ethical standards for professional
956
educators, screen the candidate using the screening tools as
957
described in s. 1001.10(5), and document findings.
958
Section 30. Section 1012.315, Florida Statutes, is created
959
to read:
960
1012.315 Disqualification from employment.--
961
(1) Any instructional personnel, as defined in s.
962
1012.01(2), are ineligible for employment in any position that
963
involves direct contact with students if convicted of the
964
following disqualifying offenses:
965
(a) Any offense listed in s. 435.04;
966
(b) Section 787.025, relating to luring or enticing a
967
child;
968
(c) Section 794.05, relating to unlawful sexual activity
969
with certain minors;
970
(d) Section 810.14, relating to voyeurism;
971
(e) Section 810.145, relating to video voyeurism;
972
(f) Conviction of a crime involving moral turpitude; or
973
(g) Any delinquent act that qualified or would have
974
qualified an individual for inclusion on the Registered Juvenile
975
Sex Offender List pursuant to s. 943.0435(1)(a)1.d.
976
(2) A criminal act committed in another state or under
977
federal law, the elements of which constitute a criminal act as
978
described in subsection (1) shall, for purposes of
979
disqualification, be considered as if the act was committed in
980
this state.
981
Section 31. Subsection (1) of section 1012.32, Florida
982
Statutes, is amended to read:
983
1012.32 Qualifications of personnel.--
984
(1)(a) To be eligible for appointment in any position in
985
any district school system, a person shall be of good moral
986
character; shall have attained the age of 18 years, if he or she
987
is to be employed in an instructional capacity; and shall, when
988
required by law, hold a certificate or license issued under rules
989
of the State Board of Education or the Department of Children and
990
Family Services, except when employed pursuant to s. 1012.55 or
991
under the emergency provisions of s. 1012.24. Previous residence
992
in this state shall not be required in any school of the state as
993
a prerequisite for any person holding a valid Florida certificate
994
or license to serve in an instructional capacity.
995
(b) Any instructional personnel, as defined in s.
996
1012.01(2), are disqualified from employment in any position
997
having direct contact with students if convicted of a
998
disqualifying offense as described in s. 1012.315.
999
Section 32. Paragraph (a) of subsection (1), paragraph (c)
1000
of subsection (4), and paragraph (b) of subsection (6) of section
1001
1012.33, Florida Statutes, are amended to read:
1002
1012.33 Contracts with instructional staff, supervisors,
1003
and school principals.--
1004
(1)(a) Each person employed as a member of the
1005
instructional staff in any district school system shall be
1007
employed pursuant to s. 1012.39 and shall be entitled to and
1008
shall receive a written contract as specified in this section.
1009
All such contracts, except continuing contracts as specified in
1010
subsection (4), shall contain provisions for dismissal during the
1011
term of the contract only for just cause. Just cause includes,
1012
but is not limited to, the following instances, as defined by
1013
rule of the State Board of Education: immorality, misconduct in
1014
office, incompetency, gross insubordination, willful neglect of
1015
duty, the commission of a criminal act, regardless of
1016
adjudication, or crimes or conviction of a crime involving moral
1017
turpitude.
1018
(4)
1019
(c) Any member of the district administrative or
1020
supervisory staff and any member of the instructional staff,
1021
including any school principal, who is under continuing contract
1022
may be suspended or dismissed at any time during the school year;
1023
however, the charges against him or her must be based on
1024
immorality, misconduct in office, incompetency, gross
1025
insubordination, willful neglect of duty, drunkenness, crimes or
1026
conviction of a crime involving moral turpitude, as these terms
1027
are defined by rule of the State Board of Education, or the
1028
commission of a criminal act, regardless of adjudication.
1029
Whenever such charges are made against an any such employee of
1030
the district school board, the district school board may suspend
1031
such person without pay; but, if the charges are not sustained,
1032
he or she shall be immediately reinstated, and his or her back
1033
salary shall be paid. In cases of suspension by the district
1034
school board or by the district school superintendent, the
1035
district school board shall determine upon the evidence submitted
1036
whether the charges have been sustained and, if the charges are
1037
sustained, shall determine either to dismiss the employee or fix
1038
the terms under which he or she may be reinstated. If such
1039
charges are sustained by a majority vote of the full membership
1040
of the district school board and the such employee is discharged,
1041
his or her contract of employment shall be thereby canceled. Any
1042
such decision adverse to the employee may be appealed by the
1043
employee pursuant to s. 120.68, provided the such appeal is filed
1044
within 30 days after the decision of the district school board.
