Bill Text: FL S0534 | 2020 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Education
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2020-03-14 - Died in Appropriations [S0534 Detail]
Download: Florida-2020-S0534-Introduced.html
Bill Title: Education
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2020-03-14 - Died in Appropriations [S0534 Detail]
Download: Florida-2020-S0534-Introduced.html
Florida Senate - 2020 SB 534 By Senator Diaz 36-00698A-20 2020534__ 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 department to adopt rules; requiring the 10 department to provide certain staff with access to 11 information from such disqualification list; amending 12 s. 1001.42, F.S.; requiring district school boards to 13 investigate certain complaints and report certain 14 results of such investigations to the department; 15 requiring the department to place a person who is 16 terminated, or resigns in lieu of termination, for a 17 certain reason on the disqualification list; requiring 18 district school boards to adopt policies establishing 19 standards of ethical conduct for educational support 20 employees; requiring district school boards to 21 disqualify educational support employees from 22 employment in certain circumstances; requiring 23 district school boards to report a disqualified person 24 to the department for inclusion on the 25 disqualification list; revising the circumstances for 26 which a school board official shall forfeit his or her 27 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 for inclusion of 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 for the inclusion of the 50 person on the disqualification list; authorizing the 51 Commissioner of Education to deny or revoke the 52 authority of an owner or operator of a certain private 53 school to establish or operate a private school under 54 certain conditions; requiring the commissioner to 55 include such person on the disqualification list; 56 amending s. 1002.45, F.S.; revising virtual 57 instruction program provider qualifications for 58 department approval; expanding the screening 59 requirements for employees and personnel of an 60 approved virtual instruction program provider; 61 requiring an approved virtual instruction program 62 provider to disqualify certain persons and make a 63 report to the department for inclusion of the person 64 on the disqualification list; requiring an approved 65 virtual instruction program provider to comply with a 66 specified provision; requiring an approved virtual 67 instruction program provider to inform the district 68 school board of a certain complaint; amending s. 69 1006.061, F.S.; requiring certain schools to include 70 information related to certain employees in a required 71 posting; amending s. 1012.31, F.S.; clarifying a 72 school district reporting requirement; amending s. 73 1012.315, F.S.; expanding ineligibility for educator 74 certification or employment to persons who are on the 75 disqualification list; amending s. 1012.32, F.S.; 76 expanding requirements for screening of certain 77 personnel of a virtual instruction program; 78 prohibiting district school boards from requiring 79 additional background screening of certain employees 80 and personnel; amending s. 1012.795, F.S.; expanding 81 the authority of the Education Practices Commission to 82 discipline certain employees and personnel; amending 83 s. 1012.796, F.S.; requiring the department to 84 complete an investigation before issuing a new 85 educator certificate to certain persons; clarifying 86 the duty of a district school board to perform certain 87 investigations; requiring certain entities to report 88 certain arrests and allegations of misconduct of 89 certain employees, personnel, and administrators to 90 the department; requiring district school boards to 91 adopt certain policies and procedures regarding 92 educational support employees; requiring school 93 superintendents to report certain misconduct of 94 educational support employees to the department; 95 requiring the department to include certain employees, 96 personnel, and administrators on the disqualification 97 list; requiring the department to maintain certain 98 reports of misconduct; clarifying the department’s 99 duty to investigate certificated personnel; requiring 100 a district school superintendent to suspend and 101 reassign educational support employees for a certain 102 allegation of misconduct; expanding penalties that may 103 be imposed by the commission; authorizing the 104 commission to direct the department to include a 105 certain person on the disqualification list for 106 certain conduct; prohibiting persons on the 107 disqualification list from serving or applying to 108 serve as employees or contract personnel at certain 109 institutions; providing criminal penalties; amending 110 s. 1012.797, F.S.; expanding the list of entities that 111 law enforcement agencies must notify of certain 112 charges; requiring law enforcement agencies to notify 113 certain institutions of certain charges against 114 employees or contractors; providing an effective date. 115 116 Be It Enacted by the Legislature of the State of Florida: 117 118 Section 1. Subsections (4) and (5) of section 1001.10, 119 Florida Statutes, are amended to read: 120 1001.10 Commissioner of Education; general powers and 121 duties.— 122 (4)(a) The Department of Education shall provide technical 123 assistance to school districts, charter schools, the Florida 124 School for the Deaf and the Blind, and private schools that 125 accept scholarship students who participate in a state 126 scholarship program under chapter 1002 in the development of 127 policies, procedures, and training related to employment 128 practices and standards of ethical conduct for instructional 129 personnel and school administrators, as defined in s. 1012.01. 130 (b) The department shall maintain a disqualification list, 131 which must include the following information: 132 1. The identity of any person who has been permanently 133 denied a certificate or whose educator certificate has been 134 permanently revoked and has been placed on the list as directed 135 by the Education Practices Commission pursuant to s. 1012.795(1) 136 or s. 1012.796(7); 137 2. The identity of any person who has been permanently 138 disqualified by the commissioner as an owner or operator of a 139 private school participating in state scholarship programs 140 pursuant to s. 1002.421 for a reason that reflects a risk of 141 harm to the health, safety, or welfare of a student; 142 3. The identity of any person who has been terminated, or 143 has resigned in lieu of termination, from employment with a 144 district school board as a result of misconduct that affects the 145 health, safety, or welfare of a student; and 146 4. The identity of any person who has been disqualified 147 from employment pursuant to s. 1012.315. 148 (c) The department may remove a person from the 149 disqualification list if the person demonstrates that: 150 1. A completed law enforcement investigation resulted in an 151 exoneration or no conviction or finding of guilt, and a 152 completed investigation and proceeding, as applicable, by the 153 responsible education agency resulted in no finding that the 154 person committed disqualifying conduct; or 155 2. The person was not the subject of the report of 156 disqualifying conduct and was included on the disqualification 157 list in error or as a result of mistaken identity. 158 (d) The department shall adopt rules to implement the 159 disqualification list. 160 (5) The Department of Education shall provide authorized 161 staff of school districts, charter schools, the Florida School 162 for the Deaf and the Blind, and private schools that accept 163 scholarship students who participate in a state scholarship 164 program under chapter 1002 with access to electronic 165 verification of information from the following employment 166 screening tools: 167 (a) The Professional Practices’ Database of Disciplinary 168 Actions Against Educators;and169 (b) The Department of Education’s Teacher Certification 170 Database; and 171 (c) The Department of Education’s disqualification list 172 maintained pursuant to paragraph (4)(b). 173 174 This subsection does not require the department to provide these 175 staff with unlimited access to the databases. However, the 176 department shall provide the staff with access to the data 177 necessary for performing employment history checks of the 178 educational support employees, instructional personnel, and 179 school administrators included in the databases. 180 Section 2. Subsections (6) and (7) of section 1001.42, 181 Florida Statutes, are amended, and paragraph (c) is added to 182 subsection (5) of that section, to read: 183 1001.42 Powers and duties of district school board.—The 184 district school board, acting as a board, shall exercise all 185 powers and perform all duties listed below: 186 (5) PERSONNEL.— 187 (c) Immediately investigate any legally sufficient 188 complaint that involves misconduct by an educational support 189 employee, instructional personnel, or administrative personnel 190 which affects the health, safety, or welfare of a student and 191 would result in termination. An investigation that results in 192 termination, or the accused person’s resignation in lieu of 193 termination, must be reported to the department, and the 194 department shall place the person on the disqualification list 195 maintained pursuant to s. 1001.10(4)(b). 196 (6) STANDARDS OF ETHICAL CONDUCT FOR EDUCATIONAL SUPPORT 197 EMPLOYEES, INSTRUCTIONAL PERSONNEL, ADMINISTRATIVE PERSONNEL, 198 AND SCHOOL OFFICERS.