ENROLLED
2008 LegislatureCS for CS for CS for SB 1712, 1st Engrossed
20081712er
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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 felony offenses against
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a minor as additional offenses that constitute a breach of
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the public trust; requiring a person committing such an
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offense to forfeit benefits under certain public
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retirement systems; amending s. 121.091, F.S.; prohibiting
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the Division of Retirement from paying benefits to a
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member who commits certain felony offenses against a
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minor; conforming a cross-reference; creating ss. 794.09
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and 800.05, F.S.; providing notice in the criminal
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statutes that certain retirement benefits are subject to
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forfeiture for committing certain felony offenses against
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a minor; amending s. 1001.10, F.S.; requiring the
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Department of Education to assist school districts,
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charter schools, the Florida School for the Deaf and the
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Blind, and private schools that accept school choice
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scholarship students in developing policies, procedures,
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and training related to employment practices and standards
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of ethical conduct; requiring the department to provide
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authorized staff with access to certain databases for
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employment history verification; amending s. 1001.32,
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F.S., relating to school administration; conforming a
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cross-reference; amending s. 1001.42, F.S.; requiring each
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district school board to adopt standards of ethical
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conduct and provide training for instructional personnel
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and school administrators; prohibiting confidentiality
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agreements regarding terminated or dismissed instructional
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personnel and school administrators which have the effect
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of concealing certain misconduct; prohibiting a school
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district from providing employment references for
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specified personnel and administrators except under
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certain circumstances; requiring a person who committed
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certain crimes to be disqualified from employment in
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certain positions in a district school system under
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specified conditions; providing that a district school
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board official who knowingly signs and transmits a false
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or incorrect report, or fails to adopt certain policies,
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forfeits his or her salary for a specified period;
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amending s. 1001.452, F.S., relating to district and
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school advisory councils; conforming cross-references;
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amending s. 1001.51, F.S.; providing that a district
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school superintendent forfeits his or her salary for a
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specified period following failure to investigate and
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report allegations of certain misconduct by specified
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personnel or administrators; amending ss. 1001.54 and
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1002.32, F.S., relating to duties of principals and
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laboratory schools; conforming cross-references; amending
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s. 1002.33, F.S.; requiring a person who committed certain
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crimes to be disqualified from employment in certain
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positions in a charter school under specified conditions;
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requiring charter schools to adopt standards of ethical
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conduct and provide training for all instructional
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personnel and school administrators; prohibiting
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confidentiality agreements regarding terminated or
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dismissed instructional personnel and school
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administrators which have the effect of concealing certain
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misconduct; prohibiting a charter school from providing
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employment references for specified personnel and
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administrators except under certain circumstances;
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requiring a charter school to contact the previous
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employer, and verify the employment history against
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certain databases, of persons seeking employment in
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certain positions; requiring a charter school's sponsor to
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terminate the school's charter for failing to comply with
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these requirements; amending s. 1002.36, F.S.; requiring
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the Florida School for the Deaf and the Blind to meet
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certain requirements governing the screening of personnel;
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amending s. 1002.421, F.S.; requiring a person who
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committed certain crimes to be disqualified from
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employment in certain positions in a private school that
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accepts certain scholarship students under specified
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conditions; requiring certain private schools to adopt
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standards of ethical conduct and provide training for all
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instructional personnel and school administrators;
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prohibiting confidentiality agreements regarding
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terminated or dismissed instructional personnel or school
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administrators which have the effect of concealing certain
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misconduct; prohibiting a private school from providing
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employment references for specified personnel and
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administrators except under certain circumstances;
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requiring a private school to contact the previous
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employer, and verify the employment history against
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certain databases, of persons seeking employment in
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certain positions; requiring the Department of Education
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to suspend enrollment of new students and the payment of
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funds to a private school failing to comply with these
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F.S., relating to educational instruction and programs;
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conforming cross-references; amending s. 1006.061, F.S.;
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requiring district school boards, charter schools, and
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private schools that accept certain scholarship students
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to post policies for reporting child abuse and misconduct
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by specified personnel and administrators; requiring the
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principal of such schools to act as a liaison in suspected
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cases of child abuse; requiring the Department of
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Education to publish sample notices; amending ss. 1008.33,
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accountability procedures; conforming cross-references;
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amending s. 1012.27, F.S.; requiring the district school
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superintendent to contact the previous employer, and
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verify the employment history against certain databases,
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of persons seeking employment in certain positions;
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creating s. 1012.315, F.S.; specifying offenses that
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disqualify instructional personnel and school
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administrators from employment in certain positions that
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require direct contact with students; amending s. 1012.32,
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F.S.; requiring specified personnel or administrators who
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committed certain crimes to be disqualified from
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employment in certain positions in a district school
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system or charter school under specified conditions;
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amending s. 1012.33, F.S.; providing that just cause for
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terminating instructional staff includes immorality or
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commission of certain crimes; amending s. 1012.34, F.S.,
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relating to assessment procedures; conforming a cross-
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reference; amending s. 1012.56, F.S., relating to
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certification requirements for educators; revising
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requirements for conducting state and federal criminal
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records checks of persons seeking certification; requiring
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a person who committed certain crimes to be ineligible for
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certification under specified conditions; providing for
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the Department of Education to maintain educator records
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in 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 panels appointed to review complaints against teachers
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and administrators; amending s. 1012.795, F.S.; providing
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for the suspension of the educator certificate of a person
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who knowingly fails to report child abuse or misconduct by
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specified personnel or administrators; clarifying
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authority of the commission to discipline educators who
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commit certain crimes; amending s. 1012.796, F.S.;
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requiring the Department of Education to investigate each
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complaint involving misconduct by certificated personnel;
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clarifying what constitutes a legally sufficient
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complaint; providing requirements for school board
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policies and procedures relating to standards of ethical
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conduct; providing that the district school superintendent
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is accountable for training of instructional personnel and
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school administrators on the standards, policies, and
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procedures; requiring employers of certificated personnel
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to report misconduct by such personnel to the Department
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of Education; requiring that instructional personnel or
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school administrators be immediately suspended and
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reassigned under certain circumstances; amending ss.
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Community Professional Development Act and functions of
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the Department of Education and Board of Governors;
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conforming cross-references; providing an appropriation
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and authorizing additional positions; providing an
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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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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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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. The committing on or after October 1, 2008, of any
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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 against a
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victim younger than 18 years of age, by a public officer or
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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. Paragraph (i) of subsection (5) of section
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121.091, Florida Statutes, is redesignated as paragraph (j),
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present paragraph (j) is redesignated as paragraph (k) and
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amended, and a new paragraph (i) is added to that subsection, to
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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) The division may not pay benefits to any member
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convicted of a felony committed on or after October 1, 2008,
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defined in s. 800.04 against a victim younger than 16 years of
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age, or defined in chapter 794 against a victim younger than 18
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years of age, through the use or attempted use of power, rights,
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privileges, duties, or position of the member's public office or
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employment position. However, the division shall return the
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member's accumulated contributions, if any, that the member
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accumulated as of the date of conviction.
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(k)(j) Benefits shall not be paid by the division pending
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final resolution of such charges against a member or beneficiary
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if the resolution of such charges could require the forfeiture of
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benefits as provided in paragraph (f), paragraph (g), paragraph
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(h), or paragraph (i), or paragraph (j).
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Section 5. Section 794.09, Florida Statutes, is created to
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read:
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794.09 Forfeiture of retirement benefits.--The retirement
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benefits of a person convicted of a felony committed on or after
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October 1, 2008, under this chapter are subject to forfeiture in
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public officer or employee when the offense occurs; the person
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commits the offense through the use or attempted use of power,
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rights, privileges, duties, or position of the person's public
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office or employment position; and the victim is younger than 18
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years of age when the offense occurs.
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Section 6. Section 800.05, Florida Statutes, is created to:
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800.05 Forfeiture of retirement benefits for a felony
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defined in s. 800.04.--The retirement benefits of a person
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convicted of a felony committed on or after October 1, 2008,
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defined in s. 800.04 are subject to forfeiture in accordance with
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employee when the offense occurs; the person commits the offense
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through the use or attempted use of power, rights, privileges,
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duties, or position of the person's public office or employment
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position; and the victim is younger than 16 years of age when the
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offense occurs.