1045
(6)
1046
(b) Any member of the district administrative or
1047
supervisory staff, including any principal but excluding an
1048
employee specified in subsection (4), may be suspended or
1049
dismissed at any time during the term of the contract; however,
1050
the charges against him or her must be based on immorality,
1051
misconduct in office, incompetency, gross insubordination,
1052
willful neglect of duty, drunkenness, or crimes conviction of any
1053
crime involving moral turpitude, as these terms are defined by
1054
rule of the State Board of Education. Whenever such charges are
1055
made against an any such employee of the district school board,
1056
the district school board may suspend the employee without pay;
1057
but, if the charges are not sustained, he or she shall be
1058
immediately reinstated, and his or her back salary shall be paid.
1059
In cases of suspension by the district school board or by the
1060
district school superintendent, the district school board shall
1061
determine upon the evidence submitted whether the charges have
1062
been sustained and, if the charges are sustained, shall determine
1063
either to dismiss the employee or fix the terms under which he or
1064
she may be reinstated. If such charges are sustained by a
1065
majority vote of the full membership of the district school board
1066
and the such employee is discharged, his or her contract of
1067
employment shall be thereby canceled. Any such decision adverse
1068
to the employee may be appealed by him or her pursuant to s.
1069
120.68, provided such appeal is filed within 30 days after the
1070
decision of the district school board.
1071
Section 33. Subsection (4) of section 1012.34, Florida
1072
Statutes, is amended to read:
1073
1012.34 Assessment procedures and criteria.--
1074
(4) The district school superintendent shall notify the
1075
department of any instructional personnel who receive two
1076
consecutive unsatisfactory evaluations and who have been given
1077
written notice by the district that their employment is being
1078
terminated or is not being renewed or that the district school
1079
board intends to terminate, or not renew, their employment. The
1080
department shall conduct an investigation to determine whether
1081
action shall be taken against the certificateholder pursuant to
1083
Section 34. Subsections (9) and (14) of section 1012.56,
1084
Florida Statutes, are amended to read:
1085
1012.56 Educator certification requirements.--
1086
(9) BACKGROUND SCREENING REQUIRED, INITIALLY AND
1087
PERIODICALLY.--
1088
(a) Each person who seeks certification under this chapter
1089
must undergo state and national criminal history records checks
1090
pursuant to s. 435.04 and may not have been convicted of any
1091
disqualifying offense under s. 1012.315. An individual is exempt
1092
from undergoing an additional state and national criminal history
1093
records checks if the checks have meet level 2 screening
1094
requirements as described in s. 1012.32 unless a level 2
1095
screening has been conducted by a district school board or the
1096
Department of Education within 12 months before the date the
1097
person initially obtains certification under this chapter, the
1098
results of which are submitted to the district school board or to
1099
the Department of Education.
1100
(b) A person may not receive a certificate under this
1101
chapter until the person undergoes state and national criminal
1102
history records checks pursuant to s. 435.04 verifying that the
1103
person has not been convicted of a disqualifying offense as
1104
described in s. 1012.315, level 2 screening has been completed
1105
and the results have been submitted to the Department of
1106
Education or to the district school superintendent of the school
1107
district that employs the person. Every 5 years after obtaining
1108
initial certification, each person who is required to be
1109
certified under this chapter must meet the level 2 screening
1110
requirements as described in paragraph (a) s. 1012.32, at which
1111
time the school district shall request the Department of Law
1112
Enforcement to forward the fingerprints to the Federal Bureau of
1113
Investigation for national processing the level 2 screening. If,
1114
for any reason after obtaining initial certification, the
1115
fingerprints of a person who is required to be certified under
1116
this chapter are not retained by the Department of Law
1117
Enforcement under s. 1012.32(3)(a) and (b), the person must file
1118
a complete set of fingerprints with the district school
1119
superintendent of the employing school district. Upon submission
1120
of fingerprints for this purpose, the school district shall
1121
request the Department of Law Enforcement to forward the
1122
fingerprints to the Federal Bureau of Investigation for national
1123
processing the level 2 screening, and the fingerprints shall be
1124
retained by the Department of Law Enforcement under s.
1125
1012.32(3)(a) and (b). The cost of the state and federal criminal
1126
history check required by paragraph (a) and this paragraph level
1127
2 screening may be borne by the district school board or the
1128
employee. Under penalty of perjury, each person who is certified
1129
under this chapter must agree to inform his or her employer
1130
within 48 hours if convicted of any disqualifying offense while
1131
he or she is employed in a position for which such certification
1132
is required.
