Florida Senate - 2008 CS for CS for SB 1712

By the Committees on Governmental Operations; Education Pre-K - 12; Education Pre-K - 12; and Senator Carlton

585-04973-08 20081712c2

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. 402.316,

10

F.S.; authorizing the Department of Children and Family

11

Services to adopt minimum standards for screening child

12

care personnel and for notification of termination of such

13

personnel; amending s. 435.04, F.S.; providing additional

14

criminal offenses for screening child care personnel;

15

amending s. 1001.10, F.S.; requiring the Department of

16

Education to assist school districts, charter schools, the

17

Florida School for the Deaf and the Blind, and certain

18

private schools and providers in developing policies and

19

procedures governing educator ethics and employment;

20

requiring the department to provide authorized staff with

21

access to or provide verification through certain

22

employment-screening tools; amending s. 1001.32, F.S.,

23

relating to school administration; conforming a cross-

24

reference; amending s. 1001.42, F.S.; requiring each

25

district school board to adopt ethical standards for all

26

employees; prohibiting confidentiality agreements

27

regarding terminated or dismissed employees which have the

28

effect of concealing certain conduct; providing that a

29

district school board official who knowingly signs or

30

transmits a false report, fails to support policies that

31

ensure the investigation of reports, or fails to report

32

allegations of misconduct by instructional or

33

administrative personnel forfeits his or her salary for a

34

specified period; amending s. 1001.452, F.S., relating to

35

district and school advisory councils; conforming cross-

36

references; amending s. 1001.51, F.S.; providing that a

37

district school superintendent or district school board

38

member forfeits his or her salary for a specified period

39

following failure to report allegations of misconduct by

40

instructional or administrative personnel; amending ss.

41

1001.54 and 1002.32, F.S., relating to duties of

42

principals and lab schools; conforming cross-references;

43

amending s. 1002.33, F.S.; requiring charter schools to

44

adopt ethical standards for all employees; prohibiting

45

confidentiality agreements regarding terminated or

46

dismissed employees which have the effect of concealing

47

certain conduct; requiring the school to contact the prior

48

employer and assess a candidate's ability to meet ethical

49

standards; requiring the school to notify the Department

50

of Education of dates of employment for instructional and

51

administrative personnel; requiring the charter school

52

sponsor to suspend the school's charter for failing to

53

comply with these requirements; amending s. 1002.36, F.S.;

54

requiring the Florida School for the Deaf and the Blind to

55

meet certain requirements governing the screening of

56

educators; amending ss. 1002.421 and 1002.55, F.S.;

57

requiring owners of certain private schools and private

58

prekindergarten providers to adopt ethical standards for

59

all employees; prohibiting confidentiality agreements

60

regarding terminated or dismissed employees which have the

61

effect of concealing certain conduct; requiring such

62

owners and providers to contact the previous employer of

63

each instructional or administrative candidate for

64

employment and notify the Department of Education of dates

65

of employment of an educator; amending ss. 1002.61,

66

1002.63, 1002.65, 1003.413, 1003.53, and 1004.92, F.S.;

67

conforming cross-references; amending s. 1006.061, F.S.;

68

requiring the school board, charter school, private school

69

participating in a state school choice scholarship

70

program, and private provider participating in the

71

Voluntary Prekindergarten Education Program to post its

72

policies relating to misconduct by personnel; requiring

73

the head of such entities to act as a liaison in suspected

74

cases of child abuse; amending ss. 1007.21, 1007.23,

75

1008.33, 1008.345, 1010.215, and 1011.18, F.S.; conforming

76

cross-references; amending s. 1012.27, F.S.; requiring the

77

district school superintendent to contact the previous

78

employer of each instructional or administrative candidate

79

for employment, screen the candidate, and document

80

findings; creating s. 1012.315, F.S.; specifying offenses

81

that disqualify instructional and administrative personnel

82

from employment in positions involving direct contact with

83

students; amending s. 1012.32, F.S.; providing that

84

instructional and administrative personnel who have been

85

convicted of certain offenses are disqualified from

86

employment in positions having direct contact with

87

students; amending s. 1012.33, F.S.; providing that just

88

cause for terminating instructional staff includes

89

immorality or the commission of a criminal act; amending

90

s. 1012.34, F.S., relating to assessment procedures;

91

conforming a cross-reference; amending s. 1012.56, F.S.,

92

relating to certification requirements for educators;

93

revising the requirements for conducting state and

94

national criminal history records checks of persons

95

seeking certification; providing for the Department of

96

Education to maintain personnel records on an electronic

97

database; amending s. 1012.79, F.S.; providing for

98

additional members to be appointed to the Education

99

Practices Commission; revising the composition of the

100

panel appointed to review complaints against teachers;

101

amending s. 1012.795, F.S.; providing for suspending the

102

educator certificate of a person who knowingly fails to

103

report child abuse or suspected or actual misconduct by

104

instructional personnel; amending s. 1012.796, F.S.;

105

requiring the Department of Education to investigate each

106

complaint involving misconduct by certificated personnel;

107

clarifying what constitutes a legally sufficient

108

complaint; providing requirements for school board

109

policies and procedures relating to ethical standards;

110

providing that the district school superintendent is

111

accountable for communicating standards, policies, and

112

procedures to district employees; requiring that an

113

employee be immediately suspended and reassigned upon an

114

allegation of misconduct affecting the health, safety, or

115

welfare of a student; requiring employers of certified

116

personnel to file complaints in writing to the Department

117

of Education; amending ss. 1012.98 and 1013.03, F.S.,

118

relating to the School Community Professional Development

119

Act and functions of the department and Board of

120

Governors; conforming cross-references; providing an

121

effective date.

122

123

Be It Enacted by the Legislature of the State of Florida:

124

125

     Section 1. This act may be cited as the "Ethics in

126

Education Act."

127

     Section 2.  Paragraphs (c) and (d) of subsection (5) of

128

section 24.121, Florida Statutes, are amended to read:

129

     24.121  Allocation of revenues and expenditure of funds for

130

public education.--

131

     (5)

132

     (c)  A portion of such net revenues, as determined annually

133

by the Legislature, shall be distributed to each school district

134

and shall be made available to each public school in the district

135

for enhancing school performance through development and

136

implementation of a school improvement plan pursuant to s.

137

1001.42(18) s. 1001.42(16). A portion of these moneys, as

138

determined annually in the General Appropriations Act, must be

139

allocated to each school in an equal amount for each student

140

enrolled. These moneys may be expended only on programs or

141

projects selected by the school advisory council or by a parent

142

advisory committee created pursuant to this paragraph. If a

143

school does not have a school advisory council, the district

144

advisory council must appoint a parent advisory committee

145

composed of parents of students enrolled in that school, which

146

committee is representative of the ethnic, racial, and economic

147

community served by the school, to advise the school's principal

148

on the programs or projects to be funded. Neither school district

149

staff nor principals may override the recommendations of the

150

school advisory council or the parent advisory committee. These

151

moneys may not be used for capital improvements or, nor may they

152

be used for any project or program that has a duration of more

153

than 1 year; however, a school advisory council or parent

154

advisory committee may independently determine that a program or

155

project formerly funded under this paragraph should receive funds

156

in a subsequent year.

157

     (d)  No funds shall be released for any purpose from the

158

Educational Enhancement Trust Fund to any school district in

159

which one or more schools do not have an approved school

160

improvement plan pursuant to s. 1001.42(18) s. 1001.42(16) or do

161

not comply with school advisory council membership composition

162

requirements pursuant to s. 1001.452(1). The Commissioner of

163

Education shall withhold disbursements from the trust fund to any

164

school district that fails to adopt the performance-based salary

165

schedule required by s. 1012.22(1).

166

     Section 3.  Paragraph (e) of subsection (2) of section

167

112.3173, Florida Statutes, is amended to read:

168

     112.3173  Felonies involving breach of public trust and

169

other specified offenses by public officers and employees;

170

forfeiture of retirement benefits.--

171

     (2)  DEFINITIONS.--As used in this section, unless the

172

context otherwise requires, the term:

173

     (e)  "Specified offense" means:

174

     1.  The committing, aiding, or abetting of an embezzlement

175

of public funds;

176

     2.  The committing, aiding, or abetting of any theft by a

177

public officer or employee from his or her employer;

178

     3.  Bribery in connection with the employment of a public

179

officer or employee;

180

     4.  Any felony specified in chapter 838, except ss. 838.15

181

and 838.16;

182

     5. The committing of an impeachable offense; or

183

     6.  The committing of any felony by a public officer or

184

employee who, willfully and with intent to defraud the public or

185

the public agency for which the public officer or employee acts

186

or in which he or she is employed of the right to receive the

187

faithful performance of his or her duty as a public officer or

188

employee, realizes or obtains, or attempts to realize or obtain,

189

a profit, gain, or advantage for himself or herself or for some

190

other person through the use or attempted use of the power,

191

rights, privileges, duties, or position of his or her public

192

office or employment position; or.

193

     7. Effective October 1, 2008, the committing of any felony

194

defined in s. 800.04 against a victim younger than 16 years of

195

age or any felony defined in chapter 794, s. 800.02, or s. 800.03

196

against a victim younger than 18 years of age by a public officer

197

or employee through the use or attempted use of power, rights,

198

privileges, duties, or position of his or her public office or

199

employment position.

