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House Bill 0559

Florida House of Representatives - 1997 HB 559 By Representative Thrasher 1 A bill to be entitled 2 An act relating to school district personnel; 3 amending s. 231.29, F.S.; revising performance 4 assessments of school district instructional 5 staff; requiring notice of unsatisfactory 6 performance; requiring corrective action; 7 providing for hearings; specifying district 8 school board authority; requiring certain 9 evaluations; amending s. 231.36, F.S.; revising 10 contracts for school district instructional 11 staff; specifying a probationary period; 12 requiring performance assessments; providing 13 for dismissal; requiring a probationary period 14 for certain administrative staff; restricting 15 issuance of professional service contracts 16 after a date certain; applying new performance 17 assessment and appeal procedures upon renewal 18 of a professional service contract; amending s. 19 231.3605, F.S., relating to educational support 20 employees; limiting probationary status to 21 employees hired before a certain date; 22 providing that this act supersedes local laws; 23 providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Subsections (1), (2), (3), (4), and (5) of 28 section 231.29, Florida Statutes, are amended to read: 29 231.29 Assessment procedures and criteria.-- 30 (1) For the purpose of improving the quality of 31 instructional, administrative, and supervisory services in the 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 559 505-149-97 1 public schools of the state, the superintendent shall 2 establish procedures for assessing the performance of duties 3 and responsibilities of all instructional, administrative, and 4 supervisory personnel employed by the school in his or her 5 district. 6 (2) The following conditions must be considered in the 7 design of the district's instructional personnel assessment 8 system: 9 (a) The system must be designed to support district 10 and school level improvement plans. 11 (b) The system must provide appropriate instruments, 12 procedures, and criteria for continuous quality improvement of 13 the professional skills of instructional personnel beginning, 14 probationary, and nonprobationary stages of a teaching career. 15 (c) The system must include a mechanism to give 16 parents an opportunity to provide input into employee 17 performance assessments when appropriate. 18 (d)(c) In addition to addressing generic teaching 19 competencies, districts must determine those teaching fields 20 for which special procedures and criteria will be developed. 21 (e)(d) The school board shall provide training 22 programs that which are based upon guidelines provided by the 23 Department of Education to ensure that all individuals with 24 evaluation responsibilities understand the proper use of the 25 assessment criteria and procedures. Such training programs 26 may be provided under s. 231.087. 27 (3)(2) The assessment procedure for instructional 28 personnel shall comply with, but shall not be limited to, the 29 following requirements: 30 (a) An assessment relating to the criteria specified 31 in subsection (3) shall be conducted for each employee at 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 559 505-149-97 1 least once a year. The Such assessment shall be based upon 2 sound educational principles and contemporary research in 3 effective educational practices. The assessment must use data 4 and indicators of student performance and may consider results 5 of peer reviews in evaluating the employee's performance. The 6 assessment criteria must include, but are not limited to, 7 indicators that relate to the following: 8 1. Ability to maintain appropriate discipline; 9 2. Knowledge of subject matter. The district school 10 board shall make special provisions for evaluating teachers 11 who are assigned to teach out-of-field; 12 3. Ability to plan and deliver instruction; 13 4. Ability to evaluate instructional needs; 14 5. Ability to communicate with parents; and 15 6. Other professional competencies, responsibilities, 16 and requirements as established by rules of the State Board of 17 Education and policies of the district school board. 18 (b) All personnel shall be fully informed of the 19 criteria and procedures associated with the assessment process 20 before the assessment takes place. 21 (c) The individual responsible for supervising the 22 employee must assess the employee's performance. The evaluator 23 must submit a written report of the assessment to the 24 superintendent for the purpose of reviewing the employee's 25 contract. The evaluator must submit the A written report of 26 each assessment shall be made and a copy thereof shall be 27 given to the employee no later than 10 days after the 28 assessment takes place. The evaluator must discuss the 29 written report of assessment shall be discussed with the 30 employee by the person responsible for preparing the report. 