The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Appropriations
BILL: CS/SB 1864
INTRODUCER: Appropriations Committee; and Senators Perry and Diaz
SUBJECT: Education
DATE: April 18, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Brick Bouck ED Favorable
2. Underhill Elwell AED Recommend: Favorable
3. Underhill Sadberry AP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1864 requires the Department of Education (DOE) to maintain a list of persons
permanently disqualified from employment in a public school or a private school that
participates in a state educational scholarship program (private scholarship school). The bill
requires this disqualification list to include the identities of persons who were terminated or
resigned from employment as a result of sexual misconduct with a student and prohibits public
schools and private scholarship schools, from employing a person in a position with direct
contact with students if the person is included on the disqualification list. The bill also:
Requires that educational support employees be included to the same extent required for
instructional personnel and school administrators in policies establishing standards of ethical
conduct and procedures for investigating, reporting, and terminating personnel.
Requires the complete investigation of complaints of misconduct by public school personnel
and provides authority for the DOE to place a person on the disqualification list.
Provides that a person on the disqualification list commits a felony of the third degree for
serving or applying for employment in a public or private scholarship school.
Provides authority for the DOE to remove a person from the disqualification list.
The bill has a state fiscal impact and may increase cost for school districts and for private
schools that participate in state school choice scholarship programs. DOE projects needing a
total of three additional staff to perform administrative activities outlined in this bill, at a
projected recurring cost of $262,522. In addition, the DOE estimates needing between $200,000
BILL: CS/SB 1864 Page 2
and $500,000 to modify the administrative and instructional staff database to meet the
requirements of the bill. See Section V.
The bill takes effect July 1, 2021.
II. Present Situation:
The Department of Education (DOE) is required to provide technical assistance to school districts,
charter schools, the Florida School for the Deaf and the Blind, and private schools that accept
scholarship students who participate in a state scholarship program (private scholarship schools) in
the development of policies, procedures, and training related to employment practices and standards
of ethical conduct for instructional personnel and school administrators. In addition, the DOE is
required to provide authorized staff of school districts, charter schools, the Florida School for the
Deaf and the Blind, and private scholarship schools with access to:
The Professional Practices’ Database of Disciplinary Actions Against Educators;
The DOE’s Teacher Certification Database; and
Data necessary for performing employment history checks of the instructional personnel and
school administrators included in the databases.1
Disqualification from Employment
Before employing a person in any position that requires direct contact with students in a district
school, charter school, or private scholarship school, the employer must conduct employment
history checks of each of the person's previous employers, screen instructional personnel and
school administrators using the Professional Practices' Database of Disciplinary Actions Against
Educators and the DOE's Teacher Certification Database, and document the findings.2
A person is ineligible for an educator certification or employment in any position that requires
direct contact with students in a district school system, charter school, or private scholarship
school if the person has been convicted of certain offenses specified in law.3 District school
boards and charter school governing boards must disqualify instructional personnel and school
administrators from employment in any position that requires direct contact with students if the
person is ineligible for employment due to a conviction of any of the specified offenses.
A school district or private scholarship school may not enter into a confidentiality agreement
regarding terminated or dismissed instructional personnel or school administrators, or personnel
or administrators who resign in lieu of termination. School districts and private scholarship
schools must disclose misconduct that affects the health, safety, or welfare of a student when
discussing performance with prospective employers in another educational setting. Any part of
an agreement or contract that has the purpose or effect of concealing misconduct by instructional
personnel or school administrators that affects the health, safety, or welfare of a student is void,
is contrary to public policy, and may not be enforced.4
1
Section 1001.10(4) and (5), F.S.
2
Sections 1002.33(12), 1002.421(1), and 1012.27(6), F.S.
3
Section 1012.315, F.S.
4
Id.
