CODING: Words stricken are deletions; words underlined are additions.

House Bill 0559c1

Florida House of Representatives - 1997 CS/HB 559 By the Committee on Education Innovation and Representatives Thrasher and Fasano 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; requiring development 8 of a mechanism for evaluation; amending s. 9 231.36, F.S.; revising contracts for school 10 district instructional staff; specifying a 11 probationary period; requiring performance 12 assessments; providing for dismissal; requiring 13 a probationary period for certain 14 administrative staff; restricting issuance of 15 professional service contracts after a certain 16 date; applying new performance assessment and 17 appeal procedures upon renewal of a 18 professional service contract; revising hearing 19 requirements; amending s. 231.3605, F.S., 20 relating to educational support employees; 21 providing employment conditions; amending s. 22 229.775, F.S.; correcting cross references; 23 providing that this act supersedes local laws; 24 providing that certain persons may retain 25 rights; providing an effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Section 231.29, Florida Statutes, is 30 amended to read: 31 231.29 Assessment procedures and criteria.-- 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 559 603-103-97 1 (1) For the purpose of improving the quality of 2 instructional, administrative, and supervisory services in the 3 public schools of the state, the superintendent shall 4 establish procedures for assessing the performance of duties 5 and responsibilities of all instructional, administrative, and 6 supervisory personnel employed by the school in his or her 7 district. The Department of Education must approve each 8 district's instructional personnel assessment system. 9 (2) The following conditions must be considered in the 10 design of the district's instructional personnel assessment 11 system: 12 (a) The system must be designed to support district 13 and school level improvement plans. 14 (b) The system must provide appropriate instruments, 15 procedures, and criteria for continuous quality improvement of 16 the professional skills of instructional personnel beginning, 17 probationary, and nonprobationary stages of a teaching career. 18 (c) The system must include a mechanism to give 19 parents an opportunity to provide input into employee 20 performance assessments when appropriate. 21 (d)(c) In addition to addressing generic teaching 22 competencies, districts must determine those teaching fields 23 for which special procedures and criteria will be developed. 24 (e)(d) The school board shall provide training 25 programs that which are based upon guidelines provided by the 26 Department of Education to ensure that all individuals with 27 evaluation responsibilities understand the proper use of the 28 assessment criteria and procedures. Such training programs 29 may be provided under s. 231.087. 30 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 559 603-103-97 1 (3)(2) The assessment procedure for instructional 2 personnel shall comply with, but shall not be limited to, the 3 following requirements: 4 (a) An assessment relating to the criteria specified 5 in subsection (3) shall be conducted for each employee at 6 least once a year. The Such assessment shall be based upon 7 sound educational principles and contemporary research in 8 effective educational practices. The assessment must use data 9 and indicators of improvement in student performance and may 10 consider results of peer reviews in evaluating the employee's 11 performance. The assessment criteria must include, but are not 12 limited to, indicators that relate to the following: 13 1. Ability to maintain appropriate discipline. 14 2. Knowledge of subject matter. The district school 15 board shall make special provisions for evaluating teachers 16 who are assigned to teach out of field. 17 3. Ability to plan and deliver instruction. 18 4. Ability to evaluate instructional needs. 19 5. Ability to communicate with parents. 20 6. Other professional competencies, responsibilities, 21 and requirements as established by rules of the State Board of 22 Education and policies of the district school board. 23 (b) All personnel shall be fully informed of the 24 criteria and procedures associated with the assessment process 25 before the assessment takes place. 26 (c) The individual responsible for supervising the 27 employee must assess the employee's performance. The evaluator 28 must submit a written report of the assessment to the 29 superintendent for the purpose of reviewing the employee's 30 contract. The evaluator must submit the A written report of 31 each assessment shall be made and a copy thereof shall be 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 559 603-103-97 1 given to the employee no later than 10 days after the 2 assessment takes place. The evaluator must discuss the 3 written report of assessment shall be discussed with the 4 employee by the person responsible for preparing the report. 5 The employee shall have the right to initiate a written 6 response to the assessment, and the response shall become a 7 permanent attachment to his or her personnel file. 8 (d) If In the event that an employee is not performing 9 his or her duties in a satisfactory manner, the evaluator 10 shall notify the employee in writing of such determination. 