Bill Text: FL S1756 | 2018 | Regular Session | Comm Sub
Bill Title: School Accountability
Spectrum: Bipartisan Bill
Status: (Failed) 2018-03-10 - Died in Appropriations [S1756 Detail]
Download: Florida-2018-S1756-Comm_Sub.html
Florida Senate - 2018 CS for SB 1756
By the Committee on Education; and Senator Simmons
581-02344-18 20181756c1
1 A bill to be entitled
2 An act relating to school accountability; amending s.
3 1001.10, F.S.; revising the private schools to which
4 the Department of Education is required to provide
5 technical assistance and authorized staff; amending s.
6 1002.20, F.S.; updating terminology; amending s.
7 1002.385, F.S.; revising requirements for private
8 schools that participate in the Gardiner Scholarship
9 Program; specifying that the failure or refusal,
10 rather than the inability of, a private school to meet
11 certain requirements constitutes a basis for program
12 ineligibility; amending s. 1002.39, F.S.; revising the
13 purpose of department site visits at private schools
14 participating in the John M. McKay Scholarships for
15 Students with Disabilities Program; authorizing the
16 department to make followup site visits at any time to
17 certain private schools; requiring participating
18 private schools to provide a specified report from an
19 independent certified public accountant under certain
20 circumstances; specifying that the failure or refusal,
21 rather than the inability of, a private school to meet
22 certain requirements constitutes a basis for program
23 ineligibility; amending s. 1002.395, F.S.; revising
24 obligations of eligible nonprofit scholarship-funding
25 organizations participating in the Florida Tax Credit
26 Scholarship Program; specifying that the failure or
27 refusal, rather than the inability of, a private
28 school to meet certain requirements constitutes a
29 basis for program ineligibility; revising the purpose
30 of department site visits at private schools
31 participating in the Florida Tax Credit Scholarship
32 Program; authorizing the department to make followup
33 site visits at any time to certain private schools;
34 amending s. 1002.421, F.S.; requiring a private school
35 to employ or contract with teachers who meet certain
36 qualifications and provide information about such
37 qualifications to the department and parents; revising
38 the conditions under which a private school employee
39 may be exempted from background screening
40 requirements; specifying that a private school is
41 ineligible to participate in certain scholarship
42 programs under certain circumstances; requiring the
43 department to annually visit certain private schools;
44 authorizing the department to make certain follow-up
45 site visits at any time; requiring the Division of
46 State Fire Marshal to annually provide the department
47 with fire safety inspection reports for certain
48 private schools; requiring that certain private
49 schools provide the department with a report from an
50 independent certified public accountant under certain
51 circumstances; amending s. 1006.061, F.S.; revising
52 the applicability of certain child abuse, abandonment,
53 and neglect provisions; amending s. 1012.315, F.S.;
54 revising the applicability of certain provisions
55 related to disqualification from employment for the
56 conviction of specified offenses; amending s.
57 1012.796, F.S.; revising the applicability of a
58 requirement that certain private schools file
59 specified reports with the department for certain
60 allegations against its employees; providing an
61 effective date.
62
63 Be It Enacted by the Legislature of the State of Florida:
64
65 Section 1. Subsections (4) and (5) of section 1001.10,
66 Florida Statutes, are amended to read:
67 1001.10 Commissioner of Education; general powers and
68 duties.—
69 (4) The Department of Education shall provide technical
70 assistance to school districts, charter schools, the Florida
71 School for the Deaf and the Blind, and private schools that
72 accept scholarship students under s. 1002.385, s. 1002.39, or s.
73 1002.395, or another state scholarship program under chapter
74 1002 in the development of policies, procedures, and training
75 related to employment practices and standards of ethical conduct
76 for instructional personnel and school administrators, as
77 defined in s. 1012.01.
78 (5) The Department of Education shall provide authorized
79 staff of school districts, charter schools, the Florida School
80 for the Deaf and the Blind, and private schools that accept
81 scholarship students under s. 1002.385, s. 1002.39, or s.
82 1002.395, or another state scholarship program under chapter
83 1002 with access to electronic verification of information from
84 the following employment screening tools:
85 (a) The Professional Practices’ Database of Disciplinary
86 Actions Against Educators; and
87 (b) The Department of Education’s Teacher Certification
88 Database.
89
90 This subsection does not require the department to provide these
91 staff with unlimited access to the databases. However, the
92 department shall provide the staff with access to the data
93 necessary for performing employment history checks of the
94 instructional personnel and school administrators included in
95 the databases.
