- Chapter 1012 - 2012 Florida Statutes - The Florida Senate

7/28/2019 - Chapter 1012 - 2012 Florida Statutes - The Florida Senate

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www.flsenate.gov/Laws/Statutes/2012/Chapter1012/All

PART I

PART II

PART III

PART IV

PART V

PART VI

2012 Florida StatutesTITLE XLVIII

K-20 EDUCATION CODECHAPTER 1012

PERSONNELVIEW ENTIRE CHAPTER

CHAPTER 101 2

PERSONNEL

GENERAL PROVISIONS

(s. 1012.01)

K-20 PERSONNEL ISSUES

(ss. 1012.05-1012.07)

PUBLIC SCHOOLS; PERSONNEL

(ss. 1012.21-1012.799)

PUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS; PERSONNEL

(ss. 1012.80-1012.976)

PROFESSIONAL DEVELOPMENT

(ss. 1012.98-1012.986)

INTERSTATE COMPACT ON QUALIFICATIONS OF EDUCATIONAL PERSONNEL

(ss. 1012.99-1012.992)

PART I

GENERAL PROVISIONS

1012.01 Definitions.

1012.01 Definitions.As used in this chapter, the following terms have the following meanings:(1) SCHOOL OFFICERS.The officers of the state system of public K-12 and Florida College System

institution education shall be the Commissioner of Education and the members of the State Board of Education;

for each district school system, the officers shall be the district school superintendent and members of the district

school board; and for each Florida College System institution, the officers shall be the Florida College System

institution president and members of the Florida College System institution board of trustees.

(2) INSTRUCTIONAL PERSONNEL.Instructional personnel means any K-12 staff member whose

function includes the provision of direct instructional services to students. Instructional personnel also includes

K-12 personnel whose functions provide direct support in the learning process of students. Included in the

classification of instructional personnel are the following K-12 personnel:

(a) Classroom teachers.Classroom teachers are staff members assigned the professional activity of instructing

students in courses in classroom situations, including basic instruction, exceptional student education, career

education, and adult education, including substitute teachers.

(b) Student personnel services.Student personnel services include staff members responsible for: advising

students with regard to their abilities and aptitudes, educational and occupational opportunities, and personal

and social adjustments; providing placement services; performing educational evaluations; and similar functions

Included in this classification are guidance counselors, social workers, career specialists, and school psychologists

(c) Librarians/media specialists.Librarians/media specialists are staff members responsible for providing

school library media services. These employees are responsible for evaluating, selecting, organizing, and

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managing media and technology resources, equipment, and related systems; facilitating access to information

resources beyond the school; working with teachers to make resources available in the instructional programs;

assisting teachers and students in media productions; and instructing students in the location and use of

information resources.

(d) Other instructional staff.Other instructional staff are staff members who are part of the instructional staff

but are not classified in one of the categories specified in paragraphs (a)-(c). Included in this classification are

primary specialists, learning resource specialists, instructional trainers, adjunct educators certified pursuant to s.

1012.57, and similar positions.(e) Education paraprofessionals.Education paraprofessionals are individuals who are under the direct

supervision of an instructional staff member, aiding the instructional process. Included in this classification are

classroom paraprofessionals in regular instruction, exceptional education paraprofessionals, career education

paraprofessionals, adult education paraprofessionals, library paraprofessionals, physical education and

playground paraprofessionals, and other school-level paraprofessionals.

(3) ADMINISTRATIVE PERSONNEL.Administrative personnel includes K-12 personnel who perform

management activities such as developing broad policies for the school district and executing those policies

through the direction of personnel at all levels within the district. Administrative personnel are generally high-

level, responsible personnel who have been assigned the responsibilities of systemwide or schoolwide functions,such as district school superintendents, assistant superintendents, deputy superintendents, school principals,

assistant principals, career center directors, and others who perform management activities. Broad classifications

of K-12 administrative personnel are as follows:

(a) District-based instructional a dministrators.Included in this classification are persons with district-level

administrative or policymaking duties who have broad authority for management policies and general school

district operations related to the instructional program. Such personnel often report directly to the district school

superintendent and supervise other administrative employees. This classification includes assistant, associate, or

deputy superintendents and directors of major instructional areas, such as curriculum, federal programs such as

Title I, specialized instructional program areas such as exceptional student education, career education, and

similar areas.

(b) District-based noninstructional administrators.Included in this classification are persons with district-

level administrative or policymaking duties who have broad authority for management policies and general

school district operations related to the noninstructional program. Such personnel often report directly to the

district school superintendent and supervise other administrative employees. This classification includes

assistant, associate, or deputy superintendents and directors of major noninstructional areas, such as personnel,

construction, facilities, transportation, data processing, and finance.

(c) School administrators.Included in this classification are:

1. School principals or school directors who are staff members performing the assigned activities as the

administrative head of a school and to whom have been delegated responsibility for the coordination andadministrative direction of the instructional and noninstructional activities of the school. This classification also

includes career center directors.

2. Assistant principals who are staff members assisting the administrative head of the school. This

classification also includes assistant principals for curriculum and administration.

(4) YEAR OF SERVICE.The minimum time which may be recognized in administering K-12 education,

not including retirement, as a year of service by a school employee shall be full-time actual service; and,

beginning July 1963, such service shall also include sick leave and holidays for which compensation was received

but shall exclude all other types of leave and holidays for a total of more than one-half of the number of days


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required for the normal contractual period of service for the position held, which shall be 196 days or longer, or

the minimum required for the district to participate in the Florida Education Finance Program in the year service

was rendered, or the equivalent for service performed on a daily or hourly basis; provided, further, that absence

from duty after the date of beginning service shall be covered by leave duly authorized and granted; further, the

school board shall have authority to establish a different minimum for local district school purposes.

(5) SCHOOL VOLUNTEER.A K-12 school volunteer is any nonpaid person who may be appointed by a

district school board or its designee. School volunteers may include, but may not be limited to, parents, senior

citizens, students, and others who assist the teacher or other members of the school staff.(6) EDUCATIONAL SUPPORT EMPLOYEES.Educational support employees means K-12 employees

whose job functions are neither administrative nor instructional, yet whose work supports the educational

process.

(a) Other professional staff or nonadministrative/noninstructional employees are staff members who perform

professional job functions which are nonadministrative/noninstructional in nature and who are not otherwise

classified in this section. Included in this classification are employees such as doctors, nurses, attorneys, certified

public accountants, and others appropriate to the classification.

(b) Technicians are individuals whose occupations require a combination of knowledge and manual skill

which can be obtained through about 2 years of post-high school education, such as is offered in many careercenters and Florida College System institutions, or through equivalent on-the-job training.

(c) Clerical/secretarial workers are individuals whose job requires skills and training in clerical-type work,

including activities such as preparing, transcribing, systematizing, or preserving written communications and

reports or operating equipment performing those functions. Included in this classification are secretaries,

bookkeepers, messengers, and office machine operators.

(d) Skilled crafts workers are individuals who perform jobs which require special manual skill and a thorough

and comprehensive knowledge of the processes involved in the work which is acquired through on-the-job

training and experience or through apprenticeship or other formal training programs. Lead workers for the

various skilled crafts areas shall be included in this classification.

(e) Service workers are staff members performing a service for which there are no formal qualifications,

including those responsible for: cleaning the buildings, school plants, or supporting facilities; maintenance and

operation of such equipment as heating and ventilation systems; preserving the security of school property; and

keeping the school plant safe for occupancy and use. Lead workers in the various service areas shall be included

in this broad classification.

