CODING: Words stricken are deletions; words underlined are additions.House Bill 0161
Florida House of Representatives - 1997 HB 161
By Representative Dennis
1 A bill to be entitled
2 An act relating to education; amending ss.
3 228.041, 228.056, 230.23, 231.141, 231.15, and
4 121.091, F.S.; replacing the term "teacher
5 aide" with the term "education
6 paraprofessional"; requiring the State Board of
7 Education to classify school services and
8 prescribe rules; creating s. 231.143, F.S.;
9 authorizing school districts to adopt a program
10 for the career development of education
11 paraprofessionals; specifying levels of
12 achievement that paraprofessionals can attain
13 through the program; providing restrictions;
14 providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Subsection (23) of section 228.041, Florida
19 Statutes, 1996 Supplement, is amended to read:
20 228.041 Definitions.--Specific definitions shall be as
21 follows, and wherever such defined words or terms are used in
22 the Florida School Code, they shall be used as follows:
23 (23) EDUCATION PARAPROFESSIONAL TEACHER AIDE.--An
24 education paraprofessional A teacher aide is any paid person
25 appointed by a school board to assist members of the
26 instructional staff in carrying out their instructional or
27 professional duties and responsibilities.
28 Section 2. Paragraph (e) of subsection (12) of section
29 228.056, Florida Statutes, 1996 Supplement, is amended to
30 read:
31 228.056 Charter schools.--
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1 (12) EMPLOYEES OF CHARTER SCHOOLS.--
2 (e) Teachers employed by or under contract to a
3 charter school shall be certified as required by chapter 231.
4 A charter school may employ or contract with skilled selected
5 noncertified personnel to provide instructional services or to
6 assist instructional staff members as education
7 paraprofessionals teacher aides in the same manner as defined
8 in chapter 231. A charter school may not employ an individual
9 to provide instructional services or to serve as an education
10 paraprofessional a teacher aide if the individual's
11 certification or licensure as an educator is suspended or
12 revoked by this or any other state. The qualifications of
13 teachers shall be disclosed to parents.
14 Section 3. Paragraph (p) of subsection (4) of section
15 230.23, Florida Statutes, 1996 Supplement, is amended to read:
16 230.23 Powers and duties of school board.--The school
17 board, acting as a board, shall exercise all powers and
18 perform all duties listed below:
19 (4) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF
20 SCHOOLS.--Adopt and provide for the execution of plans for the
21 establishment, organization, and operation of the schools of
22 the district, as follows:
23 (p) Education paraprofessionals Teacher
24 aides.--Appoint education paraprofessionals teacher aides to
25 assist members of the instructional staff in the primary
26 grades, kindergarten, and grades one through three, to the
27 extent feasible as determined by the school board.
28 Section 4. Section 231.141, Florida Statutes, is
29 amended to read:
30 231.141 Education paraprofessionals Teacher aides.--A
31 school board may appoint education paraprofessionals teacher
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1 aides to assist members of the instructional staff in carrying
2 out their duties and responsibilities. An education
3 paraprofessional A teacher aide shall not be required to hold
4 a teaching certificate. An education paraprofessional A
5 teacher aide, while rendering services under the supervision
6 of a certificated teacher, shall be accorded the same
7 protection of laws as that accorded the certified teacher.
8 Paid education paraprofessionals teacher aides employed by a
9 school board shall be entitled to the same rights as those
10 accorded noninstructional employees of the board.
11 Section 5. Section 231.143, Florida Statutes, is
12 created to read:
13 231.143 Education paraprofessional career
14 development.--
15 (1) The Legislature recognizes that education
16 paraprofessionals play an important role in educating school
17 children and in assisting teachers. The Legislature further
18 recognizes the increasing role of education paraprofessionals
19 in the school system in light of teacher shortages. To
20 achieve the goal of excellence for all persons who have an
21 impact on student learning, it is the intent of the
22 Legislature that education paraprofessionals be afforded
23 career opportunities and economic incentives through a career
24 development program.
25 (2)(a) Each school district may adopt a program for
26 the career development of education paraprofessionals. The
27 purpose of the program is to provide to education
28 paraprofessionals a system of career development which is
29 based upon education and training advancement, and to furnish
30 economic incentives to encourage excellence among education
31 paraprofessionals.
