Florida Senate - 2008 CS for CS for CS for SB 1712

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

602-05461B-08 20081712c3

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A bill to be entitled

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An act relating to ethics; providing a short title;

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amending s. 24.121, F.S., relating to public school

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funding; conforming cross-references; amending s.

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112.3173, F.S.; specifying certain additional offenses

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that constitute a breach of the public trust; amending s.

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121.091, F.S.; prohibiting the Division of Retirement from

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paying benefits to a member who has committed certain

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felony offenses against a minor; amending s. 402.316,

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

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Services to adopt minimum standards for screening child

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care personnel and for notification of termination of such

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

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criminal offenses for screening child care personnel;

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

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Education to assist school districts, charter schools, the

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Florida School for the Deaf and the Blind, and certain

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private schools and providers in developing policies and

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procedures governing educator ethics and employment;

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requiring the department to provide authorized staff with

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access to or provide verification through certain

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

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relating to school administration; conforming a cross-

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

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district school board to adopt ethical standards for all

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employees; prohibiting confidentiality agreements

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regarding terminated or dismissed employees which have the

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effect of concealing certain conduct; providing that a

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district school board official who knowingly signs or

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transmits a false report, fails to support policies that

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ensure the investigation of reports, or fails to report

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allegations of misconduct by instructional or

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administrative personnel forfeits his or her salary for a

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

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district and school advisory councils; conforming cross-

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

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district school superintendent or district school board

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member forfeits his or her salary for a specified period

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following failure to report allegations of misconduct by

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instructional or administrative personnel; amending ss.

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

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principals and lab schools; conforming cross-references;

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

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adopt ethical standards for all employees; prohibiting

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confidentiality agreements regarding terminated or

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dismissed employees which have the effect of concealing

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certain conduct; requiring the school to contact the prior

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employer and assess a candidate's ability to meet ethical

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standards; requiring the charter school sponsor to suspend

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the school's charter for failing to comply with these

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requirements; amending s. 1002.36, F.S.; requiring the

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Florida School for the Deaf and the Blind to meet certain

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requirements governing the screening of educators;

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amending ss. 1002.421 and 1002.55, F.S.; requiring owners

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of certain private schools and private prekindergarten

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providers to adopt ethical standards for all employees;

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prohibiting confidentiality agreements regarding

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terminated or dismissed employees which have the effect of

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concealing certain conduct; requiring such owners and

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providers to contact the previous employer of each

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instructional or administrative candidate for employment;

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amending ss. 1002.61, 1002.63, 1002.65, 1003.413, 1003.53,

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and 1004.92, F.S.; conforming cross-references; amending

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s. 1006.061, F.S.; requiring the school board, charter

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school, private school participating in a state school

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choice scholarship program, and private provider

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participating in the Voluntary Prekindergarten Education

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Program to post its policies relating to misconduct by

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personnel; requiring the head of such entities to act as a

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liaison in suspected cases of child abuse; amending ss.

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1007.21, 1007.23, 1008.33, 1008.345, 1010.215, and

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1011.18, F.S.; conforming cross-references; amending s.

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1012.27, F.S.; requiring the district school

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superintendent to contact the previous employer of each

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instructional or administrative candidate for employment,

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screen the candidate, and document findings; creating s.

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1012.315, F.S.; specifying offenses that disqualify

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instructional and administrative personnel from employment

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in positions involving direct contact with students;

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

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and administrative personnel who have been convicted of

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certain offenses are disqualified from employment in

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positions having direct contact with students; amending s.

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1012.33, F.S.; providing that just cause for terminating

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instructional staff includes immorality or the commission

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of a criminal act; amending s. 1012.34, F.S., relating to

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assessment procedures; conforming a cross-reference;

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amending s. 1012.56, F.S., relating to certification

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requirements for educators; revising the requirements for

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conducting state and national criminal history records

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checks of persons seeking certification; providing for the

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Department of Education to maintain personnel records on

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an electronic database; amending s. 1012.79, F.S.;

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providing for additional members to be appointed to the

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Education Practices Commission; revising the composition

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of the panel appointed to review complaints against

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teachers; amending s. 1012.795, F.S.; providing for

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suspending the educator certificate of a person who

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knowingly fails to report child abuse or suspected or

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actual misconduct by instructional personnel; amending s.

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1012.796, F.S.; requiring the Department of Education to

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investigate each complaint involving misconduct by

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certificated personnel; clarifying what constitutes a

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legally sufficient complaint; providing requirements for

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school board policies and procedures relating to ethical

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standards; providing that the district school

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superintendent is accountable for communicating standards,

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policies, and procedures to district employees; requiring

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that an employee be immediately suspended and reassigned

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upon an allegation of misconduct affecting the health,

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safety, or welfare of a student; requiring employers of

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certified personnel to file complaints in writing to the

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Department of Education; amending ss. 1012.98 and 1013.03,

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F.S., relating to the School Community Professional

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Development Act and functions of the department and Board

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of Governors; conforming cross-references; providing an

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appropriation and authorizing additional positions;

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providing an effective date.

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

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

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Education Act."

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

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section 24.121, Florida Statutes, are amended to read:

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     24.121  Allocation of revenues and expenditure of funds for

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public education.--

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     (5)

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

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by the Legislature, shall be distributed to each school district

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

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for enhancing school performance through development and

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implementation of a school improvement plan pursuant to s.

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

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determined annually in the General Appropriations Act, must be

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allocated to each school in an equal amount for each student

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enrolled. These moneys may be expended only on programs or

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projects selected by the school advisory council or by a parent

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advisory committee created pursuant to this paragraph. If a

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school does not have a school advisory council, the district

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advisory council must appoint a parent advisory committee

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composed of parents of students enrolled in that school, which

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committee is representative of the ethnic, racial, and economic

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

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

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staff nor principals may override the recommendations of the

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school advisory council or the parent advisory committee. These

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

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

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

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advisory committee may independently determine that a program or

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project formerly funded under this paragraph should receive funds

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in a subsequent year.

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

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Educational Enhancement Trust Fund to any school district in

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which one or more schools do not have an approved school

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

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not comply with school advisory council membership composition

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

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Education shall withhold disbursements from the trust fund to any

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school district that fails to adopt the performance-based salary

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schedule required by s. 1012.22(1).

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

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112.3173, Florida Statutes, is amended to read:

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     112.3173  Felonies involving breach of public trust and

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other specified offenses by public officers and employees;

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forfeiture of retirement benefits.--

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

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context otherwise requires, the term:

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     (e)  "Specified offense" means:

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

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of public funds;

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

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public officer or employee from his or her employer;

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     3.  Bribery in connection with the employment of a public

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officer or employee;

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

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and 838.16;

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     5. The committing of an impeachable offense; or

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

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

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the public agency for which the public officer or employee acts

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

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

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

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

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

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

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office or employment position; or.

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

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

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

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

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

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

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employment position.

