CHAPTER 8

INSTRUCTIONAL PERSONNEL POLICIES

SCHOOL BOARD OF OKALOOSA COUNTY

TABLE OF CONTENTS Page 08-00 INSTRUCTIONAL PERSONNEL POLICIES ……………...……………………….. 1 08-01 INSTRUCTIONAL PERSONNEL DEFINED ......................................................... 2 08-02 APPOINTMENT AND REAPPOINTMENT .......................................................... 3 08-03 INITIAL EMPLOYMENT ....................................................................................... 4 08-04 ACCEPTANCE OF APPOINTMENT .................................................................... 5 08-05 PREREQUISITES FOR SALARY PAYMENT ....................................................... 6 08-06 TEST REQUIREMENTS ...................................................................................... 7 08-07 REQUIREMENTS FOR INSTRUCTIONAL .......................................................... 8 PERSONNEL 08-08 NEW TEACHER INDUCTION PROGRAM ......................................................... 12 08-09 DUTIES, ETHICS, PROFESSIONAL CONDUCT ............................................... 13 08-10 CONTRACTS WITH INSTRUCTIONAL PERSONNEL ...................................... 23 08-11 REVOCATION OF CERTIFICATES ................................................................... 29 08-12 EVALUATION OF INSTRUCTIONAL PERSONNEL .......................................... 30

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08-00 INSTRUCTIONAL PERSONNEL POLICIES The policies in this chapter apply to employees of the School Board of Okaloosa County and can be modified only by a collective bargaining agreement in force or by action taken by the Board according to law. Refer to the “Personnel Procedures” Document for specific procedural information. Funding for personnel positions is approved by the Board prior to recommendation for reappointment each year. The Board expects to employ and retain the highest qualified employees who devote themselves to the education and welfare of students and who faithfully and effectively support and improve the quality of services in accordance with the district’s overall mission.

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08-01 INSTRUCTIONAL PERSONNEL DEFINED (A) Instructional personnel shall mean any member of the instructional staff as

defined by regulations of the State Board and Master Contract. Statutory Authority: Sections 1001.41(2); 1012.23(1); Florida Statutes Laws Implemented: Sections 1012.01(2); 1012.32, Florida Statutes Adopted: 11/16/99 Reviewed: 7/13/15

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08-02 APPOINTMENT AND REAPPOINTMENT OF INSTRUCTIONAL PERSONNEL All instructional personnel shall be appointed as prescribed by law. (A) The Superintendent shall submit in writing to the Board a nomination to fill an

instructional vacancy within a reasonable time after the vacancy occurs. (B) All nominations for reappointment of members of the instructional staff shall be

made after conferring with the principals and shall be submitted in writing to the Board no later than one (1) month after the end of the regular legislative session.

(C) The Board shall act on nominations for instructional personnel no later than June

30th. Statutory Authority: Sections 1001.41(2); 1001.42 (27); 1012.23(1), Florida Statutes Law Implemented: Sections 1012.22; 1012.27, Florida Statutes Adopted: 11/16/99 Revised: 7/13/15

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08-03 INITIAL EMPLOYMENT The following procedures shall be observed: (A) The applicant shall be eligible for a Florida Educator's Certificate. (B) The "Personnel Procedures" will be followed as applicants are interviewed and

hired. (C) A principal shall recommend to the Superintendent any instructional staff

member for a position in his/her school; however, such recommendation shall be advisory in nature and shall not be binding on the Superintendent. The Superintendent shall present the recommendation to the Board.

(D) A principal will submit a “Recommendation for Employment” to the Human

Resources Department. The newly hired teacher will complete the hiring process outlined in the “Personnel Procedures.”

Statutory Authority: Section 1001.41(2), Florida Statutes Laws Implemented: Section 1012.23(1), Florida Statutes Adopted: 11/16/99 Revised: 7/13/15

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08-04 ACCEPTANCE OF APPOINTMENT (A) Failure to signify acceptance of appointment within fourteen (14) days after

receipt of the official notice of appointment shall be considered a rejection of the offer and the position shall be declared vacant.

