Senate Bill 1874

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    Florida Senate - 1998                                  SB 1874

    By Senator Turner





    36-124-98

  1                      A bill to be entitled

  2         An act relating to education paraprofessionals;

  3         amending ss. 228.041, 228.056, 231.141, 231.15,

  4         231.3605, 231.40, 240.40685, and 121.091, F.S.;

  5         replacing the term "teacher aide" with the term

  6         "education paraprofessional"; requiring the

  7         State Board of Education to classify school

  8         services and prescribe rules; creating s.

  9         231.143, F.S.; authorizing school districts to

10         adopt a program for the career development of

11         education paraprofessionals; specifying levels

12         of achievement that paraprofessionals can

13         attain through the program; providing

14         restrictions; providing an effective date.

15

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

17

18         Section 1.  Paragraph (e) of subsection (9) and

19  subsection (23) of section 228.041, Florida Statutes, are

20  amended to read:

21         228.041  Definitions.--Specific definitions shall be as

22  follows, and wherever such defined words or terms are used in

23  the Florida School Code, they shall be used as follows:

24         (9)  INSTRUCTIONAL PERSONNEL.--"Instructional

25  personnel" means any staff member whose function includes the

26  provision of direct instructional services to students.

27  Instructional personnel also includes personnel whose

28  functions provide direct support in the learning process of

29  students.  Included in the classification of instructional

30  personnel are:

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  1         (e)  Instructional paraprofessionals

  2  aides.--Instructional paraprofessionals aides are individuals

  3  who are under the direct supervision of an instructional staff

  4  member, aiding the instructional process.  Included in this

  5  classification are classroom paraprofessionals aides in

  6  regular instruction, exceptional education paraprofessionals

  7  aides, career education paraprofessionals aides, adult

  8  education paraprofessionals aides, library paraprofessionals

  9  aides, physical education and playground paraprofessionals

10  aides, and other school-level aides and paraprofessionals.

11         (23)  EDUCATION PARAPROFESSIONAL TEACHER AIDE.--An

12  education paraprofessional A teacher aide is any paid person

13  appointed by a school board to assist members of the

14  instructional staff in carrying out their instructional or

15  professional duties and responsibilities.

16         Section 2.  Paragraph (e) of subsection (12) of section

17  228.056, Florida Statutes, is amended to read:

18         228.056  Charter schools.--

19         (12)  EMPLOYEES OF CHARTER SCHOOLS.--

20         (e)  Teachers employed by or under contract to a

21  charter school shall be certified as required by chapter 231.

22  A charter school may employ or contract with skilled selected

23  noncertified personnel to provide instructional services or to

24  assist instructional staff members as education

25  paraprofessionals teacher aides in the same manner as defined

26  in chapter 231. A charter school may not employ an individual

27  to provide instructional services or to serve as an education

28  paraprofessional a teacher aide if the individual's

29  certification or licensure as an educator is suspended or

30  revoked by this or any other state. The qualifications of

31  teachers shall be disclosed to parents.

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  1         Section 3.  Section 231.141, Florida Statutes, is

  2  amended to read:

  3         231.141  Education paraprofessionals Teacher aides.--A

  4  school board may appoint education paraprofessionals teacher

  5  aides to assist members of the instructional staff in carrying

  6  out their duties and responsibilities.  An education

  7  paraprofessional A teacher aide shall not be required to hold

  8  a teaching certificate.  An education paraprofessional A

  9  teacher aide, while rendering services under the supervision

10  of a certificated teacher, shall be accorded the same

11  protection of laws as that accorded the certified teacher.

12  Paid education paraprofessionals teacher aides employed by a

13  school board shall be entitled to the same rights as those

14  accorded noninstructional employees of the board.

15         Section 4.  Section 231.143, Florida Statutes, is

16  created to read:

17         231.143  Education paraprofessional career

18  development.--

19         (1)  The Legislature recognizes that education

20  paraprofessionals play an important role in educating school

21  children and in assisting teachers.  The Legislature further

22  recognizes the increasing role of education paraprofessionals

23  in the school system in light of teacher shortages.  To

24  achieve the goal of excellence for all persons who have an

25  impact on student learning, it is the intent of the

26  Legislature that education paraprofessionals be afforded

27  career opportunities and economic incentives through a career

28  development program.