1133
(c) If it is found under s. 1012.796 that a person who is
1134
employed in a position requiring certification under this chapter
1135
is ineligible for employment under s. 1012.315 does not meet the
1136
level 2 screening requirements, the person's certification shall
1137
be immediately revoked or suspended and he or she shall be
1138
immediately suspended from the position requiring certification.
1139
(14) PERSONNEL RECORDS.--The Department of Education shall
1140
maintain an electronic database that includes, but need not be
1141
limited to, a complete statement of the academic preparation,
1142
professional training, and teaching experience of each person to
1143
whom a certificate is issued. The applicant or the district
1144
school superintendent shall furnish the information using a
1145
format or forms provided by the department.
1146
Section 35. Subsection (1) and paragraph (a) of subsection
1147
(8) of section 1012.79, Florida Statutes, are amended to read:
1148
1012.79 Education Practices Commission; organization.--
1149
(1) The Education Practices Commission consists of 25 17
1150
members, including 8 7 teachers;, 5 administrators, at least one
1151
of whom shall represent a private school; 7 and 5 lay citizens,
1152
(of whom 5 shall be parents of public school students and who are
1153
unrelated to public school employees and 2 shall be current or
1154
former district school board members;), and 5 sworn law
1155
enforcement officials, appointed by the State Board of Education
1156
from nominations by the Commissioner of Education and subject to
1157
Senate confirmation. Before Prior to making nominations, the
1158
commissioner shall consult with the teaching associations, parent
1159
organizations, law enforcement agencies, and other involved
1160
associations in the state. In making nominations, the
1161
commissioner shall attempt to achieve equal geographical
1162
representation, as closely as possible.
1163
(a) A teacher member, in order to be qualified for
1164
appointment:
1165
1. Must be certified to teach in the state.
1166
2. Must be a resident of the state.
1167
3. Must have practiced the profession in this state for at
1168
least 5 years immediately preceding the appointment.
1169
(b) A school administrator member, in order to be qualified
1170
for appointment:
1171
1. Must have an endorsement on the educator certificate in
1172
the area of school administration or supervision.
1173
2. Must be a resident of the state.
1174
3. Must have practiced the profession as an administrator
1175
for at least 5 years immediately preceding the appointment.
1176
(c) The lay members must be residents of the state.
1177
(d) The members who are law enforcement officials must have
1178
served in the profession for at least 5 years immediately
1179
preceding appointment and have background expertise in child
1180
safety.
1181
(8)(a) The commission shall, from time to time, designate
1182
members of the commission to serve on panels for the purpose of
1183
reviewing and issuing final orders upon cases presented to the
1184
commission. A case concerning a complaint against a teacher shall
1185
be reviewed and a final order thereon shall be entered by a panel
1186
composed of five commission members, at least one of whom must be
1187
a parent, one of whom must be a sworn law enforcement officer,
1188
and three of whom must shall be teachers. A case concerning a
1189
complaint against an administrator shall be reviewed and a final
1190
order thereon shall be entered by a panel composed of five
1191
commission members, at least one of whom must be a parent, one of
1192
whom must be a sworn law enforcement officer, and three of whom
1193
shall be administrators.
1194
Section 36. Subsection (1) of section 1012.795, Florida
1195
Statutes, is amended to read:
1196
1012.795 Education Practices Commission; authority to
1197
discipline.--
1198
(1) The Education Practices Commission may suspend the
1199
educator certificate of any person as defined in s. 1012.01(2) or
1200
(3) for a period of time not to exceed 5 years, thereby denying
1201
that person the right to teach or otherwise be employed by a
1202
district school board or public school in any capacity requiring
1203
direct contact with students for that period of time, after which
1204
the holder may return to teaching as provided in subsection (4);
1205
may revoke the educator certificate of any person, thereby
1206
denying that person the right to teach or otherwise be employed
1207
by a district school board or public school in any capacity
1208
requiring direct contact with students for a period of time not
1209
to exceed 10 years, with reinstatement subject to the provisions
1210
of subsection (4); may revoke permanently the educator
1211
certificate of any person thereby denying that person the right
1212
to teach or otherwise be employed by a district school board or
1213
public school in any capacity requiring direct contact with
1214
students; may suspend the educator certificate, upon order of the
1215
court, of any person found to have a delinquent child support
1216
obligation; or may impose any other penalty provided by law, if
1217
provided it can be shown that the person:
1218
(a) Obtained or attempted to obtain an educator certificate
1219
by fraudulent means.
