Florida Senate - 2008 SENATOR AMENDMENT
Bill No. CS for CS for SB 1914
162874
Senate
Floor: 6/RS/2R
4/30/2008 4:05 PM
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House
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Senator Deutch moved the following amendment:
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Senate Amendment (with title amendment)
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Between line(s) 1189 and 1190,
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insert:
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Section 20. Subsection (3) of section 1012.34, Florida
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Statutes, is amended to read:
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1012.34 Assessment procedures and criteria.--
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(3) The assessment procedure for instructional personnel
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and school administrators must consider be primarily based on the
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performance of students assigned to their classrooms or schools,
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as appropriate. Pursuant to this section, a school district's
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performance assessment is not limited to basing unsatisfactory
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performance of instructional personnel and school administrators
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upon student performance, but may include other criteria approved
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to assess instructional personnel and school administrators'
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performance, or any combination of student performance and other
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approved criteria. The procedures must comply with, but are not
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limited to, the following requirements:
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(a) An assessment must be conducted for each employee at
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least once a year. The assessment must be based upon sound
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educational principles and contemporary research in effective
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educational practices. The assessment must primarily use data and
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indicators of improvement in student performance assessed
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annually as specified in s. 1008.22 and may consider results of
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peer reviews in evaluating the employee's performance. Student
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performance must be measured by state assessments required under
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s. 1008.22 and by local assessments for subjects and grade levels
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not measured by the state assessment program. The assessment
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criteria must include, but are not limited to, indicators that
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relate to the following:
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1. Performance of students.
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2. Ability to maintain appropriate discipline.
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3. Knowledge of subject matter. The district school board
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shall make special provisions for evaluating teachers who are
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assigned to teach out-of-field.
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4. Ability to plan and deliver instruction and the use of
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technology in the classroom.
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5. Ability to evaluate instructional needs.
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6. Ability to establish and maintain a positive
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collaborative relationship with students' families to increase
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student achievement.
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7. Other professional competencies, responsibilities, and
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requirements as established by rules of the State Board of
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Education and policies of the district school board.
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(b) All personnel must be fully informed of the criteria
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and procedures associated with the assessment process before the
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assessment takes place.
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(c) The individual responsible for supervising the employee
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must assess the employee's performance. The evaluator must submit
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a written report of the assessment to the district school
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superintendent for the purpose of reviewing the employee's
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contract. The evaluator must submit the written report to the
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employee no later than 10 days after the assessment takes place.
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The evaluator must discuss the written report of assessment with
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the employee. The employee shall have the right to initiate a
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written response to the assessment, and the response shall become
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a permanent attachment to his or her personnel file.
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(d) If an employee is not performing his or her duties in a
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satisfactory manner, the evaluator shall notify the employee in
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writing of such determination. The notice must describe such
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unsatisfactory performance and include notice of the following
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procedural requirements:
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1. Upon delivery of a notice of unsatisfactory performance,
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the evaluator must confer with the employee, make recommendations
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with respect to specific areas of unsatisfactory performance, and
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provide assistance in helping to correct deficiencies within a
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prescribed period of time.
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2.a. If the employee holds a professional service contract
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as provided in s. 1012.33, the employee shall be placed on
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performance probation and governed by the provisions of this
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section for 90 calendar days following the receipt of the notice
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of unsatisfactory performance to demonstrate corrective action.
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School holidays and school vacation periods are not counted when
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calculating the 90-calendar-day period. During the 90 calendar
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days, the employee who holds a professional service contract must
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be evaluated periodically and apprised of progress achieved and
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must be provided assistance and inservice training opportunities
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to help correct the noted performance deficiencies. At any time
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during the 90 calendar days, the employee who holds a
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professional service contract may request a transfer to another
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appropriate position with a different supervising administrator;
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however, a transfer does not extend the period for correcting
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performance deficiencies.
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b. Within 14 days after the close of the 90 calendar days,
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the evaluator must assess whether the performance deficiencies
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have been corrected and forward a recommendation to the district
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school superintendent. Within 14 days after receiving the
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evaluator's recommendation, the district school superintendent
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must notify the employee who holds a professional service
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contract in writing whether the performance deficiencies have
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been satisfactorily corrected and whether the district school
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superintendent will recommend that the district school board
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continue or terminate his or her employment contract. If the
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employee wishes to contest the district school superintendent's
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recommendation, the employee must, within 15 days after receipt
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of the district school superintendent's recommendation, submit a
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written request for a hearing. The hearing shall be conducted at
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the district school board's election in accordance with one of
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the following procedures:
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(I) A direct hearing conducted by the district school board
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within 60 days after receipt of the written appeal. The hearing
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shall be conducted in accordance with the provisions of ss.
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120.569 and 120.57. A majority vote of the membership of the
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district school board shall be required to sustain the district
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school superintendent's recommendation. The determination of the
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district school board shall be final as to the sufficiency or
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insufficiency of the grounds for termination of employment; or
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(II) A hearing conducted by an administrative law judge
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assigned by the Division of Administrative Hearings of the
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Department of Management Services. The hearing shall be conducted
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within 60 days after receipt of the written appeal in accordance
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with chapter 120. The recommendation of the administrative law
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judge shall be made to the district school board. A majority vote
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of the membership of the district school board shall be required
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to sustain or change the administrative law judge's
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recommendation. The determination of the district school board
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shall be final as to the sufficiency or insufficiency of the
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grounds for termination of employment.
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================ T I T L E A M E N D M E N T ================
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And the title is amended as follows:
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On line(s) 101, after the first semicolon,
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insert:
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amending s. 1012.34, F.S.; requiring that the assessment
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procedure for instructional personnel and school
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administrators must consider the performance of students
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assigned to the classrooms or schools;
4/25/2008 4:49:00 PM 30-08776-08
CODING: Words stricken are deletions; words underlined are additions.