Florida Senate - 2022                                    SB 1592
       
       
        
       By Senator Berman
       
       
       
       
       
       31-01189B-22                                          20221592__
    1                        A bill to be entitled                      
    2         An act relating to contracts for instructional
    3         personnel; amending s. 1001.42, F.S.; deleting a
    4         prohibition on the awarding of certain annual
    5         contracts by district school boards on the basis of
    6         unauthorized contingencies or conditions; amending s.
    7         1012.335, F.S.; requiring that the annual contract of
    8         instructional personnel who meet certain criteria be
    9         renewed; providing an exception; providing
   10         responsibilities for district school superintendents
   11         who exercise certain authority; making technical
   12         changes; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (24) of section 1001.42, Florida
   17  Statutes, is amended to read:
   18         1001.42 Powers and duties of district school board.—The
   19  district school board, acting as a board, shall exercise all
   20  powers and perform all duties listed below:
   21         (24) EMPLOYMENT CONTRACTS.—
   22         (a) If a school district enters into a contract or
   23  employment agreement, or renewal or renegotiation of an existing
   24  contract or employment agreement, with an officer, agent,
   25  employee, or contractor which contains a provision for severance
   26  pay, the contract or employment agreement must include the
   27  provisions of s. 215.425.
   28         (b) A district school board may not award an annual
   29  contract on the basis of any contingency or condition not
   30  expressly authorized in law by the Legislature or alter or limit
   31  its authority to award or not award an annual contract as
   32  provided in s. 1012.335. This paragraph applies only to a
   33  collective bargaining agreement entered into or renewed by a
   34  district school board on or after June 15, 2017.
   35         Section 2. Subsection (2) of section 1012.335, Florida
   36  Statutes, is amended to read:
   37         1012.335 Contracts with instructional personnel hired on or
   38  after July 1, 2011.—
   39         (2) EMPLOYMENT.—
   40         (a) Beginning July 1, 2011, Each individual newly hired as
   41  instructional personnel by the district school board shall be
   42  awarded a probationary contract. Upon successful completion of
   43  the probationary contract, the district school board may award
   44  an annual contract pursuant to paragraph (c).
   45         (b) Beginning July 1, 2011, An annual contract may be
   46  awarded pursuant to paragraph (c) for instructional personnel
   47  who have successfully completed a probationary contract with the
   48  district school board and have received one or more annual
   49  contracts from the district school board.
   50         (c) An annual contract may be awarded only if the employee:
   51         1. Holds an active professional certificate or temporary
   52  certificate issued pursuant to s. 1012.56 and rules of the State
   53  Board of Education.
   54         2. Has been recommended by the district school
   55  superintendent for the annual contract based upon the
   56  individual’s evaluation under s. 1012.34 and approved by the
   57  district school board.
   58         3. Has not received two consecutive annual performance
   59  evaluation ratings of unsatisfactory, two annual performance
   60  evaluation ratings of unsatisfactory within a 3-year period, or
   61  three consecutive annual performance evaluation ratings of needs
   62  improvement or a combination of needs improvement and
   63  unsatisfactory under s. 1012.34.
   64         (d) Instructional personnel who receive an effective or
   65  highly effective rating at the conclusion of a contract year and
   66  are not the subject of any unresolved disciplinary action must
   67  have their contract renewed for the following school year unless
   68  the district school superintendent exercises his or her final
   69  authority to make a determination that the contract be
   70  nonrenewed, in which case the superintendent must provide in
   71  writing to the nonrenewed individual the reason for the
   72  nonrenewal.
   73         Section 3. This act shall take effect July 1, 2022.