Florida Senate - 2021 SB 1864 By Senator Perry 8-01134-21 20211864__ Page 1 of 50 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to education; amending s. 1001.10, 2 F.S.; requiring the Department of Education to 3 maintain a disqualification list that includes the 4 identities of certain persons; providing requirements 5 for the disqualification list; authorizing the 6 department to remove a person from the 7 disqualification list if certain conditions are met; 8 requiring the State Board of Education to adopt rules; 9 requiring the department to provide certain staff with 10 access to information from the disqualification list; 11 amending s. 1001.42, F.S.; requiring district school 12 boards to investigate certain complaints and report 13 certain results of such investigations to the 14 department; requiring the department to place a person 15 who is terminated, or resigns in lieu of termination, 16 for a certain reason on the disqualification list; 17 requiring district school boards to adopt policies 18 establishing standards of ethical conduct for 19 educational support employees; requiring district 20 school boards to disqualify educational support 21 employees from employment in certain circumstances; 22 requiring district school boards to report a 23 disqualified person to the department for inclusion on 24 the disqualification list; revising the circumstances 25 under which a school board official shall forfeit his 26 or her salary for 1 year; amending s. 1002.33, F.S.; 27 prohibiting an individual who is on the 28 disqualification list from being employed by a charter 29

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 2 of 50 CODING: Words stricken are deletions; words underlined are additions. school or serving as a member of a charter school 30 governing board; requiring a charter school to 31 disqualify certain persons and make a report to the 32 department to include the person on the 33 disqualification list; requiring charter school 34 governing boards to adopt policies establishing 35 standards of ethical conduct for certain employees; 36 requiring charter schools to perform a certain 37 screening before employing a person in any position 38 that requires direct contact with students; requiring 39 charter schools to comply with a specified provision; 40 assigning duties to certain charter school 41 administrative personnel and a charter school 42 governing board; amending s. 1002.421, F.S.; requiring 43 certain private schools to adopt policies establishing 44 standards of ethical conduct for certain employees; 45 revising requirements for certain private schools 46 relating to employment; requiring certain private 47 schools to disqualify certain persons and make a 48 report to the department to include the person on the 49 disqualification list; authorizing the Commissioner of 50 Education to deny or revoke the authority of an owner 51 or operator of a certain private school to establish 52 or operate a private school under certain conditions; 53 requiring the commissioner to include such person on 54 the disqualification list; amending s. 1002.45, F.S.; 55 revising virtual instruction program provider 56 qualifications for department approval; expanding the 57 screening requirements for employees and personnel of 58

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 3 of 50 CODING: Words stricken are deletions; words underlined are additions. an approved virtual instruction program provider; 59 requiring an approved virtual instruction program 60 provider to disqualify certain persons and make a 61 report to the department to include the persons on the 62 disqualification list; requiring an approved virtual 63 instruction program provider to comply with a 64 specified provision; requiring an approved virtual 65 instruction program provider to inform the district 66 school board of a certain complaint; amending s. 67 1006.061, F.S.; requiring certain schools to include 68 information related to certain employees in a required 69 posting; amending s. 1012.31, F.S.; clarifying a 70 school district reporting requirement; amending s. 71 1012.315, F.S.; expanding ineligibility for educator 72 certification or employment to persons who are on the 73 disqualification list; amending s. 1012.32, F.S.; 74 expanding requirements for screening of certain 75 personnel of a virtual instruction program; 76 prohibiting district school boards from requiring 77 additional background screening of certain employees 78 and personnel; amending s. 1012.795, F.S.; expanding 79 the authority of the Education Practices Commission to 80 discipline certain employees and personnel; amending 81 s. 1012.796, F.S.; requiring the department to 82 complete an investigation before issuing a new 83 educator certificate to certain persons; clarifying 84 the duty of a district school board to perform certain 85 investigations; requiring certain entities to report 86 certain arrests and allegations of misconduct of 87

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 4 of 50 CODING: Words stricken are deletions; words underlined are additions. certain employees, personnel, and administrators to 88 the department; requiring district school boards to 89 adopt certain policies and procedures regarding 90 educational support employees; requiring school 91 superintendents to report certain misconduct of 92 educational support employees to the department; 93 requiring the department to include certain employees, 94 personnel, and administrators on the disqualification 95 list; requiring the department to maintain certain 96 reports of misconduct; clarifying the department’s 97 duty to investigate certificated personnel; requiring 98 a district school superintendent to suspend and 99 reassign educational support employees for a certain 100 allegation of misconduct; expanding penalties that may 101 be imposed by the commission; authorizing the 102 commission to direct the department to include a 103 certain person on the disqualification list for 104 certain conduct; prohibiting persons on the 105 disqualification list from serving or applying to 106 serve as employees or contract personnel at certain 107 institutions; providing criminal penalties; amending 108 s. 1012.797, F.S.; expanding the list of entities that 109 law enforcement agencies must notify of certain 110 charges; requiring law enforcement agencies to notify 111 certain institutions of certain charges against 112 employees or contractors; providing an effective date. 113 114 Be It Enacted by the Legislature of the State of Florida: 115 116

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 5 of 50 CODING: Words stricken are deletions; words underlined are additions.

Section 1. Subsections (4) and (5) of

section 1001.10, 117 Florida Statutes, are amended to read: 118 1001.10 Commissioner of Education; general powers and 119 duties.— 120 (4)(

a) The Department of Education shall provide technical 121 assistance to school districts, charter schools, the Florida 122 School for the Deaf and the Blind, and private schools that 123 accept scholarship students who participate in a state 124 scholarship program under

chapter 1002 in the development of 125 policies, procedures, and training related to employment 126 practices and standards of ethical conduct for instructional 127 personnel and school administrators, as defined in s. 1012.01. 128 (

b) The department shall maintain a disqualification list, 129 which must include the following information: 130 1. The identity of any person who has been permanently 131 denied an educator certificate or whose educator certificate has 132 been permanently revoked and the person has been placed on the 133 list as directed by the Education Practices Commission pursuant 134 to s. 1012.795(1) or s. 1012.796(7); 135 2.

The identity of any person who has been permanently 136 disqualified by the commissioner to be an owner or operator of a 137 private school participating in state scholarship programs 138 pursuant to s. 1002.421 for a reason that reflects any risk of 139 harm to the health, safety, or welfare of a student; 140 3. The identity of any person who has been terminated, or 141 has resigned in lieu of termination, from employment with a 142 district school board as a result of misconduct that affects the 143 health, safety, or welfare of a student; and 144 4. The identity of any person who has been disqualified 145

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 6 of 50 CODING: Words stricken are deletions; words underlined are additions. from employment pursuant to s. 1012.315. 146 (

c) The department may remove a person from the 147 disqualification list if the person demonstrates that: 148 1. A completed law enforcement investigation resulted in an 149 exoneration or no conviction or finding of guilt, and a 150 completed investigation and proceeding, as applicable, by the 151 responsible education agency resulted in no finding that the 152 person committed disqualifying conduct; or 153 2. The person was not the subject of the report of 154 disqualifying conduct and was included on the disqualification 155 list in error or as a result of mistaken identity. 156 (

d) The State Board of Education shall adopt rules to 157 implement the disqualification list. 158

(5) The Department of Education shall provide authorized 159 staff of school districts, charter schools, the Florida School 160 for the Deaf and the Blind, and private schools that accept 161 scholarship students who participate in a state scholarship 162 program under

chapter 1002 with access to electronic 163 verification of information from the following employment 164 screening tools: 165 (

a) The Professional Practices’ Database of Disciplinary 166 Actions Against Educators; and 167 (

b) The Department of Education’s Teacher Certification 168 Database; and 169 (

c) The Department of Education’s disqualification list 170 maintained pursuant to paragraph (4)(b). 171 172 This subsection does not require the department to provide these 173 staff with unlimited access to the databases. However, the 174

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 7 of 50 CODING: Words stricken are deletions; words underlined are additions. department shall provide the staff with access to the data 175 necessary for performing employment history checks of the 176 educational support employees, instructional personnel, and 177 school administrators included in the databases. 178

Section 2. Subsections (6) and (7) of

section 1001.42, 179 Florida Statutes, are amended, and paragraph (

c) is added to 180 subsection (5) of that section, to read: 181 1001.42 Powers and duties of district school board.—The 182 district school board, acting as a board, shall exercise all 183 powers and perform all duties listed below: 184

(5) PERSONNEL.— 185 (

c) Immediately investigate any legally sufficient 186 complaint that involves misconduct by an educational support 187 employee, instructional personnel, or administrative personnel 188 which affects the health, safety, or welfare of a student and 189 would result in termination. An investigation that results in 190 termination, or the accused person’s resignation in lieu of 191 termination, must be reported to the department, and the 192 department shall place the person on the disqualification list 193 maintained pursuant to s. 1001.10(4)(b). 194

(6) STANDARDS OF ETHICAL CONDUCT FOR EDUCATIONAL SUPPORT 195 EMPLOYEES, INSTRUCTIONAL PERSONNEL, ADMINISTRATIVE PERSONNEL, 196 AND SCHOOL OFFICERS.—Adopt policies establishing standards of 197 ethical conduct for educational support employees, instructional 198 personnel, administrative personnel, and school officers. The 199 policies must require all educational support employees, 200 instructional personnel, administrative personnel, and school 201 officers, as defined in s. 1012.01, to complete training on the 202 standards; establish the duty of educational support employees, 203

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 8 of 50 CODING: Words stricken are deletions; words underlined are additions. instructional personnel, administrative personnel, and school 204 officers to report, and procedures for reporting, alleged 205 misconduct by other educational support employees, instructional 206 or administrative personnel, and school officers which affects 207 the health, safety, or welfare of a student, including 208 misconduct that involves engaging in or soliciting sexual, 209 romantic, or lewd conduct with a student; require the district 210 school superintendent to report to law enforcement misconduct by 211 educational support employees, instructional personnel, or 212 school administrators that would result in disqualification from 213 educator certification or employment as provided in s. 1012.315; 214 and include an explanation of the liability protections provided 215 under ss. 39.203 and 768.095.