Statutory Authority: Section 1001.41(2), Florida Statutes Laws Implemented: Section 1012.23(1), Florida Statutes Adopted: 11/16/99 Reviewed: 7/13/15

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08-05 PREREQUISITES FOR SALARY PAYMENT (A) Prior to the payment of any salary warrant, the procedures specified in the

“Personnel Procedures” will be completed. Statutory Authority: Section 1001.41(2), Florida Statutes Laws Implemented: Section 1012.23(1), Florida Statutes Adopted: 11/16/99 Revised: 7/13/15

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08-06 TEST REQUIREMENTS (A) Teachers hired in the School District of Okaloosa County shall pass all portions

of the Florida Teacher Certification Examinations as required for certification and/or Highly Qualified purposes.

Statutory Authority: Sections 1001.41(2); 1012.23(1), Florida Statutes Laws Implemented: Section 1012.56, Florida Statutes Adopted: 11/16/99 Revised: 7/13/15

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08-07 REQUIREMENTS FOR INSTRUCTIONAL PERSONNEL (A) Requirements for Certification and Extension of Certificates (1) Each member of the instructional staff must hold a valid Florida teaching

certificate issued by the Florida Department of Education except as provided in State Board of Education Rules 6A-1.0502 and 6A-1.0503 or must be eligible for district employment as provided in Fla. Stat. §1012.39.

(2) The Department of Education shall issue a certificate covering the

appropriate subject or field to any person possessing the qualifications prescribed by rules of the State Board. The district shall determine employment eligibility for non-degreed career programs, adult education programs, and substitute teachers as provided in Fla. Stat. §1012.39.

(3) Each teacher must register their certificate, each extension, and renewal

of their certificate in the Human Resources Department. (4) The district shall issue part-time adult certificates, professional certificates

in non-degreed vocational areas, and renewals of non-degreed vocational areas, following guidelines in the “Personnel Procedures”.

(5) If a certified teacher changes his/her name, the change must be made on

the certificate by the State Department of Education and the change on the certificate must be recorded in the Human Resources Department.

(6) No teaching contract shall be approved and/or any salary warrant issued

to any person who does not hold a valid certificate, or who has not been verified by the district as eligible for employment.

(7) A member of the instructional staff needing assistance in matters

pertaining to certification should contact the Human Resources Department.

Statutory Authority: Sections 1001.41(2); 1012.23(1), Florida Statutes Laws Implemented: Sections 1012.39; 1012.55; 1012.56, Florida Statutes State Board of Education Rules: 6A-1.0502; 6A-1.0503 Adopted: 11/16/99 Revised: 3/10/08; 7/13/15 (B) Requirements for Non-Certificated Instructional Personnel

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The school district recognizes there are persons who possess expert skills or knowledge of a particular subject/talent but do not hold a Florida Teaching Certificate. The Board adopts the following policies to ensure that the CHOICE/ Career & Technical Education program may utilize such expert persons.

The following shall apply to non-certified instructional personnel to include those hired for the CHOICE/Career & Technical Education program.

(1) Age requirements shall be the same as those required for certificated

instructional personnel.

(2) Non-certificated instructors are employed on the basis of job skill, therefore minimum requirements are: they hold a high school diploma and six years of experience in their field OR a Bachelor’s Degree and two years of experience in their field. Part-time experience is acceptable if 451 clock hours are earned in a 365 day period. No more than one (1) year of experience may be earned in a 365 day period. In addition to the preceding, CHOICE/Career & Technical Education instructors are required to earn and maintain the current industry certification(s)/license(s) for the program(s) in which they teach.

(3) CHOICE/Career & Technical Education instructors will be required to take

the Test of Adult Basic Education (TABE) test and score a minimum of 12.9 in the areas of mathematics and language arts within one year of the date of hire. Individuals who hold an AS, AA, BA, or BS degree from an accredited post-secondary institution, are not required to take the TABE test.

(4) Employment procedures shall be the same as those followed for

certificated instructional personnel. They shall be recommended for probationary contract until they receive one year of teaching credit and all subsequent contracts will be annual contracts.

(5) Personnel records of the district shall contain information considered

necessary by the School Board to establish the specialty of the individual and a statement of the instructional duties assigned to and performed by such person.

(6) The official salary schedule shall be as per the instructional salary

schedule of the Okaloosa County School District Master Contract.

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(7) Assignment, suspension, and dismissal shall follow the procedures put forth in the Okaloosa County School District Master Contract for instructional personnel.