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Section 7. Subsection (4) of section 1001.10, Florida
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Statutes, is renumbered as subsection (6) and new subsections (4)
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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 school districts, charter schools, the Florida
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School for the Deaf and the Blind, and private schools that
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development of policies, procedures, and training related to
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employment practices and standards of ethical conduct for
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instructional personnel and school administrators, as defined in
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s. 1012.01.
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(5) The Department of Education shall provide authorized
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staff of school districts, charter schools, the Florida School
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for the Deaf and the Blind, and private schools that accept
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to 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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This subsection does not require the department to provide these
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staff with unlimited access to the databases. However, the
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department shall provide the staff with access to the data
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necessary for performing employment history checks of the
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instructional personnel and school administrators included in the
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databases.
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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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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. Subsections (6) through (23) of section 1001.42,
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Florida Statutes, are renumbered as subsections (8) through (25),
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respectively, and new subsections (6) and (7) are added to that
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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) STANDARDS OF ETHICAL CONDUCT FOR INSTRUCTIONAL
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PERSONNEL AND SCHOOL ADMINISTRATORS.--Adopt policies establishing
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standards of ethical conduct for instructional personnel and
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school administrators. The policies must require all
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instructional personnel and school administrators, as defined in
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s. 1012.01, to complete training on the standards; establish the
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duty of instructional personnel and school administrators to
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report, and procedures for reporting, alleged misconduct by other
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instructional personnel and school administrators which affects
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the health, safety, or welfare of a student; and include an
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explanation of the liability protections provided under ss.
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employees, may not enter into a confidentiality agreement
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regarding terminated or dismissed instructional personnel or
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school administrators, or personnel or administrators who resign
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in lieu of termination, based in whole or in part on misconduct
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that affects the health, safety, or welfare of a student, and may
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not provide instructional personnel or school administrators with
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employment references or discuss the personnel's or
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administrators' performance with prospective employers in another
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educational setting, without disclosing the personnel's or
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administrators' misconduct. Any part of an agreement or contract
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that has the purpose or effect of concealing misconduct by
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instructional personnel or school administrators which affects
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the health, safety, or welfare of a student is void, is contrary
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to public policy, and may not be enforced.
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(7) DISQUALIFICATION FROM EMPLOYMENT.--Disqualify
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instructional personnel and school administrators, as defined in
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s. 1012.01, from employment in any position that requires direct
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contact with students if the personnel or administrators are
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ineligible for such employment under s. 1012.315. An elected or
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appointed school board official forfeits his or her salary for 1
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year if:
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(a) The school board official knowingly signs and transmits
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to any state official a report of alleged misconduct by
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instructional personnel or school administrators which affects
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the health, safety, or welfare of a student and the school board
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official knows the report to be false or incorrect; or
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(b) The school board official knowingly fails to adopt
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policies that require instructional personnel and school
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administrators to report alleged misconduct by other
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instructional personnel and school administrators, or that
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require the investigation of all reports of alleged misconduct by
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instructional personnel and school administrators, if the
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misconduct affects the health, safety, or welfare of a student.
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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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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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(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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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
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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
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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
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required, as follows:
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(a) Forms, blanks, and reports.--Require that all employees
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accurately keep all records and promptly make in proper form all
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reports required by the education code or by rules of the State
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Board of Education; recommend the keeping of such additional
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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
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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 that
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the superintendent knows to be false or incorrect; who knowingly
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fails to investigate any allegation of misconduct by
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instructional personnel or school administrators, as defined in
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s. 1012.01, which affects the health, safety, or welfare of a
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student; or who knowingly fails to report the alleged misconduct
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to the department as required in s. 1012.796, forfeits shall
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forfeit his or her right to any salary for the period of 1 year
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following the from that date of such act or failure to act.
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Section 12. Subsection (2) of section 1001.54, Florida
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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
532
school improvement plan pursuant to s. 1001.42(18) s.
533
1001.42(16).
534
Section 13. Paragraph (b) of subsection (11) of section
535
1002.32, Florida Statutes, is amended to read:
536
1002.32 Developmental research (laboratory) schools.--
537
(11) EXCEPTIONS TO LAW.--To encourage innovative practices
538
and facilitate the mission of the lab schools, in addition to the
539
exceptions to law specified in s. 1001.23(2), the following
540
exceptions shall be permitted for lab schools:
542
1001.42 shall be held in abeyance. Reference to district school
544
of the university or the president's designee.
545
Section 14. Paragraph (g) of subsection (12) of section
546
1002.33, Florida Statutes, is amended to read:
547
1002.33 Charter schools.--
548
(12) EMPLOYEES OF CHARTER SCHOOLS.--
549
(g)1. A charter school shall employ or contract with
550
employees who have undergone background screening as provided in
551
s. 1012.32. Members of the governing board of the charter school
552
shall also undergo background screening in a manner similar to
553
that provided in s. 1012.32.
554
2. A charter school shall disqualify instructional
555
personnel and school administrators, as defined in s. 1012.01,
556
from employment in any position that requires direct contact with
557
students if the personnel or administrators are ineligible for
558
such employment under s. 1012.315.
559
3. The governing board of a charter school shall adopt
560
policies establishing standards of ethical conduct for
561
instructional personnel and school administrators. The policies
562
must require all instructional personnel and school
563
administrators, as defined in s. 1012.01, to complete training on
564
the standards; establish the duty of instructional personnel and
565
school administrators to report, and procedures for reporting,
566
alleged misconduct by other instructional personnel and school
567
administrators which affects the health, safety, or welfare of a
568
student; and include an explanation of the liability protections
570
of its employees, may not enter into a confidentiality agreement
571
regarding terminated or dismissed instructional personnel or
572
school administrators, or personnel or administrators who resign
573
in lieu of termination, based in whole or in part on misconduct
574
that affects the health, safety, or welfare of a student, and may
575
not provide instructional personnel or school administrators with
576
employment references or discuss the personnel's or
577
administrators' performance with prospective employers in another
578
educational setting, without disclosing the personnel's or
579
administrators' misconduct. Any part of an agreement or contract
580
that has the purpose or effect of concealing misconduct by
581
instructional personnel or school administrators which affects
582
the health, safety, or welfare of a student is void, is contrary
583
to public policy, and may not be enforced.
584
4. Before employing instructional personnel or school
585
administrators in any position that requires direct contact with
586
students, a charter school shall conduct employment history
587
checks of each of the personnel's or administrators' previous
588
employer, screen the instructional personnel or school
589
administrators through use of the educator screening tools
590
described in s. 1001.10(5), and document the findings. If unable
591
to contact a previous employer, the charter school must document
592
efforts to contact the employer.
593
5. The sponsor of a charter school that knowingly fails to
594
comply with this paragraph shall terminate the charter under
595
subsection (8).
596
Section 15. Paragraph (g) is added to subsection (7) of
597
section 1002.36, Florida Statutes, to read:
598
1002.36 Florida School for the Deaf and the Blind.--
599
(7) PERSONNEL SCREENING.--
600
(g) For purposes of protecting the health, safety, or
601
welfare of students, the Florida School for the Deaf and the
602
Blind is considered a school district and must, except as
603
otherwise provided in this section, comply with ss. 1001.03,
606
Section 16. Subsections (4), (5), and (6) of section
607
1002.421, Florida Statutes, are renumbered as subsections (5),
608
(6), and (7), respectively, and a new subsection (4) is added to
609
that section to read:
610
1002.421 Accountability of private schools participating in
611
state school choice scholarship programs.--
612
(4) A private school that accepts scholarship students
614
(a) Disqualify instructional personnel and school
615
administrators, as defined in s. 1012.01, from employment in any
616
position that requires direct contact with students if the
617
personnel or administrators are ineligible for such employment
618
under s. 1012.315.
619
(b) Adopt policies establishing standards of ethical
620
conduct for instructional personnel and school administrators.