A district school board, or any of 216 its employees or personnel, may not enter into a confidentiality 217 agreement regarding terminated or dismissed educational support 218 employees, instructional or administrative personnel, or school 219 officers who resign in lieu of termination, based in whole or in 220 part on misconduct that affects the health, safety, or welfare 221 of a student, and may not provide educational support employees, 222 instructional personnel, administrative personnel, or school 223 officers with employment references or discuss the employees’, 224 personnel’s, or officers’ performance with prospective employers 225 in another educational setting, without disclosing the 226 employees’, personnel’s, or officers’ misconduct.

Any part of an 227 agreement or contract that has the purpose or effect of 228 concealing misconduct by educational support employees, 229 instructional personnel, administrative personnel, or school 230 officers which affects the health, safety, or welfare of a 231 student is void, is contrary to public policy, and may not be 232

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 9 of 50 CODING: Words stricken are deletions; words underlined are additions. enforced. 233

(7) DISQUALIFICATION FROM EMPLOYMENT.—Disqualify 234 educational support employees, instructional personnel, and 235 administrative personnel, as defined in s. 1012.01, from 236 employment in any position that requires direct contact with 237 students if the employees or personnel are ineligible for such 238 employment under s. 1012.315, and, if the disqualifying conduct 239 occurs subsequent to employment, report the disqualified 240 employees or personnel and the disqualifying circumstances to 241 the department for inclusion on the disqualification list 242 maintained by the department pursuant to s. 1001.10(4)(b).

An 243 elected or appointed school board official forfeits his or her 244 salary for 1 year if: 245 (

a) The school board official knowingly signs and transmits 246 to any state official a report of alleged misconduct by 247 educational support employees, instructional personnel, or 248 administrative personnel which affects the health, safety, or 249 welfare of a student and the school board official knows the 250 report to be false or incorrect; or 251 (

b) The school board official knowingly fails to adopt 252 policies that require: 253 1. Educational support employees, instructional personnel, 254 and administrative personnel to report alleged misconduct by 255 other educational support employees, instructional personnel, 256 and administrative personnel; 257 2. The district school superintendent to report misconduct 258 by educational support employees, instructional personnel, or 259 school administrators that would result in disqualification from 260 educator certification or employment as provided in s. 1012.315 261

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 10 of 50 CODING: Words stricken are deletions; words underlined are additions. to the law enforcement agencies with jurisdiction over the 262 conduct and the department as required by s. 1012.796; or 263 3.

The complete investigation of all reports of alleged 264 misconduct by educational support employees, instructional 265 personnel, and administrative personnel, if the misconduct 266 affects the health, safety, or welfare of a student, regardless 267 of whether the educational support employees, instructional 268 personnel, or administrative personnel resign or are terminated 269 before the conclusion of the investigation.

The policy must 270 require the superintendent to notify the department of the 271 result of the investigation and whether the misconduct warranted 272 termination, regardless of whether the person resigned or was 273 terminated before the conclusion of the investigation. 274

Section 3. Paragraph (

g) of subsection (12) and paragraphs 275 (

b) and (

c) of subsection (16) of

section 1002.33, Florida 276 Statutes, are amended to read: 277 1002.33 Charter schools.— 278

(12) EMPLOYEES OF CHARTER SCHOOLS.— 279 (g)1. A charter school shall employ or contract with 280 employees who have undergone background screening as provided in 281 s. 1012.32. Members of the governing board of the charter school 282 shall also undergo background screening in a manner similar to 283 that provided in s. 1012.32. A person may not be employed by a 284 charter school or serve as a member of a charter school 285 governing board if the person is ineligible pursuant to s. 286 1012.315 or is included on the disqualification list maintained 287 by the department pursuant to s. 1001.10(4)(b). 288 2.

A charter school shall disqualify educational support 289 employees, instructional personnel, and school administrators, 290

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 11 of 50 CODING: Words stricken are deletions; words underlined are additions. as defined in s. 1012.01, from employment in any position that 291 requires direct contact with students if the employees, 292 personnel, or administrators are ineligible for such employment 293 under s. 1012.315, and, if the disqualifying conduct occurs 294 subsequent to employment, report the person and the 295 disqualifying circumstances to the department for inclusion on 296 the disqualification list maintained pursuant to s. 297 1001.10(4)(b). 298 3.

The governing board of a charter school shall adopt 299 policies establishing standards of ethical conduct for 300 educational support employees, instructional personnel, and 301 school administrators.

The policies must require all educational 302 support employees, instructional personnel, and school 303 administrators, as defined in s. 1012.01, to complete training 304 on the standards; establish the duty of educational support 305 employees, instructional personnel, and school administrators to 306 report, and procedures for reporting, alleged misconduct by 307 other educational support employees, instructional personnel, 308 and school administrators which affects the health, safety, or 309 welfare of a student; and include an explanation of the 310 liability protections provided under ss. 39.203 and 768.095.

A 311 charter school, or any of its employees, may not enter into a 312 confidentiality agreement regarding terminated or dismissed 313 educational support employees, instructional personnel, or 314 school administrators, or personnel or administrators who resign 315 in lieu of termination, based in whole or in part on misconduct 316 that affects the health, safety, or welfare of a student, and 317 may not provide educational support employees, instructional 318 personnel, or school administrators with employment references 319

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 12 of 50 CODING: Words stricken are deletions; words underlined are additions. or discuss the employees’, personnel’s, or administrators’ 320 performance with prospective employers in another educational 321 setting, without disclosing the employees’, personnel’s or 322 administrators’ misconduct.

Any part of an agreement or contract 323 that has the purpose or effect of concealing misconduct by 324 educational support employees, instructional personnel, or 325 school administrators which affects the health, safety, or 326 welfare of a student is void, is contrary to public policy, and 327 may not be enforced. 328 4.

Before employing a person instructional personnel or 329 school administrators in any position that requires direct 330 contact with students, a charter school shall conduct employment 331 history checks of each of the person’s personnel’s or 332 administrators’ previous employers, screen the person 333 instructional personnel or school administrators through use of 334 the educator screening tools described in s. 1001.10(5), and 335 document the findings. If unable to contact a previous employer, 336 the charter school must document efforts to contact the 337 employer. 338 5.

The sponsor of a charter school that knowingly fails to 339 comply with this paragraph shall terminate the charter under 340 subsection (8). 341

(16) EXEMPTION FROM STATUTES.— 342 (

b) Additionally, A charter school also shall be in 343 compliance with the following statutes: 344

Section 286.011, relating to public meetings and 345 records, public inspection, and criminal and civil penalties. 346 2.

Chapter 119, relating to public records. 347

Section 1003.03, relating to the maximum class size, 348

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 13 of 50 CODING: Words stricken are deletions; words underlined are additions. except that the calculation for compliance pursuant to s. 349 1003.03 shall be the average at the school level. 350 4.

Section 1012.22(1)(c), relating to compensation and 351 salary schedules. 352 5.

Section 1012.33(5), relating to workforce reductions. 353

Section 1012.335, relating to contracts with 354 instructional personnel hired on or after July 1, 2011. 355

Section 1012.34, relating to the substantive 356 requirements for performance evaluations for instructional 357 personnel and school administrators. 358

Section 1006.12, relating to safe-school officers. 359 9.

Section 1006.07(7), relating to threat assessment teams. 360 10.

Section 1006.07(9), relating to School Environmental 361 Safety Incident Reporting. 362

Section 1006.1493, relating to the Florida Safe Schools 363 Assessment Tool. 364 12.

Section 1006.07(6)(c), relating to adopting an active 365 assailant response plan. 366 13.

