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Senate Bill 2986

Senate Bill sb2986

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    Florida Senate - 2004                                  SB 2986

    By Senator Constantine





    22-1891A-04

  1                      A bill to be entitled

  2         An act relating to education personnel;

  3         amending s. 943.0585, F.S.; providing for the

  4         expunging of criminal history records of

  5         applicants for employment at certain schools;

  6         amending s. 943.059, F.S.; providing an

  7         exception to sealed records provisions for

  8         applicants for employment at certain schools;

  9         amending s. 1004.04, F.S.; revising certain

10         criteria for admission to approved teacher

11         preparation programs; creating the Quest to

12         Teach Program; amending s. 1012.05, F.S.;

13         requiring guidelines for teacher mentors;

14         requiring electronic access to professional

15         resources for teachers; creating an Education

16         Appreciation Week; amending s. 1012.35, F.S.;

17         providing employment and training requirements

18         for substitute teachers; amending s. 1012.39,

19         F.S.; providing employment criteria for

20         substitute teachers; amending s. 1012.55, F.S.;

21         requiring certain teacher certification

22         information to be in the Course Code Directory;

23         amending s. 1012.56, F.S.; authorizing the

24         filing of an affidavit with the application for

25         a certificate; creating s. 1012.561, F.S.;

26         requiring certified educators and applicants

27         for certification to maintain a current address

28         with the Department of Education; creating s.

29         1012.576, F.S.; creating the College Graduates

30         to Classroom Teachers Alternative Certification

31         program; amending s. 1012.585, F.S.; requiring

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    Florida Senate - 2004                                  SB 2986
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 1         training in the teaching of reading for

 2         certified personnel who teach students who have

 3         limited English proficiency; amending s.

 4         1012.79, F.S.; reducing the membership of

 5         Education Practice Commission review panels;

 6         amending s. 1012.795, F.S.; increasing the

 7         discipline options available to the Education

 8         Practices Commission; amending s. 1012.796,

 9         F.S.; revising the procedures for investigating

10         complaints against certified personnel;

11         providing the conditions of probation; amending

12         s. 1012.798, F.S.; revising procedures for

13         accessing the recovery network program;

14         providing an effective date.

15  

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

17  

18         Section 1.  Subsection (4) of section 943.0585, Florida

19  Statutes, is amended to read:

20         943.0585  Court-ordered expunction of criminal history

21  records.--The courts of this state have jurisdiction over

22  their own procedures, including the maintenance, expunction,

23  and correction of judicial records containing criminal history

24  information to the extent such procedures are not inconsistent

25  with the conditions, responsibilities, and duties established

26  by this section. Any court of competent jurisdiction may order

27  a criminal justice agency to expunge the criminal history

28  record of a minor or an adult who complies with the

29  requirements of this section. The court shall not order a

30  criminal justice agency to expunge a criminal history record

31  until the person seeking to expunge a criminal history record

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    Florida Senate - 2004                                  SB 2986
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 1  has applied for and received a certificate of eligibility for

 2  expunction pursuant to subsection (2). A criminal history

 3  record that relates to a violation of s. 787.025, chapter 794,

 4  s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,

 5  chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.

 6  893.135, or a violation enumerated in s. 907.041 may not be

 7  expunged, without regard to whether adjudication was withheld,

 8  if the defendant was found guilty of or pled guilty or nolo

 9  contendere to the offense, or if the defendant, as a minor,

10  was found to have committed, or pled guilty or nolo contendere

11  to committing, the offense as a delinquent act. The court may

12  only order expunction of a criminal history record pertaining

13  to one arrest or one incident of alleged criminal activity,

14  except as provided in this section. The court may, at its sole

15  discretion, order the expunction of a criminal history record

16  pertaining to more than one arrest if the additional arrests

17  directly relate to the original arrest. If the court intends

18  to order the expunction of records pertaining to such

19  additional arrests, such intent must be specified in the

20  order. A criminal justice agency may not expunge any record

21  pertaining to such additional arrests if the order to expunge

22  does not articulate the intention of the court to expunge a

23  record pertaining to more than one arrest. This section does

24  not prevent the court from ordering the expunction of only a

25  portion of a criminal history record pertaining to one arrest

26  or one incident of alleged criminal activity. Notwithstanding

27  any law to the contrary, a criminal justice agency may comply

28  with laws, court orders, and official requests of other

29  jurisdictions relating to expunction, correction, or

30  confidential handling of criminal history records or

31  information derived therefrom. This section does not confer

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    Florida Senate - 2004                                  SB 2986
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 1  any right to the expunction of any criminal history record,

 2  and any request for expunction of a criminal history record

 3  may be denied at the sole discretion of the court.

 4         (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any

 5  criminal history record of a minor or an adult which is

 6  ordered expunged by a court of competent jurisdiction pursuant

 7  to this section must be physically destroyed or obliterated by

 8  any criminal justice agency having custody of such record;

 9  except that any criminal history record in the custody of the

10  department must be retained in all cases. A criminal history

11  record ordered expunged that is retained by the department is

12  confidential and exempt from the provisions of s. 119.07(1)

13  and s. 24(a), Art. I of the State Constitution and not

14  available to any person or entity except upon order of a court

15  of competent jurisdiction. A criminal justice agency may

16  retain a notation indicating compliance with an order to

17  expunge.

18         (a)  The person who is the subject of a criminal

19  history record that is expunged under this section or under

20  other provisions of law, including former s. 893.14, former s.

21  901.33, and former s. 943.058, may lawfully deny or fail to

22  acknowledge the arrests covered by the expunged record, except

23  when the subject of the record:

24         1.  Is a candidate for employment with a criminal

25  justice agency;

26         2.  Is a defendant in a criminal prosecution;

27         3.  Concurrently or subsequently petitions for relief

28  under this section or s. 943.059;

29         4.  Is a candidate for admission to The Florida Bar;

30         5.  Is seeking to be employed or licensed by or to

31  contract with the Department of Children and Family Services

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    Florida Senate - 2004                                  SB 2986
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 1  or the Department of Juvenile Justice or to be employed or

 2  used by such contractor or licensee in a sensitive position

 3  having direct contact with children, the developmentally

 4  disabled, the aged, or the elderly as provided in s.

 5  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

 6  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

 7  985.407, or chapter 400; or

 8         6.  Is seeking to be employed or licensed by the Office

 9  of Teacher Education, Certification, Staff Development, and

10  Professional Practices of the Department of Education, any

11  district school board, any university laboratory school, any

12  charter school, any private or parochial school, or any local

13  governmental entity that licenses child care facilities.

14         (b)  Subject to the exceptions in paragraph (a), a

15  person who has been granted an expunction under this section,

16  former s. 893.14, former s. 901.33, or former s. 943.058 may

17  not be held under any provision of law of this state to commit

18  perjury or to be otherwise liable for giving a false statement

19  by reason of such person's failure to recite or acknowledge an

20  expunged criminal history record.