621
The policies must require all instructional personnel and school
622
administrators, as defined in s. 1012.01, to complete training on
623
the standards; establish the duty of instructional personnel and
624
school administrators to report, and procedures for reporting,
625
alleged misconduct by other instructional personnel and school
626
administrators which affects the health, safety, or welfare of a
627
student; and include an explanation of the liability protections
629
of its employees, may not enter into a confidentiality agreement
630
regarding terminated or dismissed instructional personnel or
631
school administrators, or personnel or administrators who resign
632
in lieu of termination, based in whole or in part on misconduct
633
that affects the health, safety, or welfare of a student, and may
634
not provide the instructional personnel or school administrators
635
with employment references or discuss the personnel's or
636
administrators' performance with prospective employers in another
637
educational setting, without disclosing the personnel's or
638
administrators' misconduct. Any part of an agreement or contract
639
that has the purpose or effect of concealing misconduct by
640
instructional personnel or school administrators which affects
641
the health, safety, or welfare of a student is void, is contrary
642
to public policy, and may not be enforced.
643
(c) Before employing instructional personnel or school
644
administrators in any position that requires direct contact with
645
students, conduct employment history checks of each of the
646
personnel's or administrators' previous employer, screen the
647
personnel or administrators through use of the educator screening
648
tools described in s. 1001.10(5), and document the findings. If
649
unable to contact a previous employer, the private school must
650
document efforts to contact the employer.
651
652
The department shall suspend the payment of funds under ss.
654
comply with this subsection, and shall prohibit the school from
655
enrolling new scholarship students, for 1 fiscal year and until
656
the school complies.
657
Section 17. Subsection (2) of section 1003.413, Florida
658
Statutes, is amended to read:
659
1003.413 Florida Secondary School Redesign Act.--
660
(2) The following guiding principles for secondary school
661
redesign shall be used in the annual preparation of each
662
secondary school's improvement plan required by s. 1001.42(18) s.
663
1001.42(16):
664
(a) Struggling students, especially those in failing
665
schools, need the highest quality teachers and dramatically
666
different, innovative approaches to teaching and learning.
667
(b) Every teacher must contribute to every student's
668
reading improvement.
669
(c) Quality professional development provides teachers and
670
principals with the tools they need to better serve students.
671
(d) Small learning communities allow teachers to
672
personalize instruction to better address student learning
673
styles, strengths, and weaknesses.
674
(e) Intensive intervention in reading and mathematics must
675
occur early and through innovative delivery systems.
676
(f) Parents need access to tools they can use to monitor
677
their child's progress in school, communicate with teachers, and
678
act early on behalf of their child.
679
(g) Applied and integrated courses help students see the
680
relationships between subjects and relevance to their futures.
681
(h) School is more relevant when students choose courses
682
based on their goals, interests, and talents.
683
(i) Master schedules should not determine instruction and
684
must be designed based on student needs, not adult or
685
institutional needs.
686
(j) Academic and career planning engages students in
687
developing a personally meaningful course of study so they can
688
achieve goals they have set for themselves.
689
Section 18. Paragraph (b) of subsection (2) of section
690
1003.53, Florida Statutes, is amended to read:
691
1003.53 Dropout prevention and academic intervention.--
692
(2)
693
(b) Each school that establishes a dropout prevention and
694
academic intervention program at that school site shall reflect
695
that program in the school improvement plan as required under s.
697
Section 19. Subsections (1) and (3) of section 1004.92,
698
Florida Statutes, are amended to read:
699
1004.92 Purpose and responsibilities for career
700
education.--
701
(1) The purpose of career education is to enable students
702
who complete career programs to attain and sustain employment and
703
realize economic self-sufficiency. The purpose of this section is
704
to identify issues related to career education for which school
705
boards and community college boards of trustees are accountable.
706
It is the intent of the Legislature that the standards
707
articulated in subsection (2) be considered in the development of
708
accountability standards for public schools pursuant to ss.
710
colleges pursuant to s. 1008.45.
711
(3) Each career center operated by a district school board
712
shall establish a center advisory council pursuant to s.
713
1001.452. The center advisory council shall assist in the
714
preparation and evaluation of center improvement plans required
716
assistance, upon the request of the center director, in the
717
preparation of the center's annual budget and plan as required by
718
s. 1008.385(1).
719
Section 20. Section 1006.061, Florida Statutes, is amended
720
to read:
721
1006.061 Child abuse, abandonment, and neglect
722
policy.--Each district school board, charter school, and private
723
school that accepts scholarship students under s. 220.187 or s.
724
1002.39 shall:
725
(1) Post in a prominent place in each school a notice that,
726
pursuant to chapter 39, all employees and agents of the district
727
school board, charter school, or private school have an
728
affirmative duty to report all actual or suspected cases of child
729
abuse, abandonment, or neglect; have immunity from liability if
730
they report such cases in good faith; and have a duty to comply
731
with child protective investigations and all other provisions of
732
law relating to child abuse, abandonment, and neglect. The notice
733
shall also include the statewide toll-free telephone number of
734
the central abuse hotline.
735
(2) Post in a prominent place at each school site and on
736
each school's Internet website, if available, the policies and
737
procedures for reporting alleged misconduct by instructional
738
personnel or school administrators which affects the health,
739
safety, or welfare of a student; the contact person to whom the
740
report is made; and the penalties imposed on instructional
741
personnel or school administrators who fail to report suspected
742
or actual child abuse or alleged misconduct by other
743
instructional personnel or school administrators.
744
(3)(2) Require the principal of the charter school or
745
private school, or the district school superintendent, or the
746
superintendent's designee, at the request of the Department of
747
Children and Family Services, to act as a liaison to the
748
Department of Children and Family Services and the child
749
protection team, as defined in s. 39.01, when in a case of
750
suspected child abuse, abandonment, or neglect or an unlawful
751
sexual offense involving a child the case is referred to such a
752
team; except that this does not relieve or restrict the
753
Department of Children and Family Services from discharging its
754
duty and responsibility under the law to investigate and report
755
every suspected or actual case of child abuse, abandonment, or
756
neglect or unlawful sexual offense involving a child.
757
758
The Department of Education shall develop, and publish on the
759
department's Internet website, sample notices suitable for
760
posting in accordance with subsections (1) and (2).
761
Section 21. Subsection (4) of section 1008.33, Florida
762
Statutes, is amended to read:
763
1008.33 Authority to enforce public school improvement.--It
764
is the intent of the Legislature that all public schools be held
765
accountable for students performing at acceptable levels. A
766
system of school improvement and accountability that assesses
767
student performance by school, identifies schools in which
768
students are not making adequate progress toward state standards,
769
institutes appropriate measures for enforcing improvement, and
770
provides rewards and sanctions based on performance shall be the
771
responsibility of the State Board of Education.
772
(4) The State Board of Education may require the Department
773
of Education or Chief Financial Officer to withhold any transfer
774
of state funds to the school district if, within the timeframe
775
specified in state board action, the school district has failed
776
to comply with the action ordered to improve the district's low-
777
performing schools. Withholding the transfer of funds shall occur
778
only after all other recommended actions for school improvement
779
have failed to improve performance. The State Board of Education
780
may impose the same penalty on any district school board that
781
fails to develop and implement a plan for assistance and
782
intervention for low-performing schools as specified in s.
784
Section 22. Paragraph (c) of subsection (6) of section
785
1008.345, Florida Statutes, is amended to read:
786
1008.345 Implementation of state system of school
787
improvement and education accountability.--
788
(6)
789
(c) Pursuant to s. 24.121(5)(d), the department shall not
790
release funds from the Educational Enhancement Trust Fund to any
791
district in which a school, including schools operating for the
792
purpose of providing educational services to youth in Department
793
of Juvenile Justice programs, does not have an approved school
795
after 1 full school year of planning and development, or does not
796
comply with school advisory council membership composition
797
requirements pursuant to s. 1001.452. The department shall send a
798
technical assistance team to each school without an approved plan
799
to develop such school improvement plan or to each school without
800
appropriate school advisory council membership composition to
801
develop a strategy for corrective action. The department shall
802
release the funds upon approval of the plan or upon establishment
803
of a plan of corrective action. Notice shall be given to the
804
public of the department's intervention and shall identify each
805
school without a plan or without appropriate school advisory
806
council membership composition.
