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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