(7) MANAGERS.Managers includes those K-12 staff members who perform managerial and supervisory

functions while usually also performing general operations functions. Managers may be either instructional or

noninstructional in their responsibility. They may direct employees work, plan the work schedule, control the

flow and distribution of work or materials, train employees, handle complaints, authorize payments, and

appraise productivity and efficiency of employees. This classification includes coordinators and supervisorsworking under the general direction of those staff identified as district-based instructional or noninstructional

administrators.

History.s. 689, ch. 2002-387; s. 6, ch. 2004-295; ss. 6, 131, ch. 2004-357; s. 161, ch. 2007-217; s. 182, ch.

2011-5.

PART II

K-20 PERSONNEL ISSUES

1012.05 Teacher recruitment and retention.

1012.06 Temporary assignment of professional staff among K-20 system.
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1012.07 Identification of critical teacher shortage areas.

1012.05 Teacher recruitment and retention.

(1) The Department of Education, in cooperation with teacher organizations, district personnel offices, and

schools, colleges, and departments of all public and nonpublic postsecondary educational institutions, shall

concentrate on the recruitment and retention of qualified teachers.

(2) The Department of Education shall:

(a) Develop and implement a system for posting teaching vacancies and establish a database of teacher

applicants that is accessible within and outside the state.(b) Advertise in major newspapers, national professional publications, and other professional publications

and in public and nonpublic postsecondary educational institutions.

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

(d) Conduct periodic communications with district personnel directors regarding applicants.

(e) Provide district access to the applicant database by computer or telephone.

(f) Develop and distribute promotional materials related to teaching as a career.

(g) Publish and distribute information pertaining to employment opportunities, application procedures, and

all routes toward teacher certification in Florida, and teacher salaries.

(h) Provide information related to certification procedures.

(i) Develop and sponsor the Florida Future Educator of America Program throughout the state.

(j) Develop, in consultation with school district staff including, but not limited to, district school

superintendents, district school board members, and district human resources personnel, a long-range plan for

educator recruitment and retention.

(k) Identify best practices for retaining high-quality teachers.

(l) Create guidelines and identify best practices for the mentors of first-time teachers and for new teacher-

support programs that focus on the professional assistance needed by first-time teachers throughout the first yea

of teaching. The department shall consult with the Florida Center for Reading Research and the Just Read,

Florida! Office in developing the guidelines.

(m) Develop and implement a First Response Center to provide educator candidates one-stop shopping for

information on teaching careers in Florida and establish the Teacher Lifeline Network to provide online support

to beginning teachers and those needing assistance.

(n) Develop and implement an online Teacher Toolkit that contains a menu of resources, based on the

Sunshine State Standards, that all teachers can use to enhance classroom instruction and increase teacher

effectiveness, thus resulting in improved student achievement.

(o) Establish a week designated as Educator Appreciation Week to recognize the significant contributions

made by educators to their students and school communities.

(p) The Department of Education shall notify each teacher, via e-mail, of each item in the General

Appropriations Act and legislation that affects teachers, including, but not limited to, the Excellent T eachingProgram, the Teachers Lead Program, liability insurance protection for teachers, death benefits for teachers,

substantive legislation, rules of the State Board of Education, and issues concerning student achievement.

(3)(a) Each school board shall adopt policies relating to mentors and support for first-time teachers based

upon guidelines issued by the Department of Education.

(b) By September 15 and February 15 each school year, each school district shall electronically submit

accurate public school e-mail addresses for all instructional and administrative personnel, as identified in s.

1012.01(2) and (3), to the Department of Education.

(4) The Department of Education, in cooperation with district personnel offices, shall sponsor a job fair in a


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central part of the state to match in-state educators and potential educators and out-of-state educators and

potential educators with teaching opportunities in this state. The Department of Education is authorized to collec

a job fair registration fee not to exceed $20 per person and a booth fee not to exceed $250 per school district or

other interested participating organization. The revenue from the fees shall be used to promote and operate the

job fair. Funds may be used to purchase promotional items such as mementos, awards, and plaques.

(5) Subject to proviso in the General Appropriations Act, the Commissioner of Education may use funds

appropriated by the Legislature and funds from federal grants and other sources to provide incentives for teache

recruitment and preparation programs. The purpose of the use of such funds is to recruit and prepare individualwho do not graduate from state-approved teacher preparation programs to teach in a Florida public school. The

commissioner may contract with entities other than, and including, approved teacher preparation programs to

provide intensive teacher training leading to passage of the required certification exams for the desired subject

area or coverage. The commissioner shall survey school districts to evaluate the effectiveness of such programs.

(6) The Commissioner of Education shall take steps that provide flexibility and consistency in meeting the

highly qualified teacher criteria as defined in the No Child Left Behind Act of 2001 through a High, Objective,

Uniform State Standard of Evaluation (HOUSSE).

History.s. 691, ch. 2002-387; s. 40, ch. 2003-391; s. 14, ch. 2004-271; s. 7, ch. 2004-295; s. 181, ch. 2010-102.

1012.06 Temporary assignment of professional staff among K-20 system.To facilitate economical andeffective use of professional staff, school districts, public postsecondary educational institutions, and the

Department of Education may enter into written agreements assigning employees among themselves. The

purpose of the temporary assignment is to bring staff together within the state system of education,

notwithstanding their current places of assignment or agencies of employment, who possess specific or unique

knowledge or experience especially suited to solving specific problems, developing new programs, or providing

technical assistance on specific tasks or programs.

(1) A person may be temporarily assigned for whatever period of time is required for a specific task;

however, no assignment may be for a period of more than 2 years.

(2) A person on temporary assignment shall be considered on temporary assignment duty to regular work

assignments of the sending agency; shall be entitled to all benefits to which the person would otherwise be

entitled, including compensation for injury or disability; shall receive the same salary and benefits as at the

persons regular assignment; and shall remain an employee of the permanent employer for all purposes, except

that the person shall be supervised by the agency to which assigned. Payment of such salary and benefits may

be made by either agency as provided in the assignment agreement.

(3) Travel and per diem expenses incurred while a person is on temporary assignment shall be paid by the

agency to which the person is assigned. Round-trip travel and moving expenses from the persons permanent

location to the temporary assignment may be paid by either agency, as provided in the assignment agreement,

for any assignment in excess of 3 months. Notwithstanding s. 112.061 to the contrary, a person may be paid per

diem expenses for any temporary assignment of 3 months or less.History.s. 692, ch. 2002-387.

11012.07 Identification of critical teacher shortage areas.The term critical teacher shortage area means

high-need content areas and high-priority location areas identified by the State B oard of Education. The State

Board of Education shall adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to annually identify critical

teacher shortage areas. The state board must consider current and emerging educational requirements and

workforce demands in determining critical teacher shortage areas. School grade levels may also be designated

critical teacher shortage areas. Individual district school boards may identify and submit other critical teacher

shortage areas. Such submissions must be aligned to current and emerging educational requirements and
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workforce demands in order to be approved by the State Board of Education. High-priority location areas shall

be in high-density, low-economic urban schools; low-density, low-economic rural schools; and schools that

earned a grade of F or three consecutive grades of D pursuant to s. 1008.34.

History.s. 693, ch. 2002-387; s. 9, ch. 2011-1; s. 18, ch. 2011-37; s. 10, ch. 2012-194.

1Note.Section 17, ch. 2011-1, provides that [c]hapter 2010-279, Laws of Florida, does not apply to any

rulemaking required to administer this act.

