Florida Senate - 2021                                    SB 1864
       
       
        
       By Senator Perry
       
       
       
       
       
       8-01134-21                                            20211864__
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 1001.10,
    3         F.S.; requiring the Department of Education to
    4         maintain a disqualification list that includes the
    5         identities of certain persons; providing requirements
    6         for the disqualification list; authorizing the
    7         department to remove a person from the
    8         disqualification list if certain conditions are met;
    9         requiring the State Board of Education to adopt rules;
   10         requiring the department to provide certain staff with
   11         access to information from the disqualification list;
   12         amending s. 1001.42, F.S.; requiring district school
   13         boards to investigate certain complaints and report
   14         certain results of such investigations to the
   15         department; requiring the department to place a person
   16         who is terminated, or resigns in lieu of termination,
   17         for a certain reason on the disqualification list;
   18         requiring district school boards to adopt policies
   19         establishing standards of ethical conduct for
   20         educational support employees; requiring district
   21         school boards to disqualify educational support
   22         employees from employment in certain circumstances;
   23         requiring district school boards to report a
   24         disqualified person to the department for inclusion on
   25         the disqualification list; revising the circumstances
   26         under which a school board official shall forfeit his
   27         or her salary for 1 year; amending s. 1002.33, F.S.;
   28         prohibiting an individual who is on the
   29         disqualification list from being employed by a charter
   30         school or serving as a member of a charter school
   31         governing board; requiring a charter school to
   32         disqualify certain persons and make a report to the
   33         department to include the person on the
   34         disqualification list; requiring charter school
   35         governing boards to adopt policies establishing
   36         standards of ethical conduct for certain employees;
   37         requiring charter schools to perform a certain
   38         screening before employing a person in any position
   39         that requires direct contact with students; requiring
   40         charter schools to comply with a specified provision;
   41         assigning duties to certain charter school
   42         administrative personnel and a charter school
   43         governing board; amending s. 1002.421, F.S.; requiring
   44         certain private schools to adopt policies establishing
   45         standards of ethical conduct for certain employees;
   46         revising requirements for certain private schools
   47         relating to employment; requiring certain private
   48         schools to disqualify certain persons and make a
   49         report to the department to include the person on the
   50         disqualification list; authorizing the Commissioner of
   51         Education to deny or revoke the authority of an owner
   52         or operator of a certain private school to establish
   53         or operate a private school under certain conditions;
   54         requiring the commissioner to include such person on
   55         the disqualification list; amending s. 1002.45, F.S.;
   56         revising virtual instruction program provider
   57         qualifications for department approval; expanding the
   58         screening requirements for employees and personnel of
   59         an approved virtual instruction program provider;
   60         requiring an approved virtual instruction program
   61         provider to disqualify certain persons and make a
   62         report to the department to include the persons on the
   63         disqualification list; requiring an approved virtual
   64         instruction program provider to comply with a
   65         specified provision; requiring an approved virtual
   66         instruction program provider to inform the district
   67         school board of a certain complaint; amending s.
   68         1006.061, F.S.; requiring certain schools to include
   69         information related to certain employees in a required
   70         posting; amending s. 1012.31, F.S.; clarifying a
   71         school district reporting requirement; amending s.
   72         1012.315, F.S.; expanding ineligibility for educator
   73         certification or employment to persons who are on the
   74         disqualification list; amending s. 1012.32, F.S.;
   75         expanding requirements for screening of certain
   76         personnel of a virtual instruction program;
   77         prohibiting district school boards from requiring
   78         additional background screening of certain employees
   79         and personnel; amending s. 1012.795, F.S.; expanding
   80         the authority of the Education Practices Commission to
   81         discipline certain employees and personnel; amending
   82         s. 1012.796, F.S.; requiring the department to
   83         complete an investigation before issuing a new
   84         educator certificate to certain persons; clarifying
   85         the duty of a district school board to perform certain
   86         investigations; requiring certain entities to report
   87         certain arrests and allegations of misconduct of
   88         certain employees, personnel, and administrators to
   89         the department; requiring district school boards to
   90         adopt certain policies and procedures regarding
   91         educational support employees; requiring school
   92         superintendents to report certain misconduct of
   93         educational support employees to the department;
   94         requiring the department to include certain employees,
   95         personnel, and administrators on the disqualification
   96         list; requiring the department to maintain certain
   97         reports of misconduct; clarifying the department’s
   98         duty to investigate certificated personnel; requiring
   99         a district school superintendent to suspend and
  100         reassign educational support employees for a certain
  101         allegation of misconduct; expanding penalties that may
  102         be imposed by the commission; authorizing the
  103         commission to direct the department to include a
  104         certain person on the disqualification list for
  105         certain conduct; prohibiting persons on the
  106         disqualification list from serving or applying to
  107         serve as employees or contract personnel at certain
  108         institutions; providing criminal penalties; amending
  109         s. 1012.797, F.S.; expanding the list of entities that
  110         law enforcement agencies must notify of certain
  111         charges; requiring law enforcement agencies to notify
  112         certain institutions of certain charges against
  113         employees or contractors; providing an effective date.
  114          
  115  Be It Enacted by the Legislature of the State of Florida:
  116  
  117         Section 1. Subsections (4) and (5) of section 1001.10,
  118  Florida Statutes, are amended to read:
  119         1001.10 Commissioner of Education; general powers and
  120  duties.—
  121         (4)(a) The Department of Education shall provide technical
  122  assistance to school districts, charter schools, the Florida
  123  School for the Deaf and the Blind, and private schools that
  124  accept scholarship students who participate in a state
  125  scholarship program under chapter 1002 in the development of
  126  policies, procedures, and training related to employment
  127  practices and standards of ethical conduct for instructional
  128  personnel and school administrators, as defined in s. 1012.01.
  129         (b) The department shall maintain a disqualification list,
  130  which must include the following information:
  131         1. The identity of any person who has been permanently
  132  denied an educator certificate or whose educator certificate has
  133  been permanently revoked and the person has been placed on the
  134  list as directed by the Education Practices Commission pursuant
  135  to s. 1012.795(1) or s. 1012.796(7);
  136         2. The identity of any person who has been permanently
  137  disqualified by the commissioner to be an owner or operator of a
  138  private school participating in state scholarship programs
  139  pursuant to s. 1002.421 for a reason that reflects any risk of
  140  harm to the health, safety, or welfare of a student;
  141         3. The identity of any person who has been terminated, or
  142  has resigned in lieu of termination, from employment with a
  143  district school board as a result of misconduct that affects the
  144  health, safety, or welfare of a student; and
  145         4.The identity of any person who has been disqualified
  146  from employment pursuant to s. 1012.315.
  147         (c)The department may remove a person from the
  148  disqualification list if the person demonstrates that:
  149         1.A completed law enforcement investigation resulted in an
  150  exoneration or no conviction or finding of guilt, and a
  151  completed investigation and proceeding, as applicable, by the
  152  responsible education agency resulted in no finding that the
  153  person committed disqualifying conduct; or
  154         2.The person was not the subject of the report of
  155  disqualifying conduct and was included on the disqualification
  156  list in error or as a result of mistaken identity.
  157         (d)The State Board of Education shall adopt rules to
  158  implement the disqualification list.
  159         (5) The Department of Education shall provide authorized
  160  staff of school districts, charter schools, the Florida School
  161  for the Deaf and the Blind, and private schools that accept
  162  scholarship students who participate in a state scholarship
  163  program under chapter 1002 with access to electronic
  164  verification of information from the following employment
  165  screening tools:
  166         (a) The Professional Practices’ Database of Disciplinary
  167  Actions Against Educators; and
  168         (b) The Department of Education’s Teacher Certification
  169  Database; and
  170         (c)The Department of Education’s disqualification list
  171  maintained pursuant to paragraph (4)(b).
  172  
  173  This subsection does not require the department to provide these
  174  staff with unlimited access to the databases. However, the
  175  department shall provide the staff with access to the data
  176  necessary for performing employment history checks of the
  177  educational support employees, instructional personnel, and
  178  school administrators included in the databases.
  179         Section 2. Subsections (6) and (7) of section 1001.42,
  180  Florida Statutes, are amended, and paragraph (c) is added to
  181  subsection (5) of that section, to read:
  182         1001.42 Powers and duties of district school board.—The
  183  district school board, acting as a board, shall exercise all
  184  powers and perform all duties listed below:
  185         (5) PERSONNEL.—
  186         (c) Immediately investigate any legally sufficient
  187  complaint that involves misconduct by an educational support
  188  employee, instructional personnel, or administrative personnel
  189  which affects the health, safety, or welfare of a student and
  190  would result in termination. An investigation that results in
  191  termination, or the accused person’s resignation in lieu of
  192  termination, must be reported to the department, and the
  193  department shall place the person on the disqualification list
  194  maintained pursuant to s. 1001.10(4)(b).