—Adopt policies establishing standards of 199 ethical conduct for educational support employees, instructional 200 personnel, administrative personnel, and school officers. The 201 policies must require all educational support employees, 202 instructional personnel, administrative personnel, and school 203 officers, as defined in s. 1012.01, to complete training on the 204 standards; establish the duty of educational support employees, 205 instructional personnel, administrative personnel, and school 206 officers to report, and procedures for reporting, alleged 207 misconduct by other educational support employees, instructional 208 or administrative personnel, and school officers which affects 209 the health, safety, or welfare of a student, including 210 misconduct that involves engaging in or soliciting sexual, 211 romantic, or lewd conduct with a student; require the district 212 school superintendent to report to law enforcement misconduct by 213 educational support employees, instructional personnel, or 214 school administrators that would result in disqualification from 215 educator certification or employment as provided in s. 1012.315; 216 and include an explanation of the liability protections provided 217 under ss. 39.203 and 768.095. A district school board, or any of 218 its employees or personnel, may not enter into a confidentiality 219 agreement regarding terminated or dismissed educational support 220 employees, instructional or administrative personnel, or school 221 officers who resign in lieu of termination, based in whole or in 222 part on misconduct that affects the health, safety, or welfare 223 of a student, and may not provide educational support employees, 224 instructional personnel, administrative personnel, or school 225 officers with employment references or discuss the employees’, 226 personnel’s, or officers’ performance with prospective employers 227 in another educational setting, without disclosing the 228 employees’, personnel’s, or officers’ misconduct. Any part of an 229 agreement or contract that has the purpose or effect of 230 concealing misconduct by educational support employees, 231 instructional personnel, administrative personnel, or school 232 officers which affects the health, safety, or welfare of a 233 student is void, is contrary to public policy, and may not be 234 enforced. 235 (7) DISQUALIFICATION FROM EMPLOYMENT.—Disqualify 236 educational support employees, instructional personnel, and 237 administrative personnel, as defined in s. 1012.01, from 238 employment in any position that requires direct contact with 239 students if the employees or personnel are ineligible for such 240 employment under s. 1012.315, and 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 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 whichaffects the health, safety, or250welfare of a student andthe school board official knowsthe251reportto 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 prior to 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 report the person and the disqualifying 295 circumstances to the department for inclusion on the 296 disqualification list maintained pursuant to s. 1001.10(4)(b). 297 3. The governing board of a charter school shall adopt 298 policies establishing standards of ethical conduct for 299 educational support employees, instructional personnel, and 300 school administrators. The policies must require all educational 301 support employees, instructional personnel, and school 302 administrators, as defined in s. 1012.01, to complete training 303 on the standards; establish the duty of educational support 304 employees, instructional personnel, and school administrators to 305 report, and procedures for reporting, alleged misconduct by 306 other educational support employees, instructional personnel, 307 and school administrators which affects the health, safety, or 308 welfare of a student; and include an explanation of the 309 liability protections provided under ss. 39.203 and 768.095. A 310 charter school, or any of its employees, may not enter into a 311 confidentiality agreement regarding terminated or dismissed 312 educational support employees, instructional personnel, or 313 school administrators, or personnel or administrators who resign 314 in lieu of termination, based in whole or in part on misconduct 315 that affects the health, safety, or welfare of a student, and 316 may not provide educational support employees, instructional 317 personnel, or school administrators with employment references 318 or discuss the employees’, personnel’s, or administrators’ 319 performance with prospective employers in another educational 320 setting, without disclosing the employees’, personnel’s or 321 administrators’ misconduct. Any part of an agreement or contract 322 that has the purpose or effect of concealing misconduct by 323 educational support employees, instructional personnel, or 324 school administrators which affects the health, safety, or 325 welfare of a student is void, is contrary to public policy, and 326 may not be enforced. 327 4. Before employing a personinstructional personnel or328school administratorsin any position that requires direct 329 contact with students, a charter school shall conduct employment 330 history checks of each of the person’spersonnel’s or331administrators’previous employers, screen the person 332instructional personnel or school administratorsthrough use of 333 theeducatorscreening tools described in s. 1001.10(5), and 334 document the findings. If unable to contact a previous employer, 335 the charter school must document efforts to contact the 336 employer. 337 5. The sponsor of a charter school that knowingly fails to 338 comply with this paragraph shall terminate the charter under 339 subsection (8). 340 (16) EXEMPTION FROM STATUTES.— 341 (b)Additionally,A charter school also shall be in 342 compliance with the following statutes: 343 1. Section 286.011, relating to public meetings and 344 records, public inspection, and criminal and civil penalties. 345 2. Chapter 119, relating to public records. 346 3. Section 1003.03, relating to the maximum class size, 347 except that the calculation for compliance pursuant to s. 348 1003.03 shall be the average at the school level. 349 4. Section 1012.22(1)(c), relating to compensation and 350 salary schedules. 351 5. Section 1012.33(5), relating to workforce reductions. 352 6. Section 1012.335, relating to contracts with 353 instructional personnel hired on or after July 1, 2011. 354 7. Section 1012.34, relating to the substantive 355 requirements for performance evaluations for instructional 356 personnel and school administrators. 357 8. Section 1006.12, relating to safe-school officers. 358 9. Section 1006.07(7), relating to threat assessment teams. 359 10. Section 1006.07(9), relating to School Environmental 360 Safety Incident Reporting. 361 11. Section 1006.1493, relating to the Florida Safe Schools 362 Assessment Tool. 363 12. Section 1006.07(6)(c), relating to adopting an active 364 assailant response plan. 365 13. Section 943.082(4)(b), relating to the mobile 366 suspicious activity reporting tool. 367 14. Section 1012.584, relating to youth mental health 368 awareness and assistance training. 369 15. Section 1012.796, relating to complaints against 370 educational support employees, teachers, and administrators. 371 (c) For purposes of subparagraphs (b)4.-7. and 15.: 372 1. The duties assigned to a district school superintendent 373 apply to charter school administrative personnel, as defined in 374 s. 1012.01(3)(a) and (b), and the charter school governing board 375 shall designate at least one administrative person to be 376 responsible for such duties. 377 2. The duties assigned to a district school board apply to 378 a charter school governing board. 379 3. A charter school may hire instructional personnel and 380 other employees on an at-will basis. 381 4. Notwithstanding any provision to the contrary, 382 instructional personnel and other employees on contract may be 383 suspended or dismissed any time during the term of the contract 384 without cause. 385 Section 4. Paragraphs (n) and (o) of subsection (1) and 386 subsection (3) of section 1002.421, Florida Statutes, are 387 amended, and paragraph (r) of subsection (1) is added to that 388 section, to read: 389 1002.421 State school choice scholarship program 390 accountability and oversight.— 391 (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private 392 school participating in an educational scholarship program 393 established pursuant to this chapter must be a private school as 394 defined in s. 1002.01(2) in this state, be registered, and be in 395 compliance with all requirements of this section in addition to 396 private school requirements outlined in s. 1002.42, specific 397 requirements identified within respective scholarship program 398 laws, and other provisions of Florida law that apply to private 399 schools, and must: 400 (n) Adopt policies establishing standards of ethical 401 conduct for educational support employees, instructional 402 personnel, and school administrators. The policies must require 403 all educational support employees, instructional personnel, and 404 school administrators, as defined in s. 1012.01, to complete 405 training on the standards; establish the duty of educational 406 support employees, instructional personnel, and school 407 administrators to report, and procedures for reporting, alleged 408 misconduct by other educational support employees, instructional 409 personnel, and school administrators which affects the health, 410 safety, or welfare of a student; and include an explanation of 411 the liability protections provided under ss. 39.203 and 768.095. 