PART III

PUBLIC SCHOOLS; PERSONNEL

A. Department of Education, District SchoolBoard, District School Superintendent, and

School Principal Duties;

Public School Personnel

B. Personnel Files, Qualifications,Contracts, Assessment for Public Schools

C. Personnel, Instructionaland Noninstructional; Authorization;

Requirements

D. Educator Certificationfor Public Schools; Renewal; Duties

E. Leave, Retirement, Workers Compensationin Public Schools

F. Educator Benefits; Liability Protection;Awards in Public Schools

G. Personnel Discipline and Assistancein Public Schools

A. Department of Education, District SchoolBoard, District School Superintendent, and

School Principal Duties;

Public School Personnel

1012.21 Department of Education duties; K-12 personnel.

1012.22 Public school personnel; powers and duties of the district school board.

1012.23 School district personnel policies.

1012.2315 Assignment of teachers.

1012.24 Employment and compensation of instructional personnel during specific emergencies.

1012.25 School officers to turn over money and property to successors.

1012.26 Legal services for employees; reimbursement for judgments in civil actions.

1012.27 Public school personnel; powers and duties of district school superintendent.

1012.28 Public school personnel; duties of school principals.1012.21 Department of Education duties; K-12 personnel.

(1) PERIODIC CRIMINAL HISTORY RECORD CHECKS.In cooperation with the Florida Department of

Law Enforcement, the Department of Education may periodically perform criminal history record checks on

individuals who hold a certificate pursuant to s. 1012.56 or s. 1012.57.

(2) COMPUTER DATABASE OF CERTAIN PERSONS WHOSE EMPLOYMENT WAS TERMINATED.

(a) The Department of Education shall establish a computer database containing the names of persons whose

employment is terminated under s. 1012.33(1)(a) or (4)(c), which information shall be available to the district

school superintendents and their designees.
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(b) Each district school superintendent shall report to the Department of Education the name of any person

terminated under s. 1012.33(1)(a) or (4)(c) within 10 working days after the date of final action by the district

school board on the termination, and the department shall immediately enter the information in the computer

records.

(3) SUSPENSION OR DENIAL OF TEACHING CERTIFICATE DUE TO CHILD SUPPORT

DELINQUENCY.The Department of Education shall work cooperatively with the Department of Revenue to

establish an automated method for periodically disclosing information relating to individuals who hold a

certificate pursuant to s. 1012.56 or s. 1012.57 to the Department of Revenue, the states Title IV-D agency. Thepurpose of this section is to promote the public policy of this state relating to child support as established in s.

409.2551. The department shall, when directed by the court or the Department of Revenue pursuant to s.

409.2598, deny or suspend the application of any applicant found not to be in compliance with a support order, a

subpoena, an order to show cause, or a written agreement with the Department of Revenue. The department

shall issue or reinstate the certificate without additional charge to the certificateholder when notified by the court

or the Department of Revenue that the certificateholder has complied with the terms of the support order. The

department is not liable for any certificate denial or suspension resulting from the discharge of its duties under

this section.

(4) CONFERENCES OF PUBLIC SCHOOL PERSONNEL.As a means of stimulating the professionalimprovement of personnel in service, the Department of Education may call conferences of personnel of the

public schools on matters relating solely to education, which conferences, if held on a school day within the

period of time covered by a contract, shall be attended with pay by all who may be designated in the call of the

Department of Education, provided that the call of the Department of Education may indicate that attendance is

optional, and that in any case of those absent from their usual duties during the time of the conference, only

those actually in attendance at the conference shall be entitled to pay for time covered by the conference.

(5) SCHOOL-RELAT ED EMPLOYEE OF THE YEAR PROGRAM.The Department of Education shall, by

rule, provide for a School-Related Employee of the Year Program. In addition to any other provision, the

department shall include in such rules that:

(a) The program shall apply to school-related employees.

(b) The program shall be modeled after the Teacher of the Year Program.

(c) One school-related employee of the year shall be nominated by each district school board in the state.

(d) A selection process shall be instituted to select the school-related employee of the year so that the top five

finalists receive awards under the program.

(6) REPORTING.The Department of Education shall annually post online links to each school districts

collective bargaining contracts and the salary and benefits of the personnel or officers of any educator association

which were paid by the school district pursuant to s. 1012.22.

History.s. 696, ch. 2002-387; s. 55, ch. 2006-74; s. 179, ch. 2007-5; s. 9, ch. 2008-92.

1012.22 Public school personnel; powers and duties of the district school board.The district schoolboard shall:

(1) Designate positions to be filled, prescribe qualifications for those positions, and provide for the

appointment, compensation, promotion, suspension, and dismissal of employees as follows, subject to the

requirements of this chapter:

(a) Positions, qualifications, and appointments.

1. The district school board shall act upon written recommendations submitted by the district school

superintendent for positions to be filled, for minimum qualifications for personnel for the various positions, and

for the persons nominated to fill such positions.


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2. The district school board may reject for good cause any employee nominated.

3. If the third nomination by the district school superintendent for any position is rejected for good cause, if

the district school superintendent fails to submit a nomination for initial employment within a reasonable time as

prescribed by the district school board, or if the district school superintendent fails to submit a nomination for

reemployment within the time prescribed by law, the district school board may proceed on its own motion to fill

such position.

4. The district school boards decision to reject a persons nomination does not give that person a right of

action to sue over the rejection and may not be used as a cause of action by the nominated employee.(b) Time to act on nominations.The district school board shall act not later than 3 weeks following the receip

of FCAT scores and data, including school grades, or June 30, whichever is later, on the district school

superintendents nominations of supervisors, principals, and members of the instructional staff.

(c) Compensation and salary schedules.

1. Definitions.As used in this paragraph:

a. Adjustment means an addition to the base salary schedule that is not a bonus and becomes part of the

employees permanent base salary and shall be considered compensation under s. 121.021(22).

b. Grandfathered salary schedule means the salary schedule or schedules adopted by a district school

board before July 1, 2014, pursuant to subparagraph 4.c. Instructional personnel means instructional personnel as defined in s. 1012.01(2)(a)-(d), excluding

substitute teachers.

d. Performance salary schedule means the salary schedule or schedules adopted by a district school board

pursuant to subparagraph 5.

e. Salary schedule means the schedule or schedules used to provide the base salary for district school board

personnel.

f. School administrator means a school administrator as defined in s. 1012.01(3)(c).

g. Supplement means an annual addition to the base salary for the term of the negotiated supplement as

long as the employee continues his or her employment for the purpose of the supplement. A supplement does

not become part of the employees continuing base salary but shall be considered compensation under s.

121.021(22).

2. Cost-of-living adjustment.A district school board may provide a cost-of-living salary adjustment if the

adjustment:

a. Does not discriminate among comparable classes of employees based upon the salary schedule under

which they are compensated.

b. Does not exceed 50 percent of the annual adjustment provided to instructional personnel rated as effective

3. Advanced degrees.A district school board may not use advanced degrees in setting a salary schedule for

instructional personnel or school administrators hired on or after July 1, 2011, unless the advanced degree is held

in the individuals area of certification and is only a salary supplement.4. Grandfathered salary schedule.

a. The district school board shall adopt a salary schedule or salary schedules to be used as the basis for

paying all school employees hired before July 1, 2014. Instructional personnel on annual contract as of July 1,

2014, shall be placed on the performance salary schedule adopted under subparagraph 5. Instructional personnel

on continuing contract or professional service contract may opt into the performance salary schedule if the

employee relinquishes such contract and agrees to be employed on an annual contract under s. 1012.335. Such

an employee shall be placed on the performance salary schedule and may not return to continuing contract or

professional service contract status. Any employee who opts into the performance salary schedule may not


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return to the grandfathered salary schedule.

b. In determining the grandfathered salary schedule for instructional personnel, a district school board must

base a portion of each employees compensation upon performance demonstrated under s. 1012.34 and shall

provide differentiated pay for both instructional personnel and school administrators based upon district-

determined factors, including, but not limited to, additional responsibilities, school demographics, critical

shortage areas, and level of job performance difficulties.