  195         (6) STANDARDS OF ETHICAL CONDUCT FOR EDUCATIONAL SUPPORT
  196  EMPLOYEES, INSTRUCTIONAL PERSONNEL, ADMINISTRATIVE PERSONNEL,
  197  AND SCHOOL OFFICERS.—Adopt policies establishing standards of
  198  ethical conduct for educational support employees, instructional
  199  personnel, administrative personnel, and school officers. The
  200  policies must require all educational support employees,
  201  instructional personnel, administrative personnel, and school
  202  officers, as defined in s. 1012.01, to complete training on the
  203  standards; establish the duty of educational support employees,
  204  instructional personnel, administrative personnel, and school
  205  officers to report, and procedures for reporting, alleged
  206  misconduct by other educational support employees, instructional
  207  or administrative personnel, and school officers which affects
  208  the health, safety, or welfare of a student, including
  209  misconduct that involves engaging in or soliciting sexual,
  210  romantic, or lewd conduct with a student; require the district
  211  school superintendent to report to law enforcement misconduct by
  212  educational support employees, instructional personnel, or
  213  school administrators that would result in disqualification from
  214  educator certification or employment as provided in s. 1012.315;
  215  and include an explanation of the liability protections provided
  216  under ss. 39.203 and 768.095. A district school board, or any of
  217  its employees or personnel, may not enter into a confidentiality
  218  agreement regarding terminated or dismissed educational support
  219  employees, instructional or administrative personnel, or school
  220  officers who resign in lieu of termination, based in whole or in
  221  part on misconduct that affects the health, safety, or welfare
  222  of a student, and may not provide educational support employees,
  223  instructional personnel, administrative personnel, or school
  224  officers with employment references or discuss the employees’,
  225  personnel’s, or officers’ performance with prospective employers
  226  in another educational setting, without disclosing the
  227  employees’, personnel’s, or officers’ misconduct. Any part of an
  228  agreement or contract that has the purpose or effect of
  229  concealing misconduct by educational support employees,
  230  instructional personnel, administrative personnel, or school
  231  officers which affects the health, safety, or welfare of a
  232  student is void, is contrary to public policy, and may not be
  233  enforced.
  234         (7) DISQUALIFICATION FROM EMPLOYMENT.—Disqualify
  235  educational support employees, instructional personnel, and
  236  administrative personnel, as defined in s. 1012.01, from
  237  employment in any position that requires direct contact with
  238  students if the employees or personnel are ineligible for such
  239  employment under s. 1012.315, and, if the disqualifying conduct
  240  occurs subsequent to employment, report the disqualified
  241  employees or personnel and the disqualifying circumstances to
  242  the department for inclusion on the disqualification list
  243  maintained by the department pursuant to s. 1001.10(4)(b). An
  244  elected or appointed school board official forfeits his or her
  245  salary for 1 year if:
  246         (a) The school board official knowingly signs and transmits
  247  to any state official a report of alleged misconduct by
  248  educational support employees, instructional personnel, or
  249  administrative personnel which affects the health, safety, or
  250  welfare of a student and the school board official knows the
  251  report to be false or incorrect; or
  252         (b) The school board official knowingly fails to adopt
  253  policies that require:
  254         1. Educational support employees, instructional personnel,
  255  and administrative personnel to report alleged misconduct by
  256  other educational support employees, instructional personnel,
  257  and administrative personnel;
  258         2. The district school superintendent to report misconduct
  259  by educational support employees, instructional personnel, or
  260  school administrators that would result in disqualification from
  261  educator certification or employment as provided in s. 1012.315
  262  to the law enforcement agencies with jurisdiction over the
  263  conduct and the department as required by s. 1012.796; or
  264         3. The complete investigation of all reports of alleged
  265  misconduct by educational support employees, instructional
  266  personnel, and administrative personnel, if the misconduct
  267  affects the health, safety, or welfare of a student, regardless
  268  of whether the educational support employees, instructional
  269  personnel, or administrative personnel resign or are terminated
  270  before the conclusion of the investigation. The policy must
  271  require the superintendent to notify the department of the
  272  result of the investigation and whether the misconduct warranted
  273  termination, regardless of whether the person resigned or was
  274  terminated before the conclusion of the investigation.
  275         Section 3. Paragraph (g) of subsection (12) and paragraphs
  276  (b) and (c) of subsection (16) of section 1002.33, Florida
  277  Statutes, are amended to read:
  278         1002.33 Charter schools.—
  279         (12) EMPLOYEES OF CHARTER SCHOOLS.—
  280         (g)1. A charter school shall employ or contract with
  281  employees who have undergone background screening as provided in
  282  s. 1012.32. Members of the governing board of the charter school
  283  shall also undergo background screening in a manner similar to
  284  that provided in s. 1012.32. A person may not be employed by a
  285  charter school or serve as a member of a charter school
  286  governing board if the person is ineligible pursuant to s.
  287  1012.315 or is included on the disqualification list maintained
  288  by the department pursuant to s. 1001.10(4)(b).
  289         2. A charter school shall disqualify educational support
  290  employees, instructional personnel, and school administrators,
  291  as defined in s. 1012.01, from employment in any position that
  292  requires direct contact with students if the employees,
  293  personnel, or administrators are ineligible for such employment
  294  under s. 1012.315, and, if the disqualifying conduct occurs
  295  subsequent to employment, report the person and the
  296  disqualifying circumstances to the department for inclusion on
  297  the disqualification list maintained pursuant to s.
  298  1001.10(4)(b).
  299         3. The governing board of a charter school shall adopt
  300  policies establishing standards of ethical conduct for
  301  educational support employees, instructional personnel, and
  302  school administrators. The policies must require all educational
  303  support employees, instructional personnel, and school
  304  administrators, as defined in s. 1012.01, to complete training
  305  on the standards; establish the duty of educational support
  306  employees, instructional personnel, and school administrators to
  307  report, and procedures for reporting, alleged misconduct by
  308  other educational support employees, instructional personnel,
  309  and school administrators which affects the health, safety, or
  310  welfare of a student; and include an explanation of the
  311  liability protections provided under ss. 39.203 and 768.095. A
  312  charter school, or any of its employees, may not enter into a
  313  confidentiality agreement regarding terminated or dismissed
  314  educational support employees, instructional personnel, or
  315  school administrators, or personnel or administrators who resign
  316  in lieu of termination, based in whole or in part on misconduct
  317  that affects the health, safety, or welfare of a student, and
  318  may not provide educational support employees, instructional
  319  personnel, or school administrators with employment references
  320  or discuss the employees’, personnel’s, or administrators’
  321  performance with prospective employers in another educational
  322  setting, without disclosing the employees’, personnel’s or
  323  administrators’ misconduct. Any part of an agreement or contract
  324  that has the purpose or effect of concealing misconduct by
  325  educational support employees, instructional personnel, or
  326  school administrators which affects the health, safety, or
  327  welfare of a student is void, is contrary to public policy, and
  328  may not be enforced.
  329         4. Before employing a person instructional personnel or
  330  school administrators in any position that requires direct
  331  contact with students, a charter school shall conduct employment
  332  history checks of each of the person’s personnel’s or
  333  administrators’ previous employers, screen the person
  334  instructional personnel or school administrators through use of
  335  the educator screening tools described in s. 1001.10(5), and
  336  document the findings. If unable to contact a previous employer,
  337  the charter school must document efforts to contact the
  338  employer.
  339         5. The sponsor of a charter school that knowingly fails to
  340  comply with this paragraph shall terminate the charter under
  341  subsection (8).
  342         (16) EXEMPTION FROM STATUTES.—
  343         (b) Additionally, A charter school also shall be in
  344  compliance with the following statutes:
  345         1. Section 286.011, relating to public meetings and
  346  records, public inspection, and criminal and civil penalties.
  347         2. Chapter 119, relating to public records.
  348         3. Section 1003.03, relating to the maximum class size,
  349  except that the calculation for compliance pursuant to s.
  350  1003.03 shall be the average at the school level.
  351         4. Section 1012.22(1)(c), relating to compensation and
  352  salary schedules.
  353         5. Section 1012.33(5), relating to workforce reductions.
  354         6. Section 1012.335, relating to contracts with
  355  instructional personnel hired on or after July 1, 2011.
  356         7. Section 1012.34, relating to the substantive
  357  requirements for performance evaluations for instructional
  358  personnel and school administrators.
  359         8. Section 1006.12, relating to safe-school officers.
  360         9. Section 1006.07(7), relating to threat assessment teams.
  361         10. Section 1006.07(9), relating to School Environmental
  362  Safety Incident Reporting.
  363         11. Section 1006.1493, relating to the Florida Safe Schools
  364  Assessment Tool.
  365         12. Section 1006.07(6)(c), relating to adopting an active
  366  assailant response plan.
  367         13. Section 943.082(4)(b), relating to the mobile
  368  suspicious activity reporting tool.
  369         14. Section 1012.584, relating to youth mental health
  370  awareness and assistance training.
