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The Committee on Education Pre-K - 12 (Gaetz) recommended the

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following amendment:

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     Senate Amendment

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     Delete line(s) 1013-1083

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and insert:

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(1)(a)  Each person employed as a member of the instructional

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staff in any district school system shall be properly certified

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pursuant to s. 1012.56 or s. 1012.57 or employed pursuant to s.

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1012.39 and shall be entitled to and shall receive a written

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contract as specified in this section. All such contracts,

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except continuing contracts as specified in subsection (4),

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shall contain provisions for dismissal during the term of the

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contract only for just cause. Just cause includes, but is not

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limited to, the following instances, as defined by district

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school board policy or rules rule of the State Board of

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Education: immorality, misconduct in office, incompetency, gross

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insubordination, willful neglect of duty, or the commission of a

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criminal or delinquent act, regardless of adjudication, and a

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crimes involving moral turpitude.

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     (4)

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     (c)  Any member of the district administrative or

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supervisory staff and any member of the instructional staff,

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including any school principal, who is under continuing contract

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may be suspended or dismissed at any time during the school

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year; however, the charges against him or her must be based on

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immorality, misconduct in office, incompetency, gross

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insubordination, willful neglect of duty, drunkenness, or and

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conviction of a crimes involving moral turpitude, as these terms

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are defined by district school board policy or rules rule of the

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State Board of Education, or the commission of a criminal or

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delinquent act, regardless of adjudication. Whenever such

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charges are made against any such employee of the district

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school board, the district school board may suspend such person

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without pay; but, if the charges are not sustained, he or she

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shall be immediately reinstated, and his or her back salary

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shall be paid. In cases of suspension by the district school

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board or by the district school superintendent, the district

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school board shall determine upon the evidence submitted whether

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the charges have been sustained and, if the charges are

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sustained, shall determine either to dismiss the employee or fix

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the terms under which he or she may be reinstated. If such

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charges are sustained by a majority vote of the full membership

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of the district school board and such employee is discharged,

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his or her contract of employment shall be thereby canceled. Any

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such decision adverse to the employee may be appealed by the

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employee pursuant to s. 120.68, provided such appeal is filed

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within 30 days after the decision of the district school board.

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     (6)

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     (b)  Any member of the district administrative or

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supervisory staff, including any principal but excluding an

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employee specified in subsection (4), may be suspended or

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dismissed at any time during the term of the contract; however,

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the charges against him or her must be based on immorality,

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misconduct in office, incompetency, gross insubordination,

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willful neglect of duty, drunkenness, or conviction of any and

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crimes involving moral turpitude, as these terms are defined by

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district school board policy or rules rule of the State Board of

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Education. Whenever such charges are made against any such

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employee of the district school board, the district school board

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may suspend the employee without pay; but, if the charges are

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not sustained, he or she shall be immediately reinstated, and

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his or her back salary shall be paid. In cases of suspension by

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the district school board or by the district school

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superintendent, the district school board shall determine upon

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the evidence submitted whether the charges have been sustained

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and, if the charges are sustained, shall determine either to

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dismiss the employee or fix the terms under which he or she may

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be reinstated. If such charges are sustained by a majority vote

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of the full membership of the district school board and such

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employee is discharged, his or her contract of employment shall

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be thereby canceled. Any such decision adverse to the employee

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may be appealed by him or her pursuant to s. 120.68, provided

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such appeal is filed within 30 days after the decision of the

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district school board.

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2/5/2008  7:47:00 AM     ED.ED.03886