Teachers+Rights+and+Duties+Law+Notes

__FLORIDA STATUTES

Duties__ 1000.05 - Private educational institutions fall under the jurisdiction of of the Florida Education Commission if they offer diplomas (accreditation) 1012.27 - Superintendent's Duties 1012.28 - Principal's Duties (hiring, school site administration) 1012.31 - Work performance (teacher's duties - teachers must observe contract - see below) 1012.53 - What can go in your personnel file - (see below)

__Contracts__ 1012.32 - qualifications of personnel - good moral character, fingerprinting, backgroun screening regulations 1012.33 - contracts for instructional staff, supervisors and school principals. Must have a written contract with provisions for dismissal. Principal contract length cannot last longer than 3 years. 1012.34 - Assessing performance of teachers - performance of students, ability to maintain appropriate discipline, knowledge of subject matter, ability to plan and deliver instruciton and use of technology, ability to evaluate instruction.

__Personnel Files - KNOW FOR FELE__ 1012.31 - No derogatory materials unless they pertain to work performance, discipline, suspension, or dismissal under laws.No anonymous letters or materials can be included in the file. All documents pertaining to work performance must be in writing and signed by a person who has the facts or makes the judgement and placed in the file within 45 days. Employees must be given a copy via certified, return receipt mail, or personally delivered (the letter, not the eval). Derogatory material must be closed for 10 days after notification to employee, and the employee has the right to make an information inquiry to the superintendent regarding contents of file. Must be a written report of findings. Employee has the right to see the file and anyone who reviews the file must be documented. Complaints are confidential until conclusion of investigation. If no action is taken against employee, a written statement must be signed by the investigating official. If probable cause to proceed, materials are then open. Confidential items include: evaluations are confidential until the end of the school year, payroll deduction records, tax withholding status, medical records unless they relate to competency or performance. If it is a medical record relating to performance, only a judges, hearing officers or a panel. Files are open at all times to school board members, not including the above situations. Also law enforcement personnel in relation to investigation. Medical records that are off limits include psychiatric and psychological. Personnel files records, information, data, or more materials in public school systems. They are kept in the district personnel office.

__Teacher Recruitment and Retention__ 1012.05 - DOE shall post teacher vacancies, establish a database of teacher applicants that can be accessed in and out of state. Must have a state and nationwide toll-free number for recruitment. Must advertise teacher vacancies in major newspapers. Must develop and distribute promotional materials. Must give information related to certification procedures. Must develop and sponsor the Florida Future Educators throughout the state. Must have a long-range plan for recruitment and retention. Must identify best practices for retaining high-quality teachers. Must develop a plan for accessing and identifying available resources in the State's workforce system. Must have guidelines to identify best practices for mentors of new teachers. Must consult Florida Center for Reading Reseach as they develop these guidelines. Must develop and implement a first response system to provide ed. candidates a one stop shop for information for teaching careers in Florida (Teacher Lifeline Network) Develop and implement an online teacher toolkit of curriculum resources. Must establish an Educator Appreciation Week. Employee school email address must be forwarded to state twice each year. Must sponsor job fairs in central part of State. Federal and state funds may be used for teacher recruitment incentives. Flexibility and consistency must be built into

__Teacher Discipline Procedures__ 1012.79 - 1012.795 1012.796 1012.797 1012.798 1012.799


 * 1) In the discipline process, there is a progression you go through.
 * 2) Give the person a verbal warning. "I'm unhappy with x and would like it corrected."
 * 3) A written note, letter, or memorandum (not NEAT)
 * 4) Letter of Reprimand (NEAT)
 * 5) __N__otice of concern
 * 6) Outline __e__xpectations
 * 7) Provide __A__sistance
 * 8) Specify __T__ime
 * 9) Know about your collective bargaining agreements, state statutes, state board rules
 * 10) Must follow due process procedures and Just Cause
 * 11) Due process
 * 12) Substantive and procedural elements different


 * __FLORIDA ADMINISTRATIVE CODE__**

__Appeals__ 6A-1.0691

__Merit Pay__ 6A-70100 1. Calucation of the average teacher salary for each district. (1012.225) 2. Procedures for reviewing school district and charter school Merit Award Programs a. includes all instructional personnel - so substitutes, no administration b. bonuses shall equal no less than 5% and no more than 10% district's average teacher salary. 3. Participation does not require application. 4. Other bonus cannot affect and be factored in. 5. Student performance weighted no less than 60% of calculation. 6. Student performance documentation components: - individual v. team - determination based on student learnings or student proficiency or both 7. Standardized tests, End of Course, state, district or national 8. Professional practices no more than 40%. 9. Equal balance of awards based on proficiency and learning gains. 10. All staff notified of how to qualify for awards 11. Must be certified of having been approved by Superintendent, district, school 12. Reported to State on survey 5