Bill Text: FL S1204 | 2014 | Regular Session | Introduced
Bill Title: Background Screening
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-05-02 - Died in Education [S1204 Detail]
Download: Florida-2014-S1204-Introduced.html
Florida Senate - 2014 SB 1204
By Senator Montford
3-01185-14 20141204__
1 A bill to be entitled
2 An act relating to background screening; amending s.
3 1002.45, F.S.; revising the requirement relating to
4 background screening of instructional personnel in
5 virtual instruction programs; amending s. 1012.315,
6 F.S.; providing additional offenses that determine
7 ineligibility for educator certification or employment
8 in a position that requires direct contact with
9 students; amending s. 1012.32, F.S.; revising
10 requirements for the retention, search, and reporting
11 of fingerprints of school personnel; providing for
12 Department of Law Enforcement participation in the
13 national retained print arrest notification program;
14 providing for fees; amending s. 1012.465, F.S.;
15 providing background screening requirements for
16 contractors and instructional personnel in virtual
17 instruction programs; requiring a fingerprint-based
18 criminal history check; providing requirements for
19 submission, retention, search, and reporting of
20 fingerprints; providing for fees; amending s.
21 1012.467, F.S.; requiring the fingerprints of certain
22 noninstructional contractors to be enrolled in the
23 national retained print arrest notification program;
24 requiring arrest fingerprints to be searched against
25 state and federal retained fingerprints; providing for
26 fees; amending s. 1012.56, F.S.; revising provisions
27 relating to background rescreening for educator
28 certification; amending s. 1012.797, F.S.; revising
29 provisions relating to notification to education
30 providers of charges against school district
31 employees; reenacting ss. 1001.42(7), 1002.33(12)(g),
32 1002.36(7)(g), 1002.421(4)(a), 1012.32(1) and (2),
33 1012.56(10)(a) and (c), and 1012.795(1)(n), F.S.,
34 relating to district school board powers and duties,
35 charter schools, the Florida School for the Deaf and
36 the Blind, the accountability of private schools
37 participating in state school choice scholarship
38 programs, qualifications of personnel, educator
39 certification requirements, and Education Practices
40 Commission authority to discipline, respectively, to
41 incorporate the amendment made to s. 1012.315, F.S.,
42 in references thereto; providing an effective date.
43
44 Be It Enacted by the Legislature of the State of Florida:
45
46 Section 1. Paragraph (a) of subsection (2) of section
47 1002.45, Florida Statutes, is amended to read:
48 1002.45 Virtual instruction programs.—
49 (2) PROVIDER QUALIFICATIONS.—
50 (a) The department shall annually publish online a list of
51 providers approved to offer virtual instruction programs. To be
52 approved by the department, a provider must document that it:
53 1. Is nonsectarian in its programs, admission policies,
54 employment practices, and operations.;
55 2. Complies with the antidiscrimination provisions of s.
56 1000.05.;
57 3. Locates an administrative office or offices in this
58 state.,
59 4. Requires its administrative staff to be state
60 residents.,
61 5. Requires all instructional staff to be Florida-certified
62 teachers under chapter 1012. and
63 6. Submits a signed affidavit under penalty of perjury
64 stating that all instructional personnel have undergone conducts
65 background screening screenings for all employees or contracted
66 personnel, as required by s. 1012.465 1012.32, using state and
67 national criminal history records.;
68 7.4. Provides to parents and students specific information
69 posted and accessible online that includes, but is not limited
70 to, the following teacher-parent and teacher-student contact
71 information for each course:
72 a. How to contact the instructor via phone, e-mail, or
73 online messaging tools.
74 b. How to contact technical support via phone, e-mail, or
75 online messaging tools.
76 c. How to contact the administration office via phone, e
77 mail, or online messaging tools.
78 d. Any requirement for regular contact with the instructor
79 for the course and clear expectations for meeting the
80 requirement.
81 e. The requirement that the instructor in each course must,
82 at a minimum, conduct one contact via phone with the parent and
83 the student each month.;
84 8.5. Possesses prior, successful experience offering online
85 courses to elementary, middle, or high school students as
86 demonstrated by quantified student learning gains in each
87 subject area and grade level provided for consideration as an
88 instructional program option. However, for a provider without
89 sufficient prior, successful experience offering online courses,
90 the department may conditionally approve the provider to offer
91 courses measured pursuant to subparagraph (8)(a)2. Conditional
92 approval shall be valid for 1 school year only and, based on the
93 provider’s experience in offering the courses, the department
94 shall determine whether to grant approval to offer a virtual
95 instruction program.;
96 9.6. Is accredited by a regional accrediting association as
97 defined by State Board of Education rule.;
98 10.7. Ensures instructional and curricular quality through
99 a detailed curriculum and student performance accountability
100 plan that addresses every subject and grade level it intends to
101 provide through contract with the school district, including:
102 a. Courses and programs that meet the standards of the
103 International Association for K-12 Online Learning and the
104 Southern Regional Education Board.
105 b. Instructional content and services that align with, and
106 measure student attainment of, student proficiency in the Next
107 Generation Sunshine State Standards.
108 c. Mechanisms that determine and ensure that a student has
109 satisfied requirements for grade level promotion and high school
110 graduation with a standard diploma, as appropriate.;
111 11.8. Publishes for the general public, in accordance with
112 disclosure requirements adopted in rule by the State Board of
113 Education, as part of its application as a provider and in all
114 contracts negotiated pursuant to this section:
115 a. Information and data about the curriculum of each full
116 time and part-time program.
117 b. School policies and procedures.
118 c. Certification status and physical location of all
119 administrative and instructional personnel.
120 d. Hours and times of availability of instructional
121 personnel.
122 e. Student-teacher ratios.
123 f. Student completion and promotion rates.
124 g. Student, educator, and school performance accountability
125 outcomes.;
126 12.9. If the provider is a Florida College System
127 institution, employs instructors who meet the certification
128 requirements for instructional staff under chapter 1012.; and
129 13.10. Performs an annual financial audit of its accounts
130 and records conducted by an independent certified public
131 accountant which is in accordance with rules adopted by the
132 Auditor General, is conducted in compliance with generally
133 accepted auditing standards, and includes a report on financial
134 statements presented in accordance with generally accepted
135 accounting principles.
136 Section 2. Section 1012.315, Florida Statutes, is amended
137 to read:
138 1012.315 Disqualification from employment.—A person is
139 ineligible for educator certification, and instructional
140 personnel and school administrators, as defined in s. 1012.01,
141 are ineligible for employment in any position that requires
142 direct contact with students in a district school system,
143 charter school, or private school that accepts scholarship
144 students under s. 1002.39 or s. 1002.395, if the person,
145 instructional personnel, or school administrator has been
146 convicted of:
147 (1) Any felony offense prohibited under any of the
148 following statutes:
149 (a) Section 39.205, relating to failure to report child
150 abuse, abandonment, or neglect.
151 (b)(a) Section 393.135, relating to sexual misconduct with
152 certain developmentally disabled clients and reporting of such
153 sexual misconduct.
154 (c)(b) Section 394.4593, relating to sexual misconduct with
155 certain mental health patients and reporting of such sexual
156 misconduct.
157 (d)(c) Section 415.111, relating to adult abuse, neglect,
158 or exploitation of aged persons or disabled adults.
159 (e) Section 775.085, relating to evidencing prejudice while
160 committing offense, if reclassified as a felony.
161 (f)(d) Section 782.04, relating to murder.
162 (g) Section 782.051, relating to attempted felony murder.
163 (h)(e) Section 782.07, relating to manslaughter, aggravated
164 manslaughter of an elderly person or disabled adult, aggravated
165 manslaughter of a child, or aggravated manslaughter of an
166 officer, a firefighter, an emergency medical technician, or a
167 paramedic.
168 (i) Section 782.09(1), relating to killing of unborn quick
169 child by injury to mother.
170 (j)(f) Section 784.021, relating to aggravated assault.
171 (k)(g) Section 784.045, relating to aggravated battery.
172 (l)(h) Section 784.075, relating to battery on a detention
173 or commitment facility staff member or a juvenile probation
174 officer.
175 (m)(i) Section 787.01, relating to kidnapping.
176 (n)(j) Section 787.02, relating to false imprisonment.
177 (o)(k) Section 787.025, relating to luring or enticing a
178 child.
179 (p)(l) Section 787.04(2), relating to leading, taking,
180 enticing, or removing a minor beyond the state limits, or
181 concealing the location of a minor, with criminal intent pending
182 custody proceedings.
183 (q)(m) Section 787.04(3), relating to leading, taking,
184 enticing, or removing a minor beyond the state limits, or
185 concealing the location of a minor, with criminal intent pending
186 dependency proceedings or proceedings concerning alleged abuse
187 or neglect of a minor.
188 (r) Section 787.06, relating to human trafficking.
189 (s)(n) Section 790.115(1), relating to exhibiting firearms
190 or weapons at a school-sponsored event, on school property, or
191 within 1,000 feet of a school.
192 (t)(o) Section 790.115(2)(b), relating to possessing an
193 electric weapon or device, destructive device, or other weapon
194 at a school-sponsored event or on school property.
195 (u) Section 790.166, relating to weapons of mass
196 destruction.
197 (v)(p) Section 794.011, relating to sexual battery.
198 (w)(q) Former s. 794.041, relating to sexual activity with
199 or solicitation of a child by a person in familial or custodial
200 authority.