807
Section 23. Subsection (5) of section 1010.215, Florida
808
Statutes, is amended to read:
809
1010.215 Educational funding accountability.--
810
(5) The annual school public accountability report required
812
financial report. The purpose of the school financial report is
813
to better inform parents and the public concerning how funds were
814
spent to operate the school during the prior fiscal year. Each
815
school's financial report must follow a uniform, districtwide
816
format that is easy to read and understand.
817
(a) Total revenue must be reported at the school, district,
818
and state levels. The revenue sources that must be addressed are
819
state and local funds, other than lottery funds; lottery funds;
820
federal funds; and private donations.
821
(b) Expenditures must be reported as the total expenditures
822
per unweighted full-time equivalent student at the school level
823
and the average expenditures per full-time equivalent student at
824
the district and state levels in each of the following categories
825
and subcategories:
826
1. Teachers, excluding substitute teachers, and education
827
paraprofessionals who provide direct classroom instruction to
828
students enrolled in programs classified by s. 1011.62 as:
829
a. Basic programs;
830
b. Students-at-risk programs;
831
c. Special programs for exceptional students;
832
d. Career education programs; and
833
e. Adult programs.
834
2. Substitute teachers.
835
3. Other instructional personnel, including school-based
836
instructional specialists and their assistants.
837
4. Contracted instructional services, including training
838
for instructional staff and other contracted instructional
839
services.
840
5. School administration, including school-based
841
administrative personnel and school-based education support
842
personnel.
843
6. The following materials, supplies, and operating capital
844
outlay:
845
a. Textbooks;
846
b. Computer hardware and software;
847
c. Other instructional materials;
848
d. Other materials and supplies; and
849
e. Library media materials.
850
7. Food services.
851
8. Other support services.
852
9. Operation and maintenance of the school plant.
853
(c) The school financial report must also identify the
854
types of district-level expenditures that support the school's
855
operations. The total amount of these district-level expenditures
856
must be reported and expressed as total expenditures per full-
857
time equivalent student.
858
Section 24. Paragraph (b) of subsection (6) of section
859
1011.18, Florida Statutes, is amended to read:
860
1011.18 School depositories; payments into and withdrawals
861
from depositories.--
862
(6) EXEMPTION FOR SELF-INSURANCE PROGRAMS AND THIRD-PARTY
863
ADMINISTERED EMPLOYEES' FRINGE BENEFIT PROGRAMS.--
864
(b) The district school board may contract with an
865
insurance company or professional administrator who holds a valid
866
certificate of authority issued by the Office of Insurance
867
Regulation of the Financial Services Commission to provide any or
868
all services that a third-party administrator is authorized by
869
law to perform. Pursuant to such contract, the district school
870
board may advance or remit money to the administrator to be
871
deposited in a designated special checking account for paying
872
claims against the district school board under its self-insurance
873
programs, and remitting premiums to the providers of insured
874
benefits on behalf of the district school board and the
875
participants in such programs, and otherwise fulfilling the
876
obligations imposed upon the administrator by law and the
877
contractual agreements between the district school board and the
878
administrator. The special checking account shall be maintained
879
in a designated district school depository. The district school
880
board may replenish such account as often as necessary upon the
881
presentation by the service organization of documentation for
882
claims or premiums due paid equal to the amount of the requested
883
reimbursement. Such replenishment shall be made by a warrant
884
signed by the chair of the district school board and
885
countersigned by the district school superintendent. Such
886
replenishment may be made by electronic, telephonic, or other
887
medium, and each transfer shall be confirmed in writing and
888
signed by the district school superintendent or his or her
889
designee. The provisions of strict accountability of all funds
890
and an annual audit by an independent certified public accountant
892
this subsection.
893
Section 25. Subsection (6) of section 1012.27, Florida
894
Statutes, is renumbered as subsection (7), and a new subsection
895
(6) is added to that section to read:
896
1012.27 Public school personnel; powers and duties of
897
district school superintendent.--The district school
898
superintendent is responsible for directing the work of the
899
personnel, subject to the requirements of this chapter, and in
900
addition the district school superintendent shall perform the
901
following:
902
(6) EMPLOYMENT HISTORY CHECKS.--Before employing
903
instructional personnel and school administrators, as defined in
904
s. 1012.01, in any position that requires direct contact with
905
students, conduct employment history checks of each of the
906
personnel's or administrators' previous employer, screen the
907
personnel or administrators through use of the educator screening
908
tools described in s. 1001.10(5), and document the findings. If
909
unable to contact a previous employer, the district school
910
superintendent shall document efforts to contact the employer.
911
Section 26. Section 1012.315, Florida Statutes, is created
912
to read:
913
1012.315 Disqualification from employment.--A person is
914
ineligible for educator certification, and instructional
915
personnel and school administrators, as defined in s. 1012.01,
916
are ineligible for employment in any position that requires
917
direct contact with students in a district school system, charter
918
school, or private school that accepts scholarship students under
920
or school administrator has been convicted of:
921
(1) Any felony offense prohibited under any of the
922
following statutes:
923
(a) Section 393.135, relating to sexual misconduct with
924
certain developmentally disabled clients and reporting of such
925
sexual misconduct.
926
(b) Section 394.4593, relating to sexual misconduct with
927
certain mental health patients and reporting of such sexual
928
misconduct.
929
(c) Section 415.111, relating to adult abuse, neglect, or
930
exploitation of aged persons or disabled adults.
931
(d) Section 782.04, relating to murder.
932
(e) Section 782.07, relating to manslaughter, aggravated
933
manslaughter of an elderly person or disabled adult, aggravated
934
manslaughter of a child, or aggravated manslaughter of an
935
officer, a firefighter, an emergency medical technician, or a
936
paramedic.
937
(f) Section 784.021, relating to aggravated assault.
938
(g) Section 784.045, relating to aggravated battery.
939
(h) Section 784.075, relating to battery on a detention or
940
commitment facility staff member or a juvenile probation officer.
941
(i) Section 787.01, relating to kidnapping.
942
(j) Section 787.02, relating to false imprisonment.
943
(k) Section 787.025, relating to luring or enticing a
944
child.
945
(l) Section 787.04(2), relating to leading, taking,
946
enticing, or removing a minor beyond the state limits, or
947
concealing the location of a minor, with criminal intent pending
948
custody proceedings.
949
(m) Section 787.04(3), relating to leading, taking,
950
enticing, or removing a minor beyond the state limits, or
951
concealing the location of a minor, with criminal intent pending
952
dependency proceedings or proceedings concerning alleged abuse or
953
neglect of a minor.
954
(n) Section 790.115(1), relating to exhibiting firearms or
955
weapons at a school-sponsored event, on school property, or
956
within 1,000 feet of a school.
957
(o) Section 790.115(2)(b), relating to possessing an
958
electric weapon or device, destructive device, or other weapon at
959
a school-sponsored event or on school property.
960
(p) Section 794.011, relating to sexual battery.
961
(q) Former s. 794.041, relating to sexual activity with or
962
solicitation of a child by a person in familial or custodial
963
authority.
964
(r) Section 794.05, relating to unlawful sexual activity
965
with certain minors.
966
(s) Section 794.08, relating to female genital mutilation.
967
(t) Chapter 796, relating to prostitution.
968
(u) Chapter 800, relating to lewdness and indecent
969
exposure.
970
(v) Section 806.01, relating to arson.
971
(w) Section 810.14, relating to voyeurism.
972
(x) Section 810.145, relating to video voyeurism.
973
(y) Section 812.014(6), relating to coordinating the
974
commission of theft in excess of $3,000.
975
(z) Section 812.0145, relating to theft from persons 65
976
years of age or older.
977
(aa) Section 812.019, relating to dealing in stolen
978
property.
979
(bb) Section 812.13, relating to robbery.