31 The employee shall have the right to initiate a written 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 559 505-149-97 1 response to the assessment, and the response shall become a 2 permanent attachment to his or her personnel file. 3 (d) If In the event that an employee is not performing 4 his or her duties in a satisfactory manner, the evaluator 5 shall notify the employee in writing of such determination. 6 The notice must and describe such unsatisfactory performance 7 and include notice of the following procedural requirements: 8 1. Upon delivery of a notice of unsatisfactory 9 performance, the evaluator must confer with the employee, make 10 recommendations with respect to specific areas of 11 unsatisfactory performance, and provide assistance in helping 12 to correct deficiencies within a prescribed period of time. 13 2. The employee must be given 120 calendar days from 14 the receipt of the notice of unsatisfactory performance to 15 demonstrate corrective action. School holidays and school 16 vacation periods are not counted when tolling the 17 120-calendar-day period. During the 120 calendar days, the 18 employee must be evaluated periodically and apprised of 19 progress achieved and must be provided assistance and 20 inservice training opportunities to help correct the noted 21 performance deficiencies. At any time during the 120 calendar 22 days, the employee may request a transfer to another 23 appropriate position with a different supervising 24 administrator; however, a transfer does not extend the period 25 for correcting performance deficiencies. 26 3. Within 14 days after the close of the 120 calendar 27 days, the evaluator must assess whether the performance 28 deficiencies have been corrected and forward a recommendation 29 to the superintendent. Within 14 days after receiving the 30 evaluator's recommendation, the superintendent must notify the 31 employee in writing whether the performance deficiencies have 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 559 505-149-97 1 been satisfactorily corrected and whether the superintendent 2 will recommend that the school board continue or terminate his 3 or her employment contract for the subsequent school year. If 4 the employee wishes to contest the superintendent's 5 recommendation, the employee must, within 15 days after 6 receipt of the superintendent's recommendation, submit a 7 written request for a hearing before an administrative law 8 judge assigned by the Division of Administrative Hearings of 9 the Department of Management Services. The hearing must be 10 conducted within 45 days after receipt of the written appeal 11 and in accordance with chapter 120. A majority vote of the 12 membership of the school board is required to sustain or 13 change the recommended order of the administrative law judge. 14 The determination of the school board is final as to the 15 sufficiency or insufficiency of the grounds for termination of 16 employment. The evaluator shall thereafter confer with the 17 employee, make recommendations with respect to specific areas 18 of unsatisfactory performance, and provide assistance in 19 helping to correct such deficiencies within a reasonable, 20 prescribed period of time. 21 (3) A complete statement of the assessment criteria 22 shall include, but shall not be limited to, observable 23 indicators that relate to the following: 24 (a) Ability to use appropriate classroom management 25 techniques, including ability to maintain appropriate 26 discipline. 27 (b) Knowledge of subject matter. The district school 28 board shall make special provisions for evaluating teachers 29 who are assigned to teach out-of-field. 30 (c) Ability to plan and deliver instruction. 31 (d) Ability to evaluate instructional needs. 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 559 505-149-97 1 (e) Other professional competencies, responsibilities, 2 and requirements as determined by the local district. 3 (4) The individual responsible for the supervision of 4 the employee shall make the assessment of the employee and 5 forward such assessment to the superintendent for the purpose 6 of reviewing the employee's contract. 7 (4)(5) The superintendent shall notify the department 8 of any instructional personnel who receive two consecutive 9 unsatisfactory annual evaluations and who have been given 10 written notice by the district that their employment is being 11 terminated or is not being renewed or that the school board 12 intends to terminate, or not renew, their employment. The 13 department shall conduct an investigation to determine whether 14 action shall be taken against the certificateholder pursuant 15 to s. 231.28(1)(b). 16 (5) The superintendent shall develop a mechanism for 17 evaluating the effective use of assessment criteria and 18 evaluation procedures by individuals who are assigned 19 responsibility for evaluating the performance of instructional 20 personnel. 21 Section 2. Section 231.36, Florida Statutes, 1996 22 Supplement, is amended to read: 23 231.36 Contracts with instructional staff, 24 supervisors, and principals.-- 25 (1)(a) Each person employed as a member of the 26 instructional staff by in any district school system must 27 shall be properly certificated pursuant to s. 231.17 or 28 employed pursuant to chapter 231 s. 231.1725 and is shall be 29 entitled to and shall receive a written contract as specified 30 in chapter 230. 