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

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of section 121.091, Florida Statutes, are redesignated as

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

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added to that subsecection, to read:

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     121.091  Benefits payable under the system.--Benefits may

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not be paid under this section unless the member has terminated

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

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participation in the Deferred Retirement Option Program as

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

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filed in the manner prescribed by the department. The department

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may cancel an application for retirement benefits when the member

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or beneficiary fails to timely provide the information and

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

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The department shall adopt rules establishing procedures for

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application for retirement benefits and for the cancellation of

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such application when the required information or documents are

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not received.

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

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terminated prior to retirement retains membership rights to

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previously earned member-noncontributory service credit, and to

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member-contributory service credit, if the member leaves the

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member contributions on deposit in his or her retirement account.

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If a terminated member receives a refund of member contributions,

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such member may reinstate membership rights to the previously

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earned service credit represented by the refund by completing 1

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year of creditable service and repaying the refunded member

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contributions, plus interest.

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

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

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

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

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

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

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

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position of his or her public office or employment position.

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

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Florida Statutes, to read:

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     402.316  Exemptions.--

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     (4) In order to implement the provisions of s. 1002.55(2),

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the department shall, by rule, establish minimum standards for

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screening and notification of employee termination for all child

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care personnel.

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

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section 435.04, Florida Statutes, to read:

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     435.04  Level 2 screening standards.--

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     (4)  Standards must also ensure that the person:

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

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

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

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contendere, regardless of adjudication, to offenses prohibited

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under any of the following statutes or under similar statutes of

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another jurisdiction:

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

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     2. Section 794.05, relating to unlawful sexual activity

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with certain minors.

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     3. Section 810.14, relating to voyeurism.

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     4. Section 810.145, relating to video voyeurism.

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     5. Any delinquent act that qualified or would have

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qualified an individual for inclusion on the Registered Juvenile

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

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

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

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

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     1001.10  Commissioner of Education; general powers and

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duties.--

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     (4) The Department of Education shall provide technical

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assistance to local school districts, charter schools, the

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

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that accept scholarship students under chapter 1002 or s.

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

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related to educator ethics and employment practices.

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     (5) The Department of Education shall provide authorized

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staff of local school districts, charter schools, the Florida

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

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scholarship students under chapter 1002 or s. 220.187, and

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private providers pursuant to s. 1002.55 with access to

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electronic verification of information from the following

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employment-screening tools:

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     (a) The Professional Practices' Database of Disciplinary

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Actions Against Educators; and

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     (b) The Department of Education's Teacher Certification

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Database.

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

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Statutes, is amended to read:

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     1001.32  Management, control, operation, administration, and

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

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controlled, operated, administered, and supervised as follows:

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

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the administration of any school or schools at a given school

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center, for the supervision of instruction therein, and for

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providing leadership in the development or revision and

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implementation of a school improvement plan required by s.

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

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school principal or head of the school or schools in accordance

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with rules established by the district school board.

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

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

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

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added to that section, to read:

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

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

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powers and perform all duties listed below:

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

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policies and procedures setting forth ethical standards for all

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employees. The policies and procedures must include

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responsibilities and procedures for reporting suspected or actual

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misconduct by instructional personnel and school administrators,

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

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welfare of a student and an explanation of liability protections

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

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

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

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a confidentiality agreement regarding a terminated or dismissed

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employee or an employee who resigns in lieu of termination based

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

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

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with a favorable recommendation for employment in another

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educational setting. Any portion of an agreement or contract that

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has the purpose or effect of concealing the conduct of an

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educator regarding actions over which the Education Practices

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Commission has disciplinary jurisdiction is void, is contrary to

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public policy, and may not be enforced.

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     (7) EMPLOYMENT DISQUALIFICATIONS.--Disqualify from

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employment instructional personnel and school administrators, as

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

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

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school board official who knowingly signs and transmits to any

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

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fails to support the adoption of policies that ensure the

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investigation of all reports of suspected or actual misconduct by

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instructional personnel and school administrators, which affects

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

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allegations of misconduct by such personnel which affects the

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

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forfeits his or her salary for 1 year.

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

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

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to read:

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     1001.452  District and school advisory councils.--

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     (1)  ESTABLISHMENT.--

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     (a)  The district school board shall establish an advisory

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council for each school in the district and shall develop

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procedures for the election and appointment of advisory council

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members. Each school advisory council shall include in its name

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

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shall be the sole body responsible for final decisionmaking at

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

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

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members of each school advisory council must be persons who are

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not employed by the school. Each advisory council shall be

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composed of the principal and an appropriately balanced number of

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teachers, education support employees, students, parents, and

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other business and community citizens who are representative of

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

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Career center and high school advisory councils shall include

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students, and middle and junior high school advisory councils may

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include students. School advisory councils of career centers and

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adult education centers are not required to include parents as

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members. Council members representing teachers, education support

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employees, students, and parents shall be elected by their

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respective peer groups at the school in a fair and equitable

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manner as follows:

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     1.  Teachers shall be elected by teachers.

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     2.  Education support employees shall be elected by

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education support employees.

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     3.  Students shall be elected by students.

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     4.  Parents shall be elected by parents.

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The district school board shall establish procedures to be used

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for use by schools in selecting business and community members

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that include means of ensuring wide notice of vacancies and of

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taking input on possible members from local business, chambers of

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commerce, community and civic organizations and groups, and the

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public at large. The district school board shall review the

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membership composition of each advisory council. If the district

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school board determines that the membership elected by the school

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is not representative of the ethnic, racial, and economic

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community served by the school, the district school board shall

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appoint additional members to achieve proper representation. The

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commissioner shall determine if schools have maximized their

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efforts to include on their advisory councils minority persons

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and persons of lower socioeconomic status. Although schools are

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strongly encouraged to establish school advisory councils, the

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district school board of any school district that has a student

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

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council which includes shall include at least one duly elected

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

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school advisory councils and district advisory councils, the term

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"teacher" includes shall include classroom teachers, certified

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student services personnel, and media specialists. For purposes

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

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employed by a school who is not defined as instructional or

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administrative personnel pursuant to s. 1012.01 and whose duties

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require 20 or more hours in each normal working week.

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     (c)  For those schools operating for the purpose of

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providing educational services to youth in Department of Juvenile

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Justice programs, district school boards may establish a district

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advisory council with appropriate representatives for the purpose

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of developing and monitoring a district school improvement plan

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

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

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

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functions as are prescribed by regulations of the district school

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

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

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school advisory council shall assist in the preparation and

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evaluation of the school improvement plan required pursuant to s.

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

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Department of Education, each school advisory council shall

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

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

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annual General Appropriations Act for use by school advisory

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councils must be used for implementing the school improvement

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plan.