(8) Assessment of performance shall follow the guidelines in the Teacher

Evaluation Handbook, an addendum of the Okaloosa County School District Master Contract for instructional personnel.

(9) Florida State Board of Education Rule 6A-1.0502 requires the following:

Procedures for assuring that each CHOICE/Career & Technical Education instructor who at any time is expected to assume responsibility for the health, safety, and welfare of pupils possesses, in advance of assuming the responsibility, a clear understanding of state and district rules and policies relevant to instructional responsibilities. When assigned duties that require knowledge of rules or policies of a special nature, the policies shall specify that the person occupying a specifically named position is responsible to ascertain that the person possesses, in advance of assuming the duties, the necessary knowledge to perform such duties in a proper and reasonable manner.

Compliance with this portion of the statute will be addressed through notice and receipt of the Loyalty Oath, Equity Policy, Code of Ethics, Drug Free Workplace, Health Precautions, Principles of Professional Conduct, and Social Security Number Usage Policy handouts presented to the employee at the time of hire. CHOICE/Career & Technical Education instructors must successfully complete the Okaloosa County School District’s CHOICE/Career & Technical Education Alternative Certification Program. Instructors who possess a district issued CHOICE/Career & Technical Education certification will be instructed through this district-provided, comprehensive, online professional development program. The program will consist of, but is not limited to: Teaching Methods Course Construction Lesson Planning and

Evaluation Teaching Special Needs

Students

CHOICE Information Department of Education

Information Teacher Information

Completion of the CHOICE ACP must be accomplished within the first year of employment.

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Statutory Authority: Sections 1001.41(2); 1012.23(1), Florida Statutes Laws Implemented: Section 1012.39, Florida Statutes State Board of Education Rule: 6A-1.0502 Adopted: 6/28/04 Revised: 7/13/15

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08-08 NEW TEACHER INDUCTION PROGRAM (A) Any individual hired in a position requiring certification by the Florida Department

of Education or who is verified for employment by the Okaloosa County School District must successfully complete the New Teacher Induction Program.

Procedures/requirements for completion are outlined in the New Teacher Induction Program Plan.

Statutory Authority: Sections 1001.41(2); 1012.23(1), Florida Statutes Laws Implemented: Section 1012.56, Florida Statutes State Board of Education Rule: 6A-5.066 Adopted: 11/16/99 Revised: 7/13/15

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08-09 DUTIES, ETHICS, PROFESSIONAL CONDUCT (A) Duties (1) Administrative and Supervisory Requirements

Competent educators must possess the abilities and skills necessary to perform the designated task. The educator, commensurate with job requirements and delegated authority, shall demonstrate competence in the following administrative and supervisory requirements:

(a) Keep records in accordance with responsibilities designated by law

and with accepted practices of the district. (b) Supervise and evaluate others in accordance with law and

accepted practices of the district. (c) Recognize the role and function of community agencies and groups

as they relate to the school. (d) Utilize available instructional materials. (e) Adhere to and enforce administrative policies of the school, district

rules and State Board rules, in accordance with Florida Statutes. (f) Adopt or develop a system for keeping records of student progress. (g) Counsel with students both individually and collectively concerning

their educational needs. (2) Analysis of Individual Needs and Individual Potential

The competent educator shall use or ensure the use of acceptable techniques to analyze the needs and potential of individuals. The educator, commensurate with job requirements and delegated authority shall demonstrate competence in the following techniques to analyze the needs and potential of individuals:

(a) Diagnose the entry level and skill of students, using diagnostic

tests, observations and student records. (b) Select, adapt or develop, and sequence instructional materials and

activities for the designated set of instructional objectives and student needs.

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(c) Create interest through the use of materials and techniques

appropriate to the varying abilities and backgrounds of students. (d) Use individual student interests and abilities when planning and

implementing instruction. (e) Make assignment of tasks and duties consistent with individual

abilities and specialties. (f) Recognize the instructional needs of exceptional students. (g) Recognize patterns of physical and social development in students. (3) Instructional Procedures

Each competent educator shall ensure or promote accomplishment of the designated task through selection and use of appropriate instructional procedures. The educator, commensurate with job requirements and delegated authority, shall demonstrate competence in the following instructional procedures:

(a) Establish rapport with students by using appropriate verbal and

visual motivational devices.