BILL: CS/SB 1864 Page 3
Criminal History Background Screening
Public Schools
Instructional and noninstructional personnel who are hired or contracted to fill positions that
require direct contact with students in any public school, including a charter school, must file
with the district school board a complete set of fingerprints, which are submitted to the Florida
Department of Law Enforcement (FDLE), for statewide criminal and juvenile records checks,
and to the Federal Bureau of Investigation (FBI), for national criminal records checks.5 The
screening cost is borne by the district school board, the charter school, the employee, the
contractor, or other person subject to the screening requirements.6 FBI criminal history record
information may be used solely for the purpose requested and cannot be disseminated outside the
receiving departments, related agencies, or other authorized entities.7 The FDLE must retain the
fingerprints and report any arrest record of a person that is identified with the retained
fingerprints to the employing or contracting school district or the school district with which the
person is affiliated.8 Employees and contracted personnel subject to these fingerprinting
requirements must be rescreened every five years.9
Private Schools Accepting State Scholarship Students
A private scholarship school must require each employee, contracted personnel, and owner or
operator with direct student contact to undergo a state and national background screening by
electronically filing a complete set of fingerprints with the FDLE. The FDLE must retain the
fingerprints and report any arrest record of a person that is identified with the retained
fingerprints to the employing or contracting private scholarship school. Employees and
contracted personnel subject to these fingerprinting requirements must be rescreened every five
years.10
Standards of Ethical Conduct for Education Personnel
District school boards, charter school governing boards, and private scholarship schools are
required to adopt policies establishing standards of ethical conduct for instructional personnel
and school administrators. The policies must require all instructional personnel and school
administrators to complete training on the standards of ethical conduct, establish the duty of, and
procedures for, instructional personnel and school administrators to report alleged misconduct by
other instructional personnel and school administrators that affects the health, safety, or welfare
of a student.11 These policies must also include an explanation of liability protections for
reporting child abuse and disclosing information concerning former employees.12
5
Section 1012.32(2), F.S. This requirement is subject to limited exceptions for noninstructional contractors who meet the
requirements specified in s. 1012.468, F.S.
6
Section 1012.32(2), F.S.
7
28 C.F.R. s. 50.12(b).
8
Section 1012.32(3), F.S.
9
Sections 1012.465 and 1012.56(10), F.S.
10
Section 1002.421(1)(m) and (p), F.S.
11
Sections 1001.42(6), 1002.33(12)(g), 1002.421(1)(n), and 1012.796(1)(d), F.S.
12
Section 1006.061, F.S.
BILL: CS/SB 1864 Page 4
District school board policies must require the superintendent to report to law enforcement
misconduct by instructional personnel or school administrators that would result in
disqualification from educator certification or employment.13
District school board officials and superintendents, charter schools, and private scholarship
schools are subject to penalties for failing to adopt policies establishing standards of ethical
conduct. Specifically:
If a school board member knowingly fails to adopt policies that require instructional
personnel and school administrators to report misconduct, the member forfeits his or her
salary for one year.14
A district school superintendent who knowingly fails to investigate or report such
misconduct, or knowingly files a false report of misconduct, also forfeits his or her salary for
one year.15
The sponsor16 of the charter school must terminate the charter.17
The DOE must suspend the payment of funds to a private scholarship school and shall
prohibit the school from enrolling new scholarship students for one fiscal year and until the
school complies. In the event the private scholarship school consistently fails to comply, the
commissioner may determine that the private scholarship school is ineligible to participate in
a scholarship program.
The commissioner may deny, suspend, or revoke a private school’s participation in a scholarship
program if the commissioner determines that:
An owner or operator of the private scholarship school is operating or has operated an
educational institution in this state or in another state or jurisdiction in a manner contrary to
health, safety or welfare of the public; or
The owner or operator has exhibited a previous pattern of failure to comply with the relevant
law or specific requirements identified within respective scholarship program laws.18
Complaints against Teachers and Administrators
A person seeking employment at a public school as a school supervisor, principal, teacher,
library media specialist, counselor, athletic coach, or in another instructional capacity must hold
a certificate issued by the DOE.19 If allegations arise against an employee who possesses an
educator certificate and is employed in an educator-certificated position in any public school,
charter school, or private scholarship school, the school must file a legally sufficient complaint
13
Section 1001.42(6), F.S.
