SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Horne moved the following amendment to amendment

12  (594764):

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14         Senate Amendment 

15         On page 119, line 10, through page 121, line 4, delete

16  those lines

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18  and insert:

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

20  in a satisfactory manner, the evaluator shall notify the

21  employee in writing of such determination. The notice must

22  describe such unsatisfactory performance and include notice of

23  the following procedural requirements:

24         1.  Upon delivery of a notice of unsatisfactory

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

26  recommendations with respect to specific areas of

27  unsatisfactory performance, and provide assistance in helping

28  to correct deficiencies within a prescribed period of time.

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

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

31  placed on performance probation and governed by the provisions

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  of this section for 90 calendar days following from the

 2  receipt of the notice of unsatisfactory performance to

 3  demonstrate corrective action. School holidays and school

 4  vacation periods are not counted when calculating the

 5  90-calendar-day period. During the 90 calendar days, the

 6  employee who holds a professional service contract must be

 7  evaluated periodically and apprised of progress achieved and

 8  must be provided assistance and inservice training

 9  opportunities to help correct the noted performance

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

11  employee who holds a professional service contract may request

12  a transfer to another appropriate position with a different

13  supervising administrator; however, a transfer does not extend

14  the period for correcting performance deficiencies.

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

16  days, the evaluator must assess whether the performance

17  deficiencies have been corrected and forward a recommendation

18  to the superintendent. Within 14 days after receiving the

19  evaluator's recommendation, the superintendent must notify the

20  employee who holds a professional service contract in writing

21  whether the performance deficiencies have been satisfactorily

22  corrected and whether the superintendent will recommend that

23  the school board continue or terminate his or her employment

24  contract. If the employee wishes to contest the

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

26  days after receipt of the superintendent's recommendation,

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

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

29  one of the following procedures:

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  hearing shall be conducted in accordance with the provisions

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

 3  of the school board shall be required to sustain the

 4  superintendent's recommendation. The determination of the

 5  school board shall be final as to the sufficiency or

 6  insufficiency of the grounds for termination of employment; or

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

 8  judge assigned by the Division of Administrative Hearings of

 9  the Department of Management Services. The hearing shall be

10  conducted within 60 days after receipt of the written appeal

11  in accordance with chapter 120. The recommendation of the

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

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

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

15  recommendation. The determination of the school board shall be

16  final as to the sufficiency or insufficiency of the grounds

17  for termination of employment.

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