2019 ANNUAL F.E.N. CONFERENCE

1. TO RENEW OR NOT TO RENEW – THAT IS THE QUESTION 2019 ANNUAL F.E.N. CONFERENCE Douglas G. Griffin, Assistant General Counsel Broward County School District

2. § 1012.335 Contracts with instructional personnel hired on or after July 1, 2011 (2) Employment.-- (a) Beginning July 1, 2011, each individual newly hired as instructional personnel by the district school board shall be awarded a probationary contract. Upon successful completion of the probationary contract, the district school board may award an annual contract pursuant to paragraph (c). (b) Beginning July 1, 2011, an annual contract may be awarded pursuant to paragraph (c) for instructional personnel who have successfully completed a probationary contract with the district school board and have received one or more annual contracts from the district school board.

3. § 1001.42 Powers and duties of school BOARD (24) Employment contracts.-- * * * (b) A district school board may not award an annual contract on the basis of any contingency or condition not expressly authorized in law by the Legislature or alter or limit its authority to award or not award an annual contract as provided in s. 1012.335. This paragraph applies only to a collective bargaining agreement entered into or renewed by a district school board on or after June 15, 2017.

4. BCSD’S CURRENT • RENEWAL LANGUAGE Reemployment: Annual contract teachers who receive an evaluation rating of Effective or Highly Effective based on the portion of the evaluation available at the time of contract renewal shall be provided an instructional position provided that a funded position for which they are certified exists at the school/department where they are currently employed. An annual contract teacher rated Highly Effective on the portion of the evaluation available at the time of contract renewal shall have the contract renewed for the following year provided a funded vacant position equivalent to their current assignment exists in the District. [note: Broward’s language has been protected by the statute’s grandfather language to date. It must be changed starting in the 2019-2020 contract]

5. MIAMI-DADE CURRENT • RENEWAL LANGUAGE Employees on annual contract, rated as effective or highly effective, will be recommended to the School Board for an annual contract by the Superintendent. Notwithstanding any provision in this article, annual contract employees, irrespective of any evaluation process or rating, shall remain subject to non-reappointment actions for a period of three years from date of hire as outlined in the OPS Procedures Manual.

6. PALM BEACH CURRENT • RENEWAL LANGUAGE SEE HANDOUT

7. ORANGE Co. CURRENT • RENEWAL LANGUAGE • Annual contract teachers shall be considered each school year for reappointment for thesubsequent school year. Recommendation of a teacher by an administrator shall be contingent upon an allocation for the subsequent school year; be in accordance with section D.3.b. and H of this Article; and contingent upon their final Summative Evaluation Score. • * * * • 2. The principal shall recommend for reappointment annual contract teachers who achieve a 3.0 or higher on their Instructional Practice score. All appointments are subject to available budget allocations at the school.

8. HILLSBOROUGH Co. CURRENT • “RENEWAL” LANGUAGE Annual Contract/Non-Probationary Teachers: Those teachers who had not gained tenure prior to July 1, 2011, but who successfully complete three years of service and have an expectation of continued employment. * * * 23.3.1 A. A Hillsborough County [3+ year annual contract] teacher may be discharged from employment for the following: 1) immorality, 2) insubordination, 3) physical or mental incapacity to perform the duties of employment, 4) persistent violation of or willful refusal to obey laws or policies relating to the public schools, 5) excessive or unreasonable absence from the performance of duties imposed by the employment, 6) dishonesty while employed, 7) conviction of a felony or any crime involving moral turpitude, or plea of guilty to a felony or any crime involving moral turpitude or, 8) unacceptable performance. Reasons for discharge shall be provided to the school board; decisions rendered by the school board are final and will not be subject to the grievance and arbitration process of this contract or any other appeal.

9. COLLIER Co. CURRENT • RENEWAL LANGUAGE EMPLOYEES shall have their annual contract renewed for the subsequent school year if the following conditions are met: a. EMPLOYEE has received final evaluation ratings of Effective or Highly Effective on the Collier Teacher Evaluation Model for the three consecutive school years immediately preceding the current school year. b. No performance or disciplinary documentation has been placed in the EMPLOYEE’s personnel file during the past twelve (12) months. c. EMPLOYEE has met all eligibility requirements related to certification, Highly Qualified status, out-of-field status, or other program needs as determined by the District. d. A position exists at the EMPLOYEE’s current school within his/her area of certification. Should a position not exist at the school for which the EMPLOYEE would otherwise be eligible for employment, the EMPLOYEE will be placed in a vacant position in the District for which he is properly certified. Should no such position exist in the District at that time, the EMPLOYEE shall have right of first consideration above outside candidates in the event a position becomes available.

10. COLLIER Co. CURRENT • RENEWAL LANGUAGE EMPLOYEES shall have their annual contract renewed for the subsequent school year if the following conditions are met (con’t): * * * e. EMPLOYEE is not currently the subject of an open criminal investigation. f. EMPLOYEE has received a final instructional practice score of 50.25 points or greater for the current school year.

11. COLLIER Co. CURRENT • RENEWAL LANGUAGE Nothing in this provision precludes the principal’s authority to recommend the renewal of an annual contract in the event these conditions are not met. An EMPLOYEE who meets the above criteria and did not have his/her contract renewed may appeal to the Executive Director of Human Resources who will review all facts surrounding the contract renewal decision. The EMPLOYEE has the right to ASSOCIATION representation at the appeal. The Executive Director of Human Resources will make a final determination on whether or not the decision to not renew the annual contract is upheld. This determination is final and shall not be subject to the grievance procedure outlined in Article 8 or any other recourse by the EMPLOYEE or ASSOCIATION on behalf of the EMPLOYEE. The District shall observe this provision in harmony with s.1012.335 F.S. pertaining to its authority to award annual contracts.

12. § 1012.335 Contracts with instructional personnel hired on or after July 1, 2011 (1) Definitions.--As used in this section, the term: (c) “Probationary contract” means an employment contract for a period of 1 school year awarded to instructional personnel upon initial employment in a school district. Probationary contract employees may be dismissed without cause or may resign without breach of contract. A district school board may not award a probationary contract more than once to the same employee unless the employee was rehired after a break in service for which an authorized leave of absence was not granted. A probationary contract shall be awarded regardless of previous employment in another school district or state.

13. DOES BOB GET A PROBATIONARY • OR ANNUAL CONTRACT? • Bob started work with your district on the first teacher workday of the 18-19 SY on a Probationary Contract. He was non-renewed effective the last teacher work day. • He was rehired in June for first teacher work day. • He was rehired in Aug. for first teacher work day. • He was rehired in Aug. for first student attendance day. • He was rehired at some later point the next year.

14. TO RENEW OR NOT TO RENEW – THAT IS THE QUESTION 2019 ANNUAL F.E.N. CONFERENCE Douglas G. Griffin, Assistant General Counsel Broward County School District