Florida Senate - 2018                                    SB 1756
       
       
        
       By Senator Simmons
       
       
       
       
       
       9-01330-18                                            20181756__
    1                        A bill to be entitled                      
    2         An act relating to school accountability; amending s.
    3         1001.10, F.S.; revising the private schools to which
    4         the Department of Education is required to provide
    5         technical assistance and authorized staff; amending s.
    6         1002.20, F.S.; updating terminology; amending s.
    7         1002.385, F.S.; revising requirements for private
    8         schools that participate in the Gardiner Scholarship
    9         Program; specifying that the failure or refusal,
   10         rather than the inability of, a private school to meet
   11         certain requirements constitutes a basis for program
   12         ineligibility; amending s. 1002.39, F.S.; revising the
   13         purpose of department site visits at private schools
   14         participating in the John M. McKay Scholarships for
   15         Students with Disabilities Program; authorizing the
   16         department to make followup site visits at any time to
   17         certain private schools; requiring participating
   18         private schools to provide a specified report from an
   19         independent certified public accountant under certain
   20         circumstances; specifying that the failure or refusal,
   21         rather than the inability of, a private school to meet
   22         certain requirements constitutes a basis for program
   23         ineligibility; amending s. 1002.395, F.S.; revising
   24         obligations of eligible nonprofit scholarship-funding
   25         organizations participating in the Florida Tax Credit
   26         Scholarship Program; specifying that the failure or
   27         refusal, rather than the inability of, a private
   28         school to meet certain requirements constitutes a
   29         basis for program ineligibility; revising the purpose
   30         of department site visits at private schools
   31         participating in the Florida Tax Credit Scholarship
   32         Program; authorizing the department to make followup
   33         site visits at any time to certain private schools;
   34         amending s. 1002.421, F.S.; requiring a private school
   35         to employ or contract with teachers who meet certain
   36         qualifications and provide information about such
   37         qualifications to the department; revising the
   38         conditions under which a private school employee may
   39         be exempted from background screening requirements;
   40         specifying that a private school is ineligible to
   41         participate in certain scholarship programs under
   42         certain circumstances; requiring the department to
   43         annually visit certain private schools; authorizing
   44         the department to make certain follow-up site visits
   45         at any time; requiring the Division of State Fire
   46         Marshal to annually provide the department with fire
   47         safety inspection reports for certain private schools;
   48         requiring that certain private schools provide the
   49         department with a report from an independent certified
   50         public accountant under certain circumstances;
   51         amending s. 1006.061, F.S.; revising the applicability
   52         of certain child abuse, abandonment, and neglect
   53         provisions; amending s. 1012.315, F.S.; revising the
   54         applicability of certain provisions related to
   55         disqualification from employment for the conviction of
   56         specified offenses; amending s. 1012.796, F.S.;
   57         revising the applicability of a requirement that
   58         certain private schools file specified reports with
   59         the department for certain allegations against its
   60         employees; providing an effective date.
   61          
   62  Be It Enacted by the Legislature of the State of Florida:
   63  
   64         Section 1. Subsections (4) and (5) of section 1001.10,
   65  Florida Statutes, are amended to read:
   66         1001.10 Commissioner of Education; general powers and
   67  duties.—
   68         (4) The Department of Education shall provide technical
   69  assistance to school districts, charter schools, the Florida
   70  School for the Deaf and the Blind, and private schools that
   71  accept scholarship students under s. 1002.385, s. 1002.39, or s.
   72  1002.395, or another state scholarship program under chapter
   73  1002 in the development of policies, procedures, and training
   74  related to employment practices and standards of ethical conduct
   75  for instructional personnel and school administrators, as
   76  defined in s. 1012.01.
   77         (5) The Department of Education shall provide authorized
   78  staff of school districts, charter schools, the Florida School
   79  for the Deaf and the Blind, and private schools that accept
   80  scholarship students under s. 1002.385, s. 1002.39, or s.
   81  1002.395, or another state scholarship program under chapter
   82  1002 with access to electronic verification of information from
   83  the following employment screening tools:
   84         (a) The Professional Practices’ Database of Disciplinary
   85  Actions Against Educators; and
   86         (b) The Department of Education’s Teacher Certification
   87  Database.
   88  
   89  This subsection does not require the department to provide these
   90  staff with unlimited access to the databases. However, the
   91  department shall provide the staff with access to the data
   92  necessary for performing employment history checks of the
   93  instructional personnel and school administrators included in
   94  the databases.