21         (c)  Information relating to the existence of an

22  expunged criminal history record which is provided in

23  accordance with paragraph (a) is confidential and exempt from

24  the provisions of s. 119.07(1) and s. 24(a), Art. I of the

25  State Constitution, except that the department shall disclose

26  the existence of a criminal history record ordered expunged to

27  the entities set forth in subparagraphs (a)1., 4., 5., and 6.

28  for their respective licensing and employment purposes, and to

29  criminal justice agencies for their respective criminal

30  justice purposes. It is unlawful for any employee of an entity

31  set forth in subparagraph (a)1., subparagraph (a)4.,

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    Florida Senate - 2004                                  SB 2986
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 1  subparagraph (a)5., or subparagraph (a)6. to disclose

 2  information relating to the existence of an expunged criminal

 3  history record of a person seeking employment or licensure

 4  with such entity or contractor, except to the person to whom

 5  the criminal history record relates or to persons having

 6  direct responsibility for employment or licensure decisions.

 7  Any person who violates this paragraph commits a misdemeanor

 8  of the first degree, punishable as provided in s. 775.082 or

 9  s. 775.083.

10         Section 2.  Subsection (4) of section 943.059, Florida

11  Statutes, is amended to read:

12         943.059  Court-ordered sealing of criminal history

13  records.--The courts of this state shall continue to have

14  jurisdiction over their own procedures, including the

15  maintenance, sealing, and correction of judicial records

16  containing criminal history information to the extent such

17  procedures are not inconsistent with the conditions,

18  responsibilities, and duties established by this section. Any

19  court of competent jurisdiction may order a criminal justice

20  agency to seal the criminal history record of a minor or an

21  adult who complies with the requirements of this section. The

22  court shall not order a criminal justice agency to seal a

23  criminal history record until the person seeking to seal a

24  criminal history record has applied for and received a

25  certificate of eligibility for sealing pursuant to subsection

26  (2). A criminal history record that relates to a violation of

27  s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.

28  825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,

29  s. 847.0145, s. 893.135, or a violation enumerated in s.

30  907.041 may not be sealed, without regard to whether

31  adjudication was withheld, if the defendant was found guilty

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    Florida Senate - 2004                                  SB 2986
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 1  of or pled guilty or nolo contendere to the offense, or if the

 2  defendant, as a minor, was found to have committed or pled

 3  guilty or nolo contendere to committing the offense as a

 4  delinquent act. The court may only order sealing of a criminal

 5  history record pertaining to one arrest or one incident of

 6  alleged criminal activity, except as provided in this section.

 7  The court may, at its sole discretion, order the sealing of a

 8  criminal history record pertaining to more than one arrest if

 9  the additional arrests directly relate to the original arrest.

10  If the court intends to order the sealing of records

11  pertaining to such additional arrests, such intent must be

12  specified in the order. A criminal justice agency may not seal

13  any record pertaining to such additional arrests if the order

14  to seal does not articulate the intention of the court to seal

15  records pertaining to more than one arrest. This section does

16  not prevent the court from ordering the sealing of only a

17  portion of a criminal history record pertaining to one arrest

18  or one incident of alleged criminal activity. Notwithstanding

19  any law to the contrary, a criminal justice agency may comply

20  with laws, court orders, and official requests of other

21  jurisdictions relating to sealing, correction, or confidential

22  handling of criminal history records or information derived

23  therefrom. This section does not confer any right to the

24  sealing of any criminal history record, and any request for

25  sealing a criminal history record may be denied at the sole

26  discretion of the court.

27         (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A

28  criminal history record of a minor or an adult which is

29  ordered sealed by a court of competent jurisdiction pursuant

30  to this section is confidential and exempt from the provisions

31  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution

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    Florida Senate - 2004                                  SB 2986
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 1  and is available only to the person who is the subject of the

 2  record, to the subject's attorney, to criminal justice

 3  agencies for their respective criminal justice purposes, or to

 4  those entities set forth in subparagraphs (a)1., 4., 5., and

 5  6. for their respective licensing and employment purposes.

 6         (a)  The subject of a criminal history record sealed

 7  under this section or under other provisions of law, including

 8  former s. 893.14, former s. 901.33, and former s. 943.058, may

 9  lawfully deny or fail to acknowledge the arrests covered by

10  the sealed record, except when the subject of the record:

11         1.  Is a candidate for employment with a criminal

12  justice agency;

13         2.  Is a defendant in a criminal prosecution;

14         3.  Concurrently or subsequently petitions for relief

15  under this section or s. 943.0585;

16         4.  Is a candidate for admission to The Florida Bar;

17         5.  Is seeking to be employed or licensed by or to

18  contract with the Department of Children and Family Services

19  or the Department of Juvenile Justice or to be employed or

20  used by such contractor or licensee in a sensitive position

21  having direct contact with children, the developmentally

22  disabled, the aged, or the elderly as provided in s.

23  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

24  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

25  415.103, s. 985.407, or chapter 400; or

26         6.  Is seeking to be employed or licensed by the Office

27  of Teacher Education, Certification, Staff Development, and

28  Professional Practices of the Department of Education, any

29  district school board, any university laboratory school, any

30  charter school, any private or parochial school, or any local

31  governmental entity that which licenses child care facilities.

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    Florida Senate - 2004                                  SB 2986
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 1         (b)  Subject to the exceptions in paragraph (a), a

 2  person who has been granted a sealing under this section,

 3  former s. 893.14, former s. 901.33, or former s. 943.058 may

 4  not be held under any provision of law of this state to commit

 5  perjury or to be otherwise liable for giving a false statement

 6  by reason of such person's failure to recite or acknowledge a

 7  sealed criminal history record.

 8         (c)  Information relating to the existence of a sealed

 9  criminal record provided in accordance with the provisions of

10  paragraph (a) is confidential and exempt from the provisions

11  of s. 119.07(1) and s. 24(a), Art. I of the State

12  Constitution, except that the department shall disclose the

13  sealed criminal history record to the entities set forth in

14  subparagraphs (a)1., 4., 5., and 6. for their respective

15  licensing and employment purposes. It is unlawful for any

16  employee of an entity set forth in subparagraph (a)1.,

17  subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.

18  to disclose information relating to the existence of a sealed

19  criminal history record of a person seeking employment or

20  licensure with such entity or contractor, except to the person

21  to whom the criminal history record relates or to persons

22  having direct responsibility for employment or licensure

23  decisions. Any person who violates the provisions of this

24  paragraph commits a misdemeanor of the first degree,

25  punishable as provided in s. 775.082 or s. 775.083.