31 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 559 505-149-97 1 1. Each person employed as a member of the 2 instructional staff after June 30, 1997, shall receive a 3 contract that is subject to annual review and renewal at the 4 discretion of the school board. During the first 3 years of 5 employment, the employee shall receive an annual contract. The 6 first 97 days of an employee's initial contract is a 7 probationary period. During the probationary period, the 8 employee may be dismissed without cause or may resign from the 9 contracted position without breach of contract. After the 10 first 3 years of employment, the contract may be renewed at 11 the discretion of the school board for a period not to exceed 12 3 years. Each employee who holds a contract under this 13 subparagraph is subject to the performance assessments and 14 procedures set forth in s. 231.29. Each contract issued under 15 this subparagraph must provide for dismissal during the term 16 of the contract for just cause or for failure to correct 17 performance deficiencies under s. 231.29. 18 2. A professional service contract shall be issued as 19 provided in subsection (3). Each professional service contract 20 must provide for dismissal during the term of the contract 21 only for just cause. 22 3. A continuing contract shall be issued as provided 23 in subsection (4). All such contracts, except continuing 24 contracts as specified in subsection (4), shall contain 25 provisions for dismissal during the term of the contract only 26 for just cause. 27 28 Just cause includes, but is not limited to, misconduct in 29 office, incompetency, gross insubordination, willful neglect 30 of duty, or conviction of a crime involving moral turpitude. 31 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 559 505-149-97 1 (b) A supervisor or principal shall be properly 2 certified and shall receive a written contract as specified in 3 chapter 230. Such contract may be for an initial period not to 4 exceed 3 years, subject to annual review and renewal. The 5 first 97 days of an initial contract is a probationary period. 6 During the probationary period, the employee may be dismissed 7 without cause or may resign from the contracted position 8 without breach of contract. After the first 3 years, the 9 contract may be renewed for a period not to exceed 3 years and 10 shall contain provisions for dismissal during the term of the 11 contract only for just cause, in addition to such other 12 provisions as are prescribed by the school board. 13 (2) Any person so employed as a supervisor, principal, 14 or member of the instructional staff on the basis of a written 15 offer of a specific position by a duly authorized agent of the 16 school board for a stated term of service at a specified 17 salary, and who accepted such offer by telegram or letter or 18 by signing the regular contract form, who violates the terms 19 of such contract or agreement by leaving his or her position 20 after the probationary period without first being released 21 from his or her contract or agreement by the school board of 22 the district in which the person is employed shall be subject 23 to the jurisdiction of the Education Practices Commission. 24 The school board shall take official action on such violation 25 and shall furnish a copy of its official minutes to the 26 Commissioner of Education. 27 (3)(a) The school board of each district shall provide 28 a professional service contract as prescribed in this 29 subsection herein. Each member of the instructional staff who 30 completes the following requirements prior to July 1, 1984, 31 shall be entitled to and shall be issued a continuing contract 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 559 505-149-97 1 in the form prescribed by rules of the state board pursuant to 2 s. 231.36, Florida Statutes 1981. 3 (a) Each person who was employed as a member of the 4 district's instructional staff prior to July 1, 1997, and who 5 completes the following requirements on or after July 1, 1984, 6 and prior to July 1, 1997, shall be entitled to and shall be 7 issued a professional service contract in the form prescribed 8 by rules of the state board as provided in this subsection 9 herein: 10 1. The member must hold a professional certificate as 11 prescribed by s. 231.17 and rules of the State Board of 12 Education; 13 2. The member must have completed 3 years of 14 probationary service in the district, 1 year of which must be 15 the professional orientation program where required, during a 16 period not in excess of 5 successive years, except for leave 17 duly authorized and granted; and 18 3. The member must have been recommended by the 19 superintendent for such contract and reappointed by the school 20 board based on successful performance of duties and 21 demonstration of professional competence. 22 (b) The professional service contract shall be 23 effective at the beginning of the school fiscal year following 24 the completion of all requirements therefor. 