200

     Section 4.  Present paragraphs (i) and (j) of subsection (5)

201

of section 121.091, Florida Statutes, are redesignated as

202

subsections (j) and (k), respectively, and a new paragraph (i) is

203

added to that subsecection, to read:

204

     121.091  Benefits payable under the system.--Benefits may

205

not be paid under this section unless the member has terminated

206

employment as provided in s. 121.021(39)(a) or begun

207

participation in the Deferred Retirement Option Program as

208

provided in subsection (13), and a proper application has been

209

filed in the manner prescribed by the department. The department

210

may cancel an application for retirement benefits when the member

211

or beneficiary fails to timely provide the information and

212

documents required by this chapter and the department's rules.

213

The department shall adopt rules establishing procedures for

214

application for retirement benefits and for the cancellation of

215

such application when the required information or documents are

216

not received.

217

     (5)  TERMINATION BENEFITS.--A member whose employment is

218

terminated prior to retirement retains membership rights to

219

previously earned member-noncontributory service credit, and to

220

member-contributory service credit, if the member leaves the

221

member contributions on deposit in his or her retirement account.

222

If a terminated member receives a refund of member contributions,

223

such member may reinstate membership rights to the previously

224

earned service credit represented by the refund by completing 1

225

year of creditable service and repaying the refunded member

226

contributions, plus interest.

227

     (i) Effective October 1, 2008, except for the return of the

228

member's accumulated contributions as of the date of conviction,

229

the division may not pay benefits to any member who has committed

230

any felony defined in s. 800.04 against a victim younger than 16

231

years of age or any felony defined in chapter 794, s. 800.02, or

232

s. 800.03 against a victim younger than 18 years of age through

233

the use or attempted use of power, rights, privileges, duties, or

234

position of his or her public office or employment position.

235

     Section 5.  Subsection (4) is added to section 402.316,

236

Florida Statutes, to read:

237

     402.316  Exemptions.--

238

     (4) The department shall adopt rules establishing minimum

239

standards for screening child care personnel and for providing

240

notification of employee termination to child care personnel

241

pursuant to s. 1002.55(2).

242

     Section 6.  Paragraph (c) of subsection (4) is added to

243

section 435.04, Florida Statutes, to read:

244

     435.04  Level 2 screening standards.--

245

     (4)  Standards must also ensure that the person:

246

     (c) For child care personnel screened pursuant to s.

247

402.305, s. 402.3055, s. 402.313, s. 402.3131, or s. 402.316, has

248

not been convicted of, or entered a plea of guilty or nolo

249

contendere, regardless of adjudication, to offenses prohibited

250

under any of the following statutes or under similar statutes of

251

another jurisdiction:

252

     1. Section 787.025, relating to luring or enticing a child.

253

     2. Section 794.05, relating to unlawful sexual activity

254

with certain minors.

255

     3. Section 810.14, relating to voyeurism.

256

     4. Section 810.145, relating to video voyeurism.

257

     5. Any delinquent act that qualified or would have

258

qualified an individual for inclusion on the Registered Juvenile

259

Sex Offender List pursuant to s. 943.0435(1)(a)1.d.

260

     Section 7.  Present subsection (4) of section 1001.10,

261

Florida Statutes, is redesignated as subsection (6), and new

262

subsections (4) and (5) are added to that section, to read:

263

     1001.10  Commissioner of Education; general powers and

264

duties.--

265

     (4) The Department of Education shall provide technical

266

assistance to local school districts, charter schools, the

267

Florida School for the Deaf and the Blind, and private schools

268

that accept scholarship students under chapter 1002 or s.

269

220.187, in the development of policies, procedures, and training

270

related to educator ethics and employment practices.

271

     (5) The Department of Education shall provide authorized

272

staff of local school districts, charter schools, the Florida

273

School for the Deaf and the Blind, private schools that accept

274

scholarship students under chapter 1002 or s. 220.187, and

275

private providers pursuant to s. 1002.55 with secure access to or

276

provide electronic verification of information required to

277

effectively screen employees through the following employment-

278

screening tools:

279

     (a) The Professional Practices' Database of Disciplinary

280

Actions Against Educators;

281

     (b) The Department of Education's Teacher Certification

282

Database; and

283

     (c) The Department of Education's Educator Employment

284

Information Database.

285

     Section 8.  Subsection (4) of section 1001.32, Florida

286

Statutes, is amended to read:

287

     1001.32  Management, control, operation, administration, and

288

supervision.--The district school system must be managed,

289

controlled, operated, administered, and supervised as follows:

290

     (4)  SCHOOL PRINCIPAL OR HEAD OF SCHOOL.--Responsibility for

291

the administration of any school or schools at a given school

292

center, for the supervision of instruction therein, and for

293

providing leadership in the development or revision and

294

implementation of a school improvement plan required by s.

295

1001.42(18) pursuant to s. 1001.42(16) shall be delegated to the

296

school principal or head of the school or schools in accordance

297

with rules established by the district school board.

298

     Section 9.  Present subsections (6) through (23) of section

299

1001.42, Florida Statutes, are redesignated as subsections (8)

300

through (25), respectively, and new subsections (6) and (7) are

301

added to that section, to read:

302

     1001.42  Powers and duties of district school board.--The

303

district school board, acting as a board, shall exercise all

304

powers and perform all duties listed below:

305

     (6) ESTABLISH ETHICAL STANDARDS.--Adopt and communicate

306

policies and procedures setting forth ethical standards for all

307

employees. The policies and procedures must include

308

responsibilities and procedures for reporting suspected or actual

309

misconduct by instructional personnel and school administrators,

310

as defined in s. 1012.01, which affects the health, safety, or

311

welfare of a student and an explanation of liability protections

312

provided to students, parents, and employees under ss. 39.201,

313

39.202, and 768.095 who report suspected or actual misconduct. A

314

district school board or any of its employees may not enter into

315

a confidentiality agreement regarding a terminated or dismissed

316

employee or an employee who resigns in lieu of termination based

317

in whole or in part on unethical conduct that affects the health,

318

safety, or welfare of a student and may not provide the employee

319

with a favorable recommendation for employment in another

320

educational setting. Any portion of an agreement or contract that

321

has the purpose or effect of concealing the conduct of an

322

educator regarding actions over which the Education Practices

323

Commission has disciplinary jurisdiction is void, is contrary to

324

public policy, and may not be enforced.

325

     (7) EMPLOYMENT DISQUALIFICATIONS.--Disqualify from

326

employment instructional personnel and school administrators, as

327

defined in s. 1012.01, who have been convicted of a disqualifying

328

offense as described in s. 1012.315. An elected or appointed

329

school board official who knowingly signs and transmits to any

330

state official a report known to be false or incorrect or who

331

fails to support the adoption of policies that ensure the

332

investigation of all reports of suspected or actual misconduct by

333

instructional personnel and school administrators, which affects

334

the health, safety, or welfare of a student and the reporting of

335

allegations of misconduct by such personnel which affects the

336

health, safety, or welfare of a student pursuant to s. 1012.796

337

forfeits his or her salary for 1 year.

338

     Section 10.  Paragraphs (a) and (c) of subsection (1) and

339

subsection (2) of section 1001.452, Florida Statutes, are amended

340

to read:

341

     1001.452  District and school advisory councils.--

342

     (1)  ESTABLISHMENT.--

343

     (a)  The district school board shall establish an advisory

344

council for each school in the district and shall develop

345

procedures for the election and appointment of advisory council

346

members. Each school advisory council shall include in its name

347

the words "school advisory council." The school advisory council

348

shall be the sole body responsible for final decisionmaking at

349

the school relating to implementation of ss. 1001.42(18) the

350

provisions of ss. 1001.42(16) and 1008.345. A majority of the

351

members of each school advisory council must be persons who are

352

not employed by the school. Each advisory council shall be

353

composed of the principal and an appropriately balanced number of

354

teachers, education support employees, students, parents, and

355

other business and community citizens who are representative of

356

the ethnic, racial, and economic community served by the school.

357

Career center and high school advisory councils shall include

358

students, and middle and junior high school advisory councils may

359

include students. School advisory councils of career centers and

360

adult education centers are not required to include parents as

361

members. Council members representing teachers, education support

362

employees, students, and parents shall be elected by their

363

respective peer groups at the school in a fair and equitable

364

manner as follows:

365

     1.  Teachers shall be elected by teachers.

366

     2.  Education support employees shall be elected by

367

education support employees.

368

     3.  Students shall be elected by students.

369

     4.  Parents shall be elected by parents.

370

371

The district school board shall establish procedures to be used

372

for use by schools in selecting business and community members

373

that include means of ensuring wide notice of vacancies and of

374

taking input on possible members from local business, chambers of

375

commerce, community and civic organizations and groups, and the

376

public at large. The district school board shall review the

377

membership composition of each advisory council. If the district

378

school board determines that the membership elected by the school

379

is not representative of the ethnic, racial, and economic

380

community served by the school, the district school board shall

381

appoint additional members to achieve proper representation. The

382

commissioner shall determine if schools have maximized their

383

efforts to include on their advisory councils minority persons

384

and persons of lower socioeconomic status. Although schools are

385

strongly encouraged to establish school advisory councils, the

386

district school board of any school district that has a student

387

population of 10,000 or fewer may establish a district advisory

388

council which includes shall include at least one duly elected

389

teacher from each school in the district. For the purposes of

390

school advisory councils and district advisory councils, the term

391

"teacher" includes shall include classroom teachers, certified

392

student services personnel, and media specialists. For purposes

393

of this paragraph, "education support employee" means any person

394

employed by a school who is not defined as instructional or

395

administrative personnel pursuant to s. 1012.01 and whose duties

396

require 20 or more hours in each normal working week.

397

     (c)  For those schools operating for the purpose of

398

providing educational services to youth in Department of Juvenile

399

Justice programs, district school boards may establish a district

400

advisory council with appropriate representatives for the purpose

401

of developing and monitoring a district school improvement plan

402

that encompasses all such schools in the district, pursuant to s.