14
Section 1001.42(7)(b), F.S.
15
Section 1001.51(12), F.S.
16
The local district school board or a state university may sponsor a charter school. Section 1002.33(5), F.S.
17
Section 1002.33(12)(g)5., F.S.
18
Section 1002.421(3), F.S.
19
Sections 1002.33(12)(f) (charter school teachers) and 1012.55(1), F.S. District school boards and charter school governing
boards are authorized to hire non-certified individuals who possess expertise in a given field to serve in an instructional
capacity. Rule 6A-1.0502, F.A.C.; ss. 1002.33(12)(f) and 1012.55(1)(c), F.S. Occupational therapists, physical therapists,
audiologists, and speech therapists are not required to be certified educators. Rule 6A-1.0502(10) and (11), F.A.C.
BILL: CS/SB 1864 Page 5
with the DOE within 30 days from the date the school had notice of the incident, regardless of
whether the subject of the allegations is still employed by the school.20
The DOE is tasked with investigating any legally sufficient complaint filed before it or otherwise
called to its attention which contains grounds for sanctions against an educator certificate and
must immediately investigate any legally sufficient complaint that involves misconduct by any
certificated personnel which affects the health, safety, or welfare of a student, giving the
complaint priority over other pending complaints–even if the complainant withdraws the
complaint. The DOE may investigate a complaint filed against a person whose educator
certificate has expired if the act or acts that are the basis for the complaint were allegedly
committed while that person possessed an educator certificate.21
A school district superintendent must report to the DOE an arrest or conviction of any
administrative or instructional personnel for certain offenses specified by the DOE within
twenty-four hours of a matter coming to the attention of a school district. The same reporting
requirements apply to substantiated allegations of misconduct by any administrative or
instructional personnel that would constitute any of offenses specified by the DOE, regardless of
whether there has been an arrest or conviction.22
The Education Practices Commission
The Education Practices Commission (EPC) is a quasi-judicial body of peers, law enforcement, and
lay persons, which interprets and applies the standards of professional practice established by the
SBE.23 The EPC is assigned to the DOE for administrative purposes but is not subject to control,
supervision, or direction by the DOE.24
The EPC may impose one or more of the following penalties against a person with an educator
certificate:
Suspend the educator certificate of any instructional personnel or school administrator, for up
to five years, thereby denying that person the right to teach or otherwise be employed by a
district school board or public school in any capacity requiring direct contact with students
for that period of time, after which the person may return to teaching.
Revoke the educator certificate of any person, thereby denying that person the right to teach
or otherwise be employed by a district school board or public school in any capacity
requiring direct contact with students for up to 10 years, with reinstatement subject to law.
Permanently revoke the educator certificate of any person thereby denying that person the
right to teach or otherwise be employed by a district school board or public school in any
capacity requiring direct contact with students.
Suspend an educator’s certificate, upon an order of the court or notice by the Department of
Revenue relating to the payment of child support; or impose any other penalty provided by
law.25
20
Section 1012.796(1)(e), F.S.
21
Section 1012.796(1), F.S.
22
Rule 6A-10.082, F.A.C.
23
Section 1012.79, F.S.
24
Section 1012.79(6)(a), F.S.
25
Section 1012.795(1), F.S.
BILL: CS/SB 1864 Page 6
III. Effect of Proposed Changes:
The Florida Department of Education
The bill requires the DOE to maintain a list of persons permanently disqualified from
employment in a public school or a private scholarship school. The bill requires this
disqualification list to include the identity of any person who has been: 26
Permanently denied an educator certificate or whose educator certificate has been
permanently revoked and has been placed on the list by the Education Practices Commission
(EPC);
Permanently disqualified by the commissioner from owning or operating a private
scholarship school;
Terminated, or has resigned in lieu of termination, from employment as a result of sexual
misconduct with a student; or
Disqualified from employment due to a conviction of any of the offenses specified in law.
The DOE is authorized to remove a person from the disqualification list if the person
demonstrates that:
A completed law