25 (c) The period of service provided herein may be 26 extended to 4 years when prescribed by the school board and 27 agreed to in writing by the employee at the time of 28 reappointment. 29 (d) A school board may issue a continuing contract 30 prior to July 1, 1984, and may issue a professional service 31 contract before July 1, 1997, and may issue a contract under 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 559 505-149-97 1 subparagraph (1)(a)1. on or after July 1, 1997 subsequent to 2 July 1, 1984, to any employee who has previously held a 3 professional service contract or continuing contract in the 4 same or another district within this state. Any employee who 5 holds a continuing contract or professional service contract 6 may, but is not required to, exchange such continuing contract 7 for a professional service contract under subparagraph 8 (1)(a)1. in the same district. 9 (e) A professional service contract shall be renewed 10 each year unless the superintendent, after receiving the 11 recommendations required by s. 231.29 s. 231.29(4), charges 12 the employee with unsatisfactory performance and notifies the 13 employee of performance deficiencies as required by s. 231.29. 14 An employee who holds a professional service contract on July 15 1, 1997, is subject to the procedures set forth in paragraph 16 (f) during the term of the existing professional service 17 contract. The employee is subject to the procedures set forth 18 in s. 231.29(3)(d) upon the next renewal of the professional 19 service contract; however, if the employee is notified of 20 performance deficiencies before the next contract renewal 21 date, the procedures of s. 231.29(3)(d) do not apply until the 22 procedures set forth in paragraph (f) have been exhausted and 23 the professional service contract is subsequently renewed. 24 (f) The superintendent shall notify an employee who 25 holds a professional service contract on July 1, 1997, as 26 determined under the provisions of s. 231.29 and notifies the 27 employee in writing, no later than 6 weeks prior to the end of 28 the postschool conference period, of performance deficiencies 29 which may result in termination of employment, if not 30 corrected during the subsequent year of employment (which 31 shall be granted for an additional year in accordance with the 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 559 505-149-97 1 provisions in subsection (1)). Except as otherwise hereinafter 2 provided, this action shall not be subject to the provisions 3 of chapter 120, but the following procedures shall apply: 4 1. On receiving notice of unsatisfactory performance, 5 the employee, on request, shall be accorded an opportunity to 6 meet with the superintendent or the superintendent's designee 7 for an informal review of the determination of unsatisfactory 8 performance. 9 2. An employee notified of unsatisfactory performance 10 may request an opportunity to be considered for a transfer to 11 another appropriate position, with a different supervising 12 administrator, for the subsequent year of employment. 13 3. During the subsequent year, the employee shall be 14 provided assistance and inservice training opportunities to 15 help correct the noted performance deficiencies. The employee 16 shall also be evaluated periodically so that he or she will be 17 kept apprised of progress achieved. 18 4. Not later than 6 weeks prior to the close of the 19 postschool conference period of the subsequent year, the 20 superintendent, after receiving and reviewing the 21 recommendation required by s. 231.29 s. 231.29(4), shall 22 notify the employee, in writing, whether the performance 23 deficiencies have been corrected. If so, a new professional 24 service contract shall be issued to the employee. If the 25 performance deficiencies have not been corrected, the 26 superintendent may notify the school board and the employee, 27 in writing, that the employee shall not be issued a new 28 professional service contract; however, if the recommendation 29 of the superintendent is not to issue a new professional 30 service contract, and if the employee wishes to contest such 31 recommendation, the employee will have 15 days from receipt of 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 559 505-149-97 1 the superintendent's recommendation to demand, in writing, a 2 hearing. In such hearing, the employee may raise as an issue, 3 among other things, the sufficiency of the superintendent's 4 charges of unsatisfactory performance. Such hearing shall be 5 conducted at the employee's election in accordance with one of 6 the following procedures: 7 a. A direct hearing conducted by the school board 8 within 45 days of receipt of the written appeal. The hearing 9 shall be conducted in accordance with the provisions of ss. 10 120.569 and 120.57. A majority vote of the membership of the 11 school board shall be required to sustain the superintendent's 12 recommendation. The determination of the school board shall 13 be final as to the sufficiency or insufficiency of the grounds 14 for termination of employment; or 15 b. A hearing conducted by an administrative law judge 16 assigned by the Division of Administrative Hearings of the 17 Department of Management Services. The hearing shall be 18 conducted within 45 days of receipt of the written appeal in 19 accordance with chapter 120. The recommendation of the 20 administrative law judge shall be made to the school board. A 21 majority vote of the membership of the school board shall be 22 required to sustain or change the administrative law judge's 23 recommendation. The determination of the school board shall 24 be final as to the sufficiency or insufficiency of the grounds 25 for termination of employment. 