  371         15.Section 1012.796, relating to complaints against
  372  educational support employees, teachers, and administrators.
  373         (c) For purposes of subparagraphs (b)4.-7. and 15.:
  374         1. The duties assigned to a district school superintendent
  375  apply to charter school administrative personnel, as defined in
  376  s. 1012.01(3)(a) and (b), and the charter school governing board
  377  shall designate at least one administrative person to be
  378  responsible for such duties.
  379         2. The duties assigned to a district school board apply to
  380  a charter school governing board.
  381         3. A charter school may hire instructional personnel and
  382  other employees on an at-will basis.
  383         4. Notwithstanding any provision to the contrary,
  384  instructional personnel and other employees on contract may be
  385  suspended or dismissed any time during the term of the contract
  386  without cause.
  387         Section 4. Paragraphs (n) and (o) of subsection (1) and
  388  subsection (3) of section 1002.421, Florida Statutes, are
  389  amended, and paragraph (r) of subsection (1) is added to that
  390  section, to read:
  391         1002.421 State school choice scholarship program
  392  accountability and oversight.—
  393         (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private
  394  school participating in an educational scholarship program
  395  established pursuant to this chapter must be a private school as
  396  defined in s. 1002.01(2) in this state, be registered, and be in
  397  compliance with all requirements of this section in addition to
  398  private school requirements outlined in s. 1002.42, specific
  399  requirements identified within respective scholarship program
  400  laws, and other provisions of Florida law that apply to private
  401  schools, and must:
  402         (n) Adopt policies establishing standards of ethical
  403  conduct for educational support employees, instructional
  404  personnel, and school administrators. The policies must require
  405  all educational support employees, instructional personnel, and
  406  school administrators, as defined in s. 1012.01, to complete
  407  training on the standards; establish the duty of educational
  408  support employees, instructional personnel, and school
  409  administrators to report, and procedures for reporting, alleged
  410  misconduct by other educational support employees, instructional
  411  personnel, and school administrators which affects the health,
  412  safety, or welfare of a student; and include an explanation of
  413  the liability protections provided under ss. 39.203 and 768.095.
  414  A private school, or any of its employees, may not enter into a
  415  confidentiality agreement regarding terminated or dismissed
  416  educational support employees, instructional personnel, or
  417  school administrators, or personnel or administrators who resign
  418  in lieu of termination, based in whole or in part on misconduct
  419  that affects the health, safety, or welfare of a student, and
  420  may not provide the employees, instructional personnel, or
  421  school administrators with employment references or discuss the
  422  employees’, personnel’s, or administrators’ performance with
  423  prospective employers in another educational setting, without
  424  disclosing the employees’, personnel’s, or administrators’
  425  misconduct. Any part of an agreement or contract that has the
  426  purpose or effect of concealing misconduct by educational
  427  support employees, instructional personnel, or school
  428  administrators which affects the health, safety, or welfare of a
  429  student is void, is contrary to public policy, and may not be
  430  enforced.
  431         (o) Before employing an individual instructional personnel
  432  or school administrators in any position that requires direct
  433  contact with students, conduct employment history checks of each
  434  of the personnel’s or administrators’ previous employers, screen
  435  the individual using the personnel or administrators through use
  436  of the educator screening tools described in s. 1001.10(5), and
  437  document the findings. If unable to contact a previous employer,
  438  the private school must document efforts to contact the
  439  employer. The private school must deny employment to any
  440  individual whose educator certificate is revoked, who is barred
  441  from reapplication for an educator certificate, or who is
  442  identified on the disqualification list maintained by the
  443  department pursuant to s. 1001.10(4)(b).
  444         (r)Disqualify educational support employees, instructional
  445  personnel, and school administrators from employment in any
  446  position that requires direct contact with students if the
  447  personnel or administrators are ineligible for such employment
  448  pursuant to this section or s. 1012.315, and, if the
  449  disqualifying conduct occurs subsequent to employment, report
  450  the person and the disqualifying circumstances to the department
  451  for inclusion on the disqualification list maintained pursuant
  452  to s. 1001.10(4)(b).
  453  
  454  The department shall suspend the payment of funds to a private
  455  school that knowingly fails to comply with this subsection, and
  456  shall prohibit the school from enrolling new scholarship
  457  students, for 1 fiscal year and until the school complies. If a
  458  private school fails to meet the requirements of this subsection
  459  or has consecutive years of material exceptions listed in the
  460  report required under paragraph (q), the commissioner may
  461  determine that the private school is ineligible to participate
  462  in a scholarship program.
  463         (3) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.
  464  The Commissioner of Education:
  465         (a) Shall deny, suspend, or revoke a private school’s
  466  participation in a scholarship program if it is determined that
  467  the private school has failed to comply with this section or
  468  exhibits a previous pattern of failure to comply. However, if
  469  the noncompliance is correctable within a reasonable amount of
  470  time, not to exceed 45 days, and if the health, safety, or
  471  welfare of the students is not threatened, the commissioner may
  472  issue a notice of noncompliance which provides the private
  473  school with a timeframe within which to provide evidence of
  474  compliance before taking action to suspend or revoke the private
  475  school’s participation in the scholarship program.
  476         (b) May deny, suspend, or revoke a private school’s
  477  participation in a scholarship program if the commissioner
  478  determines that an owner or operator of the private school is
  479  operating or has operated an educational institution in this
  480  state or in another state or jurisdiction in a manner contrary
  481  to the health, safety, or welfare of the public or if the owner
  482  or operator has exhibited a previous pattern of failure to
  483  comply with this section or specific requirements identified
  484  within respective scholarship program laws. For purposes of this
  485  subsection, the term “owner or operator” has the same meaning as
  486  provided in paragraph (1)(p).
  487         (c) May permanently deny or revoke the authority of an
  488  owner or operator to establish or operate a private school
  489  participating in an educational scholarship program pursuant to
  490  this chapter if the commissioner decides that the owner or
  491  operator is operating or has operated an educational institution
  492  in this state or another state or jurisdiction in a manner
  493  contrary to the health, safety, or welfare of the public, and
  494  shall include such person on the disqualification list
  495  maintained by the department pursuant to s. 1001.10(4)(b).
  496         (d)1.(c)1. In making such a determination, may consider
  497  factors that include, but are not limited to, acts or omissions
  498  by an owner or operator which led to a previous denial,
  499  suspension, or revocation of participation in a state or federal
  500  education scholarship program; an owner’s or operator’s failure
  501  to reimburse the department or scholarship-funding organization
  502  for scholarship funds improperly received or retained by a
  503  school; the imposition of a prior criminal sanction related to
  504  an owner’s or operator’s management or operation of an
  505  educational institution; the imposition of a civil fine or
  506  administrative fine, license revocation or suspension, or
  507  program eligibility suspension, termination, or revocation
  508  related to an owner’s or operator’s management or operation of
  509  an educational institution; or other types of criminal
  510  proceedings in which an owner or operator was found guilty of,
  511  regardless of adjudication, or entered a plea of nolo contendere
  512  or guilty to, any offense involving fraud, deceit, dishonesty,
  513  or moral turpitude.
  514         2. The commissioner’s determination is subject to the
  515  following:
  516         a. If the commissioner intends to deny, suspend, or revoke
  517  a private school’s participation in the scholarship program, the
  518  department shall notify the private school of such proposed
  519  action in writing by certified mail and regular mail to the
  520  private school’s address of record with the department. The
  521  notification shall include the reasons for the proposed action
  522  and notice of the timelines and procedures set forth in this
  523  paragraph.
  524         b. The private school that is adversely affected by the
  525  proposed action shall have 15 days after receipt of the notice
  526  of proposed action to file with the department’s agency clerk a
  527  request for a proceeding pursuant to ss. 120.569 and 120.57. If
  528  the private school is entitled to a hearing under s. 120.57(1),
  529  the department shall forward the request to the Division of
  530  Administrative Hearings.
  531         c. Upon receipt of a request referred pursuant to this
  532  subparagraph, the director of the Division of Administrative
  533  Hearings shall expedite the hearing and assign an administrative
  534  law judge who shall commence a hearing within 30 days after the
  535  receipt of the formal written request by the division and enter
  536  a recommended order within 30 days after the hearing or within
  537  30 days after receipt of the hearing transcript, whichever is
  538  later. Each party shall be allowed 10 days in which to submit
  539  written exceptions to the recommended order. A final order shall
  540  be entered by the agency within 30 days after the entry of a
  541  recommended order. The provisions of this sub-subparagraph may
  542  be waived upon stipulation by all parties.
  543         (e)(d) May immediately suspend payment of scholarship funds
  544  if it is determined that there is probable cause to believe that
  545  there is:
  546         1. An imminent threat to the health, safety, or welfare of
  547  the students;
  548         2. A previous pattern of failure to comply with this
  549  section; or
  550         3. Fraudulent activity on the part of the private school.