412 A private school, or any of its employees, may not enter into a 413 confidentiality agreement regarding terminated or dismissed 414 educational support employees, instructional personnel, or 415 school administrators, or personnel or administrators who resign 416 in lieu of termination, based in whole or in part on misconduct 417 that affects the health, safety, or welfare of a student, and 418 may not provide the employees,instructionalpersonnel, or 419 school administrators with employment references or discuss the 420 employees’, personnel’s, or administrators’ performance with 421 prospective employers in another educational setting, without 422 disclosing the employees’, personnel’s, or administrators’ 423 misconduct. Any part of an agreement or contract that has the 424 purpose or effect of concealing misconduct by educational 425 support employees, instructional personnel, or school 426 administrators which affects the health, safety, or welfare of a 427 student is void, is contrary to public policy, and may not be 428 enforced. 429 (o) Before employing an individualinstructional personnel430or school administratorsin any position that requires direct 431 contact with students, conduct employment history checks ofeach432of the personnel’s or administrators’previous employers, screen 433 the individual using thepersonnel or administrators through use434of the educatorscreening tools described in s. 1001.10(5), and 435 document the findings. If unable to contact a previous employer, 436 the private school must document efforts to contact the 437 employer. The private school must deny employment to any 438 individual whose educator certificate is revoked, who is barred 439 from reapplication for an educator certificate, or who is 440 identified on the disqualification list maintained by the 441 department pursuant to s. 1001.10(4)(b). 442 (r) Disqualify educational support employees, instructional 443 personnel, and school administrators from employment in any 444 position that requires direct contact with students if the 445 personnel or administrators are ineligible for such employment 446 pursuant to this section or s. 1012.315, and report the person 447 and the disqualifying circumstances to the department for 448 inclusion on the disqualification list maintained pursuant to s. 449 1001.10(4)(b). 450 451 The department shall suspend the payment of funds to a private 452 school that knowingly fails to comply with this subsection, and 453 shall prohibit the school from enrolling new scholarship 454 students, for 1 fiscal year and until the school complies. If a 455 private school fails to meet the requirements of this subsection 456 or has consecutive years of material exceptions listed in the 457 report required under paragraph (q), the commissioner may 458 determine that the private school is ineligible to participate 459 in a scholarship program. 460 (3) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS. 461 The Commissioner of Education: 462 (a) Shall deny, suspend, or revoke a private school’s 463 participation in a scholarship program if it is determined that 464 the private school has failed to comply with this section or 465 exhibits a previous pattern of failure to comply. However, if 466 the noncompliance is correctable within a reasonable amount of 467 time, not to exceed 45 days, and if the health, safety, or 468 welfare of the students is not threatened, the commissioner may 469 issue a notice of noncompliance which provides the private 470 school with a timeframe within which to provide evidence of 471 compliance before taking action to suspend or revoke the private 472 school’s participation in the scholarship program. 473 (b) May deny, suspend, or revoke a private school’s 474 participation in a scholarship program if the commissioner 475 determines that an owner or operator of the private school is 476 operating or has operated an educational institution in this 477 state or in another state or jurisdiction in a manner contrary 478 to the health, safety, or welfare of the public or if the owner 479 or operator has exhibited a previous pattern of failure to 480 comply with this section or specific requirements identified 481 within respective scholarship program laws. For purposes of this 482 subsection, the term “owner or operator” has the same meaning as 483 provided in paragraph (1)(p). 484 (c) May permanently deny or revoke the authority of an 485 owner or operator to establish or operate a private school 486 participating in an educational scholarship program pursuant to 487 this chapter if the commissioner decides that the owner or 488 operator is operating or has operated an educational institution 489 in this state or another state or jurisdiction in a manner 490 contrary to the health, safety, or welfare of the public, and 491 shall include such person on the disqualification list 492 maintained by the department pursuant to s. 1001.10(4)(b). 493 (d)(c)1. In making such a determination, may consider 494 factors that include, but are not limited to, acts or omissions 495 by an owner or operator which led to a previous denial, 496 suspension, or revocation of participation in a state or federal 497 education scholarship program; an owner’s or operator’s failure 498 to reimburse the department or scholarship-funding organization 499 for scholarship funds improperly received or retained by a 500 school; the imposition of a prior criminal sanction related to 501 an owner’s or operator’s management or operation of an 502 educational institution; the imposition of a civil fine or 503 administrative fine, license revocation or suspension, or 504 program eligibility suspension, termination, or revocation 505 related to an owner’s or operator’s management or operation of 506 an educational institution; or other types of criminal 507 proceedings in which an owner or operator was found guilty of, 508 regardless of adjudication, or entered a plea of nolo contendere 509 or guilty to, any offense involving fraud, deceit, dishonesty, 510 or moral turpitude. 511 2. The commissioner’s determination is subject to the 512 following: 513 a. If the commissioner intends to deny, suspend, or revoke 514 a private school’s participation in the scholarship program, the 515 department shall notify the private school of such proposed 516 action in writing by certified mail and regular mail to the 517 private school’s address of record with the department. The 518 notification shall include the reasons for the proposed action 519 and notice of the timelines and procedures set forth in this 520 paragraph. 521 b. The private school that is adversely affected by the 522 proposed action shall have 15 days after receipt of the notice 523 of proposed action to file with the department’s agency clerk a 524 request for a proceeding pursuant to ss. 120.569 and 120.57. If 525 the private school is entitled to a hearing under s. 120.57(1), 526 the department shall forward the request to the Division of 527 Administrative Hearings. 528 c. Upon receipt of a request referred pursuant to this 529 subparagraph, the director of the Division of Administrative 530 Hearings shall expedite the hearing and assign an administrative 531 law judge who shall commence a hearing within 30 days after the 532 receipt of the formal written request by the division and enter 533 a recommended order within 30 days after the hearing or within 534 30 days after receipt of the hearing transcript, whichever is 535 later. Each party shall be allowed 10 days in which to submit 536 written exceptions to the recommended order. A final order shall 537 be entered by the agency within 30 days after the entry of a 538 recommended order. The provisions of this sub-subparagraph may 539 be waived upon stipulation by all parties. 540 (e)(d)May immediately suspend payment of scholarship funds 541 if it is determined that there is probable cause to believe that 542 there is: 543 1. An imminent threat to the health, safety, or welfare of 544 the students; 545 2. A previous pattern of failure to comply with this 546 section; or 547 3. Fraudulent activity on the part of the private school. 548 Notwithstanding s. 1002.22, in incidents of alleged fraudulent 549 activity pursuant to this section, the department’s Office of 550 Inspector General is authorized to release personally 551 identifiable records or reports of students to the following 552 persons or organizations: 553 a. A court of competent jurisdiction in compliance with an 554 order of that court or the attorney of record in accordance with 555 a lawfully issued subpoena, consistent with the Family 556 Educational Rights and Privacy Act, 20 U.S.C. s. 1232g. 557 b. A person or entity authorized by a court of competent 558 jurisdiction in compliance with an order of that court or the 559 attorney of record pursuant to a lawfully issued subpoena, 560 consistent with the Family Educational Rights and Privacy Act, 561 20 U.S.C. s. 1232g. 562 c. Any person, entity, or authority issuing a subpoena for 563 law enforcement purposes when the court or other issuing agency 564 has ordered that the existence or the contents of the subpoena 565 or the information furnished in response to the subpoena not be 566 disclosed, consistent with the Family Educational Rights and 567 Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31. 568 569 The commissioner’s order suspending payment pursuant to this 570 paragraph may be appealed pursuant to the same procedures and 571 timelines as the notice of proposed action set forth in 572 subparagraph (d)2.subparagraph(c)2.573 Section 5. Paragraph (a) of subsection (2) of section 574 1002.45, Florida Statutes, is amended to read: 575 1002.45 Virtual instruction programs.— 576 (2) PROVIDER QUALIFICATIONS.