26         Section 3.  Subsection (4) of section 1004.04, Florida

27  Statutes, is amended, present subsection (12) of that section

28  is redesignated as subsection (13), and a new subsection (12)

29  is added to that section, to read:

30         1004.04  Public accountability and state approval for

31  teacher preparation programs.--

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    Florida Senate - 2004                                  SB 2986
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 1         (4)  INITIAL STATE PROGRAM APPROVAL.--

 2         (a)  A program approval process based on standards

 3  adopted pursuant to subsections (2) and (3) must be

 4  established for postsecondary teacher preparation programs,

 5  phased in according to timelines determined by the Department

 6  of Education, and fully implemented for all teacher

 7  preparation programs in the state. Each program shall be

 8  approved by the department, consistent with the intent set

 9  forth in subsection (1) and based primarily upon significant,

10  objective, and quantifiable graduate performance measures.

11         (b)  Each teacher preparation program approved by the

12  Department of Education, as provided for by this section,

13  shall require students to meet the following as prerequisites

14  for admission into the program:

15         1.  Have a grade point average of at least 2.5 on a 4.0

16  scale for the general education component of undergraduate

17  studies or have completed the requirements for a baccalaureate

18  degree with a minimum grade point average of 2.5 on a 4.0

19  scale from any college or university accredited by a regional

20  accrediting association as defined by State Board of Education

21  rule or any college or university otherwise approved pursuant

22  to State Board of Education rule.

23         2.  Demonstrate mastery of general knowledge, including

24  the ability to read, write, and compute, by passing the

25  General Knowledge Test of the Florida Teacher Certification

26  Examination, the College Level Academic Skills Test, a

27  corresponding component of the National Teachers Examination

28  series, or a similar test pursuant to rules of the State Board

29  of Education.

30  

31  

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    Florida Senate - 2004                                  SB 2986
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 1  Each teacher preparation program may waive these admissions

 2  requirements for up to 10 percent of the students admitted.

 3  Programs shall implement strategies to ensure that students

 4  admitted under a waiver receive assistance to demonstrate

 5  competencies to successfully meet requirements for

 6  certification.

 7         (12)  Quest to Teach program.--Postsecondary

 8  institutions offering teacher preparation programs and

 9  community colleges, in collaboration with school districts,

10  may develop and implement a Quest to Teach program. The

11  program shall provide to individuals with baccalaureate

12  degrees who are interested in the teaching profession

13  short-term field experiences as teacher assistants, prior to

14  beginning a teacher preparation or alternative certification

15  program. This experience may be accepted for use in teacher

16  preparation and competency-based alternative certification

17  programs, if applicable.

18         Section 4.  Section 1012.05, Florida Statutes, is

19  amended to read:

20         1012.05  Teacher recruitment and retention.--

21         (1)  The Department of Education, in cooperation with

22  teacher organizations, district personnel offices, and

23  schools, colleges, and departments of all public and nonpublic

24  postsecondary educational institutions, shall concentrate on

25  the recruitment and retention of qualified teachers.

26         (2)  The Department of Education shall:

27         (a)  Develop and implement a system for posting

28  teaching vacancies and establish a database of teacher

29  applicants that is accessible within and outside the state.

30         (b)  Advertise in major newspapers, national

31  professional publications, and other professional publications

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 1  and in public and nonpublic postsecondary educational

 2  institutions.

 3         (c)  Utilize state and nationwide toll-free numbers.

 4         (d)  Conduct periodic communications with district

 5  personnel directors regarding applicants.

 6         (e)  Provide district access to the applicant database

 7  by computer or telephone.

 8         (f)  Develop and distribute promotional materials

 9  related to teaching as a career.

10         (g)  Publish and distribute information pertaining to

11  employment opportunities, application procedures, and all

12  routes toward teacher certification in Florida, and teacher

13  salaries.

14         (h)  Provide information related to certification

15  procedures.

16         (i)  Develop and sponsor the Florida Future Educator of

17  America Program throughout the state.

18         (j)  Develop, in consultation with school district

19  staff including, but not limited to, district school

20  superintendents, district school board members, and district

21  human resources personnel, a long-range plan for educator

22  recruitment and retention.

23         (k)  Identify best practices for retaining high-quality

24  teachers.

25         (l)  Develop, in consultation with Workforce Florida,

26  Inc., and the Agency for Workforce Innovation, created

27  pursuant to ss. 445.004 and 20.50, respectively, a plan for

28  accessing and identifying available resources in the state's

29  workforce system for the purpose of enhancing teacher

30  recruitment and retention.

31  

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 1         (m)  Create guidelines and identify best practices for

 2  the mentors of first-time teachers and for new teacher-support

 3  programs that focus on the professional assistance needed by

 4  first-time teachers throughout the first year of teaching. The

 5  department shall consult with the Florida Center for Reading

 6  Research and the Just Read, Florida! Office in developing the

 7  guidelines.

 8         (n)(m)  Develop and implement a First Response Center

 9  to provide educator candidates one-stop shopping for

10  information on teaching careers in Florida and establish the

11  Teacher Lifeline Network to provide online support to

12  beginning teachers and those needing assistance.

13         (o)  Develop and implement an online Teacher Toolkit

14  that contains a menu of resources, based on the Sunshine State

15  Standards, that all teachers can use to enhance classroom

16  instruction and increase teacher effectiveness, thus resulting

17  in improved student achievement.

18         (p)  Establish a week designated as Educator

19  Appreciation Week to recognize the significant contributions

20  made by educators to their students and school communities.

21         (3)  Each school board shall adopt policies relating to

22  mentors and support for first-time teachers based upon

23  guidelines issued by the Department of Education.

24         (4)(3)  The Department of Education, in cooperation

25  with district personnel offices, shall sponsor a job fair in a

26  central part of the state to match in-state educators and

27  potential educators and out-of-state educators and potential

28  educators with teaching opportunities in this state.

29         (5)(4)  Subject to proviso in the General

30  Appropriations Act, the Commissioner of Education may use

31  funds appropriated by the Legislature and funds from federal

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 1  grants and other sources to provide incentives for teacher

 2  recruitment and preparation programs. The purpose of the use

 3  of such funds is to recruit and prepare individuals who do not

 4  graduate from state-approved teacher preparation programs to

 5  teach in a Florida public school. The commissioner may

 6  contract with entities other than, and including, approved

 7  teacher preparation programs to provide intensive teacher

 8  training leading to passage of the required certification

 9  exams for the desired subject area or coverage. The

10  commissioner shall survey school districts to evaluate the

11  effectiveness of such programs.

12         Section 5.  Section 1012.35, Florida Statutes, is

13  amended to read:

14         1012.35  Substitute teachers.--

15         (1)  Each district school board shall adopt rules

16  prescribing the compensation of, and the procedure for

17  employment of, substitute teachers.