  551  Notwithstanding s. 1002.22, in incidents of alleged fraudulent
  552  activity pursuant to this section, the department’s Office of
  553  Inspector General is authorized to release personally
  554  identifiable records or reports of students to the following
  555  persons or organizations:
  556         a. A court of competent jurisdiction in compliance with an
  557  order of that court or the attorney of record in accordance with
  558  a lawfully issued subpoena, consistent with the Family
  559  Educational Rights and Privacy Act, 20 U.S.C. s. 1232g.
  560         b. A person or entity authorized by a court of competent
  561  jurisdiction in compliance with an order of that court or the
  562  attorney of record pursuant to a lawfully issued subpoena,
  563  consistent with the Family Educational Rights and Privacy Act,
  564  20 U.S.C. s. 1232g.
  565         c. Any person, entity, or authority issuing a subpoena for
  566  law enforcement purposes when the court or other issuing agency
  567  has ordered that the existence or the contents of the subpoena
  568  or the information furnished in response to the subpoena not be
  569  disclosed, consistent with the Family Educational Rights and
  570  Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31.
  571  
  572  The commissioner’s order suspending payment pursuant to this
  573  paragraph may be appealed pursuant to the same procedures and
  574  timelines as the notice of proposed action set forth in
  575  subparagraph (d)2. subparagraph (c)2.
  576         Section 5. Paragraph (a) of subsection (2) of section
  577  1002.45, Florida Statutes, is amended to read:
  578         1002.45 Virtual instruction programs.—
  579         (2) PROVIDER QUALIFICATIONS.—
  580         (a) The department shall annually publish online a list of
  581  providers approved to offer virtual instruction programs. To be
  582  approved by the department, a provider must document that it:
  583         1. Is nonsectarian in its programs, admission policies,
  584  employment practices, and operations;
  585         2. Complies with the antidiscrimination provisions of s.
  586  1000.05;
  587         3. Locates an administrative office or offices in this
  588  state, requires its administrative staff to be state residents,
  589  requires all instructional staff to be Florida-certified
  590  teachers under chapter 1012, and conducts background screenings
  591  and receives arrest reports for all employees or contracted
  592  personnel, as required by s. 1012.32, using state and national
  593  criminal history records, and designates at least one
  594  administrator to be responsible for the duties and requirements
  595  related to background screening assigned to a district school
  596  board and superintendent under ss. 1012.465 and 1012.56(10);
  597         4.Disqualifies educational support employees,
  598  instructional personnel, and administrative personnel, as
  599  defined in s. 1012.01, from employment in any position that
  600  requires direct contact with students, if the employees or
  601  personnel are ineligible for such employment under s. 1012.315,
  602  and, if the disqualifying conduct occurs subsequent to
  603  employment, reports the disqualified employees or personnel and
  604  the disqualifying circumstances to the department for inclusion
  605  on the disqualification list maintained by the department
  606  pursuant to s. 1001.10(4)(b).
  607         5.4. Provides to parents and students specific information
  608  posted and accessible online that includes, but is not limited
  609  to, the following teacher-parent and teacher-student contact
  610  information for each course:
  611         a. How to contact the instructor via phone, e-mail, or
  612  online messaging tools.
  613         b. How to contact technical support via phone, e-mail, or
  614  online messaging tools.
  615         c. How to contact the administration office via phone, e
  616  mail, or online messaging tools.
  617         d. Any requirement for regular contact with the instructor
  618  for the course and clear expectations for meeting the
  619  requirement.
  620         e. The requirement that the instructor in each course must,
  621  at a minimum, conduct one contact via phone with the parent and
  622  the student each month;
  623         6.5. Possesses prior, successful experience offering online
  624  courses to elementary, middle, or high school students as
  625  demonstrated by quantified student learning gains in each
  626  subject area and grade level provided for consideration as an
  627  instructional program option. However, for a provider without
  628  sufficient prior, successful experience offering online courses,
  629  the department may conditionally approve the provider to offer
  630  courses measured pursuant to subparagraph (8)(a)2. Conditional
  631  approval shall be valid for 1 school year only and, based on the
  632  provider’s experience in offering the courses, the department
  633  shall determine whether to grant approval to offer a virtual
  634  instruction program;
  635         7.6. Is accredited by a regional accrediting association as
  636  defined by State Board of Education rule;
  637         8.7. Ensures instructional and curricular quality through a
  638  detailed curriculum and student performance accountability plan
  639  that addresses every subject and grade level it intends to
  640  provide through contract with the school district, including:
  641         a. Courses and programs that meet the standards of the
  642  International Association for K-12 Online Learning and the
  643  Southern Regional Education Board.
  644         b. Instructional content and services that align with, and
  645  measure student attainment of, student proficiency in the Next
  646  Generation Sunshine State Standards.
  647         c. Mechanisms that determine and ensure that a student has
  648  satisfied requirements for grade level promotion and high school
  649  graduation with a standard diploma, as appropriate;
  650         9.8. Publishes for the general public, in accordance with
  651  disclosure requirements adopted in rule by the State Board of
  652  Education, as part of its application as a provider and in all
  653  contracts negotiated pursuant to this section:
  654         a. Information and data about the curriculum of each full
  655  time and part-time program.
  656         b. School policies and procedures.
  657         c. Certification status and physical location of all
  658  administrative and instructional personnel.
  659         d. Hours and times of availability of instructional
  660  personnel.
  661         e. Student-teacher ratios.
  662         f. Student completion and promotion rates.
  663         g. Student, educator, and school performance accountability
  664  outcomes;
  665         10.9. If the provider is a Florida College System
  666  institution, employs instructors who meet the certification
  667  requirements for instructional staff under chapter 1012; and
  668         11.10. Performs an annual financial audit of its accounts
  669  and records conducted by an independent certified public
  670  accountant which is in accordance with rules adopted by the
  671  Auditor General, is conducted in compliance with generally
  672  accepted auditing standards, and includes a report on financial
  673  statements presented in accordance with generally accepted
  674  accounting principles.
  675         12.Complies with s. 1012.796, relating to complaints
  676  against educational support employees, teachers, and
  677  administrators and designates at least one administrator to be
  678  responsible for the duties and requirements assigned to a
  679  district school board and superintendent pursuant to that
  680  section. A virtual instruction provider must inform the district
  681  school board of a complaint regarding misconduct or an arrest of
  682  instructional or noninstructional personnel.
  683         Section 6. Subsection (2) of section 1006.061, Florida
  684  Statutes, is amended to read:
  685         1006.061 Child abuse, abandonment, and neglect policy.—Each
  686  district school board, charter school, and private school that
  687  accepts scholarship students who participate in a state
  688  scholarship program under chapter 1002 shall:
  689         (2) Post in a prominent place at each school site and on
  690  each school’s Internet website, if available, the policies and
  691  procedures for reporting alleged misconduct by educational
  692  support employees, instructional personnel, or school
  693  administrators which affects the health, safety, or welfare of a
  694  student; the contact person to whom the report is made; and the
  695  penalties imposed on educational support employees,
  696  instructional personnel, or school administrators who fail to
  697  report suspected or actual child abuse or alleged misconduct by
  698  other educational support employees, instructional personnel, or
  699  school administrators.
  700  
  701  The Department of Education shall develop, and publish on the
  702  department’s Internet website, sample notices suitable for
  703  posting in accordance with subsections (1), (2), and (4).
  704         Section 7. Paragraph (a) of subsection (3) of section
  705  1012.31, Florida Statutes, is amended to read:
  706         1012.31 Personnel files.—Public school system employee
  707  personnel files shall be maintained according to the following
  708  provisions:
  709         (3)(a) Public school system employee personnel files are
  710  subject to the provisions of s. 119.07(1), except as follows:
  711         1. Any complaint and any material relating to the
  712  investigation of a complaint against an employee shall be
  713  confidential and exempt from the provisions of s. 119.07(1)
  714  until the conclusion of the preliminary investigation or until
  715  such time as the preliminary investigation ceases to be active.
  716  If the preliminary investigation is concluded with the finding
  717  that there is no probable cause to proceed further and with no
  718  disciplinary action taken or charges filed, a statement to that
  719  effect signed by the responsible investigating official shall be
  720  attached to the complaint, and the complaint and all such
  721  materials shall be open thereafter to inspection pursuant to s.
  722  119.07(1). If the preliminary investigation is concluded with
  723  the finding that there is probable cause to proceed further or
  724  with disciplinary action taken or charges filed, the complaint
  725  and all such materials shall be open thereafter to inspection
  726  pursuant to s. 119.07(1). If the preliminary investigation
  727  ceases to be active, the complaint and all such materials shall
  728  be open thereafter to inspection pursuant to s. 119.07(1). For
  729  the purpose of this subsection, a preliminary investigation
  730  shall be considered active as long as it is continuing with a
  731  reasonable, good faith anticipation that an administrative
  732  finding will be made in the foreseeable future. An investigation
  733  shall be presumed to be inactive if no finding relating to
  734  probable cause is made within 60 days after the complaint is
  735  made. This subparagraph does not absolve the school district of
  736  the duty to issue any legally required notifications, including
  737  the its duty to provide any legally sufficient complaint to the
  738  department in accordance with within 30 days after the date on
  739  which the subject matter of the complaint comes to the attention
  740  of the school district pursuant to s. 1012.796(1)(d)1. and 3.,
  741  regardless of the status of the complaint.
