Florida Senate - 2021 SB 1782
By Senator Ausley
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.
18 Be It Enacted by the Legislature of the State of Florida:
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.—
(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 annual
33 contract on the basis of any contingency or condition not
34 expressly authorized in law by the Legislature or alter or limit
35 its authority to award or not award an annual contract as
36 provided in s. 1012.335. This paragraph applies only to a
37 collective bargaining agreement entered into or renewed by a
38 district 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 board and have received one or more annual
75 contracts from the district school board.
76 (c) An annual contract may be awarded only if 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
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.