18         (a)  The Such procedure for employment must shall

19  include, but is not limited to, the filing of a complete set

20  of fingerprints as required in s. 1012.32; documentation of a

21  minimum education level of a high school diploma or

22  equivalent; and completion of an initial orientation and

23  training program in district policies and procedures

24  addressing school safety and security procedures, educational

25  liability laws, professional responsibilities, and ethics.

26         (b)  Candidates who have no prior teaching experience,

27  as determined by the employing school district, must complete

28  an additional training program that includes classroom

29  management skills and instructional strategies.

30         (c)  The required training programs for substitute

31  teachers may be provided by community colleges, colleges of

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 1  education, district school boards, educational consortia, or

 2  commercial vendors.

 3         (d)  It is recommended that ongoing training and access

 4  to professional development offerings be made available to

 5  substitute teachers by the employing district.

 6         (2)  The Department of Education shall develop

 7  web-based resources to enhance district substitute orientation

 8  programs.

 9         (3)  Districts shall develop performance appraisal

10  measures for assessing the quality of instruction delivered by

11  substitutes who provide instruction for 30 or more days in a

12  single classroom placement.

13         Section 6.  Paragraph (a) of subsection (1) of section

14  1012.39, Florida Statutes, is amended to read:

15         1012.39  Employment of substitute teachers, teachers of

16  adult education, nondegreed teachers of career education, and

17  career specialists; students performing clinical field

18  experience.--

19         (1)  Notwithstanding ss. 1012.32, 1012.55, 1012.56, and

20  1012.57, or any other provision of law or rule to the

21  contrary, each district school board shall establish the

22  minimal qualifications for:

23         (a)  Substitute teachers to be employed pursuant to s.

24  1012.35. The qualifications shall require the filing of a

25  complete set of fingerprints in the same manner as required by

26  s. 1012.32; documentation of a minimum education level of a

27  high school diploma or equivalent; and completion of an

28  initial orientation and training program in district policies

29  and procedures addressing school safety and security

30  procedures, educational liability laws, professional

31  responsibilities, and ethics.

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 1         Section 7.  Subsection (1) of section 1012.55, Florida

 2  Statutes, is amended to read:

 3         1012.55  Positions for which certificates required.--

 4         (1)  The State Board of Education shall classify school

 5  services, designate the certification subject areas, establish

 6  competencies, including the use of technology to enhance

 7  student learning, and certification requirements for all

 8  school-based personnel, and adopt rules in accordance with

 9  which the professional, temporary, and part-time certificates

10  shall be issued by the Department of Education to applicants

11  who meet the standards prescribed by such rules for their

12  class of service. Each person employed or occupying a position

13  as school supervisor, school principal, teacher, library media

14  specialist, school counselor, athletic coach, or other

15  position in which the employee serves in an instructional

16  capacity, in any public school of any district of this state

17  shall hold the certificate required by law and by rules of the

18  State Board of Education in fulfilling the requirements of the

19  law for the type of service rendered. The Department of

20  Education shall annually publish a directory of course code

21  numbers for all programs and courses that are funded through

22  the Florida Education Finance Program. The directory must

23  identify appropriate certification for specific courses.

24  However, the state board shall adopt rules authorizing

25  district school boards to employ selected noncertificated

26  personnel to provide instructional services in the

27  individuals' fields of specialty or to assist instructional

28  staff members as education paraprofessionals.

29         Section 8.  Subsections (2), (3), (4), and (5) of

30  section 1012.56, Florida Statutes, are amended to read:

31         1012.56  Educator certification requirements.--

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 1         (2)  ELIGIBILITY CRITERIA.--To be eligible to seek

 2  certification, a person must:

 3         (a)  Be at least 18 years of age.

 4         (b)  File an affidavit a written statement, under oath,

 5  that the applicant subscribes to and will uphold the

 6  principles incorporated in the Constitution of the United

 7  States and the Constitution of the State of Florida and the

 8  information provided in the application is true, accurate, and

 9  complete. The affidavit shall include substantially the

10  following warning: GIVING FALSE INFORMATION IN ORDER TO OBTAIN

11  OR RENEW A FLORIDA EDUCATOR'S CERTIFICATE IS A CRIMINAL

12  OFFENSE UNDER FLORIDA LAW. ANYONE GIVING FALSE INFORMATION ON

13  THE AFFIDAVIT IS SUBJECT TO CRIMINAL PROSECUTION, AS WELL AS

14  DISCIPLINARY ACTION BY THE EDUCATION PRACTICES COMMISSION.

15         (c)  Document receipt of a bachelor's or higher degree

16  from an accredited institution of higher learning, or a

17  nonaccredited institution of higher learning that the

18  Department of Education has identified as having a quality

19  program resulting in a bachelor's degree, or higher. Each

20  applicant seeking initial certification must have attained at

21  least a 2.5 overall grade point average on a 4.0 scale in the

22  applicant's major field of study. The applicant may document

23  the required education by submitting official transcripts from

24  institutions of higher education or by authorizing the direct

25  submission of such official transcripts through established

26  electronic network systems. The bachelor's or higher degree

27  may not be required in areas approved in rule by the State

28  Board of Education as nondegreed areas.

29         (d)  Submit to a fingerprint check from the Department

30  of Law Enforcement and the Federal Bureau of Investigation

31  pursuant to s. 1012.32. If the fingerprint reports indicate a

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 1  criminal history or if the applicant acknowledges a criminal

 2  history, the applicant's records shall be referred to the

 3  investigative section in the Department of Education Bureau of

 4  Educator Standards for review and determination of eligibility

 5  for certification. If the applicant fails to provide the

 6  necessary documentation requested by the department Bureau of

 7  Educator Standards within 90 days after the date of the

 8  receipt of the certified mail request, the statement of

 9  eligibility and pending application shall become invalid.

10         (e)  Be of good moral character.

11         (f)  Be competent and capable of performing the duties,

12  functions, and responsibilities of an educator.

13         (g)  Demonstrate mastery of general knowledge, pursuant

14  to subsection (3).

15         (h)  Demonstrate mastery of subject area knowledge,

16  pursuant to subsection (4).

17         (i)  Demonstrate mastery of professional preparation

18  and education competence, pursuant to subsection (5).

19         (3)  MASTERY OF GENERAL KNOWLEDGE.--Acceptable means of

20  demonstrating mastery of general knowledge are:

21         (a)  Achievement of passing scores on basic skills

22  examination required by state board rule;

23         (b)  Achievement of passing scores on the College Level

24  Academic Skills Test earned prior to July 1, 2002;

25         (c)  A valid professional standard teaching certificate

26  issued by another state;

27         (d)  A valid certificate issued by the National Board

28  for Professional Teaching Standards or a national educator

29  credentialing board approved by the State Board of Education;

30  or

31  

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 1         (e)  Documentation of two semesters of successful

 2  teaching in a community college, state university, or private

 3  college or university that awards an associate or higher

 4  degree and is an accredited institution or an institution of

 5  higher education identified by the Department of Education as

 6  having a quality program.

