SB 1864 — Educator Conduct

1012.32, F.S.;

expanding requirements for screening of certain personnel of a virtual instruction program;

prohibiting district school boards from requiring additional background screening of certain employees and personnel;

amending s.

expandingrevising theacts authoritythat ofwarrant thea Educationdisciplinary Practicesaction Commissionby tothe disciplineEducation certainPractices employeesCommission; and personnel;

requiringprohibiting the department tofrom complete an investigation before issuing a new educator certificate to certain persons;

clarifyingrequiring the dutycommissioner to make a determination of probable cause within a districtspecified schooltimeframe boardfor complaints relating to performsexual certainmisconduct investigations;with a student;

requiringproviding certainfor entitiessuch timeframe to reportbe certainheld arrestsin andabeyance allegationsunder of misconduct of certain employees,circumstances; personnel, and administrators to the department;

requiringproviding districtconstruction; school boards to adopt certain policies and procedures regarding educational support employees;

requiring schoolcertain superintendentsindividuals to reportbe certainplaced misconducton ofa educationaldisqualification supportlist; employees to the department;

requiring the departmentcommissioner to includeremove certain employees,suspended personnel,personnel andor administrators onfrom thecertain disqualificationpositions list;under specified circumstances;

requiring thea departmentdistrict school superintendent to maintainimmediately suspend certain reportsindividuals and take specified action as a results of alleged misconduct;

clarifyingprohibiting thecertain department’sindividuals dutyfrom serving or applying to investigateserve certificatedin personnel;specified positions at public schools and specified private schools;

requiringproviding a districttimeframe school superintendent to suspend and reassign educational support employees for aspecified certaininvestigations; allegation of misconduct;

expandingproviding penaltiestimeframe thatfor mayadministrative besuspension; imposed by the commission;

authorizing the commission to direct the department to include a certain person on the disqualification list for certain conduct;

prohibiting persons on the disqualification list from serving or applying to serve as employees or contract personnel at certain institutions;

expandingrevising theprovisions listrelating ofto entitiesnotification thatby law enforcement agencies must notify of certain charges;charges against employees;

requiringexpanding lawthe enforcemententities agencieswho toreceive notifysuch certainnotifications; institutions of certain charges against employees or contractors;

requiring a school principal or designee to notify certain parents of such notifications within a specified timeframe;

providing minimum requirements for parental notifications;

11586 Be It Enacted by the Legislature of the State of Florida:

11788 Section 1. Subsections (4) and (5) of section 1001.10, Florida Statutes, are amended to read:

general powers and duties.— (4)(a) The(4) The Department of Education shallshall: provide technical assistance to school districts, charter schools, the Florida School for the Deaf and the Blind, and private schools that accept scholarship students who participate in a state scholarship program under chapter 1002 in the development of policies, procedures, and training related to employment practices and standards of ethical conduct for instructional personnel and school administrators, as defined in s.

(a) Provide technical assistance to school districts, charter schools, the Florida School for the Deaf and the Blind, and private schools that accept scholarship students who participate in a state scholarship program under chapter 1002 in the development of policies, procedures, and training related to employment practices and standards of ethical conduct for instructional personnel and school administrators, as defined in s.

(b) The(b) Maintain department shall maintain a disqualification list,list whichthat mustincludes includeall of the followingfollowing: information:

1. The identity of anyeach person who has been permanently denied an educator certificate or whose educator certificate has been permanently revoked and the person has been placed on the list as directed by the Education Practices Commission pursuant to s.

1012.796(7);1012.796(7).

2. The identity of anyeach person who has been permanently disqualified by the commissioner tofrom beowning an owner or operatoroperating of a private school participatingthat participates in state scholarship programs pursuantunder to s.

1002.4211002.421. for a reason that reflects any risk of harm to the health, safety, or welfare of a student;

3. The identity of anyeach person who has been terminated, or has resigned in lieu of termination, from employment with a district school board as a result of sexual misconduct thatwith affects the health, safety, or welfare of a student;student.

and 4. The identity of anyeach person who hasis beenineligible disqualifiedfor fromeducator certification or employment pursuant to s.

1. A completed law enforcement investigation resulted in an exoneration or no conviction or finding of guilt,guilt and a completed investigation and proceeding, as applicable, by the responsible education agency resulted in noa finding that the person committeddid not commit disqualifying conduct;

or 2. The person was not the subject of the report of disqualifying conduct and was included on the disqualification list in error or as a result of mistaken identity.identity;

(d) Theor State3. The Boardemployer ofthat Educationsubmitted shallthe adoptperson rulesfor toinclusion implementon the disqualification list.list requests that the person be removed and submits documentation to support the request.

(d) The State Board of Education shall adopt rules to implement this subsection.

(a) The Professional Practices’ Database of Disciplinary Actions Against Educators;Educators.;

and (b) The department’s Department of Education’s Teacher Certification Database;Database.

and (c) The Departmentdepartment’s of Education’s disqualification list maintainedunder pursuant to paragraph (4)(b).

173146 This subsection does not require the department to provide these staff with unlimited access to the databases.

However, the department shall provide the staff with access to the data necessary for performing employment history checks of the educationalpersons support employees, instructional personnel,personnel and school administrators included in the databases.

Section 2. Subsections (6) and (7) of section 1001.42, Florida Statutes, are amended,amended and paragraph (c) is added to subsection (5) of that section, to read:

(5) PERSONNEL.—(6) STANDARDS (c) ImmediatelyOF investigateETHICAL anyCONDUCT legallyFOR sufficientINSTRUCTIONAL complaintPERSONNEL, thatADMINISTRATIVE involvesPERSONNEL, misconductAND bySCHOOL anOFFICERS.—Adopt educationalpolicies supportestablishing employee,standards instructionalof personnel,ethical orconduct administrativefor personneleducational whichsupport affectsemployees, theinstructional health,personnel, safety,administrative orpersonnel, welfare of a student and wouldschool resultofficers. in termination.

