HOUSE AMENDMENT

    690-100AXA-38                      Bill No. CS/HB 751 & others

    Amendment No. 21 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Lynn and Feeney offered the following:

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13         Amendment (with title amendment) 

14         On page 106, line 9, through page 107, line 24,

15  remove from the bill:  all of said lines

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17  and insert in lieu thereof:

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

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

20  placed on performance probation and governed by the provisions

21  of this section for 90 calendar days following from the

22  receipt of the notice of unsatisfactory performance to

23  demonstrate corrective action. School holidays and school

24  vacation periods are not counted when calculating the

25  90-calendar-day period. During the 90 calendar days, the

26  employee who holds a professional service contract must be

27  evaluated periodically and apprised of progress achieved and

28  must be provided assistance and inservice training

29  opportunities to help correct the noted performance

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

31  employee who holds a professional service contract may request

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    File original & 9 copies    03/23/99
    hbd0016                     02:53 pm         00751-0027-533455




                                                   HOUSE AMENDMENT

    690-100AXA-38                      Bill No. CS/HB 751 & others

    Amendment No. 21 (for drafter's use only)





 1  a transfer to another appropriate position with a different

 2  supervising administrator; however, a transfer does not extend

 3  the period for correcting performance deficiencies.

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

 5  days, the evaluator must assess whether the performance

 6  deficiencies have been corrected and forward a recommendation

 7  to the superintendent. Within 14 days after receiving the

 8  evaluator's recommendation, the superintendent must notify the

 9  employee who holds a professional service contract in writing

10  whether the performance deficiencies have been satisfactorily

11  corrected and whether the superintendent will recommend that

12  the school board continue or terminate his or her employment

13  contract. If the employee wishes to contest the

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

15  days after receipt of the superintendent's recommendation,

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

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

18  one of the following procedures:

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

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

21  hearing shall be conducted in accordance with the provisions

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

23  of the school board shall be required to sustain the

24  superintendent's recommendation. The determination of the

25  school board shall be final as to the sufficiency or

26  insufficiency of the grounds for termination of employment; or

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

28  judge assigned by the Division of Administrative Hearings of

29  the Department of Management Services. The hearing shall be

30  conducted within 60 days after receipt of the written appeal

31  in accordance with chapter 120. The recommendation of the

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    File original & 9 copies    03/23/99
    hbd0016                     02:53 pm         00751-0027-533455




                                                   HOUSE AMENDMENT

    690-100AXA-38                      Bill No. CS/HB 751 & others

    Amendment No. 21 (for drafter's use only)





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

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

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

 4  recommendation. The determination of the school board shall be

 5  final as to the sufficiency or insufficiency of the grounds

 6  for termination of employment.

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 9  ================ T I T L E   A M E N D M E N T ===============

10  And the title is amended as follows:

11         On page 7, line 25, before "amending"

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13  insert:

14         revising provisions relating to the probation

15         of certain employees;

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    File original & 9 copies    03/23/99
    hbd0016                     02:53 pm         00751-0027-533455