HB 131 — Educator Conduct

1012.01, from employment in any position that requires direct contact with students if the employees or personnel are Pageineligible 8for ofsuch 43employment CODING:under s.

1012.315 or have been terminated or resigned in lieu of termination for sexual misconduct with a student.

If the prohibited conduct occurs while employed, the district school board must report the employees or personnel and the disqualifying circumstances to Page 8 of 43 CODING:

hb0131-02-c2hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 131 2021 ineligiblethe department for suchinclusion employmenton underthe disqualification list maintained by the department pursuant s.

1012.315 or have been terminated or resigned in lieu of termination for sexual misconduct with a student.

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 Pageto 9the oflaw 43enforcement CODING:agencies with jurisdiction over the conduct;

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, Page 9 of 43 CODING:

hb0131-02-c2hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 131 2021 tosafety, or welfare of a student, regardless of whether the lawperson enforcementresigned agenciesor withwas jurisdictionterminated overbefore the conduct;conclusion of the investigation.

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.

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 Pagethe 10minutes, and filed in the public records of 43the CODING: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 Page 10 of 43 CODING:

hb0131-02-c2hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 131 2021 thedistrict minutes,school andboard filed in thesuch publicmatters. 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.

(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 Pageapproved, 11to ofthe 43department, CODING: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 Page 11 of 43 CODING:

hb0131-02-c2hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 131 2021 approved,of tothe State Board of Education, the department,annual asreport requiredon 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 law.the commissioner.

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.

PageSection 124. of 43 CODING:

Words stricken are deletions;

words underlined are additions.

hb0131-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 131 2021 Section 4.

A charter school shall employ or contract with employeesPage who12 haveof undergone43 backgroundCODING: screening as provided in s.

Words stricken are deletions;

words underlined are additions.

hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 131 2021 employees who have undergone background screening as provided in s.

The governing board of a charter school shall adopt Pagepolicies 13establishing standards of 43ethical CODING:conduct for educational support employees, instructional personnel, and school administrators.

The policies must require all educational support employees, instructional personnel, and school administrators, as defined in s.

1012.01, to complete training Page 13 of 43 CODING:

hb0131-02-c2hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 131 2021 policieson establishingthe standardsstandards; of ethical conduct for educational support employees, instructional personnel, and school administrators.

The policies must require all educational support employees, instructional personnel, and school administrators, as defined in s.

1012.01, to complete training on the standards;

Any part of an agreement or contract that has the purpose or effect of concealing misconduct by educational support employees, Pageinstructional 14personnel, or school administrators which affects the health, safety, or welfare of 43a CODING:student is void, is contrary to public policy, and may not be enforced.

4.

Before employing an individual instructional personnel or school administrators in any position that requires direct Page 14 of 43 CODING:

hb0131-02-c2hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 131 2021 instructionalcontact personnel,with orstudents, a charter school administratorsshall whichconduct affectsemployment thehistory health,checks safety,of oreach welfareindividual of athe studentpersonnel's isor void,administrators' isprevious contraryemployers, toscreen publicthe policy,instructional andpersonnel mayor notschool beadministrators enforced.through use of the educator screening tools described in s.

4.

Before employing an individual 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 personnel's or administrators' previous employers, screen the instructional personnel or school administrators through use of the educator screening tools described in s.

1002.01(2) in this state, be registered, and be in Pagecompliance 15with all requirements of 43this CODING:section in addition to private school requirements outlined in s.

1002.42, specific requirements identified within respective scholarship program laws, and other provisions of Florida law that apply to private schools, and must:

Page 15 of 43 CODING:

hb0131-02-c2hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 131 2021 compliance(n) withAdopt allpolicies requirementsestablishing standards of thisethical sectionconduct infor additioneducational tosupport privateemployees, schoolinstructional requirementspersonnel, outlinedand inschool s.administrators.

1002.42, specific requirements identified within respective scholarship program laws, and other provisions of Florida law that apply to private schools, and must:

(n) Adopt policies establishing standards of ethical conduct for educational support employees, instructional personnel, and school administrators.

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 employees, 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 Pageemployment 16references ofor 43discuss CODING:the employees', personnel's, or administrators' performance with prospective employers in another educational setting, without disclosing the employees', personnel's, or administrators' misconduct.

