Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS/HB 495, 1st Eng.
       
       
       
       
       
       
                                Ì802062tÎ802062                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/RE/3R         .                                
             03/08/2018 02:45 PM       .                                
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       Senator Passidomo moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (13) of section
    6  121.091, Florida Statutes, is amended to read:
    7         121.091 Benefits payable under the system.—Benefits may not
    8  be paid under this section unless the member has terminated
    9  employment as provided in s. 121.021(39)(a) or begun
   10  participation in the Deferred Retirement Option Program as
   11  provided in subsection (13), and a proper application has been
   12  filed in the manner prescribed by the department. The department
   13  may cancel an application for retirement benefits when the
   14  member or beneficiary fails to timely provide the information
   15  and documents required by this chapter and the department’s
   16  rules. The department shall adopt rules establishing procedures
   17  for application for retirement benefits and for the cancellation
   18  of such application when the required information or documents
   19  are not received.
   20         (13) DEFERRED RETIREMENT OPTION PROGRAM.—In general, and
   21  subject to this section, the Deferred Retirement Option Program,
   22  hereinafter referred to as DROP, is a program under which an
   23  eligible member of the Florida Retirement System may elect to
   24  participate, deferring receipt of retirement benefits while
   25  continuing employment with his or her Florida Retirement System
   26  employer. The deferred monthly benefits shall accrue in the
   27  Florida Retirement System on behalf of the member, plus interest
   28  compounded monthly, for the specified period of the DROP
   29  participation, as provided in paragraph (c). Upon termination of
   30  employment, the member shall receive the total DROP benefits and
   31  begin to receive the previously determined normal retirement
   32  benefits. Participation in the DROP does not guarantee
   33  employment for the specified period of DROP. Participation in
   34  DROP by an eligible member beyond the initial 60-month period as
   35  authorized in this subsection shall be on an annual contractual
   36  basis for all participants.
   37         (b) Participation in DROP.Except as provided in this
   38  paragraph, an eligible member may elect to participate in DROP
   39  for a period not to exceed a maximum of 60 calendar months.
   40         1.a. An eligible member may elect to participate in DROP
   41  for a period not to exceed a maximum of 60 calendar months.
   42  However, members who are instructional personnel employed by the
   43  Florida School for the Deaf and the Blind and authorized by the
   44  Board of Trustees of the Florida School for the Deaf and the
   45  Blind, who are instructional personnel as defined in s.
   46  1012.01(2)(a)-(d) in grades K-12 and authorized by the district
   47  school superintendent, or who are instructional personnel as
   48  defined in s. 1012.01(2)(a) employed by a developmental research
   49  school and authorized by the school’s director, or if the school
   50  has no director, by the school’s principal, may participate in
   51  DROP for up to 36 calendar months beyond the 60-month period.
   52  Effective July 1, 2018, instructional personnel who are
   53  authorized to extend DROP participation beyond the 60-month
   54  period must have a termination date that is the last day of the
   55  last calendar month of the school year within the DROP extension
   56  granted by the employer. If, on July 1, 2018, the member’s DROP
   57  participation has already been extended for the maximum 36
   58  calendar months and the extension period concludes before the
   59  end of the school year, the member’s DROP participation may be
   60  extended through the last day of the last calendar month of that
   61  school year. The employer shall notify the division of the
   62  change in termination date and the additional period of DROP
   63  participation for the affected instructional personnel.
   64         b. Administrative personnel in grades K-12, as defined in
   65  s. 1012.01(3), who have a DROP termination date on or after July
   66  1, 2018, may be authorized to extend DROP participation beyond
   67  the initial 60 calendar month period if the administrative
   68  personnel’s termination date is before the end of the school
   69  year. Such administrative personnel may have DROP participation
   70  extended until the last day of the last calendar month of the
   71  school year in which their original DROP termination date
   72  occurred if a date other than the last day of the last calendar
   73  month of the school year is designated. The employer shall
   74  notify the division of the change in termination date and the
   75  additional period of DROP participation for the affected
   76  administrative personnel.
   77         2. Upon deciding to participate in DROP, the member shall
   78  submit, on forms required by the division:
   79         a. A written election to participate in DROP;
   80         b. Selection of DROP participation and termination dates
   81  that satisfy the limitations stated in paragraph (a) and
   82  subparagraph 1. The termination date must be in a binding letter
   83  of resignation to the employer establishing a deferred
   84  termination date. The member may change the termination date
   85  within the limitations of subparagraph 1., but only with the
   86  written approval of the employer;
   87         c. A properly completed DROP application for service
   88  retirement as provided in this section; and
   89         d. Any other information required by the division.
   90         3. The DROP participant is a retiree under the Florida
   91  Retirement System for all purposes, except for paragraph (5)(f)
   92  and subsection (9) and ss. 112.3173, 112.363, 121.053, and
   93  121.122. DROP participation is final and may not be canceled by
   94  the participant after the first payment is credited during the
   95  DROP participation period. However, participation in DROP does
   96  not alter the participant’s employment status, and the member is
   97  not deemed retired from employment until his or her deferred
   98  resignation is effective and termination occurs as defined in s.
   99  121.021.
  100         4. Elected officers are eligible to participate in DROP
  101  subject to the following:
  102         a. An elected officer who reaches normal retirement date
  103  during a term of office may defer the election to participate
  104  until the next succeeding term in that office. An elected
  105  officer who exercises this option may participate in DROP for up
  106  to 60 calendar months or no longer than the succeeding term of
  107  office, whichever is less.
  108         b. An elected or a nonelected participant may run for a
  109  term of office while participating in DROP and, if elected,
  110  extend the DROP termination date accordingly; however, if such
  111  additional term of office exceeds the 60-month limitation
  112  established in subparagraph 1., and the officer does not resign
  113  from office within such 60-month limitation, the retirement and
  114  the participant’s DROP is null and void as provided in sub
  115  subparagraph (c)5.d.
  116         c. An elected officer who is dually employed and elects to
  117  participate in DROP must terminate all employment relationships
  118  as provided in s. 121.021(39) for the nonelected position within
  119  the original 60-month period or maximum participation period as
  120  provided in subparagraph 1. For DROP participation ending:
  121         (I) Before July 1, 2010, the officer may continue
  122  employment as an elected officer as provided in s. 121.053. The
  123  elected officer shall be enrolled as a renewed member in the
  124  Elected Officers’ Class or the Regular Class, as provided in ss.
  125  121.053 and 121.122, on the first day of the month after
  126  termination of employment in the nonelected position and
  127  termination of DROP. Distribution of the DROP benefits shall be
  128  made as provided in paragraph (c).
  129         (II) On or after July 1, 2010, the officer may continue
  130  employment as an elected officer but must defer termination as
  131  provided in s. 121.053.
  132         Section 2. The Legislature finds that a proper and
  133  legitimate state purpose is served when employees and retirees
  134  of the state and its political subdivisions, and the dependents,
  135  survivors, and beneficiaries of such employees and retirees, are
  136  extended the basic protections afforded by governmental
  137  retirement systems. These persons must be provided benefits that
  138  are fair and adequate and that are managed, administered, and
  139  funded in an actuarially sound manner, as required by s. 14,
  140  Article X of the State Constitution and part VII of chapter 112,
  141  Florida Statutes. Therefore, the Legislature determines and
  142  declares that the amendments made to s. 121.091, Florida
  143  Statutes, by this act fulfills an important state interest.
  144         Section 3. Section 1007.2616, Florida Statutes, is amended
  145  to read:
  146         1007.2616 Computer science and technology instruction.—
  147         (1)For the purposes of this section, the term “computer
  148  science” means the study of computers and algorithmic processes,
  149  including their principles, hardware and software designs,
  150  applications, and their impact on society, and includes computer
  151  coding and computer programming.