980
(cc) Section 812.131, relating to robbery by sudden
981
snatching.
982
(dd) Section 812.133, relating to carjacking.
983
(ee) Section 812.135, relating to home-invasion robbery.
984
(ff) Section 817.563, relating to fraudulent sale of
985
controlled substances.
986
(gg) Section 825.102, relating to abuse, aggravated abuse,
987
or neglect of an elderly person or disabled adult.
988
(hh) Section 825.103, relating to exploitation of an
989
elderly person or disabled adult.
990
(ii) Section 825.1025, relating to lewd or lascivious
991
offenses committed upon or in the presence of an elderly person
992
or disabled person.
993
(jj) Section 826.04, relating to incest.
994
(kk) Section 827.03, relating to child abuse, aggravated
995
child abuse, or neglect of a child.
996
(ll) Section 827.04, relating to contributing to the
997
delinquency or dependency of a child.
998
(mm) Section 827.071, relating to sexual performance by a
999
child.
1000
(nn) Section 843.01, relating to resisting arrest with
1001
violence.
1002
(oo) Chapter 847, relating to obscenity.
1003
(pp) Section 874.05, relating to causing, encouraging,
1004
soliciting, or recruiting another to join a criminal street gang.
1005
(qq) Chapter 893, relating to drug abuse prevention and
1006
control, if the offense was a felony of the second degree or
1007
greater severity.
1008
(rr) Section 916.1075, relating to sexual misconduct with
1009
certain forensic clients and reporting of such sexual misconduct.
1010
(ss) Section 944.47, relating to introduction, removal, or
1011
possession of contraband at a correctional facility.
1012
(tt) Section 985.701, relating to sexual misconduct in
1013
juvenile justice programs.
1014
(uu) Section 985.711, relating to introduction, removal, or
1015
possession of contraband at a juvenile detention facility or
1016
commitment program.
1017
(2) Any misdemeanor offense prohibited under any of the
1018
following statutes:
1019
(a) Section 784.03, relating to battery, if the victim of
1020
the offense was a minor.
1021
(b) Section 787.025, relating to luring or enticing a
1022
child.
1023
(3) Any criminal act committed in another state or under
1024
federal law which, if committed in this state, constitutes an
1025
offense prohibited under any statute listed in subsection (1) or
1026
subsection (2).
1027
(4) Any delinquent act committed in this state or any
1028
delinquent or criminal act committed in another state or under
1029
federal law which, if committed in this state, qualifies an
1030
individual for inclusion on the Registered Juvenile Sex Offender
1031
List under s. 943.0435(1)(a)1.d.
1032
Section 27. Subsections (1) and (2) and paragraph (c) of
1033
subsection (3) of section 1012.32, Florida Statutes, are amended
1034
to read:
1035
1012.32 Qualifications of personnel.--
1036
(1) To be eligible for appointment in any position in any
1037
district school system, a person must shall be of good moral
1038
character; must shall have attained the age of 18 years, if he or
1039
she is to be employed in an instructional capacity; must not be
1040
ineligible for such employment under s. 1012.315; and must shall,
1041
when required by law, hold a certificate or license issued under
1042
rules of the State Board of Education or the Department of
1043
Children and Family Services, except when employed pursuant to s.
1045
residence in this state shall not be required in any school of
1046
the state as a prerequisite for any person holding a valid
1047
Florida certificate or license to serve in an instructional
1048
capacity.
1049
(2)(a) Instructional and noninstructional personnel who are
1050
hired or contracted to fill positions that require requiring
1051
direct contact with students in any district school system or
1052
university lab school must shall, upon employment or engagement
1053
to provide services, undergo background screening as required
1055
(b) Instructional and noninstructional personnel who are
1056
hired or contracted to fill positions in any charter school and
1057
members of the governing board of any charter school, in
1058
compliance with s. 1002.33(12)(g), must shall, upon employment,
1059
engagement of services, or appointment, undergo background
1061
is applicable, by filing with the district school board for the
1062
school district in which the charter school is located a complete
1063
set of fingerprints taken by an authorized law enforcement agency
1064
or an employee of the school or school district who is trained to
1065
take fingerprints.
1066
(c) Instructional and noninstructional personnel who are
1067
hired or contracted to fill positions that require requiring
1068
direct contact with students in an alternative school that
1069
operates under contract with a district school system must shall,
1070
upon employment or engagement to provide services, undergo
1072
whichever is applicable, by filing with the district school board
1073
for the school district to which the alternative school is under
1074
contract a complete set of fingerprints taken by an authorized
1075
law enforcement agency or an employee of the school or school
1076
district who is trained to take fingerprints.
1077
(d) Student teachers, persons participating in a field
1079
participating in a short-term experience as a teacher assistant
1080
pursuant to s. 1004.04(10) in any district school system, lab
1081
school, or charter school must shall, upon engagement to provide
1082
services, undergo background screening as required under s.
1083
1084
1085
Fingerprints shall be submitted to the Department of Law
1086
Enforcement for statewide criminal and juvenile records checks
1087
state processing and to the Federal Bureau of Investigation for
1088
federal criminal records checks processing. A person Persons
1089
subject to this subsection who is found ineligible for employment
1090
under s. 1012.315, or otherwise found through background
1091
screening fingerprint processing to have been convicted of any a
1092
crime involving moral turpitude as defined by rule of the State
1093
Board of Education, shall not be employed, engaged to provide
1094
services, or serve in any position that requires requiring direct
1095
contact with students. Probationary persons subject to this
1096
subsection terminated because of their criminal record have the
1097
right to appeal such decisions. The cost of the background
1098
screening may be borne by the district school board, the charter
1099
school, the employee, the contractor, or a person subject to this
1100
subsection.
1101
(3)
1102
(c) Personnel whose fingerprints are not retained by the
1103
Department of Law Enforcement under paragraphs (a) and (b) must
1104
are required to be refingerprinted and rescreened in accordance
1105
with subsection (2) must meet level 2 screening requirements as
1106
described in this section upon reemployment or reengagement to
1107
provide services in order to comply with the requirements of this
1108
subsection.
1109
Section 28. Paragraph (a) of subsection (1), paragraph (c)
1110
of subsection (4), and paragraph (b) of subsection (6) of section
1111
1012.33, Florida Statutes, are amended to read:
1112
1012.33 Contracts with instructional staff, supervisors,
1113
and school principals.--
1114
(1)(a) Each person employed as a member of the
1115
instructional staff in any district school system shall be
1117
employed pursuant to s. 1012.39 and shall be entitled to and
1118
shall receive a written contract as specified in this section.
1119
All such contracts, except continuing contracts as specified in
1120
subsection (4), shall contain provisions for dismissal during the
1121
term of the contract only for just cause. Just cause includes,
1122
but is not limited to, the following instances, as defined by
1123
rule of the State Board of Education: immorality, misconduct in
1124
office, incompetency, gross insubordination, willful neglect of
1125
duty, or being convicted or found guilty of, or entering a plea
1126
of guilty to, regardless of adjudication of guilt, any or
1127
conviction of a crime involving moral turpitude.
1128
(4)
1129
(c) Any member of the district administrative or
1130
supervisory staff and any member of the instructional staff,
1131
including any school principal, who is under continuing contract
1132
may be suspended or dismissed at any time during the school year;
1133
however, the charges against him or her must be based on
1134
immorality, misconduct in office, incompetency, gross
1135
insubordination, willful neglect of duty, drunkenness, or being
1136
convicted or found guilty of, or entering a plea of guilty to,
1137
regardless of adjudication of guilt, any conviction of a crime
1138
involving moral turpitude, as these terms are defined by rule of
1139
the State Board of Education. Whenever such charges are made
1140
against an any such employee of the district school board, the
1141
district school board may suspend such person without pay; but,
1142
if the charges are not sustained, he or she shall be immediately
1143
reinstated, and his or her back salary shall be paid. In cases of
1144
suspension by the district school board or by the district school
1145
superintendent, the district school board shall determine upon
1146
the evidence submitted whether the charges have been sustained
1147
and, if the charges are sustained, shall determine either to
1148
dismiss the employee or fix the terms under which he or she may
1149
be reinstated. If such charges are sustained by a majority vote
1150
of the full membership of the district school board and the such
1151
employee is discharged, his or her contract of employment shall
1152
be thereby canceled. Any such decision adverse to the employee
1153
may be appealed by the employee pursuant to s. 120.68, provided
1154
the such appeal is filed within 30 days after the decision of the
1155
district school board.