An investigation that results in termination, or the accused person’s resignation in lieu of termination, must be reported to the department, and the department shall place the person on the disqualification list maintained pursuant to s.

1001.10(4)(b).

(6) STANDARDS OF ETHICAL CONDUCT FOR EDUCATIONAL SUPPORT EMPLOYEES, INSTRUCTIONAL PERSONNEL, ADMINISTRATIVE PERSONNEL, AND SCHOOL OFFICERS.—Adopt policies establishing standards of ethical conduct for educational support employees, instructional personnel, administrative personnel, and school officers.

(7) DISQUALIFICATION(7) PROHIBITION DISQUALIFICATION FROM EMPLOYMENT.—DisqualifyEMPLOYMENT.—Prohibit educational support employees, Disqualify instructional personnel, and administrative personnel, as defined in s.

1012.315,1012.315 and,or ifhave thebeen disqualifyingterminated conduct occurs subsequent to employment, report the disqualified employees or personnelresigned andin thelieu disqualifyingof circumstancestermination to the department for inclusionsexual onmisconduct thewith disqualificationa liststudent. maintained by the department pursuant to s.

If the prohibited conduct occurs while employed, the district school board must report the employees or personnel and the disqualifying circumstances to the department for inclusion on the disqualification list maintained by the department pursuant s.

1012.315 to the law enforcement agencies with jurisdiction over the conductconduct; and the department as required by s.

or 3. The investigation of all reports of alleged misconduct by educational support employees, instructional personnel, and administrative personnel, if the misconduct affects the health, safety, or welfare of a student, regardless of whether the person resigned or was terminated before the conclusion of the investigation.

The policies must require the district school superintendent to notify the department of the result of the investigation and whether the misconduct warranted termination, regardless of whether the person resigned or was terminated before the conclusion of the investigation.

Section 3. Subsection (12) of section 1001.51, Florida Statutes, is amended to read:

1001.51 Duties and responsibilities of district school superintendent.—The district school superintendent shall exercise all powers and perform all duties listed below and elsewhere in the law, provided that, in so doing, he or she shall advise and counsel with the district school board.

The district school superintendent shall perform all tasks necessary to make sound recommendations, nominations, proposals, and reports required by law to be acted upon by the district school board.

All such recommendations, nominations, proposals, and reports by the district school superintendent shall be either recorded in the minutes or shall be made in writing, noted in the minutes, and filed in the public records of the district school board.

It shall be presumed that, in the absence of the record required in this section, the recommendations, nominations, and proposals required of the district school superintendent were not contrary to the action taken by the district school board in such matters.

(12) RECORDS AND REPORTS.—Recommend such records as should be kept in addition to those prescribed by rules of the State Board of Education;

prepare forms for keeping such records as are approved by the district school board;

ensure that such records are properly kept;

and make all reports that are needed or required, as follows:

(a) Forms, blanks, and reports.—Require that all employees accurately keep all records and promptly make in proper form all reports required by the education code or by rules of the State Board of Education;

recommend the keeping of such additional records and the making of such additional reports as may be deemed necessary to provide data essential for the operation of the school system;

and prepare such forms and blanks as may be required and ensure that these records and reports are properly prepared.

(b) Reports to the department.—Prepare, for the approval of the district school board, all reports required by law or rules of the State Board of Education to be made to the department and transmit promptly all such reports, when approved, to the department, as required by law.

If any reports are not transmitted at the time and in the manner prescribed by law or by State Board of Education rules, the salary of the district school superintendent must be withheld until the report has been properly submitted.

Unless otherwise provided by rules of the State Board of Education, the annual report on attendance and personnel is due on or before July 1, and the annual school budget and the report on finance are due on the date prescribed by the commissioner.

286 Any district school superintendent who knowingly signs and transmits to any state official a report that the superintendent knows to be false or incorrect;

who knowingly fails to complete the investigation of investigate any allegation of misconduct that by instructional personnel or school administrators, as defined in s.

1012.01, which affects the health, safety, or welfare of a student, that would be a violation of s.

800.101, or that would be a disqualifying offense under s.

1012.315, or any allegation of sexual misconduct with a student;

who knowingly fails to report the alleged misconduct to the department as required in s.

or 3. Thewho completeknowingly investigationfails ofto allreport reports of alleged misconduct byto educational support employees, instructional personnel, and administrative personnel, if the misconductlaw affectsenforcement theagencies health,with safety,jurisdiction orover welfare of a student, regardless of whether the educationalconduct supportpursuant employees,to instructionaldistrict personnel,school orboard administrativepolicy personnelunder resigns. or are terminated before the conclusion of the investigation.

The1001.42(6), policyforfeits musthis requireor theher superintendentsalary tofor notify1 theyear departmentfollowing of the resultdate of thesuch investigationact and whether the misconduct warranted termination, regardless of whether the person resigned or wasfailure terminatedto beforeact. the conclusion of the investigation.

Section 3. Paragraph4. Paragraph (g) of subsection (12) and paragraphs (b) and (c) of subsection (16) of section 1002.33, Florida Statutes, areis amended to read:

AAn personindividual may not be employed byas an employee or contract personnel of a charter school or serve as a member of a charter school governing board if the personindividual is ineligibleon the disqualification list maintained by the department pursuant to s.

1012.315 or is included on the disqualification list maintained by the department pursuant to s.

2. A charter school shall disqualifyprohibit educational support employees, disqualify instructional personnel, and school administrators, as defined in s.

