| 1 | A bill to be entitled |
| 2 | An act relating to public school personnel; amending ss. |
| 3 | 1012.32, 1012.465, and 1012.56, F.S.; requiring background |
| 4 | screening of school volunteers; providing that the cost of |
| 5 | background screening of school volunteers and teacher |
| 6 | mentors shall be borne by district school boards from |
| 7 | funds appropriated by the Legislature; providing an |
| 8 | effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Subsection (2) of section 1012.32, Florida |
| 13 | Statutes, is amended to read: |
| 14 | 1012.32 Qualifications of personnel.-- |
| 15 | (2)(a) Instructional and noninstructional personnel who |
| 16 | are hired or contracted, or appointed as school volunteers, to |
| 17 | fill positions requiring direct contact with students in any |
| 18 | district school system or university lab school shall, upon |
| 19 | employment, or engagement to provide services, or appointment, |
| 20 | undergo background screening as required under s. 1012.465 or s. |
| 21 | 1012.56, whichever is applicable. |
| 22 | (b) Instructional and noninstructional personnel who are |
| 23 | hired or contracted, or appointed as school volunteers, to fill |
| 24 | positions in any charter school and members of the governing |
| 25 | board of any charter school, in compliance with s. |
| 26 | 1002.33(12)(g), shall, upon employment, engagement of services, |
| 27 | or appointment, undergo background screening as required under |
| 28 | s. 1012.465 or s. 1012.56, whichever is applicable, by filing |
| 29 | with the district school board for the school district in which |
| 30 | the charter school is located a complete set of fingerprints |
| 31 | taken by an authorized law enforcement agency or an employee of |
| 32 | the school or school district who is trained to take |
| 33 | fingerprints. |
| 34 | (c) Instructional and noninstructional personnel who are |
| 35 | hired or contracted, or appointed as school volunteers, to fill |
| 36 | positions requiring direct contact with students in an |
| 37 | alternative school that operates under contract with a district |
| 38 | school system shall, upon employment, or engagement to provide |
| 39 | services, or appointment, undergo background screening as |
| 40 | required under s. 1012.465 or s. 1012.56, whichever is |
| 41 | applicable, by filing with the district school board for the |
| 42 | school district to which the alternative school is under |
| 43 | contract a complete set of fingerprints taken by an authorized |
| 44 | law enforcement agency or an employee of the school or school |
| 45 | district who is trained to take fingerprints. |
| 46 | (d) Student teachers, persons participating in a field |
| 47 | experience pursuant to s. 1004.04(6) or s. 1004.85, and persons |
| 48 | participating in a short-term experience as a teacher assistant |
| 49 | pursuant to s. 1004.04(10) in any district school system, lab |
| 50 | school, or charter school shall, upon engagement to provide |
| 51 | services, undergo background screening as required under s. |
| 52 | 1012.56. |
| 53 |
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| 54 | Fingerprints shall be submitted to the Department of Law |
| 55 | Enforcement for state processing and to the Federal Bureau of |
| 56 | Investigation for federal processing. Persons subject to this |
| 57 | subsection found through fingerprint processing to have been |
| 58 | convicted of a crime involving moral turpitude shall not be |
| 59 | employed, engaged to provide services, appointed, or serve in |
| 60 | any position requiring direct contact with students. |
| 61 | Probationary persons subject to this subsection terminated |
| 62 | because of their criminal record have the right to appeal such |
| 63 | decisions. The cost of the background screening may be borne by |
| 64 | the district school board, the charter school, the employee, the |
| 65 | contractor, or a person subject to this subsection except that, |
| 66 | in the case of a school volunteer or a teacher mentor, the cost |
| 67 | shall be borne by the district school board from funds |
| 68 | appropriated by the Legislature for such purpose. |
| 69 | Section 2. Section 1012.465, Florida Statutes, is amended |
| 70 | to read: |
| 71 | 1012.465 Background screening requirements for certain |
| 72 | noninstructional school district employees, and contractors, and |
| 73 | school volunteers.-- |
| 74 | (1) Noninstructional school district employees, or |
| 75 | contractual personnel, and school volunteers who have direct |
| 76 | contact with students or have access to or control of school |
| 77 | funds must meet level 2 screening requirements as described in |
| 78 | s. 1012.32. |
| 79 | (2) Every 5 years following employment, or entry into a |
| 80 | contract, or appointment as a school volunteer in a capacity |
| 81 | described in subsection (1), each person who is so employed or |