(b) Use procedures appropriate to accomplish the designated task to include but not be limited to: Identifying long range goals for a given subject area. Constructing and sequencing related short-range objectives for

a given subject area.

(c) Practice instructional and social skills which assist students to interact constructively with their peers by encouraging expressions of ideas, opinions, and feelings.

(d) Give directions for carrying out an instructional activity by assuring

the task is understood and using feedback techniques which are relevant to the designated task.

(e) Utilize information and materials that are relevant to the designated

task.

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(4) Communication Skills

In communicating with students and educators, each educator, commensurate with job requirements and delegated authority, shall demonstrate competence with the following communication skills:

(a) Use language and terminology relevant to the designated task.

(b) Use language which reflects an understanding of the ability of the

individual or group. (c) Orally communicate information coherently and logically. (d) Write in a logical and understandable style with appropriate

grammar, spelling, and sentence structure. (e) Comprehend and interpret oral messages. (f) Extract major ideas or themes from the statements of others. (g) Encourage individuals to state their ideas clearly. (5) Management Techniques

The educator, commensurate with job requirements and delegated authority, shall demonstrate competence in the following management techniques:

(a) Resolve discipline problems in compliance with the policies of the

school, rules of the district and the State Board, and Florida Statutes.

(b) Maintain standards of conduct and consistency in the application of

policy and practice by accomplishing the following: Establishing routines and procedures for the use of materials

and the physical movement of students. Formulating appropriate standards for student behavior. Identifying inappropriate behavior and employing appropriate

techniques for correction.

(c) Use management techniques appropriate to the particular setting.

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(6) Competence in Specialization

Each competent educator shall possess knowledge within the area of specialization to a degree consistent with the educator's professional preparation. The educator, commensurate with job requirements and delegated authority, shall demonstrate competence in specialization by accomplishing the following:

(a) Demonstrating an awareness of current developments in the field of

specialization. (b) Demonstrating an ability to read, comprehend, interpret, and use

professional material. (7) Evaluation of Learning and Goal Achievement

Each competent educator accepts responsibility commensurate with delegated authority to evaluate learning and goal achievement. The educator, commensurate with job requirements and delegated authority, shall demonstrate competence in the following techniques used to evaluate learning and goal achievement:

(a) Use several types of evaluative techniques, including but not limited

to classroom tests constructed by the educator to measure student performance according to criteria based upon objectives.

(b) Provide frequent and timely responses concerning the work

attempted and tasks assigned. (c) Analyze and interpret effectively the results of evaluation for judging

instruction, the achievement of stated goals, or the need for further diagnosis.

(d) Utilize the results of evaluation for planning, counseling, and

program modification. (e) Explain methods and procedures of evaluation to those concerned. (f) Possess the ability to comprehend and work with fundamental

mathematical concepts.

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(8) Human and Interpersonal Relationships

The educator, commensurate with job requirements and delegated authority, shall demonstrate competence in the following human and interpersonal relations skills:

(a) Assist students in developing their values, attitudes, and beliefs. (b) Encourage and support behavior which reflects a feeling for the

dignity and worth of other people. (c) Demonstrate instructional and social skills which assist others to

interact constructively. (d) Provide leadership and direction for others by appropriate example. (e) Offer constructive criticism when necessary. (f) Comply with reasonable requests and orders given by and with

proper authority. (g) Assign reasonable tasks commensurate with objectives and

designated responsibility. (h) Demonstrate self-confidence and self-sufficiency in exercising

authority. (i) Apply instructional and social skills in developing positive self-

concepts. (9) Personal Requirements

In assessing the mental or physical health of educators, no decision adverse to the educator shall be made except on the advice or testimony of persons competent to make such judgment by reason of training, licensure and experience. Each educator, commensurate with job requirements and delegated authority, shall demonstrate competence in the following personal requirements:

(a) Engage in physical activity appropriate to the designated tasks

except for temporary disability. (b) Communicate effectively to accomplish the designated task.

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(c) Exhibit appropriate control of emotions. (d) Perform designated tasks with sufficient intellectual ability. (10) Student Supervision (a) Proper supervision of a student shall be provided while he/she is

under the immediate control of the school. Supervision of students shall be maintained on the school grounds, in classrooms, in student occupied areas of the buildings, on field trips, during any extra-curricular activity, at school sponsored functions, and at any other school related or sponsored activity. Any person charged with such neglect of duty shall be subject to suspension from duty and termination of his/her contract as provided by law. Each educator, commensurate with job requirements and

delegated authority, is expected to promote proper student conduct not only within his/her own teaching situation but also throughout the school building and on the campus. The teacher is expected to maintain at all times a professional attitude in the matter of discipline and to cooperate with the principal in the general discipline of the entire school.