  742         2. An employee evaluation prepared pursuant to s. 1012.33,
  743  s. 1012.34, or s. 1012.56 or rules adopted by the State Board of
  744  Education or district school board under the authority of those
  745  sections shall be confidential and exempt from the provisions of
  746  s. 119.07(1) until the end of the school year immediately
  747  following the school year in which the evaluation was made. No
  748  evaluation prepared before July 1, 1983, shall be made public
  749  pursuant to this section.
  750         3. No material derogatory to an employee shall be open to
  751  inspection until 10 days after the employee has been notified
  752  pursuant to paragraph (2)(c).
  753         4. The payroll deduction records of an employee shall be
  754  confidential and exempt from the provisions of s. 119.07(1).
  755         5. Employee medical records, including psychiatric and
  756  psychological records, shall be confidential and exempt from the
  757  provisions of s. 119.07(1); however, at any hearing relative to
  758  the competency or performance of an employee, the administrative
  759  law judge, hearing officer, or panel shall have access to such
  760  records.
  761         Section 8. Section 1012.315, Florida Statutes, is amended
  762  to read:
  763         1012.315 Disqualification from employment.—A person is
  764  ineligible for educator certification or employment in any
  765  position that requires direct contact with students in a
  766  district school system, charter school, or private school that
  767  accepts scholarship students who participate in a state
  768  scholarship program under chapter 1002 if the person is included
  769  in the disqualification list maintained by the department
  770  pursuant to s. 1001.10(4)(b) or has been convicted of:
  771         (1) Any felony offense prohibited under any of the
  772  following statutes:
  773         (a) Section 393.135, relating to sexual misconduct with
  774  certain developmentally disabled clients and reporting of such
  775  sexual misconduct.
  776         (b) Section 394.4593, relating to sexual misconduct with
  777  certain mental health patients and reporting of such sexual
  778  misconduct.
  779         (c) Section 415.111, relating to adult abuse, neglect, or
  780  exploitation of aged persons or disabled adults.
  781         (d) Section 782.04, relating to murder.
  782         (e) Section 782.07, relating to manslaughter, aggravated
  783  manslaughter of an elderly person or disabled adult, aggravated
  784  manslaughter of a child, or aggravated manslaughter of an
  785  officer, a firefighter, an emergency medical technician, or a
  786  paramedic.
  787         (f) Section 784.021, relating to aggravated assault.
  788         (g) Section 784.045, relating to aggravated battery.
  789         (h) Section 784.075, relating to battery on a detention or
  790  commitment facility staff member or a juvenile probation
  791  officer.
  792         (i) Section 787.01, relating to kidnapping.
  793         (j) Section 787.02, relating to false imprisonment.
  794         (k) Section 787.025, relating to luring or enticing a
  795  child.
  796         (l) Section 787.04(2), relating to leading, taking,
  797  enticing, or removing a minor beyond the state limits, or
  798  concealing the location of a minor, with criminal intent pending
  799  custody proceedings.
  800         (m) Section 787.04(3), relating to leading, taking,
  801  enticing, or removing a minor beyond the state limits, or
  802  concealing the location of a minor, with criminal intent pending
  803  dependency proceedings or proceedings concerning alleged abuse
  804  or neglect of a minor.
  805         (n) Section 790.115(1), relating to exhibiting firearms or
  806  weapons at a school-sponsored event, on school property, or
  807  within 1,000 feet of a school.
  808         (o) Section 790.115(2)(b), relating to possessing an
  809  electric weapon or device, destructive device, or other weapon
  810  at a school-sponsored event or on school property.
  811         (p) Section 794.011, relating to sexual battery.
  812         (q) Former s. 794.041, relating to sexual activity with or
  813  solicitation of a child by a person in familial or custodial
  814  authority.
  815         (r) Section 794.05, relating to unlawful sexual activity
  816  with certain minors.
  817         (s) Section 794.08, relating to female genital mutilation.
  818         (t) Chapter 796, relating to prostitution.
  819         (u) Chapter 800, relating to lewdness and indecent
  820  exposure.
  821         (v) Section 800.101, relating to offenses against students
  822  by authority figures.
  823         (w) Section 806.01, relating to arson.
  824         (x) Section 810.14, relating to voyeurism.
  825         (y) Section 810.145, relating to video voyeurism.
  826         (z) Section 812.014(6), relating to coordinating the
  827  commission of theft in excess of $3,000.
  828         (aa) Section 812.0145, relating to theft from persons 65
  829  years of age or older.
  830         (bb) Section 812.019, relating to dealing in stolen
  831  property.
  832         (cc) Section 812.13, relating to robbery.
  833         (dd) Section 812.131, relating to robbery by sudden
  834  snatching.
  835         (ee) Section 812.133, relating to carjacking.
  836         (ff) Section 812.135, relating to home-invasion robbery.
  837         (gg) Section 817.563, relating to fraudulent sale of
  838  controlled substances.
  839         (hh) Section 825.102, relating to abuse, aggravated abuse,
  840  or neglect of an elderly person or disabled adult.
  841         (ii) Section 825.103, relating to exploitation of an
  842  elderly person or disabled adult.
  843         (jj) Section 825.1025, relating to lewd or lascivious
  844  offenses committed upon or in the presence of an elderly person
  845  or disabled person.
  846         (kk) Section 826.04, relating to incest.
  847         (ll) Section 827.03, relating to child abuse, aggravated
  848  child abuse, or neglect of a child.
  849         (mm) Section 827.04, relating to contributing to the
  850  delinquency or dependency of a child.
  851         (nn) Section 827.071, relating to sexual performance by a
  852  child.
  853         (oo) Section 843.01, relating to resisting arrest with
  854  violence.
  855         (pp) Chapter 847, relating to obscenity.
  856         (qq) Section 874.05, relating to causing, encouraging,
  857  soliciting, or recruiting another to join a criminal street
  858  gang.
  859         (rr) Chapter 893, relating to drug abuse prevention and
  860  control, if the offense was a felony of the second degree or
  861  greater severity.
  862         (ss) Section 916.1075, relating to sexual misconduct with
  863  certain forensic clients and reporting of such sexual
  864  misconduct.
  865         (tt) Section 944.47, relating to introduction, removal, or
  866  possession of contraband at a correctional facility.
  867         (uu) Section 985.701, relating to sexual misconduct in
  868  juvenile justice programs.
  869         (vv) Section 985.711, relating to introduction, removal, or
  870  possession of contraband at a juvenile detention facility or
  871  commitment program.
  872         (2) Any misdemeanor offense prohibited under any of the
  873  following statutes:
  874         (a) Section 784.03, relating to battery, if the victim of
  875  the offense was a minor.
  876         (b) Section 787.025, relating to luring or enticing a
  877  child.
  878         (3) Any criminal act committed in another state or under
  879  federal law which, if committed in this state, constitutes an
  880  offense prohibited under any statute listed in subsection (1) or
  881  subsection (2).
  882         (4) Any delinquent act committed in this state or any
  883  delinquent or criminal act committed in another state or under
  884  federal law which, if committed in this state, qualifies an
  885  individual for inclusion on the Registered Juvenile Sex Offender
  886  List under s. 943.0435(1)(h)1.d.
  887         Section 9. Paragraph (a) of subsection (2) and paragraph
  888  (b) of subsection (3) of section 1012.32, Florida Statutes, are
  889  amended to read:
  890         1012.32 Qualifications of personnel.—
  891         (2)(a) Instructional and noninstructional personnel who are
  892  hired or contracted to fill positions that require direct
  893  contact with students in any district school system, virtual
  894  instruction program, or university lab school must, upon
  895  employment or engagement to provide services, undergo background
  896  screening as required under s. 1012.465 or s. 1012.56, whichever
  897  is applicable. A district school board may not require employees
  898  or contractual personnel of a virtual instruction provider
  899  approved pursuant to s. 1002.45(2) to undergo additional
  900  background screening.
  901  
  902  Fingerprints shall be submitted to the Department of Law
  903  Enforcement for statewide criminal and juvenile records checks
  904  and to the Federal Bureau of Investigation for federal criminal
  905  records checks. A person subject to this subsection who is found
  906  ineligible for employment under s. 1012.315, or otherwise found
  907  through background screening to have been convicted of any crime
  908  involving moral turpitude as defined by rule of the State Board
  909  of Education, shall not be employed, engaged to provide
  910  services, or serve in any position that requires direct contact
  911  with students. Probationary persons subject to this subsection
  912  terminated because of their criminal record have the right to
  913  appeal such decisions. The cost of the background screening may
  914  be borne by the district school board, the charter school, the
  915  employee, the contractor, or a person subject to this
  916  subsection. A district school board shall reimburse a charter
  917  school the cost of background screening if it does not notify
  918  the charter school of the eligibility of a governing board
  919  member or instructional or noninstructional personnel within the
  920  earlier of 14 days after receipt of the background screening
  921  results from the Florida Department of Law Enforcement or 30
  922  days of submission of fingerprints by the governing board member
  923  or instructional or noninstructional personnel.