96 Section 2. Paragraph (b) of subsection (6) of section
97 1002.20, Florida Statutes, is amended to read:
98 1002.20 K-12 student and parent rights.—Parents of public
99 school students must receive accurate and timely information
100 regarding their child’s academic progress and must be informed
101 of ways they can help their child to succeed in school. K-12
102 students and their parents are afforded numerous statutory
103 rights including, but not limited to, the following:
104 (6) EDUCATIONAL CHOICE.—
105 (b) Private educational choices.—Parents of public school
106 students may seek private educational choice options under
107 certain programs.
108 1. Under the McKay Scholarships for Students with
109 Disabilities Program, the parent of a public school student with
110 a disability may request and receive a McKay Scholarship for the
111 student to attend a private school in accordance with s.
112 1002.39.
113 2. Under the Florida Tax Credit Scholarship Program, the
114 parent of a student who qualifies for free or reduced-price
115 school lunch or who is currently placed, or during the previous
116 state fiscal year was placed, in foster care as defined in s.
117 39.01 may seek a scholarship from an eligible nonprofit
118 scholarship-funding organization in accordance with s. 1002.395.
119 3. Under the Gardiner Scholarship Program Florida Personal
120 Learning Scholarship Accounts Program, the parent of a student
121 with a qualifying disability may apply for a Gardiner personal
122 learning scholarship to be used for individual educational needs
123 in accordance with s. 1002.385.
124 Section 3. Subsection (8) of section 1002.385, Florida
125 Statutes, is amended to read:
126 1002.385 The Gardiner Scholarship.—
127 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
128 private school may be sectarian or nonsectarian and shall:
129 (a) Comply with all requirements for private schools
130 participating in state school choice scholarship programs
131 pursuant to s. 1002.421.
132 (b) Provide to the organization, upon request, all
133 documentation required for the student’s participation,
134 including the private school’s and student’s fee schedules.
135 (c) Be academically accountable to the parent for meeting
136 the educational needs of the student by:
137 1. At a minimum, annually providing to the parent a written
138 explanation of the student’s progress.
139 2. Annually administering or making provision for students
140 participating in the program in grades 3 through 10 to take one
141 of the nationally norm-referenced tests identified by the
142 Department of Education or the statewide assessments pursuant to
143 s. 1008.22. Students with disabilities for whom standardized
144 testing is not appropriate are exempt from this requirement. A
145 participating private school shall report a student’s scores to
146 the parent.
147 3. Cooperating with the scholarship student whose parent
148 chooses to have the student participate in the statewide
149 assessments pursuant to s. 1008.22 or, if a private school
150 chooses to offer the statewide assessments, administering the
151 assessments at the school.
152 a. A participating private school may choose to offer and
153 administer the statewide assessments to all students who attend
154 the private school in grades 3 through 10.
155 b. A participating private school shall submit a request in
156 writing to the Department of Education by March 1 of each year
157 in order to administer the statewide assessments in the
158 subsequent school year.
159 (d) Employ or contract with teachers who have regular and
160 direct contact with each student receiving a scholarship under
161 this section at the school’s physical location.
162 (e) Provide a report from an independent certified public
163 accountant who performs the agreed-upon procedures developed
164 under s. 1002.395(6)(o) if the private school receives more than
165 $250,000 in funds from scholarships awarded under this chapter
166 section in a state fiscal year. A private school subject to this
167 paragraph must annually submit the report by September 15 to the
168 organization that awarded the majority of the school’s
169 scholarship funds. The agreed-upon procedures must be conducted
170 in accordance with attestation standards established by the
171 American Institute of Certified Public Accountants.
172
173 If a private school fails or refuses is unable to meet the
174 requirements of this subsection or has consecutive years of
175 material exceptions listed in the report required under
176 paragraph (e), the commissioner may determine that the private
177 school is ineligible to participate in the program.
178 Section 4. Paragraph (f) of subsection (6) and subsection
179 (8) of section 1002.39, Florida Statutes, are amended to read:
180 1002.39 The John M. McKay Scholarships for Students with
181 Disabilities Program.—There is established a program that is
182 separate and distinct from the Opportunity Scholarship Program
183 and is named the John M. McKay Scholarships for Students with
184 Disabilities Program.
185 (6) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
186 shall:
187 (f)1. Conduct random site visits to private schools
188 participating in the John M. McKay Scholarships for Students
189 with Disabilities Program as authorized under s. 1002.421(7).