  152         (2)(a)(1) Public schools shall provide students in grades
  153  K-12 opportunities for learning computer science, including, but
  154  not limited to, computer coding and computer programming. Such
  155  opportunities may include coding instruction in elementary
  156  school and middle school and, instruction to develop students’
  157  computer usage and digital literacy skills in middle school, and
  158  must include courses in computer science, computer coding, and
  159  computer programming in middle school and high school, including
  160  earning-related industry certifications. Such courses must be
  161  integrated into each school district’s middle and high schools,
  162  including combination schools in which any of grades 6 through
  163  12 are taught.
  164         (b)Computer science courses must be identified in the
  165  Course Code Directory and published on the Department of
  166  Education’s website no later than July 1, 2018. Additional
  167  computer science courses may be subsequently identified and
  168  posted on the department’s website.
  169         (3)The Florida Virtual School shall offer computer science
  170  courses identified in the Course Code Directory pursuant to
  171  paragraph (2)(b). If a school district does not offer an
  172  identified course, the district must provide students access to
  173  the course through the Florida Virtual School or through other
  174  means.
  175         (4)(a)Subject to legislative appropriation, a school
  176  district or a consortium of school districts may apply to the
  177  department, in a format prescribed by the department, for
  178  funding to deliver or facilitate training for classroom teachers
  179  to earn an educator certificate in computer science pursuant to
  180  s. 1012.56 or an industry certification associated with a course
  181  identified in the Course Code Directory pursuant to paragraph
  182  (2)(b). Such funding shall only be used to provide training for
  183  classroom teachers and to pay fees for examinations that lead to
  184  a credential pursuant to this paragraph.
  185         (b)Once the department has identified courses in the
  186  Course Code Directory pursuant to paragraph (2)(b), the
  187  department shall establish a deadline for submitting
  188  applications. The department shall award funding to school
  189  districts in a manner that allows for an equitable distribution
  190  of funding statewide based on student population.
  191         (5)(2) Elementary schools and middle schools may establish
  192  digital classrooms in which students are provided opportunities
  193  to improve digital literacy and competency; to learn digital
  194  skills, such as coding, multiple media presentation, and the
  195  manipulation of multiple digital graphic images; and to earn
  196  digital tool certificates and certifications pursuant to s.
  197  1003.4203 and grade-appropriate, technology-related industry
  198  certifications.
  199         (6)(3) High school students must be provided schools may
  200  provide students opportunities to take computer science courses
  201  to satisfy high school graduation requirements, including, but
  202  not limited to, the following:
  203         (a) High school computer science courses of sufficient
  204  rigor, as identified by the commissioner, such that one credit
  205  in computer science and the earning of related industry
  206  certifications constitute the equivalent of up to one credit of
  207  the mathematics requirement, with the exception of Algebra I or
  208  higher-level mathematics, or up to one credit of the science
  209  requirement, with the exception of Biology I or higher-level
  210  science, for high school graduation. Computer science courses
  211  and technology-related industry certifications that are
  212  identified as eligible for meeting mathematics or science
  213  requirements for high school graduation shall be included in the
  214  Course Code Directory.
  215         (b) High school computer technology courses in 3D rapid
  216  prototype printing of sufficient rigor, as identified by the
  217  commissioner, such that one or more credits in such courses and
  218  related industry certifications earned may satisfy up to two
  219  credits of mathematics required for high school graduation with
  220  the exception of Algebra I. Computer technology courses in 3D
  221  rapid prototype printing and related industry certifications
  222  that are identified as eligible for meeting mathematics
  223  requirements for high school graduation shall be included in the
  224  Course Code Directory.
  225         (7)Subject to legislative appropriation, a classroom
  226  teacher who was evaluated as effective or highly effective
  227  pursuant to s. 1012.34 in the previous school year or who is
  228  newly hired by the district school board and has not been
  229  evaluated pursuant to s. 1012.34 must receive a bonus as
  230  follows:
  231         (a)If the classroom teacher holds an educator certificate
  232  in computer science pursuant to s. 1012.56 or if he or she has
  233  passed the computer science subject area examination and holds
  234  an adjunct certificate issued by a school district pursuant to
  235  s. 1012.57, he or she shall receive a bonus of $1,000 after each
  236  year the individual completes teaching a computer science course
  237  identified in the Course Code Directory pursuant to paragraph
  238  (2)(b) at a public middle, high, or combination school in the
  239  state, for up to 3 years.
  240         (b)If the classroom teacher holds an industry
  241  certification associated with a course identified in the Course
  242  Code Directory pursuant to paragraph (2)(b), he or she shall
  243  receive a bonus of $500 after each year the individual completes
  244  teaching the identified course at a public middle, high, or
  245  combination school in the state, for up to 3 years.
  246  
  247  A school district shall report a qualifying classroom teacher to
  248  the department by a date and in a format established by the
  249  department. An eligible classroom teacher shall receive his or
  250  her bonus upon completion of the school year in which he or she
  251  taught the course. A teacher may not receive more than one bonus
  252  per year under this subsection.
  253         (8)(4) The State Board of Education shall may adopt rules
  254  to administer this section.
  255         Section 4. Section 800.101, Florida Statutes, is created to
  256  read:
  257         800.101 Offenses against students by authority figures.—
  258         (1) As used in this section, the term:
  259         (a) “Authority figure” means a person 18 years of age or
  260  older who is employed by, volunteering at, or under contract
  261  with a school, including school resource officers as provided in
  262  s. 1006.12.
  263         (b) “School” has the same meaning as provided in s. 1003.01
  264  and includes a private school as defined in s. 1002.01, a
  265  voluntary prekindergarten education program as described in s.
  266  1002.53(3), early learning programs, a public school as
  267  described in s. 402.3025(1), the Florida School for the Deaf and
  268  the Blind, and the Florida Virtual School established under s.
  269  1002.37. The term does not include a facility dedicated
  270  exclusively to the education of adults.
  271         (c) “Student” means a person who is enrolled at a school.
  272         (2) An authority figure shall not solicit or engage in:
  273         (a) Sexual conduct;
  274         (b) A relationship of a romantic nature; or
  275         (c) Lewd conduct
  276  
  277  with a student.
  278         (3) A person who violates this section commits a felony of
  279  the second degree, punishable as provided in s. 775.082, s.
  280  775.083, or s. 775.084.
  281         (4) This section does not apply to conduct constituting an
  282  offense that is subject to reclassification under s. 775.0862.
  283         Section 5. Subsection (5) of section 810.097, Florida
  284  Statutes, is amended to read:
  285         810.097 Trespass upon grounds or facilities of a school;
  286  penalties; arrest.—
  287         (5) As used in this section, the term “school” means the
  288  grounds or any facility, including school buses, of any
  289  kindergarten, elementary school, middle school, junior high
  290  school, or secondary school, whether public or nonpublic.