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

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Statutes, is amended to read:

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     1001.51  Duties and responsibilities of district school

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superintendent.--The district school superintendent shall

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exercise all powers and perform all duties listed below and

416

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

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advise and counsel with the district school board. The district

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school superintendent shall perform all tasks necessary to make

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sound recommendations, nominations, proposals, and reports

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

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All such recommendations, nominations, proposals, and reports by

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the district school superintendent shall be either recorded in

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

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

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

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this section, the recommendations, nominations, and proposals

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required of the district school superintendent were not contrary

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

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

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

431

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

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approved by the district school board; ensure that such records

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

434

required, as follows:

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

436

accurately keep all records and promptly make in proper form all

437

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

438

Board of Education; recommend the keeping of such additional

439

records and the making of such additional reports as may be

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deemed necessary to provide data essential for the operation of

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

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required and ensure that these records and reports are properly

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prepared.

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

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

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

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department and transmit promptly all such reports, when approved,

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

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

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

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school superintendent must be withheld until the report has been

452

properly submitted. Unless otherwise provided by rules of the

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State Board of Education, the annual report on attendance and

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

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

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by the commissioner.

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Any district school superintendent who knowingly signs and

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transmits to any state official a false or incorrect report known

460

to be false or incorrect or who knowingly fails to investigate

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all reports of suspected or actual misconduct by instructional

462

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

463

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

464

report allegations of misconduct by such personnel which affects

465

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

466

1012.796 forfeits shall forfeit his or her right to any salary

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

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or failure to act.

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

470

Statutes, is amended to read:

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     1001.54  Duties of school principals.--

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     (2)  Each school principal shall provide instructional

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leadership in the development, revision, and implementation of a

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

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1001.42(16).

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

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1002.32, Florida Statutes, is amended to read:

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     1002.32  Developmental research (laboratory) schools.--

479

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

480

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

481

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

482

exceptions shall be permitted for lab schools:

483

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

484

1001.42 shall be held in abeyance. Reference to district school

485

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

486

of the university or the president's designee.

487

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

488

1002.33, Florida Statutes, is amended to read:

489

     1002.33  Charter schools.--

490

     (12)  EMPLOYEES OF CHARTER SCHOOLS.--

491

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

492

students, a charter school governing board shall:

493

     1. A charter school shall Employ or contract with employees

494

who have undergone background screening as provided in s.

495

1012.32. Members of the governing board of the charter school

496

shall also undergo background screening in a manner similar to

497

that provided in s. 1012.32.

498

2. Disqualify any individual convicted of an offense

499

pursuant to s. 1012.315 from employment in an instructional or

500

school administrator position that involves direct contact with

501

students.

502

     3. Adopt and communicate policies and procedures setting

503

forth ethical standards for all employees and include policies

504

and procedures in professional development for all staff. The

505

policies and procedures must include responsibilities and

506

procedures for reporting suspected or actual misconduct by

507

instructional personnel or a school administrator which affects

508

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

509

liability protections provided to students, parents, and

510

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

511

suspected or actual misconduct that affects the health, safety,

512

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

513

may not enter into a confidentiality agreement regarding a

514

terminated or dismissed employee or an employee who resigns in

515

lieu of termination based in whole or in part on unethical

516

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

517

and may not provide the employee with a favorable recommendation

518

for employment in another educational setting. Any portion of an

519

agreement or contract that has the purpose or effect of

520

concealing the conduct of an educator regarding actions over

521

which the Education Practices Commission has disciplinary

522

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

523

be enforced.

524

     4. Before appointing a candidate to an instructional or

525

school administrator position that involves direct contact with

526

students, contact the previous employer of the candidate to

527

assess the candidate's ability to meet ethical standards for

528

professional educators, screen the candidate through the use of

529

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

530

the findings.

531

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

532

with this paragraph shall terminate the charter pursuant to

533

subsection (8).

534

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

535

section 1002.36, Florida Statutes, to read:

536

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

537

     (7)  PERSONNEL SCREENING.--

538

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

539

welfare of students and the ethical standards for professional

540

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

541

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

542

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

543

1012.56, 1012.33, 1012.795, and 1012.796.

544

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

545

section 1002.421, Florida Statutes, are redesignated as

546

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

547

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

548

     1002.421  Accountability of private schools participating in

549

state school choice scholarship programs.--

550

     (4) A private school participating in a scholarship program

551

under this section shall:

552

     (a) Disqualify from employment in an instructional or

553

school administrator position that involves direct contact with

554

students any individual convicted of a disqualifying offense

555

identified under s. 1012.315.

556

     (b) Adopt and communicate policies and procedures setting

557

forth ethical standards for all employees and include policies

558

and procedures in professional development for all staff. The

559

policies and procedures must include responsibilities and

560

procedures for reporting suspected or actual misconduct by

561

instructional personnel or a school administrator which affects

562

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

563

liability protections provided to students, parents, and

564

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

565

suspected or actual misconduct that affects the health, safety,

566

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

567

may not enter into a confidentiality agreement regarding a

568

terminated or dismissed employee or an employee who resigns in

569

lieu of termination based in whole or in part on unethical

570

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

571

and may not provide the employee with a favorable recommendation

572

for employment in another educational setting. Any portion of an

573

agreement or contract that has the purpose or effect of

574

concealing the misconduct of an educator is void, is contrary to

575

public policy, and may not be enforced.

576

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

577

school administrator position that involves direct contact with

578

students, contact the previous employer of the candidate to

579

assess the candidate's ability to meet ethical standards for

580

professional educators, screen the candidate through the use of

581

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

582

the findings.

583

584

The department shall prohibit a private school that accepts

585

scholarship students under chapter 1002 or s. 220.187 and that

586

fails to comply with this subsection from accepting such

587

scholarship students and shall disqualify the private school from

588

accepting funds under those programs for a period of 1 state

589

fiscal year and until the private school complies with this

590

subsection.

591

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

592

section 1002.55, Florida Statutes, are renumbered as subsections

593

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

594

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

595

amended, to read:

596

     1002.55  School-year prekindergarten program delivered by

597

private prekindergarten providers.--

598

     (2) A private provider participating in the Voluntary

599

Prekindergarten Education Program under this section must comply

600

with the following:

601

     (a) The provider must complete ethics training that has

602

been developed jointly by the Department of Children and Family

603

Services, the Department of Education, and the Agency for

604

Workforce Innovation. Such training shall include strategies on

605

how to adopt and communicate policies, responsibilities, and

606

procedures for reporting suspected or actual misconduct by a

607

prekindergarten instructor or administrator which affects the

608

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

609

liability protections provided to students, parents, and

610

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

611

completion of training shall be documented on the child care

612

personnel training transcript of the Department of Children and

613

Family Services.

614

     (b) The provider must disqualify from employment any

615

prekindergarten instructor or administrator who has been

616

convicted of a disqualifying offense identified under s. 435.04.

617

     (c) Before appointing a candidate as a prekindergarten

618

instructor or administrator, the provider must contact the

619

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

620

435.10 to assess the candidate's ability to meet ethical

621

standards for professional educators, screen the candidate

622

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

623

1001.10(5) and the electronic database of the Department of

624

Children and Family Services, and document the findings.