   95         Section 2. Paragraph (b) of subsection (6) of section
   96  1002.20, Florida Statutes, is amended to read:
   97         1002.20 K-12 student and parent rights.—Parents of public
   98  school students must receive accurate and timely information
   99  regarding their child’s academic progress and must be informed
  100  of ways they can help their child to succeed in school. K-12
  101  students and their parents are afforded numerous statutory
  102  rights including, but not limited to, the following:
  103         (6) EDUCATIONAL CHOICE.—
  104         (b) Private educational choices.—Parents of public school
  105  students may seek private educational choice options under
  106  certain programs.
  107         1. Under the McKay Scholarships for Students with
  108  Disabilities Program, the parent of a public school student with
  109  a disability may request and receive a McKay Scholarship for the
  110  student to attend a private school in accordance with s.
  111  1002.39.
  112         2. Under the Florida Tax Credit Scholarship Program, the
  113  parent of a student who qualifies for free or reduced-price
  114  school lunch or who is currently placed, or during the previous
  115  state fiscal year was placed, in foster care as defined in s.
  116  39.01 may seek a scholarship from an eligible nonprofit
  117  scholarship-funding organization in accordance with s. 1002.395.
  118         3. Under the Gardiner Scholarship Program Florida Personal
  119  Learning Scholarship Accounts Program, the parent of a student
  120  with a qualifying disability may apply for a Gardiner personal
  121  learning scholarship to be used for individual educational needs
  122  in accordance with s. 1002.385.
  123         Section 3. Subsection (8) of section 1002.385, Florida
  124  Statutes, is amended to read:
  125         1002.385 The Gardiner Scholarship.—
  126         (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
  127  private school may be sectarian or nonsectarian and shall:
  128         (a) Comply with all requirements for private schools
  129  participating in state school choice scholarship programs
  130  pursuant to s. 1002.421.
  131         (b) Provide to the organization, upon request, all
  132  documentation required for the student’s participation,
  133  including the private school’s and student’s fee schedules.
  134         (c) Be academically accountable to the parent for meeting
  135  the educational needs of the student by:
  136         1. At a minimum, annually providing to the parent a written
  137  explanation of the student’s progress.
  138         2. Annually administering or making provision for students
  139  participating in the program in grades 3 through 10 to take one
  140  of the nationally norm-referenced tests identified by the
  141  Department of Education or the statewide assessments pursuant to
  142  s. 1008.22. Students with disabilities for whom standardized
  143  testing is not appropriate are exempt from this requirement. A
  144  participating private school shall report a student’s scores to
  145  the parent.
  146         3. Cooperating with the scholarship student whose parent
  147  chooses to have the student participate in the statewide
  148  assessments pursuant to s. 1008.22 or, if a private school
  149  chooses to offer the statewide assessments, administering the
  150  assessments at the school.
  151         a. A participating private school may choose to offer and
  152  administer the statewide assessments to all students who attend
  153  the private school in grades 3 through 10.
  154         b. A participating private school shall submit a request in
  155  writing to the Department of Education by March 1 of each year
  156  in order to administer the statewide assessments in the
  157  subsequent school year.
  158         (d) Employ or contract with teachers who have regular and
  159  direct contact with each student receiving a scholarship under
  160  this section at the school’s physical location.
  161         (e) Provide a report from an independent certified public
  162  accountant who performs the agreed-upon procedures developed
  163  under s. 1002.395(6)(o) if the private school receives more than
  164  $250,000 in funds from scholarships awarded under this chapter
  165  section in a state fiscal year. A private school subject to this
  166  paragraph must annually submit the report by September 15 to the
  167  organization that awarded the majority of the school’s
  168  scholarship funds. The agreed-upon procedures must be conducted
  169  in accordance with attestation standards established by the
  170  American Institute of Certified Public Accountants.
  171  
  172  If a private school fails or refuses is unable to meet the
  173  requirements of this subsection or has consecutive years of
  174  material exceptions listed in the report required under
  175  paragraph (e), the commissioner may determine that the private
  176  school is ineligible to participate in the program.
  177         Section 4. Paragraph (f) of subsection (6) and subsection
  178  (8) of section 1002.39, Florida Statutes, are amended to read:
  179         1002.39 The John M. McKay Scholarships for Students with
  180  Disabilities Program.—There is established a program that is
  181  separate and distinct from the Opportunity Scholarship Program
  182  and is named the John M. McKay Scholarships for Students with
  183  Disabilities Program.
  184         (6) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
  185  shall:
  186         (f)1. Conduct random site visits to private schools
  187  participating in the John M. McKay Scholarships for Students
  188  with Disabilities Program as authorized under s. 1002.421(7).