201 (x)(r) Section 794.05, relating to unlawful sexual activity
202 with certain minors.
203 (y)(s) Section 794.08, relating to female genital
204 mutilation.
205 (z)(t) Chapter 796, relating to prostitution.
206 (aa)(u) Chapter 800, relating to lewdness and indecent
207 exposure.
208 (bb)(v) Section 806.01, relating to arson.
209 (cc)(w) Section 810.14, relating to voyeurism.
210 (dd)(x) Section 810.145, relating to video voyeurism.
211 (ee)(y) Section 812.014(6), relating to coordinating the
212 commission of theft in excess of $3,000.
213 (ff)(z) Section 812.0145, relating to theft from persons 65
214 years of age or older.
215 (gg)(aa) Section 812.019, relating to dealing in stolen
216 property.
217 (hh)(bb) Section 812.13, relating to robbery.
218 (ii)(cc) Section 812.131, relating to robbery by sudden
219 snatching.
220 (jj)(dd) Section 812.133, relating to carjacking.
221 (kk)(ee) Section 812.135, relating to home-invasion
222 robbery.
223 (ll)(ff) Section 817.563, relating to fraudulent sale of
224 controlled substances.
225 (mm)(gg) Section 825.102, relating to abuse, aggravated
226 abuse, or neglect of an elderly person or disabled adult.
227 (nn)(hh) Section 825.103, relating to exploitation of an
228 elderly person or disabled adult.
229 (oo)(ii) Section 825.1025, relating to lewd or lascivious
230 offenses committed upon or in the presence of an elderly person
231 or disabled person.
232 (pp)(jj) Section 826.04, relating to incest.
233 (qq)(kk) Section 827.03, relating to child abuse,
234 aggravated child abuse, or neglect of a child.
235 (rr)(ll) Section 827.04, relating to contributing to the
236 delinquency or dependency of a child.
237 (ss)(mm) Section 827.071, relating to sexual performance by
238 a child.
239 (tt) Section 838.015, relating to bribery.
240 (uu)(nn) Section 843.01, relating to resisting arrest with
241 violence.
242 (vv)(oo) Chapter 847, relating to obscenity.
243 (ww) Section 859.01, relating to poisoning food or water.
244 (xx)(pp) Section 874.05, relating to causing, encouraging,
245 soliciting, or recruiting another to join a criminal street
246 gang.
247 (yy) Section 876.32, relating to treason.
248 (zz)(qq) Chapter 893, relating to drug abuse prevention and
249 control, if the offense was a felony of the second degree or
250 greater severity.
251 (aaa)(rr) Section 916.1075, relating to sexual misconduct
252 with certain forensic clients and reporting of such sexual
253 misconduct.
254 (bbb)(ss) Section 944.47, relating to introduction,
255 removal, or possession of contraband at a correctional facility.
256 (ccc)(tt) Section 985.701, relating to sexual misconduct in
257 juvenile justice programs.
258 (ddd)(uu) Section 985.711, relating to introduction,
259 removal, or possession of contraband at a juvenile detention
260 facility or commitment program.
261 (2) Any misdemeanor offense prohibited under any of the
262 following statutes:
263 (a) Section 784.03, relating to battery, if the victim of
264 the offense was a minor.
265 (b) Section 787.025, relating to luring or enticing a
266 child.
267 (3) Any criminal act committed in another state or under
268 federal law which, if committed in this state, constitutes an
269 offense prohibited under any statute listed in subsection (1) or
270 subsection (2).
271 (4) Any delinquent act committed in this state or any
272 delinquent or criminal act committed in another state or under
273 federal law which, if committed in this state, qualifies an
274 individual for inclusion on the Registered Juvenile Sex Offender
275 List under s. 943.0435(1)(a)1.d.
276 Section 3. Subsection (3) of section 1012.32, Florida
277 Statutes, is amended to read:
278 1012.32 Qualifications of personnel.—
279 (3)(a) All fingerprints submitted to The Department of Law
280 Enforcement as required by subsection (2) shall retain the
281 fingerprints submitted for a criminal history background
282 screening be retained by the Department of Law Enforcement in a
283 manner provided by rule, enter the fingerprints and entered in
284 the statewide automated biometric identification system
285 authorized by s. 943.05(2)(b), and enroll the fingerprints in
286 the national retained print arrest notification program.