1220
(b) Knowingly failed to report any suspected or actual
1221
child abuse pursuant to s. 1006.061 or misconduct by
1222
instructional personnel, pursuant to s. 1012.795, which affects
1223
the health, safety, or welfare of a student.
1224
(c)(b) Has proved to be incompetent to teach or to perform
1225
duties as an employee of the public school system or to teach in
1226
or to operate a private school.
1227
(d)(c) Has been guilty of gross immorality or an act
1228
involving moral turpitude as defined by rules of the State Board
1229
of Education.
1230
(e)(d) Has had an educator certificate sanctioned by
1231
revocation, suspension, or surrender in another state.
1232
(f)(e) Has been convicted of a misdemeanor, felony, or any
1233
other criminal charge, other than a minor traffic violation.
1234
(g)(f) Upon investigation, has been found guilty of
1235
personal conduct which seriously reduces that person's
1236
effectiveness as an employee of the district school board.
1237
(h)(g) Has breached a contract, as provided in s.
1238
1012.33(2).
1239
(i)(h) Has been the subject of a court order directing the
1240
Education Practices Commission to suspend the certificate as a
1241
result of a delinquent child support obligation.
1242
(j)(i) Has violated the Principles of Professional Conduct
1243
for the Education Profession prescribed by State Board of
1244
Education rules.
1245
(k)(j) Has otherwise violated the provisions of law, the
1246
penalty for which is the revocation of the educator certificate.
1247
(l)(k) Has violated any order of the Education Practices
1248
Commission.
1249
(m)(l) Has been the subject of a court order or plea
1250
agreement in any jurisdiction which requires the
1251
certificateholder to surrender or otherwise relinquish his or her
1252
educator's certificate. A surrender or relinquishment shall be
1253
for permanent revocation of the certificate. A person may not
1254
surrender or otherwise relinquish his or her certificate prior to
1255
a finding of probable cause by the commissioner as provided in s.
1256
1257
Section 37. Subsections (1), (3), and (5) of section
1258
1012.796, Florida Statutes, are amended to read:
1259
1012.796 Complaints against teachers and administrators;
1260
procedure; penalties.--
1261
(1)(a) The Department of Education shall cause to be
1262
investigated expeditiously any complaint filed before it or
1263
otherwise called to its attention which, if legally sufficient,
1264
contains grounds for the revocation or suspension of a
1265
certificate or any other appropriate penalty as set forth in
1266
subsection (7). The complaint is legally sufficient if it
1267
contains the ultimate facts which show a violation has occurred
1268
as provided in s. 1012.795 and defined by rule. The department
1269
shall may investigate or continue to investigate and take
1270
appropriate action on a complaint even though the original
1271
complainant withdraws the complaint or otherwise indicates a
1272
desire not to cause it to be investigated or prosecuted to
1273
completion. The department may investigate or continue to
1274
investigate and take action on a complaint filed against a person
1275
whose educator certificate has expired if the act or acts that
1276
which are the basis for the complaint were allegedly committed
1277
while that person possessed an educator certificate.
1278
(b) The Department of Education shall investigate
1279
immediately any complaint filed before it or otherwise called to
1280
its attention which involves misconduct by any instructional
1281
personnel which affects the health, safety, or welfare of a
1282
student. The department must investigate or continue to
1283
investigate and take action on such a complaint filed against a
1284
person whose educator certificate has expired if the act or acts
1285
that are the basis for the complaint were allegedly committed
1286
while that person possessed an educator certificate.
1287
(c)(b) When an investigation is undertaken, the department
1288
shall notify the certificateholder or applicant for certification
1289
and the district school superintendent or the university
1290
laboratory school, charter school, or private school in which the
1291
certificateholder or applicant for certification is employed or
1292
was employed at the time the alleged offense occurred. In
1293
addition, the department shall inform the certificateholder or
1294
applicant for certification of the substance of any complaint
1295
which has been filed against that certificateholder or applicant,
1296
unless the department determines that such notification would be
1297
detrimental to the investigation, in which case the department
1298
may withhold notification.