1012.315,1012.315 and,or ifhave thebeen disqualifyingterminated conductor occursresigned subsequentin tolieu employment,of reporttermination the person and the disqualifying circumstances to the department for inclusionsexual onmisconduct thewith disqualificationa liststudent. maintained pursuant to s.

If the prohibited conduct occurs while employed, a charter school must report the individual and the disqualifying circumstances to the department for inclusion on the disqualification list maintained pursuant to s.

establish the duty of educational support employees, instructional personnel, and school administrators to report, and procedures for reporting, alleged misconduct that by other educational support employees, instructional personnel,personnel and school administrators which affects the health, safety, or welfare of a student;

A charter school, or any of its employees, may not enter into a confidentiality agreement regarding terminated or dismissed educational support employees, instructional personnel, or school administrators, or personnelemployees, personnel, or administrators who resign in lieu of termination, based in whole or in part on misconduct that affects the health, safety, or welfare of a student, and may not provide educational support employees, instructional personnel, or school administrators with employment references or discuss the employees’, personnel’s, or administrators’ performance with prospective employers in another educational setting, without disclosing the employees’, personnel’spersonnel’s, or administrators’ misconduct.

4. Before employing aan personindividual instructional personnel or school administrators in any position that requires direct contact with students, a charter school shall conduct employment history checks of each individual of the person’s personnel’s or administrators’ previous employers, screen the person instructional personnel or school administrators through use of the educator screening tools described in s.

(16) EXEMPTIONSection FROM5. Paragraphs STATUTES.—(n) (b) Additionally,and A(o) charterof schoolsubsection also(1) shalland besubsection in(3) complianceof withsection the1002.421, followingFlorida statutes:Statutes, are amended, and paragraph (r) is added to subsection (1) of that section, to read:

1. Section 286.011, relating to public meetings and records, public inspection, and criminal and civil penalties.

2. Chapter 119, relating to public records.

3. Section 1003.03, relating to the maximum class size, except that the calculation for compliance pursuant to s.

1003.03 shall be the average at the school level.

4. Section 1012.22(1)(c), relating to compensation and salary schedules.

5. Section 1012.33(5), relating to workforce reductions.

6. Section 1012.335, relating to contracts with instructional personnel hired on or after July 1, 2011.

7. Section 1012.34, relating to the substantive requirements for performance evaluations for instructional personnel and school administrators.

8. Section 1006.12, relating to safe-school officers.

9. Section 1006.07(7), relating to threat assessment teams.

10. Section 1006.07(9), relating to School Environmental Safety Incident Reporting.

11. Section 1006.1493, relating to the Florida Safe Schools Assessment Tool.

12. Section 1006.07(6)(c), relating to adopting an active assailant response plan.

13. Section 943.082(4)(b), relating to the mobile suspicious activity reporting tool.

14. Section 1012.584, relating to youth mental health awareness and assistance training.

15. Section 1012.796, relating to complaints against educational support employees, teachers, and administrators.

(c) For purposes of subparagraphs (b)4.-7.

and 15.:

1. The duties assigned to a district school superintendent apply to charter school administrative personnel, as defined in s.

1012.01(3)(a) and (b), and the charter school governing board shall designate at least one administrative person to be responsible for such duties.

2. The duties assigned to a district school board apply to a charter school governing board.

3. A charter school may hire instructional personnel and other employees on an at-will basis.

4. Notwithstanding any provision to the contrary, instructional personnel and other employees on contract may be suspended or dismissed any time during the term of the contract without cause.

Section 4. Paragraphs (n) and (o) of subsection (1) and subsection (3) of section 1002.421, Florida Statutes, are amended, and paragraph (r) of subsection (1) is added to that section, to read:

A private school, or any of its employees, may not enter into a confidentiality agreement regarding terminated or dismissed educational support employees, instructional personnel, or school administrators, or personnelemployees, personnel, or administrators who resign in lieu of termination, based in whole or in part on misconduct that affects the health, safety, or welfare of a student, and may not provide the employees, instructional personnel, or school administrators with employment references or discuss the employees’, personnel’s, or administrators’ performance with prospective employers in another educational setting, without disclosing the employees’, personnel’s, or administrators’ misconduct.

(o) Before employing ana individualperson instructional personnel or school administrators in any position that requires direct contact with students, conduct employment history checks of each of the personnel’s or administrators’ previous employers, screen the individualperson using the personnel or administrators through use of the educator screening tools described in s.

The private school mustmay denynot employmentemploy toa anyperson individual whose educator certificate is revoked, who is barred from reapplicationreapplying for an educator certificate, or who is identified on the disqualification list maintained by the department pursuant to s.

(r) Disqualify(r) Prohibit educationaleducation support employees, instructional personnel, and school administrators from employment in any position that requires direct contact with students if the personnel or administrators are ineligible for such employment pursuant to this section or s.

1012.315, and,or ifhave thebeen disqualifyingterminated conductor occursresigned subsequentin tolieu employment,of reporttermination the person and the disqualifying circumstances to the department for inclusionsexual onmisconduct thewith disqualificationa liststudent. maintained pursuant to s.

If the prohibited conduct occurs subsequent to employment, the private school must report the person and the disqualifying circumstances to the department for inclusion on the disqualification list maintained pursuant to s.

454434 The department shall suspend the payment of funds to a private school that knowingly fails to comply with this subsection, and shall prohibit the school from enrolling new scholarship students, for 1 fiscal year and until the school complies.

(c) May permanently deny or revoke the authority of an owner or operator to establish or operate a private school participating in an educational scholarship program pursuant to this chapterstate if the commissioner decides that the owner or operator is operating or has operated an educational institution in this state or another state or jurisdiction in a manner contrary to the health, safety, or welfare of the public, and shall include such personindividuals on the disqualification list maintained by the department pursuant to s.