15. Performance salary schedule.By July 1, 2014, the district school board shall adopt a performance salary

schedule that provides annual salary adjustments for instructional personnel and school administrators based

upon performance determined under s. 1012.34. Employees hired on or after July 1, 2014, or employees who

choose to move from the grandfathered salary schedule to the performance salary schedule shall be compensated

pursuant to the performance salary schedule once they have received the appropriate performance evaluation for

this purpose. However, a classroom teacher whose performance evaluation utilizes student learning growth

measures established under s. 1012.34(7)(e) shall remain under the grandfathered salary schedule until his or her

teaching assignment changes to a subject for which there is an assessment or the school district establishes

equally appropriate measures of student learning growth as defined under s. 1012.34 and rules of the State Board

of Education.

a. Base salary.The base salary shall be established as follows:(I) The base salary for instructional personnel or school administrators who opt into the performance salary

schedule shall be the salary paid in the prior year, including adjustments only.

(II) Beginning July 1, 2014, instructional personnel or school administrators new to the district, returning to

the district after a break in service without an authorized leave of absence, or appointed for the first time to a

position in the district in the capacity of instructional personnel or school administrator shall be placed on the

performance salary schedule.

b. Salary adjustments.Salary adjustments for highly effective or effective performance shall be established

as follows:

(I) The annual salary adjustment under the performance salary schedule for an employee rated as highly

effective must be greater than the highest annual salary adjustment available to an employee of the same

classification through any other salary schedule adopted by the district.

(II) The annual salary adjustment under the performance salary schedule for an employee rated as effective

must be equal to at least 50 percent and no more than 75 percent of the annual adjustment provided for a highly

effective employee of the same classification.

(III) The performance salary schedule shall not provide an annual salary adjustment for an employee who

receives a rating other than highly effective or effective for the year.

c. Salary supplements.In addition to the salary adjustments, each district school board shall provide for

salary supplements for activities that must include, but are not limited to:

(I) Assignment to a Title I eligible school.(II) Assignment to a school that earned a grade of F or three consecutive grades of D pursuant to s.

1008.34 such that the supplement remains in force for at least 1 year following improved performance in that

school.

(III) Certification and teaching in critical teacher shortage areas. Statewide critical teacher shortage areas shall

be identified by the State Board of Education under s. 1012.07. However, the district school board may identify

other areas of critical shortage within the school district for purposes of this sub-sub-subparagraph and may

remove areas identified by the state board which do not apply within the school district.

(IV) Assignment of additional academic responsibilities.


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If budget constraints in any given year limit a district school boards ability to fully fund all adopted salary

schedules, the performance salary schedule shall not be reduced on the basis of total cost or the value o

individual awards in a manner that is proportionally greater than reductions to any other salary schedule

adopted by the district.

(d) Contracts and terms of service.The district school board shall provide written contracts for all regular

members of the instructional staff.

(e) Transfer and promotion.The district school board shall act on recommendations of the district school

superintendent regarding transfer and promotion of any employee. The district school superintendents primaryconsideration in recommending an individual for a promotion must be the individuals demonstrated

effectiveness under s. 1012.34.

(f) Suspension, dismissal, and return to annual contract status.The district school board shall suspend,

dismiss, or return to annual contract members of the instructional staff and other school employees; however, no

administrative assistant, supervisor, principal, teacher, or other member of the instructional staff may be

discharged, removed, or returned to annual contract except as provided in this chapter.

(g) Awards and incentives.The district school board shall provide for recognition of district employees,

students, school volunteers, and advisory committee members who have contributed outstanding and

meritorious service in their fields or service areas. After considering recommendations of the district school

superintendent, the district school board shall adopt rules establishing and regulating the meritorious service

awards necessary for the efficient operation of the program. An award or incentive granted under this paragraph

may not be considered in determining the salary schedules required by paragraph (c). Monetary awards shall be

limited to persons who propose procedures or ideas adopted by the board which will result in eliminating or

reducing district school board expenditures or improving district or school center operations. Nonmonetary

awards shall include, but are not limited to, certificates, plaques, medals, ribbons, and photographs. The district

school board may expend funds for such recognition and awards. No award granted under this paragraph shall

exceed $2,000 or 10 percent of the first years gross savings, whichever is greater.

(h) Planning and training time for teachers.The district school board shall adopt rules to make provisions fo

teachers to have time for lunch, professional planning, and professional development time when they will not be

directly responsible for the children if some adult supervision is furnished for the students during such periods.

(i) Comprehensive program of staff development.The district school board shall establish a comprehensive

program of staff development that incorporates school improvement plans pursuant to s. 1001.42 and is aligned

with principal leadership training pursuant to s. 1012.986 as a part of the plan.

(2) Adopt policies relating to personnel leave as follows:

(a) Annual leave.The district school board may adopt rules that provide for the earning of annual leave by

employees, including educational support employees, who are employed for 12 calendar months a year.

(b) Sick leave.The district school board may adopt rules relating to sick leave, in accordance with the

provisions of this chapter.(c) Illness-in-line-of-duty leave.The district school board may adopt rules relating to illness-in-the-line-of-

duty leave, in accordance with the provisions of this chapter.

(d) Sabbatical leave.The district school board may adopt rules relating to sabbatical leave, in accordance

with the provisions of this chapter.

History.s. 697, ch. 2002-387; s. 50, ch. 2003-391; s. 56, ch. 2006-74; s. 7, ch. 2007-3; s. 180, ch. 2007-5; s. 4,

ch. 2011-1; s. 11, ch. 2012-194.

1Note.Section 17, ch. 2011-1, provides that [c]hapter 2010-279, Laws of Florida, does not apply to any

rulemaking required to administer this act.

1012.23 School district personnel policies.


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(1) Except as otherwise provided by law or the State Constitution, district school boards may adopt rules

governing personnel matters, including the assignment of duties and responsibilities for all district employees.

(2) A district school board member may not employ or appoint a relative, as defined in s. 112.3135, to work

under the direct supervision of that district school board member.

History.s. 698, ch. 2002-387.

1012.2315 Assignment of teachers.

(1) LEGISLAT IVE FINDINGS AND INTENT.The Legislature finds disparities between teachers assigned

to teach in a majority of schools that do not need improvement and schools that do need improvement pursuantto s. 1008.33. The disparities may be found in the assignment of temporarily certified teachers, teachers in need

of improvement, and out-of-field teachers and in the performance of the students. It is the intent of the

Legislature that district school boards have flexibility through the collective bargaining process to assign teachers

more equitably across the schools in the district.

(2) ASSIGNMENT TO SCHOOLS GRADED D or F.School districts may not assign a higher

percentage than the school district average of temporarily certified teachers, teachers in need of improvement, or

out-of-field teachers to schools graded D or F pursuant to s. 1008.34. Each school district shall annually

certify to the Commissioner of Education that this requirement has been met. If the commissioner determines

that a school district is not in compliance with this subsection, the State Board of Education shall be notified andshall take action pursuant to s. 1008.32 in the next regularly scheduled meeting to require compliance.