625

     (d) The provider may not enter into a confidentiality

626

agreement regarding a terminated or dismissed employee or an

627

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

628

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

629

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

630

favorable recommendation for employment in another educational

631

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

632

purpose or effect of concealing the misconduct of a

633

prekindergarten instructor or administrator is void, is contrary

634

to public policy, and may not be enforced.

635

     (e) The Agency for Workforce Innovation shall prohibit a

636

private provider that fails to comply with this subsection from

637

accepting funds under the Voluntary Prekindergarten Program for a

638

period of 1 state fiscal year and until the provider complies

639

with this subsection.

640

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

641

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

642

may hold one of the following educational credentials:

643

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

644

education, prekindergarten or primary education, preschool

645

education, or family and consumer science;

646

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

647

if the prekindergarten instructor has been certified to teach

648

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

649

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

650

the instructor is not ineligible to teach in a public school

651

because his or her educator certificate is suspended or revoked;

652

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

653

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

654

at least 6 credit hours in early childhood education or child

655

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

656

providing child care services for children any age from birth

657

through 8 years of age; or

658

     (e)  An educational credential approved by the department as

659

being equivalent to or greater than an educational credential

660

described in this subsection. The department may adopt criteria

661

and procedures for approving equivalent educational credentials

662

under this paragraph.

663

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

664

Florida Statutes, are amended to read:

665

     1002.61  Summer prekindergarten program delivered by public

666

schools and private prekindergarten providers.--

667

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

668

1002.63(5), each public school and private prekindergarten

669

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

670

prekindergarten instructor who:

671

     (a)  Is a certified teacher; or

672

     (b)  Holds one of the educational credentials specified in

673

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

674

675

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

676

teacher holding a valid Florida educator certificate under s.

677

1012.56 who has the qualifications required by the district

678

school board to instruct students in the summer prekindergarten

679

program. In selecting instructional staff for the summer

680

prekindergarten program, each school district shall give priority

681

to teachers who have experience or coursework in early childhood

682

education.

683

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

684

1002.63(7), each prekindergarten class in the summer

685

prekindergarten program, regardless of whether the class is a

686

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

687

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

688

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

689

each public school or private prekindergarten provider must also

690

provide appropriate adult supervision for students at all times.

691

This subsection does not supersede any requirement imposed on a

692

provider under ss. 402.301-402.319.

693

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

694

Florida Statutes, are amended to read:

695

     1002.63  School-year prekindergarten program delivered by

696

public schools.--

697

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

698

class, at least one prekindergarten instructor who meets each

699

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

700

prekindergarten instructor of a private prekindergarten provider.

701

     (7)  Each prekindergarten class in a public school

702

delivering the school-year prekindergarten program must have be

703

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

704

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

705

school must also provide appropriate adult supervision for

706

students at all times and, for each prekindergarten class

707

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

708

prekindergarten instructor who meets the requirements of s.

709

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

710

prekindergarten instructor who is not required to meet those

711

requirements but who must meet each requirement of subsection

712

(6).

713

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

714

1002.65, Florida Statutes, is amended to read:

715

     1002.65  Professional credentials of prekindergarten

716

instructors; aspirational goals; legislative intent.--

717

     (2)  To improve these educational outcomes, the Legislature

718

intends that all prekindergarten instructors will continue to

719

improve their skills and preparation through education and

720

training, so that the following aspirational goals will be

721

achieved:

722

     (a)  By the 2010-2011 school year:

723

     1.  Each prekindergarten class will have at least one

724

prekindergarten instructor who holds an associate's or higher

725

degree in the field of early childhood education or child

726

development; and

727

     2.  For each prekindergarten class composed of 11 or more

728

students, in addition to a prekindergarten instructor who meets

729

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

730

one prekindergarten instructor who meets the requirements of s.

731

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

732

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

733

Statutes, is amended to read:

734

     1003.413  Florida Secondary School Redesign Act.--

735

     (2)  The following guiding principles for secondary school

736

redesign shall be used in the annual preparation of each

737

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

738

1001.42(16):

739

     (a)  Struggling students, especially those in failing

740

schools, need the highest quality teachers and dramatically

741

different, innovative approaches to teaching and learning.

742

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

743

reading improvement.

744

     (c)  Quality professional development provides teachers and

745

principals with the tools they need to better serve students.

746

     (d)  Small learning communities allow teachers to

747

personalize instruction to better address student learning

748

styles, strengths, and weaknesses.

749

     (e)  Intensive intervention in reading and mathematics must

750

occur early and through innovative delivery systems.

751

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

752

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

753

act early on behalf of their child.

754

     (g)  Applied and integrated courses help students see the

755

relationships between subjects and relevance to their futures.

756

     (h)  School is more relevant when students choose courses

757

based on their goals, interests, and talents.

758

     (i)  Master schedules should not determine instruction and

759

must be designed based on student needs, not adult or

760

institutional needs.

761

     (j)  Academic and career planning engages students in

762

developing a personally meaningful course of study so they can

763

achieve goals they have set for themselves.

764

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

765

1003.53, Florida Statutes, is amended to read:

766

     1003.53  Dropout prevention and academic intervention.--

767

     (2)

768

     (b)  Each school that establishes a dropout prevention and

769

academic intervention program at that school site shall reflect

770

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

771

1001.42(18) s. 1001.42(16).

772

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

773

Florida Statutes, are amended to read:

774

     1004.92  Purpose and responsibilities for career

775

education.--

776

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

777

who complete career programs to attain and sustain employment and

778

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

779

to identify issues related to career education for which school

780

boards and community college boards of trustees are accountable.

781

It is the intent of the Legislature that the standards

782

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

783

accountability standards for public schools pursuant to ss.

784

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

785

colleges pursuant to s. 1008.45.

786

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

787

shall establish a center advisory council pursuant to s.

788

1001.452. The center advisory council shall assist in the

789

preparation and evaluation of center improvement plans required

790

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

791

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

792

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

793

s. 1008.385(1).

794

     Section 24. Section 1006.061, Florida Statutes, is amended

795

to read:

796

     1006.061  Child abuse, abandonment, and neglect

797

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

798

school participating in a state school choice scholarship

799

program, and private provider participating in the Voluntary

800

Prekindergarten Education Program shall:

801

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

802

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

803

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

804

have an affirmative duty to report all actual or suspected cases

805

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

806

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

807

duty to comply with child protective investigations and all other

808

provisions of law relating to child abuse, abandonment, and

809

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

810

telephone number of the central abuse hotline.

811

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

812

each school website, the policies and procedures for reporting

813

suspected or actual misconduct by instructional personnel or

814

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

815

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

816

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

817

employees or agents for failing to report suspected or actual

818

child abuse or misconduct by instructional personnel or school

819

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

820

student.

821

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

822

private school, or private provider or the district school

823

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

824

of the Department of Children and Family Services, to act as a

825

liaison to the Department of Children and Family Services and the

826

child protection team, as defined in s. 39.01, when in a case of

827

suspected child abuse, abandonment, or neglect or an unlawful

828

sexual offense involving a child the case is referred to such a

829

team; except that this does not relieve or restrict the

830

Department of Children and Family Services from discharging its

831

duty and responsibility under the law to investigate and report

832

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

833

neglect or unlawful sexual offense involving a child.