1156
(6)
1157
(b) Any member of the district administrative or
1158
supervisory staff, including any principal but excluding an
1159
employee specified in subsection (4), may be suspended or
1160
dismissed at any time during the term of the contract; however,
1161
the charges against him or her must be based on immorality,
1162
misconduct in office, incompetency, gross insubordination,
1163
willful neglect of duty, drunkenness, or being convicted or found
1164
guilty of, or entering a plea of guilty, regardless of
1165
adjudication of guilt, conviction of any crime involving moral
1166
turpitude, as these terms are defined by rule of the State Board
1167
of Education. Whenever such charges are made against an any such
1168
employee of the district school board, the district school board
1169
may suspend the employee without pay; but, if the charges are not
1170
sustained, he or she shall be immediately reinstated, and his or
1171
her back salary shall be paid. In cases of suspension by the
1172
district school board or by the district school superintendent,
1173
the district school board shall determine upon the evidence
1174
submitted whether the charges have been sustained and, if the
1175
charges are sustained, shall determine either to dismiss the
1176
employee or fix the terms under which he or she may be
1177
reinstated. If such charges are sustained by a majority vote of
1178
the full membership of the district school board and the such
1179
employee is discharged, his or her contract of employment shall
1180
be thereby canceled. Any such decision adverse to the employee
1181
may be appealed by him or her pursuant to s. 120.68, provided
1182
such appeal is filed within 30 days after the decision of the
1183
district school board.
1184
Section 29. Subsection (4) of section 1012.34, Florida
1185
Statutes, is amended to read:
1186
1012.34 Assessment procedures and criteria.--
1187
(4) The district school superintendent shall notify the
1188
department of any instructional personnel who receive two
1189
consecutive unsatisfactory evaluations and who have been given
1190
written notice by the district that their employment is being
1191
terminated or is not being renewed or that the district school
1192
board intends to terminate, or not renew, their employment. The
1193
department shall conduct an investigation to determine whether
1194
action shall be taken against the certificateholder pursuant to
1196
Section 30. Subsections (9) and (14) of section 1012.56,
1197
Florida Statutes, are amended to read:
1198
1012.56 Educator certification requirements.--
1199
(9) BACKGROUND SCREENING REQUIRED, INITIALLY AND
1200
PERIODICALLY.--
1201
(a) Each person who seeks certification under this chapter
1202
must be fingerprinted and screened meet level 2 screening
1203
requirements as described in accordance with s. 1012.32 and must
1204
not be ineligible for such certification under s. 1012.315. A
1205
person who has been screened in accordance with s. 1012.32 unless
1206
a level 2 screening has been conducted by a district school board
1207
or the Department of Education within 12 months before the date
1208
the person initially obtains certification under this chapter,
1209
the results of which are submitted to the district school board
1210
or to the Department of Education, is not required to repeat the
1211
screening under this paragraph.
1212
(b) A person may not receive a certificate under this
1213
chapter until the person's level 2 screening under s. 1012.32 is
1214
has been completed and the results have been submitted to the
1215
Department of Education or to the district school superintendent
1216
of the school district that employs the person. Every 5 years
1217
after obtaining initial certification, each person who is
1218
required to be certified under this chapter must be rescreened
1219
meet level 2 screening requirements as described in accordance
1220
with s. 1012.32, at which time the school district shall request
1221
the Department of Law Enforcement to forward the fingerprints to
1222
the Federal Bureau of Investigation for federal criminal records
1223
checks the level 2 screening. If, for any reason after obtaining
1224
initial certification, the fingerprints of a person who is
1225
required to be certified under this chapter are not retained by
1226
the Department of Law Enforcement under s. 1012.32(3)(a) and (b),
1227
the person must file a complete set of fingerprints with the
1228
district school superintendent of the employing school district.
1229
Upon submission of fingerprints for this purpose, the school
1230
district shall request the Department of Law Enforcement to
1231
forward the fingerprints to the Federal Bureau of Investigation
1232
for federal criminal records checks the level 2 screening, and
1233
the fingerprints shall be retained by the Department of Law
1234
Enforcement under s. 1012.32(3)(a) and (b). The cost of the state
1235
and federal criminal history checks check required by paragraph
1236
(a) and this paragraph level 2 screening may be borne by the
1237
district school board or the employee. Under penalty of perjury,
1238
each person who is certified under this chapter must agree to
1239
inform his or her employer within 48 hours if convicted of any
1240
disqualifying offense while he or she is employed in a position
1241
for which such certification is required.
1242
(c) If it is found under s. 1012.796 that a person who is
1243
employed in a position requiring certification under this chapter
1244
has does not been screened in accordance with s. 1012.32, or is
1245
ineligible for such certification under s. 1012.315 meet the
1246
level 2 screening requirements, the person's certification shall
1247
be immediately revoked or suspended and he or she shall be
1248
immediately suspended from the position requiring certification.
1249
(14) PERSONNEL RECORDS.--The Department of Education shall
1250
maintain an electronic database that includes, but need not be
1251
limited to, a complete statement of the academic preparation,
1252
professional training, and teaching experience of each person to
1253
whom a certificate is issued. The applicant or the district
1254
school superintendent shall furnish the information using a
1255
format or forms provided by the department.
1256
Section 31. Subsection (1) and paragraph (a) of subsection
1257
(8) of section 1012.79, Florida Statutes, are amended to read:
1258
1012.79 Education Practices Commission; organization.--
1259
(1) The Education Practices Commission consists of 25 17
1260
members, including 8 7 teachers;, 5 administrators, at least one
1261
of whom shall represent a private school; 7 and 5 lay citizens, 5
1262
(of whom shall be parents of public school students and who are
1263
unrelated to public school employees and 2 of whom shall be
1264
former district school board members;), and 5 sworn law
1265
enforcement officials, appointed by the State Board of Education
1266
from nominations by the Commissioner of Education and subject to
1267
Senate confirmation. Prior to making nominations, the
1268
commissioner shall consult with the teaching associations, parent
1269
organizations, law enforcement agencies, and other involved
1270
associations in the state. In making nominations, the
1271
commissioner shall attempt to achieve equal geographical
1272
representation, as closely as possible.
1273
(a) A teacher member, in order to be qualified for
1274
appointment:
1275
1. Must be certified to teach in the state.
1276
2. Must be a resident of the state.
1277
3. Must have practiced the profession in this state for at
1278
least 5 years immediately preceding the appointment.
1279
(b) A school administrator member, in order to be qualified
1280
for appointment:
1281
1. Must have an endorsement on the educator certificate in
1282
the area of school administration or supervision.
1283
2. Must be a resident of the state.
1284
3. Must have practiced the profession as an administrator
1285
for at least 5 years immediately preceding the appointment.
1286
(c) The lay members must be residents of the state.
1287
(d) The law enforcement official members must have served
1288
in the profession for at least 5 years immediately preceding
1289
appointment and have background expertise in child safety.
1290
(8)(a) The commission shall, from time to time, designate
1291
members of the commission to serve on panels for the purpose of
1292
reviewing and issuing final orders upon cases presented to the
1293
commission. A case concerning a complaint against a teacher shall
1294
be reviewed and a final order thereon shall be entered by a panel
1295
composed of five commission members, at least one of whom must be
1296
a parent or a sworn law enforcement officer and at least three of
1297
whom must shall be teachers. A case concerning a complaint
1298
against an administrator shall be reviewed and a final order
1299
thereon shall be entered by a panel composed of five commission
1300
members, at least one of whom must be a parent or a sworn law
1301
enforcement officer and at least three of whom must shall be
1302
administrators.