(3) SALARY INCENTIVES.District school boards are authorized to provide salary incentives to meet the

requirement of subsection (2). A district school board may not sign a collective bargaining agreement that

precludes the school district from providing sufficient incentives to meet this requirement.

(4) COLLECTIVE BARGAINING.Notwithstanding provisions of chapter 447 relating to district school

board collective bargaining, collective bargaining provisions may not preclude a school district from providing

incentives to high-quality teachers and assigning such teachers to low-performing schools.

(5) REPORT.

(a) By July 1, 2012, the Department of Education shall annually report on its website, in a manner that is

accessible to the public, the performance rating data reported by district school boards under s. 1012.34. The

report must include the percentage of classroom teachers, instructional personnel, and school administrators

receiving each performance rating aggregated by school district and by school.

(b) Notwithstanding the provisions of s. 1012.31(3)(a)2., each school district shall annually report to the

parent of any student who is assigned to a classroom teacher or school administrator having two consecutive

annual performance evaluation ratings of unsatisfactory under s. 1012.34, two annual performance evaluation

ratings of unsatisfactory within a 3-year period under s. 1012.34, or three consecutive annual performance

evaluation ratings of needs improvement or a combination of needs improvement and unsatisfactory under s.

1012.34.

History.s. 57, ch. 2006-74; s. 5, ch. 2009-144; s. 10, ch. 2011-1; s. 12, ch. 2012-194.1012.24 Employment and compensation of instructional personnel during specific emergencies.In the

event of an epidemic, strike, mass walkout, substantial numbers of teacher resignations, or other urgent

condition, a district school board upon recommendation of the district school superintendent may find and

declare that an emergency exists because there is not a sufficient number of certified teachers to continue the

normal operation of the schools within the district. In said event the district school board may upon

recommendation of the district school superintendent employ, contract with, and compensate for instructional

services rendered any person who shall be deemed qualified by regulations of the district school board. In such

event, a state certificate to teach shall not be required for such employment, contract, or compensation.


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History.s. 699, ch. 2002-387.

1012.25 School officers to turn over money and property to successors.Every school officer shall turn

over to his or her successor or successors in office, on retiring, all books, papers, documents, records, funds,

money, and property of whatever kind which the officer may have acquired, received, and held by virtue of his

or her office and shall take full receipt for them from his or her successor and shall make in correct form all

reports required by the state. No school officer who receives any salary or compensation for his or her services

shall be entitled to be paid or compensated for the last month served until the provisions of this section have

been fully observed. Any person violating the provisions of this section shall forfeit his or her compensation forthe last month served and commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or

s. 775.083.

History.s. 700, ch. 2002-387.

1012.26 Legal services for employees; reimbursement for judgments in civil actions.Each district

school board may provide legal services for officers and employees of the school board who are charged with

civil or criminal actions arising out of and in the course of the performance of assigned duties and responsibilities

The district school board shall provide for reimbursement of reasonable expenses for legal services for officers

and employees of school boards who are charged with civil or criminal actions arising out of and in the course of

the performance of assigned duties and responsibilities upon successful defense by the employee or officer.

However, in any case in which the officer or employee pleads guilty or nolo contendere or is found guilty of any

such action, the officer or employee shall reimburse the district school board for any legal services which the

school board may have supplied pursuant to this section. A district school board may also reimburse an officer o

employee of the school board for any judgment which may be entered against him or her in a civil action arising

out of and in the course of the performance of his or her assigned duties and responsibilities. Each expenditure

by a district school board for legal defense of an officer or employee, or for reimbursement pursuant to this

section, shall be made at a public meeting with notice pursuant to s. 120.525(1). The provision of such legal

services or reimbursement under the conditions described above is declared to be a district school purpose for

which district school funds may be expended.

History.s. 701, ch. 2002-387.

1012.27 Public school personnel; powers and duties of district school superintendent.The district

school superintendent is responsible for directing the work of the personnel, subject to the requirements of this

chapter, and in addition the district school superintendent shall perform the following:

(1) POSITIONS, QUALIFICATIONS, AND NOMINATIONS.

(a) Recommend to the district school board duties and responsibilities which need to be performed and

positions which need to be filled to make possible the development of an adequate school program in the

district.

(b) Recommend minimum qualifications of personnel for these various positions, and nominate in writing

persons to fill such positions.

The district school superintendents recommendations for filling instructional positions at the school level mus

consider nominations received from school principals of the respective schools. Before transferring a teacher who

holds a professional teaching certificate from one school to another, the district school superintendent shal

consult with the principal of the receiving school and allow the principal to review the teachers records

including student performance demonstrated under s. 1012.34, and interview the teacher. If, in the judgment o

the principal, students would not benefit from the placement, an alternative placement may be sought. A

principal may refuse the placement in accordance with s. 1012.28(6).

(2) COMPENSATION AND SALARY SCHEDULES.Prepare and recommend to the district school board


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for adoption a salary schedule or salary schedules in accordance with s. 1012.22.

(3) CONTRACTS AND TERMS OF SERVICE.Recommend to the district school board terms for

contracting with employees and prepare such contracts as are approved.

(4) TRANSFER.Recommend employees for transfer and transfer any employee during any emergency

and report the transfer to the district school board at its next regular meeting.

(5) SUSPENSION AND DISMISSAL.Suspend members of the instructional staff and other school

employees during emergencies for a period extending to and including the day of the next regular or special

meeting of the district school board and notify the district school board immediately of such suspension. Whenauthorized to do so, serve notice on the suspended member of the instructional staff of charges made against him

or her and of the date of hearing. Recommend employees for dismissal under the terms prescribed herein.

(6) EMPLOYMENT HISTORY CHECKS.Before employing instructional personnel and school

administrators, as defined in s. 1012.01, in any position that requires direct contact with students, conduct

employment history checks of each of the personnels or administrators previous employers, screen the

personnel or administrators through use of the educator screening tools described in s. 1001.10(5), and document

the findings. If unable to contact a previous employer, the district school superintendent shall document efforts

to contact the employer.

(7) DIRECT WORK OF EMPLOYEES AND SUPERVISE INSTRUCTION.Direct or arrange for the properdirection and improvement, under rules of the district school board, of the work of all members of the

instructional staff and other employees of the district school system, supervise or arrange under rules of the

district school board for the supervision of instruction in the district, and take such steps as are necessary to bring

about continuous improvement.

History.s. 702, ch. 2002-387; s. 42, ch. 2003-391; s. 58, ch. 2006-74; s. 25, ch. 2008-108; s. 11, ch. 2011-1.

1012.28 Public school personnel; duties of school principals.

(1) Public school principals shall supervise public school personnel as the district school board determines

necessary.

(2) The school principal is responsible for recommending to the district school superintendent the

employment of instructional personnel to be assigned to the school to which the principal is assigned.

(3) Each school principal is responsible for the performance of all personnel employed by the district school

board and assigned to the school to which the principal is assigned. The school principal shall faithfully and

effectively apply the personnel evaluation system approved pursuant to s. 1012.34.

(4) Each school principal shall assist the teachers within the school to use student assessment data, as

measured by student learning gains pursuant to s. 1008.22, for self-evaluation.

