6.12 EMPLOYEE CONTRACTS, PROBATION, AND REQUIREMENTS FOR CONTINUED EMPLOYMENT

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1 POLICY The Superintendent shall recommend to the School Board requirements and procedures for continued employment, including certification, probation, duties of employees, contracts and assessment. PROCEDURES (1) Certification and Qualification of Instructional Personnel (a) Certification 1. Individuals employed in instructional positions shall be properly certificated or be eligible for certification, and highly qualified. 2. Certificated personnel whose certificates are expiring will be notified by the Human Resources Office of such expiration during the last year of validity of their certificates. It is the responsibility of the certificate holder to complete necessary requirements and paperwork for certificate renewal. 3. Certificated personnel are required to be highly qualified in accordance with the No Child Left Behind Act. To attain highly qualified status certificated personnel must have one of the following: a. Pass a Florida Subject Area Exam; b. Hold a completed HOUSSE Form completed prior to July 1, 2006; c. Hold a completed and verified Out-of-State or other Florida School District Highly Qualified Form; or d. Hold a K-12 or Secondary subject area certification other than in social science and Exceptional Student Education (ESE). e. ESE teachers must be highly qualified in ESE and any content area course they are assigned to teach. 4. Instructional Support Staff/Paraprofessionals may attain highly qualified status by: a. Graduating with a regular high school diploma, and b. Earning 60 credits of college credits from an accredited college or university, or passing a rigorous test approved by the district. 5. Except as provided in (b) below, current Instructional staff (certificated and support) not highly qualified will have one full school year after the effective date of this policy to become highly qualified or move from their instructional position. (b) Out-of-Field Assignment

2 1. A teacher may only be approved by the Human Resources Office for an out-of-field assignment in rare occasions and only if a teacher with appropriate certification coverage is not available. Any teacher who is employed or assigned out-of-field is required to complete six semester hours per calendar year toward certification in the area of assignment(s) within twelve months of having begun the assignment. This will continue until the teacher is properly certificated for that assignment or until such time that the individual is employed in a field for which he or she possesses certification coverage. 2. Approval must be granted by the School Board for any teacher who is assigned to teach a subject for which he or she is not properly certified. 3. When a teacher is employed or assigned teaching duties outside his or her field, the parents or guardians of all students in the class shall be notified in writing of such assignment. (c) Appointed Experts 1. The Superintendent shall be authorized to recommend for instructional positions persons who possess expert skills in or knowledge of a particular subject. 2. The degree level of such persons shall be set by the Superintendent according to the education and training of the person. 3. Such persons shall be accorded all benefits of certificated instructional personnel except as specified by law, State Board of Education rules, or policies of the School Board. (2) Educational Support Employee Initial Probationary Period All full-time educational support employees will serve an initial probationary period of three (3) years. During the initial probationary period, the employee will be evaluated at least annually and may be recommended for continuance of the initial probationary period for an additional year. During the initial probationary period, the educational support employee is an employee at will and may be terminated at any time by the Superintendent and the employee has no expectancy of continued employment during or after the probationary period. (3) Continued Employment Status (a) When an educational support employee has completed three (3) years of continuous satisfactory service in Manatee County within five (5) years except for duly authorized leave, and has been appointed for a subsequent year, he/she shall be recommended for continued

3 employment status unless the initial probationary period has been extended as provided in paragraph (2) above. Continued employment status means the employee will be reappointed as an employee from year to year unless the Superintendent terminates the employee's employment for just cause or as part of a reduction in force. Evaluation of employees on continued employment status will occur at least once per year. (b) An educational support employee who has attained continued employment status and who changes job classifications or job sites will be on probationary status in the new job classification or job site for a period of 120 working days and thereafter the employee will be on continued employment status. If employment is terminated during the 120 working days, the employee has no right to return to the previous job classification or job site but may apply for any vacancies. (c) An educational support employee hired by October 15 shall receive credit for a full year of experience towards continued employment status. An educational support employee hired after October 15 will start their initial probationary period the following school year if the employee is recommended for reemployment. (d) Educational support employees who are hired in a confidential position as defined below, shall remain on annual contracts for the duration of their employment. A "confidential employee" means any employee in the Finance, Human Resources. Information Technology or Legal Departments or an employee who acts in a confidential capacity to assist or aid a managerial (SAMP) employee who is a principal or director level and above. (4) Reappointment of Personnel A written recommendation regarding reappointment of every regular employee shall be made by the principal or other supervisor to the Superintendent. The Superintendent shall recommend the reappointment of teaching personnel to the School Board as required by law. Teacher personnel not recommended for reappointment shall be notified in writing by April 1. (5) Acceptance of Offer of Reemployment