Any part of an agreement or contract that has the purpose or effect of Page 16 of 43 CODING:

hb0131-02-c2hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 131 2021 employmentconcealing referencesmisconduct by educational support employees, instructional personnel, or discussschool administrators which affects the employees',health, personnel's,safety, or administrators'welfare performanceof witha prospectivestudent employersis invoid, anotheris educationalcontrary setting,to withoutpublic disclosingpolicy, theand employees',may personnel's,not orbe administrators'enforced. misconduct.

Any part of an agreement or contract that has the purpose or effect of concealing misconduct by educational support employees, instructional personnel, or school administrators which affects the health, safety, or welfare of a student is void, is contrary to public policy, and may not be enforced.

(r) Prohibit education 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 Pagepursuant 17to ofthis 43section CODING:or s.

1012.315, or have been terminated or resigned in lieu of termination for sexual misconduct with a student.

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 Page 17 of 43 CODING:

hb0131-02-c2hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 131 2021 pursuantthe todisqualification thislist sectionmaintained orpursuant to s.

1012.315, or have been terminated or resigned in lieu of termination for sexual misconduct with a student.

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.

However, if the noncompliance is correctable within a reasonable amount of time, not to exceed 45 days, and if the health, safety, or Pagewelfare 18of the students is not threatened, the commissioner may issue a notice of 43noncompliance CODING:which provides the private school with a timeframe within which to provide evidence of compliance before taking action to suspend or revoke the private school's participation in the scholarship program.

Page 18 of 43 CODING:

hb0131-02-c2hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 131 2021 welfare(b) ofMay thedeny, studentssuspend, isor notrevoke threatened,a theprivate commissionerschool's mayparticipation issuein a noticescholarship ofprogram noncomplianceif whichthe providescommissioner determines that an owner or operator of the private school withis aoperating timeframeor withinhas whichoperated toan provideeducational evidenceinstitution ofin compliancethis beforestate takingor actionin toanother suspendstate or revokejurisdiction in a manner contrary to the privatehealth, school'ssafety, participationor inwelfare of the public or if the owner or operator has exhibited a previous pattern of failure to comply with this section or specific requirements identified within respective scholarship program.program laws.

(b) May deny, suspend, or revoke a private school's participation in a scholarship program if the commissioner determines that an owner or operator of the private school is operating or has operated an educational institution in this state or in another state or jurisdiction in a manner contrary to the health, safety, or welfare of the public or if the owner or operator has exhibited a previous pattern of failure to comply with this section or specific requirements identified within respective scholarship program laws.

In making such a determination, may consider Pagefactors 19that include, but are not limited to, acts or omissions by an owner or operator which led to a previous denial, suspension, or revocation of 43participation CODING:in a state or federal education scholarship program;

an owner's or operator's failure to reimburse the department or scholarship-funding organization Page 19 of 43 CODING:

hb0131-02-c2hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 131 2021 factorsfor thatscholarship include,funds butimproperly arereceived not limited to, acts or omissionsretained by an owner or operator which led to a previousschool; denial, suspension, or revocation of participation in a state or federal education scholarship program;

an owner's or operator's failure to reimburse the department or scholarship-funding organization for scholarship funds improperly received or retained by a school;

The notification shall include the reasons for the proposed action Pageand 20notice of 43the CODING:timelines and procedures set forth in this paragraph.

b.

The private school that is adversely affected by the proposed action shall have 15 days after receipt of the notice of proposed action to file with the department's agency clerk a Page 20 of 43 CODING:

hb0131-02-c2hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 131 2021 andrequest noticefor ofa theproceeding timelinespursuant andto proceduresss. set forth in this paragraph.

b.

The private school that is adversely affected by the proposed action shall have 15 days after receipt of the notice of proposed action to file with the department's agency clerk a request for a proceeding pursuant to ss.

An imminent threat to the health, safety, or welfare of Pagethe 21students; of 43 CODING:

Words stricken are deletions;

words underlined are additions.

hb0131-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 131 2021 the students;

1002.22, in incidents of alleged fraudulent activityPage pursuant21 to this section, the department's Office of Inspector43 GeneralCODING: is authorized to release personally identifiable records or reports of students to the following persons or organizations:

Words stricken are deletions;

words underlined are additions.

hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 131 2021 activity pursuant to this section, the department's Office of Inspector General is authorized to release personally identifiable records or reports of students to the following persons or organizations:

PageThe 22commissioner's order suspending payment pursuant to this paragraph may be appealed pursuant to the same procedures and timelines as the notice of 43proposed CODING:action set forth in subparagraph (d)2 (c)2.