(5) Each school principal shall perform such duties as may be assigned by the district school superintendent,

pursuant to the rules of the district school board. Such rules shall include, but are not limited to, rules relating to

administrative responsibility, instructional leadership in implementing the Sunshine State Standards and the

overall educational program of the school to which the school principal is assigned, submission of personnelrecommendations to the district school superintendent, administrative responsibility for records and reports,

administration of corporal punishment, and student suspension.

(6) A principal may refuse to accept the placement or transfer of instructional personnel by the district school

superintendent to his or her school unless the instructional personnel has a performance rating of effective or

highly effective under s. 1012.34.

(7) A school principal who fails to comply with this section shall be ineligible for any portion of the

performance pay and differentiated pay under s. 1012.22.

History.s. 703, ch. 2002-387; s. 59, ch. 2006-74; s. 12, ch. 2011-1.


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B. Personnel Files, Qualifications,Contracts, Assessment for Public Schools

1012.31 Personnel files.

1012.315 Disqualification from employment.

1012.32 Qualifications of personnel.

1012.321 Exceptions for certain instructional personnel from background screening requirements.

1012.33 Contracts with instructional staff, supervisors, and school principals.

1012.335 Contracts with instructional personnel hired on or after July 1, 2011.1012.34 Personnel evaluation procedures and criteria.

1012.341 Exemption from performance evaluation system and compensation and salary schedule

requirements.

1012.31 Personnel files.Public school system employee personnel files shall be maintained according to the

following provisions:

(1)(a) Except for materials pertaining to work performance or such other matters that may be cause for

discipline, suspension, or dismissal under laws of this state, no derogatory materials relating to an employees

conduct, service, character, or personality shall be placed in the personnel file of such employee.

(b) No anonymous letter or anonymous materials shall be placed in the personnel file.

(2)(a) Materials relating to work performance, discipline, suspension, or dismissal must be reduced to writing

and signed by a person competent to know the facts or make the judgment.

(b)1. No such materials may be placed in a personnel file unless they have been reduced to writing within 45

days, exclusive of the summer vacation period, of the school system administration becoming aware of the facts

reflected in the materials.

2. Additional information related to such written materials previously placed in the file may be appended to

such materials to clarify or amplify them as needed.

(c) A copy of such materials to be added to an employees personnel file shall be provided to the employee

either:

1. By certified mail, return receipt requested, to his or her address of record; or2. By personal delivery. The employees signature on a copy of the materials to be filed shall be proof that

such materials were given to the employee, with the understanding that such signature merely signifies receipt

and does not necessarily indicate agreement with its contents.

(d) An employee has the right to answer in writing any such materials in a personnel file on July 1, 1983, as

well as any such materials filed thereafter, and the answer shall be attached to the file copy. An employee has the

right to request that the district school superintendent or the superintendents designee make an informal inquiry

regarding material in the employees personnel file which the employee believes to be false. The official who

makes the inquiry shall append to the material a written report of his or her findings.

(e) Upon request, an employee, or any person designated in writing by the employee, shall be permitted toexamine the personnel file of such employee. The employee shall be permitted conveniently to reproduce any

materials in the file, at a cost no greater than the fees prescribed in s. 119.07(4).

(f) The custodian of the record shall maintain a record in the file of those persons reviewing the file each time

it is reviewed.

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

follows:

1. Any complaint and any material relating to the investigation of a complaint against an employee shall be

confidential and exempt from the provisions of s. 119.07(1) until the conclusion of the preliminary investigation

or until such time as the preliminary investigation ceases to be active. If the preliminary investigation is


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concluded with the finding that there is no probable cause to proceed further and with no disciplinary action

taken or charges filed, a statement to that effect signed by the responsible investigating official shall be attached

to the complaint, and the complaint and all such materials shall be open thereafter to inspection pursuant to s.

119.07(1). If the preliminary investigation is concluded with the finding that there is probable cause to proceed

further or with disciplinary action taken or charges filed, the complaint and all such materials shall be open

thereafter to inspection pursuant to s. 119.07(1). If the preliminary investigation ceases to be active, the

complaint and all such materials shall be open thereafter to inspection pursuant to s. 119.07(1). For the purpose

of this subsection, a preliminary investigation shall be considered active as long as it is continuing with areasonable, good faith anticipation that an administrative finding will be made in the foreseeable future. An

investigation shall be presumed to be inactive if no finding relating to probable cause is made within 60 days

after the complaint is made.

2. An employee evaluation prepared pursuant to s. 1012.33, s. 1012.34, or s. 1012.56 or rules adopted by the

State Board of Education or district school board under the authority of those sections shall be confidential and

exempt from the provisions of s. 119.07(1) until the end of the school year immediately following the school year

in which the evaluation was made. No evaluation prepared before July 1, 1983, shall be made public pursuant to

this section.

3. No material derogatory to an employee shall be open to inspection until 10 days after the employee hasbeen notified pursuant to paragraph (2)(c).

4. The payroll deduction records of an employee shall be confidential and exempt from the provisions of s.

119.07(1).

5. Employee medical records, including psychiatric and psychological records, shall be confidential and

exempt from the provisions of s. 119.07(1); however, at any hearing relative to the competency or performance

of an employee, the administrative law judge, hearing officer, or panel shall have access to such records.

(b) Notwithstanding other provisions of this subsection, all aspects of the personnel file of each employee

shall be open to inspection at all times by district school board members, the district school superintendent, and

the principal, or their respective designees, in the exercise of their respective duties.

(c) Notwithstanding other provisions of this subsection, all aspects of the personnel file of each employee

shall be made available to law enforcement personnel in the conduct of a lawful criminal investigation.

(4) The term personnel file, as used in this section, means all records, information, data, or materials

maintained by a public school system, in any form or retrieval system whatsoever, with respect to any of its

employees, which is uniquely applicable to that employee whether maintained in one or more locations.

History.s. 705, ch. 2002-387; s. 34, ch. 2004-335.11012.315 Disqualification from employment.A person is ineligible for educator certification, and

instructional personnel and school administrators, as defined in s. 1012.01, are ineligible for employment in any

position that requires direct contact with students in a district school system, charter school, or private school tha

accepts scholarship students under s. 1002.39 or s. 1002.395, if the person, instructional personnel, or schooladministrator has been convicted of:

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

(a) Section 393.135, relating to sexual misconduct with certain developmentally disabled clients and reporting

of such sexual misconduct.

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

sexual misconduct.

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

(d) Section 782.04, relating to murder.


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

aggravated manslaughter of a child, or aggravated manslaughter of an officer, a firefighter, an emergency medica

technician, or a paramedic.

(f) Section 784.021, relating to aggravated assault.

(g) Section 784.045, relating to aggravated battery.

(h) Section 784.075, relating to battery on a detention or commitment facility staff member or a juvenile

probation officer.

(i) Section 787.01, relating to kidnapping.(j) Section 787.02, relating to false imprisonment.

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

(l) Section 787.04(2), relating to leading, taking, enticing, or removing a minor beyond the state limits, or

concealing the location of a minor, with criminal intent pending custody proceedings.

(m) Section 787.04(3), relating to leading, taking, enticing, or removing a minor beyond the state limits, or

concealing the location of a minor, with criminal intent pending dependency proceedings or proceedings

concerning alleged abuse or neglect of a minor.

(n) Section 790.115(1), relating to exhibiting firearms or weapons at a school-sponsored event, on school

property, or within 1,000 feet of a school.(o) Section 790.115(2)(b), relating to possessing an electric weapon or device, destructive device, or other

weapon at a school-sponsored event or on school property.

(p) Section 794.011, relating to sexual battery.