| 82 | under contract with, or appointed by, the school district must |
| 83 | meet level 2 screening requirements as described in s. 1012.32, |
| 84 | at which time the school district shall request the Department |
| 85 | of Law Enforcement to forward the fingerprints to the Federal |
| 86 | Bureau of Investigation for the level 2 screening. If, for any |
| 87 | reason following employment, or entry into a contract, or |
| 88 | appointment in a capacity described in subsection (1), the |
| 89 | fingerprints of a person who is so employed or under contract |
| 90 | with, or appointed by, the school district are not retained by |
| 91 | the Department of Law Enforcement under s. 1012.32(3)(a) and |
| 92 | (b), the person must file a complete set of fingerprints with |
| 93 | the district school superintendent of the employing, or |
| 94 | contracting, or appointing school district. Upon submission of |
| 95 | fingerprints for this purpose, the school district shall request |
| 96 | the Department of Law Enforcement to forward the fingerprints to |
| 97 | the Federal Bureau of Investigation for the level 2 screening, |
| 98 | and the fingerprints shall be retained by the Department of Law |
| 99 | Enforcement under s. 1012.32(3)(a) and (b). The cost of the |
| 100 | state and federal criminal history check required by level 2 |
| 101 | screening may be borne by the district school board, the |
| 102 | contractor, or the person fingerprinted except that, in the case |
| 103 | of a school volunteer, the cost shall be borne by the district |
| 104 | school board from funds appropriated by the Legislature for such |
| 105 | purpose. Under penalty of perjury, each person who is employed, |
| 106 | or under contract, or appointed in a capacity described in |
| 107 | subsection (1) must agree to inform his or her employer, or the |
| 108 | party with whom he or she is under contract, or the party by |
| 109 | whom he or she was appointed within 48 hours if convicted of any |
| 110 | disqualifying offense while he or she is employed, or under |
| 111 | contract, or appointed in that capacity. |
| 112 | (3) If it is found that a person who is employed, or under |
| 113 | contract, or appointed in a capacity described in subsection (1) |
| 114 | does not meet the level 2 requirements, the person shall be |
| 115 | immediately suspended from working in that capacity and shall |
| 116 | remain suspended until final resolution of any appeals. |
| 117 | Section 3. Paragraph (b) of subsection (9) of section |
| 118 | 1012.56, Florida Statutes, is amended to read: |
| 119 | 1012.56 Educator certification requirements.-- |
| 120 | (9) BACKGROUND SCREENING REQUIRED, INITIALLY AND |
| 121 | PERIODICALLY.-- |
| 122 | (b) A person may not receive a certificate under this |
| 123 | chapter until the level 2 screening has been completed and the |
| 124 | results have been submitted to the Department of Education or to |
| 125 | the district school superintendent of the school district that |
| 126 | employs the person. Every 5 years after obtaining initial |
| 127 | certification, each person who is required to be certified under |
| 128 | this chapter must meet level 2 screening requirements as |
| 129 | described in s. 1012.32, at which time the school district shall |
| 130 | request the Department of Law Enforcement to forward the |
| 131 | fingerprints to the Federal Bureau of Investigation for the |
| 132 | level 2 screening. If, for any reason after obtaining initial |
| 133 | certification, the fingerprints of a person who is required to |
| 134 | be certified under this chapter are not retained by the |
| 135 | Department of Law Enforcement under s. 1012.32(3)(a) and (b), |
| 136 | the person must file a complete set of fingerprints with the |
| 137 | district school superintendent of the employing school district. |
| 138 | Upon submission of fingerprints for this purpose, the school |
| 139 | district shall request the Department of Law Enforcement to |
| 140 | forward the fingerprints to the Federal Bureau of Investigation |
| 141 | for the level 2 screening, and the fingerprints shall be |
| 142 | retained by the Department of Law Enforcement under s. |
| 143 | 1012.32(3)(a) and (b). The cost of the state and federal |
| 144 | criminal history check required by level 2 screening may be |
| 145 | borne by the district school board or the employee except that, |
| 146 | in the case of a teacher mentor, the cost shall be borne by the |
| 147 | district school board from funds appropriated by the Legislature |
| 148 | for such purpose. Under penalty of perjury, each person who is |
| 149 | certified under this chapter must agree to inform his or her |
| 150 | employer within 48 hours if convicted of any disqualifying |
| 151 | offense while he or she is employed in a position for which such |
| 152 | certification is required. |
| 153 | Section 4. This act shall take effect July 1, 2005. |