11 The notice must and describe such unsatisfactory performance. 12 and include notice of the following procedural requirements: 13 1. Upon delivery of a notice of unsatisfactory 14 performance, the evaluator must confer with the employee, make 15 recommendations with respect to specific areas of 16 unsatisfactory performance, and provide assistance in helping 17 to correct deficiencies within a prescribed period of time. 18 2. The employee must be given 120 calendar days from 19 the receipt of the notice of unsatisfactory performance to 20 demonstrate corrective action. School holidays and school 21 vacation periods are not counted when calculating the 22 120-calendar-day period. During the 120 calendar days, the 23 employee must be evaluated periodically and apprised of 24 progress achieved and must be provided assistance and 25 inservice training opportunities to help correct the noted 26 performance deficiencies. At any time during the 120 calendar 27 days, the employee may request a transfer to another 28 appropriate position with a different supervising 29 administrator; however, a transfer does not extend the period 30 for correcting performance deficiencies. 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 559 603-103-97 1 3. Within 14 days after the close of the 120 calendar 2 days, the evaluator must assess whether the performance 3 deficiencies have been corrected and forward a recommendation 4 to the superintendent. Within 14 days after receiving the 5 evaluator's recommendation, the superintendent must notify the 6 employee in writing whether the performance deficiencies have 7 been satisfactorily corrected and whether the superintendent 8 will recommend that the school board continue or terminate his 9 or her employment contract. If the employee wishes to contest 10 the superintendent's recommendation, the employee must, within 11 15 days after receipt of the superintendent's recommendation, 12 submit a written request for a hearing. Such hearing shall be 13 conducted at the school board's election in accordance with 14 one of the following procedures: 15 a. A direct hearing conducted by the school board 16 within 60 days after receipt of the written appeal. The 17 hearing shall be conducted in accordance with the provisions 18 of chapter 120. A majority vote of the membership of the 19 school board shall be required to sustain the superintendent's 20 recommendation. The determination of the school board shall 21 be final as to the sufficiency or insufficiency of the grounds 22 for termination of employment; or 23 b. A hearing conducted by an administrative law judge 24 assigned by the Division of Administrative Hearings of the 25 Department of Management Services. The hearing shall be 26 conducted within 60 days after receipt of the written appeal 27 in accordance with chapter 120. The recommendation of the 28 administrative law judge shall be made to the school board. A 29 majority vote of the membership of the school board shall be 30 required to sustain or change the administrative law judge's 31 recommendation pursuant to chapter 120. The evaluator shall 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 559 603-103-97 1 thereafter confer with the employee, make recommendations with 2 respect to specific areas of unsatisfactory performance, and 3 provide assistance in helping to correct such deficiencies 4 within a reasonable, prescribed period of time. 5 (3) A complete statement of the assessment criteria 6 shall include, but shall not be limited to, observable 7 indicators that relate to the following: 8 (a) Ability to use appropriate classroom management 9 techniques, including ability to maintain appropriate 10 discipline. 11 (b) Knowledge of subject matter. The district school 12 board shall make special provisions for evaluating teachers 13 who are assigned to teach out-of-field. 14 (c) Ability to plan and deliver instruction. 15 (d) Ability to evaluate instructional needs. 16 (e) Other professional competencies, responsibilities, 17 and requirements as determined by the local district. 18 (4) The individual responsible for the supervision of 19 the employee shall make the assessment of the employee and 20 forward such assessment to the superintendent for the purpose 21 of reviewing the employee's contract. 22 (4)(5) The superintendent shall notify the department 23 of any instructional personnel who receive two consecutive 24 unsatisfactory annual evaluations and who have been given 25 written notice by the district that their employment is being 26 terminated or is not being renewed or that the school board 27 intends to terminate, or not renew, their employment. The 28 department shall conduct an investigation to determine whether 29 action shall be taken against the certificateholder pursuant 30 to s. 231.28(1)(b). 31 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 559 603-103-97 1 (5) The superintendent shall develop a mechanism for 2 evaluating the effective use of assessment criteria and 3 evaluation procedures by individuals who are assigned 4 responsibility for evaluating the performance of instructional 5 personnel. 