403

1001.42(18)(a) s. 1001.42(16)(a).

404

     (2) DUTIES.--Each advisory council shall perform such

405

functions as are prescribed by regulations of the district school

406

board; however, no advisory council shall have any of the powers

407

and duties now reserved by law to the district school board. Each

408

school advisory council shall assist in the preparation and

409

evaluation of the school improvement plan required pursuant to s.

410

1001.42(18) s. 1001.42(16). With technical assistance from the

411

Department of Education, each school advisory council shall

412

assist in the preparation of the school's annual budget and plan

413

as required by s. 1008.385(1). A portion of funds provided in the

414

annual General Appropriations Act for use by school advisory

415

councils must be used for implementing the school improvement

416

plan.

417

     Section 11.  Subsection (12) of section 1001.51, Florida

418

Statutes, is amended to read:

419

     1001.51  Duties and responsibilities of district school

420

superintendent.--The district school superintendent shall

421

exercise all powers and perform all duties listed below and

422

elsewhere in the law, provided that, in so doing, he or she shall

423

advise and counsel with the district school board. The district

424

school superintendent shall perform all tasks necessary to make

425

sound recommendations, nominations, proposals, and reports

426

required by law to be acted upon by the district school board.

427

All such recommendations, nominations, proposals, and reports by

428

the district school superintendent shall be either recorded in

429

the minutes or shall be made in writing, noted in the minutes,

430

and filed in the public records of the district school board. It

431

shall be presumed that, in the absence of the record required in

432

this section, the recommendations, nominations, and proposals

433

required of the district school superintendent were not contrary

434

to the action taken by the district school board in such matters.

435

     (12)  RECORDS AND REPORTS.--Recommend such records as should

436

be kept in addition to those prescribed by rules of the State

437

Board of Education; prepare forms for keeping such records as are

438

approved by the district school board; ensure that such records

439

are properly kept; and make all reports that are needed or

440

required, as follows:

441

     (a)  Forms, blanks, and reports.--Require that all employees

442

accurately keep all records and promptly make in proper form all

443

reports required by the education code or by rules of the State

444

Board of Education; recommend the keeping of such additional

445

records and the making of such additional reports as may be

446

deemed necessary to provide data essential for the operation of

447

the school system; and prepare such forms and blanks as may be

448

required and ensure that these records and reports are properly

449

prepared.

450

     (b)  Reports to the department.--Prepare, for the approval

451

of the district school board, all reports that may be required by

452

law or rules of the State Board of Education to be made to the

453

department and transmit promptly all such reports, when approved,

454

to the department, as required by law. If any such reports are

455

not transmitted at the time and in the manner prescribed by law

456

or by State Board of Education rules, the salary of the district

457

school superintendent must be withheld until the report has been

458

properly submitted. Unless otherwise provided by rules of the

459

State Board of Education, the annual report on attendance and

460

personnel is due on or before July 1, and the annual school

461

budget and the report on finance are due on the date prescribed

462

by the commissioner.

463

464

Any district school superintendent who knowingly signs and

465

transmits to any state official a false or incorrect report known

466

to be false or incorrect or who knowingly fails to investigate

467

all reports of suspected or actual misconduct by instructional

468

personnel and school administrators, as defined in s. 1012.01,

469

which affects the health, safety, or welfare of a student or

470

report allegations of misconduct by such personnel which affects

471

the health, safety, or welfare of a student pursuant to s.

472

1012.796 forfeits shall forfeit his or her right to any salary

473

for the period of 1 year following the from that date of such act

474

or failure to act.

475

     Section 12.  Subsection (2) of section 1001.54, Florida

476

Statutes, is amended to read:

477

     1001.54  Duties of school principals.--

478

     (2)  Each school principal shall provide instructional

479

leadership in the development, revision, and implementation of a

480

school improvement plan pursuant to s. 1001.42(18) s.

481

1001.42(16).

482

     Section 13.  Paragraph (b) of subsection (11) of section

483

1002.32, Florida Statutes, is amended to read:

484

     1002.32  Developmental research (laboratory) schools.--

485

     (11)  EXCEPTIONS TO LAW.--To encourage innovative practices

486

and facilitate the mission of the lab schools, in addition to the

487

exceptions to law specified in s. 1001.23(2), the following

488

exceptions shall be permitted for lab schools:

489

     (b) With the exception of s. 1001.42(18) s. 1001.42(16), s.

490

1001.42 shall be held in abeyance. Reference to district school

491

boards in s. 1001.42(18) s. 1001.42(16) shall mean the president

492

of the university or the president's designee.

493

     Section 14.  Paragraph (g) of subsection (12) of section

494

1002.33, Florida Statutes, is amended to read:

495

     1002.33  Charter schools.--

496

     (12)  EMPLOYEES OF CHARTER SCHOOLS.--

497

     (g) In order to protect the health, safety, or welfare of

498

students, a charter school governing board shall:

499

     1. A charter school shall Employ or contract with employees

500

who have undergone background screening as provided in s.

501

1012.32. Members of the governing board of the charter school

502

shall also undergo background screening in a manner similar to

503

that provided in s. 1012.32.

504

2. Disqualify any individual convicted of an offense

505

pursuant to s. 1012.315 from employment in an instructional or

506

school administrator position that involves direct contact with

507

students.

508

     3. Adopt and communicate policies and procedures setting

509

forth ethical standards for all employees and include policies

510

and procedures in professional development for all staff. The

511

policies and procedures must include responsibilities and

512

procedures for reporting suspected or actual misconduct by

513

instructional personnel or a school administrator which affects

514

the health, safety, or welfare of a student and an explanation of

515

liability protections provided to students, parents, and

516

employees under ss. 39.201, 39.202, and 768.095 who report

517

suspected or actual misconduct that affects the health, safety,

518

or welfare of a student. A charter school or any of its employees

519

may not enter into a confidentiality agreement regarding a

520

terminated or dismissed employee or an employee who resigns in

521

lieu of termination based in whole or in part on unethical

522

conduct that affects the health, safety, or welfare of a student

523

and may not provide the employee with a favorable recommendation

524

for employment in another educational setting. Any portion of an

525

agreement or contract that has the purpose or effect of

526

concealing the conduct of an educator regarding actions over

527

which the Education Practices Commission has disciplinary

528

jurisdiction is void, is contrary to public policy, and may not

529

be enforced.

530

     4. Before appointing a candidate to an instructional or

531

school administrator position that involves direct contact with

532

students, contact the previous employer of the candidate to

533

assess the candidate's ability to meet ethical standards for

534

professional educators, screen the candidate through the use of

535

educator screening tools described in s. 1001.10(5), and document

536

the findings.

537

     5. Report to the Department of Education the date of hire

538

and, when applicable, the date employment is severed, for all

539

instructional personnel and school administrators.

540

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

541

with this paragraph shall terminate the charter pursuant to

542

subsection (8).

543

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

544

section 1002.36, Florida Statutes, to read:

545

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

546

     (7)  PERSONNEL SCREENING.--

547

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

548

welfare of students and the ethical standards for professional

549

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

550

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

551

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

552

1012.56, 1012.33, 1012.795, and 1012.796.

553

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

554

section 1002.421, Florida Statutes, are redesignated as

555

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

556

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

557

     1002.421  Accountability of private schools participating in

558

state school choice scholarship programs.--

559

     (4) A private school participating in a scholarship program

560

under this section shall:

561

     (a) Disqualify from employment in an instructional or

562

school administrator position that involves direct contact with

563

students any individual convicted of a disqualifying offense

564

identified under s. 1012.315.

565

     (b) Adopt and communicate policies and procedures setting

566

forth ethical standards for all employees and include policies

567

and procedures in professional development for all staff. The

568

policies and procedures must include responsibilities and

569

procedures for reporting suspected or actual misconduct by

570

instructional personnel or a school administrator which affects

571

the health, safety, or welfare of a student and an explanation of

572

liability protections provided to students, parents, and

573

employees under ss. 39.201, 39.202, and 768.095 who report

574

suspected or actual misconduct that affects the health, safety,

575

or welfare of a student. A private school or any of its employees

576

may not enter into a confidentiality agreement regarding a

577

terminated or dismissed employee or an employee who resigns in

578

lieu of termination based in whole or in part on unethical

579

conduct that affects the health, safety, or welfare of a student

580

and may not provide the employee with a favorable recommendation

581

for employment in another educational setting. Any portion of an

582

agreement or contract that has the purpose or effect of

583

concealing the unethical conduct of an educator as described

584

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

585

not be enforced.

586

     (c) Prior to appointing a candidate to an instructional or

587

school administrator position that involves direct contact with

588

students, contact the previous employer of the candidate to

589

assess the candidate's ability to meet ethical standards for

590

professional educators, screen the candidate through the use of

591

educator screening tools described in s. 1001.10(5), and document

592

the findings.

593

     (d) Report to the Department of Education the date of hire

594

and, when applicable, the date employment is severed, for all

595

instructional personnel and school administrators.

596

597

The department shall prohibit a private school that accepts

598

scholarship students under chapter 1002 or s. 220.187, which

599

fails to comply with this subsection from accepting such

600

scholarship students and disqualify the private school from

601

accepting funds under those programs for a period of 1 calendar

602

year and until the private school complies with this subsection.