  291         Section 6. Subsection (6) and paragraph (b) of subsection
  292  (7) of section 1001.42, Florida Statutes, are amended to read:
  293         1001.42 Powers and duties of district school board.—The
  294  district school board, acting as a board, shall exercise all
  295  powers and perform all duties listed below:
  296         (6) STANDARDS OF ETHICAL CONDUCT FOR INSTRUCTIONAL
  297  PERSONNEL AND SCHOOL ADMINISTRATORS.—Adopt policies establishing
  298  standards of ethical conduct for instructional personnel and
  299  school administrators. The policies must require all
  300  instructional personnel and school administrators, as defined in
  301  s. 1012.01, to complete training on the standards; establish the
  302  duty of instructional personnel and school administrators to
  303  report, and procedures for reporting, alleged misconduct by
  304  other instructional personnel and school administrators which
  305  affects the health, safety, or welfare of a student, including
  306  misconduct that involves engaging in or soliciting sexual,
  307  romantic, or lewd conduct with a student; require the district
  308  school superintendent to report to law enforcement misconduct by
  309  instructional personnel or school administrators that would
  310  result in disqualification from educator certification or
  311  employment as provided in s. 1012.315; and include an
  312  explanation of the liability protections provided under ss.
  313  39.203 and 768.095. A district school board, or any of its
  314  employees, may not enter into a confidentiality agreement
  315  regarding terminated or dismissed instructional personnel or
  316  school administrators, or personnel or administrators who resign
  317  in lieu of termination, based in whole or in part on misconduct
  318  that affects the health, safety, or welfare of a student, and
  319  may not provide instructional personnel or school administrators
  320  with employment references or discuss the personnel’s or
  321  administrators’ performance with prospective employers in
  322  another educational setting, without disclosing the personnel’s
  323  or administrators’ misconduct. Any part of an agreement or
  324  contract that has the purpose or effect of concealing misconduct
  325  by instructional personnel or school administrators which
  326  affects the health, safety, or welfare of a student is void, is
  327  contrary to public policy, and may not be enforced.
  328         (7) DISQUALIFICATION FROM EMPLOYMENT.—Disqualify
  329  instructional personnel and school administrators, as defined in
  330  s. 1012.01, from employment in any position that requires direct
  331  contact with students if the personnel or administrators are
  332  ineligible for such employment under s. 1012.315. An elected or
  333  appointed school board official forfeits his or her salary for 1
  334  year if:
  335         (b) The school board official knowingly fails to adopt
  336  policies that require:
  337         1. Instructional personnel and school administrators to
  338  report alleged misconduct by other instructional personnel and
  339  school administrators;
  340         2. The district school superintendent to report misconduct
  341  by instructional personnel or school administrators that would
  342  result in disqualification from educator certification or
  343  employment as provided in s. 1012.315 to the law enforcement
  344  agencies with jurisdiction over the conduct;, or
  345         3.that require The investigation of all reports of alleged
  346  misconduct by instructional personnel and school administrators,
  347  if the misconduct affects the health, safety, or welfare of a
  348  student.
  349         Section 7. Subsection (12) of section 1001.51, Florida
  350  Statutes, is amended to read:
  351         1001.51 Duties and responsibilities of district school
  352  superintendent.—The district school superintendent shall
  353  exercise all powers and perform all duties listed below and
  354  elsewhere in the law, provided that, in so doing, he or she
  355  shall advise and counsel with the district school board. The
  356  district school superintendent shall perform all tasks necessary
  357  to make sound recommendations, nominations, proposals, and
  358  reports required by law to be acted upon by the district school
  359  board. All such recommendations, nominations, proposals, and
  360  reports by the district school superintendent shall be either
  361  recorded in the minutes or shall be made in writing, noted in
  362  the minutes, and filed in the public records of the district
  363  school board. It shall be presumed that, in the absence of the
  364  record required in this section, the recommendations,
  365  nominations, and proposals required of the district school
  366  superintendent were not contrary to the action taken by the
  367  district school board in such matters.
  368         (12) RECORDS AND REPORTS.—Recommend such records as should
  369  be kept in addition to those prescribed by rules of the State
  370  Board of Education; prepare forms for keeping such records as
  371  are approved by the district school board; ensure that such
  372  records are properly kept; and make all reports that are needed
  373  or required, as follows:
  374         (a) Forms, blanks, and reports.—Require that all employees
  375  accurately keep all records and promptly make in proper form all
  376  reports required by the education code or by rules of the State
  377  Board of Education; recommend the keeping of such additional
  378  records and the making of such additional reports as may be
  379  deemed necessary to provide data essential for the operation of
  380  the school system; and prepare such forms and blanks as may be
  381  required and ensure that these records and reports are properly
  382  prepared.
  383         (b) Reports to the department.—Prepare, for the approval of
  384  the district school board, all reports required by law or rules
  385  of the State Board of Education to be made to the department and
  386  transmit promptly all such reports, when approved, to the
  387  department, as required by law. If any reports are not
  388  transmitted at the time and in the manner prescribed by law or
  389  by State Board of Education rules, the salary of the district
  390  school superintendent must be withheld until the report has been
  391  properly submitted. Unless otherwise provided by rules of the
  392  State Board of Education, the annual report on attendance and
  393  personnel is due on or before July 1, and the annual school
  394  budget and the report on finance are due on the date prescribed
  395  by the commissioner.
  396  
  397  Any district school superintendent who knowingly signs and
  398  transmits to any state official a report that the superintendent
  399  knows to be false or incorrect; who knowingly fails to
  400  investigate any allegation of misconduct by instructional
  401  personnel or school administrators, as defined in s. 1012.01,
  402  which affects the health, safety, or welfare of a student; or
  403  who knowingly fails to report the alleged misconduct to the
  404  department as required in s. 1012.796; or who knowingly fails to
  405  report misconduct to the law enforcement agencies with
  406  jurisdiction over the conduct pursuant to district school board
  407  policy under s. 1001.42(6), forfeits his or her salary for 1
  408  year following the date of such act or failure to act.
  409         Section 8. Subsections (5) and (6) of section 1012.27,
  410  Florida Statutes, are amended to read:
  411         1012.27 Public school personnel; powers and duties of
  412  district school superintendent.—The district school
  413  superintendent is responsible for directing the work of the
  414  personnel, subject to the requirements of this chapter, and in
  415  addition the district school superintendent shall perform the
  416  following:
  417         (5) SUSPENSION AND DISMISSAL; NOTIFICATION.—
  418         (a) Suspend members of the instructional staff and other
  419  school employees during emergencies for a period extending to
  420  and including the day of the next regular or special meeting of
  421  the district school board and notify the district school board
  422  immediately of such suspension. When authorized to do so, serve
  423  notice on the suspended member of the instructional staff of
  424  charges made against him or her and of the date of hearing.
  425  Recommend employees for dismissal under the terms prescribed
  426  herein.
  427         (b) Notify the parent of a student who was subjected to or
  428  affected by misconduct identified under s. 1001.42(6) within 30
  429  days after the date on which the school district learns of the
  430  misconduct. The notification must inform the parent of:
  431         1. The alleged misconduct, including which allegations have
  432  been substantiated, if any.
  433         2. Whether the district reported the misconduct to the
  434  department, if required by s. 1012.796(1)(d).
  435         3. The sanctions imposed by the school district against the
  436  employee, if any.
  437         4. The support the school district will make available to
  438  the student in response to the misconduct.
  439         (6) EMPLOYMENT HISTORY CHECKS.—Before employing a person
  440  instructional personnel and school administrators, as defined in
  441  s. 1012.01, in any position that requires direct contact with
  442  students, conduct employment history checks of each of the
  443  person’s personnel’s or administrators’ previous employers,
  444  screen instructional the personnel and school or administrators,
  445  as defined in s. 1012.01, through use of the educator screening
  446  tools described in s. 1001.10(5), and document the findings. If
  447  unable to contact a previous employer, the district school
  448  superintendent shall document efforts to contact the employer.