  924         (3)
  925         (b) The Department of Law Enforcement shall search all
  926  arrest fingerprints received under s. 943.051 against the
  927  fingerprints retained in the statewide automated biometric
  928  identification system under paragraph (a). Any arrest record
  929  that is identified with the retained fingerprints of a person
  930  subject to the background screening under this section shall be
  931  reported to the employing or contracting school district,
  932  virtual instruction provider approved pursuant to s. 1002.45(2),
  933  or the school district with which the person is affiliated. All
  934  school districts and approved virtual instruction providers are
  935  Each school district is required to participate in this search
  936  process by payment of an annual fee to the Department of Law
  937  Enforcement and by informing the Department of Law Enforcement
  938  of any change in the affiliation, employment, or contractual
  939  status or place of affiliation, employment, or contracting of
  940  its instructional and noninstructional personnel whose
  941  fingerprints are retained under paragraph (a). The Department of
  942  Law Enforcement shall adopt a rule setting the amount of the
  943  annual fee to be imposed upon each school district and approved
  944  virtual instruction provider for performing these searches and
  945  establishing the procedures for the retention of instructional
  946  and noninstructional personnel fingerprints and the
  947  dissemination of search results. The fee may be borne by the
  948  district school board, the approved virtual instruction
  949  provider, the contractor, or the person fingerprinted.
  950         Section 10. Subsection (1) of section 1012.795, Florida
  951  Statutes, is amended to read:
  952         1012.795 Education Practices Commission; authority to
  953  discipline.—
  954         (1) The Education Practices Commission may suspend the
  955  educator certificate of any instructional personnel or school
  956  administrator, as defined in s. 1012.01(2) or (3), for up to 5
  957  years, thereby denying that person the right to teach or
  958  otherwise be employed by a district school board or public
  959  school in any capacity requiring direct contact with students
  960  for that period of time, after which the person may return to
  961  teaching as provided in subsection (4); may revoke the educator
  962  certificate of any person, thereby denying that person the right
  963  to teach or otherwise be employed by a district school board or
  964  public school in any capacity requiring direct contact with
  965  students for up to 10 years, with reinstatement subject to
  966  subsection (4); may permanently revoke the educator certificate
  967  of any person thereby denying that person the right to teach or
  968  otherwise be employed by a district school board or public
  969  school in any capacity requiring direct contact with students;
  970  may suspend a person’s educator certificate, upon an order of
  971  the court or notice by the Department of Revenue relating to the
  972  payment of child support; may direct the department to place
  973  employees or contractual personnel of any public school, charter
  974  school, charter school governing board, or private school that
  975  participates in a state scholarship program under chapter 1002
  976  on the disqualification list maintained by the department
  977  pursuant to s. 1001.10(4)(b) for misconduct that would render
  978  the person ineligible pursuant to s. 1012.315; or may impose any
  979  other penalty provided by law, if the person:
  980         (a) Obtained or attempted to obtain an educator certificate
  981  by fraudulent means.
  982         (b) Knowingly failed to report actual or suspected child
  983  abuse as required in s. 1006.061 or report alleged misconduct by
  984  instructional personnel or school administrators which affects
  985  the health, safety, or welfare of a student as required in s.
  986  1012.796.
  987         (c) Has proved to be incompetent to teach or to perform
  988  duties as an employee of the public school system or to teach in
  989  or to operate a private school.
  990         (d) Has been guilty of gross immorality or an act involving
  991  moral turpitude as defined by rule of the State Board of
  992  Education, including engaging in or soliciting sexual, romantic,
  993  or lewd conduct with a student or minor.
  994         (e) Has had an educator certificate or other professional
  995  license sanctioned by this or any other state or has had the
  996  authority to practice the regulated profession revoked,
  997  suspended, or otherwise acted against, including a denial of
  998  certification or licensure, by the licensing or certifying
  999  authority of any jurisdiction, including its agencies and
 1000  subdivisions. The licensing or certifying authority’s acceptance
 1001  of a relinquishment, stipulation, consent order, or other
 1002  settlement offered in response to or in anticipation of the
 1003  filing of charges against the licensee or certificateholder
 1004  shall be construed as action against the license or certificate.
 1005  For purposes of this section, a sanction or action against a
 1006  professional license, a certificate, or an authority to practice
 1007  a regulated profession must relate to being an educator or the
 1008  fitness of or ability to be an educator.
 1009         (f) Has been convicted or found guilty of, has had
 1010  adjudication withheld for, or has pled guilty or nolo contendere
 1011  to a misdemeanor, felony, or any other criminal charge, other
 1012  than a minor traffic violation.
 1013         (g) Upon investigation, has been found guilty of personal
 1014  conduct that seriously reduces that person’s effectiveness as an
 1015  employee of the district school board.
 1016         (h) Has breached a contract, as provided in s. 1012.33(2)
 1017  or s. 1012.335.
 1018         (i) Has been the subject of a court order or notice by the
 1019  Department of Revenue pursuant to s. 409.2598 directing the
 1020  Education Practices Commission to suspend the certificate as a
 1021  result of noncompliance with a child support order, a subpoena,
 1022  an order to show cause, or a written agreement with the
 1023  Department of Revenue.
 1024         (j) Has violated the Principles of Professional Conduct for
 1025  the Education Profession prescribed by State Board of Education
 1026  rules.
 1027         (k) Has otherwise violated the provisions of law, the
 1028  penalty for which is the revocation of the educator certificate.
 1029         (l) Has violated any order of the Education Practices
 1030  Commission.
 1031         (m) Has been the subject of a court order or plea agreement
 1032  in any jurisdiction which requires the certificateholder to
 1033  surrender or otherwise relinquish his or her educator’s
 1034  certificate. A surrender or relinquishment shall be for
 1035  permanent revocation of the certificate. A person may not
 1036  surrender or otherwise relinquish his or her certificate prior
 1037  to a finding of probable cause by the commissioner as provided
 1038  in s. 1012.796.
 1039         (n) Has been disqualified from educator certification under
 1040  s. 1012.315.
 1041         (o) Has committed a third recruiting offense as determined
 1042  by the Florida High School Athletic Association (FHSAA) pursuant
 1043  to s. 1006.20(2)(b).
 1044         (p) Has violated test security as provided in s. 1008.24.
 1045         Section 11. Section 1012.796, Florida Statutes, is amended
 1046  to read:
 1047         1012.796 Complaints against educational support employees,
 1048  teachers, and administrators; procedure; penalties.—
 1049         (1)(a) The Department of Education shall cause to be
 1050  investigated expeditiously any complaint filed before it or
 1051  otherwise called to its attention which, if legally sufficient,
 1052  contains grounds for the revocation or suspension of a
 1053  certificate or any other appropriate penalty as set forth in
 1054  subsection (7). The complaint is legally sufficient if it
 1055  contains the ultimate facts that which show a violation has
 1056  occurred as provided in s. 1012.795 and defined by rule of the
 1057  State Board of Education. The department shall investigate or
 1058  continue to investigate and take appropriate action on a
 1059  complaint even though the original complainant withdraws the
 1060  complaint or otherwise indicates a desire not to cause it to be
 1061  investigated or prosecuted to completion. The department may
 1062  investigate or continue to investigate and take action on a
 1063  complaint filed against a person whose educator certificate has
 1064  expired if the act or acts that are the basis for the complaint
 1065  were allegedly committed while that person possessed an educator
 1066  certificate and may not issue a new certificate to such person
 1067  unless an investigation has been completed.
 1068         (b) The department shall immediately investigate any
 1069  legally sufficient complaint that involves misconduct by any
 1070  certificated personnel which affects the health, safety, or
 1071  welfare of a student, giving the complaint priority over other
 1072  pending complaints. The department must investigate or continue
 1073  to investigate and take action on such a complaint filed against
 1074  a person whose educator certificate has expired if the act or
 1075  acts that are the basis for the complaint were allegedly
 1076  committed while that person possessed an educator certificate.
 1077         (c) When an investigation is undertaken, the department
 1078  shall notify the certificateholder or applicant for
 1079  certification and the district school superintendent or the
 1080  university laboratory school, charter school, or private school
 1081  in which the certificateholder or applicant for certification is
 1082  employed or was employed at the time the alleged offense
 1083  occurred. In addition, the department shall inform the
 1084  certificateholder or applicant for certification of the
 1085  substance of any complaint that which has been filed against
 1086  that certificateholder or applicant, unless the department
 1087  determines that such notification would be detrimental to the
 1088  investigation, in which case the department may withhold
 1089  notification.