834

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

835

1007.21, Florida Statutes, is amended to read:

836

     1007.21  Readiness for postsecondary education and the

837

workplace.--

838

     (2)

839

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

840

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

841

all high school second semester sophomores who have chosen one of

842

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

843

used to target additional instructional needs in reading,

844

writing, and mathematics prior to graduation.

845

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

846

Statutes, is amended to read:

847

     1007.23  Statewide articulation agreement.--

848

     (5)  The articulation agreement must guarantee the

849

articulation of 9 credit hours toward a postsecondary degree in

850

early childhood education for programs approved by the State

851

Board of Education and the Board of Governors which:

852

     (a)  Award a child development associate credential issued

853

by the National Credentialing Program of the Council for

854

Professional Recognition or award a credential approved under s.

855

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

856

being equivalent to the child development associate credential;

857

and

858

     (b)  Include training in emergent literacy which meets or

859

exceeds the minimum standards for training courses for

860

prekindergarten instructors of the Voluntary Prekindergarten

861

Education Program in s. 1002.59.

862

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

863

Statutes, is amended to read:

864

     1008.33  Authority to enforce public school improvement.--It

865

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

866

accountable for students performing at acceptable levels. A

867

system of school improvement and accountability that assesses

868

student performance by school, identifies schools in which

869

students are not making adequate progress toward state standards,

870

institutes appropriate measures for enforcing improvement, and

871

provides rewards and sanctions based on performance shall be the

872

responsibility of the State Board of Education.

873

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

874

of Education or Chief Financial Officer to withhold any transfer

875

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

876

specified in state board action, the school district has failed

877

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

878

performing schools. Withholding the transfer of funds shall occur

879

only after all other recommended actions for school improvement

880

have failed to improve performance. The State Board of Education

881

may impose the same penalty on any district school board that

882

fails to develop and implement a plan for assistance and

883

intervention for low-performing schools as specified in s.

884

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

885

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

886

1008.345, Florida Statutes, is amended to read:

887

     1008.345  Implementation of state system of school

888

improvement and education accountability.--

889

     (6)

890

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

891

release funds from the Educational Enhancement Trust Fund to any

892

district in which a school, including schools operating for the

893

purpose of providing educational services to youth in Department

894

of Juvenile Justice programs, does not have an approved school

895

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

896

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

897

comply with school advisory council membership composition

898

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

899

technical assistance team to each school without an approved plan

900

to develop such school improvement plan or to each school without

901

appropriate school advisory council membership composition to

902

develop a strategy for corrective action. The department shall

903

release the funds upon approval of the plan or upon establishment

904

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

905

public of the department's intervention and shall identify each

906

school without a plan or without appropriate school advisory

907

council membership composition.

908

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

909

Statutes, is amended to read:

910

     1010.215  Educational funding accountability.--

911

     (5)  The annual school public accountability report required

912

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

913

financial report. The purpose of the school financial report is

914

to better inform parents and the public concerning how funds were

915

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

916

school's financial report must follow a uniform, districtwide

917

format that is easy to read and understand.

918

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

919

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

920

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

921

federal funds; and private donations.

922

     (b)  Expenditures must be reported as the total expenditures

923

per unweighted full-time equivalent student at the school level

924

and the average expenditures per full-time equivalent student at

925

the district and state levels in each of the following categories

926

and subcategories:

927

     1.  Teachers, excluding substitute teachers, and education

928

paraprofessionals who provide direct classroom instruction to

929

students enrolled in programs classified by s. 1011.62 as:

930

     a.  Basic programs;

931

     b.  Students-at-risk programs;

932

     c.  Special programs for exceptional students;

933

     d.  Career education programs; and

934

     e.  Adult programs.

935

     2.  Substitute teachers.

936

     3.  Other instructional personnel, including school-based

937

instructional specialists and their assistants.

938

     4.  Contracted instructional services, including training

939

for instructional staff and other contracted instructional

940

services.

941

     5.  School administration, including school-based

942

administrative personnel and school-based education support

943

personnel.

944

     6.  The following materials, supplies, and operating capital

945

outlay:

946

     a.  Textbooks;

947

     b.  Computer hardware and software;

948

     c.  Other instructional materials;

949

     d.  Other materials and supplies; and

950

     e.  Library media materials.

951

     7.  Food services.

952

     8.  Other support services.

953

     9.  Operation and maintenance of the school plant.

954

     (c)  The school financial report must also identify the

955

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

956

operations. The total amount of these district-level expenditures

957

must be reported and expressed as total expenditures per full-

958

time equivalent student.

959

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

960

1011.18, Florida Statutes, is amended to read:

961

     1011.18  School depositories; payments into and withdrawals

962

from depositories.--

963

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

964

ADMINISTERED EMPLOYEES' FRINGE BENEFIT PROGRAMS.--

965

     (b)  The district school board may contract with an

966

insurance company or professional administrator who holds a valid

967

certificate of authority issued by the Office of Insurance

968

Regulation of the Financial Services Commission to provide any or

969

all services that a third-party administrator is authorized by

970

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

971

board may advance or remit money to the administrator to be

972

deposited in a designated special checking account for paying

973

claims against the district school board under its self-insurance

974

programs, and remitting premiums to the providers of insured

975

benefits on behalf of the district school board and the

976

participants in such programs, and otherwise fulfilling the

977

obligations imposed upon the administrator by law and the

978

contractual agreements between the district school board and the

979

administrator. The special checking account shall be maintained

980

in a designated district school depository. The district school

981

board may replenish such account as often as necessary upon the

982

presentation by the service organization of documentation for

983

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

984

reimbursement. Such replenishment shall be made by a warrant

985

signed by the chair of the district school board and

986

countersigned by the district school superintendent. Such

987

replenishment may be made by electronic, telephonic, or other

988

medium, and each transfer shall be confirmed in writing and

989

signed by the district school superintendent or his or her

990

designee. The provisions of strict accountability of all funds

991

and an annual audit by an independent certified public accountant

992

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

993

this subsection.

994

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

995

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

996

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

997

     1012.27  Public school personnel; powers and duties of

998

district school superintendent.--The district school

999

superintendent is responsible for directing the work of the

1000

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

1001

addition the district school superintendent shall perform the

1002

following:

1003

     (6) Before appointing a candidate to an instructional or

1004

school administrator position that involves direct contact with

1005

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

1006

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

1007

professional educators, screen the candidate using the screening

1008

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

1009

     Section 32. Section 1012.315, Florida Statutes, is created

1010

to read:

1011

     1012.315 Disqualification from employment.--

1012

     (1) Any instructional personnel or school administrators,

1013

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

1014

position that involves direct contact with students if convicted

1015

of the following disqualifying offenses:

1016

     (a) Any offense listed in s. 435.04;

1017

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

1018

child;

1019

     (c) Section 794.05, relating to unlawful sexual activity

1020

with certain minors;

1021

     (d) Section 810.14, relating to voyeurism;

1022

     (e) Section 810.145, relating to video voyeurism;

1023

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

1024

     (g) Any delinquent act that qualified or would have

1025

qualified an individual for inclusion on the Registered Juvenile

1026

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

1027

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

1028

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

1029

described in subsection (1) shall, for purposes of

1030

disqualification, be considered as if the act was committed in

1031

this state.

