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Amendment CaShTmL-803108.HTM
                                                  SENATE AMENDMENT
    Bill No. CS for SB 2986
    Amendment No. ___   Barcode 803108
                            CHAMBER ACTION
              Senate                               House
 1                  1a/AD/2R       .                    
       04/23/2004 03:08 PM         .                    
 2                                 .                    
 3                                 .                    
 4  ______________________________________________________________
10  ______________________________________________________________
11  Senator Constantine moved the following amendment to amendment
12  (935042):
14         Senate Amendment (with title amendment) 
15         On page 25, between lines 26 and 27,
17  insert:  
18         Section 10.  Subsection (3) of section 1012.34, Florida
19  Statutes, is amended to read:
20         1012.34  Assessment procedures and criteria.--
21         (3)  The assessment procedure for instructional
22  personnel and school administrators must be primarily based on
23  the performance of students assigned to their classrooms or
24  schools, as appropriate. Pursuant to this section, a school
25  district's performance assessment is not limited to basing
26  unsatisfactory performance of instructional personnel and
27  school administrators upon student performance, but may
28  include other criteria approved to assess instructional
29  personnel and school administrators' performance, or any
30  combination of student performance and other approved
31  criteria. The procedures must comply with, but are not limited
    3:30 PM   04/22/04                              s2986c1c-2229l

SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. ___ Barcode 803108 1 to, the following requirements: 2 (a) An assessment must be conducted for each employee 3 at least once a year. The assessment must be based upon sound 4 educational principles and contemporary research in effective 5 educational practices. The assessment must primarily use data 6 and indicators of improvement in student performance assessed 7 annually as specified in s. 1008.22 and may consider results 8 of peer reviews in evaluating the employee's performance. 9 Student performance must be measured by state assessments 10 required under s. 1008.22 and by local assessments for 11 subjects and grade levels not measured by the state assessment 12 program. The assessment criteria must include, but are not 13 limited to, indicators that relate to the following: 14 1. Performance of students. 15 2. Ability to maintain appropriate discipline. 16 3. Knowledge of subject matter. The district school 17 board shall make special provisions for evaluating teachers 18 who are assigned to teach out-of-field. 19 4. Ability to plan and deliver instruction, including 20 the use of technology in the classroom. 21 5. Ability to evaluate instructional needs. 22 6. Ability to establish and maintain a positive 23 collaborative relationship with students' families to increase 24 student achievement. 25 7. Other professional competencies, responsibilities, 26 and requirements as established by rules of the State Board of 27 Education and policies of the district school board. 28 (b) All personnel must be fully informed of the 29 criteria and procedures associated with the assessment process 30 before the assessment takes place. 31 (c) The individual responsible for supervising the 2 3:30 PM 04/22/04 s2986c1c-2229l
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. ___ Barcode 803108 1 employee must assess the employee's performance. The evaluator 2 must submit a written report of the assessment to the district 3 school superintendent for the purpose of reviewing the 4 employee's contract. The evaluator must submit the written 5 report to the employee no later than 10 days after the 6 assessment takes place. The evaluator must discuss the written 7 report of assessment with the employee. The employee shall 8 have the right to initiate a written response to the 9 assessment, and the response shall become a permanent 10 attachment to his or her personnel file. 11 (d) If an employee is not performing his or her duties 12 in a satisfactory manner, the evaluator shall notify the 13 employee in writing of such determination. The notice must 14 describe such unsatisfactory performance and include notice of 15 the following procedural requirements: 16 1. Upon delivery of a notice of unsatisfactory 17 performance, the evaluator must confer with the employee, make 18 recommendations with respect to specific areas of 19 unsatisfactory performance, and provide assistance in helping 20 to correct deficiencies within a prescribed period of time. 21 2.a. If the employee holds a professional service 22 contract as provided in s. 1012.33, the employee shall be 23 placed on performance probation and governed by the provisions 24 of this section for 90 calendar days following the receipt of 25 the notice of unsatisfactory performance to demonstrate 26 corrective action. School holidays and school vacation periods 27 are not counted when calculating the 90-calendar-day period. 28 During the 90 calendar days, the employee who holds a 29 professional service contract must be evaluated periodically 30 and apprised of progress achieved and must be provided 31 assistance and inservice training opportunities to help 3 3:30 PM 04/22/04 s2986c1c-2229l
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. ___ Barcode 803108 1 correct the noted performance deficiencies. At any time during 2 the 90 calendar days, the employee who holds a professional 3 service contract may request a transfer to another appropriate 4 position with a different supervising administrator; however, 5 a transfer does not extend the period for correcting 6 performance deficiencies. 7 b. Within 14 days after the close of the 90 calendar 8 days, the evaluator must assess whether the performance 9 deficiencies have been corrected and forward a recommendation 10 to the district school superintendent. Within 14 days after 11 receiving the evaluator's recommendation, the district school 12 superintendent must notify the employee who holds a 13 professional service contract in writing whether the 14 performance deficiencies have been satisfactorily corrected 15 and whether the district school superintendent will recommend 16 that the district school board continue or terminate his or 17 her employment contract. If the employee wishes to contest the 18 district school superintendent's recommendation, the employee 19 must, within 15 days after receipt of the district school 20 superintendent's recommendation, submit a written request for 21 a hearing. The hearing shall be conducted at the district 22 school board's election in accordance with one of the 23 following procedures: 24 (I) A direct hearing conducted by the district school 25 board within 60 days after receipt of the written appeal. The 26 hearing shall be conducted in accordance with the provisions 27 of ss. 120.569 and 120.57. A majority vote of the membership 28 of the district school board shall be required to sustain the 29 district school superintendent's recommendation. The 30 determination of the district school board shall be final as 31 to the sufficiency or insufficiency of the grounds for 4 3:30 PM 04/22/04 s2986c1c-2229l
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. ___ Barcode 803108 1 termination of employment; or 2 (II) A hearing conducted by an administrative law 3 judge assigned by the Division of Administrative Hearings of 4 the Department of Management Services. The hearing shall be 5 conducted within 60 days after receipt of the written appeal 6 in accordance with chapter 120. The recommendation of the 7 administrative law judge shall be made to the district school 8 board. A majority vote of the membership of the district 9 school board shall be required to sustain or change the 10 administrative law judge's recommendation. The determination 11 of the district school board shall be final as to the 12 sufficiency or insufficiency of the grounds for termination of 13 employment. 14 15 (Redesignate subsequent sections.) 16 17 18 ================ T I T L E A M E N D M E N T =============== 19 And the title is amended as follows: 20 On page 69, line 22, after the first semicolon, 21 22 insert: 23 amending s. 1012.34, F.S.; providing additional 24 reference to assessment criteria for 25 instructional personnel and school 26 administrators; 27 28 29 30 31 5 3:30 PM 04/22/04 s2986c1c-2229l
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