Section 943.082(4)(b), relating to the mobile 367 suspicious activity reporting tool. 368

Section 1012.584, relating to youth mental health 369 awareness and assistance training. 370

Section 1012.796, relating to complaints against 371 educational support employees, teachers, and administrators. 372 (

c) For purposes of subparagraphs (b)4.-7. and 15.: 373 1. The duties assigned to a district school superintendent 374 apply to charter school administrative personnel, as defined in 375 s. 1012.01(3)(

a) and (b), and the charter school governing board 376 shall designate at least one administrative person to be 377

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 14 of 50 CODING: Words stricken are deletions; words underlined are additions. responsible for such duties. 378 2. The duties assigned to a district school board apply to 379 a charter school governing board. 380 3. A charter school may hire instructional personnel and 381 other employees on an at-will basis. 382 4. Notwithstanding any provision to the contrary, 383 instructional personnel and other employees on contract may be 384 suspended or dismissed any time during the term of the contract 385 without cause. 386

Section 4. Paragraphs (

n) and (

o) of subsection (1) and 387 subsection (3) of

section 1002.421, Florida Statutes, are 388 amended, and paragraph (

r) of subsection (1) is added to that 389 section, to read: 390 1002.421 State school choice scholarship program 391 accountability and oversight.— 392

(1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private 393 school participating in an educational scholarship program 394 established pursuant to this

chapter must be a private school as 395 defined in s. 1002.01(2) in this state, be registered, and be in 396 compliance with all requirements of this

section in addition to 397 private school requirements outlined in s. 1002.42, specific 398 requirements identified within respective scholarship program 399 laws, and other provisions of Florida law that apply to private 400 schools, and must: 401 (

n) Adopt policies establishing standards of ethical 402 conduct for educational support employees, instructional 403 personnel, and school administrators. The policies must require 404 all educational support employees, instructional personnel, and 405 school administrators, as defined in s. 1012.01, to complete 406

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 15 of 50 CODING: Words stricken are deletions; words underlined are additions. training on the standards; establish the duty of educational 407 support employees, instructional personnel, and school 408 administrators to report, and procedures for reporting, alleged 409 misconduct by other educational support employees, instructional 410 personnel, and school administrators which affects the health, 411 safety, or welfare of a student; and include an explanation of 412 the liability protections provided under ss. 39.203 and 768.095. 413 A private school, or any of its employees, may not enter into a 414 confidentiality agreement regarding terminated or dismissed 415 educational support employees, instructional personnel, or 416 school administrators, or personnel or administrators who resign 417 in lieu of termination, based in whole or in part on misconduct 418 that affects the health, safety, or welfare of a student, and 419 may not provide the employees, instructional personnel, or 420 school administrators with employment references or discuss the 421 employees’, personnel’s, or administrators’ performance with 422 prospective employers in another educational setting, without 423 disclosing the employees’, personnel’s, or administrators’ 424 misconduct.

Any part of an agreement or contract that has the 425 purpose or effect of concealing misconduct by educational 426 support employees, instructional personnel, or school 427 administrators which affects the health, safety, or welfare of a 428 student is void, is contrary to public policy, and may not be 429 enforced. 430 (

o) Before employing an individual instructional personnel 431 or school administrators in any position that requires direct 432 contact with students, conduct employment history checks of each 433 of the personnel’s or administrators’ previous employers, screen 434 the individual using the personnel or administrators through use 435

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 16 of 50 CODING: Words stricken are deletions; words underlined are additions. of the educator screening tools described in s. 1001.10(5), and 436 document the findings. If unable to contact a previous employer, 437 the private school must document efforts to contact the 438 employer. The private school must deny employment to any 439 individual whose educator certificate is revoked, who is barred 440 from reapplication for an educator certificate, or who is 441 identified on the disqualification list maintained by the 442 department pursuant to s. 1001.10(4)(b). 443 (

r) Disqualify educational support employees, instructional 444 personnel, and school administrators from employment in any 445 position that requires direct contact with students if the 446 personnel or administrators are ineligible for such employment 447 pursuant to this

section or s. 1012.315, and, if the 448 disqualifying conduct occurs subsequent to employment, report 449 the person and the disqualifying circumstances to the department 450 for inclusion on the disqualification list maintained pursuant 451 to s. 1001.10(4)(b). 452 453 The department shall suspend the payment of funds to a private 454 school that knowingly fails to comply with this subsection, and 455 shall prohibit the school from enrolling new scholarship 456 students, for 1 fiscal year and until the school complies.

If a 457 private school fails to meet the requirements of this subsection 458 or has consecutive years of material exceptions listed in the 459 report required under paragraph (q), the commissioner may 460 determine that the private school is ineligible to participate 461 in a scholarship program. 462

(3) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.—463 The Commissioner of Education: 464

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 17 of 50 CODING: Words stricken are deletions; words underlined are additions. (

a) Shall deny, suspend, or revoke a private school’s 465 participation in a scholarship program if it is determined that 466 the private school has failed to comply with this

section or 467 exhibits a previous pattern of failure to comply. However, if 468 the noncompliance is correctable within a reasonable amount of 469 time, not to exceed 45 days, and if the health, safety, or 470 welfare of the students is not threatened, the commissioner may 471 issue a notice of noncompliance which provides the private 472 school with a timeframe within which to provide evidence of 473 compliance before taking action to suspend or revoke the private 474 school’s participation in the scholarship program. 475 (

b) May deny, suspend, or revoke a private school’s 476 participation in a scholarship program if the commissioner 477 determines that an owner or operator of the private school is 478 operating or has operated an educational institution in this 479 state or in another state or jurisdiction in a manner contrary 480 to the health, safety, or welfare of the public or if the owner 481 or operator has exhibited a previous pattern of failure to 482 comply with this

section or specific requirements identified 483 within respective scholarship program laws. For purposes of this 484 subsection, the term “owner or operator” has the same meaning as 485 provided in paragraph (1)(p). 486 (

c) May permanently deny or revoke the authority of an 487 owner or operator to establish or operate a private school 488 participating in an educational scholarship program pursuant to 489 this

chapter if the commissioner decides that the owner or 490 operator is operating or has operated an educational institution 491 in this state or another state or jurisdiction in a manner 492 contrary to the health, safety, or welfare of the public, and 493

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 18 of 50 CODING: Words stricken are deletions; words underlined are additions. shall include such person on the disqualification list 494 maintained by the department pursuant to s. 1001.10(4)(b). 495 (d)1.(c)1.

In making such a determination, may consider 496 factors that include, but are not limited to, acts or omissions 497 by an owner or operator which led to a previous denial, 498 suspension, or revocation of participation in a state or federal 499 education scholarship program; an owner’s or operator’s failure 500 to reimburse the department or scholarship-funding organization 501 for scholarship funds improperly received or retained by a 502 school; the imposition of a prior criminal sanction related to 503 an owner’s or operator’s management or operation of an 504 educational institution; the imposition of a civil fine or 505 administrative fine, license revocation or suspension, or 506 program eligibility suspension, termination, or revocation 507 related to an owner’s or operator’s management or operation of 508 an educational institution; or other types of criminal 509 proceedings in which an owner or operator was found guilty of, 510 regardless of adjudication, or entered a plea of nolo contendere 511 or guilty to, any offense involving fraud, deceit, dishonesty, 512 or moral turpitude. 513 2.

The commissioner’s determination is subject to the 514 following: 515 a. If the commissioner intends to deny, suspend, or revoke 516 a private school’s participation in the scholarship program, the 517 department shall notify the private school of such proposed 518 action in writing by certified mail and regular mail to the 519 private school’s address of record with the department. The 520 notification shall include the reasons for the proposed action 521 and notice of the timelines and procedures set forth in this 522

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 19 of 50 CODING: Words stricken are deletions; words underlined are additions. paragraph. 523 b. The private school that is adversely affected by the 524 proposed action shall have 15 days after receipt of the notice 525 of proposed action to file with the department’s agency clerk a 526 request for a proceeding pursuant to ss. 120.569 and 120.57. If 527 the private school is entitled to a hearing under s. 120.57(1), 528 the department shall forward the request to the Division of 529 Administrative Hearings. 530 c.

Upon receipt of a request referred pursuant to this 531 subparagraph, the director of the Division of Administrative 532 Hearings shall expedite the hearing and assign an administrative 533 law judge who shall commence a hearing within 30 days after the 534 receipt of the formal written request by the division and enter 535 a recommended order within 30 days after the hearing or within 536 30 days after receipt of the hearing transcript, whichever is 537 later. Each party shall be allowed 10 days in which to submit 538 written exceptions to the recommended order.

A final order shall 539 be entered by the agency within 30 days after the entry of a 540 recommended order. The provisions of this sub-subparagraph may 541 be waived upon stipulation by all parties. 542 (e)(

d) May immediately suspend payment of scholarship funds 543 if it is determined that there is probable cause to believe that 544 there is: 545 1. An imminent threat to the health, safety, or welfare of 546 the students; 547 2. A previous pattern of failure to comply with this 548 section; or 549 3. Fraudulent activity on the part of the private school. 550 Notwithstanding s. 1002.22, in incidents of alleged fraudulent 551

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 20 of 50 CODING: Words stricken are deletions; words underlined are additions. activity pursuant to this section, the department’s Office of 552 Inspector General is authorized to release personally 553 identifiable records or reports of students to the following 554 persons or organizations: 555 a. A court of competent jurisdiction in compliance with an 556 order of that court or the attorney of record in accordance with 557 a lawfully issued subpoena, consistent with the Family 558 Educational Rights and Privacy Act, 20 U.S.C. s. 1232g. 559 b.