  189  The purposes purpose of the site visits are is solely to verify
  190  compliance with the provisions of subsection (7) aimed at
  191  protecting the health, safety, and welfare of students and to
  192  verify the information reported by the schools concerning the
  193  enrollment and attendance of students, the credentials of
  194  teachers, background screening of teachers, and teachers’
  195  fingerprinting results, which information is required by rules
  196  of the State Board of Education, subsection (8), and s.
  197  1002.421. The Department of Education may not make followup more
  198  than three random site visits at any time to any school that has
  199  received a notice of noncompliance or a notice of proposed
  200  action within the previous 2 years pursuant to subsection (7)
  201  each year and may not make more than one random site visit each
  202  year to the same private school.
  203         2. Annually, by December 15, report to the Governor, the
  204  President of the Senate, and the Speaker of the House of
  205  Representatives the Department of Education’s actions with
  206  respect to implementing accountability in the scholarship
  207  program under this section and s. 1002.421, any substantiated
  208  allegations or violations of law or rule by an eligible private
  209  school under this program concerning the enrollment and
  210  attendance of students, the credentials of teachers, background
  211  screening of teachers, and teachers’ fingerprinting results and
  212  the corrective action taken by the Department of Education.
  213         (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
  214  eligible to participate in the John M. McKay Scholarships for
  215  Students with Disabilities Program, a private school may be
  216  sectarian or nonsectarian and must:
  217         (a) Comply with all requirements for private schools
  218  participating in state school choice scholarship programs
  219  pursuant to s. 1002.421.
  220         (b) Provide to the department all documentation required
  221  for a student’s participation, including the private school’s
  222  and student’s fee schedules, at least 30 days before any
  223  quarterly scholarship payment is made for the student pursuant
  224  to paragraph (11)(e). A student is not eligible to receive a
  225  quarterly scholarship payment if the private school fails to
  226  meet this deadline.
  227         (c) Be academically accountable to the parent for meeting
  228  the educational needs of the student by:
  229         1. At a minimum, annually providing to the parent a written
  230  explanation of the student’s progress.
  231         2. Cooperating with the scholarship student whose parent
  232  chooses to participate in the statewide assessments pursuant to
  233  s. 1008.22.
  234         (d) Maintain in this state a physical location where a
  235  scholarship student regularly attends classes.
  236         (e) If the private school that participates in a state
  237  scholarship program under this chapter receives more than
  238  $250,000 in funds from scholarships awarded under chapter 1002
  239  in a state fiscal year, provide an annual report from an
  240  independent certified public accountant who performs the agreed
  241  upon procedures developed under s. 1002.395(6)(o). Such a
  242  private school must annually submit the required report by
  243  September 15 to the organization that awarded the majority of
  244  the school’s scholarship funds. The agreed-upon procedures must
  245  be conducted in accordance with attestation standards
  246  established by the American Institute of Certified Public
  247  Accountants.
  248  
  249  The failure or refusal inability of a private school to meet the
  250  requirements of this subsection shall constitute a basis for the
  251  ineligibility of the private school to participate in the
  252  scholarship program as determined by the department.
  253         Section 5. Paragraph (o) of subsection (6), subsection (8),
  254  and paragraph (n) of subsection (9) of section 1002.395, Florida
  255  Statutes, are amended to read:
  256         1002.395 Florida Tax Credit Scholarship Program.—
  257         (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
  258  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
  259  organization:
  260         (o)1.a. Must participate in the joint development of
  261  agreed-upon procedures to be performed by an independent
  262  certified public accountant as required under paragraph (8)(e)
  263  if the scholarship-funding organization provided more than
  264  $250,000 in scholarship funds to an eligible private school
  265  under this chapter section during the 2009-2010 state fiscal
  266  year. The agreed-upon procedures must uniformly apply to all
  267  private schools and must determine, at a minimum, whether the
  268  private school has been verified as eligible by the Department
  269  of Education under paragraph (9)(c); has an adequate accounting
  270  system, system of financial controls, and process for deposit
  271  and classification of scholarship funds; and has properly
  272  expended scholarship funds for education-related expenses.
  273  During the development of the procedures, the participating
  274  scholarship-funding organizations shall specify guidelines
  275  governing the materiality of exceptions that may be found during
  276  the accountant’s performance of the procedures. The procedures
  277  and guidelines shall be provided to private schools and the
  278  Commissioner of Education by March 15, 2011.
  279         b. Must participate in a joint review of the agreed-upon
  280  procedures and guidelines developed under sub-subparagraph a.,
  281  by February 2013 and biennially thereafter, if the scholarship
  282  funding organization provided more than $250,000 in scholarship
  283  funds to an eligible private school under this chapter section
  284  during the state fiscal year preceding the biennial review. If
  285  the procedures and guidelines are revised, the revisions must be
  286  provided to private schools and the Commissioner of Education by
  287  March 15, 2013, and biennially thereafter.
  288         c. Must monitor the compliance of a private school with
  289  paragraph (8)(e) if the scholarship-funding organization
  290  provided the majority of the scholarship funding to the school.