6 (6) Nothing in this section shall be construed to 7 grant a probationary employee a right to continued employment 8 beyond the term of his or her contract. 9 (7) The district school board shall establish a 10 procedure annually reviewing instructional personnel 11 assessment systems to determine compliance with this section. 12 All substantial revisions to an approved system must be 13 reviewed and approved by the school board before being used to 14 assess instructional personnel. Upon request by a school 15 district, the department shall provide assistance in 16 developing, improving, or reviewing an assessment system. 17 Section 2. Section 231.36, Florida Statutes, 1996 18 Supplement, is amended to read: 19 231.36 Contracts with instructional staff, 20 supervisors, and principals.-- 21 (1)(a) Each person employed as a member of the 22 instructional staff by in any district school system must 23 shall be properly certificated pursuant to s. 231.17 or 24 employed pursuant to this chapter s. 231.1725 and is shall be 25 entitled to and shall receive a written contract as specified 26 in chapter 230. 27 1. Each person newly employed as a member of the 28 instructional staff after June 30, 1997, shall receive a 29 contract that is subject to annual review and renewal at the 30 discretion of the school board upon recommendation of the 31 superintendent. During each of the first 3 years of 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 559 603-103-97 1 employment, the employee shall receive an annual contract. The 2 first 97 days of an employee's initial contract is a 3 probationary period. During the probationary period, or 4 following the expiration of each annual contract during the 5 first 3 years of employment, the employee may be dismissed 6 without cause or may resign from the contracted position 7 without breach of contract. After the first 3 years of 8 employment, the contract may be renewed at the discretion of 9 the school board for a period not to exceed 3 years. Each 10 employee who holds a contract under this subparagraph is 11 subject to the performance assessments and procedures set 12 forth in s. 231.29. Each contract issued under this 13 subparagraph must provide for dismissal during the term of the 14 contract for just cause or for failure to correct performance 15 deficiencies under s. 231.29. Termination of employment shall 16 not be predicated upon the exercise of an individual's 17 constitutional rights. Nothing in this section shall preclude 18 an individual from availing himself or herself of the 19 provisions of s. 228.2001. 20 2. A professional service contract shall be issued as 21 provided in subsection (3). Each professional service contract 22 must provide for dismissal during the term of the contract 23 only for just cause. 24 3. A continuing contract shall be issued as provided 25 in subsection (4). All such contracts, except continuing 26 contracts as specified in subsection (4), shall contain 27 provisions for dismissal during the term of the contract only 28 for just cause. 29 30 31 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 559 603-103-97 1 Just cause includes, but is not limited to, misconduct in 2 office, incompetency, gross insubordination, willful neglect 3 of duty, or conviction of a crime involving moral turpitude. 4 (b) A supervisor or principal shall be properly 5 certified and shall receive a written contract as specified in 6 chapter 230. Such contract may be for an initial period not to 7 exceed 3 years, subject to annual review and renewal. The 8 first 97 days of an initial contract is a probationary period. 9 During the probationary period, the employee may be dismissed 10 without cause or may resign from the contracted position 11 without breach of contract. After the first 3 years, the 12 contract may be renewed for a period not to exceed 3 years and 13 shall contain provisions for dismissal during the term of the 14 contract only for just cause, in addition to such other 15 provisions as are prescribed by the school board. 16 (2) Any person so employed as a supervisor, principal, 17 or member of the instructional staff on the basis of a written 18 offer of a specific position by a duly authorized agent of the 19 school board for a stated term of service at a specified 20 salary, and who accepted such offer by telegram or letter or 21 by signing the regular contract form, who violates the terms 22 of such contract or agreement by leaving his or her position 23 after the probationary period without first being released 24 from his or her contract or agreement by the school board of 25 the district in which the person is employed shall be subject 26 to the jurisdiction of the Education Practices Commission. 27 The school board shall take official action on such violation 28 and shall furnish a copy of its official minutes to the 29 Commissioner of Education. 30 (3)(a) The school board of each district shall provide 31 a professional service contract as prescribed in this 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 559 603-103-97 1 subsection herein. Each member of the instructional staff who 2 completes the following requirements prior to July 1, 1984, 3 shall be entitled to and shall be issued a continuing contract 4 in the form prescribed by rules of the state board pursuant to 5 s. 231.36, Florida Statutes 1981. 