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1 (b) The adoption of each program is subject to chapter
2 447, and the implementation of a program is contingent upon
3 the agreement and ratification of the program by both the
4 employer and employees under s. 447.309.
5 (3) A district education paraprofessional career
6 development program must include voluntary participation by
7 paraprofessionals in five career development levels. The
8 school board shall adopt a procedure for ensuring the
9 competency levels of all persons who participate in the career
10 development program.
11 (4)(a) Level I.--To qualify for Level I, the person
12 must meet:
13 1. The health requirement established for certified
14 personnel.
15 2. The age requirements for certified personnel.
16 3. The local school district requirements for
17 employment.
18 (b) Level II.--To qualify for Level II, the person
19 must:
20 1. Have earned a high school diploma or the
21 equivalent.
22 2. Possess a clear understanding of state and district
23 rules and policies relevant to paraprofessionals.
24 3. Possess knowledge of all state and district
25 instructional practices and policies relevant to
26 paraprofessionals.
27 4. Have maintained satisfactory job performance of
28 appropriate skills and competencies for 1 year.
29 (c) Level III.--To qualify for Level III, the person
30 must:
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1 1. Have completed 30 college semester hours or the
2 equivalent inservice hours.
3 2. Possess a clear understanding of state and district
4 rules and policies relevant to paraprofessionals.
5 3. Possess knowledge of all state and district
6 instructional practices and policies relevant to
7 paraprofessionals.
8 4. Have maintained satisfactory job performance of
9 appropriate skills and competencies for 2 years.
10 (d) Level IV.--To qualify for Level IV, the person
11 must:
12 1. Have completed 60 college semester hours or the
13 equivalent inservice hours.
14 2. Possess a clear understanding of state and district
15 rules and policies relevant to paraprofessionals.
16 3. Possess knowledge of all state and district
17 instructional practices and policies relevant to
18 paraprofessionals.
19 4. Have maintained satisfactory job performance of
20 appropriate skills and competencies for 2 years.
21 (e) Level V.--To qualify for Level V, the person must:
22 1. Have completed coursework to earn a bachelor of
23 arts or bachelor of science degree.
24 2. Possess a clear understanding of state and district
25 rules and policies relevant to paraprofessionals.
26 3. Possess knowledge of all state and district
27 instructional practices and policies relevant to
28 paraprofessionals.
29 4. Have maintained satisfactory job performance of
30 appropriate skills and competencies for 2 years.
31 (5) Paraprofessionals may not:
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1 (a) Establish instructional objectives;
2 (b) Make decisions regarding the relevancy of certain
3 activities or procedures to the attainment of instructional
4 objectives;
5 (c) Make decisions regarding the appropriateness of
6 certain teaching materials for accomplishing instructional
7 objectives; or
8 (d) Make judgments regarding the attainment of
9 instructional objectives unless these judgments are based upon
10 clear and objective criteria, such as specific achievement
11 standards on a true-false test.
12 Section 6. Subsection (1) of section 231.15, Florida
13 Statutes, is amended to read:
14 231.15 Positions for which certificates required.--
15 (1) The State Board of Education shall have authority
16 to classify school services and to prescribe rules in
17 accordance with which the professional, temporary, and
18 part-time certificates shall be issued by the Department of
19 Education to school employees who meet the standards
20 prescribed by such rules for their class of service. Each
21 person employed or occupying a position as school supervisor,
22 principal, teacher, library media specialist, school
23 counselor, athletic coach, or other position in which the
24 employee serves in an instructional capacity, in any public
25 school of any district of this state shall hold the
26 certificate required by law and by rules of the state board in
27 fulfilling the requirements of the law for the type of service
28 rendered. However, the state board shall adopt rules
29 authorizing school boards to employ selected noncertificated
30 personnel to provide instructional services in the
31 individuals' fields of specialty or to assist instructional
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1 staff members as education paraprofessionals teacher aides.