  291  For each private school subject to paragraph (8)(e), the
  292  appropriate scholarship-funding organization shall notify the
  293  Commissioner of Education by October 30, 2011, and annually
  294  thereafter of:
  295         (I) A private school’s failure to submit a report required
  296  under paragraph (8)(e); or
  297         (II) Any material exceptions set forth in the report
  298  required under paragraph (8)(e).
  299         2. Must seek input from the accrediting associations that
  300  are members of the Florida Association of Academic Nonpublic
  301  Schools when jointly developing the agreed-upon procedures and
  302  guidelines under sub-subparagraph 1.a. and conducting a review
  303  of those procedures and guidelines under sub-subparagraph 1.b.
  304  
  305  Information and documentation provided to the Department of
  306  Education and the Auditor General relating to the identity of a
  307  taxpayer that provides an eligible contribution under this
  308  section shall remain confidential at all times in accordance
  309  with s. 213.053.
  310         (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
  311  private school may be sectarian or nonsectarian and must:
  312         (a) Comply with all requirements for private schools
  313  participating in state school choice scholarship programs
  314  pursuant to s. 1002.421.
  315         (b) Provide to the eligible nonprofit scholarship-funding
  316  organization, upon request, all documentation required for the
  317  student’s participation, including the private school’s and
  318  student’s fee schedules.
  319         (c) Be academically accountable to the parent for meeting
  320  the educational needs of the student by:
  321         1. At a minimum, annually providing to the parent a written
  322  explanation of the student’s progress.
  323         2. Annually administering or making provision for students
  324  participating in the scholarship program in grades 3 through 10
  325  to take one of the nationally norm-referenced tests identified
  326  by the Department of Education or the statewide assessments
  327  pursuant to s. 1008.22. Students with disabilities for whom
  328  standardized testing is not appropriate are exempt from this
  329  requirement. A participating private school must report a
  330  student’s scores to the parent. A participating private school
  331  must annually report by August 15 the scores of all
  332  participating students to the Learning System Institute
  333  described in paragraph (9)(j).
  334         3. Cooperating with the scholarship student whose parent
  335  chooses to have the student participate in the statewide
  336  assessments pursuant to s. 1008.22 or, if a private school
  337  chooses to offer the statewide assessments, administering the
  338  assessments at the school.
  339         a. A participating private school may choose to offer and
  340  administer the statewide assessments to all students who attend
  341  the private school in grades 3 through 10.
  342         b. A participating private school must submit a request in
  343  writing to the Department of Education by March 1 of each year
  344  in order to administer the statewide assessments in the
  345  subsequent school year.
  346         (d) Employ or contract with teachers who have regular and
  347  direct contact with each student receiving a scholarship under
  348  this section at the school’s physical location.
  349         (e) Provide a report from an independent certified public
  350  accountant who performs the agreed-upon procedures developed
  351  under paragraph (6)(o) if the private school receives more than
  352  $250,000 in funds from scholarships awarded under this chapter
  353  section in a state fiscal year. A private school subject to this
  354  paragraph must annually submit the report by September 15 to the
  355  scholarship-funding organization that awarded the majority of
  356  the school’s scholarship funds. The agreed-upon procedures must
  357  be conducted in accordance with attestation standards
  358  established by the American Institute of Certified Public
  359  Accountants.
  360  
  361  If a private school fails or refuses is unable to meet the
  362  requirements of this subsection or has consecutive years of
  363  material exceptions listed in the report required under
  364  paragraph (e), the commissioner may determine that the private
  365  school is ineligible to participate in the scholarship program
  366  as determined by the Department of Education.
  367         (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The Department of
  368  Education shall:
  369         (n)1. Conduct site visits to private schools participating
  370  in the Florida Tax Credit Scholarship Program as authorized
  371  under s. 1002.421(7). The purposes purpose of the site visits
  372  are is solely to verify compliance with the provisions of
  373  subsection (11) aimed at protecting the health, safety, and
  374  welfare of students and to verify the information reported by
  375  the schools concerning the enrollment and attendance of
  376  students, the credentials of teachers, background screening of
  377  teachers, and teachers’ fingerprinting results. The Department
  378  of Education may not make more than seven site visits each year;
  379  however, The department may make followup additional site visits
  380  at any time to any school that, pursuant to subsection (11), has
  381  received a notice of noncompliance or a notice of proposed
  382  action within the previous 2 years.
