Senate Bill sb0154c2
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Florida Senate - 2004 CS for CS for SB 154
By the Committees on Criminal Justice; Education; and Senators
Saunders and Fasano
307-1999-04
1 A bill to be entitled
2 An act relating to school district employees
3 and contractors; amending ss. 1002.33, 1012.32,
4 1012.56, 1012.57, F.S.; requiring background
5 screening, initially and periodically, of
6 charter school employees, contractors, and
7 members of the governing board; requiring
8 background screening, initially and
9 periodically, of persons certified under ch.
10 1012, F.S.; requiring background screening,
11 initially and periodically, of adjunct
12 educators; requiring both instructional and
13 noninstructional personnel of charter schools
14 to undergo background screening by filing
15 fingerprints with the school board of the
16 district within which the charter school is
17 located; providing that contractors have the
18 same probationary status as employees;
19 providing duties of the Department of Law
20 Enforcement with respect to retention of
21 fingerprint records submitted on behalf of
22 school employees and contractors; requiring the
23 Department of Law Enforcement to search all
24 fingerprint records for arrest records;
25 directing the department to report the arrest
26 record to the school district employing the
27 person; directing the school district to
28 participate in the search; requiring the
29 department to set a fee to be imposed on the
30 school district; creating s. 1012.465, F.S.;
31 requiring background screening, initially and
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1 periodically, of certain noninstructional
2 personnel and contractors with the school
3 district; requiring any such person to report
4 his or her conviction of a disqualifying
5 offense; providing that noninstructional
6 personnel may perform certain services before
7 the results of the screening have been
8 reported, with limitations; providing for
9 suspending any such personnel who do not meet
10 the screening requirements and revoking or
11 suspending the certification of any such
12 certified person; providing for appeal;
13 providing that the school district or the
14 employee may pay for the screening; providing
15 an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
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19 Section 1. Paragraph (g) of subsection (12) of section
20 1002.33, Florida Statutes, is amended to read:
21 1002.33 Charter schools.--
22 (12) EMPLOYEES OF CHARTER SCHOOLS.--
23 (g) A charter school shall employ or contract with
24 employees who have undergone background screening been
25 fingerprinted as provided in s. 1012.32. Members of the
26 governing board of the charter school shall also undergo
27 background screening be fingerprinted in a manner similar to
28 that provided in s. 1012.32.
29 Section 2. Subsection (2) of section 1012.32, Florida
30 Statutes, is amended to read:
31 1012.32 Qualifications of personnel.--
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1 (2)(a) Instructional and noninstructional personnel
2 who are hired or contracted to fill positions requiring direct
3 contact with students in any district school system or
4 university lab school shall, upon employment or engagement to
5 provide services, undergo background screening as required
6 under s. 1012.56 or s. 1012.465, whichever is applicable file
7 a complete set of fingerprints taken by an authorized law
8 enforcement agency or an employee of the school or district
9 who is trained to take fingerprints. Instructional and
10 noninstructional personnel who are hired or contracted to fill
11 positions in any charter school and members of the governing
12 board of any charter school, in compliance with s.
13 1002.33(12)(g), shall, upon employment, engagement of
14 services, or appointment, undergo background screening as
15 required under s. 1012.56 or s. 1012.465, whichever is
16 applicable, by filing with the district school board for the
17 district in which the charter school is located a complete set
18 of fingerprints taken by an authorized law enforcement agency
19 or an employee of the school or district who is trained to
20 take fingerprints. These fingerprints shall be submitted to
21 the Department of Law Enforcement for state processing and to
22 the Federal Bureau of Investigation for federal processing.
23 The new employees shall be on probationary status pending
24 fingerprint processing and determination of compliance with
25 standards of good moral character. Employees or contractors
26 found through fingerprint processing to have been convicted of
27 a crime involving moral turpitude may shall not be employed or
28 engaged to provide services in any position requiring direct
29 contact with students. Probationary employees or contractors
30 terminated because of their criminal record shall have the
31 right to appeal such decisions. The cost of the background
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1 screening fingerprint processing may be borne by the district
2 school board, the charter school, or the employee, or the
3 contractor.
4 (b) Personnel whose fingerprints are not retained by
5 the Department of Law Enforcement under paragraphs (c) and (d)
6 are required to be refingerprinted and must meet level 2
7 screening requirements as described in s. 435.04, upon
8 reemployment or reengagement to provide services, in order to
9 comply with the requirements of this subsection.
10 (b) Personnel who have been fingerprinted or screened
11 pursuant to this subsection and who have not been unemployed
12 for more than 90 days shall not be required to be
13 refingerprinted or rescreened in order to comply with the
14 requirements of this subsection.
15 (c) Beginning July 1, 2004, all fingerprints submitted
16 to the Department of Law Enforcement as required by paragraph
17 (a), shall be retained by the Department of Law Enforcement in
18 a manner provided by rule and entered in the statewide
19 automated fingerprint identification system authorized by s.