Unprofessional conduct by an educator in any matter relating to student discipline shall be referred to the immediate attention of the Board by the Superintendent.

(b) An educator shall be deemed guilty of neglect of duty when he/she fails to supervise students, as required by normal or assigned duty, by not reporting for duty or by leaving his/her post or duty without proper authorization.

(B) Code of Ethics of the Education Profession in Florida (1) The educator values the worth and dignity of every person, the pursuit of

truth, devotion to excellence, acquisition of knowledge, and the nurture of democratic citizenship. Essential to the achievement of these standards are the freedom to learn and to teach and the guarantee of equal opportunity for all.

(2) The educator's primary professional concern will always be for the student

and for the development of the student's potential. The educator will

therefore strive for professional growth and will seek to exercise the best professional judgment and integrity.

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(3) Aware of the importance of maintaining the respect and confidence of one's colleagues, of students, of parents, and of other members of the community, the educator strives to achieve and sustain the highest degree of ethical conduct.

(C) Principles of Professional Conduct for the Education Profession in Florida (1) The following disciplinary rule shall constitute the Principles of

Professional Conduct for the Education Profession in Florida and shall apply to any individual holding a valid Florida Educator's Certificate.

(2) Violation of any of these principles shall subject the individual to

revocation or suspension of the individual educator’s certificate, or other penalties as provided by law.

(3) Obligation to the student requires that the individual: (a) Shall make reasonable effort to protect the student from conditions

harmful to learning and/or to the student’s mental and/or physical health and/or safety.

(b) Shall not unreasonably restrain a student from independent action

in pursuit of learning. (c) Shall not unreasonably deny a student access to diverse points of

view. (d) Shall not intentionally suppress or distort subject matter relevant to

a student's academic program. (e) Shall not intentionally expose a student to unnecessary

embarrassment or disparagement. (f) Shall not intentionally violate or deny a student's legal rights. (g) Shall not harass or discriminate against any student on the basis of

race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort to assure that each student is protected from harassment or discrimination.

(h) Shall not exploit a relationship with a student for personal gain or

advantage.

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(i) Shall keep in confidence personally identifiable information

obtained in the course of professional service, unless disclosure serves professional purposes or is required by law.

(4) Obligation to the public requires that the individual: (a) Shall take reasonable precautions to distinguish between personal

views and those of any educational institution or organization with which the individual is affiliated.

(b) Shall not intentionally distort or misrepresent facts concerning an

educational matter in direct or indirect public expression. (c) Shall not use institutional privileges for personal gain or advantage. (d) Shall accept no gratuity, gift, or favor that might influence

professional judgment. (e) Shall offer no gratuity, gift, or favor to obtain special advantages. (5) Obligation to the profession of education requires that the individual: (a) Shall maintain honesty in all professional dealings. (b) Shall not on the basis of race, color, religion, sex, age, national or

ethnic origin, political beliefs, marital status, handicapping condition if otherwise qualified, or social and family background deny to a colleague professional benefits or advantages or participation in any professional organization.

(c) Shall not interfere with a colleague's exercise of political or civil

rights and responsibilities. (d) Shall not engage in harassment or discriminatory conduct which

unreasonably interferes with an individual’s performance of professional or work responsibilities or with the orderly processes of education, or which creates a hostile, intimidating, abusive, offensive, or oppressive environment; and further, shall make reasonable effort to assure that each individual is protected from such harassment or discrimination.

(e) Shall not make malicious or intentionally false statements about a

colleague.

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(f) Shall not use coercive means or promise special treatment to

influence professional judgments of colleagues. (g) Shall not misrepresent one's own professional qualifications. (h) Shall not submit fraudulent information on any document in

connection with professional activities. (i) Shall not make any fraudulent statement or fail to disclose a

material fact in one's own or another's application for a professional position.

(j) Shall not knowingly withhold information regarding a position from

an applicant or misrepresent an assignment or conditions of employment.

