SENATE AMENDMENT

    Bill No. CS for SB 1646

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Horne moved the following amendment:

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13         Senate Amendment 

14         On page 27, line 21, through page 29, line 16, delete

15  those lines

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17  and insert:

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

19  in a satisfactory manner, the evaluator shall notify the

20  employee in writing of such determination. The notice must

21  describe such unsatisfactory performance and include notice of

22  the following procedural requirements:

23         1.  Upon delivery of a notice of unsatisfactory

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

25  recommendations with respect to specific areas of

26  unsatisfactory performance, and provide assistance in helping

27  to correct deficiencies within a prescribed period of time.

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

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

30  placed on performance probation and governed by the provisions

31  of this section for 90 calendar days following from the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1646

    Amendment No.    





 1  receipt of the notice of unsatisfactory performance to

 2  demonstrate corrective action. School holidays and school

 3  vacation periods are not counted when calculating the

 4  90-calendar-day period. During the 90 calendar days, the

 5  employee who holds a professional service contract must be

 6  evaluated periodically and apprised of progress achieved and

 7  must be provided assistance and inservice training

 8  opportunities to help correct the noted performance

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

10  employee who holds a professional service contract may request

11  a transfer to another appropriate position with a different

12  supervising administrator; however, a transfer does not extend

13  the period for correcting performance deficiencies.

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

15  days, the evaluator must assess whether the performance

16  deficiencies have been corrected and forward a recommendation

17  to the superintendent. Within 14 days after receiving the

18  evaluator's recommendation, the superintendent must notify the

19  employee who holds a professional service contract in writing

20  whether the performance deficiencies have been satisfactorily

21  corrected and whether the superintendent will recommend that

22  the school board continue or terminate his or her employment

23  contract. If the employee wishes to contest the

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

25  days after receipt of the superintendent's recommendation,

26  submit a written request for a hearing. Such hearing shall be

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

28  one of the following procedures:

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

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

31  hearing shall be conducted in accordance with the provisions

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1646

    Amendment No.    





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

 2  of the school board shall be required to sustain the

 3  superintendent's recommendation. The determination of the

 4  school board shall be final as to the sufficiency or

 5  insufficiency of the grounds for termination of employment; or

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

 7  judge assigned by the Division of Administrative Hearings of

 8  the Department of Management Services. The hearing shall be

 9  conducted within 60 days after receipt of the written appeal

10  in accordance with chapter 120. The recommendation of the

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

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

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

14  recommendation. The determination of the school board shall be

15  final as to the sufficiency or insufficiency of the grounds

16  for termination of employment.

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