1 | 1 | | |
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2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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3 | 3 | | and is intended to be omitted in the law. |
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4 | 4 | | FIRST REGULAR SESSION |
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5 | 5 | | SENATE BILL NO. 705 |
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6 | 6 | | 103RD GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR LEWIS. |
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8 | 8 | | 2884S.01I KRISTINA MARTIN, Secretary |
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9 | 9 | | AN ACT |
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10 | 10 | | To repeal section 168.036, RSMo, and to enact in lieu thereof one new section relating to retired |
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11 | 11 | | substitute teachers, with an emergency clause. |
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12 | 12 | | |
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13 | 13 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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14 | 14 | | Section A. Section 168.036, RSMo, is repealed and one new 1 |
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15 | 15 | | section enacted in lieu thereof, to be known as section 168.036, 2 |
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16 | 16 | | to read as follows:3 |
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17 | 17 | | 168.036. 1. In addition to granting certificates of 1 |
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18 | 18 | | license to teach in public schools of the state under 2 |
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19 | 19 | | section 168.021, the state board of education shall grant 3 |
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20 | 20 | | substitute teacher certificates as provided in this section 4 |
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21 | 21 | | to any individual seeking t o substitute teach in any public 5 |
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22 | 22 | | school in this state. 6 |
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23 | 23 | | 2. (1) The state board shall not grant a certificate 7 |
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24 | 24 | | of license to teach under this section to any individual who 8 |
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25 | 25 | | has not completed a background check as required under 9 |
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26 | 26 | | section 168.021. 10 |
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27 | 27 | | (2) The state board may refuse to issue or renew, 11 |
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28 | 28 | | suspend, or revoke any certificate sought or issued under 12 |
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29 | 29 | | this section in the same manner and for the same reasons as 13 |
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30 | 30 | | under section 168.071. 14 |
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31 | 31 | | 3. The state board may grant a certificate under this 15 |
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32 | 32 | | section to any individual who has completed: 16 |
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33 | 33 | | (1) At least thirty-six semester hours at an 17 |
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34 | 34 | | accredited institution of higher education; or 18 SB 705 2 |
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35 | 35 | | (2) The twenty-hour online training program required 19 |
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36 | 36 | | in this section and who possesses a high school dip loma or 20 |
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37 | 37 | | the equivalent thereof. 21 |
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38 | 38 | | 4. The department of elementary and secondary 22 |
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39 | 39 | | education shall develop and maintain an online training 23 |
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40 | 40 | | program for individuals, which shall consist of twenty hours 24 |
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41 | 41 | | of training related to subjects appropriate for sub stitute 25 |
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42 | 42 | | teachers as determined by the department. 26 |
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43 | 43 | | 5. The state board may grant a certificate under this 27 |
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44 | 44 | | section to any highly qualified individual with expertise in 28 |
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45 | 45 | | a technical or business field or with experience in the 29 |
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46 | 46 | | Armed Forces of the Unite d States who has completed the 30 |
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47 | 47 | | background check required in this section but does not meet 31 |
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48 | 48 | | any of the qualifications under subdivision (1) or (2) of 32 |
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49 | 49 | | subsection 3 of this section if the superintendent of the 33 |
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50 | 50 | | school district in which the individual seeks to substitute 34 |
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51 | 51 | | teach sponsors such individual and the school board of the 35 |
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52 | 52 | | school district in which the individual seeks to substitute 36 |
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53 | 53 | | teach votes to approve such individual to substitute teach. 37 |
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54 | 54 | | 6. (1) Notwithstanding any other provisions to 38 |
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55 | 55 | | contrary, beginning on June 30, 2022, and ending on June 30, 39 |
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56 | 56 | | [2025] 2030, any person who is retired and currently 40 |
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57 | 57 | | receiving a retirement allowance under sections 169.010 to 41 |
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58 | 58 | | 169.141 or sections 169.600 to 169.715, other than for 42 |
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59 | 59 | | disability, may be employed to substitute teach on a part - 43 |
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60 | 60 | | time or temporary substitute basis by an employer included 44 |
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61 | 61 | | in the retirement system without a discontinuance of the 45 |
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62 | 62 | | person's retirement allowance. Such a person shall not 46 |
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63 | 63 | | contribute to the retirement system, or to the pub lic school 47 |
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64 | 64 | | retirement system established by sections 169.010 to 169.141 48 |
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65 | 65 | | or to the public education employee retirement system 49 SB 705 3 |
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66 | 66 | | established by sections 169.600 to 169.715, because of 50 |
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67 | 67 | | earnings during such period of employment. 51 |
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68 | 68 | | (2) In addition to the conditions set forth in 52 |
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69 | 69 | | subdivision 1 of this subsection, any person retired and 53 |