190 The purposes purpose of the site visits are is solely to verify
191 compliance with the provisions of subsection (7) aimed at
192 protecting the health, safety, and welfare of students and to
193 verify the information reported by the schools concerning the
194 enrollment and attendance of students, the credentials of
195 teachers, background screening of teachers, and teachers’
196 fingerprinting results, which information is required by rules
197 of the State Board of Education, subsection (8), and s.
198 1002.421. The Department of Education may not make followup more
199 than three random site visits at any time to any school that has
200 received a notice of noncompliance or a notice of proposed
201 action within the previous 2 years pursuant to subsection (7)
202 each year and may not make more than one random site visit each
203 year to the same private school.
204 2. Annually, by December 15, report to the Governor, the
205 President of the Senate, and the Speaker of the House of
206 Representatives the Department of Education’s actions with
207 respect to implementing accountability in the scholarship
208 program under this section and s. 1002.421, any substantiated
209 allegations or violations of law or rule by an eligible private
210 school under this program concerning the enrollment and
211 attendance of students, the credentials of teachers, background
212 screening of teachers, and teachers’ fingerprinting results and
213 the corrective action taken by the Department of Education.
214 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
215 eligible to participate in the John M. McKay Scholarships for
216 Students with Disabilities Program, a private school may be
217 sectarian or nonsectarian and must:
218 (a) Comply with all requirements for private schools
219 participating in state school choice scholarship programs
220 pursuant to s. 1002.421.
221 (b) Provide to the department all documentation required
222 for a student’s participation, including the private school’s
223 and student’s fee schedules, at least 30 days before any
224 quarterly scholarship payment is made for the student pursuant
225 to paragraph (11)(e). A student is not eligible to receive a
226 quarterly scholarship payment if the private school fails to
227 meet this deadline.
228 (c) Be academically accountable to the parent for meeting
229 the educational needs of the student by:
230 1. At a minimum, annually providing to the parent a written
231 explanation of the student’s progress.
232 2. Cooperating with the scholarship student whose parent
233 chooses to participate in the statewide assessments pursuant to
234 s. 1008.22.
235 (d) Maintain in this state a physical location where a
236 scholarship student regularly attends classes.
237 (e) If the private school that participates in a state
238 scholarship program under this chapter receives more than
239 $250,000 in funds from scholarships awarded under chapter 1002
240 in a state fiscal year, provide an annual report from an
241 independent certified public accountant who performs the agreed
242 upon procedures developed under s. 1002.395(6)(o). Such a
243 private school must annually submit the required report by
244 September 15 to the organization that awarded the majority of
245 the school’s scholarship funds. The agreed-upon procedures must
246 be conducted in accordance with attestation standards
247 established by the American Institute of Certified Public
248 Accountants.
249
250 The failure or refusal inability of a private school to meet the
251 requirements of this subsection shall constitute a basis for the
252 ineligibility of the private school to participate in the
253 scholarship program as determined by the department.
254 Section 5. Paragraph (o) of subsection (6), subsection (8),
255 and paragraph (n) of subsection (9) of section 1002.395, Florida
256 Statutes, are amended to read:
257 1002.395 Florida Tax Credit Scholarship Program.—
258 (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
259 ORGANIZATIONS.—An eligible nonprofit scholarship-funding
260 organization:
261 (o)1.a. Must participate in the joint development of
262 agreed-upon procedures to be performed by an independent
263 certified public accountant as required under paragraph (8)(e)
264 if the scholarship-funding organization provided more than
265 $250,000 in scholarship funds to an eligible private school
266 under this chapter section during the 2009-2010 state fiscal
267 year. The agreed-upon procedures must uniformly apply to all
268 private schools and must determine, at a minimum, whether the
269 private school has been verified as eligible by the Department
270 of Education under paragraph (9)(c); has an adequate accounting
271 system, system of financial controls, and process for deposit
272 and classification of scholarship funds; and has properly
273 expended scholarship funds for education-related expenses.
274 During the development of the procedures, the participating
275 scholarship-funding organizations shall specify guidelines
276 governing the materiality of exceptions that may be found during
277 the accountant’s performance of the procedures. The procedures
278 and guidelines shall be provided to private schools and the
279 Commissioner of Education by March 15, 2011.
280 b. Must participate in a joint review of the agreed-upon
281 procedures and guidelines developed under sub-subparagraph a.,
282 by February 2013 and biennially thereafter, if the scholarship
283 funding organization provided more than $250,000 in scholarship
284 funds to an eligible private school under this chapter section
285 during the state fiscal year preceding the biennial review. If
286 the procedures and guidelines are revised, the revisions must be
287 provided to private schools and the Commissioner of Education by
288 March 15, 2013, and biennially thereafter.
289 c. Must monitor the compliance of a private school with
290 paragraph (8)(e) if the scholarship-funding organization
291 provided the majority of the scholarship funding to the school.