29         (2)(a)  Each school district may adopt a program for

30  the career development of education paraprofessionals. The

31  purpose of the program is to provide to education

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  1  paraprofessionals a system of career development which is

  2  based upon education and training advancement, and to furnish

  3  economic incentives to encourage excellence among education

  4  paraprofessionals.

  5         (b)  The adoption of each program is subject to chapter

  6  447, and the implementation of a program is contingent upon

  7  the agreement and ratification of the program by both the

  8  employer and employees under s. 447.309.

  9         (3)  A district education paraprofessional career

10  development program must include voluntary participation by

11  paraprofessionals in five career development levels.  The

12  school board shall adopt a procedure for verifying the

13  competency levels of all persons who participate in the career

14  development program and a procedure to determine the outcomes

15  and results of the program and impact on student performance.

16         (4)(a)  Level I.--To qualify for Level I, the person

17  must meet:

18         1.  The health requirement established for certified

19  personnel.

20         2.  The age requirements for certified personnel.

21         3.  The local school district requirements for

22  employment.

23         (b)  Level II.--To qualify for Level II, the person

24  must:

25         1.  Have earned a high school diploma or the

26  equivalent.

27         2.  Possess a clear understanding of state and district

28  rules and policies relevant to paraprofessionals.

29         3.  Possess knowledge of all state and district

30  instructional practices and policies relevant to

31  paraprofessionals.

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  1         4.  Have maintained satisfactory job performance of

  2  appropriate skills and competencies for 1 year.

  3         (c)  Level III.--To qualify for Level III, the person

  4  must:

  5         1.  Have completed 30 college semester hours or the

  6  equivalent inservice hours.

  7         2.  Possess a clear understanding of state and district

  8  rules and policies relevant to paraprofessionals.

  9         3.  Possess knowledge of all state and district

10  instructional practices and policies relevant to

11  paraprofessionals.

12         4.  Have maintained satisfactory job performance of

13  appropriate skills and competencies for 2 years.

14         (d)  Level IV.--To qualify for Level IV, the person

15  must:

16         1.  Have completed 60 college semester hours or the

17  equivalent inservice hours.

18         2.  Possess a clear understanding of state and district

19  rules and policies relevant to paraprofessionals.

20         3.  Possess knowledge of all state and district

21  instructional practices and policies relevant to

22  paraprofessionals.

23         4.  Have maintained satisfactory job performance of

24  appropriate skills and competencies for 2 years.

25         (e)  Level V.--To qualify for Level V, the person must:

26         1.  Have completed coursework to earn a bachelor of

27  arts or bachelor of science degree from an accredited

28  institution pursuant to s. 231.17(1)(c).

29         2.  Possess a clear understanding of state and district

30  rules and policies relevant to paraprofessionals.

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  1         3.  Possess knowledge of all state and district

  2  instructional practices and policies relevant to

  3  paraprofessionals.

  4         4.  Have maintained satisfactory job performance of

  5  appropriate skills and competencies for 2 years.

  6         (5)  Paraprofessionals may not:

  7         (a)  Establish instructional objectives;

  8         (b)  Make decisions regarding the relevancy of certain

  9  activities or procedures to the attainment of instructional

10  objectives;

11         (c)  Make decisions regarding the appropriateness of

12  certain teaching materials for accomplishing instructional

13  objectives; or

14         (d)  Make judgments regarding the attainment of

15  instructional objectives unless these judgments are based upon

16  clear and objective criteria, such as specific achievement

17  standards on a true-false test.

18         Section 5.  Subsection (1) of section 231.15, Florida

19  Statutes, is amended to read:

20         231.15  Positions for which certificates required.--

21         (1)  The State Board of Education shall have authority

22  to classify school services and to prescribe rules in

23  accordance with which the professional, temporary, and

24  part-time certificates shall be issued by the Department of

25  Education to school employees who meet the standards

26  prescribed by such rules for their class of service.  Each

27  person employed or occupying a position as school supervisor,

28  principal, teacher, library media specialist, school

29  counselor, athletic coach, or other position in which the

30  employee serves in an instructional capacity, in any public

31  school of any district of this state shall hold the

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  1  certificate required by law and by rules of the state board in

  2  fulfilling the requirements of the law for the type of service

  3  rendered.  However, the state board shall adopt rules

  4  authorizing school boards to employ selected noncertificated

  5  personnel to provide instructional services in the

  6  individuals' fields of specialty or to assist instructional

  7  staff members as education paraprofessionals teacher aides.