2 Each person who is employed and renders service as an athletic
3 coach in any public school in any district of this state shall
4 hold a valid part-time, temporary, or professional
5 certificate. Each person employed as a school nurse shall hold
6 a license to practice nursing in the state, and each person
7 employed as a school physician shall hold a license to
8 practice medicine in the state. The provisions of this
9 subsection shall not apply to any athletic coach who renders
10 service in a voluntary capacity and who is not employed by any
11 public school of any district in this state.
12 Section 7. Paragraph (b) of subsection (9) of section
13 121.091, Florida Statutes, 1996 Supplement, is amended to
14 read:
15 121.091 Benefits payable under the system.--No
16 benefits shall be paid under this section unless the member
17 has terminated employment as provided in s. 121.021(39) and a
18 proper application has been filed in the manner prescribed by
19 the division.
20 (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.--
21 (b)1. Any person who is retired under this chapter,
22 except under the disability retirement provisions of
23 subsection (4), may be reemployed by any private or public
24 employer after retirement and receive retirement benefits and
25 compensation from his or her employer without any limitations,
26 except that a person may not receive both a salary from
27 reemployment with any agency participating in the Florida
28 Retirement System and retirement benefits under this chapter
29 for a period of 12 months immediately subsequent to the date
30 of retirement.
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1 2. Any person to whom the limitation in subparagraph
2 1. applies who violates such reemployment limitation and who
3 is reemployed with any agency participating in the Florida
4 Retirement System before completion of the 12-month limitation
5 period shall give timely notice of this fact in writing to the
6 employer and to the division and shall have his or her
7 retirement benefits suspended for the balance of the 12-month
8 limitation period. Any person employed in violation of this
9 paragraph and any employing agency which knowingly employs or
10 appoints such person without notifying the Division of
11 Retirement to suspend retirement benefits shall be jointly and
12 severally liable for reimbursement to the retirement trust
13 fund of any benefits paid during the reemployment limitation
14 period. To avoid liability, such employing agency shall have
15 a written statement from the retiree that he or she is not
16 retired from a state-administered retirement system. Any
17 retirement benefits received while reemployed during this
18 reemployment limitation period shall be repaid to the
19 retirement trust fund, and retirement benefits shall remain
20 suspended until such repayment has been made. Benefits
21 suspended beyond the reemployment limitation shall apply
22 toward repayment of benefits received in violation of the
23 reemployment limitation.
24 3. A district school board may reemploy a retired
25 member as a substitute or hourly teacher, education
26 paraprofessional teacher aide, transportation assistant, bus
27 driver, or food service worker on a noncontractual basis after
28 he or she has been retired for 1 calendar month, in accordance
29 with s. 121.021(39). Any retired member who is reemployed
30 within 1 calendar month after retirement shall void his or her
31 application for retirement benefits. District school boards
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1 reemploying such teachers, education paraprofessionals teacher
2 aides, transportation assistants, bus drivers, or food service
3 workers are subject to the retirement contribution required by
4 subparagraph 7. Reemployment of a retired member as a
5 substitute or hourly teacher, education paraprofessional
6 teacher aide, transportation assistant, bus driver, or food
7 service worker is limited to 780 hours during the first 12
8 months of his or her retirement. Any retired member
9 reemployed for more than 780 hours during his or her first 12
10 months of retirement shall give timely notice in writing to
11 the employer and to the division of the date he or she will
12 exceed the limitation. The division shall suspend his or her
13 retirement benefits for the remainder of the first 12 months
14 of retirement. Any person employed in violation of this
15 subparagraph and any employing agency which knowingly employs
16 or appoints such person without notifying the Division of
17 Retirement to suspend retirement benefits shall be jointly and
18 severally liable for reimbursement to the retirement trust
19 fund of any benefits paid during the reemployment limitation
20 period. To avoid liability, such employing agency shall have
21 a written statement from the retiree that he or she is not
22 retired from a state-administered retirement system. Any
23 retirement benefits received by a retired member while
24 reemployed in excess of 780 hours during the first 12 months
25 of retirement shall be repaid to the Retirement System Trust
26 Fund, and his or her retirement benefits shall remain
27 suspended until repayment is made. Benefits suspended beyond
28 the end of the retired member's first 12 months of retirement
29 shall apply toward repayment of benefits received in violation
30 of the 780-hour reemployment limitation.