292 For each private school subject to paragraph (8)(e), the
293 appropriate scholarship-funding organization shall notify the
294 Commissioner of Education by October 30, 2011, and annually
295 thereafter of:
296 (I) A private school’s failure to submit a report required
297 under paragraph (8)(e); or
298 (II) Any material exceptions set forth in the report
299 required under paragraph (8)(e).
300 2. Must seek input from the accrediting associations that
301 are members of the Florida Association of Academic Nonpublic
302 Schools when jointly developing the agreed-upon procedures and
303 guidelines under sub-subparagraph 1.a. and conducting a review
304 of those procedures and guidelines under sub-subparagraph 1.b.
305
306 Information and documentation provided to the Department of
307 Education and the Auditor General relating to the identity of a
308 taxpayer that provides an eligible contribution under this
309 section shall remain confidential at all times in accordance
310 with s. 213.053.
311 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
312 private school may be sectarian or nonsectarian and must:
313 (a) Comply with all requirements for private schools
314 participating in state school choice scholarship programs
315 pursuant to s. 1002.421.
316 (b) Provide to the eligible nonprofit scholarship-funding
317 organization, upon request, all documentation required for the
318 student’s participation, including the private school’s and
319 student’s fee schedules.
320 (c) Be academically accountable to the parent for meeting
321 the educational needs of the student by:
322 1. At a minimum, annually providing to the parent a written
323 explanation of the student’s progress.
324 2. Annually administering or making provision for students
325 participating in the scholarship program in grades 3 through 10
326 to take one of the nationally norm-referenced tests identified
327 by the Department of Education or the statewide assessments
328 pursuant to s. 1008.22. Students with disabilities for whom
329 standardized testing is not appropriate are exempt from this
330 requirement. A participating private school must report a
331 student’s scores to the parent. A participating private school
332 must annually report by August 15 the scores of all
333 participating students to the Learning System Institute
334 described in paragraph (9)(j).
335 3. Cooperating with the scholarship student whose parent
336 chooses to have the student participate in the statewide
337 assessments pursuant to s. 1008.22 or, if a private school
338 chooses to offer the statewide assessments, administering the
339 assessments at the school.
340 a. A participating private school may choose to offer and
341 administer the statewide assessments to all students who attend
342 the private school in grades 3 through 10.
343 b. A participating private school must submit a request in
344 writing to the Department of Education by March 1 of each year
345 in order to administer the statewide assessments in the
346 subsequent school year.
347 (d) Employ or contract with teachers who have regular and
348 direct contact with each student receiving a scholarship under
349 this section at the school’s physical location.
350 (e) Provide a report from an independent certified public
351 accountant who performs the agreed-upon procedures developed
352 under paragraph (6)(o) if the private school receives more than
353 $250,000 in funds from scholarships awarded under this chapter
354 section in a state fiscal year. A private school subject to this
355 paragraph must annually submit the report by September 15 to the
356 scholarship-funding organization that awarded the majority of
357 the school’s scholarship funds. The agreed-upon procedures must
358 be conducted in accordance with attestation standards
359 established by the American Institute of Certified Public
360 Accountants.
361
362 If a private school fails or refuses is unable to meet the
363 requirements of this subsection or has consecutive years of
364 material exceptions listed in the report required under
365 paragraph (e), the commissioner may determine that the private
366 school is ineligible to participate in the scholarship program
367 as determined by the Department of Education.
368 (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The Department of
369 Education shall:
370 (n)1. Conduct site visits to private schools participating
371 in the Florida Tax Credit Scholarship Program as authorized
372 under s. 1002.421(7). The purposes purpose of the site visits
373 are is solely to verify compliance with the provisions of
374 subsection (11) aimed at protecting the health, safety, and
375 welfare of students and to verify the information reported by
376 the schools concerning the enrollment and attendance of
377 students, the credentials of teachers, background screening of
378 teachers, and teachers’ fingerprinting results. The Department
379 of Education may not make more than seven site visits each year;
380 however, The department may make followup additional site visits
381 at any time to any school that, pursuant to subsection (11), has
382 received a notice of noncompliance or a notice of proposed
383 action within the previous 2 years.