 7         (4)  MASTERY OF SUBJECT AREA KNOWLEDGE.--Acceptable

 8  means of demonstrating mastery of subject area knowledge are:

 9         (a)  Achievement of passing scores on subject area

10  examinations required by state board rule;

11         (b)  Completion of the subject area specialization

12  requirements specified in state board rule and verification of

13  the attainment of the essential subject matter competencies by

14  the district school superintendent of the employing school

15  district or chief administrative officer of the employing

16  state-supported or private school for a subject area for which

17  a subject area examination has not been developed and required

18  by state board rule;

19         (c)  Completion of the subject area specialization

20  requirements specified in state board rule for a subject

21  coverage requiring a master's or higher degree and achievement

22  of a passing score on the subject area examination specified

23  in state board rule;

24         (d)  A valid professional standard teaching certificate

25  issued by another state; or

26         (e)  A valid certificate issued by the National Board

27  for Professional Teaching Standards or a national educator

28  credentialing board approved by the State Board of Education.

29         (5)  MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION

30  COMPETENCE.--Acceptable means of demonstrating mastery of

31  professional preparation and education competence are:

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 1         (a)  Completion of an approved teacher preparation

 2  program at a postsecondary educational institution within this

 3  state and achievement of a passing score on the professional

 4  education competency examination required by state board rule;

 5         (b)  Completion of a teacher preparation program at a

 6  postsecondary educational institution outside Florida and

 7  achievement of a passing score on the professional education

 8  competency examination required by state board rule;

 9         (c)  A valid professional standard teaching certificate

10  issued by another state;

11         (d)  A valid certificate issued by the National Board

12  for Professional Teaching Standards or a national educator

13  credentialing board approved by the State Board of Education;

14         (e)  Documentation of two semesters of successful

15  teaching in a community college, state university, or private

16  college or university that awards an associate or higher

17  degree and is an accredited institution or an institution of

18  higher education identified by the Department of Education as

19  having a quality program;

20         (f)  Completion of professional preparation courses as

21  specified in state board rule, successful completion of a

22  professional education competence demonstration program

23  pursuant to paragraph (7)(b), and achievement of a passing

24  score on the professional education competency examination

25  required by state board rule; or

26         (g)  Successful completion of a professional

27  preparation alternative certification and education competency

28  program, outlined in paragraph (7)(a).

29         Section 9.  Section 1012.561, Florida Statutes, is

30  created to read:

31  

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 1         1012.561  Address of record.--Each certified educator

 2  or applicant for certification is solely responsible for

 3  maintaining his or her current address with the Department of

 4  Education and for notifying the department in writing of a

 5  change of address. By January 1, 2005, each educator and

 6  applicant for certification must have on file with the

 7  department a current mailing address. Thereafter, a certified

 8  educator or applicant for certification who is employed by a

 9  district school board shall notify his or her employing school

10  district within 10 days after a change of address. At a

11  minimum, the employing district school board shall notify the

12  department monthly of the addresses of the certified educators

13  or applicants for certification in the manner prescribed by

14  the department. A certified educator or applicant for

15  certification who is not employed by a district school board

16  shall personally notify the department in writing within 30

17  days after a change of address. The department shall permit

18  electronic notification; however, it is the responsibility of

19  the certified educator or applicant for certification to

20  ensure that the department has received the electronic

21  notification.

22         Section 10.  Section 1012.576, Florida Statutes, is

23  created to read:

24         1012.576  College Graduates to Classroom Teachers

25  Alternative Certification program.--

26         (1)  The College Graduates to Classroom Teachers

27  Alternative Certification program is created to increase the

28  routes to the classroom for mid-career professionals who hold

29  a baccalaureate degree and for recent college graduates who

30  were not education majors. Providers of this program may

31  include colleges and universities that offer approved teacher

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 1  preparation programs and community colleges. Program providers

 2  must submit proposed alternative certification programs to the

 3  Commissioner of Education for approval. The Commissioner of

 4  Education shall develop guidelines for receiving, evaluating,

 5  and approving the proposals. Programs must be competency-based

 6  and must:

 7         (a)  Prepare individuals to pass all of the

 8  examinations (general knowledge, subject area, and

 9  professional education) required for a professional teaching

10  certificate;

11         (b)  Provide opportunities and methods for assessing

12  demonstration of the educator accomplished practices;

13         (c)  Provide field experiences with supervision from

14  qualified educators; and

15         (d)  Prepare individuals to deliver scientifically

16  based reading instruction and to employ strategies that

17  research has shown to be successful in improving reading among

18  low-performance readers.

19         (2)  The Commissioner of Education shall require an

20  evaluation of approved alternative certification programs to

21  ensure the quality of the teachers who have completed the

22  College Graduates to Classroom Teachers Alternative

23  Certification program. The Commissioner of Education shall

24  establish standards of accountability for the program, which

25  must include, but need not be limited to, the following

26  outcome measures: pass rates of program completers on required

27  teacher certification examinations, employment rates, and

28  employer satisfaction survey data.

29         Section 11.  Paragraph (d) of subsection (3) of section

30  1012.585, Florida Statutes, is amended to read:

31  

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 1         1012.585  Process for renewal of professional

 2  certificates.--

 3         (3)  For the renewal of a professional certificate, the

 4  following requirements must be met:

 5         (d)  The State Board of Education shall adopt rules for

 6  the expanded use of training for renewal of the professional

 7  certificate for educators who are required to complete

 8  training in teaching students of limited English proficiency

 9  and training in the teaching of reading as follows:

10         1.  A teacher who holds a professional certificate may

11  use college credits or inservice points completed in

12  English-for-Speakers-of-Other-Languages training and training

13  in the teaching of reading in excess of 6 semester hours

14  during one certificate-validity period toward renewal of the

15  professional certificate during the subsequent validity

16  periods.

17         2.  A teacher who holds a temporary certificate may use

18  college credits or inservice points completed in

19  English-for-Speakers-of-Other-Languages training and training

20  in the teaching of reading toward renewal of the teacher's

21  first professional certificate. Such training must not have

22  been included within the degree program, and the teacher's

23  temporary and professional certificates must be issued for

24  consecutive school years.

25         Section 12.  Subsection (8) of section 1012.79, Florida

26  Statutes, is amended to read:

27         1012.79  Education Practices Commission;

28  organization.--

29         (8)(a)  The commission shall, from time to time,

30  designate members of the commission to serve on panels for the

31  purpose of reviewing and issuing final orders upon cases

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 1  presented to the commission.  A case concerning a complaint

 2  against a teacher shall be reviewed and a final order thereon

 3  shall be entered by a panel composed of five seven commission

 4  members, three four of whom shall be teachers. A case

 5  concerning a complaint against an administrator shall be

 6  reviewed and a final order thereon shall be entered by a panel

 7  composed of five seven commission members, three four of whom

 8  shall be administrators.