A person or entity authorized by a court of competent 560 jurisdiction in compliance with an order of that court or the 561 attorney of record pursuant to a lawfully issued subpoena, 562 consistent with the Family Educational Rights and Privacy Act, 563 20 U.S.C. s. 1232g. 564 c.

Any person, entity, or authority issuing a subpoena for 565 law enforcement purposes when the court or other issuing agency 566 has ordered that the existence or the contents of the subpoena 567 or the information furnished in response to the subpoena not be 568 disclosed, consistent with the Family Educational Rights and 569 Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31. 570 571 The commissioner’s order suspending payment pursuant to this 572 paragraph may be appealed pursuant to the same procedures and 573 timelines as the notice of proposed action set forth in 574 subparagraph (d)2. subparagraph (c)2. 575

Section 5. Paragraph (

a) of subsection (2) of

section 576 1002.45, Florida Statutes, is amended to read: 577 1002.45 Virtual instruction programs.— 578

(2) PROVIDER QUALIFICATIONS.— 579 (

a) The department shall annually publish online a list of 580

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 21 of 50 CODING: Words stricken are deletions; words underlined are additions. providers approved to offer virtual instruction programs. To be 581 approved by the department, a provider must document that it: 582 1. Is nonsectarian in its programs, admission policies, 583 employment practices, and operations; 584 2. Complies with the antidiscrimination provisions of s. 585 1000.05; 586 3. Locates an administrative office or offices in this 587 state, requires its administrative staff to be state residents, 588 requires all instructional staff to be Florida-certified 589 teachers under

chapter 1012, and conducts background screenings 590 and receives arrest reports for all employees or contracted 591 personnel, as required by s. 1012.32, using state and national 592 criminal history records, and designates at least one 593 administrator to be responsible for the duties and requirements 594 related to background screening assigned to a district school 595 board and superintendent under ss. 1012.465 and 1012.56(10); 596 4.

Disqualifies educational support employees, 597 instructional personnel, and administrative personnel, as 598 defined in s. 1012.01, from employment in any position that 599 requires direct contact with students, if the employees or 600 personnel are ineligible for such employment under s. 1012.315, 601 and, if the disqualifying conduct occurs subsequent to 602 employment, reports the disqualified employees or personnel and 603 the disqualifying circumstances to the department for inclusion 604 on the disqualification list maintained by the department 605 pursuant to s. 1001.10(4)(b). 606 5.4.

Provides to parents and students specific information 607 posted and accessible online that includes, but is not limited 608 to, the following teacher-parent and teacher-student contact 609

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 22 of 50 CODING: Words stricken are deletions; words underlined are additions. information for each course: 610 a. How to contact the instructor via phone, e-mail, or 611 online messaging tools. 612 b. How to contact technical support via phone, e-mail, or 613 online messaging tools. 614 c. How to contact the administration office via phone, e-615 mail, or online messaging tools. 616 d. Any requirement for regular contact with the instructor 617 for the course and clear expectations for meeting the 618 requirement. 619 e.

The requirement that the instructor in each course must, 620 at a minimum, conduct one contact via phone with the parent and 621 the student each month; 622 6.5. Possesses prior, successful experience offering online 623 courses to elementary, middle, or high school students as 624 demonstrated by quantified student learning gains in each 625 subject area and grade level provided for consideration as an 626 instructional program option.

However, for a provider without 627 sufficient prior, successful experience offering online courses, 628 the department may conditionally approve the provider to offer 629 courses measured pursuant to subparagraph (8)(a)2. Conditional 630 approval shall be valid for 1 school year only and, based on the 631 provider’s experience in offering the courses, the department 632 shall determine whether to grant approval to offer a virtual 633 instruction program; 634 7.6. Is accredited by a regional accrediting association as 635 defined by State Board of Education rule; 636 8.7.

Ensures instructional and curricular quality through a 637 detailed curriculum and student performance accountability plan 638

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 23 of 50 CODING: Words stricken are deletions; words underlined are additions. that addresses every subject and grade level it intends to 639 provide through contract with the school district, including: 640 a. Courses and programs that meet the standards of the 641 International Association for K-12 Online Learning and the 642 Southern Regional Education Board. 643 b. Instructional content and services that align with, and 644 measure student attainment of, student proficiency in the Next 645 Generation Sunshine State Standards. 646 c.

Mechanisms that determine and ensure that a student has 647 satisfied requirements for grade level promotion and high school 648 graduation with a standard diploma, as appropriate; 649 9.8. Publishes for the general public, in accordance with 650 disclosure requirements adopted in rule by the State Board of 651 Education, as part of its application as a provider and in all 652 contracts negotiated pursuant to this section: 653 a. Information and data about the curriculum of each full-654 time and part-time program. 655 b. School policies and procedures. 656 c.

Certification status and physical location of all 657 administrative and instructional personnel. 658 d. Hours and times of availability of instructional 659 personnel. 660 e. Student-teacher ratios. 661 f. Student completion and promotion rates. 662 g. Student, educator, and school performance accountability 663 outcomes; 664 10.9. If the provider is a Florida College System 665 institution, employs instructors who meet the certification 666 requirements for instructional staff under

chapter 1012; and 667

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 24 of 50 CODING: Words stricken are deletions; words underlined are additions. 11.10. Performs an annual financial audit of its accounts 668 and records conducted by an independent certified public 669 accountant which is in accordance with rules adopted by the 670 Auditor General, is conducted in compliance with generally 671 accepted auditing standards, and includes a report on financial 672 statements presented in accordance with generally accepted 673 accounting principles. 674 12.

Complies with s. 1012.796, relating to complaints 675 against educational support employees, teachers, and 676 administrators and designates at least one administrator to be 677 responsible for the duties and requirements assigned to a 678 district school board and superintendent pursuant to that 679 section. A virtual instruction provider must inform the district 680 school board of a complaint regarding misconduct or an arrest of 681 instructional or noninstructional personnel. 682

Section 6. Subsection (2) of

section 1006.061, Florida 683 Statutes, is amended to read: 684 1006.061 Child abuse, abandonment, and neglect policy.—Each 685 district school board, charter school, and private school that 686 accepts scholarship students who participate in a state 687 scholarship program under

chapter 1002 shall: 688

(2) Post in a prominent place at each school site and on 689 each school’s Internet website, if available, the policies and 690 procedures for reporting alleged misconduct by educational 691 support employees, instructional personnel, or school 692 administrators which affects the health, safety, or welfare of a 693 student; the contact person to whom the report is made; and the 694 penalties imposed on educational support employees, 695 instructional personnel, or school administrators who fail to 696

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 25 of 50 CODING: Words stricken are deletions; words underlined are additions. report suspected or actual child abuse or alleged misconduct by 697 other educational support employees, instructional personnel, or 698 school administrators. 699 700 The Department of Education shall develop, and publish on the 701 department’s Internet website, sample notices suitable for 702 posting in accordance with subsections (1), (2), and (4). 703

Section 7. Paragraph (

a) of subsection (3) of

section 704 1012.31, Florida Statutes, is amended to read: 705 1012.31 Personnel files.—Public school system employee 706 personnel files shall be maintained according to the following 707 provisions: 708 (3)(

a) Public school system employee personnel files are 709 subject to the provisions of s. 119.07(1), except as follows: 710 1.

Any complaint and any material relating to the 711 investigation of a complaint against an employee shall be 712 confidential and exempt from the provisions of s. 119.07(1) 713 until the conclusion of the preliminary investigation or until 714 such time as the preliminary investigation ceases to be active. 715 If the preliminary investigation is concluded with the finding 716 that there is no probable cause to proceed further and with no 717 disciplinary action taken or charges filed, a statement to that 718 effect signed by the responsible investigating official shall be 719 attached to the complaint, and the complaint and all such 720 materials shall be open thereafter to inspection pursuant to s. 721 119.07(1).

If the preliminary investigation is concluded with 722 the finding that there is probable cause to proceed further or 723 with disciplinary action taken or charges filed, the complaint 724 and all such materials shall be open thereafter to inspection 725

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 26 of 50 CODING: Words stricken are deletions; words underlined are additions. pursuant to s. 119.07(1). If the preliminary investigation 726 ceases to be active, the complaint and all such materials shall 727 be open thereafter to inspection pursuant to s. 119.07(1). For 728 the purpose of this subsection, a preliminary investigation 729 shall be considered active as long as it is continuing with a 730 reasonable, good faith anticipation that an administrative 731 finding will be made in the foreseeable future.