572551 The commissioner’s order suspending payment pursuant to this paragraph may be appealed pursuant to the same procedures and timelines as the notice of proposed action set forth in subparagraph (d)2.(d)2 (c)2.

subparagraphSection (c)2.6. Subsection (2) and paragraph (a) of subsection (4) of section 1006.061, Florida Statutes, are amended to read:

Section 5. Paragraph (a) of subsection (2) of section 1002.45, Florida Statutes, is amended to read:

1002.45 Virtual instruction programs.— (2) PROVIDER QUALIFICATIONS.— (a) The department shall annually publish online a list of providers approved to offer virtual instruction programs.

To be approved by the department, a provider must document that it:

1. Is nonsectarian in its programs, admission policies, employment practices, and operations;

2. Complies with the antidiscrimination provisions of s.

1000.05;

3. Locates an administrative office or offices in this state, requires its administrative staff to be state residents, requires all instructional staff to be Florida-certified teachers under chapter 1012, and conducts background screenings and receives arrest reports for all employees or contracted personnel, as required by s.

1012.32, using state and national criminal history records, and designates at least one administrator to be responsible for the duties and requirements related to background screening assigned to a district school board and superintendent under ss.

1012.465 and 1012.56(10);

4. Disqualifies educational support employees, instructional personnel, and administrative personnel, as defined in s.

1012.01, from employment in any position that requires direct contact with students, if the employees or personnel are ineligible for such employment under s.

1012.315, and, if the disqualifying conduct occurs subsequent to employment, reports the disqualified employees or personnel and the disqualifying circumstances to the department for inclusion on the disqualification list maintained by the department pursuant to s.

1001.10(4)(b).

5.4. Provides to parents and students specific information posted and accessible online that includes, but is not limited to, the following teacher-parent and teacher-student contact information for each course:

a. How to contact the instructor via phone, e-mail, or online messaging tools.

b. How to contact technical support via phone, e-mail, or online messaging tools.

c. How to contact the administration office via phone, e mail, or online messaging tools.

d. Any requirement for regular contact with the instructor for the course and clear expectations for meeting the requirement.

e. The requirement that the instructor in each course must, at a minimum, conduct one contact via phone with the parent and the student each month;

6.5. Possesses prior, successful experience offering online courses to elementary, middle, or high school students as demonstrated by quantified student learning gains in each subject area and grade level provided for consideration as an instructional program option.

However, for a provider without sufficient prior, successful experience offering online courses, the department may conditionally approve the provider to offer courses measured pursuant to subparagraph (8)(a)2.

Conditional approval shall be valid for 1 school year only and, based on the provider’s experience in offering the courses, the department shall determine whether to grant approval to offer a virtual instruction program;

7.6. Is accredited by a regional accrediting association as defined by State Board of Education rule;

8.7. Ensures instructional and curricular quality through a detailed curriculum and student performance accountability plan that addresses every subject and grade level it intends to provide through contract with the school district, including:

a. Courses and programs that meet the standards of the International Association for K-12 Online Learning and the Southern Regional Education Board.

b. Instructional content and services that align with, and measure student attainment of, student proficiency in the Next Generation Sunshine State Standards.

c. Mechanisms that determine and ensure that a student has satisfied requirements for grade level promotion and high school graduation with a standard diploma, as appropriate;

9.8. Publishes for the general public, in accordance with disclosure requirements adopted in rule by the State Board of Education, as part of its application as a provider and in all contracts negotiated pursuant to this section:

a. Information and data about the curriculum of each full time and part-time program.

b. School policies and procedures.

c. Certification status and physical location of all administrative and instructional personnel.

d. Hours and times of availability of instructional personnel.

e. Student-teacher ratios.

f. Student completion and promotion rates.

g. Student, educator, and school performance accountability outcomes;

10.9. If the provider is a Florida College System institution, employs instructors who meet the certification requirements for instructional staff under chapter 1012;

and 11.10. Performs an annual financial audit of its accounts and records conducted by an independent certified public accountant which is in accordance with rules adopted by the Auditor General, is conducted in compliance with generally accepted auditing standards, and includes a report on financial statements presented in accordance with generally accepted accounting principles.

12. Complies with s.

1012.796, relating to complaints against educational support employees, teachers, and administrators and designates at least one administrator to be responsible for the duties and requirements assigned to a district school board and superintendent pursuant to that section.

A virtual instruction provider must inform the district school board of a complaint regarding misconduct or an arrest of instructional or noninstructional personnel.

Section 6. Subsection (2) of section 1006.061, Florida Statutes, is amended to read:

701(4)(a) Post Thein Departmenta ofprominent Educationplace shallin develop,a clearly visible location and publishpublic onarea of the department’sschool Internetwhich website,is samplereadily noticesaccessible suitableto forand postingwidely inused accordanceby withstudents subsectionsa (1),sign (2),in English and (4).Spanish that contains:

Section1. The 7. Paragraphstatewide (a)toll-free oftelephone subsectionnumber (3) of sectionthe 1012.31,central Floridaabuse Statutes,hotline isas amendedprovided toin read:chapter 39.;

2. Instructions to call 911 for emergencies.;

and 3. Directions for accessing the Department of Children and Families Internet website for more information on reporting abuse, neglect, and exploitation.

4. Directions for accessing the Department of Education’s website for more information on reporting acts that violate s.

800.101.

586 The Department of Education shall develop, and publish on the department’s Internet website, sample notices suitable for posting in accordance with subsections (1), (2), and (4).