Section 6.

Subsection (2) and paragraph (a) of subsection Page 22 of 43 CODING:

hb0131-02-c2hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 131 2021 The(4) commissioner'sof ordersection suspending1006.061, paymentFlorida pursuantStatutes, toare thisamended paragraph may be appealed pursuant to theread: same procedures and timelines as the notice of proposed action set forth in subparagraph (d)2 (c)2.

Section 6.

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

Page1. 23 of 43 CODING:

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words underlined are additions.

hb0131-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 131 2021 1.

Directions for accessing the Department of Children and Families Internet website for more information on reporting abuse,Page neglect,23 andof exploitation.43 CODING:

Words stricken are deletions;

words underlined are additions.

hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 131 2021 abuse, neglect, and exploitation.

(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 Pageprevious 24employers ofpursuant 43to CODING:s.

Words stricken are deletions;

words underlined are additions.

hb0131-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 131 2021 previous employers pursuant to s.

If unable to contact a previous employer, the district school superintendent shall documentPage efforts24 toof contact43 theCODING: employer.

Words stricken are deletions;

words underlined are additions.

hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 131 2021 document efforts to contact the employer.

The affidavit of separation must include conspicuous language that intentional false execution of the affidavit constitutes a misdemeanor of the second degree The resignation Pageor 25termination of 43an CODING: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.

Section 9.

Section 1012.315, Florida Statutes, is amended Page 25 of 43 CODING:

hb0131-02-c2hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 131 2021 orto terminationread: 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.

Section 9.

Section 1012.315, Florida Statutes, is amended to read:

Page(c) 26Section 415.111, relating to adult abuse, neglect, or exploitation of 43aged CODING:persons or disabled adults.

(d) Section 782.04, relating to murder.

(e) Section 782.07, relating to manslaughter, aggravated manslaughter of an elderly person or disabled adult, aggravated Page 26 of 43 CODING:

hb0131-02-c2hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 131 2021 (c)manslaughter Sectionof 415.111,a relatingchild, toor adultaggravated abuse,manslaughter neglect,of oran exploitationofficer, ofa agedfirefighter, personsan emergency medical technician, or disableda adults.paramedic.

(d) Section 782.04, relating to murder.

(e) Section 782.07, relating to manslaughter, aggravated manslaughter of an elderly person or disabled adult, aggravated manslaughter of a child, or aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.

(m) Section 787.04(3), relating to leading, taking, enticing, or removing a minor beyond the state limits, or concealing the location of a minor, with criminal intent pending dependency proceedings or proceedings concerning alleged abuse Pageor 27neglect of 43a CODING:minor.

(n) Section 790.115(1), relating to exhibiting firearms or weapons at a school-sponsored event, on school property, or within 1,000 feet of a school.

(o) Section 790.115(2)(b), relating to possessing an Page 27 of 43 CODING:

hb0131-02-c2hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 131 2021 electric weapon or neglectdevice, ofdestructive device, or other weapon at a minor.school-sponsored event or on school property.

(n) Section 790.115(1), relating to exhibiting firearms or weapons at a school-sponsored event, on school property, or within 1,000 feet of a school.

(o) Section 790.115(2)(b), relating to possessing an electric weapon or device, destructive device, or other weapon at a school-sponsored event or on school property.

(aa) Section 812.0145, relating to theft from persons 65 Pageyears 28 of 43age CODING:or older.

Words stricken are deletions;

words underlined are additions.

hb0131-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 131 2021 years of age or older.

(dd) Section 812.131, relating to robbery by sudden snatching.Page 28 of 43 CODING:

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words underlined are additions.

hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 131 2021 snatching.

(oo) Section 843.01, relating to resisting arrest with Pageviolence. 29 of 43 CODING:

Words stricken are deletions;

words underlined are additions.

hb0131-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 131 2021 violence.

(rr)Page Chapter29 893, relating to drug abuse prevention and control, if the offense was a felony of the43 secondCODING: degree or greater severity.

Words stricken are deletions;

words underlined are additions.

hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 131 2021 (rr) Chapter 893, relating to drug abuse prevention and control, if the offense was a felony of the second degree or greater severity.