20 943.05(2)(b). Such fingerprints shall thereafter be available
21 for all purposes and uses authorized for arrest fingerprint
22 cards entered in the statewide automated fingerprint
23 identification system pursuant to s. 943.051.
24 (d) Beginning December 15, 2004, the Department of Law
25 Enforcement shall search all arrest fingerprint cards received
26 under s. 943.051 against the fingerprints retained in the
27 statewide automated fingerprint identification system under
28 paragraph(c). Any arrest record that is identified with the
29 retained employee or contractual personnel fingerprints will
30 be reported to the employing or contracting school district.
31 Each school district is required to participate in this search
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1 process by payment of an annual fee to the Department of Law
2 Enforcement and by informing the Department of Law Enforcement
3 of any change in the employment or contractual status or place
4 of employment or contracting of its instructional and
5 noninstructional personnel whose fingerprints are retained
6 under paragraph (c). The Department of Law Enforcement shall
7 adopt a rule setting the amount of the annual fee to be
8 imposed upon each school district for performing these
9 searches, and establishing the procedures for the retention of
10 employee or contractual personnel fingerprints and the
11 dissemination of search results. The fee may be borne by the
12 district school board or by the employee or contracted person.
13 Section 3. Paragraph (d) of subsection (2) of section
14 1012.56, Florida Statutes, is amended, present subsections
15 (9), (10), (11), (12), (13), (14), and (15) of that section
16 are redesignated as subsections (10), (11), (12), (13), (14),
17 (15), and (16), respectively, and a new subsection (9) is
18 added to that section, to read:
19 1012.56 Educator certification requirements.--
20 (2) ELIGIBILITY CRITERIA.--To be eligible to seek
21 certification pursuant to this chapter, a person must:
22 (d) Submit to background screening in accordance with
23 subsection (9) a fingerprint check from the Department of Law
24 Enforcement and the Federal Bureau of Investigation pursuant
25 to s. 1012.32. If the background screening indicates
26 fingerprint reports indicate a criminal history or if the
27 applicant acknowledges a criminal history, the applicant's
28 records shall be referred to the Bureau of Educator Standards
29 for review and determination of eligibility for certification.
30 If the applicant fails to provide the necessary documentation
31 requested by the Bureau of Educator Standards within 90 days
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1 after the date of the receipt of the certified mail request,
2 the statement of eligibility and pending application shall
3 become invalid.
4 (9) BACKGROUND SCREENING REQUIRED, INITIALLY AND
5 PERIODICALLY.--
6 (a) Each person who seeks certification under this
7 chapter must meet level 2 screening requirements as described
8 in s. 435.04 unless a level 2 screening has been conducted by
9 a district school board within 12 months before the date the
10 person initially obtains certification under this chapter, the
11 results of which are submitted to the department by the
12 district school board.
13 (b) A person may not receive a certificate under this
14 chapter until the level 2 screening has been completed and the
15 results have been submitted to the district school
16 superintendent of the school district that employs him or her.
17 Every 5 years after obtaining initial certification, each
18 person who is required to be certified under this chapter must
19 meet level 2 screening requirements as described in s. 435.04,
20 at which time the school district shall request the Department
21 of Law Enforcement to forward the fingerprints to the Federal
22 Bureau of Investigation for the level 2 screening. If, for any
23 reason after obtaining initial certification, the fingerprints
24 of a person who is required to be certified under this chapter
25 are not retained by the Department of Law Enforcement under s.
26 1012.32(2)(c) and (d), the person must file a complete set of
27 fingerprints with the district school superintendent of the
28 school district that employs him or her. Upon submission of
29 fingerprints for this purpose, the school district shall
30 request the Department of Law Enforcement to forward the
31 fingerprints to the Federal Bureau of Investigation for the
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1 level 2 screening, and the fingerprints shall be retained by
2 the Department of Law Enforcement under s. 1012.32(2)(c) and
3 (d). The cost of the state and federal criminal history check
4 required by level 2 screening may be borne by the district
5 school board or the employee. Under penalty of perjury, each
6 person who is certified under this chapter must agree to
7 inform his or her employer immediately if convicted of any
8 disqualifying offense while he or she is employed in a
9 position for which such certification is required.
10 (c) If it is found under s. 1012.796 that a person who
11 is employed in a position requiring certification under this
12 chapter does not meet the level 2 requirements, the person's
13 certification shall be immediately revoked or suspended, and
14 he or she shall be immediately suspended from the position
15 requiring certification.