 1090         (d)1. Each school district shall file in writing with the
 1091  department all legally sufficient complaints within 30 days
 1092  after the date on which subject matter of the complaint comes to
 1093  the attention of the school district, regardless of whether the
 1094  subject of the complaint is still an employee of the school
 1095  district. A complaint is legally sufficient if it contains
 1096  ultimate facts that show a violation has occurred as provided in
 1097  s. 1012.795 and defined by rule of the State Board of Education.
 1098  The school district shall include all information relating to
 1099  the complaint which is known to the school district at the time
 1100  of filing.
 1101         2. A school district shall immediately notify the
 1102  department if the subject of a legally sufficient complaint of
 1103  misconduct affecting the health, safety, or welfare of a student
 1104  resigns or is terminated before the conclusion of the school
 1105  district’s investigation. Upon receipt of the notification, the
 1106  department shall place an alert on the person’s certification
 1107  file indicating that he or she resigned or was terminated before
 1108  an investigation involving allegations of misconduct affecting
 1109  the health, safety, or welfare of a student was concluded. In
 1110  such circumstances, the database may not include specific
 1111  information relating to the alleged misconduct until permitted
 1112  by subsection (4). This subparagraph does not limit or restrict
 1113  the duty of the district school board to investigate the
 1114  complaint and misconduct and report the findings and conclusion
 1115  to the department.
 1116         3.Each district school board or superintendent, charter
 1117  school governing board, approved virtual instruction provider,
 1118  and private school that participates in a state scholarship
 1119  program under chapter 1002 shall immediately report to the
 1120  Department of Education an arrest or conviction of educational
 1121  support employees, administrative or instructional personnel, or
 1122  school officials for an offense that reflects a risk of harm to
 1123  the health, safety, or welfare of a student or would render the
 1124  person ineligible pursuant to s. 1012.315, as determined by
 1125  state board rule adopted pursuant to this section. The same
 1126  reporting requirements apply to a substantiated allegation of
 1127  such misconduct by educational support employees, administrative
 1128  or instructional personnel, or school officials, regardless of
 1129  whether the accused person has been arrested or convicted in
 1130  relation to the misconduct.
 1131         4.3. Each district school board shall develop and adopt
 1132  policies and procedures to comply with this reporting
 1133  requirement. School board policies and procedures must include
 1134  standards for screening, hiring, and terminating educational
 1135  support employees, instructional personnel, and school
 1136  administrators, as defined in s. 1012.01; standards of ethical
 1137  conduct for educational support employees, instructional
 1138  personnel, and school administrators; the duties of educational
 1139  support employees, instructional personnel, and school
 1140  administrators for upholding the standards; detailed procedures
 1141  for reporting alleged misconduct by educational support
 1142  employees, instructional personnel, and school administrators
 1143  which affects the health, safety, or welfare of a student;
 1144  requirements for the reassignment of educational support
 1145  employees, instructional personnel, and or school administrators
 1146  pending the outcome of a misconduct investigation; and penalties
 1147  for failing to comply with s. 1001.51 or s. 1012.795. The
 1148  district school board policies and procedures must shall include
 1149  appropriate penalties for all personnel of the district school
 1150  board for nonreporting and procedures for promptly informing the
 1151  district school superintendent of each legally sufficient
 1152  complaint. The district school superintendent is charged with
 1153  knowledge of these policies and procedures and is accountable
 1154  for the training of all educational support employees,
 1155  instructional personnel, and school administrators of the school
 1156  district on the standards of ethical conduct, policies, and
 1157  procedures.
 1158         5.4. If the district school superintendent has knowledge of
 1159  a legally sufficient complaint and does not report the
 1160  complaint, or fails to enforce the policies and procedures of
 1161  the district school board, and fails to comply with the
 1162  requirements of this subsection, in addition to other actions
 1163  against certificateholders authorized by law, the district
 1164  school superintendent is subject to penalties as specified in s.
 1165  1001.51(12).
 1166         6.5. If the superintendent determines that misconduct by
 1167  educational support employees, instructional personnel, or
 1168  school administrators who hold an educator certificate affects
 1169  the health, safety, or welfare of a student and the misconduct
 1170  warrants termination, the educational support employees,
 1171  instructional personnel, or school administrators may resign or
 1172  be terminated, and the superintendent must report the misconduct
 1173  to the department in the format prescribed by the department.
 1174  The department shall place such educational support employees,
 1175  instructional personnel, or school administrators on the
 1176  disqualification list maintained by the department pursuant to
 1177  s. 1001.10(4)(b). The department shall maintain each report of
 1178  misconduct as a public record in the educational support
 1179  employees’, instructional personnel’s, or school administrators’
 1180  certification files. This paragraph does not limit or restrict
 1181  the power and duty of the department to investigate complaints
 1182  regarding certificated personnel, regardless of the school
 1183  district’s untimely filing, or failure to file, complaints and
 1184  followup reports. This subparagraph does not create a duty for
 1185  the department to investigate complaints regarding noncertified
 1186  personnel.
 1187         (e) If allegations arise against an employee who is
 1188  certified under s. 1012.56 and employed in an educator
 1189  certificated position in any public school, charter school or
 1190  governing board thereof, or private school that accepts
 1191  scholarship students who participate in a state scholarship
 1192  program under chapter 1002, the school shall file in writing
 1193  with the department a legally sufficient complaint within 30
 1194  days after the date on which the subject matter of the complaint
 1195  came to the attention of the school, regardless of whether the
 1196  subject of the allegations is still an employee of the school. A
 1197  complaint is legally sufficient if it contains ultimate facts
 1198  that show a violation has occurred as provided in s. 1012.795
 1199  and defined by rule of the State Board of Education. The school
 1200  shall include all known information relating to the complaint
 1201  with the filing of the complaint. This paragraph does not limit
 1202  or restrict the power and duty of the department to investigate
 1203  complaints, regardless of the school’s untimely filing, or
 1204  failure to file, complaints and followup reports. A school
 1205  described in this paragraph shall immediately notify the
 1206  department if the subject of a legally sufficient complaint of
 1207  misconduct affecting the health, safety, or welfare of a student
 1208  resigns or is terminated before the conclusion of the school’s
 1209  investigation. Upon receipt of the notification, the department
 1210  shall place an alert on the person’s certification file
 1211  indicating that he or she resigned or was terminated before an
 1212  investigation involving allegations of misconduct affecting the
 1213  health, safety, or welfare of a student was concluded. In such
 1214  circumstances, the database may not include specific information
 1215  relating to the alleged misconduct until permitted by subsection
 1216  (4).
 1217         (f) Notwithstanding any other law, all law enforcement
 1218  agencies, state attorneys, social service agencies, district
 1219  school boards, and the Division of Administrative Hearings shall
 1220  fully cooperate with and, upon request, shall provide unredacted
 1221  documents to the Department of Education to further
 1222  investigations and prosecutions conducted pursuant to this
 1223  section. Any document received may not be redisclosed except as
 1224  authorized by law.
 1225         (2) The Commissioner of Education shall develop job
 1226  specifications for investigative personnel employed by the
 1227  department. Such specifications shall be substantially
 1228  equivalent to or greater than those job specifications of
 1229  investigative personnel employed by the Department of Business
 1230  and Professional Regulation. The department may contract with
 1231  the Department of Business and Professional Regulation for
 1232  investigations. No person who is responsible for conducting an
 1233  investigation of a teacher or administrator may prosecute the
 1234  same case. The department general counsel or members of that
 1235  staff may conduct prosecutions under this section.
 1236         (3) The department staff shall advise the commissioner
 1237  concerning the findings of the investigation and of all
 1238  referrals by the Florida High School Athletic Association
 1239  (FHSAA) pursuant to ss. 1006.20(2)(b) and 1012.795. The
 1240  department general counsel or members of that staff shall review
 1241  the investigation or the referral and advise the commissioner
 1242  concerning probable cause or lack thereof. The determination of
 1243  probable cause shall be made by the commissioner. The
 1244  commissioner shall provide an opportunity for a conference, if
 1245  requested, prior to determining probable cause. The commissioner
 1246  may enter into deferred prosecution agreements in lieu of
 1247  finding probable cause if, in his or her judgment, such
 1248  agreements are in the best interests of the department, the
 1249  certificateholder, and the public. Such deferred prosecution
 1250  agreements shall become effective when filed with the clerk of
 1251  the Education Practices Commission. However, a deferred
 1252  prosecution agreement may not be entered into if there is
 1253  probable cause to believe that a felony or an act of moral
 1254  turpitude, as defined by rule of the State Board of Education,
 1255  has occurred, or for referrals by the FHSAA. Upon finding no
 1256  probable cause, the commissioner shall dismiss the complaint and
 1257  may issue a letter of guidance to the certificateholder.