  383         2. Annually, by December 15, report to the Governor, the
  384  President of the Senate, and the Speaker of the House of
  385  Representatives the Department of Education’s actions with
  386  respect to implementing accountability in the scholarship
  387  program under this section and s. 1002.421, any substantiated
  388  allegations or violations of law or rule by an eligible private
  389  school under this program concerning the enrollment and
  390  attendance of students, the credentials of teachers, background
  391  screening of teachers, and teachers’ fingerprinting results and
  392  the corrective action taken by the Department of Education.
  393         Section 6. Present subsection (7) of section 1002.421,
  394  Florida Statutes, is amended and redesignated as subsection
  395  (11), a new subsection (7) and subsections (8), (9), and (10)
  396  are added to that section, and paragraphs (h) and (i) of
  397  subsection (2) and subsections (4) and (5) of that section are
  398  amended, to read:
  399         1002.421 Accountability of private schools participating in
  400  state school choice scholarship programs.—
  401         (2) A private school participating in a scholarship program
  402  must be a Florida private school as defined in s. 1002.01(2),
  403  must be registered in accordance with s. 1002.42, and must:
  404         (h) Employ or contract with teachers who hold baccalaureate
  405  or higher degrees from a university or college that is
  406  accredited by a regional or national accrediting agency
  407  recognized by the United States Department of Education, and
  408  who:,
  409         1. Have at least 3 years of teaching experience in public
  410  or private schools;, or
  411         2. Have objectively identified special skills, knowledge,
  412  or expertise that qualifies them to provide instruction in
  413  subjects taught.
  414  
  415  The private school must report to the department, in a format
  416  developed by the department, the qualifications of each teacher
  417  hired by the school, including, but not limited to, an
  418  explanation of the objectively identified special skills or
  419  expertise of such teachers, as applicable.
  420         (i) Require each employee and contracted personnel with
  421  direct student contact, upon employment or engagement to provide
  422  services, to undergo a state and national background screening,
  423  pursuant to s. 943.0542, by electronically filing with the
  424  Department of Law Enforcement a complete set of fingerprints
  425  taken by an authorized law enforcement agency or an employee of
  426  the private school, a school district, or a private company who
  427  is trained to take fingerprints and deny employment to or
  428  terminate an employee if he or she fails to meet the screening
  429  standards under s. 435.04. Results of the screening shall be
  430  provided to the participating private school. For purposes of
  431  this paragraph:
  432         1. An “employee or contracted personnel with direct student
  433  contact” means any employee or contracted personnel who has
  434  unsupervised access to a scholarship student for whom the
  435  private school is responsible.
  436         2. The costs of fingerprinting and the background check
  437  shall not be borne by the state.
  438         3. Continued employment of an employee or contracted
  439  personnel after notification that he or she has failed the
  440  background screening under this paragraph shall cause a private
  441  school to be ineligible for participation in a scholarship
  442  program.
  443         4. An employee or contracted personnel holding a valid
  444  Florida teaching certificate who has been fingerprinted pursuant
  445  to s. 1012.32 and who is not ineligible for employment pursuant
  446  to s. 1012.315 is not required to comply with the provisions of
  447  this paragraph.
  448         (4) A private school that accepts scholarship students
  449  under this chapter s. 1002.39 or s. 1002.395 must:
  450         (a) Disqualify instructional personnel and school
  451  administrators, as defined in s. 1012.01, from employment in any
  452  position that requires direct contact with students if the
  453  personnel or administrators are ineligible for such employment
  454  under s. 1012.315.
  455         (b) Adopt and faithfully implement policies establishing
  456  standards of ethical conduct for instructional personnel and
  457  school administrators. The policies must require all
  458  instructional personnel and school administrators, as defined in
  459  s. 1012.01, to complete training on the standards; establish the
  460  duty of instructional personnel and school administrators to
  461  report, and procedures for reporting, alleged misconduct by
  462  other instructional personnel and school administrators which
  463  affects the health, safety, or welfare of a student; and include
  464  an explanation of the liability protections provided under ss.
  465  39.203 and 768.095. A private school, or any of its employees,
  466  may not enter into a confidentiality agreement regarding
  467  terminated or dismissed instructional personnel or school
  468  administrators, or personnel or administrators who resign in
  469  lieu of termination, based in whole or in part on misconduct
  470  that affects the health, safety, or welfare of a student, and
  471  may not provide the instructional personnel or school
  472  administrators with employment references or discuss the
  473  personnel’s or administrators’ performance with prospective
  474  employers in another educational setting, without disclosing the
  475  personnel’s or administrators’ misconduct. Any part of an
  476  agreement or contract that has the purpose or effect of
  477  concealing misconduct by instructional personnel or school
  478  administrators which affects the health, safety, or welfare of a
  479  student is void, is contrary to public policy, and may not be
  480  enforced.