287 Fingerprints may not be enrolled in the national retained print
288 arrest notification program until the Department of Law
289 Enforcement begins participation with the Federal Bureau of
290 Investigation. Arrest fingerprints must be searched against the
291 retained prints by the Department of Law Enforcement and the
292 Federal Bureau of Investigation to comply with the reporting
293 requirements of paragraph (b). Individuals whose fingerprints
294 were retained by the Department of Law Enforcement before its
295 participation in the national retained print arrest notification
296 program must be enrolled in the program within 2 years after the
297 department begins participation with payment of the fee
298 established by the Federal Bureau of Investigation. Such
299 fingerprints shall thereafter be available for arrest
300 notifications required by paragraph (b) and all purposes and
301 uses authorized for arrest fingerprints entered in the statewide
302 automated biometric identification system pursuant to s.
303 943.051.
304 (b) The Department of Law Enforcement shall search all
305 arrest fingerprints received under s. 943.051 against the
306 fingerprints retained in the statewide automated biometric
307 identification system under paragraph (a). An Any arrest record
308 that is identified with the retained fingerprints of a person
309 subject to the background screening under this section, either
310 by the Department of Law Enforcement or the Federal Bureau of
311 Investigation, shall be reported to the employing or contracting
312 school district or the school district with which the person is
313 affiliated. Each school district is required to participate in
314 this search process by payment of a state an annual fee and a
315 federal subscription fee to the Department of Law Enforcement
316 and by informing the Department of Law Enforcement of any change
317 in the affiliation, employment, or contractual status or place
318 of affiliation, employment, or contracting of its instructional
319 and noninstructional personnel whose fingerprints are retained
320 under paragraph (a). The Department of Law Enforcement shall
321 adopt by a rule setting the amount of the fees annual fee to be
322 imposed upon each school district for performing these searches
323 and establishing the procedures for the retention of
324 instructional and noninstructional personnel fingerprints and
325 the dissemination of search results. The fees fee may be borne
326 by the district school board, the contractor, or the person
327 fingerprinted.
328 (c) Personnel whose fingerprints are not retained by the
329 Department of Law Enforcement under paragraphs (a) and (b) must
330 be refingerprinted and rescreened in accordance with subsection
331 (2) upon reemployment or reengagement to provide services in
332 order to comply with the requirements of this subsection.
333 Section 4. Section 1012.465, Florida Statutes, is amended
334 to read:
335 1012.465 Background screening requirements for certain
336 noninstructional school district employees and contractors and
337 certain instructional personnel.—
338 (1) Except as provided in s. 1012.467 or s. 1012.468,
339 noninstructional school district employees or contractual
340 personnel who are permitted access on school grounds when
341 students are present, who have direct contact with students or
342 who have access to or control of school funds, and instructional
343 personnel who are hired or contracted to fill positions with a
344 provider approved to offer virtual instruction pursuant to s.
345 1002.45, must meet the background level 2 screening requirements
346 prescribed as described in subsection (2) s. 1012.32.
347 Contractual personnel shall include any vendor, individual, or
348 entity under contract with a school or the school board.
349 (2) An individual described in subsection (1) must be of
350 good moral character, must not be ineligible under s. 1012.315,
351 and must, when required by law, hold a certificate or license
352 issued under rules of the State Board of Education or the
353 Department of Children and Families, except when employed
354 pursuant to s. 1012.55 or under the emergency provisions of s.
355 1012.24. Previous residence in this state is not required as a
356 prerequisite for any individual holding a valid Florida
357 certificate or license to serve in an instructional capacity.
358 (3) A fingerprint-based criminal history check shall be
359 performed on each individual described in subsection (1) at
360 least once every 5 years. For the initial criminal history
361 check, the individual shall submit a complete set of
362 fingerprints taken by any authorized law enforcement agency, any
363 employee trained to take fingerprints for any school district or
364 public school, or any private company authorized to take
365 fingerprints under s. 943.053(13). The fingerprints shall be
366 electronically submitted for state processing to the Department
367 of Law Enforcement, which in turn shall submit the fingerprints
368 to the Federal Bureau of Investigation for national processing.
369 The results of each criminal history check shall be reported to
370 the school district in which the individual seeks access and
371 entered into the shared system described in s. 1012.467(7).
372 (4) The Department of Law Enforcement shall retain the
373 fingerprints submitted for a criminal history check in a manner
374 provided by rule, enter the fingerprints in the statewide
375 automated biometric identification system authorized by s.
376 943.05(2)(b), and enroll the fingerprints in the national
377 retained print arrest notification program in accordance with s.
378 1012.32(3). Arrest fingerprints must be searched against the
379 retained prints by the Department of Law Enforcement and the
380 Federal Bureau of Investigation to comply with the reporting
381 requirements of subsection (5).
382 (5) An arrest record that is identified with the retained
383 fingerprints of a person subject to the criminal history check
384 under this section, either by the Department of Law Enforcement
385 or the Federal Bureau of Investigation, shall be reported to
386 each school district in which the person seeks access.