1032

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

1033

Statutes, is amended to read:

1034

     1012.32  Qualifications of personnel.--

1035

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

1036

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

1037

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

1038

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

1039

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

1040

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

1041

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

1042

under the emergency provisions of s. 1012.24. Previous residence

1043

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

1044

a prerequisite for any person holding a valid Florida certificate

1045

or license to serve in an instructional capacity.

1046

     (b) Any instructional personnel or school administrators,

1047

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

1048

position having direct contact with students if convicted of a

1049

disqualifying offense as described in s. 1012.315.

1050

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

1051

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

1052

1012.33, Florida Statutes, are amended to read:

1053

     1012.33  Contracts with instructional staff, supervisors,

1054

and school principals.--

1055

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

1056

instructional staff in any district school system shall be

1057

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

1058

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

1059

shall receive a written contract as specified in this section.

1060

All such contracts, except continuing contracts as specified in

1061

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

1062

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

1063

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

1064

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

1065

office, incompetency, gross insubordination, willful neglect of

1066

duty, the commission of a criminal act, regardless of

1067

adjudication, or crimes or conviction of a crime involving moral

1068

turpitude.

1069

     (4)

1070

     (c)  Any member of the district administrative or

1071

supervisory staff and any member of the instructional staff,

1072

including any school principal, who is under continuing contract

1073

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

1074

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

1075

immorality, misconduct in office, incompetency, gross

1076

insubordination, willful neglect of duty, drunkenness, crimes or

1077

conviction of a crime involving moral turpitude, as these terms

1078

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

1079

commission of a criminal act, regardless of adjudication.

1080

Whenever such charges are made against an any such employee of

1081

the district school board, the district school board may suspend

1082

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

1083

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

1084

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

1085

school board or by the district school superintendent, the

1086

district school board shall determine upon the evidence submitted

1087

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

1088

sustained, shall determine either to dismiss the employee or fix

1089

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

1090

charges are sustained by a majority vote of the full membership

1091

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

1092

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

1093

such decision adverse to the employee may be appealed by the

1094

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

1095

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

1096

     (6)

1097

     (b)  Any member of the district administrative or

1098

supervisory staff, including any principal but excluding an

1099

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

1100

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

1101

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

1102

misconduct in office, incompetency, gross insubordination,

1103

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

1104

crime involving moral turpitude, as these terms are defined by

1105

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

1106

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

1107

the district school board may suspend the employee without pay;

1108

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

1109

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

1110

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

1111

district school superintendent, the district school board shall

1112

determine upon the evidence submitted whether the charges have

1113

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

1114

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

1115

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

1116

majority vote of the full membership of the district school board

1117

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

1118

employment shall be thereby canceled. Any such decision adverse

1119

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

1120

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

1121

decision of the district school board.

1122

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

1123

Statutes, is amended to read:

1124

     1012.34  Assessment procedures and criteria.--

1125

     (4)  The district school superintendent shall notify the

1126

department of any instructional personnel who receive two

1127

consecutive unsatisfactory evaluations and who have been given

1128

written notice by the district that their employment is being

1129

terminated or is not being renewed or that the district school

1130

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

1131

department shall conduct an investigation to determine whether

1132

action shall be taken against the certificateholder pursuant to

1133

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

1134

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

1135

Florida Statutes, are amended to read:

1136

     1012.56  Educator certification requirements.--

1137

     (9)  BACKGROUND SCREENING REQUIRED, INITIALLY AND

1138

PERIODICALLY.--

1139

     (a)  Each person who seeks certification under this chapter

1140

must undergo state and national criminal history records checks

1141

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

1142

disqualifying offense under s. 1012.315. An individual is exempt

1143

from undergoing an additional state and national criminal history

1144

records checks if the checks have meet level 2 screening

1145

requirements as described in s. 1012.32 unless a level 2

1146

screening has been conducted by a district school board or the

1147

Department of Education within 12 months before the date the

1148

person initially obtains certification under this chapter, the

1149

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

1150

the Department of Education.

1151

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

1152

chapter until the person undergoes state and national criminal

1153

history records checks pursuant to s. 435.04 verifying that the

1154

person has not been convicted of a disqualifying offense as

1155

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

1156

and the results have been submitted to the Department of

1157

Education or to the district school superintendent of the school

1158

district that employs the person. Every 5 years after obtaining

1159

initial certification, each person who is required to be

1160

certified under this chapter must meet the level 2 screening

1161

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

1162

time the school district shall request the Department of Law

1163

Enforcement to forward the fingerprints to the Federal Bureau of

1164

Investigation for national processing the level 2 screening. If,

1165

for any reason after obtaining initial certification, the

1166

fingerprints of a person who is required to be certified under

1167

this chapter are not retained by the Department of Law

1168

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

1169

a complete set of fingerprints with the district school

1170

superintendent of the employing school district. Upon submission

1171

of fingerprints for this purpose, the school district shall

1172

request the Department of Law Enforcement to forward the

1173

fingerprints to the Federal Bureau of Investigation for national

1174

processing the level 2 screening, and the fingerprints shall be

1175

retained by the Department of Law Enforcement under s.

1176

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

1177

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

1178

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

1179

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

1180

under this chapter must agree to inform his or her employer

1181

within 48 hours if convicted of any disqualifying offense while

1182

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

1183

is required.

1184

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

1185

employed in a position requiring certification under this chapter

1186

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

1187

level 2 screening requirements, the person's certification shall

1188

be immediately revoked or suspended and he or she shall be

1189

immediately suspended from the position requiring certification.

1190

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

1191

maintain an electronic database that includes, but need not be

1192

limited to, a complete statement of the academic preparation,

1193

professional training, and teaching experience of each person to

1194

whom a certificate is issued. The applicant or the district

1195

school superintendent shall furnish the information using a

1196

format or forms provided by the department.

1197

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

1198

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

1199

     1012.79  Education Practices Commission; organization.--

1200

     (1) The Education Practices Commission consists of 25 17

1201

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

1202

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

1203

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

1204

unrelated to public school employees and 2 shall be current or

1205

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

1206

enforcement officials, appointed by the State Board of Education

1207

from nominations by the Commissioner of Education and subject to

1208

Senate confirmation. Before Prior to making nominations, the

1209

commissioner shall consult with the teaching associations, parent

1210

organizations, law enforcement agencies, and other involved

1211

associations in the state. In making nominations, the

1212

commissioner shall attempt to achieve equal geographical

1213

representation, as closely as possible.