26 (g) An employee who has professional service contract 27 status before July 1, 1997, may retain the contract and all 28 rights arising therefrom, unless the employee voluntarily 29 relinquishes the professional service contract. 30 (4) Each member of the instructional staff who 31 completed the requirements of s. 231.36(3)(a), Florida 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 559 505-149-97 1 Statutes, 1984 Supplement, and applicable state board rules 2 before July 1, 1984, shall be issued a continuing contract. 3 (a) An employee who has continuing contract status 4 prior to July 1, 1984, shall be entitled to retain such 5 contract and all rights arising therefrom in accordance with 6 existing laws, rules of the State Board of Education, or any 7 laws repealed by this act, unless the employee voluntarily 8 relinquishes his or her continuing contract. 9 (b) Any member of the district administrative or 10 supervisory staff and any member of the instructional staff, 11 including any principal, who is under continuing contract may 12 be dismissed or may be returned to annual contract status for 13 another 3 years in the discretion of the school board, at the 14 end of the school year, when a recommendation to that effect 15 is submitted in writing to the school board on or before April 16 1 of any school year, giving good and sufficient reasons 17 therefor, by the superintendent, by the principal if his or 18 her contract is not under consideration, or by a majority of 19 the school board. The employee whose contract is under 20 consideration shall be duly notified in writing by the party 21 or parties preferring the charges at least 5 days prior to the 22 filing of the written recommendation with the school board, 23 and such notice shall include a copy of the charges and the 24 recommendation to the school board. The school board shall 25 proceed to take appropriate action. Any decision adverse to 26 the employee shall be made by a majority vote of the full 27 membership of the school board. Any such decision adverse to 28 the employee may be appealed by the employee pursuant to s. 29 120.68. 30 (c) Any member of the district administrative or 31 supervisory staff and any member of the instructional staff, 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 559 505-149-97 1 including any principal, who is under continuing contract may 2 be suspended or dismissed at any time during the school year; 3 however, the charges against him or her must be based on 4 immorality, misconduct in office, incompetency, gross 5 insubordination, willful neglect of duty, drunkenness, or 6 conviction of a crime involving moral turpitude. Whenever 7 such charges are made against any such employee of the school 8 board, the school board may suspend such person without pay; 9 but, if the charges are not sustained, he or she shall be 10 immediately reinstated, and his or her back salary shall be 11 paid. In cases of suspension by the school board or by the 12 superintendent, the school board shall determine upon the 13 evidence submitted whether the charges have been sustained 14 and, if the charges are sustained, shall determine either to 15 dismiss the employee or fix the terms under which he or she 16 may be reinstated. If such charges are sustained by a 17 majority vote of the full membership of the school board and 18 such employee is discharged, his or her contract of employment 19 shall be thereby canceled. Any such decision adverse to the 20 employee may be appealed by the employee pursuant to s. 21 120.68, provided such appeal is filed within 30 days after the 22 decision of the school board. 23 (5) Should a school board have to choose from among 24 its personnel who are on continuing contracts, or professional 25 service contracts, or contracts issued under subparagraph 26 (1)(a)1. as to which should be retained, such decisions shall 27 be made pursuant to the terms of a collectively bargained 28 agreement, when one exists. If no such agreement exists, the 29 district school board shall prescribe rules to handle 30 reductions in workforce. 