— 577 (a) The department shall annually publish online a list of 578 providers approved to offer virtual instruction programs. To be 579 approved by the department, a provider must document that it: 580 1. Is nonsectarian in its programs, admission policies, 581 employment practices, and operations; 582 2. Complies with the antidiscrimination provisions of s. 583 1000.05; 584 3. Locates an administrative office or offices in this 585 state, requires its administrative staff to be state residents, 586 requires all instructional staff to be Florida-certified 587 teachers under chapter 1012, and conducts background screenings 588 and receives arrest reports for all employees or contracted 589 personnel, as required by s. 1012.32, using state and national 590 criminal history records; 591 4. Disqualifies educational support employees, 592 instructional personnel, and administrative personnel, as 593 defined in s. 1012.01, from employment in any position that 594 requires direct contact with students, if the employees or 595 personnel are ineligible for such employment under s. 1012.315, 596 and reports the disqualified employees or personnel and the 597 disqualifying circumstances to the department for inclusion on 598 the disqualification list pursuant to s. 1001.10(4)(b). 599 5.4.Provides to parents and students specific information 600 posted and accessible online that includes, but is not limited 601 to, the following teacher-parent and teacher-student contact 602 information for each course: 603 a. How to contact the instructor via phone, e-mail, or 604 online messaging tools. 605 b. How to contact technical support via phone, e-mail, or 606 online messaging tools. 607 c. How to contact the administration office via phone, e 608 mail, or online messaging tools. 609 d. Any requirement for regular contact with the instructor 610 for the course and clear expectations for meeting the 611 requirement. 612 e. The requirement that the instructor in each course must, 613 at a minimum, conduct one contact via phone with the parent and 614 the student each month; 615 6.5.Possesses prior, successful experience offering online 616 courses to elementary, middle, or high school students as 617 demonstrated by quantified student learning gains in each 618 subject area and grade level provided for consideration as an 619 instructional program option. However, for a provider without 620 sufficient prior, successful experience offering online courses, 621 the department may conditionally approve the provider to offer 622 courses measured pursuant to subparagraph (8)(a)2. Conditional 623 approval shall be valid for 1 school year only and, based on the 624 provider’s experience in offering the courses, the department 625 shall determine whether to grant approval to offer a virtual 626 instruction program; 627 7.6.Is accredited by a regional accrediting association as 628 defined by State Board of Education rule; 629 8.7.Ensures instructional and curricular quality through a 630 detailed curriculum and student performance accountability plan 631 that addresses every subject and grade level it intends to 632 provide through contract with the school district, including: 633 a. Courses and programs that meet the standards of the 634 International Association for K-12 Online Learning and the 635 Southern Regional Education Board. 636 b. Instructional content and services that align with, and 637 measure student attainment of, student proficiency in the Next 638 Generation Sunshine State Standards. 639 c. Mechanisms that determine and ensure that a student has 640 satisfied requirements for grade level promotion and high school 641 graduation with a standard diploma, as appropriate; 642 9.8.Publishes for the general public, in accordance with 643 disclosure requirements adopted in rule by the State Board of 644 Education, as part of its application as a provider and in all 645 contracts negotiated pursuant to this section: 646 a. Information and data about the curriculum of each full 647 time and part-time program. 648 b. School policies and procedures. 649 c. Certification status and physical location of all 650 administrative and instructional personnel. 651 d. Hours and times of availability of instructional 652 personnel. 653 e. Student-teacher ratios. 654 f. Student completion and promotion rates. 655 g. Student, educator, and school performance accountability 656 outcomes; 657 10.9.If the provider is a Florida College System 658 institution, employs instructors who meet the certification 659 requirements for instructional staff under chapter 1012; and 660 11.10.Performs an annual financial audit of its accounts 661 and records conducted by an independent certified public 662 accountant which is in accordance with rules adopted by the 663 Auditor General, is conducted in compliance with generally 664 accepted auditing standards, and includes a report on financial 665 statements presented in accordance with generally accepted 666 accounting principles. 667 12. Complies with s. 1012.796, relating to complaints 668 against educational support employees, teachers, and 669 administrators and designates at least one administrator to be 670 responsible for the duties and requirements assigned to a 671 district school board and superintendent pursuant to that 672 section. A virtual instruction provider must inform the district 673 school board of a complaint regarding misconduct or an arrest of 674 instructional or noninstructional personnel. 675 Section 6. Subsection (2) of section 1006.061, Florida 676 Statutes, is amended to read: 677 1006.061 Child abuse, abandonment, and neglect policy.—Each 678 district school board, charter school, and private school that 679 accepts scholarship students who participate in a state 680 scholarship program under chapter 1002 shall: 681 (2) Post in a prominent place at each school site and on 682 each school’s Internet website, if available, the policies and 683 procedures for reporting alleged misconduct by educational 684 support employees, instructional personnel, or school 685 administrators which affects the health, safety, or welfare of a 686 student; the contact person to whom the report is made; and the 687 penalties imposed on educational support employees, 688 instructional personnel, or school administrators who fail to 689 report suspected or actual child abuse or alleged misconduct by 690 other educational support employees, instructional personnel, or 691 school administrators. 692 693 The Department of Education shall develop, and publish on the 694 department’s Internet website, sample notices suitable for 695 posting in accordance with subsections (1), (2), and (4). 696 Section 7. Paragraph (a) of subsection (3) of section 697 1012.31, Florida Statutes, is amended to read: 698 1012.31 Personnel files.—Public school system employee 699 personnel files shall be maintained according to the following 700 provisions: 701 (3)(a) Public school system employee personnel files are 702 subject to the provisions of s. 119.07(1), except as follows: 703 1. Any complaint and any material relating to the 704 investigation of a complaint against an employee shall be 705 confidential and exempt from the provisions of s. 119.07(1) 706 until the conclusion of the preliminary investigation or until 707 such time as the preliminary investigation ceases to be active. 708 If the preliminary investigation is concluded with the finding 709 that there is no probable cause to proceed further and with no 710 disciplinary action taken or charges filed, a statement to that 711 effect signed by the responsible investigating official shall be 712 attached to the complaint, and the complaint and all such 713 materials shall be open thereafter to inspection pursuant to s. 714 119.07(1). If the preliminary investigation is concluded with 715 the finding that there is probable cause to proceed further or 716 with disciplinary action taken or charges filed, the complaint 717 and all such materials shall be open thereafter to inspection 718 pursuant to s. 119.07(1). If the preliminary investigation 719 ceases to be active, the complaint and all such materials shall 720 be open thereafter to inspection pursuant to s. 119.07(1). For 721 the purpose of this subsection, a preliminary investigation 722 shall be considered active as long as it is continuing with a 723 reasonable, good faith anticipation that an administrative 724 finding will be made in the foreseeable future. An investigation 725 shall be presumed to be inactive if no finding relating to 726 probable cause is made within 60 days after the complaint is 727 made. This subparagraph does not absolve the school district of 728 any legally required notifications, including theitsduty to 729 provide any legally sufficient complaint to the department in 730 accordance withwithin 30 days after the date on which the731subject matter of the complaint comes to the attention of the732school districtpursuant tos. 1012.796(1)(d)1. and 3., 733 regardless of the status of the complaint. 734 2. An employee evaluation prepared pursuant to s. 1012.33, 735 s. 1012.34, or s. 1012.56 or rules adopted by the State Board of 736 Education or district school board under the authority of those 737 sections shall be confidential and exempt from the provisions of 738 s. 119.07(1) until the end of the school year immediately 739 following the school year in which the evaluation was made. No 740 evaluation prepared before July 1, 1983, shall be made public 741 pursuant to this section. 742 3. No material derogatory to an employee shall be open to 743 inspection until 10 days after the employee has been notified 744 pursuant to paragraph (2)(c). 745 4. The payroll deduction records of an employee shall be 746 confidential and exempt from the provisions of s. 119.07(1). 747 5. Employee medical records, including psychiatric and 748 psychological records, shall be confidential and exempt from the 749 provisions of s. 119.07(1); however, at any hearing relative to 750 the competency or performance of an employee, the administrative 751 law judge, hearing officer, or panel shall have access to such 752 records. 