(k) Shall provide upon the request of the certificated individual a written

statement of specific reason for recommendations that lead to the denial of increments, significant changes in employment, or termination of employment.

(l) Shall not assist entry into or continuance in the profession of any

person known to be unqualified in accordance with these Principles of Professional Conduct for the Education Profession in Florida and other applicable Florida Statutes and State Board of Education Rules.

(m) Shall self-report within forty-eight (48) hours to appropriate

authorities (as determined by district) any arrests/charges involving the abuse of a child or the sale and/or possession of a controlled substance. Such notice shall not be considered an admission of guilt, nor shall such notice be admissible for any purpose in any proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory. In addition, shall self-report any conviction, finding of guilt, withholding of adjudication, commitment to a pretrial diversion program, or entering of a plea of guilty or Nolo Contendere for any criminal offense other than a minor traffic violation within forty-eight (48) hours after the final judgment. When handling sealed or expunged records disclosed under this rule, the district shall comply with the confidentiality provisions of Fla. Stat. §943.0585(4)(c) and §943.059(4)(c).

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(n) Shall report to appropriate authorities any known allegation of a violation of Florida School Code or State Board of Education Rules as defined in Fla. Stat. §1012.795(1).

(o) Shall seek no reprisal against any individual who has reported any

allegation of a violation of Florida School Code or State Board of Education Rules as defined in Fla. Stat. §1012.795(1).

(p) Shall comply with the conditions of an order of the Education

Practices Commission imposing probation, imposing a fine, or restricting the authorized scope of practice.

(q) Shall, as the supervising administrator, cooperate with the

Education Practices Commission in monitoring the probation of a subordinate.

Statutory Authority: Sections 1001.41(2); 1001.42; 1012.23(1), Florida Statutes Laws Implemented: Sections 1001.51; 1012.795; 1012.796, Florida Statutes School Board of Education Rules: 6A-10.080; 6A-10.081 Adopted: 11/16/99 Revised: 7/13/15

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08-10 CONTRACTS WITH INSTRUCTIONAL PERSONNEL (A) General Information

Each person employed as a member of the instructional staff shall be properly certificated and shall be entitled to and shall receive a written contract. Any person, so employed on the basis of a written offer of a specific position by a duly authorized agent of the Board for a stated term of service at a specified salary and who accepted such offer by letter or by signing the regular contract or agreement by leaving his/her position without first being released from his/her contract or agreement by the Board of the district in which he/she is employed shall be subject to the jurisdiction of the Education Practices Commission. The Board shall take official action on such violation and shall furnish a copy of the official minutes of the Board to the Commissioner of Education. Should the Board have to choose from among personnel who are on continuing or professional service contract as to which should be retained, such decisions shall be made pursuant to the terms of a collectively bargained agreement, where one exists. If no such agreement exists, the Board shall prescribe rules to handle reductions in work force.

(B) Probationary Contract Beginning July 1, 2011, each individual newly hired as instructional personnel by

the Board shall be awarded a probationary contract for one (1) school year. Teachers who are currently on a probationary contract can be dismissed without cause or may resign without break of contract. A probationary contract shall be awarded regardless of previous employment in another school district or state.

(C) Annual Contract

(1) Upon successful completion of the probationary contract, the Board may award an annual contract pursuant to paragraph (b).

(a) Beginning July 1, 2011, an annual contract may be awarded

pursuant to paragraph (b) for instructional personnel who have successfully completed a probationary contract with the Board and have received one or more annual contracts from the Board.

(b) An annual contract may be awarded only if the employee:

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Holds an active professional certificate or temporary certificate issued pursuant to §1012.56, Florida Statutes, and rules of the State Board of Education.

Has been recommended by the Superintendent for the annual contract based upon the individual’s evaluation under §1012.34, Florida Statutes, and approved by the Board.

Has not received two consecutive annual performance evaluation ratings of unsatisfactory, two annual performance evaluation ratings of unsatisfactory within a 3-year period, or three consecutive annual performance evaluation ratings of needs improvement or a combination of needs improvement and unsatisfactory under Fla. Stat. §1012.34.

(2) Violation of Annual Contract - Instructional personnel who accept a written

offer from the Board and who leave their positions without prior release from the Board are subject to the jurisdiction of the Education Practices Commission.