An investigation 732 shall be presumed to be inactive if no finding relating to 733 probable cause is made within 60 days after the complaint is 734 made. This subparagraph does not absolve the school district of 735 the duty to issue any legally required notifications, including 736 the its duty to provide any legally sufficient complaint to the 737 department in accordance with within 30 days after the date on 738 which the subject matter of the complaint comes to the attention 739 of the school district pursuant to s. 1012.796(1)(d)1. and 3., 740 regardless of the status of the complaint. 741 2.

An employee evaluation prepared pursuant to s. 1012.33, 742 s. 1012.34, or s. 1012.56 or rules adopted by the State Board of 743 Education or district school board under the authority of those 744 sections shall be confidential and exempt from the provisions of 745 s. 119.07(1) until the end of the school year immediately 746 following the school year in which the evaluation was made. No 747 evaluation prepared before July 1, 1983, shall be made public 748 pursuant to this section. 749 3.

No material derogatory to an employee shall be open to 750 inspection until 10 days after the employee has been notified 751 pursuant to paragraph (2)(c). 752 4. The payroll deduction records of an employee shall be 753 confidential and exempt from the provisions of s. 119.07(1). 754

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 27 of 50 CODING: Words stricken are deletions; words underlined are additions. 5. Employee medical records, including psychiatric and 755 psychological records, shall be confidential and exempt from the 756 provisions of s. 119.07(1); however, at any hearing relative to 757 the competency or performance of an employee, the administrative 758 law judge, hearing officer, or panel shall have access to such 759 records. 760

Section

Section 1012.315, Florida Statutes, is amended 761 to read: 762 1012.315 Disqualification from employment.—A person is 763 ineligible for educator certification or employment in any 764 position that requires direct contact with students in a 765 district school system, charter school, or private school that 766 accepts scholarship students who participate in a state 767 scholarship program under

chapter 1002 if the person is included 768 in the disqualification list maintained by the department 769 pursuant to s. 1001.10(4)(

b) or has been convicted of: 770

(1) Any felony offense prohibited under any of the 771 following statutes: 772 (

a) Section 393.135, relating to sexual misconduct with 773 certain developmentally disabled clients and reporting of such 774 sexual misconduct. 775 (

b) Section 394.4593, relating to sexual misconduct with 776 certain mental health patients and reporting of such sexual 777 misconduct. 778 (

c) Section 415.111, relating to adult abuse, neglect, or 779 exploitation of aged persons or disabled adults. 780 (

d) Section 782.04, relating to murder. 781 (

e) Section 782.07, relating to manslaughter, aggravated 782 manslaughter of an elderly person or disabled adult, aggravated 783

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 28 of 50 CODING: Words stricken are deletions; words underlined are additions. manslaughter of a child, or aggravated manslaughter of an 784 officer, a firefighter, an emergency medical technician, or a 785 paramedic. 786 (

f) Section 784.021, relating to aggravated assault. 787 (

g) Section 784.045, relating to aggravated battery. 788 (

h) Section 784.075, relating to battery on a detention or 789 commitment facility staff member or a juvenile probation 790 officer. 791 (

i) Section 787.01, relating to kidnapping. 792 (

j) Section 787.02, relating to false imprisonment. 793 (

k) Section 787.025, relating to luring or enticing a 794 child. 795 (

l) Section 787.04(2), relating to leading, taking, 796 enticing, or removing a minor beyond the state limits, or 797 concealing the location of a minor, with criminal intent pending 798 custody proceedings. 799 (

m) Section 787.04(3), relating to leading, taking, 800 enticing, or removing a minor beyond the state limits, or 801 concealing the location of a minor, with criminal intent pending 802 dependency proceedings or proceedings concerning alleged abuse 803 or neglect of a minor. 804 (

n) Section 790.115(1), relating to exhibiting firearms or 805 weapons at a school-sponsored event, on school property, or 806 within 1,000 feet of a school. 807 (

o) Section 790.115(2)(b), relating to possessing an 808 electric weapon or device, destructive device, or other weapon 809 at a school-sponsored event or on school property. 810 (

p) Section 794.011, relating to sexual battery. 811 (

q) Former s. 794.041, relating to sexual activity with or 812

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 29 of 50 CODING: Words stricken are deletions; words underlined are additions. solicitation of a child by a person in familial or custodial 813 authority. 814 (

r) Section 794.05, relating to unlawful sexual activity 815 with certain minors. 816 (

s) Section 794.08, relating to female genital mutilation. 817 (

t) Chapter 796, relating to prostitution. 818 (

u) Chapter 800, relating to lewdness and indecent 819 exposure. 820 (

v) Section 800.101, relating to offenses against students 821 by authority figures. 822 (

w) Section 806.01, relating to arson. 823 (

x) Section 810.14, relating to voyeurism. 824 (

y) Section 810.145, relating to video voyeurism. 825 (

z) Section 812.014(6), relating to coordinating the 826 commission of theft in excess of $3,000. 827 (aa)

Section 812.0145, relating to theft from persons 65 828 years of age or older. 829 (bb)

Section 812.019, relating to dealing in stolen 830 property. 831 (cc)

Section 812.13, relating to robbery. 832 (dd)

Section 812.131, relating to robbery by sudden 833 snatching. 834 (ee)

Section 812.133, relating to carjacking. 835 (ff)

Section 812.135, relating to home-invasion robbery. 836 (gg)

Section 817.563, relating to fraudulent sale of 837 controlled substances. 838 (hh)

Section 825.102, relating to abuse, aggravated abuse, 839 or neglect of an elderly person or disabled adult. 840 (ii)

Section 825.103, relating to exploitation of an 841

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 30 of 50 CODING: Words stricken are deletions; words underlined are additions. elderly person or disabled adult. 842 (jj)

Section 825.1025, relating to lewd or lascivious 843 offenses committed upon or in the presence of an elderly person 844 or disabled person. 845 (kk)

Section 826.04, relating to incest. 846 (ll)

Section 827.03, relating to child abuse, aggravated 847 child abuse, or neglect of a child. 848 (mm)

Section 827.04, relating to contributing to the 849 delinquency or dependency of a child. 850 (nn)

Section 827.071, relating to sexual performance by a 851 child. 852 (oo)

Section 843.01, relating to resisting arrest with 853 violence. 854 (pp)

Chapter 847, relating to obscenity. 855 (qq)

Section 874.05, relating to causing, encouraging, 856 soliciting, or recruiting another to join a criminal street 857 gang. 858 (rr)

Chapter 893, relating to drug abuse prevention and 859 control, if the offense was a felony of the second degree or 860 greater severity. 861 (ss)

Section 916.1075, relating to sexual misconduct with 862 certain forensic clients and reporting of such sexual 863 misconduct. 864 (tt)

Section 944.47, relating to introduction, removal, or 865 possession of contraband at a correctional facility. 866 (uu)

Section 985.701, relating to sexual misconduct in 867 juvenile justice programs. 868 (vv)

Section 985.711, relating to introduction, removal, or 869 possession of contraband at a juvenile detention facility or 870

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 31 of 50 CODING: Words stricken are deletions; words underlined are additions. commitment program. 871

(2) Any misdemeanor offense prohibited under any of the 872 following statutes: 873 (

a) Section 784.03, relating to battery, if the victim of 874 the offense was a minor. 875 (

b) Section 787.025, relating to luring or enticing a 876 child. 877

(3) Any criminal act committed in another state or under 878 federal law which, if committed in this state, constitutes an 879 offense prohibited under any statute listed in subsection (1) or 880 subsection (2). 881

(4) Any delinquent act committed in this state or any 882 delinquent or criminal act committed in another state or under 883 federal law which, if committed in this state, qualifies an 884 individual for inclusion on the Registered Juvenile Sex Offender 885 List under s. 943.0435(1)(h)1.d. 886

Section 9. Paragraph (

a) of subsection (2) and paragraph 887 (

b) of subsection (3) of

section 1012.32, Florida Statutes, are 888 amended to read: 889 1012.32 Qualifications of personnel.— 890 (2)(

a) Instructional and noninstructional personnel who are 891 hired or contracted to fill positions that require direct 892 contact with students in any district school system, virtual 893 instruction program, or university lab school must, upon 894 employment or engagement to provide services, undergo background 895 screening as required under s. 1012.465 or s. 1012.56, whichever 896 is applicable. A district school board may not require employees 897 or contractual personnel of a virtual instruction provider 898 approved pursuant to s. 1002.45(2) to undergo additional 899

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 32 of 50 CODING: Words stricken are deletions; words underlined are additions. background screening. 900 901 Fingerprints shall be submitted to the Department of Law 902 Enforcement for statewide criminal and juvenile records checks 903 and to the Federal Bureau of Investigation for federal criminal 904 records checks.

A person subject to this subsection who is found 905 ineligible for employment under s. 1012.315, or otherwise found 906 through background screening to have been convicted of any crime 907 involving moral turpitude as defined by rule of the State Board 908 of Education, shall not be employed, engaged to provide 909 services, or serve in any position that requires direct contact 910 with students. Probationary persons subject to this subsection 911 terminated because of their criminal record have the right to 912 appeal such decisions.