603

     Section 17.  Present subsections (2), (3), and (4) of

604

section 1002.55, Florida Statutes, are renumbered as subsections

605

(3), (4), and (5), respectively, a new subsection (2) is added to

606

that section, and present subsection (4) of that section is

607

amended, to read:

608

     1002.55  School-year prekindergarten program delivered by

609

private prekindergarten providers.--

610

     (2) A private provider participating in the Voluntary

611

Prekindergarten Education Program under this section must comply

612

with the following:

613

     (a) The provider must complete ethics training that has

614

been developed jointly by the Department of Children and Family

615

Services, the Department of Education, and the Agency for

616

Workforce Innovation. Such training shall include strategies on

617

how to adopt and communicate policies, responsibilities, and

618

procedures for reporting suspected or actual misconduct by a

619

prekindergarten instructor or administrator which affects the

620

health, safety, or welfare of a student, and an explanation of

621

liability protections provided to students, parents, and

622

employees under ss. 39.201, 39.202, and 768.095. Successful

623

completion of training shall be documented on the child care

624

personnel training transcript of the Department of Children and

625

Family Services.

626

     (b) The provider must disqualify from employment any

627

prekindergarten instructor or administrator who has been

628

convicted of a disqualifying offense identified under s. 435.04.

629

     (c) Before appointing a candidate as a prekindergarten

630

instructor or administrator, the provider must contact the

631

candidate's previous employer pursuant to ss. 402.302(13) and

632

435.10 to assess the candidate's ability to meet ethical

633

standards for professional educators, screen the candidate

634

through the use of the educator screening tools described in s.

635

1001.10(5) and the Department of Children and Families'

636

electronic database, and document the findings.

637

     (d) The provider may not enter into a confidentiality

638

agreement regarding a terminated or dismissed employee or an

639

employee who resigns in lieu of termination based in whole or in

640

part on unethical conduct that affects the health, safety, or

641

welfare of a student and may not provide the employee with a

642

favorable recommendation for employment in another educational

643

setting. A portion of an agreement or contract that has the

644

purpose or effect of concealing the unethical conduct of a

645

prekindergarten instructor or administrator as described under s.

646

1012.795 is void, is contrary to public policy, and may not be

647

enforced.

648

     (e) The Agency for Workforce Innovation shall prohibit a

649

private provider that fails to comply with this subsection from

650

accepting funds under the Voluntary Prekindergarten Program for a

651

period of 1 calendar year and until the provider complies with

652

this subsection.

653

     (5)(4) A prekindergarten instructor, in lieu of the minimum

654

credentials and courses required under paragraph (4)(c) (3)(c),

655

may hold one of the following educational credentials:

656

     (a)  A bachelor's or higher degree in early childhood

657

education, prekindergarten or primary education, preschool

658

education, or family and consumer science;

659

     (b)  A bachelor's or higher degree in elementary education,

660

if the prekindergarten instructor has been certified to teach

661

children any age from birth through 6th grade, regardless of

662

whether the instructor's educator certificate is current, and if

663

the instructor is not ineligible to teach in a public school

664

because his or her educator certificate is suspended or revoked;

665

     (c)  An associate's or higher degree in child development;

666

     (d)  An associate's or higher degree in an unrelated field,

667

at least 6 credit hours in early childhood education or child

668

development, and at least 480 hours of experience in teaching or

669

providing child care services for children any age from birth

670

through 8 years of age; or

671

     (e)  An educational credential approved by the department as

672

being equivalent to or greater than an educational credential

673

described in this subsection. The department may adopt criteria

674

and procedures for approving equivalent educational credentials

675

under this paragraph.

676

     Section 18.  Subsections (4) and (6) of section 1002.61,

677

Florida Statutes, are amended to read:

678

     1002.61  Summer prekindergarten program delivered by public

679

schools and private prekindergarten providers.--

680

     (4) Notwithstanding ss. 1002.55(4)(c)1. 1002.55(3)(c)1. and

681

1002.63(5), each public school and private prekindergarten

682

provider must have, for each prekindergarten class, at least one

683

prekindergarten instructor who:

684

     (a)  Is a certified teacher; or

685

     (b)  Holds one of the educational credentials specified in

686

s. 1002.55(4)(a) or (b).

687

688

As used in this subsection, the term "certified teacher" means a

689

teacher holding a valid Florida educator certificate under s.

690

1012.56 who has the qualifications required by the district

691

school board to instruct students in the summer prekindergarten

692

program. In selecting instructional staff for the summer

693

prekindergarten program, each school district shall give priority

694

to teachers who have experience or coursework in early childhood

695

education.

696

     (6) Notwithstanding ss. 1002.55(4)(e) 1002.55(3)(e) and

697

1002.63(7), each prekindergarten class in the summer

698

prekindergarten program, regardless of whether the class is a

699

public school's or private prekindergarten provider's class, must

700

have be composed of at least 4 students but may not exceed 10

701

students. In order to protect the health and safety of students,

702

each public school or private prekindergarten provider must also

703

provide appropriate adult supervision for students at all times.

704

This subsection does not supersede any requirement imposed on a

705

provider under ss. 402.301-402.319.

706

     Section 19.  Subsections (5) and (7) of section 1002.63,

707

Florida Statutes, are amended to read:

708

     1002.63  School-year prekindergarten program delivered by

709

public schools.--

710

     (5)  Each public school must have, for each prekindergarten

711

class, at least one prekindergarten instructor who meets each

712

requirement in s. 1002.55(4)(c) s. 1002.55(3)(c) for a

713

prekindergarten instructor of a private prekindergarten provider.

714

     (7)  Each prekindergarten class in a public school

715

delivering the school-year prekindergarten program must have be

716

composed of at least 4 students but may not exceed 18 students.

717

In order to protect the health and safety of students, each

718

school must also provide appropriate adult supervision for

719

students at all times and, for each prekindergarten class

720

composed of 11 or more students, must have, in addition to a

721

prekindergarten instructor who meets the requirements of s.

722

1002.55(4)(c) s. 1002.55(3)(c), at least one adult

723

prekindergarten instructor who is not required to meet those

724

requirements but who must meet each requirement of subsection

725

(6).

726

     Section 20.  Paragraph (a) of subsection (2) of section

727

1002.65, Florida Statutes, is amended to read:

728

     1002.65  Professional credentials of prekindergarten

729

instructors; aspirational goals; legislative intent.--

730

     (2)  To improve these educational outcomes, the Legislature

731

intends that all prekindergarten instructors will continue to

732

improve their skills and preparation through education and

733

training, so that the following aspirational goals will be

734

achieved:

735

     (a)  By the 2010-2011 school year:

736

     1.  Each prekindergarten class will have at least one

737

prekindergarten instructor who holds an associate's or higher

738

degree in the field of early childhood education or child

739

development; and

740

     2.  For each prekindergarten class composed of 11 or more

741

students, in addition to a prekindergarten instructor who meets

742

the requirements of subparagraph 1., the class will have at least

743

one prekindergarten instructor who meets the requirements of s.

744

1002.55(4)(c) s. 1002.55(3)(c).

745

     Section 21.  Subsection (2) of section 1003.413, Florida

746

Statutes, is amended to read:

747

     1003.413  Florida Secondary School Redesign Act.--

748

     (2)  The following guiding principles for secondary school

749

redesign shall be used in the annual preparation of each

750

secondary school's improvement plan required by s. 1001.42(18) s.

751

1001.42(16):

752

     (a)  Struggling students, especially those in failing

753

schools, need the highest quality teachers and dramatically

754

different, innovative approaches to teaching and learning.

755

     (b)  Every teacher must contribute to every student's

756

reading improvement.

757

     (c)  Quality professional development provides teachers and

758

principals with the tools they need to better serve students.

759

     (d)  Small learning communities allow teachers to

760

personalize instruction to better address student learning

761

styles, strengths, and weaknesses.

762

     (e)  Intensive intervention in reading and mathematics must

763

occur early and through innovative delivery systems.

764

     (f)  Parents need access to tools they can use to monitor

765

their child's progress in school, communicate with teachers, and

766

act early on behalf of their child.

767

     (g)  Applied and integrated courses help students see the

768

relationships between subjects and relevance to their futures.

769

     (h)  School is more relevant when students choose courses

770

based on their goals, interests, and talents.

771

     (i)  Master schedules should not determine instruction and

772

must be designed based on student needs, not adult or

773

institutional needs.

774

     (j)  Academic and career planning engages students in

775

developing a personally meaningful course of study so they can

776

achieve goals they have set for themselves.

777

     Section 22.  Paragraph (b) of subsection (2) of section

778

1003.53, Florida Statutes, is amended to read:

779

     1003.53  Dropout prevention and academic intervention.--

780

     (2)

781

     (b)  Each school that establishes a dropout prevention and

782

academic intervention program at that school site shall reflect

783

that program in the school improvement plan as required under s.

784

1001.42(18) s. 1001.42(16).

785

     Section 23.  Subsections (1) and (3) of section 1004.92,

786

Florida Statutes, are amended to read:

787

     1004.92  Purpose and responsibilities for career

788

education.--

789

     (1)  The purpose of career education is to enable students

790

who complete career programs to attain and sustain employment and

791

realize economic self-sufficiency. The purpose of this section is

792

to identify issues related to career education for which school

793

boards and community college boards of trustees are accountable.

794

It is the intent of the Legislature that the standards

795

articulated in subsection (2) be considered in the development of

796

accountability standards for public schools pursuant to ss.

797

1000.03, 1001.42(18) 1001.42(16), and 1008.345 and for community

798

colleges pursuant to s. 1008.45.

799

     (3)  Each career center operated by a district school board

800

shall establish a center advisory council pursuant to s.

801

1001.452. The center advisory council shall assist in the

802

preparation and evaluation of center improvement plans required

803

pursuant to s. 1001.42(18) s. 1001.42(16) and may provide

804

assistance, upon the request of the center director, in the

805

preparation of the center's annual budget and plan as required by

806

s. 1008.385(1).