Section 7. Subsection (6) of section 1012.27, Florida Statutes, is amended to read:

1012.27 Public school personnel;

powers and duties of district school superintendent.—The district school superintendent is responsible for directing the work of the personnel, subject to the requirements of this chapter, and in addition the district school superintendent shall perform the following:

(6) EMPLOYMENT HISTORY CHECKS.—Before employing a person in any position that requires direct contact with students, conduct employment history checks of each of the person’s previous employers, review each affidavit of separation from previous employers pursuant to s.

1012.31, screen instructional personnel and school administrators, as defined in s.

1012.01, through use of the educator screening tools described in s.

1001.10(5), and document the findings.

If unable to contact a previous employer, the district school superintendent shall document efforts to contact the employer.

Section 8. Paragraph (a) of subsection (2) of section 1012.31, Florida Statutes, is amended to read:

(3)(a) Public(2)(a) Materials schoolrelating systemto employeework personnelperformance, filesdiscipline, aresuspension, subjector dismissal must be reduced to writing and signed by a person competent to know the provisionsfacts ofor s.make the judgment.

119.07(1),In exceptcases asof follows:separation due to termination or resignation in lieu of termination, the person shall execute and maintain an affidavit of separation, on the form adopted by the Department of Education, setting forth in detail the facts and reasons for such separation.

1. AnyThe complaintaffidavit andmust anyexpressly materialdisclose relatingwhen toseparation theis investigationdue ofto a complaintreport againstof ansexual employeemisconduct shallwith bea confidentialstudent. and exempt from the provisions of s.

119.07(1)The untilaffidavit the conclusion of theseparation preliminarymust investigationbe orexecuted untilunder suchoath timeand asconstitutes thean preliminaryofficial investigationstatement ceaseswithin tothe bepurview active.of s.

If837.06. the preliminary investigation is concluded with the finding that there is no probable cause to proceed further and with no disciplinary action taken or charges filed, a statement to that effect signed by the responsible investigating official shall be attached to the complaint, and the complaint and all such materials shall be open thereafter to inspection pursuant to s.

119.07(1).The affidavit of separation must include conspicuous language that intentional false execution of the affidavit constitutes a misdemeanor of the second degree The resignation or termination of an employee before an investigation of alleged misconduct by the employee affecting the health, safety, or welfare of a student is concluded must be clearly indicated in the employee’s personnel file.

IfSection the9. Section preliminary1012.315, investigationFlorida isStatutes, concluded with the finding that there is probableamended cause to proceedread: further or with disciplinary action taken or charges filed, the complaint and all such materials shall be open thereafter to inspection pursuant to s.

119.07(1).1012.315 Screening standards Disqualification from employment.—A person is ineligible for educator certification or employment in any position that requires direct contact with students in a district school system, charter school, or a private school that participates accepts scholarship students who participate in a state scholarship program under chapter 1002 if the person is on the disqualification list maintained by the department pursuant to s.

If1001.10(4)(b), theis preliminaryregistered investigationas ceasesa tosex beoffender active,as thedescribed complaintin and42 allU.S.C. such materials shall be open thereafter to inspection pursuant to s.

119.07(1).s.

For9858f(c)(1)(C), theor purposehas ofbeen thisconvicted subsection,or afound preliminaryguilty investigationof, shallhas behad consideredadjudication activewithheld asfor, longor ashas itpled isguilty continuingor withnolo acontendere reasonable,to goodof: faith anticipation that an administrative finding will be made in the foreseeable future.

An investigation shall be presumed to be inactive if no finding relating to probable cause is made within 60 days after the complaint is made.

This subparagraph does not absolve the school district of the duty to issue any legally required notifications, including the its duty to provide any legally sufficient complaint to the department in accordance with within 30 days after the date on which the subject matter of the complaint comes to the attention of the school district pursuant to s.

1012.796(1)(d)1.

and 3., regardless of the status of the complaint.

2. An employee evaluation prepared pursuant to s.

1012.33, s.

1012.34, or s.

1012.56 or rules adopted by the State Board of Education or district school board under the authority of those sections shall be confidential and exempt from the provisions of s.

119.07(1) until the end of the school year immediately following the school year in which the evaluation was made.

No evaluation prepared before July 1, 1983, shall be made public pursuant to this section.

3. No material derogatory to an employee shall be open to inspection until 10 days after the employee has been notified pursuant to paragraph (2)(c).

4. The payroll deduction records of an employee shall be confidential and exempt from the provisions of s.

119.07(1).

5. Employee medical records, including psychiatric and psychological records, shall be confidential and exempt from the provisions of s.

119.07(1);

however, at any hearing relative to the competency or performance of an employee, the administrative law judge, hearing officer, or panel shall have access to such records.

Section 8. Section 1012.315, Florida Statutes, is amended to read:

1012.315 Disqualification from employment.—A person is ineligible for educator certification or employment in any position that requires direct contact with students in a district school system, charter school, or private school that accepts scholarship students who participate in a state scholarship program under chapter 1002 if the person is included in the disqualification list maintained by the department pursuant to s.

1001.10(4)(b) or has been convicted of:

Section 9. Paragraph (a) of subsection (2) and paragraph (b) of subsection (3) of section 1012.32, Florida Statutes, are amended to read:

1012.32 Qualifications of personnel.— (2)(a) Instructional and noninstructional personnel who are hired or contracted to fill positions that require direct contact with students in any district school system, virtual instruction program, or university lab school must, upon employment or engagement to provide services, undergo background screening as required under s.

1012.465 or s.

1012.56, whichever is applicable.

A district school board may not require employees or contractual personnel of a virtual instruction provider approved pursuant to s.

1002.45(2) to undergo additional background screening.

902 Fingerprints shall be submitted to the Department of Law Enforcement for statewide criminal and juvenile records checks and to the Federal Bureau of Investigation for federal criminal records checks.

A person subject to this subsection who is found ineligible for employment under s.