387 Participation in the search process is subject to a state annual
388 fee established in rule by the Department of Law Enforcement and
389 a federal subscription fee established by the Federal Bureau of
390 Investigation. A fee that is charged by a school district for
391 such checks may not exceed 30 percent of the total amount
392 charged by the Department of Law Enforcement and the Federal
393 Bureau of Investigation. The fees may be borne by the district
394 school board, the contractor, or the person who is
395 fingerprinted.
396 (6) An individual subject to this section shall inform a
397 school district if a criminal history check was completed in
398 another school district within the past 5 years. The school
399 district shall verify the results of the individual’s criminal
400 history check using the shared system described in s.
401 1012.467(7). The school district may not charge a fee for
402 verifying the results of the criminal history check.
403 (2) Every 5 years following employment or entry into a
404 contract in a capacity described in subsection (1), each person
405 who is so employed or under contract with the school district
406 must meet level 2 screening requirements as described in s.
407 1012.32, at which time the school district shall request the
408 Department of Law Enforcement to forward the fingerprints to the
409 Federal Bureau of Investigation for the level 2 screening. If,
410 for any reason following employment or entry into a contract in
411 a capacity described in subsection (1), the fingerprints of a
412 person who is so employed or under contract with the school
413 district are not retained by the Department of Law Enforcement
414 under s. 1012.32(3)(a) and (b), the person must file a complete
415 set of fingerprints with the district school superintendent of
416 the employing or contracting school district. Upon submission of
417 fingerprints for this purpose, the school district shall request
418 the Department of Law Enforcement to forward the fingerprints to
419 the Federal Bureau of Investigation for the level 2 screening,
420 and the fingerprints shall be retained by the Department of Law
421 Enforcement under s. 1012.32(3)(a) and (b). The cost of the
422 state and federal criminal history check required by level 2
423 screening may be borne by the district school board, the
424 contractor, or the person fingerprinted. Under penalty of
425 perjury, each person who is employed or under contract in a
426 capacity described in subsection (1) must agree to inform his or
427 her employer or the party with whom he or she is under contract
428 within 48 hours if convicted of any disqualifying offense while
429 he or she is employed or under contract in that capacity.
430 (7)(3) If it is found that a person who is employed or
431 under contract in a capacity described in subsection (1) has
432 been arrested for a disqualifying offense specified in s.
433 1012.315 does not meet the level 2 requirements, the person
434 shall be immediately suspended from working in that capacity and
435 shall remain suspended until final resolution of any appeals.
436 Section 5. Paragraphs (b) through (e) of subsection (2) of
437 section 1012.467, Florida Statutes, are amended to read:
438 1012.467 Noninstructional contractors who are permitted
439 access to school grounds when students are present; background
440 screening requirements.—
441 (2)
442 (b) As authorized by law, The Department of Law Enforcement
443 shall retain the fingerprints submitted by the school districts
444 pursuant to this subsection to the Department of Law Enforcement
445 for a criminal history background screening in a manner provided
446 by rule, and enter the fingerprints in the statewide automated
447 biometric identification system authorized by s. 943.05(2)(b),
448 and enroll the fingerprints in the national retained print
449 arrest notification program in accordance with s. 1012.32(3).
450 The fingerprints shall thereafter be available for arrest
451 notifications required by paragraph (c) and all purposes and
452 uses authorized for arrest fingerprints entered in into the
453 statewide automated biometric identification system pursuant to
454 under s. 943.051. Arrest fingerprints must be searched against
455 the retained prints by the Department of Law Enforcement and the
456 Federal Bureau of Investigation to comply with the reporting
457 requirements of paragraph (c).
458 (c) An arrest record that is identified with the retained
459 fingerprints of a person subject to the background screening
460 under this section, either by the Department of Law Enforcement
461 or the Federal Bureau of Investigation, shall be reported to
462 each school district in which the person seeks access. As
463 authorized by law, the Department of Law Enforcement shall
464 search all arrest fingerprints received under s. 943.051 against
465 the fingerprints retained in the statewide automated biometric
466 identification system under paragraph (b).
467 (d) Participation in the search process is subject to a
468 state fee established in rule by the Department of Law
469 Enforcement and a federal subscription fee established by the
470 Federal Bureau of Investigation School districts may participate
471 in the search process described in this subsection by paying an
472 annual fee to the Department of Law Enforcement.