  8  Each person who is employed and renders service as an athletic

  9  coach in any public school in any district of this state shall

10  hold a valid part-time, temporary, or professional

11  certificate. Each person employed as a school nurse shall hold

12  a license to practice nursing in the state, and each person

13  employed as a school physician shall hold a license to

14  practice medicine in the state.  The provisions of this

15  subsection shall not apply to any athletic coach who renders

16  service in a voluntary capacity and who is not employed by any

17  public school of any district in this state.

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

19  231.3605, Florida Statutes, is amended to read:

20         231.3605  Educational support employees.--

21         (1)  As used in this section:

22         (a)  "Educational support employee" means any person

23  employed by a district school system who is so employed as a

24  teacher aide, a teacher assistant, an education

25  paraprofessional, a member of the transportation department, a

26  member of the operations department, a member of the

27  maintenance department, a member of food service, a secretary,

28  or a clerical employee, or any other person who by virtue of

29  his or her position of employment is not required to be

30  certified by the Department of Education or school board

31  pursuant to s. 231.1725. This section does not apply to

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  1  persons employed in confidential or management positions. This

  2  section applies to all employees who are not temporary or

  3  casual and whose duties require 20 or more hours in each

  4  normal working week.

  5         Section 7.  Paragraph (a) of subsection (1) of section

  6  231.40, Florida Statutes, is amended to read:

  7         231.40  Sick leave.--

  8         (1)  DEFINITIONS.--As used in this section, unless the

  9  context otherwise requires, the term:

10         (a)  "Educational support employee" means any person

11  employed by a district school board as a teacher aide; a

12  teacher assistant; an education paraprofessional; a member of

13  the transportation, operations, maintenance, or food service

14  department; or a secretary or a clerical employee.

15         Section 8.  Section 240.40685, Florida Statutes, is

16  amended to read:

17         240.40685  Certified Education Paraprofessional

18  Teacher-Aide Welfare Transition Program.--

19         (1)  There is created the Certified Education

20  Paraprofessional Teacher-Aide Welfare Transition Program to

21  provide education and employment for recipients of public

22  assistance who are certified to work in schools that, because

23  of the high proportion of economically disadvantaged children

24  enrolled, are at risk of poor performance on traditional

25  measures of achievement.  The program is designed to enable

26  such schools to increase the number of adults working with the

27  school children.  However, the increase in personnel working

28  at certain schools is intended to supplement and not to

29  supplant the school staff and should not affect current school

30  board employment and staffing policies, including those

31  contained in collective bargaining agreements.  The program is

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  1  intended to be supported by local, state, and federal program

  2  funds for which the participants may be eligible.  Further,

  3  the program is designed to provide its participants not only

  4  with entry-level employment but also with a marketable

  5  credential, a career option, and encouragement to advance.

  6         (2)  The Commissioner of Education, the Executive

  7  Director of the State Board of Community Colleges, the

  8  Secretary of the Department of Children and Family Health and

  9  Rehabilitative Services, and the Secretary of Labor and

10  Employment Security have joint responsibility for planning and

11  conducting the program.

12         (3)  The agencies responsible may make recommendations

13  to the State Board of Education and the Legislature if they

14  find that implementation or operation of the program would

15  benefit from the adoption or waiver of state or federal

16  policy, rule, or law, including recommendations regarding

17  program budgeting.

18         (4)  The agencies shall complete an implementation plan

19  that addresses at least the following recommended components

20  of the program:

21         (a)  A method of selecting participants.  The method

22  must not duplicate services provided by those assigned to

23  screen participants of the WAGES Program, but must assure that

24  screening personnel are trained to identify recipients of

25  public assistance whose personal aptitudes and motivation make

26  them most likely to succeed in the program and advance in a

27  career related to the school community.