16 Section 4. Section 1012.57, Florida Statutes, is
17 amended to read:
18 1012.57 Certification of adjunct educators.--
19 (1) Notwithstanding the provisions of ss. 1012.32,
20 1012.55, and 1012.56, or any other provision of law or rule to
21 the contrary, district school boards may issue an adjunct
22 teaching certificate to any applicant who fulfills the
23 requirements of s. 1012.56(2)(a)-(f) and (9) and who has
24 expertise in the subject area to be taught. An applicant shall
25 be considered to have expertise in the subject area to be
26 taught if the applicant has at least a minor in the subject
27 area or demonstrates sufficient subject area mastery as
28 determined by district school board policy. The adjunct
29 teaching certificate shall be used for part-time teaching
30 positions. The intent of this provision is to allow school
31 districts to tap the wealth of talent and expertise
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1 represented in Florida's citizens who may wish to teach
2 part-time in a Florida public school by permitting school
3 districts to issue adjunct certificates. Adjunct
4 certificateholders should be used as a strategy to reduce the
5 teacher shortage; thus, adjunct certificateholders should
6 supplement a school's instructional staff, not supplant it.
7 Each school principal shall assign an experienced peer mentor
8 to assist the adjunct teaching certificateholder during the
9 certificateholder's first year of teaching, and an adjunct
10 certificateholder may participate in a district's new teacher
11 training program. District school boards shall provide the
12 adjunct teaching certificateholder an orientation in classroom
13 management prior to assigning the certificateholder to a
14 school. Each adjunct teaching certificate is valid for 5
15 school years and is renewable if:
16 (a) The applicant completes a minimum of 60 inservice
17 points or 3 semester hours of college credit. The earned
18 credits must include instruction in classroom management,
19 district school board procedures, school culture, and other
20 activities that enhance the professional teaching skills of
21 the certificateholder.
22 (b) The applicant has received satisfactory
23 performance evaluations during each year of teaching under
24 adjunct teaching certification.
25 (2) Individuals who are certified and employed under
26 pursuant to this section shall have the same rights and
27 protection of laws as teachers certified under pursuant to s.
28 1012.56.
29 Section 5. Section 1012.465, Florida Statutes, is
30 created to read:
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1 1012.465 Background screening requirements for certain
2 noninstructional school district employees and contractors.--
3 (1) Noninstructional school district employees or
4 contractual personnel who have direct contact with minors or
5 access to or control of school funds must meet level 2
6 screening requirements as described in s. 435.04.
7 (2) Every 5 years following employment or entry into a
8 contract in a capacity described in subsection (1), each
9 person who is so employed or under contract with the district
10 must meet level 2 screening requirements as described in s.
11 435.04, at which time the school district shall request the
12 Department of Law Enforcement to forward the fingerprints to
13 the Federal Bureau of Investigation for the level 2 screening.
14 If, for any reason following employment or entry into a
15 contract in a capacity described in subsection (1), the
16 fingerprints of a person who is so employed or under contract
17 with the district are not retained by the Department of Law
18 Enforcement under s. 1012.32(2)(c) and (d), the person must
19 file a complete set of fingerprints with the district school
20 superintendent of the school district that employs or
21 contracts with him or her. Upon submission of fingerprints for
22 this purpose, the school district shall request the Department
23 of Law Enforcement to forward the fingerprints to the Federal
24 Bureau of Investigation for the level 2 screening, and the
25 fingerprints shall be retained by the Department of Law
26 Enforcement under s. 1012.32(2)(c) and (d). The cost of the
27 state and federal criminal history check required by level 2
28 screening may be borne by the district school board or by the
29 employee or contractor. Under penalty of perjury, each person
30 who is employed or under contract in a capacity described in
31 subsection (1) must agree to inform his or her employer or the
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1 party with whom he or she is under contract immediately if
2 convicted of any disqualifying offense while he or she is
3 employed or under contract in that capacity.
4 (3) If it is found that a person who is employed or
5 under contract in a capacity described in subsection (1) does
6 not meet the level 2 requirements, the person shall be
7 immediately suspended from working in that capacity and shall
8 remain suspended until final resolution of any appeals.
9 Section 6. This act shall take effect July 1, 2004.
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11 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
12 CS/SB 154
13
14 - Authorizes FDLE to compare incoming arrest fingerprints
against retained fingerprints and to notify the
15 appropriate school district immediately if an employee or
contractor is arrested.
16
- Requires any employee or contractor who is subject to
17 mandatory screening of state and national records for
employment, contract status, or certification, whose
18 fingerprints are not retained by FDLE for any reason, to
be re-fingerprinted for retention and to satisfy Level 2
19 screening requirements at the time they come up for
re-employment or re-screening.
20
- Authorizes FDLE to use retained fingerprints for all
21 authorized criminal justice purposes.
22 - Requires FDLE to adopt a rule setting the amount of the
annual fee to be imposed on each school district for
23 performing the criminal background searches and
establishing procedures for the retention of fingerprints
24 and the dissemination of search results.
25 - Provides that the annual fee will be paid by the district
school board or by the employee or contracted person.
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