The cost of the background screening may 913 be borne by the district school board, the charter school, the 914 employee, the contractor, or a person subject to this 915 subsection.

A district school board shall reimburse a charter 916 school the cost of background screening if it does not notify 917 the charter school of the eligibility of a governing board 918 member or instructional or noninstructional personnel within the 919 earlier of 14 days after receipt of the background screening 920 results from the Florida Department of Law Enforcement or 30 921 days of submission of fingerprints by the governing board member 922 or instructional or noninstructional personnel. 923 (3) 924 (

b) The Department of Law Enforcement shall search all 925 arrest fingerprints received under s. 943.051 against the 926 fingerprints retained in the statewide automated biometric 927 identification system under paragraph (a). Any arrest record 928

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 33 of 50 CODING: Words stricken are deletions; words underlined are additions. that is identified with the retained fingerprints of a person 929 subject to the background screening under this

section shall be 930 reported to the employing or contracting school district, 931 virtual instruction provider approved pursuant to s. 1002.45(2), 932 or the school district with which the person is affiliated.

All 933 school districts and approved virtual instruction providers are 934 Each school district is required to participate in this search 935 process by payment of an annual fee to the Department of Law 936 Enforcement and by informing the Department of Law Enforcement 937 of any change in the affiliation, employment, or contractual 938 status or place of affiliation, employment, or contracting of 939 its instructional and noninstructional personnel whose 940 fingerprints are retained under paragraph (a).

The Department of 941 Law Enforcement shall adopt a rule setting the amount of the 942 annual fee to be imposed upon each school district and approved 943 virtual instruction provider for performing these searches and 944 establishing the procedures for the retention of instructional 945 and noninstructional personnel fingerprints and the 946 dissemination of search results. The fee may be borne by the 947 district school board, the approved virtual instruction 948 provider, the contractor, or the person fingerprinted. 949

Section 10. Subsection (1) of

section 1012.795, Florida 950 Statutes, is amended to read: 951 1012.795 Education Practices Commission; authority to 952 discipline.— 953

(1) The Education Practices Commission may suspend the 954 educator certificate of any instructional personnel or school 955 administrator, as defined in s. 1012.01(2) or (3), for up to 5 956 years, thereby denying that person the right to teach or 957

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 34 of 50 CODING: Words stricken are deletions; words underlined are additions. otherwise be employed by a district school board or public 958 school in any capacity requiring direct contact with students 959 for that period of time, after which the person may return to 960 teaching as provided in subsection (4); may revoke the educator 961 certificate of any person, thereby denying that person the right 962 to teach or otherwise be employed by a district school board or 963 public school in any capacity requiring direct contact with 964 students for up to 10 years, with reinstatement subject to 965 subsection (4); may permanently revoke the educator certificate 966 of any person thereby denying that person the right to teach or 967 otherwise be employed by a district school board or public 968 school in any capacity requiring direct contact with students; 969 may suspend a person’s educator certificate, upon an order of 970 the court or notice by the Department of Revenue relating to the 971 payment of child support; may direct the department to place 972 employees or contractual personnel of any public school, charter 973 school, charter school governing board, or private school that 974 participates in a state scholarship program under

chapter 1002 975 on the disqualification list maintained by the department 976 pursuant to s. 1001.10(4)(

b) for misconduct that would render 977 the person ineligible pursuant to s. 1012.315; or may impose any 978 other penalty provided by law, if the person: 979 (

a) Obtained or attempted to obtain an educator certificate 980 by fraudulent means. 981 (

b) Knowingly failed to report actual or suspected child 982 abuse as required in s. 1006.061 or report alleged misconduct by 983 instructional personnel or school administrators which affects 984 the health, safety, or welfare of a student as required in s. 985 1012.796. 986

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 35 of 50 CODING: Words stricken are deletions; words underlined are additions. (

c) Has proved to be incompetent to teach or to perform 987 duties as an employee of the public school system or to teach in 988 or to operate a private school. 989 (

d) Has been guilty of gross immorality or

an act involving 990 moral turpitude as defined by rule of the State Board of 991 Education, including engaging in or soliciting sexual, romantic, 992 or lewd conduct with a student or minor. 993 (

e) Has had an educator certificate or other professional 994 license sanctioned by this or any other state or has had the 995 authority to practice the regulated profession revoked, 996 suspended, or otherwise acted against, including a denial of 997 certification or licensure, by the licensing or certifying 998 authority of any jurisdiction, including its agencies and 999 subdivisions.

The licensing or certifying authority’s acceptance 1000 of a relinquishment, stipulation, consent order, or other 1001 settlement offered in response to or in anticipation of the 1002 filing of charges against the licensee or certificateholder 1003 shall be construed as action against the license or certificate. 1004 For purposes of this section, a sanction or action against a 1005 professional license, a certificate, or an authority to practice 1006 a regulated profession must relate to being an educator or the 1007 fitness of or ability to be an educator. 1008 (

f) Has been convicted or found guilty of, has had 1009 adjudication withheld for, or has pled guilty or nolo contendere 1010 to a misdemeanor, felony, or any other criminal charge, other 1011 than a minor traffic violation. 1012 (

g) Upon investigation, has been found guilty of personal 1013 conduct that seriously reduces that person’s effectiveness as an 1014 employee of the district school board. 1015

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h) Has breached a contract, as provided in s. 1012.33(2) 1016 or s. 1012.335. 1017 (

i) Has been the subject of a court order or notice by the 1018 Department of Revenue pursuant to s. 409.2598 directing the 1019 Education Practices Commission to suspend the certificate as a 1020 result of noncompliance with a child support order, a subpoena, 1021 an order to show cause, or a written agreement with the 1022 Department of Revenue. 1023 (

j) Has violated the Principles of Professional Conduct for 1024 the Education Profession prescribed by State Board of Education 1025 rules. 1026 (

k) Has otherwise violated the provisions of law, the 1027 penalty for which is the revocation of the educator certificate. 1028 (

l) Has violated any order of the Education Practices 1029 Commission. 1030 (

m) Has been the subject of a court order or plea agreement 1031 in any jurisdiction which requires the certificateholder to 1032 surrender or otherwise relinquish his or her educator’s 1033 certificate. A surrender or relinquishment shall be for 1034 permanent revocation of the certificate. A person may not 1035 surrender or otherwise relinquish his or her certificate prior 1036 to a finding of probable cause by the commissioner as provided 1037 in s. 1012.796. 1038 (

n) Has been disqualified from educator certification under 1039 s. 1012.315. 1040 (

o) Has committed a third recruiting offense as determined 1041 by the Florida High School Athletic Association (FHSAA) pursuant 1042 to s. 1006.20(2)(b). 1043 (

p) Has violated test security as provided in s. 1008.24. 1044

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 37 of 50 CODING: Words stricken are deletions; words underlined are additions.

Section

Section 1012.796, Florida Statutes, is amended 1045 to read: 1046 1012.796 Complaints against educational support employees, 1047 teachers, and administrators; procedure; penalties.— 1048 (1)(

a) The Department of Education shall cause to be 1049 investigated expeditiously any complaint filed before it or 1050 otherwise called to its attention which, if legally sufficient, 1051 contains grounds for the revocation or suspension of a 1052 certificate or any other appropriate penalty as set forth in 1053 subsection (7). The complaint is legally sufficient if it 1054 contains the ultimate facts that which show a violation has 1055 occurred as provided in s. 1012.795 and defined by rule of the 1056 State Board of Education.

The department shall investigate or 1057 continue to investigate and take appropriate action on a 1058 complaint even though the original complainant withdraws the 1059 complaint or otherwise indicates a desire not to cause it to be 1060 investigated or prosecuted to completion.

The department may 1061 investigate or continue to investigate and take action on a 1062 complaint filed against a person whose educator certificate has 1063 expired if the act or acts that are the basis for the complaint 1064 were allegedly committed while that person possessed an educator 1065 certificate and may not issue a new certificate to such person 1066 unless an investigation has been completed. 1067 (

b) The department shall immediately investigate any 1068 legally sufficient complaint that involves misconduct by any 1069 certificated personnel which affects the health, safety, or 1070 welfare of a student, giving the complaint priority over other 1071 pending complaints. The department must investigate or continue 1072 to investigate and take action on such a complaint filed against 1073

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 38 of 50 CODING: Words stricken are deletions; words underlined are additions. a person whose educator certificate has expired if the act or 1074 acts that are the basis for the complaint were allegedly 1075 committed while that person possessed an educator certificate. 1076 (

c) When an investigation is undertaken, the department 1077 shall notify the certificateholder or applicant for 1078 certification and the district school superintendent or the 1079 university laboratory school, charter school, or private school 1080 in which the certificateholder or applicant for certification is 1081 employed or was employed at the time the alleged offense 1082 occurred.

In addition, the department shall inform the 1083 certificateholder or applicant for certification of the 1084 substance of any complaint that which has been filed against 1085 that certificateholder or applicant, unless the department 1086 determines that such notification would be detrimental to the 1087 investigation, in which case the department may withhold 1088 notification. 1089 (d)1.