(3) Suspension or Dismissal of Instructional Personnel on Annual Contract –

Any instructional personnel with an annual contract may be suspended or dismissed at any time during the term of the contract for “Just Cause” as provided in subsection (4). The Board shall notify the employee in writing whenever charges are made and may suspend such person without pay. However, if the charges are not sustained, the employee shall be immediately reinstated and his/her back pay shall be paid. If the employee wishes to contest the charges, he/she must, within 15 days after receipt of the written notice, submit a written request for a hearing to the Board. A direct hearing shall be conducted by the Board or a subcommittee thereof within 60 days after receipt of the written appeal. The hearing shall be conducted in accordance with Fla. Stat. §120.569 and §120.57. A majority vote of the membership of the Board shall be required to sustain the Superintendent's recommendation. The Board’s determination is final as to the sufficiency or insufficiency of the grounds for suspension without pay or dismissal. Any such decision adverse to the employee may be appealed by the employee pursuant to Fla. Stat. §120.68.

(4) Just Cause – Pursuant to State Board of Education Rule “Just Cause” is

defined to include, but is not limited to: immorality misconduct in office

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incompetency gross insubordination willful neglect of duty being convicted or found guilty of, or entering a plea of guilty to,

regardless of adjudication of guilt, any crime involving moral turpitude.

(5) Limitation – An individual newly hired as instructional personnel by the Board under this section is ineligible for any contract issued under Fla. Stat. §1012.33.

(D) Professional Service Contract

(1) Instructional employees initially employed after July 1, 1984, but prior to July 1, 2011, who met the stipulated criteria as prescribed by Board policy, were granted professional service contracts. Generally, professional service contracts will remain in effect as long as the employee maintains continuous employment in good standing and maintains applicable professional certification.

(2) If an employee who holds a professional service contract as provided in

§1012.33, Florida Statutes, is not performing his/her duties in a satisfactory manner, the evaluator shall notify the employee in writing of such determination. The notice must describe such unsatisfactory performance and include notice of the following procedural requirements:

(a) Upon delivery of a notice of unsatisfactory performance, the

evaluator must confer with the employee who holds a professional service contract, make recommendations with respect to specific areas of unsatisfactory performance, and provide assistance in helping to correct deficiencies within a prescribed period of time.

(b) 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. School holidays and school vacation periods are not counted when calculating the 90-calendar day period. During the 90 calendar days, the employee who holds a professional service contract must be evaluated periodically and apprised of progress achieved and must be provided assistance and inservice training opportunities to help correct the noted performance deficiencies. At any time during the 90 calendar days, the employee who holds a professional

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services contract may request a transfer to another appropriate position with a different supervising administrator; however, if a transfer is granted pursuant to §1012.27(1) and §1012.28(6), Florida Statutes, it does not extend the period for correcting performance deficiencies.

(c) Within 14 days after the close of the 90 calendar days, the

evaluator must evaluate whether the performance deficiencies have been corrected and forward a recommendation to the Superintendent. Within 14 days after receiving the evaluator’s recommendation, the Superintendent must notify the employee who holds a professional service contract in writing whether the performance deficiencies have been satisfactorily corrected and whether the Superintendent will recommend that the Board continue or terminate his/her employment contract. If the employee wishes to contest the Superintendent’s recommendation, the employee must, within 15 days of receipt of the Superintendent’s recommendation, submit a written request for a hearing. The hearing shall be conducted at the Board’s election in accordance with one of the following procedures:

A direct hearing conducted by the Board within 60 days after

receipt of the written appeal. The hearing shall be conducted in accordance with the provisions of Fla. Stat. §120.569 and §120.57. A majority vote of the membership of the Board shall be required to sustain the Superintendent’s recommendation. The determination of the Board shall be final as to the sufficiency or insufficiency of the grounds for termination of employment; or

A hearing conducted by an administrative law judge assigned by the Division of Administrative Hearing of the Department of Management Services. The hearing shall be conducted within 60 days after receipt of the written appeal in accordance with Fla. Stat. chapter 120. The recommendation of the administrative law judge shall be made to the Board. A majority vote of the membership of the Board shall be required to sustain or change the administrative law judge’s recommendation. The determination of the Board shall be final as to the sufficiency or insufficiency of the grounds for termination of employment.