6 (a) Each person who was employed as a member of the 7 district's instructional staff prior to July 1, 1997, and who 8 completes the following requirements on or after July 1, 1984, 9 shall be entitled to and shall be issued a professional 10 service contract in the form prescribed by rules of the state 11 board as provided in this subsection herein: 12 1. The member must hold a professional certificate as 13 prescribed by s. 231.17 and rules of the State Board of 14 Education; 15 2. The member must have completed 3 years of 16 probationary service in the district, 1 year of which must be 17 the professional orientation program where required, during a 18 period not in excess of 5 successive years, except for leave 19 duly authorized and granted; and 20 3. The member must have been recommended by the 21 superintendent for such contract and reappointed by the school 22 board based on successful performance of duties and 23 demonstration of professional competence. 24 (b) The professional service contract shall be 25 effective at the beginning of the school fiscal year following 26 the completion of all requirements therefor. 27 (c) The period of service provided herein may be 28 extended to 4 years when prescribed by the school board and 29 agreed to in writing by the employee at the time of 30 reappointment. 31 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 559 603-103-97 1 (d) A school board may issue a continuing contract 2 prior to July 1, 1984, and may issue a professional service 3 contract before July 1, 1997, and may issue a contract under 4 subparagraph (1)(a)1. on or after July 1, 1997 subsequent to 5 July 1, 1984, to any employee who has previously held a 6 professional service contract or continuing contract in the 7 same or another district within this state. Any employee who 8 holds a continuing contract or professional service contract 9 may, but is not required to, exchange such continuing contract 10 for a professional service contract under subparagraph 11 (1)(a)1. in the same district. 12 (e) A professional service contract shall be renewed 13 each year unless the superintendent, after receiving the 14 recommendations required by s. 231.29(4), charges the employee 15 with unsatisfactory performance and notifies the employee of 16 performance deficiencies as required by s. 231.29. An employee 17 who holds a professional service contract on July 1, 1997, is 18 subject to the procedures set forth in paragraph (f) during 19 the term of the existing professional service contract. The 20 employee is subject to the procedures set forth in s. 21 231.29(3)(d) upon the next renewal of the professional service 22 contract; however, if the employee is notified of performance 23 deficiencies before the next contract renewal date, the 24 procedures of s. 231.29(3)(d) do not apply until the 25 procedures set forth in paragraph (f) have been exhausted and 26 the professional service contract is subsequently renewed. 27 (f) The superintendent shall notify an employee who 28 holds a professional service contract on July 1, 1997, as 29 determined under the provisions of s. 231.29 and notifies the 30 employee in writing, no later than 6 weeks prior to the end of 31 the postschool conference period, of performance deficiencies 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 559 603-103-97 1 which may result in termination of employment, if not 2 corrected during the subsequent year of employment (which 3 shall be granted for an additional year in accordance with the 4 provisions in subsection (1)). Except as otherwise hereinafter 5 provided, this action shall not be subject to the provisions 6 of chapter 120, but the following procedures shall apply: 7 1. On receiving notice of unsatisfactory performance, 8 the employee, on request, shall be accorded an opportunity to 9 meet with the superintendent or the superintendent's designee 10 for an informal review of the determination of unsatisfactory 11 performance. 12 2. An employee notified of unsatisfactory performance 13 may request an opportunity to be considered for a transfer to 14 another appropriate position, with a different supervising 15 administrator, for the subsequent year of employment. 16 3. During the subsequent year, the employee shall be 17 provided assistance and inservice training opportunities to 18 help correct the noted performance deficiencies. The employee 19 shall also be evaluated periodically so that he or she will be 20 kept apprised of progress achieved. 