Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-1 - FINANCE AND ADMINISTRATION › Section 6A-1.0502 - Non-certificated Instructional Personnel

Current through Reg. 50, No. 138; July 16, 2024
In each school district there are persons who possess expert
				  skill in or knowledge of a particular subject or talent but do not hold a
				  Florida teaching certificate. These persons constitute an invaluable community
				  resource for the education of the pupils in that district. Each school board or
				  charter school governing board shall adopt such policies as are necessary to
				  ensure that the principals and teachers of that district or charter school may
				  utilize in an appropriate instructional capacity the services of such expert
				  persons in the community. Such persons may serve as a non-paid volunteer or as
				  a paid member of the instructional staff to render instructional service in the
				  individual's field of specialty but shall not be required to hold a Florida
				  teaching certificate. The school board or charter school governing board
				  policies for non-certificated instructional personnel shall include, but are
				  not limited to, the following:
(1)
				Health and age. Health and age requirements shall be the same as those required
				for certificated instructional personnel.
(2) Employment procedures. Employment
				procedures shall be the same as those followed for certificated instructional
				personnel, except that non-certificated instructional personnel shall not be
				entitled to a contract as prescribed by subsection
				6A-1.064(1),
				F.A.C.
(3) Personnel records. The
				personnel records of the district or charter school shall contain information
				considered necessary by the school board or charter school governing board to
				establish the specialty of the individual, and a statement of the instructional
				duties assigned to and performed by such person.
(4) Salary. The official salary scheduled for
				instructional personnel shall include a salary schedule for full-time and
				part-time employed non-certificated instructional personnel.
(5) Assignment, suspension and dismissal.
				Procedures for the assignment, suspension, and dismissal of non-certificated
				instructional personnel shall be adopted and provided in writing to each such
				employee at the time of employment.
(6) Assessment of performance. Procedures for
				assessing the performance of duties and responsibilities by all
				non-certificated instructional personnel shall ensure that each such person
				adequately performs the duties assigned.
(7) Pupil welfare. Procedures for assuring
				that each non-certificated instructional person who at any time is expected to
				assume responsibility for the health, safety, and welfare of pupils possesses,
				in advance of assuming the responsibility, a clear understanding of state rules
				and district or charter school rules policies relevant to instructional
				responsibilities. When assigned duties require knowledge of rules, regulations,
				or policies of a special nature, the policies shall specify that the person
				occupying a specifically named position is responsible to ascertain that the
				person possesses, in advance of assuming the duties, the necessary knowledge to
				perform such duties in a proper and reasonable manner.
(8) Instructional practices and policies.
				Procedures for assuring that each non-certificated instructional person who at
				any time is expected to assume responsibility for promoting pupil learning
				possesses, in advance of assuming this responsibility, a clear understanding of
				all state instructional practices and policies and district or charter school
				instructional practices and policies relevant to instructional
				responsibilities.
(9) In lieu of
				the requirements herein, the school board or charter school governing board may
				adopt special policies for those part-time personnel who are employed to teach
				no more than one hundred sixty (160) clock hours during a fiscal
				year.
(10) Notwithstanding the
				provisions of subsections
				6A-1.0502(1) through
				(9), F.A.C., the school board or charter
				school governing board may employ non-certificated persons licensed by the
				State of Florida as occupational therapists or as physical therapists to render
				services to students in those areas covered by such license. The procedures for
				employment shall be the same as provided by law for certificated instructional
				personnel, and each person so employed shall be entitled to a written contract
				in the form prescribed pursuant to Rule
				6A-1.064, F.A.C. Provided,
				however, that a non-certificated person employed to render services as an
				occupational therapist or as a physical therapist may be assigned duties of an
				instructional nature that are not covered within the scope of the person's
				license as defined by law.
(11)
				Notwithstanding the provisions of subsections
				6A-1.0502(1) through
				(9), F.A.C., the school board or charter
				school governing board may employ persons certified as audiologists or speech
				pathologists under Chapter 468, Part I, F.S., to render services to students in
				those areas covered by such certificate of registration. The procedures for
				employment shall be the same as provided by law for certificated instructional
				personnel, and each person so employed shall be entitled to a written contract
				in the form prescribed pursuant to Rule
				6A-1.064, F.A.C. Provided,
				however, that a non-certificated person employed to render services as an
				audiologist or speech pathologist may not be assigned duties of an
				instructional nature that are not covered within the scope of the person's
				certificate of registration as defined by law.
(12) Notwithstanding the provisions of
				subsections 6A-1.0502(1) through
				(9), F.A.C., the school board or charter
				school governing board may employ persons licensed as clinical social workers
				under Chapter 491, F.S., to render services to students in those areas covered
				by such license. The procedures for employment shall be the same as provided by
				law for certificated instructional personnel, and each person so employed shall
				be entitled to a written contract in the form prescribed pursuant to Rule
				6A-1.064, F.A.C., provided,
				however, that a non-certificated person employed to render services as licensed
				clinical social worker may not be assigned duties of an instructional nature
				that are not covered within the scope of the person's license as defined by
				law.
(13) A non-certificated person
				employed pursuant to this section shall be accorded the same protection of the
				laws as that accorded the certificated teacher.
Rulemaking Authority
					 1002.33(12),
					 1012.32,
					 1012.55(1) FS.
					 Law Implemented 1002.33,
					 1012.32,
					 1012.55
					 FS.
New 7-20-73, Amended 4-19-74, Repromulgated 12-5-74,
					 Amended 6-9-81, 8-16-82, Formerly 6A-1.502, Amended 5-30-94, 5-25-04,
					 10-27-20.