473 (e) A fingerprint retained pursuant to this subsection
474 shall be purged from the automated biometric identification
475 system 5 years following the date the fingerprint was initially
476 submitted. The Department of Law Enforcement shall set the
477 amount of the annual fee to be imposed upon each participating
478 agency for performing these searches and establishing the
479 procedures for retaining fingerprints and disseminating search
480 results. The fee may be borne as provided by law. Fees may be
481 waived or reduced by the executive director of the Department of
482 Law Enforcement for good cause shown.
483 Section 6. Paragraph (b) of subsection (10) of section
484 1012.56, Florida Statutes, is amended to read:
485 1012.56 Educator certification requirements.—
486 (10) BACKGROUND SCREENING REQUIRED, INITIALLY AND
487 PERIODICALLY.—
488 (b) A person may not receive a certificate under this
489 chapter until the person’s screening under s. 1012.32 is
490 completed and the results have been submitted to the Department
491 of Education or to the district school superintendent of the
492 school district that employs the person. Every 5 years after
493 obtaining initial certification, each person who is required to
494 be certified under this chapter and whose fingerprints have not
495 been enrolled in the national retained print arrest notification
496 program in accordance with s. 1012.32(3) must be rescreened in
497 accordance with s. 1012.32, at which time the school district
498 shall request the Department of Law Enforcement to forward the
499 fingerprints to the Federal Bureau of Investigation for federal
500 criminal records checks. If, for any reason after obtaining
501 initial certification, the fingerprints of a person who is
502 required to be certified under this chapter are not retained by
503 the Department of Law Enforcement under s. 1012.32(3)(a) and
504 (b), the person must file a complete set of fingerprints with
505 the district school superintendent of the employing school
506 district. Upon submission of fingerprints for this purpose, the
507 school district shall request the Department of Law Enforcement
508 to forward the fingerprints to the Federal Bureau of
509 Investigation for federal criminal records checks, and the
510 fingerprints shall be retained by the Department of Law
511 Enforcement under s. 1012.32(3)(a) and (b). The cost of the
512 state and federal criminal history checks required by paragraph
513 (a) and this paragraph may be borne by the district school board
514 or the employee. Under penalty of perjury, each person who is
515 certified under this chapter must agree to inform his or her
516 employer within 48 hours if convicted of any disqualifying
517 offense while he or she is employed in a position for which such
518 certification is required.
519 Section 7. Subsection (1) of section 1012.797, Florida
520 Statutes, is amended to read:
521 1012.797 Notification of district school superintendent of
522 certain charges against or convictions of employees.—
523 (1) Notwithstanding the provisions of s. 985.04(7) or any
524 other provision of law to the contrary, a law enforcement agency
525 shall, within 48 hours, notify the appropriate district school
526 superintendent of the name and address of any employee of the
527 school district who is charged with a felony or with a
528 misdemeanor specified in s. 1012.315; any other crime involving
529 the abuse of a minor child or the sale or possession of a
530 controlled substance; or with any act that would qualify the
531 employee for inclusion on the Registered Juvenile Sex Offender
532 List under s. 943.0435(1)(a)1.d. The notification shall include
533 the specific charge for which the employee of the school
534 district was arrested. Such notification shall include other
535 education providers such as the Florida School for the Deaf and
536 the Blind, the Florida Virtual School, university lab schools,
537 charter schools, providers of virtual instruction pursuant to s.
538 1002.45, and private elementary and secondary schools.
539 Section 8. For the purpose of incorporating the amendment
540 made by this act to section 1012.315, Florida Statutes, in a
541 reference thereto, subsection (7) of section 1001.42, Florida
542 Statutes, is reenacted to read:
543 1001.42 Powers and duties of district school board.—The
544 district school board, acting as a board, shall exercise all
545 powers and perform all duties listed below:
546 (7) DISQUALIFICATION FROM EMPLOYMENT.—Disqualify
547 instructional personnel and school administrators, as defined in
548 s. 1012.01, from employment in any position that requires direct
549 contact with students if the personnel or administrators are
550 ineligible for such employment under s. 1012.315. An elected or
551 appointed school board official forfeits his or her salary for 1
552 year if:
553 (a) The school board official knowingly signs and transmits
554 to any state official a report of alleged misconduct by
555 instructional personnel or school administrators which affects
556 the health, safety, or welfare of a student and the school board
557 official knows the report to be false or incorrect; or
558 (b) The school board official knowingly fails to adopt
559 policies that require instructional personnel and school
560 administrators to report alleged misconduct by other
561 instructional personnel and school administrators, or that
562 require the investigation of all reports of alleged misconduct
563 by instructional personnel and school administrators, if the
564 misconduct affects the health, safety, or welfare of a student.
565 Section 9. For the purpose of incorporating the amendment
566 made by this act to section 1012.315, Florida Statutes, in a
567 reference thereto, paragraph (g) of subsection (12) of section
568 1002.33, Florida Statutes, is reenacted to read:
569 1002.33 Charter schools.—
570 (12) EMPLOYEES OF CHARTER SCHOOLS.—
571 (g)1. A charter school shall employ or contract with
572 employees who have undergone background screening as provided in
573 s. 1012.32. Members of the governing board of the charter school
574 shall also undergo background screening in a manner similar to
575 that provided in s. 1012.32.