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(E) Continuing Contract

(1) An employee who had continuing contract status prior to July 1, 1984, shall be entitled to retain such contract and all rights arising therefrom as prescribed by rules of the State Board of Education adopted pursuant to §231.36, Florida Statutes (1981), unless the employee voluntarily relinquishes his/her continuing contract.

(2) Any member of the instructional staff who is under continuing contract

may be dismissed or may be returned to annual contract status for another 3 years in the discretion of the Board, at the end of the school year, when a recommendation to that effect is submitted in writing to the Board on or before April 1, of any school year, giving good and sufficient reason therefor by the Superintendent, by the school principal if his/her contract is not under consideration, or by a majority of the Board. The employee whose contract is under consideration shall be duly notified in writing by the party or parties preferring the charges at least 5 days prior to the filing of the written recommendation with the Board, and such notice shall include a copy of the charges and the recommendation to the Board. The Board shall proceed to take appropriate action. Any decision adverse to the employee shall be made by a majority vote of the full membership of the Board. Any such decision adverse to the employee may be appealed by the employee pursuant to Fla. Stat. §120.68.

(3) Any member of the instructional staff who is under continuing contract

may be suspended or dismissed at any time during the school year; however, the charges against him or her must be based on immorality, misconduct in office, incompetency, gross insubordination, willful neglect of duty, drunkenness, or being convicted or found guilty of, or entering a plea of guilty to, regardless of adjudication of guilt, any crime involving moral turpitude, as these terms are defined by rule of the State Board of Education. Whenever such charges are made against any employee of the Board, the Board may suspend such person without pay; but, if the charges are not sustained, he/she shall be immediately reinstated, and his/her back salary shall be paid. In cases of suspension by the Board or by the Superintendent, the Board shall determine upon the evidence submitted whether the charges have been sustained and, if the charges are sustained, shall determine either to dismiss the employee or fix the terms under which he/she may be reinstated. If such charges are sustained by a majority vote of the full membership of the Board and the employee is discharged, his/her contract of employment shall be canceled. Any decision adverse to the employee may be appealed by the employee pursuant to §120.68, Florida Statutes, provided the appeal is filed within 30 days after the decision of the Board.

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Statutory Authority: Sections 1001.41(2); 1012.23(1), Florida Statutes Laws Implemented: Sections 1012.33; 1012.335; 1012.34; 1012.56, Florida Statutes State Board of Education Rule: Chapter 6A-4 Adopted: 11/16/99 Revised: 7/13/15

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08-11 REVOCATION OF CERTIFICATE The Superintendent shall report to the Commissioner of Education: (A) The name of any certificated employee who is convicted of, or who pleads

nolo contendere to, a misdemeanor, a felony or any other criminal charge, other than a minor traffic infraction; and

(B) The name of any certificated person who an official has reason to believe has

committed or is found to have committed any act which would be a ground for revocation or suspension of Florida Educators Certificate. Such acts include:

(1) Obtaining the teaching certificate by fraudulent means; (2) Has proved to be incompetent to teach or to perform duties as an

employee of the public school system or to teach in or to operate a private school;

(3) Has been guilty of gross immorality or an act involving moral turpitude; (4) Has had a teaching certificate revoked in another state; (5) Has been convicted of a misdemeanor, felony, or any other criminal

charge, other than a minor traffic violation; (6) Upon investigation, has been found guilty of personal conduct which

seriously reduces the person's effectiveness as an employee of the Board;

(7) Has breached a contract, as provided in §1012.33, Florida Statutes; or (8) Has otherwise violated the provisions of law or rules of the State Board

of Education, the penalty for which is the revocation of the teaching certificate.

(C) The name of any certificated person who has been dismissed or severed from

employment because of conduct involving any immoral, unnatural, or lascivious act.

Statutory Authority: Sections 1001.41(2); 1012.23(1), Florida Statutes Laws Implemented: Sections 1012.22; 1012.27; 1012.795; 1012.797, Florida Statutes Adopted: 11/16/99 Reviewed: 7/13/15

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08-12 EVALUATION OF INSTRUCTIONAL PERSONNEL (A) The School District of Okaloosa County Teacher Evaluation System is the

approved system for evaluation of instructional personnel. Statutory Authority: Sections 1001.41(2); 1012.23(1), Florida Statutes Law Implemented: Section 1012.34, Florida Statutes Adopted: 11/16/99 Reviewed: 7/13/15