FLORIDA EDUCATIONAL NEGOTIATORS PERFORMANCE v. BEHAVIORS IN TEACHER EVALUATIONS FLORIDA EDUCATIONAL NEGOTIATORS Presented by: Douglas G. Griffin, ESQ

Section § 1012.33 Fla. Stat. Section § 1012.33 Fla. Stat. provides: (1). . . . All [psc] contracts, . . ., shall contain provisions for dismissal during the term of the contract only for just cause. Just cause includes, but is not limited to, the following instances, as defined by rule of the State Board of Education: immorality, misconduct in office, incompetency, two consecutive annual performance evaluation ratings of unsatisfactory under s. 1012.34, two annual performance evaluation ratings of unsatisfactory within a 3-year period under s. 1012.34, three consecutive annual performance evaluation ratings of needs improvement or a combination of needs improvement and unsatisfactory under s. 1012.34, gross insubordination, willful neglect of duty, or being convicted or found guilty of, or entering a plea of guilty to, regardless of adjudication of guilt, any crime involving moral turpitude. LegalAnswerBooks.com

Section § 1012.34 Fla. Stat. Section § 1012.34 Fla. Stat. provides: A performance evaluation must be conducted for each employee at least once a year. The evaluation criteria must include: 1. At least one-third of a performance evaluation must be based upon data and indicators of student performance . 2. At least one-third of the performance evaluation must be based upon instructional practice. . . . 3. The remainder of a performance evaluation may include, but is not limited to, professional and job responsibilities as recommended adopted by the State Board of Education or identified by the district school board and, for instructional personnel, peer reviews, objectively reliable survey information from students and parents based on teaching practices that are consistently associated with higher student achievement, and other valid and reliable measures of instructional practice. LegalAnswerBooks.com

Section § 1012.34 Fla. Stat. Section § 1012.34 Fla. Stat. provides: (b)1. The employee who holds a professional service contract shall be placed on performance probation and governed by the provisions of this section for 90 calendar days following the receipt of the notice of unsatisfactory performance to demonstrate corrective action. . . . At any time during the 90 calendar days, the employee who holds a professional service contract may request a transfer to another appropriate position with a different supervising administrator; however, if a transfer is granted pursuant to ss. 1012.27(1) and 1012.28(6), it does not extend the period for correcting performance deficiencies. LegalAnswerBooks.com

Rule 6A-5.056, F.A.C. Rule 6A-5.056, F.A.C. provides: (3) “Incompetency” means the inability, failure or lack of fitness to discharge the required duty as a result of inefficiency or incapacity. (a) “Inefficiency” means one or more of the following: 1. Failure to perform duties prescribed by law; 2. Failure to communicate appropriately with and relate to students; 3. Failure to communicate appropriately with and relate to colleagues, administrators, subordinates, or parents; 4. Disorganization of his or her classroom to such an extent that the health, safety or welfare of the students is diminished; or 5. Excessive absences or tardiness.

DOAH ANALYSIS District may not terminate for failure to remediate after a pdp initiated based on an unsatisfactory Instructional Practice score alone. District must at least address the weight given to student growth scores. Probably means that, if the district wants to terminate for failure to remediate pursuant § 1012.34, safest practice is to terminate for failure to remediate after a pdp initiated based on an overall unsatisfactory score. MIAMI-DADE COUNTY SCHOOL BOARD v. ELIZABETH KRISTAL, 2014 WL 116105 (Fla.Div.Admin.Hrgs.) LegalAnswerBooks.com

DOAH ANALYSIS Regardless of whether district establishes failure to remediate under 1012.34, the district may prevail if the evidence establishes that Respondent failed to perform duties prescribed by 1012.53. Respondent's serious, repeated performance deficiencies may prove that she did not work diligently and faithfully to, and did not succeed in, helping her students meet or exceed the annual learning goals they were supposed to meet as prescribed by curriculum and lesson plans. It may also establish that she failed to work diligently and faithfully to help them meet state and local achievement requirements. MIAMI-DADE COUNTY SCHOOL BOARD v. ELIZABETH KRISTAL, 2014 WL 116105 (Fla.Div.Admin.Hrgs.) LegalAnswerBooks.com

WHAT ARE THE “CHARGES” OF A TYPICAL POOR PERFORMANCE COMPLAINT 1012.34 Failure to Remediate after 90 days. 1012.33 Incompetence/Inefficiency. 1012.33 Misconduct in Office 1012.53 Failure to perform duties prescribed by rules of the district school board. The rules shall include, but are not limited to, rules relating to a teacher's duty to help students master challenging standards and meet all state and local requirements for achievement. 1012.33 “Just Cause” LegalAnswerBooks.com

What is a common evaluation framework? Instructional Practice (33% - 67%) Domain 1 - Lesson Segments (68% of IP score) Domain 2 - Planning and Preparing Domain 3 - Reflecting on Teaching Domain 4 - Collegiality and Professionalism Student Growth (33% - 67%) LegalAnswerBooks.com

WHICH OF THE FOLLOWING SHOULD BE CHARGED AS PERFORMANCE DEFICIENCY AND WHICH AS MISCONDUCT? Failure to complete lesson plans. Failure to Implement IEP/ESOL Accomodations. Verbal Abuse of colleagues. Verbal Abuse of Students. Poor Attendance. LegalAnswerBooks.com

WHEN SHOULD AN ADMINISTRATOR ADDRESS A FAILURE BY EVALUATION v WHEN SHOULD AN ADMINISTRATOR ADDRESS A FAILURE BY EVALUATION v. TRADITIONAL DISCIPLINE? •Initial Incident of misconduct = Datamark •Subsequent Incident (same or different from initial incident) - Meet to share Concerns/Expectations = Issue Summary Memo and Datamark •Third Incident (same or different from previous incidents) •3 day Notice for a Pre-Disciplinary Meeting •Conduct Pre-Disciplinary Meeting •If Verbal Reprimand/Suspension – NO Datamark (follow Progressive Discipline Guidelines) LegalAnswerBooks.com

WHAT IS THE IMPACT OF A “HOLD HARMLESS” AGREEMENT District may not terminate for failure to remediate after a pdp initiated based on an unsatisfactory Instructional Practice score alone. District must at least address the weight given to student growth scores. Probably means that, if the district wants to terminate for failure to remediate pursuant § 1012.34, safest practice is to terminate for failure to remediate after a pdp initiated based on an overall unsatisfactory score. MIAMI-DADE COUNTY SCHOOL BOARD v. ELIZABETH KRISTAL, 2014 WL 116105 (Fla.Div.Admin.Hrgs.) LegalAnswerBooks.com

FLORIDA EDUCATIONAL NEGOTIATORS PERFORMANCE v. BEHAVIORS IN TEACHER EVALUATIONS FLORIDA EDUCATIONAL NEGOTIATORS Presented by: Douglas G. Griffin, ESQ