576 2. A charter school shall disqualify instructional
577 personnel and school administrators, as defined in s. 1012.01,
578 from employment in any position that requires direct contact
579 with students if the personnel or administrators are ineligible
580 for such employment under s. 1012.315.
581 3. The governing board of a charter school shall adopt
582 policies establishing standards of ethical conduct for
583 instructional personnel and school administrators. The policies
584 must require all instructional personnel and school
585 administrators, as defined in s. 1012.01, to complete training
586 on the standards; establish the duty of instructional personnel
587 and school administrators to report, and procedures for
588 reporting, alleged misconduct by other instructional personnel
589 and school administrators which affects the health, safety, or
590 welfare of a student; and include an explanation of the
591 liability protections provided under ss. 39.203 and 768.095. A
592 charter school, or any of its employees, may not enter into a
593 confidentiality agreement regarding terminated or dismissed
594 instructional personnel or school administrators, or personnel
595 or administrators who resign in lieu of termination, based in
596 whole or in part on misconduct that affects the health, safety,
597 or welfare of a student, and may not provide instructional
598 personnel or school administrators with employment references or
599 discuss the personnel’s or administrators’ performance with
600 prospective employers in another educational setting, without
601 disclosing the personnel’s or administrators’ misconduct. Any
602 part of an agreement or contract that has the purpose or effect
603 of concealing misconduct by instructional personnel or school
604 administrators which affects the health, safety, or welfare of a
605 student is void, is contrary to public policy, and may not be
606 enforced.
607 4. Before employing instructional personnel or school
608 administrators in any position that requires direct contact with
609 students, a charter school shall conduct employment history
610 checks of each of the personnel’s or administrators’ previous
611 employers, screen the instructional personnel or school
612 administrators through use of the educator screening tools
613 described in s. 1001.10(5), and document the findings. If unable
614 to contact a previous employer, the charter school must document
615 efforts to contact the employer.
616 5. The sponsor of a charter school that knowingly fails to
617 comply with this paragraph shall terminate the charter under
618 subsection (8).
619 Section 10. For the purpose of incorporating the amendment
620 made by this act to section 1012.315, Florida Statutes, in a
621 reference thereto, paragraph (g) of subsection (7) of section
622 1002.36, Florida Statutes, is reenacted to read:
623 1002.36 Florida School for the Deaf and the Blind.—
624 (7) PERSONNEL SCREENING.—
625 (g) For purposes of protecting the health, safety, or
626 welfare of students, the Florida School for the Deaf and the
627 Blind is considered a school district and must, except as
628 otherwise provided in this section, comply with ss. 1001.03,
629 1001.42, 1001.51, 1006.061, 1012.27, 1012.315, 1012.32, 1012.33,
630 1012.56, 1012.795, and 1012.796.
631 Section 11. For the purpose of incorporating the amendment
632 made by this act to section 1012.315, Florida Statutes, in a
633 reference thereto, paragraph (a) of subsection (4) of section
634 1002.421, Florida Statutes, is reenacted to read:
635 1002.421 Accountability of private schools participating in
636 state school choice scholarship programs.—
637 (4) A private school that accepts scholarship students
638 under s. 1002.39 or s. 1002.395 must:
639 (a) Disqualify instructional personnel and school
640 administrators, as defined in s. 1012.01, from employment in any
641 position that requires direct contact with students if the
642 personnel or administrators are ineligible for such employment
643 under s. 1012.315.
644
645 The department shall suspend the payment of funds under ss.
646 1002.39 and 1002.395 to a private school that knowingly fails to
647 comply with this subsection, and shall prohibit the school from
648 enrolling new scholarship students, for 1 fiscal year and until
649 the school complies.
650 Section 12. For the purpose of incorporating the amendment
651 made by this act to section 1012.315, Florida Statutes, in
652 references thereto, subsections (1) and (2) of section 1012.32,
653 Florida Statutes, are reenacted to read:
654 1012.32 Qualifications of personnel.—
655 (1) To be eligible for appointment in any position in any
656 district school system, a person must be of good moral
657 character; must have attained the age of 18 years, if he or she
658 is to be employed in an instructional capacity; must not be
659 ineligible for such employment under s. 1012.315; and must, when
660 required by law, hold a certificate or license issued under
661 rules of the State Board of Education or the Department of
662 Children and Family Services, except when employed pursuant to
663 s. 1012.55 or under the emergency provisions of s. 1012.24.
664 Previous residence in this state shall not be required in any
665 school of the state as a prerequisite for any person holding a
666 valid Florida certificate or license to serve in an
667 instructional capacity.
668 (2)(a) Instructional and noninstructional personnel who are
669 hired or contracted to fill positions that require direct
670 contact with students in any district school system or
671 university lab school must, upon employment or engagement to
672 provide services, undergo background screening as required under
673 s. 1012.465 or s. 1012.56, whichever is applicable.
