Senate Bill 1298

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    Florida Senate - 1999                                  SB 1298

    By Senator Horne





    6-1198A-99

  1                      A bill to be entitled

  2         An act relating to teacher assessments;

  3         amending s. 231.29, F.S.; providing for a

  4         period of probation for instructional personnel

  5         who are employed under professional service

  6         contracts and who fail to demonstrate

  7         corrective action following a notice of

  8         unsatisfactory performance; providing for an

  9         assessment and recommendation by the

10         superintendent to the school board; providing

11         for a hearing by the school board or an

12         administrative law judge; providing an

13         effective date.

14

15  Be It Enacted by the Legislature of the State of Florida:

16

17         Section 1.  Subsection (3) of section 231.29, Florida

18  Statutes, 1998 Supplement, is amended to read:

19         231.29  Assessment procedures and criteria.--

20         (3)  The assessment procedure for instructional

21  personnel shall comply with, but shall not be limited to, the

22  following requirements:

23         (a)  An assessment shall be conducted for each employee

24  at least once a year. The assessment shall be based upon sound

25  educational principles and contemporary research in effective

26  educational practices. The assessment must use data and

27  indicators of improvement in student performance and may

28  consider results of peer reviews in evaluating the employee's

29  performance. The assessment criteria must include, but are not

30  limited to, indicators that relate to the following:

31         1.  Ability to maintain appropriate discipline.

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    Florida Senate - 1999                                  SB 1298
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  1         2.  Knowledge of subject matter. The district school

  2  board shall make special provisions for evaluating teachers

  3  who are assigned to teach out-of-field.

  4         3.  Ability to plan and deliver instruction.

  5         4.  Ability to evaluate instructional needs.

  6         5.  Ability to communicate with parents.

  7         6.  Other professional competencies, responsibilities,

  8  and requirements as established by rules of the State Board of

  9  Education and policies of the district school board.

10         (b)  All personnel shall be fully informed of the

11  criteria and procedures associated with the assessment process

12  before the assessment takes place.

13         (c)  The individual responsible for supervising the

14  employee must assess the employee's performance. The evaluator

15  must submit a written report of the assessment to the

16  superintendent for the purpose of reviewing the employee's

17  contract. The evaluator must submit the written report to the

18  employee no later than 10 days after the assessment takes

19  place.  The evaluator must discuss the written report of

20  assessment with the employee. The employee shall have the

21  right to initiate a written response to the assessment, and

22  the response shall become a permanent attachment to his or her

23  personnel file.

24         (d)  If an employee is not performing his or her duties

25  in a satisfactory manner, the evaluator shall notify the

26  employee in writing of such determination. The notice must

27  describe such unsatisfactory performance and include notice of

28  the following procedural requirements:

29         1.  Upon delivery of a notice of unsatisfactory

30  performance, the evaluator must confer with the employee, make

31  recommendations with respect to specific areas of

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    Florida Senate - 1999                                  SB 1298
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  1  unsatisfactory performance, and provide assistance in helping

  2  to correct deficiencies within a prescribed period of time.

  3         2.a.  If the employee holds a professional service

  4  contract as provided in s. 231.36, the employee shall be

  5  placed on performance probation and governed by the provisions

  6  of this section for 90 calendar days following from the

  7  receipt of the notice of unsatisfactory performance to

  8  demonstrate corrective action. School holidays and school

  9  vacation periods are not counted when calculating the

10  90-calendar-day period. During the 90 calendar days, the

11  employee who holds a professional service contract must be

12  evaluated periodically and apprised of progress achieved and

13  must be provided assistance and inservice training

14  opportunities to help correct the noted performance

15  deficiencies. At any time during the 90 calendar days, the

16  employee who holds a professional service contract may request

17  a transfer to another appropriate position with a different

18  supervising administrator; however, a transfer does not extend

19  the period for correcting performance deficiencies.

20         b.3.  Within 14 days after the close of the 90 calendar

21  days, the evaluator must assess whether the performance

22  deficiencies have been corrected and forward a recommendation

23  to the superintendent. Within 14 days after receiving the

24  evaluator's recommendation, the superintendent must notify the

25  employee who holds a professional service contract in writing

26  whether the performance deficiencies have been satisfactorily

27  corrected and whether the superintendent will recommend that

28  the school board continue or terminate his or her employment

29  contract. If the employee wishes to contest the

30  superintendent's recommendation, the employee must, within 15

31  days after receipt of the superintendent's recommendation,

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    Florida Senate - 1999                                  SB 1298
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  1  submit a written request for a hearing. Such hearing shall be

  2  conducted at the school board's election in accordance with

  3  one of the following procedures:

  4         (I)a.  A direct hearing conducted by the school board

  5  within 60 days after receipt of the written appeal. The

  6  hearing shall be conducted in accordance with the provisions

  7  of ss. 120.569 and 120.57. A majority vote of the membership

  8  of the school board shall be required to sustain the

  9  superintendent's recommendation. The determination of the

10  school board shall be final as to the sufficiency or

11  insufficiency of the grounds for termination of employment; or

12         (II)b.  A hearing conducted by an administrative law

13  judge assigned by the Division of Administrative Hearings of

14  the Department of Management Services. The hearing shall be

15  conducted within 60 days after receipt of the written appeal

16  in accordance with chapter 120. The recommendation of the

17  administrative law judge shall be made to the school board. A

18  majority vote of the membership of the school board shall be

19  required to sustain or change the administrative law judge's

20  recommendation. The determination of the school board shall be

21  final as to the sufficiency or insufficiency of the grounds

22  for termination of employment.

23         Section 2.  This act shall take effect July 1, 1999.

24

25            *****************************************

26                          SENATE SUMMARY

27    Clarifies provisions that require an employee of a school
      district who is under a professional service contract and
28    who fails to demonstrate corrective action following a
      notice of unsatisfactory performance to be placed on
29    probation for 90 days. Provides for the employee to be
      evaluated to determine if the performance deficiencies
30    have been corrected. Provides for a recommendation by the
      superintendent. Provides for a hearing by the school
31    board or an administrative law judge to contest the
      superintendent's recommendation.
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