21 4. Not later than 6 weeks prior to the close of the 22 postschool conference period of the subsequent year, the 23 superintendent, after receiving and reviewing the 24 recommendation required by s. 231.29(4), shall notify the 25 employee, in writing, whether the performance deficiencies 26 have been corrected. If so, a new professional service 27 contract shall be issued to the employee. If the performance 28 deficiencies have not been corrected, the superintendent may 29 notify the school board and the employee, in writing, that the 30 employee shall not be issued a new professional service 31 contract; however, if the recommendation of the superintendent 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 559 603-103-97 1 is not to issue a new professional service contract, and if 2 the employee wishes to contest such recommendation, the 3 employee will have 15 days from receipt of the 4 superintendent's recommendation to demand, in writing, a 5 hearing. In such hearing, the employee may raise as an issue, 6 among other things, the sufficiency of the superintendent's 7 charges of unsatisfactory performance. Such hearing shall be 8 conducted at the school board's employee's election in 9 accordance with one of the following procedures: 10 a. A direct hearing conducted by the school board 11 within 60 45 days of receipt of the written appeal. The 12 hearing shall be conducted in accordance with the provisions 13 of ss. 120.569 and 120.57. A majority vote of the membership 14 of the school board shall be required to sustain the 15 superintendent's recommendation. The determination of the 16 school board shall be final as to the sufficiency or 17 insufficiency of the grounds for termination of employment; or 18 b. A hearing conducted by an administrative law judge 19 assigned by the Division of Administrative Hearings of the 20 Department of Management Services. The hearing shall be 21 conducted within 60 45 days of receipt of the written appeal 22 in accordance with chapter 120. The recommendation of the 23 administrative law judge shall be made to the school board. A 24 majority vote of the membership of the school board shall be 25 required to sustain or change the administrative law judge's 26 recommendation pursuant to chapter 120. The determination of 27 the school board shall be final as to the sufficiency or 28 insufficiency of the grounds for termination of employment. 29 (g) An employee who has professional service contract 30 status before July 1, 1997, may retain the contract and all 31 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 559 603-103-97 1 rights arising therefrom, unless the employee voluntarily 2 relinquishes the professional service contract. 3 (4) Each member of the instructional staff who 4 completed the requirements of s. 231.36(3)(a), Florida 5 Statutes, 1984 Supplement, and applicable state board rules 6 before July 1, 1984, shall be issued a continuing contract. 7 (a) An employee who has continuing contract status 8 prior to July 1, 1984, shall be entitled to retain such 9 contract and all rights arising therefrom in accordance with 10 existing laws, rules of the State Board of Education, or any 11 laws repealed by this act, unless the employee voluntarily 12 relinquishes his or her continuing contract. 13 (b) Any member of the district administrative or 14 supervisory staff and any member of the instructional staff, 15 including any principal, who is under continuing contract may 16 be dismissed or may be returned to annual contract status for 17 another 3 years in the discretion of the school board, at the 18 end of the school year, when a recommendation to that effect 19 is submitted in writing to the school board on or before April 20 1 of any school year, giving good and sufficient reasons 21 therefor, by the superintendent, by the principal if his or 22 her contract is not under consideration, or by a majority of 23 the school board. The employee whose contract is under 24 consideration shall be duly notified in writing by the party 25 or parties preferring the charges at least 5 days prior to the 26 filing of the written recommendation with the school board, 27 and such notice shall include a copy of the charges and the 28 recommendation to the school board. The school board shall 29 proceed to take appropriate action. Any decision adverse to 30 the employee shall be made by a majority vote of the full 31 membership of the school board. Any such decision adverse to 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 559 603-103-97 1 the employee may be appealed by the employee pursuant to s. 2 120.68. 3 (c) Any member of the district administrative or 4 supervisory staff and any member of the instructional staff, 5 including any principal, who is under continuing contract may 6 be suspended or dismissed at any time during the school year; 7 however, the charges against him or her must be based on 8 immorality, misconduct in office, incompetency, gross 9 insubordination, willful neglect of duty, drunkenness, or 10 conviction of a crime involving moral turpitude. Whenever 11 such charges are made against any such employee of the school 12 board, the school board may suspend such person without pay; 13 but, if the charges are not sustained, he or she shall be 14 immediately reinstated, and his or her back salary shall be 15 paid. In cases of suspension by the school board or by the 16 superintendent, the school board shall determine upon the 17 evidence submitted whether the charges have been sustained 18 and, if the charges are sustained, shall determine either to 19 dismiss the employee or fix the terms under which he or she 20 may be reinstated. If such charges are sustained by a 21 majority vote of the full membership of the school board and 22 such employee is discharged, his or her contract of employment 23 shall be thereby canceled. Any such decision adverse to the 24 employee may be appealed by the employee pursuant to s. 25 120.68, provided such appeal is filed within 30 days after the 26 decision of the school board. 