28         (b)  A budget for use of incentive funding to provide

29  motivation to participants to succeed and excel.  The budget

30  for incentive funding includes:

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  1         1.  Funds allocated by the Legislature directly for the

  2  program.;

  3         2.  Funds that may be made available from the federal

  4  Job Training Partnership Act based on client eligibility or

  5  requested waivers to make the clients eligible.;

  6         3.  Funds made available by implementation strategies

  7  that would make maximum use of work supplementation funds

  8  authorized by federal law.;

  9         4.  Funds authorized by strategies to lengthen

10  participants' eligibility for federal programs such as

11  Medicaid, subsidized child care, and transportation.

12

13  Incentives may include a stipend during periods of college

14  classroom training, a bonus and recognition for a high

15  grade-point average, child care and prekindergarten services

16  for children of participants, and services to increase a

17  participant's ability to advance to higher levels of

18  employment. Nonfinancial incentives should include providing a

19  mentor or tutor, and service incentives should continue and

20  increase for any participant who plans to complete the

21  baccalaureate degree and become a certified teacher. Services

22  may be provided in accordance with family choice by community

23  colleges and school district technical centers, through family

24  service centers and full-service schools, or under contract

25  with providers through central agencies.

26         (5)  The agencies shall select Department of Children

27  and Family Health and Rehabilitative Services districts to

28  participate in the program. A district that wishes to

29  participate must demonstrate that a district school board, a

30  community college board of trustees, an economic services

31  program administrator, and a private industry council are

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  1  willing to coordinate to provide the educational program,

  2  support services, employment opportunities, and incentives

  3  required to fulfill the intent of this section.

  4         (6)(a)  A community college or school district

  5  technical center is eligible to participate if it provides a

  6  technical certificate program in Child Development Early

  7  Intervention as approved by the Jobs and Education Partnership

  8  and it is participating in the Performance Based Incentive

  9  Funding program authorized in s. 239.249.  Priority programs

10  provide an option and incentives to articulate with an

11  associate in science degree program or a baccalaureate degree

12  program.

13         (b)  A participating educational agency may earn funds

14  appropriated for performance-based incentive funding for

15  successful outcomes of enrollment and placement of recipients

16  of public assistance who are in the program. In addition, an

17  educational agency is eligible for an incentive award

18  determined by the Jobs and Education Partnership for each

19  recipient of public assistance who successfully completes a

20  program leading to the award of a General Education

21  Development credential.

22         (c)  Historically black colleges or universities that

23  have established programs that serve participants of the WAGES

24  Program are eligible to participate in the Performance Based

25  Incentive Funding Program and may earn an incentive award

26  determined by the Jobs and Education Partnership for

27  successful placement of program completers in jobs as

28  education paraprofessionals teacher aides in at-risk schools.

29         (7)(a)  A participating school district shall identify

30  at-risk schools in which the program participants will work

31  during the practicum part of their education.  For purposes of

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  1  this act, an at-risk school is a school with grades K-3 in

  2  which 50 percent or more of the students enrolled at the

  3  school are eligible for free lunches or reduced-price lunches.

  4  Priority schools are schools whose service zones include the

  5  participants' own communities.

  6         (b)  A participating school district may use funds

  7  appropriated by the Legislature from Job Training Partnership

  8  Act service delivery area allotments to provide at least 6

  9  months of on-the-job training to participants in the Certified

10  Education Paraprofessionals Teacher-Aide Welfare Transition

11  Program.  Participating school districts may also use funds

12  provided by grant diversion of funds from the WAGES Program

13  for the participants during the practicum portion of their

14  training to earn the certificate required for their

15  employment.

16         (8)  The agencies shall give priority for funding to

17  those programs that provide maximum security for the

18  long-range employment and career opportunities of the program

19  participants. Security is enhanced if employment is provided

20  through a governmental or nongovernmental agency other than

21  the school board, or if the plans assure in another way that

22  the participants will supplement, rather than supplant, the

23  workforce available to the school board.  It is the intent of

24  the Legislature that, when a program participant succeeds in

25  becoming a certified education paraprofessional teacher aide

26  after working successfully in a school during the practicum or

27  on-the-job training supported by the program, the participant

28  shall have the opportunity to continue in full-time employment

29  at the school that provided the training or at another school

30  in the district.

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  1         Section 9.  Paragraph (b) of subsection (9) of section

  2  121.091, Florida Statutes, is amended to read:

  3         121.091  Benefits payable under the system.--No

  4  benefits shall be paid under this section unless the member

  5  has terminated employment as provided in s. 121.021(39)(a) or

  6  begun participation in the Deferred Retirement Option Program

  7  as provided in subsection (13), and a proper application has

  8  been filed in the manner prescribed by the division.