1012.315, or otherwise found through background screening to have been convicted of any crime involving moral turpitude as defined by rule of the State Board of Education, shall not be employed, engaged to provide services, or serve in any position that requires direct contact with students.

Probationary persons subject to this subsection terminated because of their criminal record have the right to appeal such decisions.

The cost of the background screening may be borne by the district school board, the charter school, the employee, the contractor, or a person subject to this subsection.

A district school board shall reimburse a charter school the cost of background screening if it does not notify the charter school of the eligibility of a governing board member or instructional or noninstructional personnel within the earlier of 14 days after receipt of the background screening results from the Florida Department of Law Enforcement or 30 days of submission of fingerprints by the governing board member or instructional or noninstructional personnel.

(3) (b) The Department of Law Enforcement shall search all arrest fingerprints received under s.

943.051 against the fingerprints retained in the statewide automated biometric identification system under paragraph (a).

Any arrest record that is identified with the retained fingerprints of a person subject to the background screening under this section shall be reported to the employing or contracting school district, virtual instruction provider approved pursuant to s.

1002.45(2), or the school district with which the person is affiliated.

All school districts and approved virtual instruction providers are Each school district is required to participate in this search process by payment of an annual fee to the Department of Law Enforcement and by informing the Department of Law Enforcement of any change in the affiliation, employment, or contractual status or place of affiliation, employment, or contracting of its instructional and noninstructional personnel whose fingerprints are retained under paragraph (a).

The Department of Law Enforcement shall adopt a rule setting the amount of the annual fee to be imposed upon each school district and approved virtual instruction provider for performing these searches and establishing the procedures for the retention of instructional and noninstructional personnel fingerprints and the dissemination of search results.

The fee may be borne by the district school board, the approved virtual instruction provider, the contractor, or the person fingerprinted.

may direct the department to place employeesa orcertificateholder contractualemployed personnelby ofa any public school, charter school, charter school governing board, or private school that participates in a state scholarship program under chapter 1002 on the disqualification list maintained by the department pursuant to s.

1012.315;1012.315 or sexual misconduct with a student;

Section 11. Section11. Paragraphs (a), (b), (d), and (e) of subsection (1) and subsection (5) of section 1012.796, Florida Statutes, are amended, paragraph (i) is amendedadded to subsection (7), and subsection (10) is added to that section, to read:

1012.796 Complaints against educationalteachers support employees, teachers, and administrators;

The complaint is legally sufficient if it contains the ultimate facts that which show a violation has occurred as provided in s.

The department may investigate or continue to investigate and take action on a complaint filed against a person whose educator certificate has expired if the act or acts that are the basis for the complaint were allegedly committed while that person possessed an educator certificate and may not issue a new certificate to such a person unless an investigation has been completed.

(c) WhenThe anCommissioner investigationof isEducation undertaken, the department shall notifymake thea certificateholderdetermination orof applicantprobable forcause certificationwithin and90 thedays districtafter schoolreceipt superintendentof orany thecomplaint universityinvolving laboratorysexual school,misconduct charterwith school,a orstudent. private school in which the certificateholder or applicant for certification is employed or was employed at the time the alleged offense occurred.

InUpon addition, the departmentwritten shallrequest inform the certificateholder or applicant for certification of thea substancestate ofattorney, anythis complaintdeadline thatmay whichbe hasheld beenin filedabeyance againstduring thatcriminal certificateholderproceedings orrelated applicant, unless the department determines that such notification would be detrimental to the investigation,sexual inmisconduct whichwith casea thestudent. department may withhold notification.

This subparagraph does not limit or restrict the duty of the district school board to investigate the complaint and misconduct and report the findings and conclusion to the department.

3. Each district school board orshall superintendent,develop charterand schooladopt governingpolicies board, approved virtual instruction provider, and privateprocedures school that participates in a state scholarship program under chapter 1002 shall immediately report to thecomply Departmentwith ofthis Educationreporting anrequirement. arrest or conviction of educational support employees, administrative or instructional personnel, or school officials for an offense that reflects a risk of harm to the health, safety, or welfare of a student or would render the person ineligible pursuant to s.

1012.315,School asboard determinedpolicies byand stateprocedures boardmust ruleinclude adoptedstandards pursuantfor toscreening, thishiring, section.and terminating instructional personnel and school administrators, as defined in s.

The same reporting requirements apply to a substantiated allegation of such misconduct by educational support employees, administrative or instructional personnel, or school officials, regardless of whether the accused person has been arrested or convicted in relation to the misconduct.

4.3. Each district school board shall develop and adopt policies and procedures to comply with this reporting requirement.

School board policies and procedures must include standards for screening, hiring, and terminating educational support employees, instructional personnel, and school administrators, as defined in s.

standards of ethical conduct for educational support employees, instructional personnel,personnel and school administrators;

the duties of educational support employees, instructional personnel,personnel and school administrators for upholding the standards;

detailed procedures for reporting alleged misconduct by educational support employees, instructional personnel,personnel and school administrators which affects the health, safety, or welfare of a student;

requirements for the reassignment of educational support employees, instructional personnel,personnel and or school administrators pending the outcome of a misconduct investigation;

The district school superintendent is charged with knowledge of these policies and procedures and is accountable for the training of all educational support employees, instructional personnel,personnel and school administrators of the school district on the standards of ethical conduct, policies, and procedures.

5.4. If4. If the district school superintendent has knowledge of a legally sufficient complaint and does not report the complaint, or fails to enforce the policies and procedures of the district school board, and fails to comply with the requirements of this subsection, in addition to other actions against certificateholders authorized by law, the district school superintendent is subject to penalties as specified in s.