27 (5) Should a school board have to choose from among 28 its personnel who are on continuing contracts, or professional 29 service contracts, or contracts issued under subparagraph 30 (1)(a)1. as to which should be retained, such decisions shall 31 be made pursuant to the terms of a collectively bargained 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 559 603-103-97 1 agreement, when one exists. If no such agreement exists, the 2 district school board shall prescribe rules to handle 3 reductions in workforce. 4 (6)(a) Any member of the instructional staff, 5 excluding an employee specified in subsection (4), may be 6 suspended or dismissed at any time during the term of the 7 contract for; however, the charges against him or her must be 8 based on just cause as provided in paragraph (1)(a). Whenever 9 such charges are made against any such employee of the school 10 board, The school board must notify the employee in writing 11 whenever charges are made against the employee and may suspend 12 such person without pay; but, if the charges are not 13 sustained, the employee shall be immediately reinstated, and 14 his or her back salary shall be paid. If the employee wishes 15 to contest the charges, the employee must, within 15 days 16 after receipt of the written notice, submit a written request 17 for a hearing. Such hearing shall be conducted at the school 18 board's election in accordance with one of the following 19 procedures: 20 1. A direct hearing conducted by the school board 21 within 60 days after receipt of the written appeal. The 22 hearing shall be conducted in accordance with the provisions 23 of chapter 120. A majority vote of the membership of the 24 school board shall be required to sustain the superintendent's 25 recommendation. The determination of the school board shall 26 be final as to the sufficiency or insufficiency of the grounds 27 for termination of employment; or 28 2. A hearing conducted by an administrative law judge 29 assigned by the Division of Administrative Hearings of the 30 Department of Management Services. The hearing shall be 31 conducted within 60 days after receipt of the written appeal 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 559 603-103-97 1 in accordance with chapter 120. The recommendation of the 2 administrative law judge shall be made to the school board. A 3 majority vote of the membership of the school board shall be 4 required to sustain or change the administrative law judge's 5 recommendation pursuant to chapter 120. When an employee is 6 notified in writing of such charges, he or she will have 15 7 days from receipt of the notice to demand, in writing, a 8 hearing to be conducted at the employee's election in 9 accordance with either sub-subparagraph a. or sub-subparagraph 10 b. of subparagraph (3)(e)4. 11 12 Any such decision adverse to the employee may be appealed by 13 the employee pursuant to s. 120.68, provided such appeal is 14 filed within 30 days after the decision of the school board. 15 (b) Any member of the district administrative or 16 supervisory staff, including any principal but excluding an 17 employee specified in subsection (4), may be suspended or 18 dismissed at any time during the term of the contract; 19 however, the charges against him or her must be based on 20 immorality, misconduct in office, incompetency, gross 21 insubordination, willful neglect of duty, drunkenness, or 22 conviction of any crime involving moral turpitude. Whenever 23 such charges are made against any such employee of the school 24 board, the school board may suspend the employee without pay; 25 but, if the charges are not sustained, he or she shall be 26 immediately reinstated, and his or her back salary shall be 27 paid. In cases of suspension by the school board or by the 28 superintendent, the school board shall determine upon the 29 evidence submitted whether the charges have been sustained 30 and, if the charges are sustained, shall determine either to 31 dismiss the employee or fix the terms under which he or she 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 559 603-103-97 1 may be reinstated. If such charges are sustained by a 2 majority vote of the full membership of the school board and 3 such employee is discharged, his or her contract of employment 4 shall be thereby canceled. Any such decision adverse to the 5 employee may be appealed by him or her pursuant to s. 120.68, 6 provided such appeal is filed within 30 days after the 7 decision of the school board. 8 (7) The school board of any given district shall grant 9 continuing service credit for time spent performing duties as 10 a member of the Legislature to any district employee who 11 possesses a professional service contract, multiyear contract, 12 or continuing contract, or contract issued under subparagraph 13 (1)(a)1. 