384 2. Annually, by December 15, report to the Governor, the
385 President of the Senate, and the Speaker of the House of
386 Representatives the Department of Education’s actions with
387 respect to implementing accountability in the scholarship
388 program under this section and s. 1002.421, any substantiated
389 allegations or violations of law or rule by an eligible private
390 school under this program concerning the enrollment and
391 attendance of students, the credentials of teachers, background
392 screening of teachers, and teachers’ fingerprinting results and
393 the corrective action taken by the Department of Education.
394 Section 6. Present subsection (7) of section 1002.421,
395 Florida Statutes, is amended and redesignated as subsection
396 (11), a new subsection (7) and subsections (8), (9), and (10)
397 are added to that section, and paragraphs (h) and (i) of
398 subsection (2) and subsections (4) and (5) of that section are
399 amended, to read:
400 1002.421 Accountability of private schools participating in
401 state school choice scholarship programs.—
402 (2) A private school participating in a scholarship program
403 must be a Florida private school as defined in s. 1002.01(2),
404 must be registered in accordance with s. 1002.42, and must:
405 (h) Employ or contract with teachers who:
406 1. Unless otherwise specified under this paragraph, hold
407 baccalaureate or higher degrees, have at least 3 years of
408 teaching experience in public or private schools, or have
409 objectively identified special skills, knowledge, or expertise
410 that qualifies them to provide instruction in subjects taught.
411 2. For teachers teaching students in grade 2 or above, hold
412 baccalaureate or higher degrees from a university or college
413 that is accredited by a regional or national accrediting agency
414 recognized by the United States Department of Education.
415
416 The private school must report to the department, in a format
417 developed by the department, the qualifications of each teacher
418 hired by the school, including, but not limited to, an
419 explanation of the objectively identified special skills or
420 expertise of such teachers, as applicable. Additionally, the
421 private school must provide to the parent of each scholarship
422 student, on the school’s website or on a written form provided
423 by the school, the qualifications of each classroom teacher.
424 (i) Require each employee and contracted personnel with
425 direct student contact, upon employment or engagement to provide
426 services, to undergo a state and national background screening,
427 pursuant to s. 943.0542, by electronically filing with the
428 Department of Law Enforcement a complete set of fingerprints
429 taken by an authorized law enforcement agency or an employee of
430 the private school, a school district, or a private company who
431 is trained to take fingerprints and deny employment to or
432 terminate an employee if he or she fails to meet the screening
433 standards under s. 435.04. Results of the screening shall be
434 provided to the participating private school. For purposes of
435 this paragraph:
436 1. An “employee or contracted personnel with direct student
437 contact” means any employee or contracted personnel who has
438 unsupervised access to a scholarship student for whom the
439 private school is responsible.
440 2. The costs of fingerprinting and the background check
441 shall not be borne by the state.
442 3. Continued employment of an employee or contracted
443 personnel after notification that he or she has failed the
444 background screening under this paragraph shall cause a private
445 school to be ineligible for participation in a scholarship
446 program.
447 4. An employee or contracted personnel holding a valid
448 Florida teaching certificate who has been fingerprinted pursuant
449 to s. 1012.32 and who is not ineligible for employment pursuant
450 to s. 1012.315 is not required to comply with the provisions of
451 this paragraph.
452 (4) A private school that accepts scholarship students
453 under this chapter s. 1002.39 or s. 1002.395 must:
454 (a) Disqualify instructional personnel and school
455 administrators, as defined in s. 1012.01, from employment in any
456 position that requires direct contact with students if the
457 personnel or administrators are ineligible for such employment
458 under s. 1012.315.
459 (b) Adopt and faithfully implement policies establishing
460 standards of ethical conduct for instructional personnel and
461 school administrators. The policies must require all
462 instructional personnel and school administrators, as defined in
463 s. 1012.01, to complete training on the standards; establish the
464 duty of instructional personnel and school administrators to
465 report, and procedures for reporting, alleged misconduct by
466 other instructional personnel and school administrators which
467 affects the health, safety, or welfare of a student; and include
468 an explanation of the liability protections provided under ss.