1214

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

1215

appointment:

1216

     1.  Must be certified to teach in the state.

1217

     2.  Must be a resident of the state.

1218

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

1219

least 5 years immediately preceding the appointment.

1220

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

1221

for appointment:

1222

     1.  Must have an endorsement on the educator certificate in

1223

the area of school administration or supervision.

1224

     2.  Must be a resident of the state.

1225

     3.  Must have practiced the profession as an administrator

1226

for at least 5 years immediately preceding the appointment.

1227

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

1228

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

1229

served in the profession for at least 5 years immediately

1230

preceding appointment and have background expertise in child

1231

safety.

1232

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

1233

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

1234

reviewing and issuing final orders upon cases presented to the

1235

commission. A case concerning a complaint against a teacher shall

1236

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

1237

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

1238

a parent or a sworn law enforcement officer, and at least three

1239

of whom must shall be teachers. A case concerning a complaint

1240

against an administrator shall be reviewed and a final order

1241

thereon shall be entered by a panel composed of five commission

1242

members, at least one of whom must be a parent or a sworn law

1243

enforcement officer, and at least three of whom must shall be

1244

administrators.

1245

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

1246

Statutes, is amended to read:

1247

     1012.795  Education Practices Commission; authority to

1248

discipline.--

1249

     (1)  The Education Practices Commission may suspend the

1250

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

1251

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

1252

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

1253

district school board or public school in any capacity requiring

1254

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

1255

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

1256

may revoke the educator certificate of any person, thereby

1257

denying that person the right to teach or otherwise be employed

1258

by a district school board or public school in any capacity

1259

requiring direct contact with students for a period of time not

1260

to exceed 10 years, with reinstatement subject to the provisions

1261

of subsection (4); may revoke permanently the educator

1262

certificate of any person thereby denying that person the right

1263

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

1264

public school in any capacity requiring direct contact with

1265

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

1266

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

1267

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

1268

provided it can be shown that the person:

1269

     (a)  Obtained or attempted to obtain an educator certificate

1270

by fraudulent means.

1271

     (b) Knowingly failed to report any suspected or actual

1272

child abuse pursuant to s. 1006.061 or misconduct by

1273

instructional personnel or school administrators under s.

1274

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

1275

student.

1276

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

1277

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

1278

or to operate a private school.

1279

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

1280

involving moral turpitude as defined by rules of the State Board

1281

of Education.

1282

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

1283

revocation, suspension, or surrender in another state.

1284

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

1285

other criminal charge, other than a minor traffic violation.

1286

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

1287

personal conduct which seriously reduces that person's

1288

effectiveness as an employee of the district school board.

1289

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

1290

1012.33(2).

1291

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

1292

Education Practices Commission to suspend the certificate as a

1293

result of a delinquent child support obligation.

1294

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

1295

for the Education Profession prescribed by State Board of

1296

Education rules.

1297

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

1298

penalty for which is the revocation of the educator certificate.

1299

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

1300

Commission.

1301

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

1302

agreement in any jurisdiction which requires the

1303

certificateholder to surrender or otherwise relinquish his or her

1304

educator's certificate. A surrender or relinquishment shall be

1305

for permanent revocation of the certificate. A person may not

1306

surrender or otherwise relinquish his or her certificate prior to

1307

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

1308

1012.796.

1309

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

1310

1012.796, Florida Statutes, are amended to read:

1311

     1012.796  Complaints against teachers and administrators;

1312

procedure; penalties.--

1313

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

1314

investigated expeditiously any complaint filed before it or

1315

otherwise called to its attention which, if legally sufficient,

1316

contains grounds for the revocation or suspension of a

1317

certificate or any other appropriate penalty as set forth in

1318

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

1319

contains the ultimate facts which show a violation has occurred

1320

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

1321

shall may investigate or continue to investigate and take

1322

appropriate action on a complaint even though the original

1323

complainant withdraws the complaint or otherwise indicates a

1324

desire not to cause it to be investigated or prosecuted to

1325

completion. The department may investigate or continue to

1326

investigate and take action on a complaint filed against a person

1327

whose educator certificate has expired if the act or acts that

1328

which are the basis for the complaint were allegedly committed

1329

while that person possessed an educator certificate.

1330

     (b) The Department of Education shall investigate

1331

immediately any complaint filed before it or otherwise called to

1332

its attention which involves misconduct by any certificated

1333

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

1334

student. The department must investigate or continue to

1335

investigate and take action on such a complaint filed against a

1336

person whose educator certificate has expired if the act or acts

1337

that are the basis for the complaint were allegedly committed

1338

while that person possessed an educator certificate.

1339

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

1340

shall notify the certificateholder or applicant for certification

1341

and the district school superintendent or the university

1342

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

1343

certificateholder or applicant for certification is employed or

1344

was employed at the time the alleged offense occurred. In

1345

addition, the department shall inform the certificateholder or

1346

applicant for certification of the substance of any complaint

1347

which has been filed against that certificateholder or applicant,

1348

unless the department determines that such notification would be

1349

detrimental to the investigation, in which case the department

1350

may withhold notification.

1351

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

1352

department all legally sufficient complaints within 30 days after

1353

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

1354

attention of the school district. A complaint is legally

1355

sufficient if it contains ultimate facts that show a violation

1356

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

1357

school district shall include all information relating to the

1358

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

1359

filing. Each district school board shall develop and adopt

1360

policies and procedures to comply with this reporting

1361

requirement. School board policies and procedures must include

1362

standards for screening, hiring, and terminating employees,

1363

ethical standards for all employees, responsibilities of

1364

educators to uphold the standards, detailed steps to be followed

1365

in reporting suspected or actual misconduct by instructional

1366

personnel or a school administrator which affects the health,

1367

safety, or welfare of a student, requirements for the

1368

reassignment of an employee pending the outcome of a misconduct

1369

investigation, and penalties for failing to comply pursuant to

1370

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

1371

procedures shall include appropriate penalties for all personnel

1372

of the district school board for nonreporting and procedures for

1373

promptly informing the district school superintendent of each

1374

legally sufficient complaint. The district school superintendent

1375

is charged with knowledge of these policies and procedures and is

1376

accountable for communicating the ethical standards, policies,

1377

and procedures, to be provided through professional development

1378

for all staff. If the district school superintendent has

1379

knowledge of a legally sufficient complaint and does not report

1380

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

1381

the district school board, and fails to comply with the

1382

requirements of this subsection, in addition to other actions

1383

against certificateholders authorized by law, the district school

1384

superintendent is shall be subject to penalties as specified in

1385

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

1386

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

1387

occurred which warrants termination, the employee may resign or

1388

be terminated and a record, including information relating to the

1389

misconduct that resulted in the severance from employment, shall

1390

be reported to the Department of Education and maintained in the

1391

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

1392

or restrict the power and duty of the department to investigate

1393

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

1394

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

1395

complaints and followup reports.

