HB 0051

1
A bill to be entitled
2An act relating to public school personnel; amending ss.
31012.32, 1012.465, and 1012.56, F.S.; requiring background
4screening of school volunteers; providing that the cost of
5background screening of school volunteers and teacher
6mentors shall be borne by district school boards from
7funds appropriated by the Legislature; providing an
8effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Subsection (2) of section 1012.32, Florida
13Statutes, is amended to read:
14     1012.32  Qualifications of personnel.--
15     (2)(a)  Instructional and noninstructional personnel who
16are hired or contracted, or appointed as school volunteers, to
17fill positions requiring direct contact with students in any
18district school system or university lab school shall, upon
19employment, or engagement to provide services, or appointment,
20undergo background screening as required under s. 1012.465 or s.
211012.56, whichever is applicable.
22     (b)  Instructional and noninstructional personnel who are
23hired or contracted, or appointed as school volunteers, to fill
24positions in any charter school and members of the governing
25board of any charter school, in compliance with s.
261002.33(12)(g), shall, upon employment, engagement of services,
27or appointment, undergo background screening as required under
28s. 1012.465 or s. 1012.56, whichever is applicable, by filing
29with the district school board for the school district in which
30the charter school is located a complete set of fingerprints
31taken by an authorized law enforcement agency or an employee of
32the school or school district who is trained to take
33fingerprints.
34     (c)  Instructional and noninstructional personnel who are
35hired or contracted, or appointed as school volunteers, to fill
36positions requiring direct contact with students in an
37alternative school that operates under contract with a district
38school system shall, upon employment, or engagement to provide
39services, or appointment, undergo background screening as
40required under s. 1012.465 or s. 1012.56, whichever is
41applicable, by filing with the district school board for the
42school district to which the alternative school is under
43contract a complete set of fingerprints taken by an authorized
44law enforcement agency or an employee of the school or school
45district who is trained to take fingerprints.
46     (d)  Student teachers, persons participating in a field
47experience pursuant to s. 1004.04(6) or s. 1004.85, and persons
48participating in a short-term experience as a teacher assistant
49pursuant to s. 1004.04(10) in any district school system, lab
50school, or charter school shall, upon engagement to provide
51services, undergo background screening as required under s.
521012.56.
53
54Fingerprints shall be submitted to the Department of Law
55Enforcement for state processing and to the Federal Bureau of
56Investigation for federal processing. Persons subject to this
57subsection found through fingerprint processing to have been
58convicted of a crime involving moral turpitude shall not be
59employed, engaged to provide services, appointed, or serve in
60any position requiring direct contact with students.
61Probationary persons subject to this subsection terminated
62because of their criminal record have the right to appeal such
63decisions. The cost of the background screening may be borne by
64the district school board, the charter school, the employee, the
65contractor, or a person subject to this subsection except that,
66in the case of a school volunteer or a teacher mentor, the cost
67shall be borne by the district school board from funds
68appropriated by the Legislature for such purpose.
69     Section 2.  Section 1012.465, Florida Statutes, is amended
70to read:
71     1012.465  Background screening requirements for certain
72noninstructional school district employees, and contractors, and
73school volunteers.--
74     (1)  Noninstructional school district employees, or
75contractual personnel, and school volunteers who have direct
76contact with students or have access to or control of school
77funds must meet level 2 screening requirements as described in
78s. 1012.32.
79     (2)  Every 5 years following employment, or entry into a
80contract, or appointment as a school volunteer in a capacity
81described in subsection (1), each person who is so employed or
82under contract with, or appointed by, the school district must
83meet level 2 screening requirements as described in s. 1012.32,
84at which time the school district shall request the Department
85of Law Enforcement to forward the fingerprints to the Federal
86Bureau of Investigation for the level 2 screening. If, for any
87reason following employment, or entry into a contract, or
88appointment in a capacity described in subsection (1), the
89fingerprints of a person who is so employed or under contract
90with, or appointed by, the school district are not retained by
91the Department of Law Enforcement under s. 1012.32(3)(a) and
92(b), the person must file a complete set of fingerprints with
93the district school superintendent of the employing, or
94contracting, or appointing school district. Upon submission of
95fingerprints for this purpose, the school district shall request
96the Department of Law Enforcement to forward the fingerprints to
97the Federal Bureau of Investigation for the level 2 screening,
98and the fingerprints shall be retained by the Department of Law
99Enforcement under s. 1012.32(3)(a) and (b). The cost of the
100state and federal criminal history check required by level 2
101screening may be borne by the district school board, the
102contractor, or the person fingerprinted except that, in the case
103of a school volunteer, the cost shall be borne by the district
104school board from funds appropriated by the Legislature for such
105purpose. Under penalty of perjury, each person who is employed,
106or under contract, or appointed in a capacity described in
107subsection (1) must agree to inform his or her employer, or the
108party with whom he or she is under contract, or the party by
109whom he or she was appointed within 48 hours if convicted of any
110disqualifying offense while he or she is employed, or under
111contract, or appointed in that capacity.
112     (3)  If it is found that a person who is employed, or under
113contract, or appointed in a capacity described in subsection (1)
114does not meet the level 2 requirements, the person shall be
115immediately suspended from working in that capacity and shall
116remain suspended until final resolution of any appeals.
117     Section 3.  Paragraph (b) of subsection (9) of section
1181012.56, Florida Statutes, is amended to read:
119     1012.56  Educator certification requirements.--
120     (9)  BACKGROUND SCREENING REQUIRED, INITIALLY AND
121PERIODICALLY.--
122     (b)  A person may not receive a certificate under this
123chapter until the level 2 screening has been completed and the
124results have been submitted to the Department of Education or to
125the district school superintendent of the school district that
126employs the person. Every 5 years after obtaining initial
127certification, each person who is required to be certified under
128this chapter must meet level 2 screening requirements as
129described in s. 1012.32, at which time the school district shall
130request the Department of Law Enforcement to forward the
131fingerprints to the Federal Bureau of Investigation for the
132level 2 screening. If, for any reason after obtaining initial
133certification, the fingerprints of a person who is required to
134be certified under this chapter are not retained by the
135Department of Law Enforcement under s. 1012.32(3)(a) and (b),
136the person must file a complete set of fingerprints with the
137district school superintendent of the employing school district.
138Upon submission of fingerprints for this purpose, the school
139district shall request the Department of Law Enforcement to
140forward the fingerprints to the Federal Bureau of Investigation
141for the level 2 screening, and the fingerprints shall be
142retained by the Department of Law Enforcement under s.
1431012.32(3)(a) and (b). The cost of the state and federal
144criminal history check required by level 2 screening may be
145borne by the district school board or the employee except that,
146in the case of a teacher mentor, the cost shall be borne by the
147district school board from funds appropriated by the Legislature
148for such purpose. Under penalty of perjury, each person who is
149certified under this chapter must agree to inform his or her
150employer within 48 hours if convicted of any disqualifying
151offense while he or she is employed in a position for which such
152certification is required.
153     Section 4.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.