(3) Any criminal act committed in another state or under Pagefederal 30law ofwhich, 43if CODING:committed in this state, constitutes an offense prohibited under any statute listed in subsection (1) or subsection (2).

(4) Any delinquent act committed in this state or any delinquent or criminal act committed in another state or under Page 30 of 43 CODING:

hb0131-02-c2hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 131 2021 federal law which, if committed in this state, constitutesqualifies an offenseindividual prohibitedfor underinclusion anyon statutethe listedRegistered inJuvenile subsectionSex (1)Offender orList subsectionunder (2).s.

(4) Any delinquent act committed in this state or any delinquent or criminal act committed in another state or under federal law which, if committed in this state, qualifies an individual for inclusion on the Registered Juvenile Sex Offender List under s.

may permanently revoke the educator certificate Pageof 31any ofperson 43thereby CODING:denying that person the right to teach or otherwise be employed by a district school board or public school in any capacity requiring direct contact with students;

may suspend a person's educator certificate, upon an order of the court or notice by the Department of Revenue relating to the Page 31 of 43 CODING:

hb0131-02-c2hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 131 2021 payment of anychild personsupport; thereby denying that person the right to teach or otherwise be employed by a district school board or public school in any capacity requiring direct contact with students;

may suspend a person's educator certificate, upon an order of the court or notice by the Department of Revenue relating to the payment of child support;

(d) Has been guilty of gross immorality or an act Pageinvolving 32moral turpitude as defined by rule of 43the CODING:State Board of Education, including engaging in or soliciting sexual, romantic, or lewd conduct with a student or minor.

(e) Has had an educator certificate or other professional license sanctioned by this or any other state or has had the Page 32 of 43 CODING:

hb0131-02-c2hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 131 2021 involvingauthority moralto turpitudepractice asthe definedregulated byprofession rulerevoked, ofsuspended, theor Stateotherwise Boardacted ofagainst, Education, including engaginga indenial of certification or solicitinglicensure, sexual,by romantic,the licensing or lewdcertifying conductauthority withof aany studentjurisdiction, orincluding minor.its agencies and subdivisions.

(e) Has had an educator certificate or other professional license sanctioned by this or any other state or has had the authority to practice the regulated profession revoked, suspended, or otherwise acted against, including a denial of certification or licensure, by the licensing or certifying authority of any jurisdiction, including its agencies and subdivisions.

Page(h) 33Has ofbreached 43a CODING:contract, as provided in s.

Words stricken are deletions;

words underlined are additions.

hb0131-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 131 2021 (h) Has breached a contract, as provided in s.

409.2598 directing the Education Practices Commission to suspend the certificate as a resultPage of33 noncompliance with a child support order, a subpoena, an order to show cause, or a written agreement with the Department of Revenue.43 CODING:

Words stricken are deletions;

words underlined are additions.

hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 131 2021 result of noncompliance with a child support order, a subpoena, an order to show cause, or a written agreement with the Department of Revenue.

Page(o) 34Has ofcommitted 43a CODING:third recruiting offense as determined by the Florida High School Athletic Association (FHSAA) pursuant to s.

Words stricken are deletions;

words underlined are additions.

hb0131-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 131 2021 (o) Has committed a third recruiting offense as determined by the Florida High School Athletic Association (FHSAA) pursuant to s.

Paragraphs (a), (b), (d), and (e) of subsectionPage (1)34 and subsection (5) of section43 1012.796,CODING: Florida Statutes, are amended, paragraph (i) is added to subsection (7), and subsection (10) is added to that section, to read:

Words stricken are deletions;

words underlined are additions.

hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 131 2021 subsection (1) and subsection (5) of section 1012.796, Florida Statutes, are amended, paragraph (i) is added to subsection (7), and subsection (10) is added to that section, to read:

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 Pageact 35or ofacts 43that CODING:are the basis for the complaint were allegedly committed while that person possessed an educator certificate and may not issue a certificate to such a person unless an investigation has been completed.

(b) The department shall immediately investigate any Page 35 of 43 CODING:

hb0131-02-c2hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 131 2021 actlegally orsufficient actscomplaint that areinvolves themisconduct basisby forany thecertificated complaintpersonnel werewhich allegedlyaffects committedthe whilehealth, thatsafety, personor possessedwelfare anof educator certificate and may not issue a certificatestudent, togiving suchthe acomplaint personpriority unlessover another investigationpending hascomplaints. been completed.