1303
Section 32. Subsection (1) of section 1012.795, Florida
1304
Statutes, is amended to read:
1305
1012.795 Education Practices Commission; authority to
1306
discipline.--
1307
(1) The Education Practices Commission may suspend the
1308
educator certificate of any person as defined in s. 1012.01(2) or
1309
(3) for a period of time not to exceed 5 years, thereby denying
1310
that person the right to teach or otherwise be employed by a
1311
district school board or public school in any capacity requiring
1312
direct contact with students for that period of time, after which
1313
the holder may return to teaching as provided in subsection (4);
1314
may revoke the educator certificate of any person, thereby
1315
denying that person the right to teach or otherwise be employed
1316
by a district school board or public school in any capacity
1317
requiring direct contact with students for a period of time not
1318
to exceed 10 years, with reinstatement subject to the provisions
1319
of subsection (4); may revoke permanently the educator
1320
certificate of any person thereby denying that person the right
1321
to teach or otherwise be employed by a district school board or
1322
public school in any capacity requiring direct contact with
1323
students; may suspend the educator certificate, upon order of the
1324
court, of any person found to have a delinquent child support
1325
obligation; or may impose any other penalty provided by law, if
1326
provided it can be shown that the person:
1327
(a) Obtained or attempted to obtain an educator certificate
1328
by fraudulent means.
1329
(b) Knowingly failed to report actual or suspected child
1330
abuse as required in s. 1006.061 or report alleged misconduct by
1331
instructional personnel or school administrators which affects
1332
the health, safety, or welfare of a student as required in s.
1333
1334
(c)(b) Has proved to be incompetent to teach or to perform
1335
duties as an employee of the public school system or to teach in
1336
or to operate a private school.
1337
(d)(c) Has been guilty of gross immorality or an act
1338
involving moral turpitude as defined by rule of the State Board
1339
of Education.
1340
(e)(d) Has had an educator certificate sanctioned by
1341
revocation, suspension, or surrender in another state.
1342
(f)(e) Has been convicted or found guilty of, or entered a
1343
plea of guilty to, regardless of adjudication of guilt, a
1344
misdemeanor, felony, or any other criminal charge, other than a
1345
minor traffic violation.
1346
(g)(f) Upon investigation, has been found guilty of
1347
personal conduct which seriously reduces that person's
1348
effectiveness as an employee of the district school board.
1349
(h)(g) Has breached a contract, as provided in s.
1350
1012.33(2).
1351
(i)(h) Has been the subject of a court order directing the
1352
Education Practices Commission to suspend the certificate as a
1353
result of a delinquent child support obligation.
1354
(j)(i) Has violated the Principles of Professional Conduct
1355
for the Education Profession prescribed by State Board of
1356
Education rules.
1357
(k)(j) Has otherwise violated the provisions of law, the
1358
penalty for which is the revocation of the educator certificate.
1359
(l)(k) Has violated any order of the Education Practices
1360
Commission.
1361
(m)(l) Has been the subject of a court order or plea
1362
agreement in any jurisdiction which requires the
1363
certificateholder to surrender or otherwise relinquish his or her
1364
educator's certificate. A surrender or relinquishment shall be
1365
for permanent revocation of the certificate. A person may not
1366
surrender or otherwise relinquish his or her certificate prior to
1367
a finding of probable cause by the commissioner as provided in s.
1368
1369
(n) Has been disqualified from educator certification under
1370
s. 1012.315.
1371
Section 33. Subsections (1), (3), and (5) of section
1372
1012.796, Florida Statutes, are amended to read:
1373
1012.796 Complaints against teachers and administrators;
1374
procedure; penalties.--
1375
(1)(a) The Department of Education shall cause to be
1376
investigated expeditiously any complaint filed before it or
1377
otherwise called to its attention which, if legally sufficient,
1378
contains grounds for the revocation or suspension of a
1379
certificate or any other appropriate penalty as set forth in
1380
subsection (7). The complaint is legally sufficient if it
1381
contains the ultimate facts which show a violation has occurred
1382
as provided in s. 1012.795 and defined by rule of the State Board
1383
of Education. The department shall may investigate or continue to
1384
investigate and take appropriate action on a complaint even
1385
though the original complainant withdraws the complaint or
1386
otherwise indicates a desire not to cause it to be investigated
1387
or prosecuted to completion. The department may investigate or
1388
continue to investigate and take action on a complaint filed
1389
against a person whose educator certificate has expired if the
1390
act or acts that which are the basis for the complaint were
1391
allegedly committed while that person possessed an educator
1392
certificate.
1393
(b) The department shall immediately investigate any
1394
legally sufficient complaint that involves misconduct by any
1395
certificated personnel which affects the health, safety, or
1396
welfare of a student, giving the complaint priority over other
1397
pending complaints. The department must investigate or continue
1398
to investigate and take action on such a complaint filed against
1399
a person whose educator certificate has expired if the act or
1400
acts that are the basis for the complaint were allegedly
1401
committed while that person possessed an educator certificate.
1402
(c)(b) When an investigation is undertaken, the department
1403
shall notify the certificateholder or applicant for certification
1404
and the district school superintendent or the university
1405
laboratory school, charter school, or private school in which the
1406
certificateholder or applicant for certification is employed or
1407
was employed at the time the alleged offense occurred. In
1408
addition, the department shall inform the certificateholder or
1409
applicant for certification of the substance of any complaint
1410
which has been filed against that certificateholder or applicant,
1411
unless the department determines that such notification would be
1412
detrimental to the investigation, in which case the department
1413
may withhold notification.
1414
(d)(c) Each school district shall file in writing with the
1415
department all legally sufficient complaints within 30 days after
1416
the date on which subject matter of the complaint comes to the
1417
attention of the school district. A complaint is legally
1418
sufficient if it contains ultimate facts that show a violation
1419
has occurred as provided in s. 1012.795 and defined by rule of
1420
the State Board of Education. The school district shall include
1421
all information relating to the complaint which is known to the
1422
school district at the time of filing. Each district school board
1423
shall develop and adopt policies and procedures to comply with
1424
this reporting requirement. School board policies and procedures
1425
must include standards for screening, hiring, and terminating
1426
instructional personnel and school administrators, as defined in
1427
s. 1012.01; standards of ethical conduct for instructional
1428
personnel and school administrators; the duties of instructional
1429
personnel and school administrators for upholding the standards;
1430
detailed procedures for reporting alleged misconduct by
1431
instructional personnel and school administrators which affects
1432
the health, safety, or welfare of a student; requirements for the
1433
reassignment of instructional personnel or school administrators
1434
pending the outcome of a misconduct investigation; and penalties
1436
district school board policies and procedures shall include
1437
appropriate penalties for all personnel of the district school
1438
board for nonreporting and procedures for promptly informing the
1439
district school superintendent of each legally sufficient
1440
complaint. The district school superintendent is charged with
1441
knowledge of these policies and procedures and is accountable for
1442
the training of all instructional personnel and school
1443
administrators of the school district on the standards of ethical
1444
conduct, policies, and procedures. If the district school
1445
superintendent has knowledge of a legally sufficient complaint
1446
and does not report the complaint, or fails to enforce the
1447
policies and procedures of the district school board, and fails
1448
to comply with the requirements of this subsection, in addition
1449
to other actions against certificateholders authorized by law,
1450
the district school superintendent is shall be subject to
1451
penalties as specified in s. 1001.51(12). If the superintendent
1452
determines that misconduct by instructional personnel or school
1453
administrators who hold an educator certificate affects the
1454
health, safety, or welfare of a student and the misconduct
1455
warrants termination, the instructional personnel or school
1456
administrators may resign or be terminated and the superintendent
1457
must report the misconduct to the department in the format
1458
prescribed by the department. The department shall maintain each
1459
report of misconduct as a public record in the instructional
1460
personnel's or school administrators' certification files. This
1461
paragraph does not limit or restrict the power and duty of the
1462
department to investigate complaints as provided in paragraphs
1463
(a) and (b), regardless of the school district's untimely filing,
1464
or failure to file, complaints and followup reports.