469 39.203 and 768.095. A private school, or any of its employees,
470 may not enter into a confidentiality agreement regarding
471 terminated or dismissed instructional personnel or school
472 administrators, or personnel or administrators who resign in
473 lieu of termination, based in whole or in part on misconduct
474 that affects the health, safety, or welfare of a student, and
475 may not provide the instructional personnel or school
476 administrators with employment references or discuss the
477 personnel’s or administrators’ performance with prospective
478 employers in another educational setting, without disclosing the
479 personnel’s or administrators’ misconduct. Any part of an
480 agreement or contract that has the purpose or effect of
481 concealing misconduct by instructional personnel or school
482 administrators which affects the health, safety, or welfare of a
483 student is void, is contrary to public policy, and may not be
484 enforced.
485 (c) Before employing instructional personnel or school
486 administrators in any position that requires direct contact with
487 students, conduct employment history checks of each of the
488 personnel’s or administrators’ previous employers, screen the
489 personnel or administrators through use of the educator
490 screening tools described in s. 1001.10(5), and document the
491 findings. If unable to contact a previous employer, the private
492 school must document efforts to contact the employer.
493
494 The department shall suspend the payment of funds under this
495 chapter ss. 1002.39 and 1002.395 to a private school that
496 knowingly fails or refuses to comply with this subsection, and
497 shall prohibit the school from enrolling new scholarship
498 students, for 1 fiscal year and until the school complies.
499 (5) The failure or refusal inability of a private school to
500 meet the requirements of this section shall constitute a basis
501 for the ineligibility of the private school to participate in a
502 scholarship program as determined by the department.
503 Additionally, a private school is ineligible to participate in a
504 state scholarship program under this chapter if the owner or
505 operator of the private school was a debtor in a voluntary or
506 involuntary bankruptcy petition within the most recent 5 years.
507 (7)(a) The department must annually visit at least 5
508 percent, and may annually visit up to 7 percent, of the private
509 schools that participate in the state scholarship programs under
510 this chapter. Site visits required under subsection (8) are not
511 included in the annual site visits authorized under this
512 paragraph.
513 (b) The purposes of the site visits are to verify
514 compliance with the provisions of this section aimed at
515 protecting the health, safety, and welfare of students and to
516 verify the information reported by the schools concerning the
517 enrollment and attendance of students, the credentials of
518 teachers, background screening of teachers, and teachers’
519 fingerprinting results, as required by rules of the State Board
520 of Education and this section.
521 (c) The department may make followup site visits at any
522 time to any school that has received a notice of noncompliance
523 or a notice of proposed action within the previous 2 years, or
524 for a cause that affects the health, safety, and welfare of a
525 student.
526 (8)(a) The department shall visit each private school that
527 notifies the department of the school’s intent to participate in
528 a state scholarship program under this chapter.
529 (b) The purpose of the site visit is to determine that the
530 school meets the applicable state and local health, safety, and
531 welfare codes and rules pursuant to this section.
532 (9) The Division of State Fire Marshal shall annually
533 provide to the department a fire safety inspection report,
534 prepared by the local fire departments or by entities with whom
535 they contract to perform fire safety inspections of private
536 schools, for each private school that participates in a state
537 scholarship program under this chapter.
538 (10) If a private school that participates in a state
539 scholarship program under this chapter receives more than
540 $250,000 in funds from the scholarships awarded under chapter
541 1002 in a state fiscal year, the school must provide to the
542 department a report of the balance sheet and statement of income
543 expenditures in accordance with generally accepted accounting
544 procedures from an independent certified public accountant who
545 performs the agreed-upon procedures.
546 (11)(7) The State Board of Education shall adopt rules
547 pursuant to ss. 120.536(1) and 120.54 to administer and enforce
548 this section.
549 Section 7. Section 1006.061, Florida Statutes, is amended
550 to read:
551 1006.061 Child abuse, abandonment, and neglect policy.—Each
552 district school board, charter school, and private school that
553 accepts scholarship students under s. 1002.385, s. 1002.39, or
554 s. 1002.395, or another state scholarship program under chapter
555 1002 shall:
556 (1) Post in a prominent place in each school a notice that,
557 pursuant to chapter 39, all employees and agents of the district
558 school board, charter school, or private school have an
559 affirmative duty to report all actual or suspected cases of
560 child abuse, abandonment, or neglect; have immunity from
561 liability if they report such cases in good faith; and have a
562 duty to comply with child protective investigations and all
563 other provisions of law relating to child abuse, abandonment,
564 and neglect. The notice shall also include the statewide toll
565 free telephone number of the central abuse hotline.