(b) The department shall immediately investigate any legally sufficient complaint that involves misconduct by any certificated personnel which affects the health, safety, or welfare of a student, giving the complaint priority over other pending complaints.

A complaint is legally sufficient if it contains Pageultimate 36facts ofthat 43show CODING:a violation has occurred as provided in s.

Words stricken are deletions;

words underlined are additions.

hb0131-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 131 2021 ultimate facts that show a violation has occurred as provided in s.

2.Page 36 of 43 CODING:

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words underlined are additions.

hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 131 2021 2.

Pagestandards 37 of 43ethical CODING:conduct for instructional personnel and school administrators;

the duties of instructional personnel and school administrators for upholding the standards;

detailed procedures for reporting alleged misconduct by instructional personnel and school administrators which affects the health, Page 37 of 43 CODING:

hb0131-02-c2hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 131 2021 standardssafety, ofor ethicalwelfare conductof fora instructionalstudent; personnel and school administrators;

the duties of instructional personnel and school administrators for upholding the standards;

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

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 Pageschool 38superintendent ofis 43subject CODING:to penalties as specified in s.

Words stricken are deletions;

words underlined are additions.

hb0131-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 131 2021 school superintendent is subject to penalties as specified in s.

If the superintendent determines that misconduct by instructional personnel or school administrators who hold an educator certificate affects the health, safety, or welfare of a studentPage and38 theof misconduct43 warrantsCODING: termination, the instructional 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.

Words stricken are deletions;

words underlined are additions.

hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 131 2021 student and the misconduct warrants termination, the instructional 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.

1012.56 and employed in an educator- certificated position in any public school, charter school or governing board thereof, or private school that accepts scholarship students who participate in a state scholarship program under chapter 1002, the school shall file in writing with the department a legally sufficient complaint within 30 Pagedays 39after the date on which the subject matter of 43the CODING:complaint came to the attention of the school, regardless of whether the subject of the allegations is still an employee of the school.

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

1012.795 Page 39 of 43 CODING:

hb0131-02-c2hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 131 2021 daysand afterdefined theby daterule on which the subject matter of the complaintState cameBoard to the attention of theEducation. school, regardless of whether the subject of the allegations is still an employee of the school.

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

1012.795 and defined by rule of the State Board of Education.

(5) When an allegation of misconduct by instructional Pagepersonnel 40or ofschool 43administrators, CODING: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, at a minimum, immediately Page 40 of 43 CODING:

hb0131-02-c2hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 131 2021 suspend the instructional personnel or school administrators,administrators asfrom definedregularly assigned duties, with pay, and remove reassign the suspended personnel or administrators from to positions that may do not require direct contact with students in s.the district school system.

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, 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 require direct contact with students in the district school system.

PageThe 41penalties ofimposed 43under CODING:this subsection are in addition to, and not in lieu of, the penalties required for a third recruiting offense pursuant to s.

Words stricken are deletions;

words underlined are additions.

hb0131-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 131 2021 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.

1001.10(4)(b) shall be notified thatPage he41 orof she43 mayCODING: not serve or apply to serve as an employee or contracted personnel at a public school or private school that participates in a state scholarship program under chapter 1002.

Words stricken are deletions;

words underlined are additions.

hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 131 2021 that he or she may not serve or apply to serve as an employee or contracted personnel at a public school or private school that participates in a state scholarship program under chapter 1002.

SectionSubsection (1) of section 1012.797, Florida Statutes, is amended to read:

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, president of the Florida School for the Deaf and the Blind, or university lab schools director or principal, as applicable, when its of the name and address of any employee of the school districtdistrict, whocharter isschool, arrestedor forprivate school, as applicable, who is 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 of the school district was arrested.

Such notification shall include other education providers such as the Florida School for the Deaf and the Blind, university lab schools, and private elementary and secondary schools.

hb0131-02-c2hb0131-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 131 2021 TheSection notification13. shall include the specific charge for which the employee 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.

Such notification shall include other education providers such as the Florida School for the Deaf and the Blind, university lab schools, and private elementary and secondary schools.

(2) Except to the extent necessary to protect the health, safety, and welfare of other students, the information obtained by the district school superintendent pursuant to this section may be released only to appropriate school personnel or as otherwise provided by law.

Section 13.

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