6.5. If5. If the superintendent determines that misconduct by educational support employees, instructional personnel,personnel or school administrators who hold an educator certificate affects the health, safety, or welfare of a student and the misconduct warrants termination, the educational support employees, instructional personnel,personnel or school administrators may resign or be terminated, and the superintendent must report the misconduct to the department in the format prescribed by the department.

The department shall placemaintain sucheach educationalreport supportof employees,misconduct instructionalas personnel,a orpublic schoolrecord administratorsin on the disqualificationinstructional listpersonnel’s maintainedor byschool theadministrators’ departmentcertification pursuantfiles. to s.

1001.10(4)(b).This paragraph does not limit or restrict the power and duty of the department to investigate complaints regarding certificateholders, regardless of the school district’s untimely filing, or failure to file, complaints and followup reports.

TheThis departmentsubparagraph shalldoes maintainnot eachcreate report of misconduct as a publicduty recordfor in the educationaldepartment supportto employees’,investigate instructionalcomplaints personnel’s,regarding ornoncertificateholders. school administrators’ certification files.

This paragraph does not limit or restrict the power and duty of the department to investigate complaints regarding certificated personnel, regardless of the school district’s untimely filing, or failure to file, complaints and followup reports.

This subparagraph does not create a duty for the department to investigate complaints regarding noncertified personnel.

Upon receipt of the notification, the department shall place an alert on the person’s certification file indicating that he or she resigned or was terminated before an investigation involving allegations of misconduct affecting the health, safety, or welfare of a student was concluded.concluded and place the person on the disqualification list maintained by the department pursuant to s.

1001.10(4)(b).

(f) Notwithstanding(5) When anyan otherallegation law,of allmisconduct lawby enforcementinstructional agencies,personnel stateor attorneys, social service agencies, district school boards,administrators, andas thedefined Divisionin ofs. Administrative Hearings shall fully cooperate with and, upon request, shall provide unredacted documents to the Department of Education to further investigations and prosecutions conducted pursuant to this section.

Any1012.01, documentis receivedreceived, if the alleged misconduct affects the health, safety, or welfare of a student, the district school superintendent in consultation with the school principal, or upon the request of the Commissioner of Education, must, at a minimum, immediately suspend the instructional personnel or school administrators from regularly assigned duties, with pay, and remove reassign the suspended personnel or administrators from to positions that may do not berequire rediscloseddirect exceptcontact aswith authorizedstudents byin law.the district school system.

(2) TheSuch Commissionersuspension of Education shall developcontinue jobuntil specificationssubmission forof investigativea personnellegally employedsufficient bycomplaint. the department.

SuchThe specificationsproceedings and determination of sanctions shall be substantiallycompleted equivalentby toa orschool greaterdistrict thanwithin those1 jobyear specificationsafter submission of investigativethe personnellegally employedsufficient bycomplaint the Departmentcompletion of Businessthe proceedings and Professionalthe Regulation.determination of sanctions, if any, pursuant to this section and s.

The department may contract with the Department of Business and Professional Regulation for investigations.

No person who is responsible for conducting an investigation of a teacher or administrator may prosecute the same case.

The department general counsel or members of that staff may conduct prosecutions under this section.

(3) The department staff shall advise the commissioner concerning the findings of the investigation and of all referrals by the Florida High School Athletic Association (FHSAA) pursuant to ss.

1006.20(2)(b) and 1012.795.

The department general counsel or members of that staff shall review the investigation or the referral and advise the commissioner concerning probable cause or lack thereof.

The determination of probable cause shall be made by the commissioner.

The commissioner shall provide an opportunity for a conference, if requested, prior to determining probable cause.

The commissioner may enter into deferred prosecution agreements in lieu of finding probable cause if, in his or her judgment, such agreements are in the best interests of the department, the certificateholder, and the public.

Such deferred prosecution agreements shall become effective when filed with the clerk of the Education Practices Commission.

However, a deferred prosecution agreement may not be entered into if there is probable cause to believe that a felony or an act of moral turpitude, as defined by rule of the State Board of Education, has occurred, or for referrals by the FHSAA.

Upon finding no probable cause, the commissioner shall dismiss the complaint and may issue a letter of guidance to the certificateholder.

(4) The complaint and all information obtained pursuant to the investigation by the department shall be confidential and exempt from the provisions of s.

119.07(1) until the conclusion of the preliminary investigation of the complaint, until such time as the preliminary investigation ceases to be active, or until such time as otherwise provided by s.

1012.798(6).

However, the complaint and all material assembled during the investigation may be inspected and copied by the certificateholder under investigation, or the certificateholder’s designee, after the investigation is concluded, but prior to the determination of probable cause by the commissioner.

If the preliminary investigation is concluded with the finding that there is no probable cause to proceed, the complaint and information shall be open thereafter to inspection pursuant to s.

119.07(1).

If the preliminary investigation is concluded with the finding that there is probable cause to proceed and a complaint is filed pursuant to subsection (6), the complaint and information shall be open thereafter to inspection pursuant to s.

119.07(1).

If the preliminary investigation ceases to be active, the complaint and all such material shall be open thereafter to inspection pursuant to s.

119.07(1), except as otherwise provided pursuant to s.

1012.798(6).

For the purpose of this subsection, a preliminary investigation shall be considered active as long as it is continuing with a reasonable, good faith anticipation that an administrative finding will be made in the foreseeable future.

(5) When an allegation of misconduct by educational support employees, instructional personnel, or school administrators, as defined in s.

1012.01, is received, if the alleged misconduct affects the health, safety, or welfare of a student, the district school superintendent in consultation with the school principal, or upon the request of the Commissioner of Education, must immediately suspend the educational support employees, instructional personnel, or school administrators from regularly assigned duties, with pay, and reassign the suspended employees, personnel, or administrators to positions that do not require direct contact with students in the district school system.