674 (b) Instructional and noninstructional personnel who are
675 hired or contracted to fill positions in any charter school and
676 members of the governing board of any charter school, in
677 compliance with s. 1002.33(12)(g), must, upon employment,
678 engagement of services, or appointment, undergo background
679 screening as required under s. 1012.465 or s. 1012.56, whichever
680 is applicable, by filing with the district school board for the
681 school district in which the charter school is located a
682 complete set of fingerprints taken by an authorized law
683 enforcement agency or an employee of the school or school
684 district who is trained to take fingerprints.
685 (c) Instructional and noninstructional personnel who are
686 hired or contracted to fill positions that require direct
687 contact with students in an alternative school that operates
688 under contract with a district school system must, upon
689 employment or engagement to provide services, undergo background
690 screening as required under s. 1012.465 or s. 1012.56, whichever
691 is applicable, by filing with the district school board for the
692 school district to which the alternative school is under
693 contract a complete set of fingerprints taken by an authorized
694 law enforcement agency or an employee of the school or school
695 district who is trained to take fingerprints.
696 (d) Student teachers and persons participating in a field
697 experience pursuant to s. 1004.04(5) or s. 1004.85 in any
698 district school system, lab school, or charter school must, upon
699 engagement to provide services, undergo background screening as
700 required under s. 1012.56.
701
702 Fingerprints shall be submitted to the Department of Law
703 Enforcement for statewide criminal and juvenile records checks
704 and to the Federal Bureau of Investigation for federal criminal
705 records checks. A person subject to this subsection who is found
706 ineligible for employment under s. 1012.315, or otherwise found
707 through background screening to have been convicted of any crime
708 involving moral turpitude as defined by rule of the State Board
709 of Education, shall not be employed, engaged to provide
710 services, or serve in any position that requires direct contact
711 with students. Probationary persons subject to this subsection
712 terminated because of their criminal record have the right to
713 appeal such decisions. The cost of the background screening may
714 be borne by the district school board, the charter school, the
715 employee, the contractor, or a person subject to this
716 subsection.
717 Section 13. For the purpose of incorporating the amendment
718 made by this act to section 1012.315, Florida Statutes, in
719 references thereto, paragraphs (a) and (c) of subsection (10) of
720 section 1012.56, Florida Statutes, are reenacted to read:
721 1012.56 Educator certification requirements.—
722 (10) BACKGROUND SCREENING REQUIRED, INITIALLY AND
723 PERIODICALLY.—
724 (a) Each person who seeks certification under this chapter
725 must be fingerprinted and screened in accordance with s. 1012.32
726 and must not be ineligible for such certification under s.
727 1012.315. A person who has been screened in accordance with s.
728 1012.32 by a district school board or the Department of
729 Education within 12 months before the date the person initially
730 obtains certification under this chapter, the results of which
731 are submitted to the district school board or to the Department
732 of Education, is not required to repeat the screening under this
733 paragraph.
734 (c) If it is found under s. 1012.796 that a person who is
735 employed in a position requiring certification under this
736 chapter has not been screened in accordance with s. 1012.32, or
737 is ineligible for such certification under s. 1012.315, the
738 person’s certification shall be immediately revoked or suspended
739 and he or she shall be immediately suspended from the position
740 requiring certification.
741 Section 14. For the purpose of incorporating the amendment
742 made by this act to section 1012.315, Florida Statutes, in a
743 reference thereto, paragraph (n) of subsection (1) of section
744 1012.795, Florida Statutes, is reenacted to read:
745 1012.795 Education Practices Commission; authority to
746 discipline.—
747 (1) The Education Practices Commission may suspend the
748 educator certificate of any person as defined in s. 1012.01(2)
749 or (3) for up to 5 years, thereby denying that person the right
750 to teach or otherwise be employed by a district school board or
751 public school in any capacity requiring direct contact with
752 students for that period of time, after which the holder may
753 return to teaching as provided in subsection (4); may revoke the
754 educator certificate of any person, thereby denying that person
755 the right to teach or otherwise be employed by a district school
756 board or public school in any capacity requiring direct contact
757 with students for up to 10 years, with reinstatement subject to
758 the provisions of subsection (4); may revoke permanently the
759 educator certificate of any person thereby denying that person
760 the right to teach or otherwise be employed by a district school
761 board or public school in any capacity requiring direct contact
762 with students; may suspend the educator certificate, upon an
763 order of the court or notice by the Department of Revenue
764 relating to the payment of child support; or may impose any
765 other penalty provided by law, if the person:
766 (n) Has been disqualified from educator certification under
767 s. 1012.315.
768 Section 15. This act shall take effect July 1, 2014.