753 Section 8. Section 1012.315, Florida Statutes, is amended 754 to read: 755 1012.315 Disqualification from employment.—A person is 756 ineligible for educator certification or employment in any 757 position that requires direct contact with students in a 758 district school system, charter school, or private school that 759 accepts scholarship students who participate in a state 760 scholarship program under chapter 1002 if the person is included 761 in the disqualification list maintained by the department 762 pursuant to s. 1001.10(4)(b) or has been convicted of: 763 (1) Any felony offense prohibited under any of the 764 following statutes: 765 (a) Section 393.135, relating to sexual misconduct with 766 certain developmentally disabled clients and reporting of such 767 sexual misconduct. 768 (b) Section 394.4593, relating to sexual misconduct with 769 certain mental health patients and reporting of such sexual 770 misconduct. 771 (c) Section 415.111, relating to adult abuse, neglect, or 772 exploitation of aged persons or disabled adults. 773 (d) Section 782.04, relating to murder. 774 (e) Section 782.07, relating to manslaughter, aggravated 775 manslaughter of an elderly person or disabled adult, aggravated 776 manslaughter of a child, or aggravated manslaughter of an 777 officer, a firefighter, an emergency medical technician, or a 778 paramedic. 779 (f) Section 784.021, relating to aggravated assault. 780 (g) Section 784.045, relating to aggravated battery. 781 (h) Section 784.075, relating to battery on a detention or 782 commitment facility staff member or a juvenile probation 783 officer. 784 (i) Section 787.01, relating to kidnapping. 785 (j) Section 787.02, relating to false imprisonment. 786 (k) Section 787.025, relating to luring or enticing a 787 child. 788 (l) Section 787.04(2), relating to leading, taking, 789 enticing, or removing a minor beyond the state limits, or 790 concealing the location of a minor, with criminal intent pending 791 custody proceedings. 792 (m) Section 787.04(3), relating to leading, taking, 793 enticing, or removing a minor beyond the state limits, or 794 concealing the location of a minor, with criminal intent pending 795 dependency proceedings or proceedings concerning alleged abuse 796 or neglect of a minor. 797 (n) Section 790.115(1), relating to exhibiting firearms or 798 weapons at a school-sponsored event, on school property, or 799 within 1,000 feet of a school. 800 (o) Section 790.115(2)(b), relating to possessing an 801 electric weapon or device, destructive device, or other weapon 802 at a school-sponsored event or on school property. 803 (p) Section 794.011, relating to sexual battery. 804 (q) Former s. 794.041, relating to sexual activity with or 805 solicitation of a child by a person in familial or custodial 806 authority. 807 (r) Section 794.05, relating to unlawful sexual activity 808 with certain minors. 809 (s) Section 794.08, relating to female genital mutilation. 810 (t) Chapter 796, relating to prostitution. 811 (u) Chapter 800, relating to lewdness and indecent 812 exposure. 813 (v) Section 800.101, relating to offenses against students 814 by authority figures. 815 (w) Section 806.01, relating to arson. 816 (x) Section 810.14, relating to voyeurism. 817 (y) Section 810.145, relating to video voyeurism. 818 (z) Section 812.014(6), relating to coordinating the 819 commission of theft in excess of $3,000. 820 (aa) Section 812.0145, relating to theft from persons 65 821 years of age or older. 822 (bb) Section 812.019, relating to dealing in stolen 823 property. 824 (cc) Section 812.13, relating to robbery. 825 (dd) Section 812.131, relating to robbery by sudden 826 snatching. 827 (ee) Section 812.133, relating to carjacking. 828 (ff) Section 812.135, relating to home-invasion robbery. 829 (gg) Section 817.563, relating to fraudulent sale of 830 controlled substances. 831 (hh) Section 825.102, relating to abuse, aggravated abuse, 832 or neglect of an elderly person or disabled adult. 833 (ii) Section 825.103, relating to exploitation of an 834 elderly person or disabled adult. 835 (jj) Section 825.1025, relating to lewd or lascivious 836 offenses committed upon or in the presence of an elderly person 837 or disabled person. 838 (kk) Section 826.04, relating to incest. 839 (ll) Section 827.03, relating to child abuse, aggravated 840 child abuse, or neglect of a child. 841 (mm) Section 827.04, relating to contributing to the 842 delinquency or dependency of a child. 843 (nn) Section 827.071, relating to sexual performance by a 844 child. 845 (oo) Section 843.01, relating to resisting arrest with 846 violence. 847 (pp) Chapter 847, relating to obscenity. 848 (qq) Section 874.05, relating to causing, encouraging, 849 soliciting, or recruiting another to join a criminal street 850 gang. 851 (rr) Chapter 893, relating to drug abuse prevention and 852 control, if the offense was a felony of the second degree or 853 greater severity. 854 (ss) Section 916.1075, relating to sexual misconduct with 855 certain forensic clients and reporting of such sexual 856 misconduct. 857 (tt) Section 944.47, relating to introduction, removal, or 858 possession of contraband at a correctional facility. 859 (uu) Section 985.701, relating to sexual misconduct in 860 juvenile justice programs. 861 (vv) Section 985.711, relating to introduction, removal, or 862 possession of contraband at a juvenile detention facility or 863 commitment program. 864 (2) Any misdemeanor offense prohibited under any of the 865 following statutes: 866 (a) Section 784.03, relating to battery, if the victim of 867 the offense was a minor. 868 (b) Section 787.025, relating to luring or enticing a 869 child. 870 (3) Any criminal act committed in another state or under 871 federal law which, if committed in this state, constitutes an 872 offense prohibited under any statute listed in subsection (1) or 873 subsection (2). 874 (4) Any delinquent act committed in this state or any 875 delinquent or criminal act committed in another state or under 876 federal law which, if committed in this state, qualifies an 877 individual for inclusion on the Registered Juvenile Sex Offender 878 List under s. 943.0435(1)(h)1.d. 879 Section 9. Paragraph (a) of subsection (2) and paragraph 880 (b) of subsection (3) of section 1012.32, Florida Statutes, are 881 amended to read: 882 1012.32 Qualifications of personnel.— 883 (2)(a) Instructional and noninstructional personnel who are 884 hired or contracted to fill positions that require direct 885 contact with students in any district school system, virtual 886 instruction program, or university lab school must, upon 887 employment or engagement to provide services, undergo background 888 screening as required under s. 1012.465 or s. 1012.56, whichever 889 is applicable. A district school board may not require employees 890 or contractual personnel of a virtual instruction provider 891 approved pursuant to s. 1002.45(2) to undergo additional 892 background screening. 893 894 Fingerprints shall be submitted to the Department of Law 895 Enforcement for statewide criminal and juvenile records checks 896 and to the Federal Bureau of Investigation for federal criminal 897 records checks. A person subject to this subsection who is found 898 ineligible for employment under s. 1012.315, or otherwise found 899 through background screening to have been convicted of any crime 900 involving moral turpitude as defined by rule of the State Board 901 of Education, shall not be employed, engaged to provide 902 services, or serve in any position that requires direct contact 903 with students. Probationary persons subject to this subsection 904 terminated because of their criminal record have the right to 905 appeal such decisions. The cost of the background screening may 906 be borne by the district school board, the charter school, the 907 employee, the contractor, or a person subject to this 908 subsection. A district school board shall reimburse a charter 909 school the cost of background screening if it does not notify 910 the charter school of the eligibility of a governing board 911 member or instructional or noninstructional personnel within the 912 earlier of 14 days after receipt of the background screening 913 results from the Florida Department of Law Enforcement or 30 914 days of submission of fingerprints by the governing board member 915 or instructional or noninstructional personnel. 916 (3) 917 (b) The Department of Law Enforcement shall search all 918 arrest fingerprints received under s. 943.051 against the 919 fingerprints retained in the statewide automated biometric 920 identification system under paragraph (a). Any arrest record 921 that is identified with the retained fingerprints of a person 922 subject to the background screening under this section shall be 923 reported to the employing or contracting school district, 924 virtual instruction provider approved pursuant to s. 1002.45(2), 925 or the school district with which the person is affiliated. All 926 school districts and approved virtual instruction providers are 927Each school district isrequired to participate in this search 928 process by payment of an annual fee to the Department of Law 929 Enforcement and by informing the Department of Law Enforcement 930 of any change in the affiliation, employment, or contractual 931 status or place of affiliation, employment, or contracting of 932 its instructional and noninstructional personnel whose 933 fingerprints are retained under paragraph (a). The Department of 934 Law Enforcement shall adopt a rule setting the amount of the 935 annual fee to be imposed upon each school district and approved 936 virtual instruction provider for performing these searches and 937 establishing the procedures for the retention of instructional 938 and noninstructional personnel fingerprints and the 939 dissemination of search results. The fee may be borne by the 940 district school board, the approved virtual instruction 941 provider, the contractor, or the person fingerprinted. 