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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.-- 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 161 511-122B-97 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 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 161 511-122B-97 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. 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 161 511-122B-97 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: 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 161 511-122B-97 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: 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 161 511-122B-97 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 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 161 511-122B-97 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. 31 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 161 511-122B-97 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 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 161 511-122B-97 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. 31 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 161 511-122B-97 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 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 161 511-122B-97 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 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 161 511-122B-97 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 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 161 511-122B-97 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. 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 161 511-122B-97 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 31 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 161 511-122B-97 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. 4 5 ***************************************** 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. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 15