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1 4. A community college board of trustees may reemploy
2 a retired member as an adjunct instructor, that is, an
3 instructor who is noncontractual and part-time, or as a
4 participant in a phased retirement program within the State
5 Community College System, after he or she has been retired for
6 1 calendar month, in accordance with s. 121.021(39). Any
7 retired member who is reemployed within 1 calendar month after
8 retirement shall void his or her application for retirement
9 benefits. Boards of trustees reemploying such instructors are
10 subject to the retirement contribution required in
11 subparagraph 7. A retired member may be reemployed as an
12 adjunct instructor for no more than 780 hours during the first
13 12 months of retirement. Any retired member reemployed for
14 more than 780 hours during the first 12 months of retirement
15 shall give timely notice in writing to the employer and to the
16 division of the date he or she will exceed the limitation.
17 The division shall suspend his or her retirement benefits for
18 the remainder of the first 12 months of retirement. Any
19 person employed in violation of this subparagraph and any
20 employing agency which knowingly employs or appoints such
21 person without notifying the Division of Retirement to suspend
22 retirement benefits shall be jointly and severally liable for
23 reimbursement to the retirement trust fund of any benefits
24 paid during the reemployment limitation period. To avoid
25 liability, such employing agency shall have a written
26 statement from the retiree that he or she is not retired from
27 a state-administered retirement system. Any retirement
28 benefits received by a retired member while reemployed in
29 excess of 780 hours during the first 12 months of retirement
30 shall be repaid to the Retirement System Trust Fund, and
31 retirement benefits shall remain suspended until repayment is
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1 made. Benefits suspended beyond the end of the retired
2 member's first 12 months of retirement shall apply toward
3 repayment of benefits received in violation of the 780-hour
4 reemployment limitation.
5 5. The State University System may reemploy a retired
6 member as an adjunct faculty member or as a participant in a
7 phased retirement program within the State University System
8 after the retired member has been retired for 1 calendar
9 month, in accordance with s. 121.021(39). Any retired member
10 who is reemployed within 1 calendar month after retirement
11 shall void his or her application for retirement benefits.
12 The State University System is subject to the retired
13 contribution required in subparagraph 7., as appropriate. A
14 retired member may be reemployed as an adjunct faculty member
15 or a participant in a phased retirement program for no more
16 than 780 hours during the first 12 months of his or her
17 retirement. Any retired member reemployed for more than 780
18 hours during the first 12 months of retirement shall give
19 timely notice in writing to the employer and to the division
20 of the date he or she will exceed the limitation. The
21 division shall suspend his or her retirement benefits for the
22 remainder of the first 12 months of retirement. Any person
23 employed in violation of this subparagraph and any employing
24 agency which knowingly employs or appoints such person without
25 notifying the Division of Retirement to suspend retirement
26 benefits shall be jointly and severally liable for
27 reimbursement to the retirement trust fund of any benefits
28 paid during the reemployment limitation period. To avoid
29 liability, such employing agency shall have a written
30 statement from the retiree that he or she is not retired from
31 a state-administered retirement system. Any retirement
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1 benefits received by a retired member while reemployed in
2 excess of 780 hours during the first 12 months of retirement
3 shall be repaid to the Retirement System Trust Fund, and
4 retirement benefits shall remain suspended until repayment is
5 made. Benefits suspended beyond the end of the retired
6 member's first 12 months of retirement shall apply toward
7 repayment of benefits received in violation of the 780-hour
8 reemployment limitation.
9 6. The Board of Trustees of the Florida School for the
10 Deaf and the Blind may reemploy a retired member as a
11 substitute teacher, substitute residential instructor, or
12 substitute nurse on a noncontractual basis after he or she has
13 been retired for 1 calendar month, in accordance with s.
14 121.021(39). Any retired member who is reemployed within 1
15 calendar month after retirement shall void his or her
16 application for retirement benefits. The Board of Trustees of
17 the Florida School for the Deaf and the Blind reemploying such
18 teachers, residential instructors, or nurses is subject to the
19 retirement contribution required by subparagraph 7.