807

     Section 24. Section 1006.061, Florida Statutes, is amended

808

to read:

809

     1006.061  Child abuse, abandonment, and neglect

810

policy.--Each district school board, charter school, private

811

school participating in a state school choice scholarship

812

program, and private provider participating in the Voluntary

813

Prekindergarten Education Program shall:

814

     (1)  Post in a prominent place in each school a notice that,

815

pursuant to chapter 39, all employees and agents of the district

816

school board, charter school, private school, or private provider

817

have an affirmative duty to report all actual or suspected cases

818

of child abuse, abandonment, or neglect; have immunity from

819

liability if they report such cases in good faith; and have a

820

duty to comply with child protective investigations and all other

821

provisions of law relating to child abuse, abandonment, and

822

neglect. The notice shall also include the statewide toll-free

823

telephone number of the central abuse hotline.

824

     (2) Post in a prominent place at each school site and on

825

each school website, the policies and procedures for reporting

826

suspected or actual misconduct by instructional personnel or

827

school administrators, as defined in s. 1012.01, which affects

828

the health, safety, or welfare of a student, the contact person

829

to whom the report should be made, and the penalties imposed on

830

employees or agents for failing to report suspected or actual

831

child abuse or misconduct by instructional personnel or school

832

administrators which affects the health, safety, or welfare of a

833

student.

834

     (3)(2) Require the person in charge of the school district,

835

charter school, private school, or private provider district

836

school superintendent, or the superintendent's designee, at the

837

request of the Department of Children and Family Services, to act

838

as a liaison to the Department of Children and Family Services

839

and the child protection team, as defined in s. 39.01, when in a

840

case of suspected child abuse, abandonment, or neglect or an

841

unlawful sexual offense involving a child the case is referred to

842

such a team; except that this does not relieve or restrict the

843

Department of Children and Family Services from discharging its

844

duty and responsibility under the law to investigate and report

845

every suspected or actual case of child abuse, abandonment, or

846

neglect or unlawful sexual offense involving a child.

847

     Section 25.  Paragraph (c) of subsection (2) of section

848

1007.21, Florida Statutes, is amended to read:

849

     1007.21  Readiness for postsecondary education and the

850

workplace.--

851

     (2)

852

     (c) The common placement test authorized in ss. 1001.03(11)

853

1001.03(10) and 1008.30 or a similar test may be administered to

854

all high school second semester sophomores who have chosen one of

855

the four destinations. The results of the placement test shall be

856

used to target additional instructional needs in reading,

857

writing, and mathematics prior to graduation.

858

     Section 26.  Subsection (5) of section 1007.23, Florida

859

Statutes, is amended to read:

860

     1007.23  Statewide articulation agreement.--

861

     (5)  The articulation agreement must guarantee the

862

articulation of 9 credit hours toward a postsecondary degree in

863

early childhood education for programs approved by the State

864

Board of Education and the Board of Governors which:

865

     (a)  Award a child development associate credential issued

866

by the National Credentialing Program of the Council for

867

Professional Recognition or award a credential approved under s.

868

1002.55(4)(c)1.b. s. 1002.55(3)(c)1.b. or s. 402.305(3)(c) as

869

being equivalent to the child development associate credential;

870

and

871

     (b)  Include training in emergent literacy which meets or

872

exceeds the minimum standards for training courses for

873

prekindergarten instructors of the Voluntary Prekindergarten

874

Education Program in s. 1002.59.

875

     Section 27.  Subsection (4) of section 1008.33, Florida

876

Statutes, is amended to read:

877

     1008.33  Authority to enforce public school improvement.--It

878

is the intent of the Legislature that all public schools be held

879

accountable for students performing at acceptable levels. A

880

system of school improvement and accountability that assesses

881

student performance by school, identifies schools in which

882

students are not making adequate progress toward state standards,

883

institutes appropriate measures for enforcing improvement, and

884

provides rewards and sanctions based on performance shall be the

885

responsibility of the State Board of Education.

886

     (4)  The State Board of Education may require the Department

887

of Education or Chief Financial Officer to withhold any transfer

888

of state funds to the school district if, within the timeframe

889

specified in state board action, the school district has failed

890

to comply with the action ordered to improve the district's low-

891

performing schools. Withholding the transfer of funds shall occur

892

only after all other recommended actions for school improvement

893

have failed to improve performance. The State Board of Education

894

may impose the same penalty on any district school board that

895

fails to develop and implement a plan for assistance and

896

intervention for low-performing schools as specified in s.

897

1001.42(18)(c) s. 1001.42(16)(c).

898

     Section 28.  Paragraph (c) of subsection (6) of section

899

1008.345, Florida Statutes, is amended to read:

900

     1008.345  Implementation of state system of school

901

improvement and education accountability.--

902

     (6)

903

     (c)  Pursuant to s. 24.121(5)(d), the department shall not

904

release funds from the Educational Enhancement Trust Fund to any

905

district in which a school, including schools operating for the

906

purpose of providing educational services to youth in Department

907

of Juvenile Justice programs, does not have an approved school

908

improvement plan, pursuant to s. 1001.42(18) s. 1001.42(16),

909

after 1 full school year of planning and development, or does not

910

comply with school advisory council membership composition

911

requirements pursuant to s. 1001.452. The department shall send a

912

technical assistance team to each school without an approved plan

913

to develop such school improvement plan or to each school without

914

appropriate school advisory council membership composition to

915

develop a strategy for corrective action. The department shall

916

release the funds upon approval of the plan or upon establishment

917

of a plan of corrective action. Notice shall be given to the

918

public of the department's intervention and shall identify each

919

school without a plan or without appropriate school advisory

920

council membership composition.

921

     Section 29.  Subsection (5) of section 1010.215, Florida

922

Statutes, is amended to read:

923

     1010.215  Educational funding accountability.--

924

     (5)  The annual school public accountability report required

925

by ss. 1001.42(18) 1001.42(16) and 1008.345 must include a school

926

financial report. The purpose of the school financial report is

927

to better inform parents and the public concerning how funds were

928

spent to operate the school during the prior fiscal year. Each

929

school's financial report must follow a uniform, districtwide

930

format that is easy to read and understand.

931

     (a)  Total revenue must be reported at the school, district,

932

and state levels. The revenue sources that must be addressed are

933

state and local funds, other than lottery funds; lottery funds;

934

federal funds; and private donations.

935

     (b)  Expenditures must be reported as the total expenditures

936

per unweighted full-time equivalent student at the school level

937

and the average expenditures per full-time equivalent student at

938

the district and state levels in each of the following categories

939

and subcategories:

940

     1.  Teachers, excluding substitute teachers, and education

941

paraprofessionals who provide direct classroom instruction to

942

students enrolled in programs classified by s. 1011.62 as:

943

     a.  Basic programs;

944

     b.  Students-at-risk programs;

945

     c.  Special programs for exceptional students;

946

     d.  Career education programs; and

947

     e.  Adult programs.

948

     2.  Substitute teachers.

949

     3.  Other instructional personnel, including school-based

950

instructional specialists and their assistants.

951

     4.  Contracted instructional services, including training

952

for instructional staff and other contracted instructional

953

services.

954

     5.  School administration, including school-based

955

administrative personnel and school-based education support

956

personnel.

957

     6.  The following materials, supplies, and operating capital

958

outlay:

959

     a.  Textbooks;

960

     b.  Computer hardware and software;

961

     c.  Other instructional materials;

962

     d.  Other materials and supplies; and

963

     e.  Library media materials.

964

     7.  Food services.

965

     8.  Other support services.

966

     9.  Operation and maintenance of the school plant.

967

     (c)  The school financial report must also identify the

968

types of district-level expenditures that support the school's

969

operations. The total amount of these district-level expenditures

970

must be reported and expressed as total expenditures per full-

971

time equivalent student.

972

     Section 30.  Paragraph (b) of subsection (6) of section

973

1011.18, Florida Statutes, is amended to read:

974

     1011.18  School depositories; payments into and withdrawals

975

from depositories.--

976

     (6)  EXEMPTION FOR SELF-INSURANCE PROGRAMS AND THIRD-PARTY

977

ADMINISTERED EMPLOYEES' FRINGE BENEFIT PROGRAMS.--

978

     (b)  The district school board may contract with an

979

insurance company or professional administrator who holds a valid

980

certificate of authority issued by the Office of Insurance

981

Regulation of the Financial Services Commission to provide any or

982

all services that a third-party administrator is authorized by

983

law to perform. Pursuant to such contract, the district school

984

board may advance or remit money to the administrator to be

985

deposited in a designated special checking account for paying

986

claims against the district school board under its self-insurance

987

programs, and remitting premiums to the providers of insured

988

benefits on behalf of the district school board and the

989

participants in such programs, and otherwise fulfilling the

990

obligations imposed upon the administrator by law and the

991

contractual agreements between the district school board and the

992

administrator. The special checking account shall be maintained

993

in a designated district school depository. The district school

994

board may replenish such account as often as necessary upon the

995

presentation by the service organization of documentation for

996

claims or premiums due paid equal to the amount of the requested

997

reimbursement. Such replenishment shall be made by a warrant

998

signed by the chair of the district school board and

999

countersigned by the district school superintendent. Such

1000

replenishment may be made by electronic, telephonic, or other

1001

medium, and each transfer shall be confirmed in writing and

1002

signed by the district school superintendent or his or her

1003

designee. The provisions of strict accountability of all funds

1004

and an annual audit by an independent certified public accountant

1005

as provided in s. 1001.42(12)(k) s. 1001.42(10)(k) shall apply to

1006

this subsection.