  449         Section 9. Paragraph (a) of subsection (2) and paragraph
  450  (a) of subsection (3) of section 1012.31, Florida Statutes, are
  451  amended to read:
  452         1012.31 Personnel files.—Public school system employee
  453  personnel files shall be maintained according to the following
  454  provisions:
  455         (2)(a) Materials relating to work performance, discipline,
  456  suspension, or dismissal must be reduced to writing and signed
  457  by a person competent to know the facts or make the judgment.
  458  The resignation or termination of an employee before an
  459  investigation of alleged misconduct by the employee affecting
  460  the health, safety, or welfare of a student is concluded must be
  461  clearly indicated in the employee’s personnel file.
  462         (3)(a) Public school system employee personnel files are
  463  subject to the provisions of s. 119.07(1), except as follows:
  464         1. Any complaint and any material relating to the
  465  investigation of a complaint against an employee shall be
  466  confidential and exempt from the provisions of s. 119.07(1)
  467  until the conclusion of the preliminary investigation or until
  468  such time as the preliminary investigation ceases to be active.
  469  If the preliminary investigation is concluded with the finding
  470  that there is no probable cause to proceed further and with no
  471  disciplinary action taken or charges filed, a statement to that
  472  effect signed by the responsible investigating official shall be
  473  attached to the complaint, and the complaint and all such
  474  materials shall be open thereafter to inspection pursuant to s.
  475  119.07(1). If the preliminary investigation is concluded with
  476  the finding that there is probable cause to proceed further or
  477  with disciplinary action taken or charges filed, the complaint
  478  and all such materials shall be open thereafter to inspection
  479  pursuant to s. 119.07(1). If the preliminary investigation
  480  ceases to be active, the complaint and all such materials shall
  481  be open thereafter to inspection pursuant to s. 119.07(1). For
  482  the purpose of this subsection, a preliminary investigation
  483  shall be considered active as long as it is continuing with a
  484  reasonable, good faith anticipation that an administrative
  485  finding will be made in the foreseeable future. An investigation
  486  shall be presumed to be inactive if no finding relating to
  487  probable cause is made within 60 days after the complaint is
  488  made. This subparagraph does not absolve the school district of
  489  its duty to provide any legally sufficient complaint to the
  490  department within 30 days after the date on which the subject
  491  matter of the complaint comes to the attention of the school
  492  district pursuant to s. 1012.796(1)(d)1., regardless of the
  493  status of the complaint.
  494         2. An employee evaluation prepared pursuant to s. 1012.33,
  495  s. 1012.34, or s. 1012.56 or rules adopted by the State Board of
  496  Education or district school board under the authority of those
  497  sections shall be confidential and exempt from the provisions of
  498  s. 119.07(1) until the end of the school year immediately
  499  following the school year in which the evaluation was made. No
  500  evaluation prepared before July 1, 1983, shall be made public
  501  pursuant to this section.
  502         3. No material derogatory to an employee shall be open to
  503  inspection until 10 days after the employee has been notified
  504  pursuant to paragraph (2)(c).
  505         4. The payroll deduction records of an employee shall be
  506  confidential and exempt from the provisions of s. 119.07(1).
  507         5. Employee medical records, including psychiatric and
  508  psychological records, shall be confidential and exempt from the
  509  provisions of s. 119.07(1); however, at any hearing relative to
  510  the competency or performance of an employee, the administrative
  511  law judge, hearing officer, or panel shall have access to such
  512  records.
  513         Section 10. Section 1012.315, Florida Statutes, is amended
  514  to read:
  515         1012.315 Disqualification from employment.—A person is
  516  ineligible for educator certification or, and instructional
  517  personnel and school administrators, as defined in s. 1012.01,
  518  are ineligible for employment in any position that requires
  519  direct contact with students in a district school system,
  520  charter school, or private school that accepts scholarship
  521  students under s. 1002.39 or s. 1002.395, if the person,
  522  instructional personnel, or school administrator has been
  523  convicted of:
  524         (1) Any felony offense prohibited under any of the
  525  following statutes:
  526         (a) Section 393.135, relating to sexual misconduct with
  527  certain developmentally disabled clients and reporting of such
  528  sexual misconduct.
  529         (b) Section 394.4593, relating to sexual misconduct with
  530  certain mental health patients and reporting of such sexual
  531  misconduct.
  532         (c) Section 415.111, relating to adult abuse, neglect, or
  533  exploitation of aged persons or disabled adults.
  534         (d) Section 782.04, relating to murder.
  535         (e) Section 782.07, relating to manslaughter, aggravated
  536  manslaughter of an elderly person or disabled adult, aggravated
  537  manslaughter of a child, or aggravated manslaughter of an
  538  officer, a firefighter, an emergency medical technician, or a
  539  paramedic.
  540         (f) Section 784.021, relating to aggravated assault.
  541         (g) Section 784.045, relating to aggravated battery.
  542         (h) Section 784.075, relating to battery on a detention or
  543  commitment facility staff member or a juvenile probation
  544  officer.
  545         (i) Section 787.01, relating to kidnapping.
  546         (j) Section 787.02, relating to false imprisonment.
  547         (k) Section 787.025, relating to luring or enticing a
  548  child.
  549         (l) Section 787.04(2), relating to leading, taking,
  550  enticing, or removing a minor beyond the state limits, or
  551  concealing the location of a minor, with criminal intent pending
  552  custody proceedings.
  553         (m) Section 787.04(3), relating to leading, taking,
  554  enticing, or removing a minor beyond the state limits, or
  555  concealing the location of a minor, with criminal intent pending
  556  dependency proceedings or proceedings concerning alleged abuse
  557  or neglect of a minor.
  558         (n) Section 790.115(1), relating to exhibiting firearms or
  559  weapons at a school-sponsored event, on school property, or
  560  within 1,000 feet of a school.
  561         (o) Section 790.115(2)(b), relating to possessing an
  562  electric weapon or device, destructive device, or other weapon
  563  at a school-sponsored event or on school property.
  564         (p) Section 794.011, relating to sexual battery.
  565         (q) Former s. 794.041, relating to sexual activity with or
  566  solicitation of a child by a person in familial or custodial
  567  authority.
  568         (r) Section 794.05, relating to unlawful sexual activity
  569  with certain minors.
  570         (s) Section 794.08, relating to female genital mutilation.
  571         (t) Chapter 796, relating to prostitution.
  572         (u) Chapter 800, relating to lewdness and indecent
  573  exposure.
  574         (v) Section 800.101, relating to offenses against students
  575  by authority figures.
  576         (w)(v) Section 806.01, relating to arson.
  577         (x)(w) Section 810.14, relating to voyeurism.
  578         (y)(x) Section 810.145, relating to video voyeurism.
  579         (z)(y) Section 812.014(6), relating to coordinating the
  580  commission of theft in excess of $3,000.
  581         (aa)(z) Section 812.0145, relating to theft from persons 65
  582  years of age or older.
  583         (bb)(aa) Section 812.019, relating to dealing in stolen
  584  property.
  585         (cc)(bb) Section 812.13, relating to robbery.
  586         (dd)(cc) Section 812.131, relating to robbery by sudden
  587  snatching.
  588         (ee)(dd) Section 812.133, relating to carjacking.
  589         (ff)(ee) Section 812.135, relating to home-invasion
  590  robbery.
  591         (gg)(ff) Section 817.563, relating to fraudulent sale of
  592  controlled substances.
  593         (hh)(gg) Section 825.102, relating to abuse, aggravated
  594  abuse, or neglect of an elderly person or disabled adult.
  595         (ii)(hh) Section 825.103, relating to exploitation of an
  596  elderly person or disabled adult.