4 (a) Each employee will be notified in writing if the School Board approves the Superintendent's recommendation for the employee's reemployment for the following school year. (b) The written notification shall constitute an offer of employment based upon the terms set forth in the notification. (c) The written notification shall be delivered to the employee at the employee's work location or by regular mail addressed to the last address provided by the employee if the employee is not present at the work location. It is the employee's responsibility to make sure that the District has the employee's current correct address. (d) The employee must accept the offer in writing and deliver the acceptance to the employee's principal or supervisor within 5 working days of the employee's receipt of the offer at the work location or within 10 working days from the date the offer was mailed to the last address provided by the employee. (6) Performance Assessment (a) The Superintendent shall establish procedures for assessing the performance of duties and responsibilities of all employees in the school district. (b) The assessment for each employee shall be based on observations of the individual s work by his or her immediate supervisor, or as required under a negotiated contract. (c) A copy of each employee s evaluation shall be filed annually in the Human Resources Office by the date specified. (d) The written report of the assessment shall be reviewed with the employee and discussed with him or her by the person who made the assessment. (e) An employee may respond to an assessment in the manner provided by law or other approved procedures. (7) Contracts for Instructional Personnel

5 Each member of the instructional staff shall receive an annual or Professional Services contract in accordance with the provisions of law. The contract shall be in accordance with the duly adopted salary schedules of the board and shall be for a definite term of service. (8) Contracts for Administrative Personnel (a) Each member of the administrative staff on initial employment shall normally be given a written contract for a period not to exceed one year, subject to the condition that renewal of the contract from year to year shall be based on an acceptable and satisfactory annual review of the services rendered. (b) The School Board may enter into a contract with administrative personnel for up to three years. (c) Administrators and supervisors who have entered into a new contract year can only be released by the School Board through official action. (9) Limitation on Contract Rights of Employees The School Board, upon recommendation of the Superintendent, shall have the power to institute reductions in the length of employees work year, temporarily furlough employees, reduce salary and hourly rates of employees, and lay-off employees as needed. Any such action shall conform to the provisions of applicable negotiated contracts. (10) Professional Responsibility of Instructional Personnel Members of the instructional staff of each school and all persons engaged in or employed in an instructional capacity for the School Board shall perform and carry out their duties and responsibilities according to, and shall be subject to, the following: (a) The requirements of Florida statutes relating to the qualifications of and the duties of the instructional staff. (b) The requirements of the regulations, rules, and policies of the State Board of Education of Florida, including but not limited to, the Standards of Competent Professional Performance set forth in chapter 6B-5 of the Rules of the State Board of Education of Florida.

6 (c) The provisions of the Code of Ethics of the Education Profession in Florida as set forth in chapter 6B-1 of the Rules of Education of Florida. (d) The provisions of the contract of employment existing between the instructional employee and the School Board. (e) The requirements of all procedures in existence at a particular school in a particular program as enunciated by the principal or person in charge of the school or program. (f) All directives given by the principal or supervisory personnel as designated by the Superintendent shall be carried out. If an instructional employee entertains a valid doubt that the order or direction is contrary to existing statutes, procedures, or policies, he/she must so inform the principal or person giving the order or direction before carrying out the directive. Failure to adhere to the provisions or requirements of the foregoing may be grounds for suspension and dismissal. STATUTORY AUTHORITY: Florida Statute: LAWS IMPLEMENTED: Florida Statutes: , , , History: Adopted: March 14, 2005 Reformatted without change in text: October 31, 2008 Revision Date(s): April 12, 2010 Formerly: New References: Human Resources Manual Employee Handbook Individual School Handbooks Departmental Handbooks Negotiated Contracts with the Manatee Education Association Negotiated Contract with AFSCME Local 1584 Manatee County School Board Policy: Discrimination and Harassment Prohibited

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