942 Section 10. Subsection (1) of section 1012.795, Florida 943 Statutes, is amended to read: 944 1012.795 Education Practices Commission; authority to 945 discipline.— 946 (1) The Education Practices Commission may suspend the 947 educator certificate of any instructional personnel or school 948 administrator, as defined in s. 1012.01(2) or (3), for up to 5 949 years, thereby denying that person the right to teach or 950 otherwise be employed by a district school board or public 951 school in any capacity requiring direct contact with students 952 for that period of time, after which the person may return to 953 teaching as provided in subsection (4); may revoke the educator 954 certificate of any person, thereby denying that person the right 955 to teach or otherwise be employed by a district school board or 956 public school in any capacity requiring direct contact with 957 students for up to 10 years, with reinstatement subject to 958 subsection (4); may permanently revoke the educator certificate 959 of any person thereby denying that person the right to teach or 960 otherwise be employed by a district school board or public 961 school in any capacity requiring direct contact with students; 962 may suspend a person’s educator certificate, upon an order of 963 the court or notice by the Department of Revenue relating to the 964 payment of child support; may direct the department to place 965 employees or contractual personnel of any public school, charter 966 school, charter school governing board, or private school that 967 participates in a state scholarship program under chapter 1002 968 on the disqualification list maintained by the department 969 pursuant to s. 1001.10(4)(b) for misconduct that would render 970 the person ineligible pursuant to s. 1012.315; or may impose any 971 other penalty provided by law, if the person: 972 (a) Obtained or attempted to obtain an educator certificate 973 by fraudulent means. 974 (b) Knowingly failed to report actual or suspected child 975 abuse as required in s. 1006.061 or report alleged misconduct by 976 instructional personnel or school administrators which affects 977 the health, safety, or welfare of a student as required in s. 978 1012.796. 979 (c) Has proved to be incompetent to teach or to perform 980 duties as an employee of the public school system or to teach in 981 or to operate a private school. 982 (d) Has been guilty of gross immorality or an act involving 983 moral turpitude as defined by rule of the State Board of 984 Education, including engaging in or soliciting sexual, romantic, 985 or lewd conduct with a student or minor. 986 (e) Has had an educator certificate or other professional 987 license sanctioned by this or any other state or has had the 988 authority to practice the regulated profession revoked, 989 suspended, or otherwise acted against, including a denial of 990 certification or licensure, by the licensing or certifying 991 authority of any jurisdiction, including its agencies and 992 subdivisions. The licensing or certifying authority’s acceptance 993 of a relinquishment, stipulation, consent order, or other 994 settlement offered in response to or in anticipation of the 995 filing of charges against the licensee or certificateholder 996 shall be construed as action against the license or certificate. 997 For purposes of this section, a sanction or action against a 998 professional license, a certificate, or an authority to practice 999 a regulated profession must relate to being an educator or the 1000 fitness of or ability to be an educator. 1001 (f) Has been convicted or found guilty of, has had 1002 adjudication withheld for, or has pled guilty or nolo contendere 1003 to a misdemeanor, felony, or any other criminal charge, other 1004 than a minor traffic violation. 1005 (g) Upon investigation, has been found guilty of personal 1006 conduct that seriously reduces that person’s effectiveness as an 1007 employee of the district school board. 1008 (h) Has breached a contract, as provided in s. 1012.33(2) 1009 or s. 1012.335. 1010 (i) Has been the subject of a court order or notice by the 1011 Department of Revenue pursuant to s. 409.2598 directing the 1012 Education Practices Commission to suspend the certificate as a 1013 result of noncompliance with a child support order, a subpoena, 1014 an order to show cause, or a written agreement with the 1015 Department of Revenue. 1016 (j) Has violated the Principles of Professional Conduct for 1017 the Education Profession prescribed by State Board of Education 1018 rules. 1019 (k) Has otherwise violated the provisions of law, the 1020 penalty for which is the revocation of the educator certificate. 1021 (l) Has violated any order of the Education Practices 1022 Commission. 1023 (m) Has been the subject of a court order or plea agreement 1024 in any jurisdiction which requires the certificateholder to 1025 surrender or otherwise relinquish his or her educator’s 1026 certificate. A surrender or relinquishment shall be for 1027 permanent revocation of the certificate. A person may not 1028 surrender or otherwise relinquish his or her certificate prior 1029 to a finding of probable cause by the commissioner as provided 1030 in s. 1012.796. 1031 (n) Has been disqualified from educator certification under 1032 s. 1012.315. 1033 (o) Has committed a third recruiting offense as determined 1034 by the Florida High School Athletic Association (FHSAA) pursuant 1035 to s. 1006.20(2)(b). 1036 (p) Has violated test security as provided in s. 1008.24. 1037 Section 11. Section 1012.796, Florida Statutes, is amended 1038 to read: 1039 1012.796 Complaints against educational support employees, 1040 teachers, and administrators; procedure; penalties.— 1041 (1)(a) The Department of Education shall cause to be 1042 investigated expeditiously any complaint filed before it or 1043 otherwise called to its attention which, if legally sufficient, 1044 contains grounds for the revocation or suspension of a 1045 certificate or any other appropriate penalty as set forth in 1046 subsection (7). The complaint is legally sufficient if it 1047 contains the ultimate facts thatwhichshow a violation has 1048 occurred as provided in s. 1012.795 and defined by rule of the 1049 State Board of Education. The department shall investigate or 1050 continue to investigate and take appropriate action on a 1051 complaint even though the original complainant withdraws the 1052 complaint or otherwise indicates a desire not to cause it to be 1053 investigated or prosecuted to completion. The department may 1054 investigate or continue to investigate and take action on a 1055 complaint filed against a person whose educator certificate has 1056 expired if the act or acts that are the basis for the complaint 1057 were allegedly committed while that person possessed an educator 1058 certificate and may not issue a new certificate to such person 1059 unless an investigation has been completed. 1060 (b) The department shall immediately investigate any 1061 legally sufficient complaint that involves misconduct by any 1062 certificated personnel which affects the health, safety, or 1063 welfare of a student, giving the complaint priority over other 1064 pending complaints. The department must investigate or continue 1065 to investigate and take action on such a complaint filed against 1066 a person whose educator certificate has expired if the act or 1067 acts that are the basis for the complaint were allegedly 1068 committed while that person possessed an educator certificate. 1069 (c) When an investigation is undertaken, the department 1070 shall notify the certificateholder or applicant for 1071 certification and the district school superintendent or the 1072 university laboratory school, charter school, or private school 1073 in which the certificateholder or applicant for certification is 1074 employed or was employed at the time the alleged offense 1075 occurred. In addition, the department shall inform the 1076 certificateholder or applicant for certification of the 1077 substance of any complaint thatwhichhas been filed against 1078 that certificateholder or applicant, unless the department 1079 determines that such notification would be detrimental to the 1080 investigation, in which case the department may withhold 1081 notification. 1082 (d)1. Each school district shall file in writing with the 1083 department all legally sufficient complaints within 30 days 1084 after the date on which subject matter of the complaint comes to 1085 the attention of the school district, regardless of whether the 1086 subject of the complaint is still an employee of the school 1087 district. A complaint is legally sufficient if it contains 1088 ultimate facts that show a violation has occurred as provided in 1089 s. 1012.795 and defined by rule of the State Board of Education. 1090 The school district shall include all information relating to 1091 the complaint which is known to the school district at the time 1092 of filing. 1093 2. A school district shall immediately notify the 1094 department if the subject of a legally sufficient complaint of 1095 misconduct affecting the health, safety, or welfare of a student 1096 resigns or is terminated before the conclusion of the school 1097 district’s investigation. Upon receipt of the notification, the 1098 department shall place an alert on the person’s certification 1099 file indicating that he or she resigned or was terminated before 1100 an investigation involving allegations of misconduct affecting 1101 the health, safety, or welfare of a student was concluded. In 1102 such circumstances, the database may not include specific 1103 information relating to the alleged misconduct until permitted 1104 by subsection (4). This subparagraph does not limit or restrict 1105 the duty of the district school board to investigate the 1106 complaint and misconduct and report the findings and conclusion 1107 to the department. 