FLORIDA EDUCATIONAL NEGOTIATORS RENEWING ANNUAL CONTRACTS & “HOLD HARMLESS” AGREEMENTS FLORIDA EDUCATIONAL NEGOTIATORS Presented by: Douglas G. Griffin, ESQ

What are examples of 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 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. An opportunity for interviews to continue employment within the District (i.e. job fair) shall be provided for the rest of the Effective and Highly Effective employees within two (2) weeks after the close of the school year. LegalAnswerBooks.com

ARE LIMIS ON “NON-RENEWAL” LAWFUL? . . . a school board has no authority to include in a collective bargaining agreement a provision that a nontenured teacher may only be denied reappointment upon just or proper cause. Our statutes provide that the school board alone has the power and duty to dismiss its employees. Section 230.23(5), Florida Statutes (1975). Yet, the existence of a “proper cause” provision in the collective bargaining agreement with respect to the reappointment of nontenured teachers necessarily limits the exclusive authority otherwise vested by law in that board. The Practical effect of a proper cause provision is to transfer the ultimate responsibility for reappointment of nontenured teachers to an arbitrator. LegalAnswerBooks.com

ARE LIMIS ON “NON-RENEWAL” LAWFUL? It is the public policy of Florida as expressed by statute that our elected school boards shall have the exclusive prerogative to decide whether to reappoint nontenured teachers. There is nothing in the public employee bargaining provisions of Chapter 447 which suggests anything to the contrary. The courts have not hesitated to vacate an arbitration award which seeks to enforce an underlying agreement which is contrary to public policy. Lake County Ed. Ass'n v. School Bd. of Lake County, 360 So.2d 1280, 1284, 1285 (Fla. 2d DCA 1978) LegalAnswerBooks.com

Once a permissive subject is included in the agreement, may the parties insist to impasse that it continue to be included in future years? No. Even when parties agree to include a permissive subject of bargaining in a contract, that voluntary agreement does not mean that the other party may insist to impasse that the provision be continued in future negotiations. LegalAnswerBooks.com

What are some strategies for taking back provisions limiting non-renewal? GROUP DISCUSSION LegalAnswerBooks.com

What is a “Hold Harmless” Agreement, and are they lawful? “Hold Harmless” Agreements take a variety of forms, but ultimately result in a guarantee that a teacher will receive at least an “Effective” rating on the student growth portion and/or overall evaluation. Such provisions are not lawful, and may violate grant requirements. LegalAnswerBooks.com

Other than statutory and grant compliance, why should a district care about extending 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

What are some strategies for taking back “HOLD HARMLESS” provisions? GROUP DISCUSSION LegalAnswerBooks.com

FLORIDA EDUCATIONAL NEGOTIATORS RENEWING ANNUAL CONTRACTS & “HOLD HARMLESS” AGREEMENTS FLORIDA EDUCATIONAL NEGOTIATORS Presented by: Douglas G. Griffin, ESQ