Each school district shall file in writing with the 1090 department all legally sufficient complaints within 30 days 1091 after the date on which subject matter of the complaint comes to 1092 the attention of the school district, regardless of whether the 1093 subject of the complaint is still an employee of the school 1094 district.

A complaint is legally sufficient if it contains 1095 ultimate facts that show a violation has occurred as provided in 1096 s. 1012.795 and defined by rule of the State Board of Education. 1097 The school district shall include all information relating to 1098 the complaint which is known to the school district at the time 1099 of filing. 1100 2. A school district shall immediately notify the 1101 department if the subject of a legally sufficient complaint of 1102

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 39 of 50 CODING: Words stricken are deletions; words underlined are additions. misconduct affecting the health, safety, or welfare of a student 1103 resigns or is terminated before the conclusion of the school 1104 district’s investigation. Upon receipt of the notification, the 1105 department shall place an alert on the person’s certification 1106 file indicating that he or she resigned or was terminated before 1107 an investigation involving allegations of misconduct affecting 1108 the health, safety, or welfare of a student was concluded.

In 1109 such circumstances, the database may not include specific 1110 information relating to the alleged misconduct until permitted 1111 by subsection (4). This subparagraph does not limit or restrict 1112 the duty of the district school board to investigate the 1113 complaint and misconduct and report the findings and conclusion 1114 to the department. 1115 3. Each district school board or superintendent, charter 1116 school governing board, approved virtual instruction provider, 1117 and private school that participates in a state scholarship 1118 program under

chapter 1002 shall immediately report to the 1119 Department of Education an arrest or conviction of educational 1120 support employees, administrative or instructional personnel, or 1121 school officials for an offense that reflects a risk of harm to 1122 the health, safety, or welfare of a student or would render the 1123 person ineligible pursuant to s. 1012.315, as determined by 1124 state board rule adopted pursuant to this section.

The same 1125 reporting requirements apply to a substantiated allegation of 1126 such misconduct by educational support employees, administrative 1127 or instructional personnel, or school officials, regardless of 1128 whether the accused person has been arrested or convicted in 1129 relation to the misconduct. 1130 4.3. Each district school board shall develop and adopt 1131

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 40 of 50 CODING: Words stricken are deletions; words underlined are additions. policies and procedures to comply with this reporting 1132 requirement.

School board policies and procedures must include 1133 standards for screening, hiring, and terminating educational 1134 support employees, instructional personnel, and school 1135 administrators, as defined in s. 1012.01; standards of ethical 1136 conduct for educational support employees, instructional 1137 personnel, and school administrators; the duties of educational 1138 support employees, instructional personnel, and school 1139 administrators for upholding the standards; detailed procedures 1140 for reporting alleged misconduct by educational support 1141 employees, instructional personnel, and school administrators 1142 which affects the health, safety, or welfare of a student; 1143 requirements for the reassignment of educational support 1144 employees, instructional personnel, and or school administrators 1145 pending the outcome of a misconduct investigation; and penalties 1146 for failing to comply with s. 1001.51 or s. 1012.795.

The 1147 district school board policies and procedures must shall include 1148 appropriate penalties for all personnel of the district school 1149 board for nonreporting and procedures for promptly informing the 1150 district school superintendent of each legally sufficient 1151 complaint.

The district school superintendent is charged with 1152 knowledge of these policies and procedures and is accountable 1153 for the training of all educational support employees, 1154 instructional personnel, and school administrators of the school 1155 district on the standards of ethical conduct, policies, and 1156 procedures. 1157 5.4. If the district school superintendent has knowledge of 1158 a legally sufficient complaint and does not report the 1159 complaint, or fails to enforce the policies and procedures of 1160

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 41 of 50 CODING: Words stricken are deletions; words underlined are additions. the district school board, and fails to comply with the 1161 requirements of this subsection, in addition to other actions 1162 against certificateholders authorized by law, the district 1163 school superintendent is subject to penalties as specified in s. 1164 1001.51(12). 1165 6.5.

If the superintendent determines that misconduct by 1166 educational support employees, instructional personnel, or 1167 school administrators who hold an educator certificate affects 1168 the health, safety, or welfare of a student and the misconduct 1169 warrants termination, the educational support employees, 1170 instructional personnel, or school administrators may resign or 1171 be terminated, and the superintendent must report the misconduct 1172 to the department in the format prescribed by the department. 1173 The department shall place such educational support employees, 1174 instructional personnel, or school administrators on the 1175 disqualification list maintained by the department pursuant to 1176 s. 1001.10(4)(b).

The department shall maintain each report of 1177 misconduct as a public record in the educational support 1178 employees’, instructional personnel’s, or school administrators’ 1179 certification files. This paragraph does not limit or restrict 1180 the power and duty of the department to investigate complaints 1181 regarding certificated personnel, regardless of the school 1182 district’s untimely filing, or failure to file, complaints and 1183 followup reports. This subparagraph does not create a duty for 1184 the department to investigate complaints regarding noncertified 1185 personnel. 1186 (

e) If allegations arise against an employee who is 1187 certified under s. 1012.56 and employed in an educator-1188 certificated position in any public school, charter school or 1189

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 42 of 50 CODING: Words stricken are deletions; words underlined are additions. governing board thereof, or private school that accepts 1190 scholarship students who participate in a state scholarship 1191 program under

chapter 1002, the school shall file in writing 1192 with the department a legally sufficient complaint within 30 1193 days after the date on which the subject matter of the complaint 1194 came to the attention of the school, regardless of whether the 1195 subject of the allegations is still an employee of the school. A 1196 complaint is legally sufficient if it contains ultimate facts 1197 that show a violation has occurred as provided in s. 1012.795 1198 and defined by rule of the State Board of Education.

The school 1199 shall include all known information relating to the complaint 1200 with the filing of the complaint. This paragraph does not limit 1201 or restrict the power and duty of the department to investigate 1202 complaints, regardless of the school’s untimely filing, or 1203 failure to file, complaints and followup reports.

A school 1204 described in this paragraph shall immediately notify the 1205 department if the subject of a legally sufficient complaint of 1206 misconduct affecting the health, safety, or welfare of a student 1207 resigns or is terminated before the conclusion of the school’s 1208 investigation. Upon receipt of the notification, the department 1209 shall place an alert on the person’s certification file 1210 indicating that he or she resigned or was terminated before an 1211 investigation involving allegations of misconduct affecting the 1212 health, safety, or welfare of a student was concluded.

In such 1213 circumstances, the database may not include specific information 1214 relating to the alleged misconduct until permitted by subsection 1215 (4). 1216 (

f) Notwithstanding any other law, all law enforcement 1217 agencies, state attorneys, social service agencies, district 1218

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 43 of 50 CODING: Words stricken are deletions; words underlined are additions. school boards, and the Division of Administrative Hearings shall 1219 fully cooperate with and, upon request, shall provide unredacted 1220 documents to the Department of Education to further 1221 investigations and prosecutions conducted pursuant to this 1222 section. Any document received may not be redisclosed except as 1223 authorized by law. 1224

(2) The Commissioner of Education shall develop job 1225 specifications for investigative personnel employed by the 1226 department. Such specifications shall be substantially 1227 equivalent to or greater than those job specifications of 1228 investigative personnel employed by the Department of Business 1229 and Professional Regulation. The department may contract with 1230 the Department of Business and Professional Regulation for 1231 investigations. No person who is responsible for conducting an 1232 investigation of a teacher or administrator may prosecute the 1233 same case. The department general counsel or members of that 1234 staff may conduct prosecutions under this section. 1235

(3) The department staff shall advise the commissioner 1236 concerning the findings of the investigation and of all 1237 referrals by the Florida High School Athletic Association 1238 (FHSAA) pursuant to ss. 1006.20(2)(

b) and 1012.795. The 1239 department general counsel or members of that staff shall review 1240 the investigation or the referral and advise the commissioner 1241 concerning probable cause or lack thereof. The determination of 1242 probable cause shall be made by the commissioner. The 1243 commissioner shall provide an opportunity for a conference, if 1244 requested, prior to determining probable cause. The commissioner 1245 may enter into deferred prosecution agreements in lieu of 1246 finding probable cause if, in his or her judgment, such 1247

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 44 of 50 CODING: Words stricken are deletions; words underlined are additions. agreements are in the best interests of the department, the 1248 certificateholder, and the public. Such deferred prosecution 1249 agreements shall become effective when filed with the clerk of 1250 the Education Practices Commission. However, a deferred 1251 prosecution agreement may not be entered into if there is 1252 probable cause to believe that a felony or

an act of moral 1253 turpitude, as defined by rule of the State Board of Education, 1254 has occurred, or for referrals by the FHSAA. Upon finding no 1255 probable cause, the commissioner shall dismiss the complaint and 1256 may issue a letter of guidance to the certificateholder. 1257

(4) The complaint and all information obtained pursuant to 1258 the investigation by the department shall be confidential and 1259 exempt from the provisions of s. 119.07(1) until the conclusion 1260 of the preliminary investigation of the complaint, until such 1261 time as the preliminary investigation ceases to be active, or 1262 until such time as otherwise provided by s. 1012.798(6). 1263 However, the complaint and all material assembled during the 1264 investigation may be inspected and copied by the 1265 certificateholder under investigation, or the 1266 certificateholder’s designee, after the investigation is 1267 concluded, but prior to the determination of probable cause by 1268 the commissioner.