566 (2) Post in a prominent place at each school site and on
567 each school’s Internet website, if available, the policies and
568 procedures for reporting alleged misconduct by instructional
569 personnel or school administrators which affects the health,
570 safety, or welfare of a student; the contact person to whom the
571 report is made; and the penalties imposed on instructional
572 personnel or school administrators who fail to report suspected
573 or actual child abuse or alleged misconduct by other
574 instructional personnel or school administrators.
575 (3) Require the principal of the charter school or private
576 school, or the district school superintendent, or the
577 superintendent’s designee, at the request of the Department of
578 Children and Families, to act as a liaison to the Department of
579 Children and Families and the child protection team, as defined
580 in s. 39.01, when in a case of suspected child abuse,
581 abandonment, or neglect or an unlawful sexual offense involving
582 a child the case is referred to such a team; except that this
583 does not relieve or restrict the Department of Children and
584 Families from discharging its duty and responsibility under the
585 law to investigate and report every suspected or actual case of
586 child abuse, abandonment, or neglect or unlawful sexual offense
587 involving a child.
588 (4)(a) Post in a prominent place in a clearly visible
589 location and public area of the school which is readily
590 accessible to and widely used by students a sign in English and
591 Spanish that contains:
592 1. The statewide toll-free telephone number of the central
593 abuse hotline as provided in chapter 39;
594 2. Instructions to call 911 for emergencies; and
595 3. Directions for accessing the Department of Children and
596 Families Internet website for more information on reporting
597 abuse, neglect, and exploitation.
598 (b) The information in paragraph (a) must be put on at
599 least one poster in each school, on a sheet that measures at
600 least 11 inches by 17 inches, produced in large print, and
601 placed at student eye level for easy viewing.
602
603 The Department of Education shall develop, and publish on the
604 department’s Internet website, sample notices suitable for
605 posting in accordance with subsections (1), (2), and (4).
606 Section 8. Section 1012.315, Florida Statutes, is amended
607 to read:
608 1012.315 Disqualification from employment.—A person is
609 ineligible for educator certification, and instructional
610 personnel and school administrators, as defined in s. 1012.01,
611 are ineligible for employment in any position that requires
612 direct contact with students in a district school system,
613 charter school, or private school that accepts scholarship
614 students under s. 1002.385, s. 1002.39, or s. 1002.395, or
615 another state scholarship program under chapter 1002, if the
616 person, instructional personnel, or school administrator has
617 been convicted of:
618 (1) Any felony offense prohibited under any of the
619 following statutes:
620 (a) Section 393.135, relating to sexual misconduct with
621 certain developmentally disabled clients and reporting of such
622 sexual misconduct.
623 (b) Section 394.4593, relating to sexual misconduct with
624 certain mental health patients and reporting of such sexual
625 misconduct.
626 (c) Section 415.111, relating to adult abuse, neglect, or
627 exploitation of aged persons or disabled adults.
628 (d) Section 782.04, relating to murder.
629 (e) Section 782.07, relating to manslaughter, aggravated
630 manslaughter of an elderly person or disabled adult, aggravated
631 manslaughter of a child, or aggravated manslaughter of an
632 officer, a firefighter, an emergency medical technician, or a
633 paramedic.
634 (f) Section 784.021, relating to aggravated assault.
635 (g) Section 784.045, relating to aggravated battery.
636 (h) Section 784.075, relating to battery on a detention or
637 commitment facility staff member or a juvenile probation
638 officer.
639 (i) Section 787.01, relating to kidnapping.
640 (j) Section 787.02, relating to false imprisonment.
641 (k) Section 787.025, relating to luring or enticing a
642 child.
643 (l) Section 787.04(2), relating to leading, taking,
644 enticing, or removing a minor beyond the state limits, or
645 concealing the location of a minor, with criminal intent pending
646 custody proceedings.
647 (m) Section 787.04(3), relating to leading, taking,
648 enticing, or removing a minor beyond the state limits, or
649 concealing the location of a minor, with criminal intent pending
650 dependency proceedings or proceedings concerning alleged abuse
651 or neglect of a minor.
652 (n) Section 790.115(1), relating to exhibiting firearms or
653 weapons at a school-sponsored event, on school property, or
654 within 1,000 feet of a school.
655 (o) Section 790.115(2)(b), relating to possessing an
656 electric weapon or device, destructive device, or other weapon
657 at a school-sponsored event or on school property.
658 (p) Section 794.011, relating to sexual battery.
659 (q) Former s. 794.041, relating to sexual activity with or
660 solicitation of a child by a person in familial or custodial
661 authority.
