Section 168.036

Title XI EDUCATION AND LIBRARIES

Chapter 168

Effective - 30 Jun 2022, see footnote   

  168.036.  Substitute teacher certificates, issuance of — requirements — retired teachers employed as substitutes, no loss of retirement, when — employment as a substitute teacher — orientation — background checks — rules. — 1.  In addition to granting certificates of license to teach in public schools of the state under section 168.021, the state board of education shall grant substitute teacher certificates as provided in this section to any individual seeking to substitute teach in any public school in this state.

  2.  (1)  The state board shall not grant a certificate of license to teach under this section to any individual who has not completed a background check as required under section 168.021.

  (2)  The state board may refuse to issue or renew, suspend, or revoke any certificate sought or issued under this section in the same manner and for the same reasons as under section 168.071.

  3.  The state board may grant a certificate under this section to any individual who has completed:

  (1)  At least thirty-six semester hours at an accredited institution of higher education; or

  (2)  The twenty-hour online training program required in this section and who possesses a high school diploma or the equivalent thereof.

  4.  The department of elementary and secondary education shall develop and maintain an online training program for individuals, which shall consist of twenty hours of training related to subjects appropriate for substitute teachers as determined by the department.

  5.  The state board may grant a certificate under this section to any highly qualified individual with expertise in a technical or business field or with experience in the Armed Forces of the United States who has completed the background check required in this section but does not meet any of the qualifications under subdivision (1) or (2) of subsection 3 of this section if the superintendent of the school district in which the individual seeks to substitute teach sponsors such individual and the school board of the school district in which the individual seeks to substitute teach votes to approve such individual to substitute teach.

  6.  (1)  Notwithstanding any other provisions to contrary, beginning on June 30, 2022, and ending on June 30, 2025, any person who is retired and currently receiving a retirement allowance under sections 169.010 to 169.141 or sections 169.600 to 169.715, other than for disability, may be employed to substitute teach on a part-time or temporary substitute basis by an employer included in the retirement system without a discontinuance of the person's retirement allowance.  Such a person shall not contribute to the retirement system, or to the public school retirement system established by sections 169.010 to 169.141 or to the public education employee retirement system established by sections 169.600 to 169.715, because of earnings during such period of employment.

  (2)  In addition to the conditions set forth in subdivision 1 of this subsection, any person retired and currently receiving a retirement allowance under sections 169.010 to 169.141, other than for disability, who is employed by a third party or is performing work as an independent contractor may be employed to substitute teach on a part-time or temporary substitute basis, if such person is performing work for an employer included in the retirement system without a discontinuance of the person's retirement allowance.

  (3)  If a person is employed pursuant to this subsection on a regular, full-time basis the person shall not be entitled to receive the person's retirement allowance for any month during which the person is so employed.  The retirement system may require the employer, the third-party employer, the independent contractor, and the retiree subject to this subsection to provide documentation showing compliance with this subsection.  If such documentation is not provided, the retirement system may deem the retiree to have exceeded the limitations provided in this subsection.

  7.  A certificate granted under this section shall be valid for four years.  A certificate granted under this section shall expire at the end of any calendar year in which the individual fails to substitute teach for at least five days or forty hours of in-seat instruction.

  8.  (1)  An individual to whom the state board grants a certificate under this section may be a substitute teacher in a public school in the state if the school district agrees to employ the individual as a substitute teacher and such individual has completed a background check as required in subsection 10 of this section.

  (2)  No individual to whom the state board grants a certificate under this section and who is under twenty years of age shall be a substitute teacher in grades nine to twelve.

  9.  Each school district may develop an orientation for individuals to whom the state board grants a certificate under this section for such individuals employed by the school district and may require such individuals to complete such orientation.  Such orientation shall contain at least two hours of subjects appropriate for substitute teachers and shall contain instruction on the school district's best practices for classroom management.

  10.  Beginning January 1, 2023, any substitute teacher may, at the time such substitute teacher submits the fingerprints and information required for the background check required under section 168.021, designate up to five school districts to which such substitute teacher has submitted an application for substitute teaching to receive the results of the substitute teacher's criminal history background check and fingerprint collection.  The total amount of any fees for disseminating such results to up to five school districts under this subsection shall not exceed fifty dollars.

  11.  The state board may exercise the board's authority under chapter 161 to promulgate all necessary rules and regulations necessary for the administration of this section.

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(L. 2022 S.B. 681 & 662)

Effective 6-30-22