  9         (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--

10         (b)1.  Any person who is retired under this chapter,

11  except under the disability retirement provisions of

12  subsection (4), may be reemployed by any private or public

13  employer after retirement and receive retirement benefits and

14  compensation from his or her employer without any limitations,

15  except that a person may not receive both a salary from

16  reemployment with any agency participating in the Florida

17  Retirement System and retirement benefits under this chapter

18  for a period of 12 months immediately subsequent to the date

19  of retirement. However, a DROP participant shall continue

20  employment and receive a salary during the period of

21  participation in the Deferred Retirement Option Program, as

22  provided in subsection (13).

23         2.  Any person to whom the limitation in subparagraph

24  1. applies who violates such reemployment limitation and who

25  is reemployed with any agency participating in the Florida

26  Retirement System before completion of the 12-month limitation

27  period shall give timely notice of this fact in writing to the

28  employer and to the division and shall have his or her

29  retirement benefits suspended for the balance of the 12-month

30  limitation period.  Any person employed in violation of this

31  paragraph and any employing agency which knowingly employs or

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  1  appoints such person without notifying the Division of

  2  Retirement to suspend retirement benefits shall be jointly and

  3  severally liable for reimbursement to the retirement trust

  4  fund of any benefits paid during the reemployment limitation

  5  period.  To avoid liability, such employing agency shall have

  6  a written statement from the retiree that he or she is not

  7  retired from a state-administered retirement system.  Any

  8  retirement benefits received while reemployed during this

  9  reemployment limitation period shall be repaid to the

10  retirement trust fund, and retirement benefits shall remain

11  suspended until such repayment has been made.  Benefits

12  suspended beyond the reemployment limitation shall apply

13  toward repayment of benefits received in violation of the

14  reemployment limitation.

15         3.  A district school board may reemploy a retired

16  member as a substitute or hourly teacher, education

17  paraprofessional teacher aide, transportation assistant, bus

18  driver, or food service worker on a noncontractual basis after

19  he or she has been retired for 1 calendar month, in accordance

20  with s. 121.021(39).  Any retired member who is reemployed

21  within 1 calendar month after retirement shall void his or her

22  application for retirement benefits.  District school boards

23  reemploying such teachers, education paraprofessionals teacher

24  aides, transportation assistants, bus drivers, or food service

25  workers are subject to the retirement contribution required by

26  subparagraph 7.  Reemployment of a retired member as a

27  substitute or hourly teacher, education paraprofessional

28  teacher aide, transportation assistant, bus driver, or food

29  service worker is limited to 780 hours during the first 12

30  months of his or her retirement.  Any retired member

31  reemployed for more than 780 hours during his or her first 12

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  1  months of retirement shall give timely notice in writing to

  2  the employer and to the division of the date he or she will

  3  exceed the limitation.  The division shall suspend his or her

  4  retirement benefits for the remainder of the first 12 months

  5  of retirement.  Any person employed in violation of this

  6  subparagraph and any employing agency which knowingly employs

  7  or appoints such person without notifying the Division of

  8  Retirement to suspend retirement benefits shall be jointly and

  9  severally liable for reimbursement to the retirement trust

10  fund of any benefits paid during the reemployment limitation

11  period.  To avoid liability, such employing agency shall have

12  a written statement from the retiree that he or she is not

13  retired from a state-administered retirement system.  Any

14  retirement benefits received by a retired member while

15  reemployed in excess of 780 hours during the first 12 months

16  of retirement shall be repaid to the Retirement System Trust

17  Fund, and his or her retirement benefits shall remain

18  suspended until repayment is made.  Benefits suspended beyond

19  the end of the retired member's first 12 months of retirement

20  shall apply toward repayment of benefits received in violation

21  of the 780-hour reemployment limitation.

22         4.  A community college board of trustees may reemploy

23  a retired member as an adjunct instructor, that is, an

24  instructor who is noncontractual and part-time, or as a

25  participant in a phased retirement program within the State

26  Community College System, after he or she has been retired for

27  1 calendar month, in accordance with s. 121.021(39).  Any

28  retired member who is reemployed within 1 calendar month after

29  retirement shall void his or her application for retirement

30  benefits.  Boards of trustees reemploying such instructors are

31  subject to the retirement contribution required in

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  1  subparagraph 7.  A retired member may be reemployed as an

  2  adjunct instructor for no more than 780 hours during the first

  3  12 months of retirement.  Any retired member reemployed for

  4  more than 780 hours during the first 12 months of retirement

  5  shall give timely notice in writing to the employer and to the

  6  division of the date he or she will exceed the limitation.