1299
(d)(c) Each school district shall file in writing with the
1300
department all legally sufficient complaints within 30 days after
1301
the date on which subject matter of the complaint comes to the
1302
attention of the school district. A complaint is legally
1303
sufficient if it contains ultimate facts that show a violation
1304
has occurred as provided in s. 1012.795 and defined by rule. The
1305
school district shall include all information relating to the
1306
complaint which is known to the school district at the time of
1307
filing. Each district school board shall develop and adopt
1308
policies and procedures to comply with this reporting
1309
requirement. School board policies and procedures must include
1310
standards for screening, hiring, and terminating employees,
1311
ethical standards for all employees, responsibilities of
1312
educators to uphold the standards, detailed steps to be followed
1313
in reporting suspected or actual misconduct by any instructional
1314
personnel which affects the health, safety, or welfare of a
1315
student, requirements for the reassignment of an employee pending
1316
the outcome of a misconduct investigation, and penalties for
1318
district school board policies and procedures shall include
1319
appropriate penalties for all personnel of the district school
1320
board for nonreporting and procedures for promptly informing the
1321
district school superintendent of each legally sufficient
1322
complaint. The district school superintendent is charged with
1323
knowledge of these policies and procedures and is accountable for
1324
communicating the ethical standards, policies, and procedures, to
1325
be provided through professional development for all staff. If
1326
the district school superintendent has knowledge of a legally
1327
sufficient complaint and does not report the complaint, or fails
1328
to enforce the policies and procedures of the district school
1329
board, and fails to comply with the requirements of this
1330
subsection, in addition to other actions against
1331
certificateholders authorized by law, the district school
1332
superintendent is shall be subject to penalties as specified in
1333
s. 1001.51(12). If the superintendent determines that misconduct
1334
affecting the health, safety, or welfare of a student has
1335
occurred which warrants termination, the employee may not resign
1336
but must be terminated and a record, including the cause of the
1337
termination, shall be reported to the Department of Education and
1338
maintained in the employee's public personnel file. This
1339
paragraph does not limit or restrict the power and duty of the
1340
department to investigate complaints as provided in paragraphs
1341
(a) and (c) (b), regardless of the school district's untimely
1342
filing, or failure to file, complaints and followup reports.
1343
(e)(d) Notwithstanding any other law, all law enforcement
1344
agencies, state attorneys, social service agencies, district
1345
school boards, and the Division of Administrative Hearings shall
1346
fully cooperate with and, upon request, shall provide unredacted
1347
documents to the Department of Education to further
1348
investigations and prosecutions conducted pursuant to this
1349
section. Any document received pursuant to this paragraph may not
1350
be redisclosed except as authorized by law.
1351
(3) The department staff shall advise the commissioner
1352
concerning the findings of the investigation. The department
1353
general counsel or members of that staff shall review the
1354
investigation and advise the commissioner concerning probable
1355
cause or lack thereof. The determination of probable cause shall
1356
be made by the commissioner. The commissioner shall provide an
1357
opportunity for a conference, if requested, prior to determining
1358
probable cause. The commissioner may enter into deferred
1359
prosecution agreements in lieu of finding probable cause if, when
1360
in his or her judgment, such agreements are would be in the best
1361
interests of the department, the certificateholder, and the
1362
public. Such deferred prosecution agreements shall become
1363
effective when filed with the clerk of the Education Practices
1364
Commission. However, a deferred prosecution agreement shall not
1365
be entered into if where there is probable cause to believe that
1366
a felony or an act of moral turpitude, as defined in rule, has
1367
occurred. Upon finding no probable cause, the commissioner shall
1368
dismiss the complaint.
1369
(5) When an allegation of misconduct with a student by
1370
instructional personnel, as defined in s. 1012.01(2), occurs
1371
deemed necessary to protect the health, safety, and welfare of a
1372
minor student, the district school superintendent in consultation
1373
with the school principal, or may, and upon the request of the
1374
Commissioner of Education, must immediately shall, temporarily
1375
suspend the instructional personnel a certificateholder from the
1376
certificateholder's regularly assigned duties, with pay, and
1377
reassign the suspended instructional personnel certificateholder
1378
to a position that does not require direct contact with students
1379
in the district school system. Such suspension shall continue
1380
until the completion of the proceedings and the determination of
1381
sanctions, if any, pursuant to this section and s. 1012.795.
1382
Section 38. Paragraph (b) of subsection (4) of section
1383
1012.98, Florida Statutes, is amended to read:
1384
1012.98 School Community Professional Development Act.--
1385
(4) The Department of Education, school districts, schools,
1386
community colleges, and state universities share the
1387
responsibilities described in this section. These
1388
responsibilities include the following:
1389
(b) Each school district shall develop a professional
1390
development system as specified in subsection (3). The system
1391
shall be developed in consultation with teachers, teacher-
1392
educators of community colleges and state universities, business
1393
and community representatives, and local education foundations,
1394
consortia, and professional organizations. The professional
1395
development system must:
1396
1. Be approved by the department. All substantial revisions
1397
to the system shall be submitted to the department for review for
1398
continued approval.