1108 3. Each district school board or superintendent, charter 1109 school governing board, approved virtual instruction provider, 1110 and private school that participates in a state scholarship 1111 program under chapter 1002 shall immediately report to the 1112 Department of Education an arrest or conviction of educational 1113 support employees, administrative or instructional personnel, or 1114 school officials for an offense that reflects a risk of harm to 1115 the health, safety, or welfare of a student or would render the 1116 person ineligible pursuant to s. 1012.315, as determined by 1117 state board rule adopted pursuant to this section. The same 1118 reporting requirements apply to a substantiated allegation of 1119 such misconduct by educational support employees, administrative 1120 or instructional personnel, or school officials, regardless of 1121 whether the accused person has been arrested or convicted in 1122 relation to the misconduct. 1123 4.3.Each district school board shall develop and adopt 1124 policies and procedures to comply with this reporting 1125 requirement. School board policies and procedures must include 1126 standards for screening, hiring, and terminating educational 1127 support employees, instructional personnel, and school 1128 administrators, as defined in s. 1012.01; standards of ethical 1129 conduct for educational support employees, instructional 1130 personnel, and school administrators; the duties of educational 1131 support employees, instructional personnel, and school 1132 administrators for upholding the standards; detailed procedures 1133 for reporting alleged misconduct by educational support 1134 employees, instructional personnel, and school administrators 1135 which affects the health, safety, or welfare of a student; 1136 requirements for the reassignment of educational support 1137 employees, instructional personnel, andorschool administrators 1138 pending the outcome of a misconduct investigation; and penalties 1139 for failing to comply with s. 1001.51 or s. 1012.795. The 1140 district school board policies and procedures mustshallinclude 1141 appropriate penalties for all personnel of the district school 1142 board for nonreporting and procedures for promptly informing the 1143 district school superintendent of each legally sufficient 1144 complaint. The district school superintendent is charged with 1145 knowledge of these policies and procedures and is accountable 1146 for the training of all educational support employees, 1147 instructional personnel, and school administrators of the school 1148 district on the standards of ethical conduct, policies, and 1149 procedures. 1150 5.4.If the district school superintendent has knowledge of 1151 a legally sufficient complaint and does not report the 1152 complaint, or fails to enforce the policies and procedures of 1153 the district school board, and fails to comply with the 1154 requirements of this subsection, in addition to other actions 1155 against certificateholders authorized by law, the district 1156 school superintendent is subject to penalties as specified in s. 1157 1001.51(12). 1158 6.5.If the superintendent determines that misconduct by 1159 educational support employees, instructional personnel, or 1160 school administrators who hold an educator certificate affects 1161 the health, safety, or welfare of a student and the misconduct 1162 warrants termination, the educational support employees, 1163 instructional personnel, or school administrators may resign or 1164 be terminated, and the superintendent must report the misconduct 1165 to the department in the format prescribed by the department. 1166 The department shall place such educational support employees, 1167 instructional personnel, or school administrators on the 1168 disqualification list maintained by the department pursuant to 1169 s. 1001.10(4)(b). The department shall maintain each report of 1170 misconduct as a public record in the educational support 1171 employees’, instructional personnel’s, or school administrators’ 1172 certification files. This paragraph does not limit or restrict 1173 the power and duty of the department to investigate complaints 1174 regarding certificated personnel, regardless of the school 1175 district’s untimely filing, or failure to file, complaints and 1176 followup reports. This subparagraph does not create a duty for 1177 the department to investigate complaints regarding 1178 noncertificated personnel. 1179 (e) If allegations arise against an employee who is 1180 certified under s. 1012.56 and employed in an educator 1181 certificated position in any public school, charter school or 1182 governing board thereof, or private school that accepts 1183 scholarship students who participate in a state scholarship 1184 program under chapter 1002, the school shall file in writing 1185 with the department a legally sufficient complaint within 30 1186 days after the date on which the subject matter of the complaint 1187 came to the attention of the school, regardless of whether the 1188 subject of the allegations is still an employee of the school. A 1189 complaint is legally sufficient if it contains ultimate facts 1190 that show a violation has occurred as provided in s. 1012.795 1191 and defined by rule of the State Board of Education. The school 1192 shall include all known information relating to the complaint 1193 with the filing of the complaint. This paragraph does not limit 1194 or restrict the power and duty of the department to investigate 1195 complaints, regardless of the school’s untimely filing, or 1196 failure to file, complaints and followup reports. A school 1197 described in this paragraph shall immediately notify the 1198 department if the subject of a legally sufficient complaint of 1199 misconduct affecting the health, safety, or welfare of a student 1200 resigns or is terminated before the conclusion of the school’s 1201 investigation. Upon receipt of the notification, the department 1202 shall place an alert on the person’s certification file 1203 indicating that he or she resigned or was terminated before an 1204 investigation involving allegations of misconduct affecting the 1205 health, safety, or welfare of a student was concluded. In such 1206 circumstances, the database may not include specific information 1207 relating to the alleged misconduct until permitted by subsection 1208 (4). 1209 (f) Notwithstanding any other law, all law enforcement 1210 agencies, state attorneys, social service agencies, district 1211 school boards, and the Division of Administrative Hearings shall 1212 fully cooperate with and, upon request, shall provide unredacted 1213 documents to the Department of Education to further 1214 investigations and prosecutions conducted pursuant to this 1215 section. Any document received may not be redisclosed except as 1216 authorized by law. 1217 (2) The Commissioner of Education shall develop job 1218 specifications for investigative personnel employed by the 1219 department. Such specifications shall be substantially 1220 equivalent to or greater than those job specifications of 1221 investigative personnel employed by the Department of Business 1222 and Professional Regulation. The department may contract with 1223 the Department of Business and Professional Regulation for 1224 investigations. No person who is responsible for conducting an 1225 investigation of a teacher or administrator may prosecute the 1226 same case. The department general counsel or members of that 1227 staff may conduct prosecutions under this section. 1228 (3) The department staff shall advise the commissioner 1229 concerning the findings of the investigation and of all 1230 referrals by the Florida High School Athletic Association 1231 (FHSAA) pursuant to ss. 1006.20(2)(b) and 1012.795. The 1232 department general counsel or members of that staff shall review 1233 the investigation or the referral and advise the commissioner 1234 concerning probable cause or lack thereof. The determination of 1235 probable cause shall be made by the commissioner. The 1236 commissioner shall provide an opportunity for a conference, if 1237 requested, prior to determining probable cause. The commissioner 1238 may enter into deferred prosecution agreements in lieu of 1239 finding probable cause if, in his or her judgment, such 1240 agreements are in the best interests of the department, the 1241 certificateholder, and the public. Such deferred prosecution 1242 agreements shall become effective when filed with the clerk of 1243 the Education Practices Commission. However, a deferred 1244 prosecution agreement may not be entered into if there is 1245 probable cause to believe that a felony or an act of moral 1246 turpitude, as defined by rule of the State Board of Education, 1247 has occurred, or for referrals by the FHSAA. Upon finding no 1248 probable cause, the commissioner shall dismiss the complaint and 1249 may issue a letter of guidance to the certificateholder. 1250 (4) The complaint and all information obtained pursuant to 1251 the investigation by the department shall be confidential and 1252 exempt from the provisions of s. 119.07(1) until the conclusion 1253 of the preliminary investigation of the complaint, until such 1254 time as the preliminary investigation ceases to be active, or 1255 until such time as otherwise provided by s. 1012.798(6). 