  7  The division shall suspend his or her retirement benefits for

  8  the remainder of the first 12 months of retirement.  Any

  9  person employed in violation of this subparagraph and any

10  employing agency which knowingly employs or appoints such

11  person without notifying the Division of Retirement to suspend

12  retirement benefits shall be jointly and severally liable for

13  reimbursement to the retirement trust fund of any benefits

14  paid during the reemployment limitation period.  To avoid

15  liability, such employing agency shall have a written

16  statement from the retiree that he or she is not retired from

17  a state-administered retirement system.  Any retirement

18  benefits received by a retired member while reemployed in

19  excess of 780 hours during the first 12 months of retirement

20  shall be repaid to the Retirement System Trust Fund, and

21  retirement benefits shall remain suspended until repayment is

22  made.  Benefits suspended beyond the end of the retired

23  member's first 12 months of retirement shall apply toward

24  repayment of benefits received in violation of the 780-hour

25  reemployment limitation.

26         5.  The State University System may reemploy a retired

27  member as an adjunct faculty member or as a participant in a

28  phased retirement program within the State University System

29  after the retired member has been retired for 1 calendar

30  month, in accordance with s. 121.021(39).  Any retired member

31  who is reemployed within 1 calendar month after retirement

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  1  shall void his or her application for retirement benefits.

  2  The State University System is subject to the retired

  3  contribution required in subparagraph 7., as appropriate. A

  4  retired member may be reemployed as an adjunct faculty member

  5  or a participant in a phased retirement program for no more

  6  than 780 hours during the first 12 months of his or her

  7  retirement.  Any retired member reemployed for more than 780

  8  hours during the first 12 months of retirement shall give

  9  timely notice in writing to the employer and to the division

10  of the date he or she will exceed the limitation.  The

11  division shall suspend his or her retirement benefits for the

12  remainder of the first 12 months of retirement.  Any person

13  employed in violation of this subparagraph and any employing

14  agency which knowingly employs or appoints such person without

15  notifying the Division of Retirement to suspend retirement

16  benefits shall be jointly and severally liable for

17  reimbursement to the retirement trust fund of any benefits

18  paid during the reemployment limitation period.  To avoid

19  liability, such employing agency shall have a written

20  statement from the retiree that he or she is not retired from

21  a state-administered retirement system.  Any retirement

22  benefits received by a retired member while reemployed in

23  excess of 780 hours during the first 12 months of retirement

24  shall be repaid to the Retirement System Trust Fund, and

25  retirement benefits shall remain suspended until repayment is

26  made.  Benefits suspended beyond the end of the retired

27  member's first 12 months of retirement shall apply toward

28  repayment of benefits received in violation of the 780-hour

29  reemployment limitation.

30         6.  The Board of Trustees of the Florida School for the

31  Deaf and the Blind may reemploy a retired member as a

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    Florida Senate - 1998                                  SB 1874
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  1  substitute teacher, substitute residential instructor, or

  2  substitute nurse on a noncontractual basis after he or she has

  3  been retired for 1 calendar month, in accordance with s.

  4  121.021(39).  Any retired member who is reemployed within 1

  5  calendar month after retirement shall void his or her

  6  application for retirement benefits. The Board of Trustees of

  7  the Florida School for the Deaf and the Blind reemploying such

  8  teachers, residential instructors, or nurses is subject to the

  9  retirement contribution required by subparagraph 7.

10  Reemployment of a retired member as a substitute teacher,

11  substitute residential instructor, or substitute nurse is

12  limited to 780 hours during the first 12 months of his or her

13  retirement.  Any retired member reemployed for more than 780

14  hours during the first 12 months of retirement shall give

15  timely notice in writing to the employer and to the division

16  of the date he or she will exceed the limitation. The division

17  shall suspend his or her retirement benefits for the remainder

18  of the first 12 months of retirement.  Any person employed in

19  violation of this subparagraph and any employing agency which

20  knowingly employs or appoints such person without notifying

21  the Division of Retirement to suspend retirement benefits

22  shall be jointly and severally liable for reimbursement to the

23  retirement trust fund of any benefits paid during the

24  reemployment limitation period.  To avoid liability, such

25  employing agency shall have a written statement from the

26  retiree that he or she is not retired from a

27  state-administered retirement system.  Any retirement benefits

28  received by a retired member while reemployed in excess of 780

29  hours during the first 12 months of retirement shall be repaid

30  to the Retirement System Trust Fund, and his or her retirement

31  benefits shall remain suspended until payment is made.