662 (r) Section 794.05, relating to unlawful sexual activity
663 with certain minors.
664 (s) Section 794.08, relating to female genital mutilation.
665 (t) Chapter 796, relating to prostitution.
666 (u) Chapter 800, relating to lewdness and indecent
667 exposure.
668 (v) Section 806.01, relating to arson.
669 (w) Section 810.14, relating to voyeurism.
670 (x) Section 810.145, relating to video voyeurism.
671 (y) Section 812.014(6), relating to coordinating the
672 commission of theft in excess of $3,000.
673 (z) Section 812.0145, relating to theft from persons 65
674 years of age or older.
675 (aa) Section 812.019, relating to dealing in stolen
676 property.
677 (bb) Section 812.13, relating to robbery.
678 (cc) Section 812.131, relating to robbery by sudden
679 snatching.
680 (dd) Section 812.133, relating to carjacking.
681 (ee) Section 812.135, relating to home-invasion robbery.
682 (ff) Section 817.563, relating to fraudulent sale of
683 controlled substances.
684 (gg) Section 825.102, relating to abuse, aggravated abuse,
685 or neglect of an elderly person or disabled adult.
686 (hh) Section 825.103, relating to exploitation of an
687 elderly person or disabled adult.
688 (ii) Section 825.1025, relating to lewd or lascivious
689 offenses committed upon or in the presence of an elderly person
690 or disabled person.
691 (jj) Section 826.04, relating to incest.
692 (kk) Section 827.03, relating to child abuse, aggravated
693 child abuse, or neglect of a child.
694 (ll) Section 827.04, relating to contributing to the
695 delinquency or dependency of a child.
696 (mm) Section 827.071, relating to sexual performance by a
697 child.
698 (nn) Section 843.01, relating to resisting arrest with
699 violence.
700 (oo) Chapter 847, relating to obscenity.
701 (pp) Section 874.05, relating to causing, encouraging,
702 soliciting, or recruiting another to join a criminal street
703 gang.
704 (qq) Chapter 893, relating to drug abuse prevention and
705 control, if the offense was a felony of the second degree or
706 greater severity.
707 (rr) Section 916.1075, relating to sexual misconduct with
708 certain forensic clients and reporting of such sexual
709 misconduct.
710 (ss) Section 944.47, relating to introduction, removal, or
711 possession of contraband at a correctional facility.
712 (tt) Section 985.701, relating to sexual misconduct in
713 juvenile justice programs.
714 (uu) Section 985.711, relating to introduction, removal, or
715 possession of contraband at a juvenile detention facility or
716 commitment program.
717 (2) Any misdemeanor offense prohibited under any of the
718 following statutes:
719 (a) Section 784.03, relating to battery, if the victim of
720 the offense was a minor.
721 (b) Section 787.025, relating to luring or enticing a
722 child.
723 (3) Any criminal act committed in another state or under
724 federal law which, if committed in this state, constitutes an
725 offense prohibited under any statute listed in subsection (1) or
726 subsection (2).
727 (4) Any delinquent act committed in this state or any
728 delinquent or criminal act committed in another state or under
729 federal law which, if committed in this state, qualifies an
730 individual for inclusion on the Registered Juvenile Sex Offender
731 List under s. 943.0435(1)(h)1.d.
732 Section 9. Paragraph (e) of subsection (1) of section
733 1012.796, Florida Statutes, is amended to read:
734 1012.796 Complaints against teachers and administrators;
735 procedure; penalties.—
736 (1)
737 (e) If allegations arise against an employee who is
738 certified under s. 1012.56 and employed in an educator
739 certificated position in any public school, charter school or
740 governing board thereof, or private school that accepts
741 scholarship students under s. 1002.385, s. 1002.39, or s.
742 1002.395, or another state scholarship program under chapter
743 1002, the school shall file in writing with the department a
744 legally sufficient complaint within 30 days after the date on
745 which the subject matter of the complaint came to the attention
746 of the school. A complaint is legally sufficient if it contains
747 ultimate facts that show a violation has occurred as provided in
748 s. 1012.795 and defined by rule of the State Board of Education.
749 The school shall include all known information relating to the
750 complaint with the filing of the complaint. This paragraph does
751 not limit or restrict the power and duty of the department to
752 investigate complaints, regardless of the school’s untimely
753 filing, or failure to file, complaints and followup reports.
754 Section 10. This act shall take effect July 1, 2018.
755