31 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 559 505-149-97 1 (6)(a) Any member of the instructional staff, 2 excluding an employee specified in subsection (4), may be 3 suspended or dismissed at any time during the term of the 4 contract for; however, the charges against him or her must be 5 based on just cause as provided in paragraph (1)(a). Whenever 6 such charges are made against any such employee of the school 7 board, The school board must notify the employee in writing 8 whenever charges are made against the employee and may suspend 9 such person without pay; but, if the charges are not 10 sustained, the employee shall be immediately reinstated, and 11 his or her back salary shall be paid. If the employee wishes 12 to contest the charges, the employee must, within 15 days 13 after receipt of the written notice, submit a written request 14 for a hearing before an administrative law judge assigned by 15 the Division of Administrative Hearings of the Department of 16 Management Services. The hearing must be conducted within 45 17 days after receipt of the written appeal and in accordance 18 with chapter 120. A majority vote of the membership of the 19 school board is required to sustain or change the recommended 20 order of the administrative law judge. The determination of 21 the school board is final as to the sufficiency or 22 insufficiency of the grounds for termination of employment. 23 When an employee is notified in writing of such charges, he or 24 she will have 15 days from receipt of the notice to demand, in 25 writing, a hearing to be conducted at the employee's election 26 in accordance with either sub-subparagraph a. or 27 sub-subparagraph b. of subparagraph (3)(e)4. Any such decision 28 adverse to the employee may be appealed by the employee 29 pursuant to s. 120.68, provided such appeal is filed within 30 30 days after the decision of the school board. 31 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 559 505-149-97 1 (b) Any member of the district administrative or 2 supervisory staff, including any principal but excluding an 3 employee specified in subsection (4), may be suspended or 4 dismissed at any time during the term of the contract; 5 however, the charges against him or her must be based on 6 immorality, misconduct in office, incompetency, gross 7 insubordination, willful neglect of duty, drunkenness, or 8 conviction of any crime involving moral turpitude. Whenever 9 such charges are made against any such employee of the school 10 board, the school board may suspend the employee without pay; 11 but, if the charges are not sustained, he or she shall be 12 immediately reinstated, and his or her back salary shall be 13 paid. In cases of suspension by the school board or by the 14 superintendent, the school board shall determine upon the 15 evidence submitted whether the charges have been sustained 16 and, if the charges are sustained, shall determine either to 17 dismiss the employee or fix the terms under which he or she 18 may be reinstated. If such charges are sustained by a 19 majority vote of the full membership of the school board and 20 such employee is discharged, his or her contract of employment 21 shall be thereby canceled. Any such decision adverse to the 22 employee may be appealed by him or her pursuant to s. 120.68, 23 provided such appeal is filed within 30 days after the 24 decision of the school board. 25 (7) The school board of any given district shall grant 26 continuing service credit for time spent performing duties as 27 a member of the Legislature to any district employee who 28 possesses a professional service contract, multiyear contract, 29 or continuing contract, or a contract issued under 30 subparagraph (1)(a)1. 31 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 559 505-149-97 1 (8) Notwithstanding any other provision of law, any 2 member who has retired may interrupt retirement and be 3 reemployed in any public school. Any member so reemployed by 4 the same district from which he or she retired may be employed 5 on a probationary contractual basis as provided in subsection 6 (1); however, no regular retirement employee shall be eligible 7 to renew membership under a retirement system created by 8 chapter 121 or chapter 238. 9 Section 3. Paragraph (a) of subsection (2) of section 10 231.3605, Florida Statutes is amended to read: 11 231.3605 Educational support employees.-- 12 (2)(a) Each educational support employee hired before 13 July 1, 1997, shall be employed on probationary status for a 14 period to be determined through the appropriate collective 15 bargaining agreement or by school board rule in cases where a 16 collective bargaining agreement does not exist. 17 Section 4. This act supersedes any special law or 18 local law to the contrary. 19 Section 5. This act shall take effect July 1, 1997. 20 21 ***************************************** 22 SENATE SUMMARY 23 Revises performance assessment criteria and evaluations of school district instructional staff. Requires notice 24 of unsatisfactory performance and a period of time to take corrective action. Provides for administrative 25 hearings and the authority of the district school board in continuing or terminating various types of contracts 26 of employment based on performance. Limits the probationary status of educational support employees 27 hired before July 1, 1997. Provides for this act to supersede inconsistent local laws. 28 29 30 31 17