  597         (jj)(ii) Section 825.1025, relating to lewd or lascivious
  598  offenses committed upon or in the presence of an elderly person
  599  or disabled person.
  600         (kk)(jj) Section 826.04, relating to incest.
  601         (ll)(kk) Section 827.03, relating to child abuse,
  602  aggravated child abuse, or neglect of a child.
  603         (mm)(ll) Section 827.04, relating to contributing to the
  604  delinquency or dependency of a child.
  605         (nn)(mm) Section 827.071, relating to sexual performance by
  606  a child.
  607         (oo)(nn) Section 843.01, relating to resisting arrest with
  608  violence.
  609         (pp)(oo) Chapter 847, relating to obscenity.
  610         (qq)(pp) Section 874.05, relating to causing, encouraging,
  611  soliciting, or recruiting another to join a criminal street
  612  gang.
  613         (rr)(qq) Chapter 893, relating to drug abuse prevention and
  614  control, if the offense was a felony of the second degree or
  615  greater severity.
  616         (ss)(rr) Section 916.1075, relating to sexual misconduct
  617  with certain forensic clients and reporting of such sexual
  618  misconduct.
  619         (tt)(ss) Section 944.47, relating to introduction, removal,
  620  or possession of contraband at a correctional facility.
  621         (uu)(tt) Section 985.701, relating to sexual misconduct in
  622  juvenile justice programs.
  623         (vv)(uu) Section 985.711, relating to introduction,
  624  removal, or possession of contraband at a juvenile detention
  625  facility or commitment program.
  626         (2) Any misdemeanor offense prohibited under any of the
  627  following statutes:
  628         (a) Section 784.03, relating to battery, if the victim of
  629  the offense was a minor.
  630         (b) Section 787.025, relating to luring or enticing a
  631  child.
  632         (3) Any criminal act committed in another state or under
  633  federal law which, if committed in this state, constitutes an
  634  offense prohibited under any statute listed in subsection (1) or
  635  subsection (2).
  636         (4) Any delinquent act committed in this state or any
  637  delinquent or criminal act committed in another state or under
  638  federal law which, if committed in this state, qualifies an
  639  individual for inclusion on the Registered Juvenile Sex Offender
  640  List under s. 943.0435(1)(h)1.d.
  641         Section 11. Subsection (12) of section 1012.56, Florida
  642  Statutes, is amended to read:
  643         1012.56 Educator certification requirements.—
  644         (12) DENIAL OF CERTIFICATE.—
  645         (a) The Department of Education may deny an applicant a
  646  certificate if the department possesses evidence satisfactory to
  647  it that the applicant has committed an act or acts, or that a
  648  situation exists, for which the Education Practices Commission
  649  would be authorized to discipline a certified educator revoke a
  650  teaching certificate.
  651         (b) The decision of the department is subject to review by
  652  the Education Practices Commission upon the filing of a written
  653  request from the applicant within 20 days after receipt of the
  654  notice of denial. Upon review, the commission may deny the award
  655  of a certificate, bar an applicant from reapplying for a
  656  certificate, or allow the award of a certificate with one or
  657  more of the following conditions:
  658         1. Probation for a period of time.
  659         2. Restriction on the scope of practice.
  660         3. Issuance of a letter of reprimand.
  661         4. Referral to the recovery network program provided in s.
  662  1012.798 under such terms and conditions as the commission may
  663  specify.
  664         5. Imposition of an administrative fine not to exceed
  665  $2,000 for each count or separate offense.
  666         Section 12. Subsections (1) and (5) of section 1012.795,
  667  Florida Statutes, are amended to read:
  668         1012.795 Education Practices Commission; authority to
  669  discipline.—
  670         (1) The Education Practices Commission may suspend the
  671  educator certificate of any instructional personnel or school
  672  administrator, person as defined in s. 1012.01(2) or (3), for up
  673  to 5 years, thereby denying that person the right to teach or
  674  otherwise be employed by a district school board or public
  675  school in any capacity requiring direct contact with students
  676  for that period of time, after which the person holder may
  677  return to teaching as provided in subsection (4); may revoke the
  678  educator certificate of any person, thereby denying that person
  679  the right to teach or otherwise be employed by a district school
  680  board or public school in any capacity requiring direct contact
  681  with students for up to 10 years, with reinstatement subject to
  682  the provisions of subsection (4); may permanently revoke
  683  permanently the educator certificate of any person thereby
  684  denying that person the right to teach or otherwise be employed
  685  by a district school board or public school in any capacity
  686  requiring direct contact with students; may suspend a person’s
  687  the educator certificate, upon an order of the court or notice
  688  by the Department of Revenue relating to the payment of child
  689  support; or may impose any other penalty provided by law, if the
  690  person:
  691         (a) Obtained or attempted to obtain an educator certificate
  692  by fraudulent means.
  693         (b) Knowingly failed to report actual or suspected child
  694  abuse as required in s. 1006.061 or report alleged misconduct by
  695  instructional personnel or school administrators which affects
  696  the health, safety, or welfare of a student as required in s.
  697  1012.796.
  698         (c) Has proved to be incompetent to teach or to perform
  699  duties as an employee of the public school system or to teach in
  700  or to operate a private school.
  701         (d) Has been guilty of gross immorality or an act involving
  702  moral turpitude as defined by rule of the State Board of
  703  Education, including engaging in or soliciting sexual, romantic,
  704  or lewd conduct with a student or minor.
  705         (e) Has had an educator certificate or other professional
  706  license sanctioned by this or any other revocation, suspension,
  707  or surrender in another state or has had the authority to
  708  practice the regulated profession revoked, suspended, or
  709  otherwise acted against, including a denial of certification or
  710  licensure, by the licensing or certifying authority of any
  711  jurisdiction, including its agencies and subdivisions. The
  712  licensing or certifying authority’s acceptance of a
  713  relinquishment, stipulation, consent order, or other settlement
  714  offered in response to or in anticipation of the filing of
  715  charges against the licensee or certificateholder shall be
  716  construed as action against the license or certificate. For
  717  purposes of this section, a sanction or action against a
  718  professional license, a certificate, or an authority to practice
  719  a regulated profession must relate to being an educator or the
  720  fitness of or ability to be an educator.
  721         (f) Has been convicted or found guilty of, has had
  722  adjudication withheld for, or has pled entered a plea of guilty
  723  or nolo contendere to, regardless of adjudication of guilt, a
  724  misdemeanor, felony, or any other criminal charge, other than a
  725  minor traffic violation.
  726         (g) Upon investigation, has been found guilty of personal
  727  conduct that seriously reduces that person’s effectiveness as an
  728  employee of the district school board.
  729         (h) Has breached a contract, as provided in s. 1012.33(2)
  730  or s. 1012.335.
  731         (i) Has been the subject of a court order or notice by the
  732  Department of Revenue pursuant to s. 409.2598 directing the
  733  Education Practices Commission to suspend the certificate as a
  734  result of noncompliance with a child support order, a subpoena,
  735  an order to show cause, or a written agreement with the
  736  Department of Revenue.
  737         (j) Has violated the Principles of Professional Conduct for
  738  the Education Profession prescribed by State Board of Education
  739  rules.
  740         (k) Has otherwise violated the provisions of law, the
  741  penalty for which is the revocation of the educator certificate.
  742         (l) Has violated any order of the Education Practices
  743  Commission.
  744         (m) Has been the subject of a court order or plea agreement
  745  in any jurisdiction which requires the certificateholder to
  746  surrender or otherwise relinquish his or her educator’s
  747  certificate. A surrender or relinquishment shall be for
  748  permanent revocation of the certificate. A person may not
  749  surrender or otherwise relinquish his or her certificate prior
  750  to a finding of probable cause by the commissioner as provided
  751  in s. 1012.796.