  481         (c) Before employing instructional personnel or school
  482  administrators in any position that requires direct contact with
  483  students, conduct employment history checks of each of the
  484  personnel’s or administrators’ previous employers, screen the
  485  personnel or administrators through use of the educator
  486  screening tools described in s. 1001.10(5), and document the
  487  findings. If unable to contact a previous employer, the private
  488  school must document efforts to contact the employer.
  489  
  490  The department shall suspend the payment of funds under this
  491  chapter ss. 1002.39 and 1002.395 to a private school that
  492  knowingly fails or refuses to comply with this subsection, and
  493  shall prohibit the school from enrolling new scholarship
  494  students, for 1 fiscal year and until the school complies.
  495         (5) The failure or refusal inability of a private school to
  496  meet the requirements of this section shall constitute a basis
  497  for the ineligibility of the private school to participate in a
  498  scholarship program as determined by the department.
  499  Additionally, a private school is ineligible to participate in a
  500  state scholarship program under this chapter if the owner or
  501  operator of the private school was a debtor in a voluntary or
  502  involuntary bankruptcy petition within the most recent 5 years.
  503         (7)(a)The department must annually visit at least 5
  504  percent, and may annually visit up to 7 percent, of the private
  505  schools that participate in the state scholarship programs under
  506  this chapter. Site visits required under subsection (8) are not
  507  included in the annual site visits authorized under this
  508  paragraph.
  509         (b) The purposes of the site visits are to verify
  510  compliance with the provisions of this section aimed at
  511  protecting the health, safety, and welfare of students and to
  512  verify the information reported by the schools concerning the
  513  enrollment and attendance of students, the credentials of
  514  teachers, background screening of teachers, and teachers’
  515  fingerprinting results, as required by rules of the State Board
  516  of Education and this section.
  517         (c) The department may make followup site visits at any
  518  time to any school that has received a notice of noncompliance
  519  or a notice of proposed action within the previous 2 years, or
  520  for a cause that affects the health, safety, and welfare of a
  521  student.
  522         (8)(a)The department shall visit each private school that
  523  notifies the department of the school’s intent to participate in
  524  a state scholarship program under this chapter.
  525         (b) The purpose of the site visit is to determine that the
  526  school meets the applicable state and local health, safety, and
  527  welfare codes and rules pursuant to this section.
  528         (9) The Division of State Fire Marshal shall annually
  529  provide to the department a fire safety inspection report,
  530  prepared by the local fire departments or by entities with whom
  531  they contract to perform fire safety inspections of private
  532  schools, for each private school that participates in a state
  533  scholarship program under this chapter.
  534         (10) If a private school that participates in a state
  535  scholarship program under this chapter receives more than
  536  $250,000 in funds from the scholarships awarded under chapter
  537  1002 in a state fiscal year, the school must provide to the
  538  department a report of the balance sheet and statement of income
  539  expenditures in accordance with generally accepted accounting
  540  procedures from an independent certified public accountant who
  541  performs the agreed-upon procedures.
  542         (11)(7) The State Board of Education shall adopt rules
  543  pursuant to ss. 120.536(1) and 120.54 to administer and enforce
  544  this section.
  545         Section 7. Section 1006.061, Florida Statutes, is amended
  546  to read:
  547         1006.061 Child abuse, abandonment, and neglect policy.—Each
  548  district school board, charter school, and private school that
  549  accepts scholarship students under s. 1002.385, s. 1002.39, or
  550  s. 1002.395, or another state scholarship program under chapter
  551  1002 shall:
  552         (1) Post in a prominent place in each school a notice that,
  553  pursuant to chapter 39, all employees and agents of the district
  554  school board, charter school, or private school have an
  555  affirmative duty to report all actual or suspected cases of
  556  child abuse, abandonment, or neglect; have immunity from
  557  liability if they report such cases in good faith; and have a
  558  duty to comply with child protective investigations and all
  559  other provisions of law relating to child abuse, abandonment,
  560  and neglect. The notice shall also include the statewide toll
  561  free telephone number of the central abuse hotline.