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70 | 70 | | currently receiving a retirement allowance under sections 54 |
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71 | 71 | | 169.010 to 169.141, other than for disability, who is 55 |
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72 | 72 | | employed by a third party or is performing work as an 56 |
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73 | 73 | | independent contractor may be employed to substitute teach 57 |
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74 | 74 | | on a part-time or temporary substitute basis, if such person 58 |
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75 | 75 | | is performing work for an employer included in the 59 |
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76 | 76 | | retirement system without a discontinuance of the person's 60 |
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77 | 77 | | retirement allowance. 61 |
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78 | 78 | | (3) If a person is employed pursuant to this 62 |
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79 | 79 | | subsection on a regular, full -time basis the person shall 63 |
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80 | 80 | | not be entitled to receive the person's retirement allowance 64 |
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81 | 81 | | for any month during which the person is so employed. The 65 |
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82 | 82 | | retirement system may requ ire the employer, the third -party 66 |
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83 | 83 | | employer, the independent contractor, and the retiree 67 |
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84 | 84 | | subject to this subsection to provide documentation showing 68 |
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85 | 85 | | compliance with this subsection. If such documentation is 69 |
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86 | 86 | | not provided, the retirement system may deem the retiree to 70 |
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87 | 87 | | have exceeded the limitations provided in this subsection. 71 |
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88 | 88 | | 7. A certificate granted under this section shall be 72 |
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89 | 89 | | valid for four years. A certificate granted under this 73 |
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90 | 90 | | section shall expire at the end of any calendar year in 74 |
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91 | 91 | | which the individual fails to substitute teach for at least 75 |
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92 | 92 | | five days or forty hours of in -seat instruction. 76 |
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93 | 93 | | 8. (1) An individual to whom the state board grants a 77 |
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94 | 94 | | certificate under this section may be a substitute teacher 78 |
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95 | 95 | | in a public school in the state if the school district 79 |
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96 | 96 | | agrees to employ the individual as a substitute teacher and 80 SB 705 4 |
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97 | 97 | | such individual has completed a background check as required 81 |
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98 | 98 | | in subsection 10 of this section. 82 |
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99 | 99 | | (2) No individual to whom the state board grants a 83 |
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100 | 100 | | certificate under this section and who is under twenty years 84 |
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101 | 101 | | of age shall be a substitute teacher in grades nine to 85 |
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102 | 102 | | twelve. 86 |
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103 | 103 | | 9. Each school district may develop an orientation for 87 |
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104 | 104 | | individuals to whom the state board grants a certificate 88 |
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105 | 105 | | under this section for suc h individuals employed by the 89 |
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106 | 106 | | school district and may require such individuals to complete 90 |
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107 | 107 | | such orientation. Such orientation shall contain at least 91 |
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108 | 108 | | two hours of subjects appropriate for substitute teachers 92 |
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109 | 109 | | and shall contain instruction on the school district's best 93 |
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110 | 110 | | practices for classroom management. 94 |
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111 | 111 | | 10. Beginning January 1, 2023, any substitute teacher 95 |
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112 | 112 | | may, at the time such substitute teacher submits the 96 |
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113 | 113 | | fingerprints and information required for the background 97 |
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114 | 114 | | check required under section 1 68.021, designate up to five 98 |
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115 | 115 | | school districts to which such substitute teacher has 99 |
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116 | 116 | | submitted an application for substitute teaching to receive 100 |
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117 | 117 | | the results of the substitute teacher's criminal history 101 |
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118 | 118 | | background check and fingerprint collection. The total 102 |
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119 | 119 | | amount of any fees for disseminating such results to up to 103 |
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120 | 120 | | five school districts under this subsection shall not exceed 104 |
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121 | 121 | | fifty dollars. 105 |
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122 | 122 | | 11. The state board may exercise the board's authority 106 |
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123 | 123 | | under chapter 161 to promulgate all necessary rules and 107 |
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124 | 124 | | regulations necessary for the administration of this section. 108 |
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125 | 125 | | Section B. Because immediate action is necessary to 1 |
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126 | 126 | | ensure the education of children in this state by continuing 2 |
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127 | 127 | | the employment of retired substitute teachers, section A of 3 |
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128 | 128 | | this act is deemed necessary for the immediate preservation 4 SB 705 5 |
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129 | 129 | | of the public health, welfare, peace, and safety, and is 5 |
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130 | 130 | | hereby declared to be an emergency act within the meaning of 6 |
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131 | 131 | | the constitution, and section A of this act shall be in full 7 |
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132 | 132 | | force and effect upon its passage and approval. 8 |
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133 | 133 | | |
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