1465
(e) If allegations arise against an employee who is
1466
certified under s. 1012.56 and employed in an educator-
1467
certificated position in any public school, charter school or
1468
governing board thereof, or private school that accepts
1470
shall file in writing with the department a legally sufficient
1471
complaint within 30 days after the date on which the subject
1472
matter of the complaint came to the attention of the school. A
1473
complaint is legally sufficient if it contains ultimate facts
1474
that show a violation has occurred as provided in s. 1012.795 and
1475
defined by rule of the State Board of Education. The school shall
1476
include all known information relating to the complaint with the
1477
filing of the complaint. This paragraph does not limit or
1478
restrict the power and duty of the department to investigate
1479
complaints, regardless of the school's untimely filing, or
1480
failure to file, complaints and followup reports.
1481
(f)(d) Notwithstanding any other law, all law enforcement
1482
agencies, state attorneys, social service agencies, district
1483
school boards, and the Division of Administrative Hearings shall
1484
fully cooperate with and, upon request, shall provide unredacted
1485
documents to the Department of Education to further
1486
investigations and prosecutions conducted pursuant to this
1487
section. Any document received pursuant to this paragraph may not
1488
be redisclosed except as authorized by law.
1489
(3) The department staff shall advise the commissioner
1490
concerning the findings of the investigation. The department
1491
general counsel or members of that staff shall review the
1492
investigation and advise the commissioner concerning probable
1493
cause or lack thereof. The determination of probable cause shall
1494
be made by the commissioner. The commissioner shall provide an
1495
opportunity for a conference, if requested, prior to determining
1496
probable cause. The commissioner may enter into deferred
1497
prosecution agreements in lieu of finding probable cause if, when
1498
in his or her judgment, such agreements are would be in the best
1499
interests of the department, the certificateholder, and the
1500
public. Such deferred prosecution agreements shall become
1501
effective when filed with the clerk of the Education Practices
1502
Commission. However, a deferred prosecution agreement shall not
1503
be entered into if where there is probable cause to believe that
1504
a felony or an act of moral turpitude, as defined by rule of the
1505
State Board of Education, has occurred. Upon finding no probable
1506
cause, the commissioner shall dismiss the complaint.
1507
(5) When an allegation of misconduct by instructional
1508
personnel or school administrators, as defined in s. 1012.01, is
1509
received, if the alleged misconduct affects deemed necessary to
1510
protect the health, safety, or and welfare of a minor student,
1511
the district school superintendent in consultation with the
1512
school principal, or may, and upon the request of the
1513
Commissioner of Education, must immediately shall, temporarily
1514
suspend the instructional personnel or school administrators a
1515
certificateholder from the certificateholder's regularly assigned
1516
duties, with pay, and reassign the suspended personnel or
1517
administrators certificateholder to positions a position that do
1518
does not require direct contact with students in the district
1519
school system. Such suspension shall continue until the
1520
completion of the proceedings and the determination of sanctions,
1521
if any, pursuant to this section and s. 1012.795.
1522
Section 34. Paragraph (b) of subsection (4) of section
1523
1012.98, Florida Statutes, is amended to read:
1524
1012.98 School Community Professional Development Act.--
1525
(4) The Department of Education, school districts, schools,
1526
community colleges, and state universities share the
1527
responsibilities described in this section. These
1528
responsibilities include the following:
1529
(b) Each school district shall develop a professional
1530
development system as specified in subsection (3). The system
1531
shall be developed in consultation with teachers, teacher-
1532
educators of community colleges and state universities, business
1533
and community representatives, and local education foundations,
1534
consortia, and professional organizations. The professional
1535
development system must:
1536
1. Be approved by the department. All substantial revisions
1537
to the system shall be submitted to the department for review for
1538
continued approval.
1539
2. Be based on analyses of student achievement data and
1540
instructional strategies and methods that support rigorous,
1541
relevant, and challenging curricula for all students. Schools and
1542
districts, in developing and refining the professional
1543
development system, shall also review and monitor school
1544
discipline data; school environment surveys; assessments of
1545
parental satisfaction; performance appraisal data of teachers,
1546
managers, and administrative personnel; and other performance
1547
indicators to identify school and student needs that can be met
1548
by improved professional performance.
1549
3. Provide inservice activities coupled with followup
1550
support appropriate to accomplish district-level and school-level
1551
improvement goals and standards. The inservice activities for
1552
instructional personnel shall focus on analysis of student
1553
achievement data, ongoing formal and informal assessments of
1554
student achievement, identification and use of enhanced and
1555
differentiated instructional strategies that emphasize rigor,
1556
relevance, and reading in the content areas, enhancement of
1557
subject content expertise, integrated use of classroom technology
1558
that enhances teaching and learning, classroom management, parent
1559
involvement, and school safety.
1560
4. Include a master plan for inservice activities, pursuant
1561
to rules of the State Board of Education, for all district
1562
employees from all fund sources. The master plan shall be updated
1563
annually by September 1, must be based on input from teachers and
1564
district and school instructional leaders, and must use the
1565
latest available student achievement data and research to enhance
1566
rigor and relevance in the classroom. Each district inservice
1567
plan must be aligned to and support the school-based inservice
1568
plans and school improvement plans pursuant to s. 1001.42(18) s.
1569
1001.42(16). District plans must be approved by the district
1570
school board annually in order to ensure compliance with
1571
subsection (1) and to allow for dissemination of research-based
1572
best practices to other districts. District school boards must
1573
submit verification of their approval to the Commissioner of
1574
Education no later than October 1, annually.
1575
5. Require each school principal to establish and maintain
1576
an individual professional development plan for each
1577
instructional employee assigned to the school as a seamless
1578
component to the school improvement plans developed pursuant to
1580
development plan must:
1581
a. Be related to specific performance data for the students
1582
to whom the teacher is assigned.
1583
b. Define the inservice objectives and specific measurable
1584
improvements expected in student performance as a result of the
1585
inservice activity.
1586
c. Include an evaluation component that determines the
1587
effectiveness of the professional development plan.
1588
6. Include inservice activities for school administrative
1589
personnel that address updated skills necessary for instructional
1590
leadership and effective school management pursuant to s.
1591
1592
7. Provide for systematic consultation with regional and
1593
state personnel designated to provide technical assistance and
1594
evaluation of local professional development programs.
1595
8. Provide for delivery of professional development by
1596
distance learning and other technology-based delivery systems to
1597
reach more educators at lower costs.
1598
9. Provide for the continuous evaluation of the quality and
1599
effectiveness of professional development programs in order to
1600
eliminate ineffective programs and strategies and to expand
1601
effective ones. Evaluations must consider the impact of such
1602
activities on the performance of participating educators and
1603
their students' achievement and behavior.
1604
Section 35. Subsection (4) of section 1013.03, Florida
1605
Statutes, is amended to read:
1606
1013.03 Functions of the department and the Board of
1607
Governors.--The functions of the Department of Education as it
1608
pertains to educational facilities of school districts and
1609
community colleges and of the Board of Governors as it pertains
1610
to educational facilities of state universities shall include,
1611
but not be limited to, the following:
1612
(4) Require each board and other appropriate agencies to
1613
submit complete and accurate financial data as to the amounts of
1614
funds from all sources that are available and spent for
1615
construction and capital improvements. The commissioner shall
1616
prescribe the format and the date for the submission of this data
1617
and any other educational facilities data. If any district does
1618
not submit the required educational facilities fiscal data by the
1619
prescribed date, the Commissioner of Education shall notify the
1620
district school board of this fact and, if appropriate action is
1621
not taken to immediately submit the required report, the district
1622
school board shall be directed to proceed pursuant to s.
1624
community college or university does not submit the required
1625
educational facilities fiscal data by the prescribed date, the
1626
same policy prescribed in this subsection for school districts
1627
shall be implemented.
1628
Section 36. The sum of $153,872 is appropriated from the
1629
Educational Certification and Services Trust Fund to the
1630
Department of Education for the 2008-2009 fiscal year, and two
1631
additional full-time equivalent positions and associated salary
1632
rate of 90,088 are authorized, for the purpose of implementing
1633
this act.
1634
Section 37. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.