1396

     (e) If allegations arise against an employee who is

1397

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

1398

certificated position by any school or provider in the state,

1399

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

1400

writing with the department a legally sufficient complaint within

1401

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

1402

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

1403

complaint is legally sufficient if it contains ultimate facts

1404

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

1405

The school or provider shall include all known information

1406

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

1407

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

1408

department to investigate complaints as provided in paragraphs

1409

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

1410

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

1411

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

1412

agencies, state attorneys, social service agencies, district

1413

school boards, and the Division of Administrative Hearings shall

1414

fully cooperate with and, upon request, shall provide unredacted

1415

documents to the Department of Education to further

1416

investigations and prosecutions conducted pursuant to this

1417

section. Any document received pursuant to this paragraph may not

1418

be redisclosed except as authorized by law.

1419

     (3)  The department staff shall advise the commissioner

1420

concerning the findings of the investigation. The department

1421

general counsel or members of that staff shall review the

1422

investigation and advise the commissioner concerning probable

1423

cause or lack thereof. The determination of probable cause shall

1424

be made by the commissioner. The commissioner shall provide an

1425

opportunity for a conference, if requested, prior to determining

1426

probable cause. The commissioner may enter into deferred

1427

prosecution agreements in lieu of finding probable cause if, when

1428

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

1429

interests of the department, the certificateholder, and the

1430

public. Such deferred prosecution agreements shall become

1431

effective when filed with the clerk of the Education Practices

1432

Commission. However, a deferred prosecution agreement shall not

1433

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

1434

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

1435

occurred. Upon finding no probable cause, the commissioner shall

1436

dismiss the complaint.

1437

     (5) When an allegation of misconduct involving a student,

1438

which affects the student's health, safety, or welfare, by

1439

instructional personnel or a school administrator, as defined in

1440

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

1441

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

1442

superintendent in consultation with the school principal, or may,

1443

and upon the request of the Commissioner of Education, must

1444

immediately shall, temporarily suspend the employee a

1445

certificateholder from the certificateholder's regularly assigned

1446

duties, with pay, and reassign the suspended instructor or

1447

administrator certificateholder to a position that does not

1448

require direct contact with students in the district school

1449

system. Such suspension shall continue until the completion of

1450

the proceedings and the determination of sanctions, if any,

1451

pursuant to this section and s. 1012.795.

1452

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

1453

1012.98, Florida Statutes, is amended to read:

1454

     1012.98  School Community Professional Development Act.--

1455

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

1456

community colleges, and state universities share the

1457

responsibilities described in this section. These

1458

responsibilities include the following:

1459

     (b)  Each school district shall develop a professional

1460

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

1461

shall be developed in consultation with teachers, teacher-

1462

educators of community colleges and state universities, business

1463

and community representatives, and local education foundations,

1464

consortia, and professional organizations. The professional

1465

development system must:

1466

     1.  Be approved by the department. All substantial revisions

1467

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

1468

continued approval.

1469

     2.  Be based on analyses of student achievement data and

1470

instructional strategies and methods that support rigorous,

1471

relevant, and challenging curricula for all students. Schools and

1472

districts, in developing and refining the professional

1473

development system, shall also review and monitor school

1474

discipline data; school environment surveys; assessments of

1475

parental satisfaction; performance appraisal data of teachers,

1476

managers, and administrative personnel; and other performance

1477

indicators to identify school and student needs that can be met

1478

by improved professional performance.

1479

     3.  Provide inservice activities coupled with followup

1480

support appropriate to accomplish district-level and school-level

1481

improvement goals and standards. The inservice activities for

1482

instructional personnel shall focus on analysis of student

1483

achievement data, ongoing formal and informal assessments of

1484

student achievement, identification and use of enhanced and

1485

differentiated instructional strategies that emphasize rigor,

1486

relevance, and reading in the content areas, enhancement of

1487

subject content expertise, integrated use of classroom technology

1488

that enhances teaching and learning, classroom management, parent

1489

involvement, and school safety.

1490

     4.  Include a master plan for inservice activities, pursuant

1491

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

1492

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

1493

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

1494

district and school instructional leaders, and must use the

1495

latest available student achievement data and research to enhance

1496

rigor and relevance in the classroom. Each district inservice

1497

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

1498

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

1499

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

1500

school board annually in order to ensure compliance with

1501

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

1502

best practices to other districts. District school boards must

1503

submit verification of their approval to the Commissioner of

1504

Education no later than October 1, annually.

1505

     5.  Require each school principal to establish and maintain

1506

an individual professional development plan for each

1507

instructional employee assigned to the school as a seamless

1508

component to the school improvement plans developed pursuant to

1509

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

1510

development plan must:

1511

     a.  Be related to specific performance data for the students

1512

to whom the teacher is assigned.

1513

     b.  Define the inservice objectives and specific measurable

1514

improvements expected in student performance as a result of the

1515

inservice activity.

1516

     c.  Include an evaluation component that determines the

1517

effectiveness of the professional development plan.

1518

     6.  Include inservice activities for school administrative

1519

personnel that address updated skills necessary for instructional

1520

leadership and effective school management pursuant to s.

1521

1012.986.

1522

     7.  Provide for systematic consultation with regional and

1523

state personnel designated to provide technical assistance and

1524

evaluation of local professional development programs.

1525

     8.  Provide for delivery of professional development by

1526

distance learning and other technology-based delivery systems to

1527

reach more educators at lower costs.

1528

     9.  Provide for the continuous evaluation of the quality and

1529

effectiveness of professional development programs in order to

1530

eliminate ineffective programs and strategies and to expand

1531

effective ones. Evaluations must consider the impact of such

1532

activities on the performance of participating educators and

1533

their students' achievement and behavior.

1534

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

1535

Statutes, is amended to read:

1536

     1013.03  Functions of the department and the Board of

1537

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

1538

pertains to educational facilities of school districts and

1539

community colleges and of the Board of Governors as it pertains

1540

to educational facilities of state universities shall include,

1541

but not be limited to, the following:

1542

     (4)  Require each board and other appropriate agencies to

1543

submit complete and accurate financial data as to the amounts of

1544

funds from all sources that are available and spent for

1545

construction and capital improvements. The commissioner shall

1546

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

1547

and any other educational facilities data. If any district does

1548

not submit the required educational facilities fiscal data by the

1549

prescribed date, the Commissioner of Education shall notify the

1550

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

1551

not taken to immediately submit the required report, the district

1552

school board shall be directed to proceed pursuant to s.

1553

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

1554

community college or university does not submit the required

1555

educational facilities fiscal data by the prescribed date, the

1556

same policy prescribed in this subsection for school districts

1557

shall be implemented.

1558

     Section 42. The sum of $153,872 is appropriated from the

1559

Educational Certification and Services Trust Fund to the

1560

Department of Education for the 2008-2009 fiscal year, and two

1561

additional full-time equivalent positions and associated salary

1562

rate of 90,088 are authorized, for the purpose of implementing

1563

this act.

1564

     Section 43.  This act shall take effect July 1, 2008.

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