(q) Former s. 794.041, relating to sexual activity with or solicitation of a child by a person in familial or

custodial authority.

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

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

(t) Chapter 796, relating to prostitution.

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

(v) Section 806.01, relating to arson.

(w) Section 810.14, relating to voyeurism.

(x) Section 810.145, relating to video voyeurism.

(y) Section 812.014(6), relating to coordinating the commission of theft in excess of $3,000.

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

(aa) Section 812.019, relating to dealing in stolen property.

(bb) Section 812.13, relating to robbery.

(cc) Section 812.131, relating to robbery by sudden snatching.

(dd) Section 812.133, relating to carjacking.

(ee) Section 812.135, relating to home-invasion robbery.(ff) Section 817.563, relating to fraudulent sale of controlled substances.

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

(hh) Section 825.103, relating to exploitation of an elderly person or disabled adult.

(ii) Section 825.1025, relating to lewd or lascivious offenses committed upon or in the presence of an elderly

person or disabled person.

(jj) Section 826.04, relating to incest.

(kk) Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child.

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


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(mm) Section 827.071, relating to sexual performance by a child.

(nn) Section 843.01, relating to resisting arrest with violence.

(oo) Chapter 847, relating to obscenity.

(pp) Section 874.05, relating to causing, encouraging, soliciting, or recruiting another to join a criminal street

gang.

(qq) Chapter 893, relating to drug abuse prevention and control, if the offense was a felony of the second

degree or greater severity.

(rr) Section 916.1075, relating to sexual misconduct with certain forensic clients and reporting of such sexualmisconduct.

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

(tt) Section 985.701, relating to sexual misconduct in juvenile justice programs.

(uu) Section 985.711, relating to introduction, removal, or possession of contraband at a juvenile detention

facility or commitment program.

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

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

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

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

(4) Any delinquent act committed in this state or any delinquent or criminal act committed in another state or

under federal law which, if committed in this state, qualifies an individual for inclusion on the Registered

Juvenile Sex Offender List under s. 943.0435(1)(a)1.d.

History.s. 26, ch. 2008-108; s. 18, ch. 2010-24.

1Note.Section 20, ch. 2010-24, provides that [t]he Department of Revenue is authorized and all conditions

are deemed met, to adopt emergency rules pursuant to ss. 120.536(1) and 120.54, Florida Statutes, to administer

the provisions of this act. The emergency rules shall remain in effect for 6 months after the rules are adopted and

the rules may be renewed during the pendency of procedures to adopt permanent rules addressing the subject of

the emergency rules.

1012.32 Qualifications of personnel.

(1) To be eligible for appointment in any position in any district school system, a person must be of good

moral character; must have attained the age of 18 years, if he or she is to be employed in an instructional

capacity; must not be ineligible for such employment under s. 1012.315; and must, when required by law, hold a

certificate or license issued under rules of the State B oard of Education or the Department of Children and Family

Services, except when employed pursuant to s. 1012.55 or under the emergency provisions of s. 1012.24.

Previous residence in this state shall not be required in any school of the state as a prerequisite for any person

holding a valid Florida certificate or license to serve in an instructional capacity.

(2)(a) Instructional and noninstructional personnel who are hired or contracted to fill positions that requiredirect contact with students in any district school system or university lab school must, upon employment or

engagement to provide services, undergo background screening as required under s. 1012.465 or s. 1012.56,

whichever is applicable.

(b) Instructional and noninstructional personnel who are hired or contracted to fill positions in any charter

school and members of the governing board of any charter school, in compliance with s. 1002.33(12)(g), must,

upon employment, engagement of services, or appointment, undergo background screening as required under s

1012.465 or s. 1012.56, whichever is applicable, by filing with the district school board for the school district in

which the charter school is located a complete set of fingerprints taken by an authorized law enforcement agency


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or an employee of the school or school district who is trained to take fingerprints.

(c) Instructional and noninstructional personnel who are hired or contracted to fill positions that require direct

contact with students in an alternative school that operates under contract with a district school system must,

upon employment or engagement to provide services, undergo background screening as required under s.

1012.465 or s. 1012.56, whichever is applicable, by filing with the district school board for the school district to

which the alternative school is under contract a complete set of fingerprints taken by an authorized law

enforcement agency or an employee of the school or school district who is trained to take fingerprints.

(d) Student teachers, persons participating in a field experience pursuant to s. 1004.04(6) or s. 1004.85, andpersons participating in a short-term experience as a teacher assistant pursuant to s. 1004.04(10) in any district

school system, lab school, or charter school must, upon engagement to provide services, undergo background

screening as required under s. 1012.56.

Fingerprints shall be submitted to the Department of Law Enforcement for statewide criminal and juvenil

records checks and to the Federal Bureau of Investigation for federal criminal records checks. A person subject to

this subsection who is found ineligible for employment under s. 1012.315, or otherwise found through

background screening to have been convicted of any crime involving moral turpitude as defined by rule of th

State Board of Education, shall not be employed, engaged to provide services, or serve in any position tha

requires direct contact with students. Probationary persons subject to this subsection terminated because of their

criminal record have the right to appeal such decisions. The cost of the background screening may be borne by

the district school board, the charter school, the employee, the contractor, or a person subject to this subsection.

(3)(a) Beginning July 1, 2004, all fingerprints submitted to the Department of Law Enforcement as required

by subsection (2) shall be retained by the Department of Law Enforcement in a manner provided by rule and

entered in the statewide automated fingerprint identification system authorized by s. 943.05(2)(b). Such

fingerprints shall thereafter be available for all purposes and uses authorized for arrest fingerprint cards entered

in the statewide automated fingerprint identification system pursuant to s. 943.051.

(b) Beginning December 15, 2004, the Department of Law Enforcement shall search all arrest fingerprint

cards received under s. 943.051 against the fingerprints retained in the statewide automated fingerprintidentification system under paragraph (a). Any arrest record that is identified with the retained fingerprints of a

person subject to the background screening under this section shall be reported to the employing or contracting

school district or the school district with which the person is affiliated. Each school district is required to

participate in this search process by payment of an annual fee to the Department of Law Enforcement and by

informing the Department of Law Enforcement of any change in the affiliation, employment, or contractual

status or place of affiliation, employment, or contracting of its instructional and noninstructional personnel whose

fingerprints are retained under paragraph (a). The Department of Law Enforcement shall adopt a rule setting the

amount of the annual fee to be imposed upon each school district for performing these searches and establishing

the procedures for the retention of instructional and noninstructional personnel fingerprints and the

dissemination of search results. The fee may be borne by the district school board, the contractor, or the person

fingerprinted.

(c) Personnel whose fingerprints are not retained by the Department of Law Enforcement under paragraphs

(a) and (b) must be refingerprinted and rescreened in accordance with subsection (2) upon reemployment or

reengagement to provide services in order to comply with the requirements of this subsection.

History.s. 706, ch. 2002-387; s. 9, ch. 2004-295; s. 27, ch. 2008-108.

1012.321 Exceptions for certain instructional personnel from background screening

requirements.Instructional personnel who are required to undergo level 2 background screening under s.

393.0655 or s. 402.305 and who meet the level 2 screening standards in s. 435.04 are not required to be


19/96



rescreened in order to satisfy the screening requirements in s. 1012.32 if the instructional personnel:

(1) Have completed the criminal history check within 5 years prior to having direct contact with students;

(2) Are rescreened every 5 years and meet the level 2 screening standards; and

(3) Have their fingerprints retained by the Department of Law Enforcement.