1256 However, the complaint and all material assembled during the 1257 investigation may be inspected and copied by the 1258 certificateholder under investigation, or the 1259 certificateholder’s designee, after the investigation is 1260 concluded, but prior to the determination of probable cause by 1261 the commissioner. If the preliminary investigation is concluded 1262 with the finding that there is no probable cause to proceed, the 1263 complaint and information shall be open thereafter to inspection 1264 pursuant to s. 119.07(1). If the preliminary investigation is 1265 concluded with the finding that there is probable cause to 1266 proceed and a complaint is filed pursuant to subsection (6), the 1267 complaint and information shall be open thereafter to inspection 1268 pursuant to s. 119.07(1). If the preliminary investigation 1269 ceases to be active, the complaint and all such material shall 1270 be open thereafter to inspection pursuant to s. 119.07(1), 1271 except as otherwise provided pursuant to s. 1012.798(6). For the 1272 purpose of this subsection, a preliminary investigation shall be 1273 considered active as long as it is continuing with a reasonable, 1274 good faith anticipation that an administrative finding will be 1275 made in the foreseeable future. 1276 (5) When an allegation of misconduct by educational support 1277 employees, instructional personnel, or school administrators, as 1278 defined in s. 1012.01, is received, if the alleged misconduct 1279 affects the health, safety, or welfare of a student, the 1280 district school superintendent in consultation with the school 1281 principal, or upon the request of the Commissioner of Education, 1282 must immediately suspend the educational support employees, 1283 instructional personnel, or school administrators from regularly 1284 assigned duties, with pay, and reassign the suspended employees, 1285 personnel, or administrators to positions that do not require 1286 direct contact with students in the district school system. Such 1287 suspension shall continue until the completion of the 1288 proceedings and the determination of sanctions, if any, pursuant 1289 to this section and s. 1012.795. 1290 (6) Upon the finding of probable cause, the commissioner 1291 shall file a formal complaint and prosecute the complaint 1292 pursuant to the provisions of chapter 120. An administrative law 1293 judge shall be assigned by the Division of Administrative 1294 Hearings of the Department of Management Services to hear the 1295 complaint if there are disputed issues of material fact. The 1296 administrative law judge shall make recommendations in 1297 accordance with the provisions of subsection (7) to the 1298 appropriate Education Practices Commission panel which shall 1299 conduct a formal review of such recommendations and other 1300 pertinent information and issue a final order. The commission 1301 shall consult with its legal counsel prior to issuance of a 1302 final order. 1303 (7) A panel of the commission shall enter a final order 1304 either dismissing the complaint or imposing one or more of the 1305 following penalties: 1306 (a) Denial of an application for a certificate or for an 1307 administrative or supervisory endorsement on a teaching 1308 certificate. The denial may provide that the applicant may not 1309 reapply for certification, and that the department may refuse to 1310 consider that applicant’s application, for a specified period of 1311 time or permanently. 1312 (b) Revocation or suspension of a certificate. 1313 (c) Imposition of an administrative fine not to exceed 1314 $2,000 for each count or separate offense. 1315 (d) Placement of the teacher, administrator, or supervisor 1316 on probation for a period of time and subject to such conditions 1317 as the commission may specify, including requiring the certified 1318 teacher, administrator, or supervisor to complete additional 1319 appropriate college courses or work with another certified 1320 educator, with the administrative costs of monitoring the 1321 probation assessed to the educator placed on probation. An 1322 educator who has been placed on probation shall, at a minimum: 1323 1. Immediately notify the investigative office in the 1324 Department of Education upon employment or separation from 1325 employment in any public or private position requiring a Florida 1326 educator’s certificate. 1327 2. Have his or her immediate supervisor submit annual 1328 performance reports to the investigative office in the 1329 Department of Education. 1330 3. Pay to the commission within the first 6 months of each 1331 probation year the administrative costs of monitoring probation 1332 assessed to the educator. 1333 4. Violate no law and fully comply with all district school 1334 board policies, school rules, and State Board of Education 1335 rules. 1336 5. Satisfactorily perform his or her assigned duties in a 1337 competent, professional manner. 1338 6. Bear all costs of complying with the terms of a final 1339 order entered by the commission. 1340 (e) Restriction of the authorized scope of practice of the 1341 teacher, administrator, or supervisor. 1342 (f) Reprimand of the teacher, administrator, or supervisor 1343 in writing, with a copy to be placed in the certification file 1344 of such person. 1345 (g) Imposition of an administrative sanction, upon a person 1346 whose teaching certificate has expired, for an act or acts 1347 committed while that person possessed a teaching certificate or 1348 an expired certificate subject to late renewal, which sanction 1349 bars that person from applying for a new certificate for a 1350 period of 10 years or less, or permanently. 1351 (h) Refer the teacher, administrator, or supervisor to the 1352 recovery network program provided in s. 1012.798 under such 1353 terms and conditions as the commission may specify. 1354 (i) Direct the department to place educational support 1355 employees, instructional personnel, or school administrators on 1356 the disqualification list maintained by the department pursuant 1357 to s. 1001.10(4)(b) for conduct that would render the person 1358 ineligible pursuant to s. 1012.315. 1359 1360 The penalties imposed under this subsection are in addition to, 1361 and not in lieu of, the penalties required for a third 1362 recruiting offense pursuant to s. 1006.20(2)(b). 1363 (8) Violations of the provisions of a final order shall 1364 result in an order to show cause issued by the clerk of the 1365 Education Practices Commission if requested by the Department of 1366 Education. Upon failure of the educator, at the time and place 1367 stated in the order, to show cause satisfactorily to the 1368 Education Practices Commission why a penalty for violating the 1369 provisions of a final order should not be imposed, the Education 1370 Practices Commission shall impose whatever penalty is 1371 appropriate as established in s. 1012.795(6). The Department of 1372 Education shall prosecute the individual ordered to show cause 1373 before the Education Practices Commission. The Department of 1374 Education and the individual may enter into a settlement 1375 agreement, which shall be presented to the Education Practices 1376 Commission for consideration. Any probation period will be 1377 tolled when an order to show cause has been issued until the 1378 issue is resolved by the Education Practices Commission; 1379 however, the other terms and conditions of the final order shall 1380 be in full force and effect until changed by the Education 1381 Practices Commission. 1382 (9) All moneys collected by, or awarded to, the commission 1383 as fees, fines, penalties, or costs shall be deposited into the 1384 Educational Certification and Service Trust Fund pursuant to s. 1385 1012.59. 1386 (10) Persons included on the disqualification list 1387 maintained by the department pursuant to s. 1001.10(4)(b) may 1388 not serve or apply to serve as employees or contractual 1389 personnel at any public school or private school participating 1390 in a state scholarship program under chapter 1002. A person who 1391 knowingly violates this subsection, or an employer who knowingly 1392 hires a person in violation of this subsection, commits a felony 1393 of the third degree, punishable as provided in s. 775.082 or s. 1394 775.083. 1395 Section 12. Section 1012.797, Florida Statutes, is amended 1396 to read: 1397 1012.797 Notification by law enforcementof district school1398superintendentof certain charges against or convictions of 1399 employees.— 1400 (1) Notwithstandingthe provisions ofs. 985.04(7) or any 1401 otherprovision oflaw to the contrary, a law enforcement agency 1402 shall, within 48 hours, notify the appropriate district school 1403 superintendent, charter school governing board, or private 1404 school owner or administrator, as applicable, of the name and 1405 address of any employee or contractor of the school district, 1406 charter school, or private school, as applicable, who is charged 1407 with a felony or with a misdemeanor involving the abuse of a 1408 minor child or the sale or possession of a controlled substance. 1409 The notification shall include the specific charge for which the 1410 employee or contractorof the school districtwas arrested. Such 1411 notification shall include other education providers such as the 1412 Florida School for the Deaf and the Blind, university lab 1413 schools, and private elementary and secondary schools. 1414 (2) Except to the extent necessary to protect the health, 1415 safety, and welfare of other students, the information obtained 1416 by the district school superintendent pursuant to this section 1417 may be released only to appropriate school personnel or as 1418 otherwise provided by law. 1419 Section 13. This act shall take effect July 1, 2020.