 1258         (4) The complaint and all information obtained pursuant to
 1259  the investigation by the department shall be confidential and
 1260  exempt from the provisions of s. 119.07(1) until the conclusion
 1261  of the preliminary investigation of the complaint, until such
 1262  time as the preliminary investigation ceases to be active, or
 1263  until such time as otherwise provided by s. 1012.798(6).
 1264  However, the complaint and all material assembled during the
 1265  investigation may be inspected and copied by the
 1266  certificateholder under investigation, or the
 1267  certificateholder’s designee, after the investigation is
 1268  concluded, but prior to the determination of probable cause by
 1269  the commissioner. If the preliminary investigation is concluded
 1270  with the finding that there is no probable cause to proceed, the
 1271  complaint and information shall be open thereafter to inspection
 1272  pursuant to s. 119.07(1). If the preliminary investigation is
 1273  concluded with the finding that there is probable cause to
 1274  proceed and a complaint is filed pursuant to subsection (6), the
 1275  complaint and information shall be open thereafter to inspection
 1276  pursuant to s. 119.07(1). If the preliminary investigation
 1277  ceases to be active, the complaint and all such material shall
 1278  be open thereafter to inspection pursuant to s. 119.07(1),
 1279  except as otherwise provided pursuant to s. 1012.798(6). For the
 1280  purpose of this subsection, a preliminary investigation shall be
 1281  considered active as long as it is continuing with a reasonable,
 1282  good faith anticipation that an administrative finding will be
 1283  made in the foreseeable future.
 1284         (5) When an allegation of misconduct by educational support
 1285  employees, instructional personnel, or school administrators, as
 1286  defined in s. 1012.01, is received, if the alleged misconduct
 1287  affects the health, safety, or welfare of a student, the
 1288  district school superintendent in consultation with the school
 1289  principal, or upon the request of the Commissioner of Education,
 1290  must immediately suspend the educational support employees,
 1291  instructional personnel, or school administrators from regularly
 1292  assigned duties, with pay, and reassign the suspended employees,
 1293  personnel, or administrators to positions that do not require
 1294  direct contact with students in the district school system. Such
 1295  suspension shall continue until the completion of the
 1296  proceedings and the determination of sanctions, if any, pursuant
 1297  to this section and s. 1012.795.
 1298         (6) Upon the finding of probable cause, the commissioner
 1299  shall file a formal complaint and prosecute the complaint
 1300  pursuant to the provisions of chapter 120. An administrative law
 1301  judge shall be assigned by the Division of Administrative
 1302  Hearings of the Department of Management Services to hear the
 1303  complaint if there are disputed issues of material fact. The
 1304  administrative law judge shall make recommendations in
 1305  accordance with the provisions of subsection (7) to the
 1306  appropriate Education Practices Commission panel which shall
 1307  conduct a formal review of such recommendations and other
 1308  pertinent information and issue a final order. The commission
 1309  shall consult with its legal counsel prior to issuance of a
 1310  final order.
 1311         (7) A panel of the commission shall enter a final order
 1312  either dismissing the complaint or imposing one or more of the
 1313  following penalties:
 1314         (a) Denial of an application for a certificate or for an
 1315  administrative or supervisory endorsement on a teaching
 1316  certificate. The denial may provide that the applicant may not
 1317  reapply for certification, and that the department may refuse to
 1318  consider that applicant’s application, for a specified period of
 1319  time or permanently.
 1320         (b) Revocation or suspension of a certificate.
 1321         (c) Imposition of an administrative fine not to exceed
 1322  $2,000 for each count or separate offense.
 1323         (d) Placement of the teacher, administrator, or supervisor
 1324  on probation for a period of time and subject to such conditions
 1325  as the commission may specify, including requiring the certified
 1326  teacher, administrator, or supervisor to complete additional
 1327  appropriate college courses or work with another certified
 1328  educator, with the administrative costs of monitoring the
 1329  probation assessed to the educator placed on probation. An
 1330  educator who has been placed on probation shall, at a minimum:
 1331         1. Immediately notify the investigative office in the
 1332  Department of Education upon employment or separation from
 1333  employment in any public or private position requiring a Florida
 1334  educator’s certificate.
 1335         2. Have his or her immediate supervisor submit annual
 1336  performance reports to the investigative office in the
 1337  Department of Education.
 1338         3. Pay to the commission within the first 6 months of each
 1339  probation year the administrative costs of monitoring probation
 1340  assessed to the educator.
 1341         4. Violate no law and fully comply with all district school
 1342  board policies, school rules, and State Board of Education
 1343  rules.
 1344         5. Satisfactorily perform his or her assigned duties in a
 1345  competent, professional manner.
 1346         6. Bear all costs of complying with the terms of a final
 1347  order entered by the commission.
 1348         (e) Restriction of the authorized scope of practice of the
 1349  teacher, administrator, or supervisor.
 1350         (f) Reprimand of the teacher, administrator, or supervisor
 1351  in writing, with a copy to be placed in the certification file
 1352  of such person.
 1353         (g) Imposition of an administrative sanction, upon a person
 1354  whose teaching certificate has expired, for an act or acts
 1355  committed while that person possessed a teaching certificate or
 1356  an expired certificate subject to late renewal, which sanction
 1357  bars that person from applying for a new certificate for a
 1358  period of 10 years or less, or permanently.
 1359         (h) Refer the teacher, administrator, or supervisor to the
 1360  recovery network program provided in s. 1012.798 under such
 1361  terms and conditions as the commission may specify.
 1362         (i) Direct the department to place educational support
 1363  employees, instructional personnel, or school administrators on
 1364  the disqualification list maintained by the department pursuant
 1365  to s. 1001.10(4)(b) for conduct that would render the person
 1366  ineligible pursuant to s. 1012.315.
 1367  
 1368  The penalties imposed under this subsection are in addition to,
 1369  and not in lieu of, the penalties required for a third
 1370  recruiting offense pursuant to s. 1006.20(2)(b).
 1371         (8) Violations of the provisions of a final order shall
 1372  result in an order to show cause issued by the clerk of the
 1373  Education Practices Commission if requested by the Department of
 1374  Education. Upon failure of the educator, at the time and place
 1375  stated in the order, to show cause satisfactorily to the
 1376  Education Practices Commission why a penalty for violating the
 1377  provisions of a final order should not be imposed, the Education
 1378  Practices Commission shall impose whatever penalty is
 1379  appropriate as established in s. 1012.795(6). The Department of
 1380  Education shall prosecute the individual ordered to show cause
 1381  before the Education Practices Commission. The Department of
 1382  Education and the individual may enter into a settlement
 1383  agreement, which shall be presented to the Education Practices
 1384  Commission for consideration. Any probation period will be
 1385  tolled when an order to show cause has been issued until the
 1386  issue is resolved by the Education Practices Commission;
 1387  however, the other terms and conditions of the final order shall
 1388  be in full force and effect until changed by the Education
 1389  Practices Commission.
 1390         (9) All moneys collected by, or awarded to, the commission
 1391  as fees, fines, penalties, or costs shall be deposited into the
 1392  Educational Certification and Service Trust Fund pursuant to s.
 1393  1012.59.
 1394         (10) Persons included on the disqualification list
 1395  maintained by the department pursuant to s. 1001.10(4)(b) may
 1396  not serve or apply to serve as employees or contractual
 1397  personnel at any public school or private school participating
 1398  in a state scholarship program under chapter 1002. A person who
 1399  knowingly violates this subsection, or an employer who knowingly
 1400  hires a person in violation of this subsection, commits a felony
 1401  of the third degree, punishable as provided in s. 775.082 or s.
 1402  775.083.
 1403         Section 12. Section 1012.797, Florida Statutes, is amended
 1404  to read:
 1405         1012.797 Notification by law enforcement of district school
 1406  superintendent of certain charges against or convictions of
 1407  employees.—
 1408         (1) Notwithstanding the provisions of s. 985.04(7) or any
 1409  other provision of law to the contrary, a law enforcement agency
 1410  shall, within 48 hours, notify the appropriate district school
 1411  superintendent, charter school governing board, or private
 1412  school owner or administrator, as applicable, of the name and
 1413  address of any employee or contractor of the school district,
 1414  charter school, or private school, as applicable, who is charged
 1415  with a felony or with a misdemeanor involving the abuse of a
 1416  minor child or the sale or possession of a controlled substance.
 1417  The notification shall include the specific charge for which the
 1418  employee or contractor of the school district was arrested. Such
 1419  notification shall include other education providers such as the
 1420  Florida School for the Deaf and the Blind, university lab
 1421  schools, and private elementary and secondary schools.
 1422         (2) Except to the extent necessary to protect the health,
 1423  safety, and welfare of other students, the information obtained
 1424  by the district school superintendent pursuant to this section
 1425  may be released only to appropriate school personnel or as
 1426  otherwise provided by law.
 1427         Section 13. This act shall take effect July 1, 2021.