Bill Text: FL S1782 | 2021 | Regular Session | Introduced
Bill Title: Contracts for Instructional Personnel
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-04-30 - Died in Education [S1782 Detail]
Download: Florida-2021-S1782-Introduced.html
Florida Senate - 2021 SB 1782 By Senator Ausley 3-01558A-21 20211782__ 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 district school boards awarding annual 5 contracts on the basis of unauthorized contingencies 6 or conditions; deleting a prohibition on district 7 school boards altering or limiting their authority to 8 award or not award an annual contract; amending s. 9 1012.335, F.S.; defining the term “extended contract”; 10 authorizing the district school board to award an 11 extended contract to certain instructional personnel; 12 providing how extended contracts may be awarded; 13 providing a remedy for the violation of an extended 14 contract; authorizing the suspension or dismissal of 15 personnel on an extended contract under certain 16 circumstances; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Subsection (24) of section 1001.42, Florida 21 Statutes, is amended to read: 22 1001.42 Powers and duties of district school board.—The 23 district school board, acting as a board, shall exercise all 24 powers and perform all duties listed below: 25 (24) EMPLOYMENT CONTRACTS.— 26(a)If a school district enters into a contract or 27 employment agreement, or renewal or renegotiation of an existing 28 contract or employment agreement, with an officer, agent, 29 employee, or contractor which contains a provision for severance 30 pay, the contract or employment agreement must include the 31 provisions of s. 215.425. 32(b) A district school board may not award an annual33contract on the basis of any contingency or condition not34expressly authorized in law by the Legislature or alter or limit35its authority to award or not award an annual contract as36provided in s. 1012.335. This paragraph applies only to a37collective bargaining agreement entered into or renewed by a38district school board on or after June 15, 2017.39 Section 2. Subsections (1) through (4) of section 1012.335, 40 Florida Statutes, are amended to read: 41 1012.335 Contracts with instructional personnel hired on or 42 after July 1, 2011.— 43 (1) DEFINITIONS.—As used in this section, the term: 44 (a) “Annual contract” means an employment contract for a 45 period of no longer than 1 school year which the district school 46 board may choose to award or not award without cause. 47 (b) “Extended contract” means an employment contract with 48 the district school board for a period longer than 1 year, not 49 to exceed 3 years. 50 (c)(b)“Instructional personnel” means instructional 51 personnel as defined in s. 1012.01(2)(a)-(d), excluding 52 substitute teachers. 53 (d)(c)“Probationary contract” means an employment contract 54 for a period of 1 school year awarded to instructional personnel 55 upon initial employment in a school district. Probationary 56 contract employees may be dismissed without cause or may resign 57 without breach of contract. A district school board may not 58 award a probationary contract more than once to the same 59 employee unless the employee was rehired after a break in 60 service for which an authorized leave of absence was not 61 granted. A probationary contract shall be awarded regardless of 62 previous employment in another school district or state. 63 (2) EMPLOYMENT.— 64 (a)Beginning July 1, 2011,Each individual newly hired as 65 instructional personnel by the district school board shall be 66 awarded a probationary contract. Upon successful completion of 67 the probationary contract, the district school board may award 68 an annual contract pursuant to paragraph (c) or an extended 69 contract pursuant to paragraph (d). 70 (b)Beginning July 1, 2011,An annual contract may be 71 awarded pursuant to paragraph (c) or an extended contract may be 72 awarded pursuant to paragraph (d) for instructional personnel 73 who have successfully completed a probationary contract with the 74 district school boardand have received one or more annual75contracts from the district school board. 76 (c) An annual contract may be awardedonlyif the employee: 77 1. Holds an active professional certificate or temporary 78 certificate issued pursuant to s. 1012.56 and rules of the State 79 Board of Education. 80 2. Has been recommended by the district school 81 superintendent for the annual contract based upon the 82 individual’s evaluation under s. 1012.34 and approved by the 83 district school board. 84 3. Has not received two consecutive annual performance 85 evaluation ratings of unsatisfactory, two annual performance 86 evaluation ratings of unsatisfactory within a 3-year period, or 87 three consecutive annual performance evaluation ratings of needs 88 improvement or a combination of needs improvement and 89 unsatisfactory under s. 1012.34. 90 (d)1. An extended contract may be awarded if the employee: 91 a. Holds an active professional certificate issued pursuant 92 to s. 1012.56 and the rules of the State Board of Education; and 93 b. Has received an annual performance evaluation rating of 94 effective or highly effective and has not received a rating of 95 unsatisfactory within a 3-year period. 96 2. The contract term shall be determined by the school 97 district. A contract may exceed 1 year but may not exceed 3 98 years. 99 3. Contract terms determined pursuant to this paragraph are 100 subject to approval by the district school superintendent or his 101 or her designee. 102 (3) VIOLATION OF ANNUAL OR EXTENDED CONTRACT.—Instructional 103 personnel who accept a written offer from the district school 104 board and who leave their positions without prior release from 105 the district school board are subject to the jurisdiction of the 106 Education Practices Commission. 107 (4) SUSPENSION OR DISMISSAL OF INSTRUCTIONAL PERSONNEL ON 108 ANNUAL CONTRACT OR ON EXTENDED CONTRACT.—Any instructional 109 personnel with an annual contract or extended contract may be 110 suspended or dismissed at any time during the term of the 111 contract for just cause as provided in subsection (5). The 112 district school board shall notify the employee in writing 113 whenever charges are made and may suspend such person without 114 pay. However, if the charges are not sustained, the employee 115 shall be immediately reinstated and his or her back pay shall be 116 paid. If the employee wishes to contest the charges, he or she 117 must, within 15 days after receipt of the written notice, submit 118 a written request for a hearing to the district school board. A 119 direct hearing shall be conducted by the district school board 120 or a subcommittee thereof within 60 days after receipt of the 121 written appeal. The hearing shall be conducted in accordance 122 with ss. 120.569 and 120.57. A majority vote of the membership 123 of the district school board shall be required to sustain the 124 district school superintendent’s recommendation. The district 125 school board’s determination is final as to the sufficiency or 126 insufficiency of the grounds for suspension without pay or 127 dismissal. Any such decision adverse to the employee may be 128 appealed by the employee pursuant to s. 120.68. 129 Section 3. This act shall take effect July 1, 2021.