1399
2. Be based on analyses of student achievement data and
1400
instructional strategies and methods that support rigorous,
1401
relevant, and challenging curricula for all students. Schools and
1402
districts, in developing and refining the professional
1403
development system, shall also review and monitor school
1404
discipline data; school environment surveys; assessments of
1405
parental satisfaction; performance appraisal data of teachers,
1406
managers, and administrative personnel; and other performance
1407
indicators to identify school and student needs that can be met
1408
by improved professional performance.
1409
3. Provide inservice activities coupled with followup
1410
support appropriate to accomplish district-level and school-level
1411
improvement goals and standards. The inservice activities for
1412
instructional personnel shall focus on analysis of student
1413
achievement data, ongoing formal and informal assessments of
1414
student achievement, identification and use of enhanced and
1415
differentiated instructional strategies that emphasize rigor,
1416
relevance, and reading in the content areas, enhancement of
1417
subject content expertise, integrated use of classroom technology
1418
that enhances teaching and learning, classroom management, parent
1419
involvement, and school safety.
1420
4. Include a master plan for inservice activities, pursuant
1421
to rules of the State Board of Education, for all district
1422
employees from all fund sources. The master plan shall be updated
1423
annually by September 1, must be based on input from teachers and
1424
district and school instructional leaders, and must use the
1425
latest available student achievement data and research to enhance
1426
rigor and relevance in the classroom. Each district inservice
1427
plan must be aligned to and support the school-based inservice
1428
plans and school improvement plans pursuant to s. 1001.42(18) s.
1429
1001.42(16). District plans must be approved by the district
1430
school board annually in order to ensure compliance with
1431
subsection (1) and to allow for dissemination of research-based
1432
best practices to other districts. District school boards must
1433
submit verification of their approval to the Commissioner of
1434
Education no later than October 1, annually.
1435
5. Require each school principal to establish and maintain
1436
an individual professional development plan for each
1437
instructional employee assigned to the school as a seamless
1438
component to the school improvement plans developed pursuant to
1440
development plan must:
1441
a. Be related to specific performance data for the students
1442
to whom the teacher is assigned.
1443
b. Define the inservice objectives and specific measurable
1444
improvements expected in student performance as a result of the
1445
inservice activity.
1446
c. Include an evaluation component that determines the
1447
effectiveness of the professional development plan.
1448
6. Include inservice activities for school administrative
1449
personnel that address updated skills necessary for instructional
1450
leadership and effective school management pursuant to s.
1451
1452
7. Provide for systematic consultation with regional and
1453
state personnel designated to provide technical assistance and
1454
evaluation of local professional development programs.
1455
8. Provide for delivery of professional development by
1456
distance learning and other technology-based delivery systems to
1457
reach more educators at lower costs.
1458
9. Provide for the continuous evaluation of the quality and
1459
effectiveness of professional development programs in order to
1460
eliminate ineffective programs and strategies and to expand
1461
effective ones. Evaluations must consider the impact of such
1462
activities on the performance of participating educators and
1463
their students' achievement and behavior.
1464
Section 39. Subsection (4) of section 1013.03, Florida
1465
Statutes, is amended to read:
1466
1013.03 Functions of the department and the Board of
1467
Governors.--The functions of the Department of Education as it
1468
pertains to educational facilities of school districts and
1469
community colleges and of the Board of Governors as it pertains
1470
to educational facilities of state universities shall include,
1471
but not be limited to, the following:
1472
(4) Require each board and other appropriate agencies to
1473
submit complete and accurate financial data as to the amounts of
1474
funds from all sources that are available and spent for
1475
construction and capital improvements. The commissioner shall
1476
prescribe the format and the date for the submission of this data
1477
and any other educational facilities data. If any district does
1478
not submit the required educational facilities fiscal data by the
1479
prescribed date, the Commissioner of Education shall notify the
1480
district school board of this fact and, if appropriate action is
1481
not taken to immediately submit the required report, the district
1482
school board shall be directed to proceed pursuant to s.
1484
community college or university does not submit the required
1485
educational facilities fiscal data by the prescribed date, the
1486
same policy prescribed in this subsection for school districts
1487
shall be implemented.
1488
Section 40. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.