  752         (n) Has been disqualified from educator certification under
  753  s. 1012.315.
  754         (o) Has committed a third recruiting offense as determined
  755  by the Florida High School Athletic Association (FHSAA) pursuant
  756  to s. 1006.20(2)(b).
  757         (p) Has violated test security as provided in s. 1008.24.
  758         (5) Each district school superintendent and the governing
  759  authority of each university lab school, state-supported school,
  760  private school, and the FHSAA shall report to the department the
  761  name of any person certified pursuant to this chapter or
  762  employed and qualified pursuant to s. 1012.39:
  763         (a) Who has been convicted or found guilty of, who has had
  764  adjudication withheld for, or who has pled guilty or nolo
  765  contendere to, a misdemeanor, felony, or any other criminal
  766  charge, other than a minor traffic infraction;
  767         (b) Who that official has reason to believe has committed
  768  or is found to have committed any act which would be a ground
  769  for revocation or suspension under subsection (1); or
  770         (c) Who has been dismissed or severed from employment
  771  because of conduct involving any immoral, unnatural, or
  772  lascivious act.
  773         Section 13. Paragraphs (d) and (e) of subsection (1) and
  774  paragraphs (a) and (d) of subsection (7) of section 1012.796,
  775  Florida Statutes, are amended to read:
  776         1012.796 Complaints against teachers and administrators;
  777  procedure; penalties.—
  778         (1)
  779         (d)1. Each school district shall file in writing with the
  780  department all legally sufficient complaints within 30 days
  781  after the date on which subject matter of the complaint comes to
  782  the attention of the school district, regardless of whether the
  783  subject of the complaint is still an employee of the school
  784  district. A complaint is legally sufficient if it contains
  785  ultimate facts that show a violation has occurred as provided in
  786  s. 1012.795 and defined by rule of the State Board of Education.
  787  The school district shall include all information relating to
  788  the complaint which is known to the school district at the time
  789  of filing.
  790         2. A school district shall immediately notify the
  791  department if the subject of a legally sufficient complaint of
  792  misconduct affecting the health, safety, or welfare of a student
  793  resigns or is terminated before the conclusion of the school
  794  district’s investigation. Upon receipt of the notification, the
  795  department shall place an alert on the person’s certification
  796  file indicating that he or she resigned or was terminated before
  797  an investigation involving allegations of misconduct affecting
  798  the health, safety, or welfare of a student was concluded. In
  799  such circumstances, the database may not include specific
  800  information relating to the alleged misconduct until permitted
  801  by subsection (4).
  802         3. Each district school board shall develop and adopt
  803  policies and procedures to comply with this reporting
  804  requirement. School board policies and procedures must include
  805  standards for screening, hiring, and terminating instructional
  806  personnel and school administrators, as defined in s. 1012.01;
  807  standards of ethical conduct for instructional personnel and
  808  school administrators; the duties of instructional personnel and
  809  school administrators for upholding the standards; detailed
  810  procedures for reporting alleged misconduct by instructional
  811  personnel and school administrators which affects the health,
  812  safety, or welfare of a student; requirements for the
  813  reassignment of instructional personnel or school administrators
  814  pending the outcome of a misconduct investigation; and penalties
  815  for failing to comply with s. 1001.51 or s. 1012.795. The
  816  district school board policies and procedures shall include
  817  appropriate penalties for all personnel of the district school
  818  board for nonreporting and procedures for promptly informing the
  819  district school superintendent of each legally sufficient
  820  complaint. The district school superintendent is charged with
  821  knowledge of these policies and procedures and is accountable
  822  for the training of all instructional personnel and school
  823  administrators of the school district on the standards of
  824  ethical conduct, policies, and procedures.
  825         4. If the district school superintendent has knowledge of a
  826  legally sufficient complaint and does not report the complaint,
  827  or fails to enforce the policies and procedures of the district
  828  school board, and fails to comply with the requirements of this
  829  subsection, in addition to other actions against
  830  certificateholders authorized by law, the district school
  831  superintendent is subject to penalties as specified in s.
  832  1001.51(12).
  833         5. If the superintendent determines that misconduct by
  834  instructional personnel or school administrators who hold an
  835  educator certificate affects the health, safety, or welfare of a
  836  student and the misconduct warrants termination, the
  837  instructional personnel or school administrators may resign or
  838  be terminated, and the superintendent must report the misconduct
  839  to the department in the format prescribed by the department.
  840  The department shall maintain each report of misconduct as a
  841  public record in the instructional personnel’s or school
  842  administrators’ certification files. This paragraph does not
  843  limit or restrict the power and duty of the department to
  844  investigate complaints, regardless of the school district’s
  845  untimely filing, or failure to file, complaints and followup
  846  reports.
  847         (e) If allegations arise against an employee who is
  848  certified under s. 1012.56 and employed in an educator
  849  certificated position in any public school, charter school or
  850  governing board thereof, or private school that accepts
  851  scholarship students under s. 1002.39 or s. 1002.395, the school
  852  shall file in writing with the department a legally sufficient
  853  complaint within 30 days after the date on which the subject
  854  matter of the complaint came to the attention of the school,
  855  regardless of whether the subject of the allegations is still an
  856  employee of the school. A complaint is legally sufficient if it
  857  contains ultimate facts that show a violation has occurred as
  858  provided in s. 1012.795 and defined by rule of the State Board
  859  of Education. The school shall include all known information
  860  relating to the complaint with the filing of the complaint. This
  861  paragraph does not limit or restrict the power and duty of the
  862  department to investigate complaints, regardless of the school’s
  863  untimely filing, or failure to file, complaints and followup
  864  reports. A school described in this paragraph shall immediately
  865  notify the department if the subject of a legally sufficient
  866  complaint of misconduct affecting the health, safety, or welfare
  867  of a student resigns or is terminated before the conclusion of
  868  the school’s investigation. Upon receipt of the notification,
  869  the department shall place an alert on the person’s
  870  certification file indicating that he or she resigned or was
  871  terminated before an investigation involving allegations of
  872  misconduct affecting the health, safety, or welfare of a student
  873  was concluded. In such circumstances, the database may not
  874  include specific information relating to the alleged misconduct
  875  until permitted by subsection (4).
  876         (7) A panel of the commission shall enter a final order
  877  either dismissing the complaint or imposing one or more of the
  878  following penalties:
  879         (a) Denial of an application for a teaching certificate or
  880  for an administrative or supervisory endorsement on a teaching
  881  certificate. The denial may provide that the applicant may not
  882  reapply for certification, and that the department may refuse to
  883  consider that applicant’s application, for a specified period of
  884  time or permanently.
  885         (d) Placement of the teacher, administrator, or supervisor
  886  on probation for a period of time and subject to such conditions
  887  as the commission may specify, including requiring the certified
  888  teacher, administrator, or supervisor to complete additional
  889  appropriate college courses or work with another certified
  890  educator, with the administrative costs of monitoring the
  891  probation assessed to the educator placed on probation. An
  892  educator who has been placed on probation shall, at a minimum:
  893         1. Immediately notify the investigative office in the
  894  Department of Education upon employment or separation from
  895  termination of employment in the state in any public or private
  896  position requiring a Florida educator’s certificate.
  897         2. Have his or her immediate supervisor submit annual
  898  performance reports to the investigative office in the
  899  Department of Education.
  900         3. Pay to the commission within the first 6 months of each
  901  probation year the administrative costs of monitoring probation
  902  assessed to the educator.