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  1  Benefits suspended beyond the end of the retired member's

  2  first 12 months of retirement shall apply toward repayment of

  3  benefits received in violation of the 780-hour reemployment

  4  limitation.

  5         7.  The employment by an employer of any retiree or

  6  DROP participant of any state-administered retirement system

  7  shall have no effect on the average final compensation or

  8  years of creditable service of the retiree or DROP

  9  participant.  Prior to July 1, 1991, upon employment of any

10  person, other than an elected officer as provided in s.

11  121.053, who has been retired under any state-administered

12  retirement program, the employer shall pay retirement

13  contributions in an amount equal to the unfunded actuarial

14  liability portion of the employer contribution which would be

15  required for regular members of the Florida Retirement System.

16  Effective July 1, 1991, contributions shall be made as

17  provided in s. 121.122 for retirees with renewed membership or

18  subsection (13) with respect to DROP participants.

19         8.  Any person who has previously retired and who is

20  holding an elective public office or an appointment to an

21  elective public office eligible for the Elected State and

22  County Officers' Class on or after July 1, 1990, shall be

23  enrolled in the Florida Retirement System as provided in s.

24  121.053(1)(b) or, if holding an elective public office that

25  does not qualify for the Elected State and County Officers'

26  Class on or after July 1, 1991, shall be enrolled in the

27  Florida Retirement System as provided in s. 121.122, and shall

28  continue to receive retirement benefits as well as

29  compensation for the elected officer's service for as long as

30  he or she remains in elective office. However, any retired

31  member who served in an elective office prior to July 1, 1990,

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  1  suspended his or her retirement benefit, and had his or her

  2  Florida Retirement System membership reinstated shall, upon

  3  retirement from such office, have his or her retirement

  4  benefit recalculated to include the additional service and

  5  compensation earned.

  6         9.  Any person who is holding an elective public office

  7  which is covered by the Florida Retirement System and who is

  8  concurrently employed in nonelected covered employment may

  9  elect to retire while continuing employment in the elective

10  public office, provided that he or she shall be required to

11  terminate his or her nonelected covered employment.  Any

12  person who exercises this election shall receive his or her

13  retirement benefits in addition to the compensation of the

14  elective office without regard to the time limitations

15  otherwise provided in this subsection.  No person who seeks to

16  exercise the provisions of this subparagraph, as the same

17  existed prior to May 3, 1984, shall be deemed to be retired

18  under those provisions, unless such person is eligible to

19  retire under the provisions of this subparagraph, as amended

20  by chapter 84-11, Laws of Florida.

21         10.  The limitations of this paragraph apply to

22  reemployment in any capacity with an "employer" as defined in

23  s. 121.021(10), irrespective of the category of funds from

24  which the person is compensated.

25         11.  From July 1, 1997, through December 31, 1998,

26  notwithstanding the limitations of this subsection, except

27  that any retiree who is reemployed within 1 calendar month

28  after retirement shall void his or her application for

29  retirement benefits, any retiree of the Florida Retirement

30  System may be reemployed by a covered employer during the 2nd

31  through 12th months of the reemployment limitation period

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  1  without suspending his or her retirement benefits, provided

  2  that the reemployment is for the sole purpose of working on

  3  the technical aspects of correcting or replacing the computer

  4  systems and programs necessary to resolve the year 2000 date

  5  problem for computing which confronts all public employers

  6  covered by the Florida Retirement System.

  7         Section 10.  This act shall take effect July 1, 1998.

  8

  9            *****************************************

10                       LEGISLATIVE SUMMARY

11    Replaces the term "teacher aide" with the term "education
      paraprofessional." Requires, rather than authorizes, the
12    State Board of Education to classify school services and
      prescribe rules for certification.  Authorizes school
13    districts to adopt a career development program for
      education paraprofessionals. Specifies levels of career
14    development to be attained through the program. Provides
      restrictions.
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