  562         (2) Post in a prominent place at each school site and on
  563  each school’s Internet website, if available, the policies and
  564  procedures for reporting alleged misconduct by instructional
  565  personnel or school administrators which affects the health,
  566  safety, or welfare of a student; the contact person to whom the
  567  report is made; and the penalties imposed on instructional
  568  personnel or school administrators who fail to report suspected
  569  or actual child abuse or alleged misconduct by other
  570  instructional personnel or school administrators.
  571         (3) Require the principal of the charter school or private
  572  school, or the district school superintendent, or the
  573  superintendent’s designee, at the request of the Department of
  574  Children and Families, to act as a liaison to the Department of
  575  Children and Families and the child protection team, as defined
  576  in s. 39.01, when in a case of suspected child abuse,
  577  abandonment, or neglect or an unlawful sexual offense involving
  578  a child the case is referred to such a team; except that this
  579  does not relieve or restrict the Department of Children and
  580  Families from discharging its duty and responsibility under the
  581  law to investigate and report every suspected or actual case of
  582  child abuse, abandonment, or neglect or unlawful sexual offense
  583  involving a child.
  584         (4)(a) Post in a prominent place in a clearly visible
  585  location and public area of the school which is readily
  586  accessible to and widely used by students a sign in English and
  587  Spanish that contains:
  588         1. The statewide toll-free telephone number of the central
  589  abuse hotline as provided in chapter 39;
  590         2. Instructions to call 911 for emergencies; and
  591         3. Directions for accessing the Department of Children and
  592  Families Internet website for more information on reporting
  593  abuse, neglect, and exploitation.
  594         (b) The information in paragraph (a) must be put on at
  595  least one poster in each school, on a sheet that measures at
  596  least 11 inches by 17 inches, produced in large print, and
  597  placed at student eye level for easy viewing.
  598  
  599  The Department of Education shall develop, and publish on the
  600  department’s Internet website, sample notices suitable for
  601  posting in accordance with subsections (1), (2), and (4).
  602         Section 8. Section 1012.315, Florida Statutes, is amended
  603  to read:
  604         1012.315 Disqualification from employment.—A person is
  605  ineligible for educator certification, and instructional
  606  personnel and school administrators, as defined in s. 1012.01,
  607  are ineligible for employment in any position that requires
  608  direct contact with students in a district school system,
  609  charter school, or private school that accepts scholarship
  610  students under s. 1002.385, s. 1002.39, or s. 1002.395, or
  611  another state scholarship program under chapter 1002, if the
  612  person, instructional personnel, or school administrator has
  613  been convicted of:
  614         (1) Any felony offense prohibited under any of the
  615  following statutes:
  616         (a) Section 393.135, relating to sexual misconduct with
  617  certain developmentally disabled clients and reporting of such
  618  sexual misconduct.
  619         (b) Section 394.4593, relating to sexual misconduct with
  620  certain mental health patients and reporting of such sexual
  621  misconduct.
  622         (c) Section 415.111, relating to adult abuse, neglect, or
  623  exploitation of aged persons or disabled adults.
  624         (d) Section 782.04, relating to murder.
  625         (e) Section 782.07, relating to manslaughter, aggravated
  626  manslaughter of an elderly person or disabled adult, aggravated
  627  manslaughter of a child, or aggravated manslaughter of an
  628  officer, a firefighter, an emergency medical technician, or a
  629  paramedic.
  630         (f) Section 784.021, relating to aggravated assault.
  631         (g) Section 784.045, relating to aggravated battery.
  632         (h) Section 784.075, relating to battery on a detention or
  633  commitment facility staff member or a juvenile probation
  634  officer.
  635         (i) Section 787.01, relating to kidnapping.
  636         (j) Section 787.02, relating to false imprisonment.
  637         (k) Section 787.025, relating to luring or enticing a
  638  child.
  639         (l) Section 787.04(2), relating to leading, taking,
  640  enticing, or removing a minor beyond the state limits, or
  641  concealing the location of a minor, with criminal intent pending
  642  custody proceedings.
  643         (m) Section 787.04(3), relating to leading, taking,
  644  enticing, or removing a minor beyond the state limits, or
  645  concealing the location of a minor, with criminal intent pending
  646  dependency proceedings or proceedings concerning alleged abuse
  647  or neglect of a minor.
  648         (n) Section 790.115(1), relating to exhibiting firearms or
  649  weapons at a school-sponsored event, on school property, or
  650  within 1,000 feet of a school.
  651         (o) Section 790.115(2)(b), relating to possessing an
  652  electric weapon or device, destructive device, or other weapon
  653  at a school-sponsored event or on school property.
  654         (p) Section 794.011, relating to sexual battery.
  655         (q) Former s. 794.041, relating to sexual activity with or
  656  solicitation of a child by a person in familial or custodial
  657  authority.