 9         (b)  A majority of a quorum of a panel of the

10  commission shall have final agency authority in all cases

11  involving the revocation, suspension, or other disciplining of

12  certificates of teachers and school administrators. A majority

13  of the membership of the panel shall constitute a quorum. The

14  district school board shall retain the authority to discipline

15  teachers and administrators pursuant to law.

16         Section 13.  Subsections (1) and (6) of section

17  1012.795, Florida Statutes, are amended to read:

18         1012.795  Education Practices Commission; authority to

19  discipline.--

20         (1)  The Education Practices Commission may suspend the

21  educator certificate of any person as defined in s. 1012.01(2)

22  or (3) for a period of time not to exceed 5 3 years, thereby

23  denying that person the right to teach or otherwise be

24  employed by a district school board or public school in any

25  capacity requiring direct contact with students for that

26  period of time, after which the holder may return to teaching

27  as provided in subsection (4); may revoke the educator

28  certificate of any person, thereby denying that person the

29  right to teach or otherwise be employed by a district school

30  board or public school in any capacity requiring direct

31  contact with students for a period of time not to exceed 10

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 1  years, with reinstatement subject to the provisions of

 2  subsection (4); may revoke permanently the educator

 3  certificate of any person thereby denying that person the

 4  right to teach or otherwise be employed by a district school

 5  board or public school in any capacity requiring direct

 6  contact with students; may suspend the educator certificate,

 7  upon order of the court, of any person found to have a

 8  delinquent child support obligation; or may impose any other

 9  penalty provided by law, provided it can be shown that the

10  person:

11         (a)  Obtained or attempted to obtain an the educator

12  certificate by fraudulent means.

13         (b)  Has proved to be incompetent to teach or to

14  perform duties as an employee of the public school system or

15  to teach in or to operate a private school.

16         (c)  Has been guilty of gross immorality or an act

17  involving moral turpitude.

18         (d)  Has had an educator certificate sanctioned by

19  revocation, suspension, or surrender revoked in another state.

20         (e)  Has been convicted of a misdemeanor, felony, or

21  any other criminal charge, other than a minor traffic

22  violation.

23         (f)  Upon investigation, has been found guilty of

24  personal conduct which seriously reduces that person's

25  effectiveness as an employee of the district school board.

26         (g)  Has breached a contract, as provided in s.

27  1012.33(2).

28         (h)  Has been the subject of a court order directing

29  the Education Practices Commission to suspend the certificate

30  as a result of a delinquent child support obligation.

31  

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 1         (i)  Has violated the Principles of Professional

 2  Conduct for the Education Profession prescribed by State Board

 3  of Education rules.

 4         (j)  Has otherwise violated the provisions of law, the

 5  penalty for which is the revocation of the educator

 6  certificate.

 7         (k)  Has violated any order of the Education Practices

 8  Commission.

 9         (l)  Has been the subject of a court order or plea

10  agreement in any jurisdiction which requires the

11  certificateholder to surrender or otherwise relinquish his or

12  her educator's certificate. A surrender or relinquishment

13  shall be for permanent revocation of the certificate. A person

14  may not surrender or otherwise relinquish his or her

15  certificate prior to a finding of probable cause by the

16  commissioner as provided in s. 1012.796.

17         (6)(a)  When an individual violates any provision of

18  the provisions of a settlement agreement enforced by a final

19  order of the Education Practices Commission, the Department of

20  Education may request an order to show cause may be issued by

21  the clerk of the commission. The order shall require the

22  individual to appear before the commission to show cause why

23  further penalties should not be levied against the

24  individual's certificate pursuant to the authority provided to

25  the Education Practices Commission in subsection (1). The

26  department may dismiss an order to show cause before the

27  commission enters a final order. The Education Practices

28  Commission may fashion further penalties under the authority

29  of subsection (1) as it deems deemed appropriate when it

30  considers the show cause order is responded to by the

31  individual.

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 1         (b)  The Education Practices Commission shall adopt

 2  rules requiring the issuance of issue a final order

 3  permanently revoking an individual's Florida educator's

 4  certificate if the individual has been the subject of

 5  sanctions by the Education Practices Commission on two

 6  previous occasions. However, an individual is not subject to

 7  this provision if the only reason for sanctions on any

 8  occasion was one or more administrative violations. For

 9  purposes of this paragraph the term "administrative violation"

10  means the failure of the individual to submit annual

11  performance reports or the failure to pay a probation fee as

12  required by a final order of the Education Practices

13  Commission. Furthermore, any sanction levied by the Education

14  Practices Commission against an applicant for certification is

15  not subject to this provision, if the applicant was not

16  previously sanctioned by the Education Practices Commission.

17  for a minimum of 1 year under the following circumstances:

18         1.  If the individual:

19         a.  Has been found to have violated the provisions of

20  this section, such that the Education Practices Commission has

21  the authority to discipline the individual's Florida

22  educator's certificate on two separate occasions;

23         b.  Has twice entered into a settlement agreement

24  enforced by a final order of the Education Practices

25  Commission; or

26         c.  Has been found to have violated the provisions of

27  this section, such that the Education Practices Commission has

28  the authority to discipline the individual's Florida

29  educator's certificate on one occasion and entered into a

30  settlement agreement enforced by a final order of the

31  Education Practices Commission on one occasion; and

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 1         2.  A third finding of probable cause and a finding

 2  that the allegations are proven or admitted to is subsequently

 3  found by the Commissioner of Education.

 4  

 5  If, in the third instance, the individual enters into a

 6  settlement agreement with the Department of Education, that

 7  agreement shall also include a penalty revoking that

 8  individual's Florida educator's certificate for a minimum of 1

 9  year.

10         Section 14.  Subsections (1), (7), and (8) of section

11  1012.796, Florida Statutes, are amended to read:

12         1012.796  Complaints against teachers and

13  administrators; procedure; penalties.--

14         (1)(a)  The Department of Education shall cause to be

15  investigated expeditiously any complaint filed before it or

16  otherwise called to its attention which, if legally

17  sufficient, contains grounds for the revocation or suspension

18  of a certificate or any other appropriate penalty as set forth

19  in subsection (7). The complaint is legally sufficient if it

20  contains the ultimate facts which show a violation has

21  occurred as provided in s. 1012.795. The department may

22  investigate or continue to investigate and take appropriate

23  action on a complaint even though the original complainant

24  withdraws the complaint or otherwise indicates a desire not to

25  cause it to be investigated or prosecuted to completion. The

26  department may investigate or continue to investigate and take

27  action on a complaint filed against a person whose educator

28  certificate has expired if the act or acts which are the basis

29  for the complaint were allegedly committed while that person

30  possessed an educator certificate.