Such suspension shall continue until the completion of the proceedings and the determination of sanctions, if any, pursuant to this section and s.

(6) Upon the finding of probable cause, the commissioner shall file a formal complaint and prosecute the complaint pursuant to the provisions of chapter 120.

An administrative law judge shall be assigned by the Division of Administrative Hearings of the Department of Management Services to hear the complaint if there are disputed issues of material fact.

The administrative law judge shall make recommendations in accordance with the provisions of subsection (7) to the appropriate Education Practices Commission panel which shall conduct a formal review of such recommendations and other pertinent information and issue a final order.

The commission shall consult with its legal counsel prior to issuance of a final order.

(a) Denial(i) Direct ofthe andepartment applicationto forplace ainstructional certificatepersonnel or forschool anadministrators administrativeon orthe supervisorydisqualification endorsementlist onmaintained aby teachingthe certificate.department pursuant to s.

The denial may provide that the applicant may not reapply for certification, and that the department may refuse to consider that applicant’s application, for a specified period of time or permanently.

(b) Revocation or suspension of a certificate.

(c) Imposition of an administrative fine not to exceed $2,000 for each count or separate offense.

(d) Placement of the teacher, administrator, or supervisor on probation for a period of time and subject to such conditions as the commission may specify, including requiring the certified teacher, administrator, or supervisor to complete additional appropriate college courses or work with another certified educator, with the administrative costs of monitoring the probation assessed to the educator placed on probation.

An educator who has been placed on probation shall, at a minimum:

1. Immediately notify the investigative office in the Department of Education upon employment or separation from employment in any public or private position requiring a Florida educator’s certificate.

2. Have his or her immediate supervisor submit annual performance reports to the investigative office in the Department of Education.

3. Pay to the commission within the first 6 months of each probation year the administrative costs of monitoring probation assessed to the educator.

4. Violate no law and fully comply with all district school board policies, school rules, and State Board of Education rules.

5. Satisfactorily perform his or her assigned duties in a competent, professional manner.

6. Bear all costs of complying with the terms of a final order entered by the commission.

(e) Restriction of the authorized scope of practice of the teacher, administrator, or supervisor.

(f) Reprimand of the teacher, administrator, or supervisor in writing, with a copy to be placed in the certification file of such person.

(g) Imposition of an administrative sanction, upon a person whose teaching certificate has expired, for an act or acts committed while that person possessed a teaching certificate or an expired certificate subject to late renewal, which sanction bars that person from applying for a new certificate for a period of 10 years or less, or permanently.

(h) Refer the teacher, administrator, or supervisor to the recovery network program provided in s.

1012.798 under such terms and conditions as the commission may specify.

(i) Direct the department to place educational support employees, instructional personnel, or school administrators on the disqualification list maintained by the department pursuant to s.

1012.315.1012.315 or sexual misconduct with a student.

13681026 The penalties imposed under this subsection are in addition to, and not in lieu of, the penalties required for a third recruiting offense pursuant to s.

(8) Violations(10) A ofperson theon provisions of a final order shall result in an order to show cause issued by the clerkdisqualification oflist themaintained Education Practices Commission if requested by the Departmentdepartment ofpursuant Education.to s.

Upon1001.10(4)(b) failureshall ofbe thenotified educator,that athe theor timeshe andmay placenot statedserve inor theapply order, to showserve causeas satisfactorilyan toemployee theor Educationcontracted Practicespersonnel Commissionat why a penaltypublic forschool violatingor theprivate provisionsschool ofthat aparticipates finalin ordera shouldstate notscholarship beprogram imposed,under thechapter Education1002. Practices Commission shall impose whatever penalty is appropriate as established in s.

1012.795(6).A person who knowingly violates this provision commits a felony of the third degree, punishable as provided in s.

The Department of Education shall prosecute the individual ordered to show cause before the Education Practices Commission.

The Department of Education and the individual may enter into a settlement agreement, which shall be presented to the Education Practices Commission for consideration.

Any probation period will be tolled when an order to show cause has been issued until the issue is resolved by the Education Practices Commission;

however, the other terms and conditions of the final order shall be in full force and effect until changed by the Education Practices Commission.

(9) All moneys collected by, or awarded to, the commission as fees, fines, penalties, or costs shall be deposited into the Educational Certification and Service Trust Fund pursuant to s.

1012.59.

(10) Persons included on the disqualification list maintained by the department pursuant to s.

1001.10(4)(b) may not serve or apply to serve as employees or contractual personnel at any public school or private school participating in a state scholarship program under chapter 1002.

A person who knowingly violates this subsection, or an employer who knowingly hires a person in violation of this subsection, commits a felony of the third degree, punishable as provided in s.

1012.797 Notification by law enforcement of district school superintendent of certain charges against or convictions of employees.— (1) Notwithstanding the provisions of s.

985.04(7) or any other provision of law to the contrary, a law enforcement agency shall, within 48 hours, notify the appropriate district school superintendent, charter school governing board, or private school owner or administrator, aspresident applicable, of the nameFlorida School for the Deaf and addressthe ofBlind, anyor employeeuniversity lab schools director or contractorprincipal, as applicable, when its of the schoolname district,and charteraddress school,of orany privateemployee school,of asthe applicable,school district who is arrested for charged with a felony or with a misdemeanor involving the abuse of a minor child or the sale or possession of a controlled substance.

The notification shall include the specific charge for which the employee or contractor of the school district was arrested.

Notwithstanding ss.

1012.31(3)(a)1.

and 1012.796(4), within 24 hours after such notification, the school principal or designee shall notify parents of enrolled students who had direct contact with the employee and include, at a minimum, the name and specific charges against the employee.