14 (8) Notwithstanding any other provision of law, any 15 member who has retired may interrupt retirement and be 16 reemployed in any public school. Any member so reemployed by 17 the same district from which he or she retired may be employed 18 on a probationary contractual basis as provided in subsection 19 (1); however, no regular retirement employee shall be eligible 20 to renew membership under a retirement system created by 21 chapter 121 or chapter 238. 22 Section 3. Section 231.3605, Florida Statutes, is 23 amended to read: 24 231.3605 Educational support employees.-- 25 (1) As used in this section: 26 (a) "Educational support employee" means any person 27 employed by a district school system who is so employed as a 28 teacher aide, a teacher assistant, an education 29 paraprofessional, a member of the transportation department, a 30 member of the operations department, a member of the 31 maintenance department, a member of food service, a secretary, 18 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 559 603-103-97 1 or a clerical employee, or any other person who by virtue of 2 his or her position of employment is not required to be 3 certified by the Department of Education or school board 4 pursuant to s. 231.1725. This section does not apply to 5 persons employed in confidential or management positions. This 6 section applies to all employees who are not temporary or 7 casual and whose duties require 20 or more hours in each 8 normal working week. 9 (b) "Employee" means any person employed as an 10 educational support employee. 11 (c) "Superintendent" means the superintendent of 12 schools or his or her designee. 13 (2) Each educational support employee hired prior to 14 July 1, 1997: 15 (a) Each educational support employee Shall be 16 employed on probationary status for a period to be determined 17 through the appropriate collective bargaining agreement or by 18 school board rule in cases where a collective bargaining 19 agreement does not exist. 20 (b) Upon successful completion of the probationary 21 period by the employee, the employee's status shall continue 22 in his or her status from year to year unless the 23 superintendent terminates the employee for reasons stated in 24 the collective bargaining agreement, or in school board rule 25 in cases where a collective bargaining agreement does not 26 exist, or reduces the number of employees on a districtwide 27 basis for financial reasons. 28 (c) May be suspended by the school board with or 29 without pay in the event a superintendent seeks termination of 30 an employee, the school board may suspend the employee with or 31 without pay. The employee shall receive written notice and 19 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 559 603-103-97 1 shall have the opportunity to formally appeal the termination. 2 The appeals process shall be determined by the appropriate 3 collective bargaining process or by school board rule in the 4 event there is no collective bargaining agreement. 5 (3) Each educational support employee hired after June 6 30, 1997: 7 (a) May receive a contract that is subject to annual 8 review and renewal at the discretion of the school board upon 9 the recommendation of the superintendent. During the first 3 10 years of employment, the employee shall receive an annual 11 contract. After the first 3 years of employment, the contract 12 may be renewed for a period not to exceed 3 years at the 13 discretion of the school board. 14 (b) May be terminated by the superintendent during the 15 term of a contract for just cause for reasons stated in the 16 collective bargaining agreement or in school board rule where 17 a collective bargaining agreement does not exist or for 18 reasons related to a reduction in work force due to the 19 district's financial status. In the event a superintendent 20 seeks termination of an employee during the term of a 21 contract, the employee shall receive written notice and shall 22 have the opportunity to appeal the termination. The appeals 23 process shall be established in school board rule. 24 Section 4. Section 229.775, Florida Statutes, 1996 25 Supplement, is amended to read: 26 229.775 Computer database of certain persons whose 27 employment was terminated.-- 28 (1) The Department of Education shall establish a 29 computer database containing the names of persons whose 30 employment is terminated under s. 231.36(1)(a) or (4)(c), 31 20 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 559 603-103-97 1 which information shall be available to the superintendents of 2 the public school districts and their designees. 3 (2) The superintendent of each public school district 4 shall report to the Department of Education the name of any 5 person terminated under s. 231.36(1)(a) or (4)(c) within 10 6 working days after the date of final action by the school 7 board on the termination, and the department shall immediately 8 enter the information in the computer records. 9 Section 5. This act supersedes any special law or 10 local law to the contrary; however, persons employed before 11 June 30, 1997, by the district school boards of Duval, 12 Hillsborough, and Volusia Counties may retain all rights 13 arising from chapter 18964, Laws of Florida, 1937, as amended, 14 chapter 21197, Laws of Florida, 1941, as amended, and chapter 15 21287, Laws of Florida, 1941, as amended. 16 Section 6. This act shall take effect July 1, 1997. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 21