31  

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 1         (b)  When an investigation is undertaken, the

 2  department shall notify the certificateholder or applicant for

 3  certification and the district school superintendent in the

 4  district in which the certificateholder is employed, or the

 5  university laboratory school, charter school, or private

 6  school in which the certificateholder or applicant for

 7  certification is employed or was employed at the time the

 8  alleged offense occurred. Further, the department and shall

 9  inform the certificateholder or applicant for certification of

10  the substance of any complaint which has been filed against

11  that certificateholder or applicant, unless the department

12  determines that such notification would be detrimental to the

13  investigation, in which case the department may withhold

14  notification.

15         (c)  Each school district shall file in writing with

16  the department all legally sufficient complaints within 30

17  days after the date on which subject matter of the complaint

18  comes to the attention of the school district. The school

19  district shall include all information relating to the

20  complaint which is known to the school district at the time of

21  filing. Each district school board shall develop policies and

22  procedures to comply with this reporting requirement. The

23  district school board policies and procedures shall include

24  appropriate penalties for all personnel of the district school

25  board for nonreporting and procedures for promptly informing

26  the district school superintendent of each legally sufficient

27  complaint. The district school superintendent is charged with

28  knowledge of these policies and procedures.  If the district

29  school superintendent has knowledge of a legally sufficient

30  complaint and does not report the complaint, or fails to

31  enforce the policies and procedures of the district school

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 1  board, and fails to comply with the requirements of this

 2  subsection, in addition to other actions against

 3  certificateholders authorized by law, the district school

 4  superintendent shall be subject to penalties as specified in

 5  s. 1001.51(12) s. 1001.51(13). This paragraph does not limit

 6  or restrict the power and duty of the department to

 7  investigate complaints as provided in paragraphs (a) and (b),

 8  regardless of the school district's untimely filing, or

 9  failure to file, complaints and followup reports.

10         (d)  Notwithstanding any other law, all law enforcement

11  agencies, state attorneys, social service agencies, district

12  school boards, and the Division of Administrative Hearings

13  shall fully cooperate with and, upon request, shall provide

14  unredacted documents to the Department of Education to further

15  investigations and prosecutions conducted pursuant to this

16  section. Any document received pursuant to this paragraph may

17  not be redisclosed except as authorized by law.

18         (7)  A panel of the commission shall enter a final

19  order either dismissing the complaint or imposing one or more

20  of the following penalties:

21         (a)  Denial of an application for a teaching

22  certificate or for an administrative or supervisory

23  endorsement on a teaching certificate. The denial may provide

24  that the applicant may not reapply for certification, and that

25  the department may refuse to consider that applicant's

26  application, for a specified period of time or permanently.

27         (b)  Revocation or suspension of a certificate.

28         (c)  Imposition of an administrative fine not to exceed

29  $2,000 for each count or separate offense.

30         (d)  Placement of the teacher, administrator, or

31  supervisor on probation for a period of time and subject to

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 1  such conditions as the commission may specify, including

 2  requiring the certified teacher, administrator, or supervisor

 3  to complete additional appropriate college courses or work

 4  with another certified educator, with the administrative costs

 5  of monitoring the probation assessed to the educator placed on

 6  probation. An educator who has been placed on probation shall,

 7  at a minimum:

 8         1.  Immediately notify the investigative office in the

 9  Department of Education upon employment or termination of

10  employment in the state in any public or private position

11  requiring a Florida educator's certificate.

12         2.  Have his or her immediate supervisor submit annual

13  performance reports to the investigative officer in the

14  Department of Education.

15         3.  Pay to the commission within the first 6 months of

16  each probation year the administrative costs of monitoring

17  probation assessed to the educator.

18         4.  Violate no law and shall fully comply with all

19  district school board policies, school rules, and State Board

20  of Education rules.

21         5.  Satisfactorily perform his or her assigned duties

22  in a competent, professional manner.

23         6.  Bear all costs of complying with the terms of a

24  final order entered by the commission.

25         (e)  Restriction of the authorized scope of practice of

26  the teacher, administrator, or supervisor.

27         (f)  Reprimand of the teacher, administrator, or

28  supervisor in writing, with a copy to be placed in the

29  certification file of such person.

30         (g)  Imposition of an administrative sanction, upon a

31  person whose teaching certificate has expired, for an act or

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 1  acts committed while that person possessed a teaching

 2  certificate or an expired certificate subject to late renewal,

 3  which sanction bars that person from applying for a new

 4  certificate for a period of 10 years or less, or permanently.

 5         (h)  Refer the teacher, administer, or supervisor to

 6  the recovery network program provided in s. 1012.798 under

 7  such terms and conditions as the commission may specify.

 8         (8)  Violations of the provisions of a final order

 9  probation shall result in an order to show cause issued by the

10  clerk of the Education Practices Commission if requested by

11  the Department of Education. Upon failure of the educator

12  probationer, at the time and place stated in the order, to

13  show cause satisfactorily to the Education Practices

14  Commission why a penalty for violating the provisions of a

15  final order probation should not be imposed, the Education

16  Practices Commission shall impose whatever penalty is

17  appropriate as established in s. 1012.795(6). Any probation

18  period will be tolled when an order to show cause has been

19  issued until the issue is resolved by the Education Practices

20  Commission; however, the other terms and conditions of the

21  final order shall be in full force and effect until changed by

22  the Education Practices Commission.

23         Section 15.  Subsections (1), (3), (6), and (10) of

24  section 1012.798, Florida Statutes, are amended to read:

25         1012.798  Recovery network program for educators.--

26         (1)  RECOVERY NETWORK ESTABLISHED.--There is created

27  within the Department of Education, a recovery network program

28  to assist educators who are impaired as a result of alcohol

29  abuse, drug abuse, or a mental condition to obtain treatment

30  in obtaining treatment to permit their continued contribution

31  to the education profession.  Any person who has applied for

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 1  or holds certification issued by the department pursuant to s.

 2  1012.56 is eligible for the program assistance. The individual

 3  may access the program voluntarily or be directed to

 4  participate through a deferred prosecution agreement with the

 5  Commissioner of Education or a final order of the Education

 6  Practices Commission pursuant to s. 1012.796.

 7         (3)  PURPOSE.--The recovery network program shall

 8  assist educators in obtaining treatment and services from

 9  approved treatment providers, but each impaired educator must

10  pay for his or her treatment under terms and conditions agreed

11  upon by the impaired educator and the treatment provider.  A

12  person who is admitted to the recovery network program must

13  contract with the treatment provider and the program.  The

14  treatment contract must prescribe the type of treatment and

15  the responsibilities of the impaired educator and of the

16  provider and must provide that the impaired educator's

17  progress will be monitored by the recovery network program.