If the preliminary investigation is concluded 1269 with the finding that there is no probable cause to proceed, the 1270 complaint and information shall be open thereafter to inspection 1271 pursuant to s. 119.07(1). If the preliminary investigation is 1272 concluded with the finding that there is probable cause to 1273 proceed and a complaint is filed pursuant to subsection (6), the 1274 complaint and information shall be open thereafter to inspection 1275 pursuant to s. 119.07(1). If the preliminary investigation 1276

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 45 of 50 CODING: Words stricken are deletions; words underlined are additions. ceases to be active, the complaint and all such material shall 1277 be open thereafter to inspection pursuant to s. 119.07(1), 1278 except as otherwise provided pursuant to s. 1012.798(6). For the 1279 purpose of this subsection, a preliminary investigation shall be 1280 considered active as long as it is continuing with a reasonable, 1281 good faith anticipation that an administrative finding will be 1282 made in the foreseeable future. 1283

(5) When an allegation of misconduct by educational support 1284 employees, instructional personnel, or school administrators, as 1285 defined in s. 1012.01, is received, if the alleged misconduct 1286 affects the health, safety, or welfare of a student, the 1287 district school superintendent in consultation with the school 1288 principal, or upon the request of the Commissioner of Education, 1289 must immediately suspend the educational support employees, 1290 instructional personnel, or school administrators from regularly 1291 assigned duties, with pay, and reassign the suspended employees, 1292 personnel, or administrators to positions that do not require 1293 direct contact with students in the district school system.

Such 1294 suspension shall continue until the completion of the 1295 proceedings and the determination of sanctions, if any, pursuant 1296 to this

section and s. 1012.795. 1297

(6) Upon the finding of probable cause, the commissioner 1298 shall file a formal complaint and prosecute the complaint 1299 pursuant to the provisions of

chapter 120. An administrative law 1300 judge shall be assigned by the Division of Administrative 1301 Hearings of the Department of Management Services to hear the 1302 complaint if there are disputed issues of material fact. The 1303 administrative law judge shall make recommendations in 1304 accordance with the provisions of subsection (7) to the 1305

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 46 of 50 CODING: Words stricken are deletions; words underlined are additions. appropriate Education Practices Commission panel which shall 1306 conduct a formal review of such recommendations and other 1307 pertinent information and issue a final order. The commission 1308 shall consult with its legal counsel prior to issuance of a 1309 final order. 1310

(7) A panel of the commission shall enter a final order 1311 either dismissing the complaint or imposing one or more of the 1312 following penalties: 1313 (

a) Denial of an application for a certificate or for an 1314 administrative or supervisory endorsement on a teaching 1315 certificate. The denial may provide that the applicant may not 1316 reapply for certification, and that the department may refuse to 1317 consider that applicant’s application, for a specified period of 1318 time or permanently. 1319 (

b) Revocation or suspension of a certificate. 1320 (

c) Imposition of an administrative fine not to exceed 1321 $2,000 for each count or separate offense. 1322 (

d) Placement of the teacher, administrator, or supervisor 1323 on probation for a period of time and subject to such conditions 1324 as the commission may specify, including requiring the certified 1325 teacher, administrator, or supervisor to complete additional 1326 appropriate college courses or work with another certified 1327 educator, with the administrative costs of monitoring the 1328 probation assessed to the educator placed on probation. An 1329 educator who has been placed on probation shall, at a minimum: 1330 1.

Immediately notify the investigative office in the 1331 Department of Education upon employment or separation from 1332 employment in any public or private position requiring a Florida 1333 educator’s certificate. 1334

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 47 of 50 CODING: Words stricken are deletions; words underlined are additions. 2. Have his or her immediate supervisor submit annual 1335 performance reports to the investigative office in the 1336 Department of Education. 1337 3. Pay to the commission within the first 6 months of each 1338 probation year the administrative costs of monitoring probation 1339 assessed to the educator. 1340 4. Violate no law and fully comply with all district school 1341 board policies, school rules, and State Board of Education 1342 rules. 1343 5.

Satisfactorily perform his or her assigned duties in a 1344 competent, professional manner. 1345 6. Bear all costs of complying with the terms of a final 1346 order entered by the commission. 1347 (

e) Restriction of the authorized scope of practice of the 1348 teacher, administrator, or supervisor. 1349 (

f) Reprimand of the teacher, administrator, or supervisor 1350 in writing, with a copy to be placed in the certification file 1351 of such person. 1352 (

g) Imposition of an administrative sanction, upon a person 1353 whose teaching certificate has expired, for

an act or acts 1354 committed while that person possessed a teaching certificate or 1355 an expired certificate subject to late renewal, which sanction 1356 bars that person from applying for a new certificate for a 1357 period of 10 years or less, or permanently. 1358 (

h) Refer the teacher, administrator, or supervisor to the 1359 recovery network program provided in s. 1012.798 under such 1360 terms and conditions as the commission may specify. 1361 (

i) Direct the department to place educational support 1362 employees, instructional personnel, or school administrators on 1363

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 48 of 50 CODING: Words stricken are deletions; words underlined are additions. the disqualification list maintained by the department pursuant 1364 to s. 1001.10(4)(

b) for conduct that would render the person 1365 ineligible pursuant to s. 1012.315. 1366 1367 The penalties imposed under this subsection are in addition to, 1368 and not in lieu of, the penalties required for a third 1369 recruiting offense pursuant to s. 1006.20(2)(b). 1370

(8) Violations of the provisions of a final order shall 1371 result in an order to show cause issued by the clerk of the 1372 Education Practices Commission if requested by the Department of 1373 Education. Upon failure of the educator, at the time and place 1374 stated in the order, to show cause satisfactorily to the 1375 Education Practices Commission why a penalty for violating the 1376 provisions of a final order should not be imposed, the Education 1377 Practices Commission shall impose whatever penalty is 1378 appropriate as established in s. 1012.795(6).

The Department of 1379 Education shall prosecute the individual ordered to show cause 1380 before the Education Practices Commission. The Department of 1381 Education and the individual may enter into a settlement 1382 agreement, which shall be presented to the Education Practices 1383 Commission for consideration.

Any probation period will be 1384 tolled when an order to show cause has been issued until the 1385 issue is resolved by the Education Practices Commission; 1386 however, the other terms and conditions of the final order shall 1387 be in full force and effect until changed by the Education 1388 Practices Commission. 1389

(9) All moneys collected by, or awarded to, the commission 1390 as fees, fines, penalties, or costs shall be deposited into the 1391 Educational Certification and Service Trust Fund pursuant to s. 1392

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 49 of 50 CODING: Words stricken are deletions; words underlined are additions. 1012.59. 1393

(10) Persons included on the disqualification list 1394 maintained by the department pursuant to s. 1001.10(4)(

b) may 1395 not serve or apply to serve as employees or contractual 1396 personnel at any public school or private school participating 1397 in a state scholarship program under

chapter 1002. A person who 1398 knowingly violates this subsection, or an employer who knowingly 1399 hires a person in violation of this subsection, commits a felony 1400 of the third degree, punishable as provided in s. 775.082 or s. 1401 775.083. 1402

Section

Section 1012.797, Florida Statutes, is amended 1403 to read: 1404 1012.797 Notification by law enforcement of district school 1405 superintendent of certain charges against or convictions of 1406 employees.— 1407

(1) Notwithstanding the provisions of s. 985.04(7) or any 1408 other provision of law to the contrary, a law enforcement agency 1409 shall, within 48 hours, notify the appropriate district school 1410 superintendent, charter school governing board, or private 1411 school owner or administrator, as applicable, of the name and 1412 address of any employee or contractor of the school district, 1413 charter school, or private school, as applicable, who is charged 1414 with a felony or with a misdemeanor involving the abuse of a 1415 minor child or the sale or possession of a controlled substance. 1416 The notification shall include the specific charge for which the 1417 employee or contractor of the school district was arrested.

Such 1418 notification shall include other education providers such as the 1419 Florida School for the Deaf and the Blind, university lab 1420 schools, and private elementary and secondary schools. 1421

Florida Senate - 2021 SB 1864 8-01134-21 20211864__ Page 50 of 50 CODING: Words stricken are deletions; words underlined are additions.

(2) Except to the extent necessary to protect the health, 1422 safety, and welfare of other students, the information obtained 1423 by the district school superintendent pursuant to this

section 1424 may be released only to appropriate school personnel or as 1425 otherwise provided by law. 1426

Section 13. This act shall take effect July 1, 2021. 1427