20 Reemployment of a retired member as a substitute teacher,
21 substitute residential instructor, or substitute nurse is
22 limited to 780 hours during the first 12 months of his or her
23 retirement. Any retired member reemployed for more than 780
24 hours during the first 12 months of retirement shall give
25 timely notice in writing to the employer and to the division
26 of the date he or she will exceed the limitation. The division
27 shall suspend his or her retirement benefits for the remainder
28 of the first 12 months of retirement. Any person employed in
29 violation of this subparagraph and any employing agency which
30 knowingly employs or appoints such person without notifying
31 the Division of Retirement to suspend retirement benefits
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1 shall be jointly and severally liable for reimbursement to the
2 retirement trust fund of any benefits paid during the
3 reemployment limitation period. To avoid liability, such
4 employing agency shall have a written statement from the
5 retiree that he or she is not retired from a
6 state-administered retirement system. Any retirement benefits
7 received by a retired member while reemployed in excess of 780
8 hours during the first 12 months of retirement shall be repaid
9 to the Retirement System Trust Fund, and his or her retirement
10 benefits shall remain suspended until payment is made.
11 Benefits suspended beyond the end of the retired member's
12 first 12 months of retirement shall apply toward repayment of
13 benefits received in violation of the 780-hour reemployment
14 limitation.
15 7. The employment by an employer of any retiree of any
16 state-administered retirement system shall have no effect on
17 the average final compensation or years of creditable service
18 of the retiree. Prior to July 1, 1991, upon employment of any
19 person, other than an elected officer as provided in s.
20 121.053, who has been retired under any state-administered
21 retirement program, the employer shall pay retirement
22 contributions in an amount equal to the unfunded actuarial
23 accrued liability portion of the employer contribution which
24 would be required for regular members of the Florida
25 Retirement System. Effective July 1, 1991, contributions shall
26 be made as provided in s. 121.122 for renewed membership.
27 8. Any person who has previously retired and who is
28 holding an elective public office or an appointment to an
29 elective public office eligible for the Elected State and
30 County Officers' Class on or after July 1, 1990, shall be
31 enrolled in the Florida Retirement System as provided in s.
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1 121.053(1)(b) or, if holding an elective public office that
2 does not qualify for the Elected State and County Officers'
3 Class on or after July 1, 1991, shall be enrolled in the
4 Florida Retirement System as provided in s. 121.122, and shall
5 continue to receive retirement benefits as well as
6 compensation for the elected officer's service for as long as
7 he or she remains in elective office. However, any retired
8 member who served in an elective office prior to July 1, 1990,
9 suspended his or her retirement benefit, and had his or her
10 Florida Retirement System membership reinstated shall, upon
11 retirement from such office, have his or her retirement
12 benefit recalculated to include the additional service and
13 compensation earned.
14 9. Any person who is holding an elective public office
15 which is covered by the Florida Retirement System and who is
16 concurrently employed in nonelected covered employment may
17 elect to retire while continuing employment in the elective
18 public office, provided that he or she shall be required to
19 terminate his or her nonelected covered employment. Any
20 person who exercises this election shall receive his or her
21 retirement benefits in addition to the compensation of the
22 elective office without regard to the time limitations
23 otherwise provided in this subsection. No person who seeks to
24 exercise the provisions of this subparagraph, as the same
25 existed prior to May 3, 1984, shall be deemed to be retired
26 under those provisions, unless such person is eligible to
27 retire under the provisions of this subparagraph, as amended
28 by chapter 84-11, Laws of Florida.
29 10. The limitations of this paragraph apply to
30 reemployment in any capacity with an "employer" as defined in
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1 s. 121.021(10), irrespective of the category of funds from
2 which the person is compensated.
3 Section 8. This act shall take effect July 1, 1997.
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6 HOUSE SUMMARY
7 Replaces the term "teacher aide" with the term "education
paraprofessional." Requires, rather than authorizes, the
8 State Board of Education to classify school services and
prescribe rules for certification. Authorizes school
9 districts to adopt a career development program for
education paraprofessionals. Specifies levels of career
10 development to be attained through the program. Provides
restrictions.
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