History.s. 9, ch. 2007-207.11012.33 Contracts with instructional staff, supervisors, and school principals.

(1)2(a) Each person employed as a member of the instructional staff in any district school system shall be

properly certified pursuant to s. 1012.56 or s. 1012.57 or employed pursuant to s. 1012.39 and shall be entitled to

and shall receive a written contract as specified in this section. All such contracts, except continuing contracts as

specified in subsection (4), shall contain provisions for dismissal during the term of the contract only for just

cause. Just cause includes, but is not limited to, the following instances, as defined by rule of the State Board of

Education: immorality, misconduct in office, incompetency, two consecutive annual performance evaluation

ratings of unsatisfactory under s. 1012.34, two annual performance evaluation ratings of unsatisfactory within a

3-year period under s. 1012.34, three consecutive annual performance evaluation ratings of needs improvement

or a combination of needs improvement and unsatisfactory under s. 1012.34, gross insubordination, willful

neglect of duty, or being convicted or found guilty of, or entering a plea of guilty to, regardless of adjudication of

guilt, any crime involving moral turpitude.(b) A supervisor or school principal shall be properly certified and shall receive a written contract as specified

in this section. Such contract may be for an initial period not to exceed 3 years, subject to annual review and

renewal. The first 97 days of an initial contract is a probationary period. During the probationary period, the

employee may be dismissed without cause or may resign from the contractual position without breach of

contract. After the first 3 years, the contract may be renewed for a period not to exceed 3 years and shall contain

provisions for dismissal during the term of the contract only for just cause, in addition to such other provisions a

are prescribed by the district school board.

(2) Any person so employed on the basis of a written offer of a specific position by a duly authorized agent o

the district school board for a stated term of service at a specified salary, and who accepted such offer by

telegram or letter or by signing the regular contract form, who violates the terms of such contract or agreement

by leaving his or her position without first being released from his or her contract or agreement by the district

school board of the district in which the person is employed shall be subject to the jurisdiction of the Education

Practices Commission. The district school board shall take official action on such violation and shall furnish a

copy of its official minutes to the Commissioner of Education.

(3) A professional service contract shall be renewed each year unless:

(a) The district school superintendent, after receiving the recommendations required by s. 1012.34, charges

the employee with unsatisfactory performance and notifies the employee of performance deficiencies as required

by s. 1012.34; or

(b) The employee receives two consecutive annual performance evaluation ratings of unsatisfactory under s.1012.34, two annual performance evaluation ratings of unsatisfactory within a 3-year period under s. 1012.34, or

three consecutive annual performance evaluation ratings of needs improvement or a combination of needs

improvement and unsatisfactory under s. 1012.34.

(4)(a) An employee who had continuing contract status prior to July 1, 1984, shall be entitled to retain such

contract and all rights arising therefrom as prescribed by rules of the State Board of Education adopted pursuant

to s. 231.36, Florida Statutes (1981), unless the employee voluntarily relinquishes his or her continuing contract.

(b) Any member of the district administrative or supervisory staff and any member of the instructional staff,

including any school principal, who is under continuing contract may be dismissed or may be returned to annua
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contract status for another 3 years in the discretion of the district school board, at the end of the school year,

when a recommendation to that effect is submitted in writing to the district school board on or before April 1 of

any school year, giving good and sufficient reasons therefor, by the district school superintendent, by the school

principal if his or her contract is not under consideration, or by a majority of the district school board. The

employee whose contract is under consideration shall be duly notified in writing by the party or parties

preferring the charges at least 5 days prior to the filing of the written recommendation with the district school

board, and such notice shall include a copy of the charges and the recommendation to the district school board.

The district school board shall proceed to take appropriate action. Any decision adverse to the employee shall bemade by a majority vote of the full membership of the district school board. Any such decision adverse to the

employee may be appealed by the employee pursuant to s. 120.68.

(c) Any member of the district administrative or supervisory staff and any member of the instructional staff,

including any school principal, who is under continuing contract may be suspended or dismissed at any time

during the school year; however, the charges against him or her must be based on immorality, misconduct in

office, incompetency, gross insubordination, willful neglect of duty, drunkenness, or being convicted or found

guilty of, or entering a plea of guilty to, regardless of adjudication of guilt, any crime involving moral turpitude,

as these terms are defined by rule of the State Board of Education. Whenever such charges are made against an

employee of the district school board, the district school board may suspend such person without pay; but, if thecharges are not sustained, he or she shall be immediately reinstated, and his or her back salary shall be paid. In

cases of suspension by the district school board or by the district school superintendent, the district school board

shall determine upon the evidence submitted whether the charges have been sustained and, if the charges are

sustained, shall determine either to dismiss the employee or fix the terms under which he or she may be

reinstated. If such charges are sustained by a majority vote of the full membership of the district school board

and the employee is discharged, his or her contract of employment shall be canceled. Any decision adverse to

the employee may be appealed by the employee pursuant to s. 120.68, provided the appeal is filed within 30

days after the decision of the district school board.

(5) If workforce reduction is needed, a district school board must retain employees at a school or in the school

district based upon educational program needs and the performance evaluations of employees within the

affected program areas. Within the program areas requiring reduction, the employee with the lowest

performance evaluations must be the first to be released; the employee with the next lowest performance

evaluations must be the second to be released; and reductions shall continue in like manner until the needed

number of reductions has occurred. A district school board may not prioritize retention of employees based upon

seniority.

(6)(a) Any member of the instructional staff, excluding an employee specified in subsection (4), may be

suspended or dismissed at any time during the term of the contract for just cause as provided in paragraph (1)(a)

The district school board must notify the employee in writing whenever charges are made against the employee

and may suspend such person without pay; but, if the charges are not sustained, the employee shall beimmediately reinstated, and his or her back salary shall be paid. If the employee wishes to contest the charges,

the employee must, within 15 days after receipt of the written notice, submit a written request for a hearing.

Such hearing shall be conducted at the district school boards election in accordance with one of the following

procedures:

1. A direct hearing conducted by the district school board within 60 days after receipt of the written appeal.

The hearing shall be conducted in accordance with the provisions of ss. 120.569 and 120.57. A majority vote of

the membership of the district school board shall be required to sustain the district school superintendents

recommendation. The determination of the district school board shall be final as to the sufficiency or


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insufficiency of the grounds for termination of employment; or

2. A hearing conducted by an administrative law judge assigned by the Division of Administrative Hearings

of the Department of Management Services. The hearing shall be conducted within 60 days after receipt of the

written appeal in accordance with chapter 120. The recommendation of the administrative law judge shall be

made to the district school board. A majority vote of the membership of the district school board shall be

required to sustain or change the administrative law judges recommendation. The determination of the district

school board shall be final as to the sufficiency or insufficiency of the grounds for termination of employment.

Any such decision adverse to the employee may be appealed by the employee pursuant to s. 120.68, provided

such appeal is filed within 30 days after the decision of the district school board.

(b) Any member of the district administrative or supervisory staff, including any principal but excluding an

employee specified in subsection (4), may be suspended or dismissed at any time during the term of the

contract; however, the charges against him or her must be based on immorality, misconduct in office,

incompetency, gross insubordination, willful neglect of duty, drunkenness, or being convicted or found guilty of,

or entering a plea of guilty, regardless of adjudication of guilt,

- Chapter 1012 - 2012 Florida Statutes - The Florida Senate

Documents

Transcript of - Chapter 1012 - 2012 Florida Statutes - The Florida Senate