18         (6)  PARTICIPATION.--The recovery network program shall

19  operate independently of employee assistance programs operated

20  by local school districts, and the powers and duties of school

21  districts to make employment decisions, including disciplinary

22  decisions, is not affected except as provided in this section:

23         (a)  A person who is not subject to investigation or

24  proceedings under ss. 1012.795 and 1012.796 may voluntarily

25  seek assistance through a local school district employee

26  assistance program for which he or she is eligible and through

27  the recovery network, regardless of action taken against him

28  or her by a school district. Voluntarily seeking assistance

29  alone does not subject a person to proceedings under ss.

30  1012.795 and 1012.796.

31  

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    Florida Senate - 2004                                  SB 2986
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 1         (b)  A person who is subject to investigation or

 2  proceedings under ss. 1012.795 and 1012.796 may be required to

 3  participate in the program.  The program may approve a local

 4  employee assistance program as a treatment provider or as a

 5  means of securing a treatment provider.  The program and the

 6  local school district shall cooperate so that the person may

 7  obtain treatment without limiting the school district's

 8  statutory powers and duties as an employer or the disciplinary

 9  procedures under ss. 1012.795 and 1012.796.

10         (c)  A person may be enrolled in a treatment program by

11  the recovery network program after an investigation pursuant

12  to s. 1012.796 has commenced, if the person A person who has

13  not previously been under investigation by the department may

14  be enrolled in a treatment program by the recovery network

15  after an investigation has commenced, if the person:

16         1.  Acknowledges his or her impairment.

17         2.  Agrees to evaluation, as approved by the recovery

18  network.

19         3.  Agrees to enroll in an appropriate treatment

20  program approved by the recovery network.

21         4.  Executes releases for all medical and treatment

22  records regarding his or her impairment and participation in a

23  treatment program to the recovery network, pursuant to 42

24  U.S.C. s. 290dd-3 and the federal regulations adopted

25  thereunder.

26         5.  Enters into a deferred prosecution agreement with

27  the commissioner, which provides that no prosecution shall be

28  instituted concerning the matters enumerated in the agreement

29  if the person is properly enrolled in the treatment program

30  and successfully completes the program as certified by the

31  recovery network. The commissioner is under no obligation to

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    Florida Senate - 2004                                  SB 2986
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 1  enter into a deferred prosecution agreement with the educator

 2  but may do so if he or she determines that it is in the best

 3  interest of the educational program of the state, and the

 4  educator.

 5         a.6.  Has not previously entered a substance abuse

 6  program.

 7         b.7.  Is not being investigated for any action

 8  involving commission of a felony or violent act against

 9  another person.

10         c.8.  Has not had multiple arrests for minor drug use,

11  possession, or abuse of alcohol.

12         (10)  DECLARATION OF INELIGIBILITY.--

13         (a)  A person may be declared ineligible for further

14  assistance from the recovery network program if he or she does

15  not progress satisfactorily in a treatment program or leaves a

16  prescribed program or course of treatment without the approval

17  of the treatment provider.

18         (b)  The determination of ineligibility must be made by

19  the commissioner in cases referred to him or her by the

20  program administrator or designee after review of the

21  circumstances of the case. Before referring a case to the

22  commissioner, the administrator must discuss the circumstances

23  with the treatment provider.  The commissioner may direct the

24  Office of Professional Practices Services to investigate the

25  case and provide a report.

26         (c)  If treatment through a treatment contract with the

27  program is a condition of a deferred prosecution agreement,

28  and the program administrator commissioner determines that the

29  person is ineligible for further assistance, the commissioner

30  may agree to modify the terms and conditions of the deferred

31  prosecution agreement or may issue an administrative

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    Florida Senate - 2004                                  SB 2986
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 1  complaint, pursuant to s. 1012.796, alleging the charges

 2  regarding which prosecution was deferred.  The person may

 3  dispute the determination as an affirmative defense to the

 4  administrative complaint by including with his or her request

 5  for hearing on the administrative complaint a written

 6  statement setting forth the facts and circumstances that show

 7  that the determination of ineligibility was erroneous.  If

 8  administrative proceedings regarding the administrative

 9  complaint, pursuant to ss. 120.569 and 120.57, result in a

10  finding that the determination of ineligibility was erroneous,

11  the person is eligible to participate in the program. If the

12  determination of ineligibility was the only reason for setting

13  aside the deferred prosecution agreement and issuing the

14  administrative complaint and the administrative proceedings

15  result in a finding that the determination was erroneous, the

16  complaint shall be dismissed and the deferred prosecution

17  agreement reinstated without prejudice to the commissioner's

18  right to reissue the administrative complaint for other

19  breaches of the agreement.

20         (d)  If treatment through a treatment contract with the

21  program is a condition of a final order of the Education

22  Practices Commission, the program administrator's

23  commissioner's determination of ineligibility constitutes a

24  finding of probable cause that the person failed to comply

25  with the final order. Pursuant to ss. 1012.795 and 1012.796,

26  upon the request of the Department of Education, the clerk of

27  the Education Practices Commission shall issue to the educator

28  an order to show cause, or the Commissioner of Education may

29  issue an administrative complaint The commissioner shall issue

30  an administrative complaint, and the case shall proceed under

31  ss. 1012.795 and 1012.796, in the same manner as for cases

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    Florida Senate - 2004                                  SB 2986
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 1  based on a failure to comply with an order of the Education

 2  Practices Commission.

 3         (e)  If the person voluntarily entered into a treatment

 4  contract with the program, the program administrator

 5  commissioner shall issue a written notice stating the reasons

 6  for the determination of ineligibility. Within 20 days after

 7  the date of such notice, the person may contest the

 8  determination of ineligibility pursuant to ss. 120.569 and

 9  120.57.

10         Section 16.  This act shall take effect upon becoming a

11  law.

12  

13            *****************************************

14                          SENATE SUMMARY

15    Amends various provisions relating to education
      personnel. Provides for the expunging of criminal history
16    records of applicants for employment at certain schools.
      Provides an exception to sealed records provisions for
17    applicants for employment at certain schools. Revises
      certain criteria for admission to approved teacher
18    preparation programs. Creates the Quest to Teach program.
      Requires guidelines for teacher mentors. Requires
19    electronic access to professional resources for teachers.
      Creates an Education Appreciation Week. Provides
20    employment and training requirements for substitute
      teachers. Provides employment criteria for substitute
21    teachers. Requires certain teacher certification
      information to be in the Course Code Directory.
22    Authorizes the filing of an affidavit with the
      application for a certificate. Requires certified
23    educators and applicants for certification to maintain a
      current address with the Department of Education. Creates
24    the College Graduates to Classroom Teachers Alternative
      Certification program. Requires training in the teaching
25    of reading for certified personnel who teach students who
      have limited English proficiency. Reduces the membership
26    of Education Practices Commission review panels.
      Increases the discipline options available to the
27    Education Practices Commission. Revises the procedures
      for investigating complaints against certified personnel.
28    Provides the conditions of probation. Revises procedures
      for accessing the recovery network program.
29  

30  

31  

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