1007

     Section 31.  Present subsection (6) of section 1012.27,

1008

Florida Statutes, is redesignated as subsection (7), and a new

1009

subsection (6) is added to that section, to read:

1010

     1012.27  Public school personnel; powers and duties of

1011

district school superintendent.--The district school

1012

superintendent is responsible for directing the work of the

1013

personnel, subject to the requirements of this chapter, and in

1014

addition the district school superintendent shall perform the

1015

following:

1016

     (6) Before appointing a candidate to an instructional or

1017

school administrator position that involves direct contact with

1018

students, contact the candidate's previous employer to assess the

1019

candidate's ability to meet state and local ethical standards for

1020

professional educators, screen the candidate using the screening

1021

tools as described in s. 1001.10(5), and document the findings.

1022

     Section 32. Section 1012.315, Florida Statutes, is created

1023

to read:

1024

     1012.315 Disqualification from employment.--

1025

     (1) Any instructional personnel or school administrators,

1026

as defined in s. 1012.01, are ineligible for employment in any

1027

position that involves direct contact with students if convicted

1028

of the following disqualifying offenses:

1029

     (a) Any offense listed in s. 435.04;

1030

     (b) Section 787.025, relating to luring or enticing a

1031

child;

1032

     (c) Section 794.05, relating to unlawful sexual activity

1033

with certain minors;

1034

     (d) Section 810.14, relating to voyeurism;

1035

     (e) Section 810.145, relating to video voyeurism;

1036

     (f) Conviction of a crime involving moral turpitude; or

1037

     (g) Any delinquent act that qualified or would have

1038

qualified an individual for inclusion on the Registered Juvenile

1039

Sex Offender List pursuant to s. 943.0435(1)(a)1.d.

1040

     (2) A criminal act committed in another state or under

1041

federal law, the elements of which constitute a criminal act as

1042

described in subsection (1) shall, for purposes of

1043

disqualification, be considered as if the act was committed in

1044

this state.

1045

     Section 33.  Subsection (1) of section 1012.32, Florida

1046

Statutes, is amended to read:

1047

     1012.32  Qualifications of personnel.--

1048

     (1)(a) To be eligible for appointment in any position in

1049

any district school system, a person shall be of good moral

1050

character; shall have attained the age of 18 years, if he or she

1051

is to be employed in an instructional capacity; and shall, when

1052

required by law, hold a certificate or license issued under rules

1053

of the State Board of Education or the Department of Children and

1054

Family Services, except when employed pursuant to s. 1012.55 or

1055

under the emergency provisions of s. 1012.24. Previous residence

1056

in this state shall not be required in any school of the state as

1057

a prerequisite for any person holding a valid Florida certificate

1058

or license to serve in an instructional capacity.

1059

     (b) Any instructional personnel or school administrators,

1060

as defined in s. 1012.01, are disqualified from employment in any

1061

position having direct contact with students if convicted of a

1062

disqualifying offense as described in s. 1012.315.

1063

     Section 34.  Paragraph (a) of subsection (1), paragraph (c)

1064

of subsection (4), and paragraph (b) of subsection (6) of section

1065

1012.33, Florida Statutes, are amended to read:

1066

     1012.33  Contracts with instructional staff, supervisors,

1067

and school principals.--

1068

     (1)(a)  Each person employed as a member of the

1069

instructional staff in any district school system shall be

1070

properly certified pursuant to s. 1012.56 or s. 1012.57 or

1071

employed pursuant to s. 1012.39 and shall be entitled to and

1072

shall receive a written contract as specified in this section.

1073

All such contracts, except continuing contracts as specified in

1074

subsection (4), shall contain provisions for dismissal during the

1075

term of the contract only for just cause. Just cause includes,

1076

but is not limited to, the following instances, as defined by

1077

rule of the State Board of Education: immorality, misconduct in

1078

office, incompetency, gross insubordination, willful neglect of

1079

duty, the commission of a criminal act, regardless of

1080

adjudication, or crimes or conviction of a crime involving moral

1081

turpitude.

1082

     (4)

1083

     (c)  Any member of the district administrative or

1084

supervisory staff and any member of the instructional staff,

1085

including any school principal, who is under continuing contract

1086

may be suspended or dismissed at any time during the school year;

1087

however, the charges against him or her must be based on

1088

immorality, misconduct in office, incompetency, gross

1089

insubordination, willful neglect of duty, drunkenness, crimes or

1090

conviction of a crime involving moral turpitude, as these terms

1091

are defined by rule of the State Board of Education, or the

1092

commission of a criminal act, regardless of adjudication.

1093

Whenever such charges are made against an any such employee of

1094

the district school board, the district school board may suspend

1095

such person without pay; but, if the charges are not sustained,

1096

he or she shall be immediately reinstated, and his or her back

1097

salary shall be paid. In cases of suspension by the district

1098

school board or by the district school superintendent, the

1099

district school board shall determine upon the evidence submitted

1100

whether the charges have been sustained and, if the charges are

1101

sustained, shall determine either to dismiss the employee or fix

1102

the terms under which he or she may be reinstated. If such

1103

charges are sustained by a majority vote of the full membership

1104

of the district school board and the such employee is discharged,

1105

his or her contract of employment shall be thereby canceled. Any

1106

such decision adverse to the employee may be appealed by the

1107

employee pursuant to s. 120.68, provided the such appeal is filed

1108

within 30 days after the decision of the district school board.

1109

     (6)

1110

     (b)  Any member of the district administrative or

1111

supervisory staff, including any principal but excluding an

1112

employee specified in subsection (4), may be suspended or

1113

dismissed at any time during the term of the contract; however,

1114

the charges against him or her must be based on immorality,

1115

misconduct in office, incompetency, gross insubordination,

1116

willful neglect of duty, drunkenness, or crimes conviction of any

1117

crime involving moral turpitude, as these terms are defined by

1118

rule of the State Board of Education. Whenever such charges are

1119

made against an any such employee of the district school board,

1120

the district school board may suspend the employee without pay;

1121

but, if the charges are not sustained, he or she shall be

1122

immediately reinstated, and his or her back salary shall be paid.

1123

In cases of suspension by the district school board or by the

1124

district school superintendent, the district school board shall

1125

determine upon the evidence submitted whether the charges have

1126

been sustained and, if the charges are sustained, shall determine

1127

either to dismiss the employee or fix the terms under which he or

1128

she may be reinstated. If such charges are sustained by a

1129

majority vote of the full membership of the district school board

1130

and the such employee is discharged, his or her contract of

1131

employment shall be thereby canceled. Any such decision adverse

1132

to the employee may be appealed by him or her pursuant to s.

1133

120.68, provided such appeal is filed within 30 days after the

1134

decision of the district school board.

1135

     Section 35.  Subsection (4) of section 1012.34, Florida

1136

Statutes, is amended to read:

1137

     1012.34  Assessment procedures and criteria.--

1138

     (4)  The district school superintendent shall notify the

1139

department of any instructional personnel who receive two

1140

consecutive unsatisfactory evaluations and who have been given

1141

written notice by the district that their employment is being

1142

terminated or is not being renewed or that the district school

1143

board intends to terminate, or not renew, their employment. The

1144

department shall conduct an investigation to determine whether

1145

action shall be taken against the certificateholder pursuant to

1146

s. 1012.795(1)(c) s. 1012.795(1)(b).

1147

     Section 36.  Subsections (9) and (14) of section 1012.56,

1148

Florida Statutes, are amended to read:

1149

     1012.56  Educator certification requirements.--

1150

     (9)  BACKGROUND SCREENING REQUIRED, INITIALLY AND

1151

PERIODICALLY.--

1152

     (a)  Each person who seeks certification under this chapter

1153

must undergo state and national criminal history records checks

1154

pursuant to s. 435.04 and may not have been convicted of any

1155

disqualifying offense under s. 1012.315. An individual is exempt

1156

from undergoing an additional state and national criminal history

1157

records checks if the checks have meet level 2 screening

1158

requirements as described in s. 1012.32 unless a level 2

1159

screening has been conducted by a district school board or the

1160

Department of Education within 12 months before the date the

1161

person initially obtains certification under this chapter, the

1162

results of which are submitted to the district school board or to

1163

the Department of Education.

1164

     (b)  A person may not receive a certificate under this

1165

chapter until the person undergoes state and national criminal

1166

history records checks pursuant to s. 435.04 verifying that the

1167

person has not been convicted of a disqualifying offense as

1168

described in s. 1012.315, level 2 screening has been completed

1169

and the results have been submitted to the Department of

1170

Education or to the district school superintendent of the school

1171

district that employs the person. Every 5 years after obtaining

1172

initial certification, each person who is required to be

1173

certified under this chapter must meet the level 2 screening

1174

requirements as described in paragraph (a) s. 1012.32, at which

1175

time the school district shall request the Department of Law

1176

Enforcement to forward the fingerprints to the Federal Bureau of

1177

Investigation for national processing the level 2 screening. If,

1178

for any reason after obtaining initial certification, the

1179

fingerprints of a person who is required to be certified under

1180

this chapter are not retained by the Department of Law

1181

Enforcement under s. 1012.32(3)(a) and (b), the person must file

1182

a complete set of fingerprints with the district school

1183

superintendent of the employing school district. Upon submission

1184

of fingerprints for this purpose, the school district shall

1185

request the Department of Law Enforcement to forward the

1186

fingerprints to the Federal Bureau of Investigation for national

1187

processing the level 2 screening, and the fingerprints shall be

1188

retained by the Department of Law Enforcement under s.

