CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
690-100AXA-38 Bill No. CS/HB 751 & others
Amendment No. 22 (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 107, between lines 24 & 25,
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17 Section 43. Paragraph (a) of subsection (1), paragraph
18 (c) of subsection (4), and paragraph (b) of subsection (6) of
19 section 231.36, Florida Statutes, are amended to read:
20 231.36 Contracts with instructional staff,
21 supervisors, and principals.--
22 (1)(a) Each person employed as a member of the
23 instructional staff in any district school system shall be
24 properly certificated pursuant to s. 231.17 or employed
25 pursuant to s. 231.1725 and shall be entitled to and shall
26 receive a written contract as specified in chapter 230. All
27 such contracts, except continuing contracts as specified in
28 subsection (4), shall contain provisions for dismissal during
29 the term of the contract only for just cause, as defined by
30 rule of the State Board of Education. Just cause shall include
31 includes, but is not limited to, misconduct in office,
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File original & 9 copies 03/23/99
hbd0002 01:28 pm 00751-0027-682703
HOUSE AMENDMENT
690-100AXA-38 Bill No. CS/HB 751 & others
Amendment No. 22 (for drafter's use only)
1 incompetency, gross insubordination, willful neglect of duty,
2 or conviction of a crime involving moral turpitude.
3 (4)
4 (c) Any member of the district administrative or
5 supervisory staff and any member of the instructional staff,
6 including any principal, who is under continuing contract may
7 be suspended or dismissed at any time during the school year
8 for just cause, as defined by rule of the State Board of
9 Education; however, the charges against him or her must be
10 based on immorality, misconduct in office, incompetency, gross
11 insubordination, willful neglect of duty, drunkenness, or
12 conviction of a crime involving moral turpitude. Whenever
13 such charges are made against any such employee of the school
14 board, the school board may suspend such person without pay;
15 but, if the charges are not sustained, he or she shall be
16 immediately reinstated, and his or her back salary shall be
17 paid. In cases of suspension by the school board or by the
18 superintendent, the school board shall determine upon the
19 evidence submitted whether the charges have been sustained
20 and, if the charges are sustained, shall determine either to
21 dismiss the employee or fix the terms under which he or she
22 may be reinstated. If such charges are sustained by a
23 majority vote of the full membership of the school board and
24 such employee is discharged, his or her contract of employment
25 shall be thereby canceled. Any such decision adverse to the
26 employee may be appealed by the employee pursuant to s.
27 120.68, provided such appeal is filed within 30 days after the
28 decision of the school board.
29 (6)
30 (b) Any member of the district administrative or
31 supervisory staff, including any principal but excluding an
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hbd0002 01:28 pm 00751-0027-682703
HOUSE AMENDMENT
690-100AXA-38 Bill No. CS/HB 751 & others
Amendment No. 22 (for drafter's use only)
1 employee specified in subsection (4), may be suspended or
2 dismissed at any time during the term of the contract for just
3 cause, as defined by rule of the State Board of Education;
4 however, the charges against him or her must be based on
5 immorality, misconduct in office, incompetency, gross
6 insubordination, willful neglect of duty, drunkenness, or
7 conviction of any crime involving moral turpitude. Whenever
8 such charges are made against any such employee of the school
9 board, the school board may suspend the employee without pay;
10 but, if the charges are not sustained, he or she shall be
11 immediately reinstated, and his or her back salary shall be
12 paid. In cases of suspension by the school board or by the
13 superintendent, the school board shall determine upon the
14 evidence submitted whether the charges have been sustained
15 and, if the charges are sustained, shall determine either to
16 dismiss the employee or fix the terms under which he or she
17 may be reinstated. If such charges are sustained by a
18 majority vote of the full membership of the school board and
19 such employee is discharged, his or her contract of employment
20 shall be thereby canceled. Any such decision adverse to the
21 employee may be appealed by him or her pursuant to s. 120.68,
22 provided such appeal is filed within 30 days after the
23 decision of the school board.
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27 And the title is amended as follows:
28 On page 7, line 25, before "amending"
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31 amending s. 231.36, F.S.; providing for the
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File original & 9 copies 03/23/99
hbd0002 01:28 pm 00751-0027-682703
HOUSE AMENDMENT
690-100AXA-38 Bill No. CS/HB 751 & others
Amendment No. 22 (for drafter's use only)
1 State Board of Education to define by rule
2 conduct constituting just cause for dismissal
3 of instructional staff, supervisors, and
4 principals during the term of their contracts;
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File original & 9 copies 03/23/99
hbd0002 01:28 pm 00751-0027-682703