  903         4. Violate no law and fully comply with all district school
  904  board policies, school rules, and State Board of Education
  905  rules.
  906         5. Satisfactorily perform his or her assigned duties in a
  907  competent, professional manner.
  908         6. Bear all costs of complying with the terms of a final
  909  order entered by the commission.
  910  
  911  The penalties imposed under this subsection are in addition to,
  912  and not in lieu of, the penalties required for a third
  913  recruiting offense pursuant to s. 1006.20(2)(b).
  914         Section 14. Paragraph (b) of subsection (3) of section
  915  1008.22, Florida Statutes, is amended to read:
  916         1008.22 Student assessment program for public schools.—
  917         (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The
  918  Commissioner of Education shall design and implement a
  919  statewide, standardized assessment program aligned to the core
  920  curricular content established in the Next Generation Sunshine
  921  State Standards. The commissioner also must develop or select
  922  and implement a common battery of assessment tools that will be
  923  used in all juvenile justice education programs in the state.
  924  These tools must accurately measure the core curricular content
  925  established in the Next Generation Sunshine State Standards.
  926  Participation in the assessment program is mandatory for all
  927  school districts and all students attending public schools,
  928  including adult students seeking a standard high school diploma
  929  under s. 1003.4282 and students in Department of Juvenile
  930  Justice education programs, except as otherwise provided by law.
  931  If a student does not participate in the assessment program, the
  932  school district must notify the student’s parent and provide the
  933  parent with information regarding the implications of such
  934  nonparticipation. The statewide, standardized assessment program
  935  shall be designed and implemented as follows:
  936         (b) End-of-course (EOC) assessments.—EOC assessments must
  937  be statewide, standardized, and developed or approved by the
  938  Department of Education as follows:
  939         1. EOC assessments for Algebra I, Geometry, Biology I,
  940  United States History, and Civics shall be administered to
  941  students enrolled in such courses as specified in the course
  942  code directory.
  943         2. Students enrolled in a course, as specified in the
  944  course code directory, with an associated statewide,
  945  standardized EOC assessment must take the EOC assessment for
  946  such course and may not take the corresponding subject or grade
  947  level statewide, standardized assessment pursuant to paragraph
  948  (a). Sections 1003.4156 and 1003.4282 govern the use of
  949  statewide, standardized EOC assessment results for students.
  950         3. The commissioner may select one or more nationally
  951  developed comprehensive examinations, which may include
  952  examinations for a College Board Advanced Placement course,
  953  International Baccalaureate course, or Advanced International
  954  Certificate of Education course, or industry-approved
  955  examinations to earn national industry certifications identified
  956  in the CAPE Industry Certification Funding List, for use as EOC
  957  assessments under this paragraph if the commissioner determines
  958  that the content knowledge and skills assessed by the
  959  examinations meet or exceed the grade-level expectations for the
  960  core curricular content established for the course in the Next
  961  Generation Sunshine State Standards. Use of any such examination
  962  as an EOC assessment must be approved by the state board in
  963  rule.
  964         4. Contingent upon funding provided in the General
  965  Appropriations Act, including the appropriation of funds
  966  received through federal grants, the commissioner may establish
  967  an implementation schedule for the development and
  968  administration of additional statewide, standardized EOC
  969  assessments that must be approved by the state board in rule. If
  970  approved by the state board, student performance on such
  971  assessments constitutes 10 30 percent of a student’s final
  972  course grade.
  973         5. All statewide, standardized EOC assessments must be
  974  administered online except as otherwise provided in paragraph
  975  (c).
  976         6. A student enrolled in an Advanced Placement (AP),
  977  International Baccalaureate (IB), or Advanced International
  978  Certificate of Education (AICE) course who takes the respective
  979  AP, IB, or AICE assessment and earns the minimum score necessary
  980  to earn college credit, as identified in s. 1007.27(2), meets
  981  the requirements of this paragraph and does not have to take the
  982  EOC assessment for the course.
  983         Section 15. Subsection (1) of section 1003.4156, Florida
  984  Statutes, is amended to read:
  985         1003.4156 General requirements for middle grades
  986  promotion.—
  987         (1) In order for a student to be promoted to high school
  988  from a school that includes middle grades 6, 7, and 8, the
  989  student must successfully complete the following courses:
  990         (a) Three middle grades or higher courses in English
  991  Language Arts (ELA).
  992         (b) Three middle grades or higher courses in mathematics.
  993  Each school that includes middle grades must offer at least one
  994  high school level mathematics course for which students may earn
  995  high school credit. Successful completion of a high school level
  996  Algebra I or Geometry course is not contingent upon the
  997  student’s performance on the statewide, standardized end-of
  998  course (EOC) assessment. To earn high school credit for Algebra
  999  I, a middle grades student must take the statewide, standardized
 1000  Algebra I EOC assessment and pass the course, and in addition,
 1001  beginning with the 2018-2019 2013-2014 school year and
 1002  thereafter, a student’s performance on the Algebra I EOC
 1003  assessment constitutes 10 30 percent of the student’s final
 1004  course grade. To earn high school credit for a Geometry course,
 1005  a middle grades student must take the statewide, standardized
 1006  Geometry EOC assessment, which constitutes 10 30 percent of the
 1007  student’s final course grade, and earn a passing grade in the
 1008  course.
 1009         (c) Three middle grades or higher courses in social
 1010  studies. Beginning with students entering grade 6 in the 2012
 1011  2013 school year, one of these courses must be at least a one
 1012  semester civics education course that includes the roles and
 1013  responsibilities of federal, state, and local governments; the
 1014  structures and functions of the legislative, executive, and
 1015  judicial branches of government; and the meaning and
 1016  significance of historic documents, such as the Articles of
 1017  Confederation, the Declaration of Independence, and the
 1018  Constitution of the United States. Beginning with the 2018-2019
 1019  2013-2014 school year, each student’s performance on the
 1020  statewide, standardized EOC assessment in civics education
 1021  required under s. 1008.22 constitutes 10 30 percent of the
 1022  student’s final course grade. A middle grades student who
 1023  transfers into the state’s public school system from out of
 1024  country, out of state, a private school, or a home education
 1025  program after the beginning of the second term of grade 8 is not
 1026  required to meet the civics education requirement for promotion
 1027  from the middle grades if the student’s transcript documents
 1028  passage of three courses in social studies or two year-long
 1029  courses in social studies that include coverage of civics
 1030  education.
 1031         (d) Three middle grades or higher courses in science.
 1032  Successful completion of a high school level Biology I course is
 1033  not contingent upon the student’s performance on the statewide,
 1034  standardized EOC assessment required under s. 1008.22. However,
 1035  beginning with the 2018-2019 2012-2013 school year, to earn high
 1036  school credit for a Biology I course, a middle grades student
 1037  must take the statewide, standardized Biology I EOC assessment,
 1038  which constitutes 10 30 percent of the student’s final course
 1039  grade, and earn a passing grade in the course.