1189

1012.32(3)(a) and (b). The cost of the state and federal criminal

1190

history check required by paragraph (a) and this paragraph level

1191

2 screening may be borne by the district school board or the

1192

employee. Under penalty of perjury, each person who is certified

1193

under this chapter must agree to inform his or her employer

1194

within 48 hours if convicted of any disqualifying offense while

1195

he or she is employed in a position for which such certification

1196

is required.

1197

     (c)  If it is found under s. 1012.796 that a person who is

1198

employed in a position requiring certification under this chapter

1199

is ineligible for employment under s. 1012.315 does not meet the

1200

level 2 screening requirements, the person's certification shall

1201

be immediately revoked or suspended and he or she shall be

1202

immediately suspended from the position requiring certification.

1203

     (14)  PERSONNEL RECORDS.--The Department of Education shall

1204

maintain an electronic database that includes, but need not be

1205

limited to, a complete statement of the academic preparation,

1206

professional training, and teaching experience of each person to

1207

whom a certificate is issued. The applicant or the district

1208

school superintendent shall furnish the information using a

1209

format or forms provided by the department.

1210

     Section 37.  Subsection (1) and paragraph (a) of subsection

1211

(8) of section 1012.79, Florida Statutes, are amended to read:

1212

     1012.79  Education Practices Commission; organization.--

1213

     (1) The Education Practices Commission consists of 25 17

1214

members, including 8 7 teachers;, 5 administrators, at least one

1215

of whom shall represent a private school; 7 and 5 lay citizens,

1216

(of whom 5 shall be parents of public school students and who are

1217

unrelated to public school employees and 2 shall be current or

1218

former district school board members;), and 5 sworn law

1219

enforcement officials, appointed by the State Board of Education

1220

from nominations by the Commissioner of Education and subject to

1221

Senate confirmation. Before Prior to making nominations, the

1222

commissioner shall consult with the teaching associations, parent

1223

organizations, law enforcement agencies, and other involved

1224

associations in the state. In making nominations, the

1225

commissioner shall attempt to achieve equal geographical

1226

representation, as closely as possible.

1227

     (a)  A teacher member, in order to be qualified for

1228

appointment:

1229

     1.  Must be certified to teach in the state.

1230

     2.  Must be a resident of the state.

1231

     3.  Must have practiced the profession in this state for at

1232

least 5 years immediately preceding the appointment.

1233

     (b)  A school administrator member, in order to be qualified

1234

for appointment:

1235

     1.  Must have an endorsement on the educator certificate in

1236

the area of school administration or supervision.

1237

     2.  Must be a resident of the state.

1238

     3.  Must have practiced the profession as an administrator

1239

for at least 5 years immediately preceding the appointment.

1240

     (c)  The lay members must be residents of the state.

1241

     (d) The members who are law enforcement officials must have

1242

served in the profession for at least 5 years immediately

1243

preceding appointment and have background expertise in child

1244

safety.

1245

     (8)(a)  The commission shall, from time to time, designate

1246

members of the commission to serve on panels for the purpose of

1247

reviewing and issuing final orders upon cases presented to the

1248

commission. A case concerning a complaint against a teacher shall

1249

be reviewed and a final order thereon shall be entered by a panel

1250

composed of five commission members, at least one of whom must be

1251

a parent, one of whom must be a sworn law enforcement officer,

1252

and three of whom must shall be teachers. A case concerning a

1253

complaint against an administrator shall be reviewed and a final

1254

order thereon shall be entered by a panel composed of five

1255

commission members, at least one of whom must be a parent, one of

1256

whom must be a sworn law enforcement officer, and three of whom

1257

shall be administrators.

1258

     Section 38.  Subsection (1) of section 1012.795, Florida

1259

Statutes, is amended to read:

1260

     1012.795  Education Practices Commission; authority to

1261

discipline.--

1262

     (1)  The Education Practices Commission may suspend the

1263

educator certificate of any person as defined in s. 1012.01(2) or

1264

(3) for a period of time not to exceed 5 years, thereby denying

1265

that person the right to teach or otherwise be employed by a

1266

district school board or public school in any capacity requiring

1267

direct contact with students for that period of time, after which

1268

the holder may return to teaching as provided in subsection (4);

1269

may revoke the educator certificate of any person, thereby

1270

denying that person the right to teach or otherwise be employed

1271

by a district school board or public school in any capacity

1272

requiring direct contact with students for a period of time not

1273

to exceed 10 years, with reinstatement subject to the provisions

1274

of subsection (4); may revoke permanently the educator

1275

certificate of any person thereby denying that person the right

1276

to teach or otherwise be employed by a district school board or

1277

public school in any capacity requiring direct contact with

1278

students; may suspend the educator certificate, upon order of the

1279

court, of any person found to have a delinquent child support

1280

obligation; or may impose any other penalty provided by law, if

1281

provided it can be shown that the person:

1282

     (a)  Obtained or attempted to obtain an educator certificate

1283

by fraudulent means.

1284

     (b) Knowingly failed to report any suspected or actual

1285

child abuse pursuant to s. 1006.061 or misconduct by

1286

instructional personnel or school administrators under s.

1287

1012.795, which affects the health, safety, or welfare of a

1288

student.

1289

     (c)(b) Has proved to be incompetent to teach or to perform

1290

duties as an employee of the public school system or to teach in

1291

or to operate a private school.

1292

     (d)(c) Has been guilty of gross immorality or an act

1293

involving moral turpitude as defined by rules of the State Board

1294

of Education.

1295

     (e)(d) Has had an educator certificate sanctioned by

1296

revocation, suspension, or surrender in another state.

1297

     (f)(e) Has been convicted of a misdemeanor, felony, or any

1298

other criminal charge, other than a minor traffic violation.

1299

     (g)(f) Upon investigation, has been found guilty of

1300

personal conduct which seriously reduces that person's

1301

effectiveness as an employee of the district school board.

1302

     (h)(g) Has breached a contract, as provided in s.

1303

1012.33(2).

1304

     (i)(h) Has been the subject of a court order directing the

1305

Education Practices Commission to suspend the certificate as a

1306

result of a delinquent child support obligation.

1307

     (j)(i) Has violated the Principles of Professional Conduct

1308

for the Education Profession prescribed by State Board of

1309

Education rules.

1310

     (k)(j) Has otherwise violated the provisions of law, the

1311

penalty for which is the revocation of the educator certificate.

1312

     (l)(k) Has violated any order of the Education Practices

1313

Commission.

1314

     (m)(l) Has been the subject of a court order or plea

1315

agreement in any jurisdiction which requires the

1316

certificateholder to surrender or otherwise relinquish his or her

1317

educator's certificate. A surrender or relinquishment shall be

1318

for permanent revocation of the certificate. A person may not

1319

surrender or otherwise relinquish his or her certificate prior to

1320

a finding of probable cause by the commissioner as provided in s.

1321

1012.796.

1322

     Section 39.  Subsections (1), (3), and (5) of section

1323

1012.796, Florida Statutes, are amended to read:

1324

     1012.796  Complaints against teachers and administrators;

1325

procedure; penalties.--

1326

     (1)(a)  The Department of Education shall cause to be

1327

investigated expeditiously any complaint filed before it or

1328

otherwise called to its attention which, if legally sufficient,

1329

contains grounds for the revocation or suspension of a

1330

certificate or any other appropriate penalty as set forth in

1331

subsection (7). The complaint is legally sufficient if it

1332

contains the ultimate facts which show a violation has occurred

1333

as provided in s. 1012.795 and defined by rule. The department

1334

shall may investigate or continue to investigate and take

1335

appropriate action on a complaint even though the original

1336

complainant withdraws the complaint or otherwise indicates a

1337

desire not to cause it to be investigated or prosecuted to

1338

completion. The department may investigate or continue to

1339

investigate and take action on a complaint filed against a person

1340

whose educator certificate has expired if the act or acts that

1341

which are the basis for the complaint were allegedly committed

1342

while that person possessed an educator certificate.

1343

     (b) The Department of Education shall investigate

1344

immediately any complaint filed before it or otherwise called to

1345

its attention which involves misconduct by any certificated

1346

personnel which affects the health, safety, or welfare of a

1347

student. The department must investigate or continue to

1348

investigate and take action on such a complaint filed against a

1349

person whose educator certificate has expired if the act or acts

1350

that are the basis for the complaint were allegedly committed

1351

while that person possessed an educator certificate.

1352

     (c)(b) When an investigation is undertaken, the department

1353

shall notify the certificateholder or applicant for certification

1354

and the district school superintendent or the university

1355

laboratory school, charter school, or private school in which the

1356

certificateholder or applicant for certification is employed or

1357

was employed at the time the alleged offense occurred. In

1358

addition, the department shall inform the certificateholder or

1359

applicant for certification of the substance of any complaint

1360

which has been filed against that certificateholder or applicant,

1361

unless the department determines that such notification would be

1362

detrimental to the investigation, in which case the department

1363

may withhold notification.