  658         (r) Section 794.05, relating to unlawful sexual activity
  659  with certain minors.
  660         (s) Section 794.08, relating to female genital mutilation.
  661         (t) Chapter 796, relating to prostitution.
  662         (u) Chapter 800, relating to lewdness and indecent
  663  exposure.
  664         (v) Section 806.01, relating to arson.
  665         (w) Section 810.14, relating to voyeurism.
  666         (x) Section 810.145, relating to video voyeurism.
  667         (y) Section 812.014(6), relating to coordinating the
  668  commission of theft in excess of $3,000.
  669         (z) Section 812.0145, relating to theft from persons 65
  670  years of age or older.
  671         (aa) Section 812.019, relating to dealing in stolen
  672  property.
  673         (bb) Section 812.13, relating to robbery.
  674         (cc) Section 812.131, relating to robbery by sudden
  675  snatching.
  676         (dd) Section 812.133, relating to carjacking.
  677         (ee) Section 812.135, relating to home-invasion robbery.
  678         (ff) Section 817.563, relating to fraudulent sale of
  679  controlled substances.
  680         (gg) Section 825.102, relating to abuse, aggravated abuse,
  681  or neglect of an elderly person or disabled adult.
  682         (hh) Section 825.103, relating to exploitation of an
  683  elderly person or disabled adult.
  684         (ii) Section 825.1025, relating to lewd or lascivious
  685  offenses committed upon or in the presence of an elderly person
  686  or disabled person.
  687         (jj) Section 826.04, relating to incest.
  688         (kk) Section 827.03, relating to child abuse, aggravated
  689  child abuse, or neglect of a child.
  690         (ll) Section 827.04, relating to contributing to the
  691  delinquency or dependency of a child.
  692         (mm) Section 827.071, relating to sexual performance by a
  693  child.
  694         (nn) Section 843.01, relating to resisting arrest with
  695  violence.
  696         (oo) Chapter 847, relating to obscenity.
  697         (pp) Section 874.05, relating to causing, encouraging,
  698  soliciting, or recruiting another to join a criminal street
  699  gang.
  700         (qq) Chapter 893, relating to drug abuse prevention and
  701  control, if the offense was a felony of the second degree or
  702  greater severity.
  703         (rr) Section 916.1075, relating to sexual misconduct with
  704  certain forensic clients and reporting of such sexual
  705  misconduct.
  706         (ss) Section 944.47, relating to introduction, removal, or
  707  possession of contraband at a correctional facility.
  708         (tt) Section 985.701, relating to sexual misconduct in
  709  juvenile justice programs.
  710         (uu) Section 985.711, relating to introduction, removal, or
  711  possession of contraband at a juvenile detention facility or
  712  commitment program.
  713         (2) Any misdemeanor offense prohibited under any of the
  714  following statutes:
  715         (a) Section 784.03, relating to battery, if the victim of
  716  the offense was a minor.
  717         (b) Section 787.025, relating to luring or enticing a
  718  child.
  719         (3) Any criminal act committed in another state or under
  720  federal law which, if committed in this state, constitutes an
  721  offense prohibited under any statute listed in subsection (1) or
  722  subsection (2).
  723         (4) Any delinquent act committed in this state or any
  724  delinquent or criminal act committed in another state or under
  725  federal law which, if committed in this state, qualifies an
  726  individual for inclusion on the Registered Juvenile Sex Offender
  727  List under s. 943.0435(1)(h)1.d.
  728         Section 9. Paragraph (e) of subsection (1) of section
  729  1012.796, Florida Statutes, is amended to read:
  730         1012.796 Complaints against teachers and administrators;
  731  procedure; penalties.—
  732         (1)
  733         (e) If allegations arise against an employee who is
  734  certified under s. 1012.56 and employed in an educator
  735  certificated position in any public school, charter school or
  736  governing board thereof, or private school that accepts
  737  scholarship students under s. 1002.385, s. 1002.39, or s.
  738  1002.395, or another state scholarship program under chapter
  739  1002, the school shall file in writing with the department a
  740  legally sufficient complaint within 30 days after the date on
  741  which the subject matter of the complaint came to the attention
  742  of the school. A complaint is legally sufficient if it contains
  743  ultimate facts that show a violation has occurred as provided in
  744  s. 1012.795 and defined by rule of the State Board of Education.
  745  The school shall include all known information relating to the
  746  complaint with the filing of the complaint. This paragraph does
  747  not limit or restrict the power and duty of the department to
  748  investigate complaints, regardless of the school’s untimely
  749  filing, or failure to file, complaints and followup reports.
  750         Section 10. This act shall take effect July 1, 2018.