 1040         Section 16. Paragraphs (b), (c), and (d) of subsection (3),
 1041  subsection (7), and paragraph (e) of subsection (9) of section
 1042  1003.4282, Florida Statutes, are amended to read:
 1043         1003.4282 Requirements for a standard high school diploma.—
 1044         (3) STANDARD HIGH SCHOOL DIPLOMA; COURSE AND ASSESSMENT
 1045  REQUIREMENTS.—
 1046         (b) Four credits in mathematics.—A student must earn one
 1047  credit in Algebra I and one credit in Geometry. A student’s
 1048  performance on the statewide, standardized Algebra I end-of
 1049  course (EOC) assessment constitutes 10 30 percent of the
 1050  student’s final course grade. A student must pass the statewide,
 1051  standardized Algebra I EOC assessment, or earn a comparative
 1052  score, in order to earn a standard high school diploma. A
 1053  student’s performance on the statewide, standardized Geometry
 1054  EOC assessment constitutes 10 30 percent of the student’s final
 1055  course grade. A student who earns an industry certification for
 1056  which there is a statewide college credit articulation agreement
 1057  approved by the State Board of Education may substitute the
 1058  certification for one mathematics credit. Substitution may occur
 1059  for up to two mathematics credits, except for Algebra I and
 1060  Geometry.
 1061         (c) Three credits in science.—Two of the three required
 1062  credits must have a laboratory component. A student must earn
 1063  one credit in Biology I and two credits in equally rigorous
 1064  courses. The statewide, standardized Biology I EOC assessment
 1065  constitutes 10 30 percent of the student’s final course grade. A
 1066  student who earns an industry certification for which there is a
 1067  statewide college credit articulation agreement approved by the
 1068  State Board of Education may substitute the certification for
 1069  one science credit, except for Biology I.
 1070         (d) Three credits in social studies.—A student must earn
 1071  one credit in United States History; one credit in World
 1072  History; one-half credit in economics, which must include
 1073  financial literacy; and one-half credit in United States
 1074  Government. The United States History EOC assessment constitutes
 1075  10 30 percent of the student’s final course grade.
 1076         (7) UNIFORM TRANSFER OF HIGH SCHOOL CREDITS.—Beginning with
 1077  the 2012-2013 school year, If a student transfers to a Florida
 1078  public high school from out of country, out of state, a private
 1079  school, or a home education program and the student’s transcript
 1080  shows a credit in Algebra I, the student must pass the
 1081  statewide, standardized Algebra I EOC assessment in order to
 1082  earn a standard high school diploma unless the student earned a
 1083  comparative score, passed a statewide assessment in Algebra I
 1084  administered by the transferring entity, or passed the statewide
 1085  mathematics assessment the transferring entity uses to satisfy
 1086  the requirements of the Elementary and Secondary Education Act,
 1087  20 U.S.C. s. 6301. If a student’s transcript shows a credit in
 1088  high school reading or English Language Arts II or III, in order
 1089  to earn a standard high school diploma, the student must take
 1090  and pass the statewide, standardized grade 10 Reading assessment
 1091  or, when implemented, the grade 10 ELA assessment, or earn a
 1092  concordant score. If a transfer student’s transcript shows a
 1093  final course grade and course credit in Algebra I, Geometry,
 1094  Biology I, or United States History, the transferring course
 1095  final grade and credit shall be honored without the student
 1096  taking the requisite statewide, standardized EOC assessment and
 1097  without the assessment results constituting 10 30 percent of the
 1098  student’s final course grade.
 1099         (9) COHORT TRANSITION TO NEW GRADUATION REQUIREMENTS.—The
 1100  requirements of this section, in addition to applying to
 1101  students entering grade 9 in the 2013-2014 school year and
 1102  thereafter, shall also apply to students entering grade 9 before
 1103  the 2013-2014 school year, except as otherwise provided in this
 1104  subsection.
 1105         (e) Policy adopted in rule by the district school board may
 1106  require for any cohort of students that performance on a
 1107  statewide, standardized EOC assessment constitute 10 30 percent
 1108  of a student’s final course grade.
 1109         Section 17. This act shall take effect upon becoming a law.
 1110  ================= T I T L E  A M E N D M E N T ================
 1111  And the title is amended as follows:
 1112         Delete everything before the enacting clause
 1113  and insert:
 1114                        A bill to be entitled                      
 1115         An act relating to education; amending s. 121.091,
 1116         F.S.; revising limitations on the maximum length of
 1117         participation in the Deferred Retirement Option
 1118         Program for certain instructional personnel and
 1119         administrative personnel; requiring an employer to
 1120         notify the Division of Retirement of the Department of
 1121         Management Services regarding any change in
 1122         termination date and program participation for each
 1123         affected member; providing a statement of important
 1124         state interest; amending s. 1007.2616, F.S.; providing
 1125         a definition; providing requirements for specified
 1126         instruction relating to computer science; requiring
 1127         certain computer science courses to be included in the
 1128         Course Code Directory and published on the Department
 1129         of Education’s website by a specified date; requiring
 1130         the Florida Virtual School to offer certain computer
 1131         science courses; requiring school districts to provide
 1132         access to computer science courses offered by the
 1133         Florida Virtual School or by other means under certain
 1134         circumstances; providing funds for school districts to
 1135         provide professional development for classroom
 1136         teachers; providing Department of Education
 1137         responsibilities for the distribution of such funds;
 1138         requiring high school students to be provided
 1139         opportunities to take certain courses to meet certain
 1140         graduation requirements; providing funds for bonuses
 1141         for certain classroom teachers; requiring, rather than
 1142         authorizing, the State Board of Education to adopt
 1143         rules; creating s. 800.101, F.S.; providing
 1144         definitions; prohibiting certain conduct with students
 1145         by authority figures; providing penalties; providing
 1146         exceptions; amending s. 810.097, F.S.; including
 1147         school buses within the definition of the term
 1148         “school” for purposes of trespass upon grounds or
 1149         facilities of a school; amending s. 1001.42, F.S.;
 1150         requiring school districts to adopt certain standards
 1151         of ethical conduct; requiring the district school
 1152         superintendent to report certain misconduct to law
 1153         enforcement agencies; amending s. 1001.51, F.S.;
 1154         providing for the forfeiture of a district school
 1155         superintendent’s salary for a specified period for
 1156         failure to report certain misconduct to law
 1157         enforcement agencies; amending s. 1012.27, F.S.;
 1158         requiring the district school superintendent to notify
 1159         a parent of specified information relating to
 1160         allegations of misconduct by instructional personnel
 1161         or school administrators; amending s. 1012.31, F.S.;
 1162         requiring a resignation or termination before an
 1163         investigation of certain misconduct is concluded to be
 1164         indicated in a personnel file; specifying that legally
 1165         sufficient complaints of certain misconduct must be
 1166         reported to the Department of Education; amending s.
 1167         1012.315, F.S.; expanding the scope of provisions
 1168         requiring the disqualification of persons convicted of
 1169         certain offenses to apply to all persons who are
 1170         required to have contact with students; providing an
 1171         additional offense that disqualifies such persons from
 1172         employment; amending s. 1012.56, F.S.; authorizing the
 1173         Department of Education to deny applicants for
 1174         certification if the applicant could be disciplined by
 1175         the Education Practices Commission; authorizing the
 1176         commission to approve an application with certain
 1177         conditions; amending s. 1012.795, F.S.; authorizing
 1178         the commission to take certain actions against persons
 1179         who meet specified criteria; revising reporting
 1180         requirements concerning specified misconduct by
 1181         certified personnel; amending s. 1012.796, F.S.;
 1182         requiring a school district to file certain complaints
 1183         with the Department of Education even if the subject
 1184         of the complaint is no longer employed by the
 1185         district; requiring certain information be included on
 1186         an educator’s certificate file; requiring certified
 1187         educators who are placed on probation to immediately
 1188         notify a specified office upon separation from, rather
 1189         than termination of, employment; amending s. 1008.22,
 1190         F.S.; revising end-of-course assessment requirements;
 1191         amending ss. 1003.4156 and 1003.4282, F.S.; conforming
 1192         provisions to changes made by the act; providing an
 1193         effective date.