1364

     (d)(c) Each school district shall file in writing with the

1365

department all legally sufficient complaints within 30 days after

1366

the date on which subject matter of the complaint comes to the

1367

attention of the school district. A complaint is legally

1368

sufficient if it contains ultimate facts that show a violation

1369

has occurred as provided in s. 1012.795 and defined by rule. The

1370

school district shall include all information relating to the

1371

complaint which is known to the school district at the time of

1372

filing. Each district school board shall develop and adopt

1373

policies and procedures to comply with this reporting

1374

requirement. School board policies and procedures must include

1375

standards for screening, hiring, and terminating employees,

1376

ethical standards for all employees, responsibilities of

1377

educators to uphold the standards, detailed steps to be followed

1378

in reporting suspected or actual misconduct by instructional

1379

personnel or a school administrator which affects the health,

1380

safety, or welfare of a student, requirements for the

1381

reassignment of an employee pending the outcome of a misconduct

1382

investigation, and penalties for failing to comply pursuant to

1383

ss. 1001.51 and 1012.795. The district school board policies and

1384

procedures shall include appropriate penalties for all personnel

1385

of the district school board for nonreporting and procedures for

1386

promptly informing the district school superintendent of each

1387

legally sufficient complaint. The district school superintendent

1388

is charged with knowledge of these policies and procedures and is

1389

accountable for communicating the ethical standards, policies,

1390

and procedures, to be provided through professional development

1391

for all staff. If the district school superintendent has

1392

knowledge of a legally sufficient complaint and does not report

1393

the complaint, or fails to enforce the policies and procedures of

1394

the district school board, and fails to comply with the

1395

requirements of this subsection, in addition to other actions

1396

against certificateholders authorized by law, the district school

1397

superintendent is shall be subject to penalties as specified in

1398

s. 1001.51(12). If the superintendent determines that misconduct

1399

affecting the health, safety, or welfare of a student has

1400

occurred which warrants termination, the employee may resign or

1401

be terminated and a record, including information relating to the

1402

misconduct that resulted in the severance from employment, shall

1403

be reported to the Department of Education and maintained in the

1404

employee's public personnel file. This paragraph does not limit

1405

or restrict the power and duty of the department to investigate

1406

complaints as provided in paragraphs (a) and (c) (b), regardless

1407

of the school district's untimely filing, or failure to file,

1408

complaints and followup reports.

1409

     (e) If allegations arise against an employee who is

1410

certified under s. 1012.56, and employed in an educator-

1411

certificated position by any school or provider in the state,

1412

such school or provider, or governing body thereof, shall file in

1413

writing with the department a legally sufficient complaint within

1414

30 days after the date on which the subject matter of the

1415

complaint came to the attention of the school or provider. A

1416

complaint is legally sufficient if it contains ultimate facts

1417

that show a violation has occurred as provided in s. 1012.795.

1418

The school or provider shall include all known information

1419

relating to the complaint with the filing of the complaint. This

1420

paragraph does not limit or restrict the power and duty of the

1421

department to investigate complaints as provided in paragraphs

1422

(a) and (c) regardless of the school's or provider's untimely

1423

filing, or failure to file, complaints and followup reports.

1424

     (f)(d) Notwithstanding any other law, all law enforcement

1425

agencies, state attorneys, social service agencies, district

1426

school boards, and the Division of Administrative Hearings shall

1427

fully cooperate with and, upon request, shall provide unredacted

1428

documents to the Department of Education to further

1429

investigations and prosecutions conducted pursuant to this

1430

section. Any document received pursuant to this paragraph may not

1431

be redisclosed except as authorized by law.

1432

     (3)  The department staff shall advise the commissioner

1433

concerning the findings of the investigation. The department

1434

general counsel or members of that staff shall review the

1435

investigation and advise the commissioner concerning probable

1436

cause or lack thereof. The determination of probable cause shall

1437

be made by the commissioner. The commissioner shall provide an

1438

opportunity for a conference, if requested, prior to determining

1439

probable cause. The commissioner may enter into deferred

1440

prosecution agreements in lieu of finding probable cause if, when

1441

in his or her judgment, such agreements are would be in the best

1442

interests of the department, the certificateholder, and the

1443

public. Such deferred prosecution agreements shall become

1444

effective when filed with the clerk of the Education Practices

1445

Commission. However, a deferred prosecution agreement shall not

1446

be entered into if where there is probable cause to believe that

1447

a felony or an act of moral turpitude, as defined in rule, has

1448

occurred. Upon finding no probable cause, the commissioner shall

1449

dismiss the complaint.

1450

     (5) When an allegation of misconduct with a student by

1451

instructional personnel or a school administrator, as defined in

1452

s. 1012.01, occurs deemed necessary to protect the health,

1453

safety, and welfare of a minor student, the district school

1454

superintendent in consultation with the school principal, or may,

1455

and upon the request of the Commissioner of Education, must

1456

immediately shall, temporarily suspend the employee a

1457

certificateholder from the certificateholder's regularly assigned

1458

duties, with pay, and reassign the suspended instructor or

1459

administrator certificateholder to a position that does not

1460

require direct contact with students in the district school

1461

system. Such suspension shall continue until the completion of

1462

the proceedings and the determination of sanctions, if any,

1463

pursuant to this section and s. 1012.795.

1464

     Section 40.  Paragraph (b) of subsection (4) of section

1465

1012.98, Florida Statutes, is amended to read:

1466

     1012.98  School Community Professional Development Act.--

1467

     (4)  The Department of Education, school districts, schools,

1468

community colleges, and state universities share the

1469

responsibilities described in this section. These

1470

responsibilities include the following:

1471

     (b)  Each school district shall develop a professional

1472

development system as specified in subsection (3). The system

1473

shall be developed in consultation with teachers, teacher-

1474

educators of community colleges and state universities, business

1475

and community representatives, and local education foundations,

1476

consortia, and professional organizations. The professional

1477

development system must:

1478

     1.  Be approved by the department. All substantial revisions

1479

to the system shall be submitted to the department for review for

1480

continued approval.

1481

     2.  Be based on analyses of student achievement data and

1482

instructional strategies and methods that support rigorous,

1483

relevant, and challenging curricula for all students. Schools and

1484

districts, in developing and refining the professional

1485

development system, shall also review and monitor school

1486

discipline data; school environment surveys; assessments of

1487

parental satisfaction; performance appraisal data of teachers,

1488

managers, and administrative personnel; and other performance

1489

indicators to identify school and student needs that can be met

1490

by improved professional performance.

1491

     3.  Provide inservice activities coupled with followup

1492

support appropriate to accomplish district-level and school-level

1493

improvement goals and standards. The inservice activities for

1494

instructional personnel shall focus on analysis of student

1495

achievement data, ongoing formal and informal assessments of

1496

student achievement, identification and use of enhanced and

1497

differentiated instructional strategies that emphasize rigor,

1498

relevance, and reading in the content areas, enhancement of

1499

subject content expertise, integrated use of classroom technology

1500

that enhances teaching and learning, classroom management, parent

1501

involvement, and school safety.

1502

     4.  Include a master plan for inservice activities, pursuant

1503

to rules of the State Board of Education, for all district

1504

employees from all fund sources. The master plan shall be updated

1505

annually by September 1, must be based on input from teachers and

1506

district and school instructional leaders, and must use the

1507

latest available student achievement data and research to enhance

1508

rigor and relevance in the classroom. Each district inservice

1509

plan must be aligned to and support the school-based inservice

1510

plans and school improvement plans pursuant to s. 1001.42(18) s.

1511

1001.42(16). District plans must be approved by the district

1512

school board annually in order to ensure compliance with

1513

subsection (1) and to allow for dissemination of research-based

1514

best practices to other districts. District school boards must

1515

submit verification of their approval to the Commissioner of

1516

Education no later than October 1, annually.

1517

     5.  Require each school principal to establish and maintain

1518

an individual professional development plan for each

1519

instructional employee assigned to the school as a seamless

1520

component to the school improvement plans developed pursuant to

1521

s. 1001.42(18) s. 1001.42(16). The individual professional

1522

development plan must:

1523

     a.  Be related to specific performance data for the students

1524

to whom the teacher is assigned.

1525

     b.  Define the inservice objectives and specific measurable

1526

improvements expected in student performance as a result of the

1527

inservice activity.

1528

     c.  Include an evaluation component that determines the

1529

effectiveness of the professional development plan.

1530

     6.  Include inservice activities for school administrative

1531

personnel that address updated skills necessary for instructional

1532

leadership and effective school management pursuant to s.

1533

1012.986.

1534

     7.  Provide for systematic consultation with regional and

1535

state personnel designated to provide technical assistance and

1536

evaluation of local professional development programs.

1537

     8.  Provide for delivery of professional development by

1538

distance learning and other technology-based delivery systems to

1539

reach more educators at lower costs.

1540

     9.  Provide for the continuous evaluation of the quality and

1541

effectiveness of professional development programs in order to

1542

eliminate ineffective programs and strategies and to expand

1543

effective ones. Evaluations must consider the impact of such

1544

activities on the performance of participating educators and

1545

their students' achievement and behavior.

1546

     Section 41.  Subsection (4) of section 1013.03, Florida

1547

Statutes, is amended to read:

1548

     1013.03  Functions of the department and the Board of

1549

Governors.--The functions of the Department of Education as it

1550

pertains to educational facilities of school districts and

1551

community colleges and of the Board of Governors as it pertains

1552

to educational facilities of state universities shall include,

1553

but not be limited to, the following:

1554

     (4)  Require each board and other appropriate agencies to

1555

submit complete and accurate financial data as to the amounts of

1556

funds from all sources that are available and spent for

1557

construction and capital improvements. The commissioner shall

1558

prescribe the format and the date for the submission of this data

1559

and any other educational facilities data. If any district does

1560

not submit the required educational facilities fiscal data by the

1561

prescribed date, the Commissioner of Education shall notify the

1562

district school board of this fact and, if appropriate action is

1563

not taken to immediately submit the required report, the district

1564

school board shall be directed to proceed pursuant to s.

1565

1001.42(13)(b) the provisions of s. 1001.42(11)(b). If any

1566

community college or university does not submit the required

1567

educational facilities fiscal data by the prescribed date, the

1568

same policy prescribed in this subsection for school districts

1569

shall be implemented.

1570

     Section 42.  This act shall take effect July 1, 2008.

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