FL Tenure Bill Update

UPDATE ON THE "TENURE BILL"
PCB7193 by the House K-20 Competitiveness Sub-committee filed by Rep. Erik Fresen (R, Miami), most egregiously proposes to stop "tenure" by eliminating continuing contracts.
In support of our membership, I immediately went on record in newspaper and television interviews, and with the Chronicle of Higher Education, to express our displeasure and opposition with such a bill. The bill was a surprise to us all and the process that lead to its drafting was not inclusive of all potentially affected parties. It almost appeared to be a solution in search of a problem.
Rumors were circulating last week that this bill was promulgated by the Council of Presidents. That is NOT true. The presidents, lobbyists, and all of us involved in the legislative business for the college system learned of the bill at the same time a week ago Monday morning. The Council of Presidents has not even had a collective discussion about it. It is expected that they will discuss it at their business meeting on April 7.
The good news is that there is no Senate bill at this time. Efforts are underway to educate Rep. Fresen that much of the contracting issue he covered in the bill can already be addressed by our district boards of trustee (DBOT). The AFC is also pushing to leave tenure issues out of state government intrusion and allow each college's DBOT to deal with it if necessary.
The following analysis was compiled with the help of Margie Robertson, Chair of the AFC Faculty Commission:
1) Removes language in F.S. 1007.33 which awarded continuing contract rights to the new St. Petersburg College administrative and instructional employees .
2) Categorizes all college employees into four categories (before there was no such detail); Administrative, Educational support, Instructional Personnel, and President.
3) Specifies two types on contracts which can be issued to all personnel except the President, a probationary contract and an annual contract.
4) States that all employment is at the pleasure of the President with approval by the board of Trustees
5) Puts all employees on a probationary contract for one year upon hiring;
6) After July, 1, 2011 allows only annual contracts subsequently, except for Presidents.
7) Prohibits any continuing contract for instructors (tenure) or other right (sabbatical, etc.) unless the State Board of Education approves.
8) If annual contracts are not continued, there is no right to explanation or hearing.
9) Gives college presidents the right to terminate any contract of any employee.
10) Directs college presidents to institute evaluation systems, and
11) Sets guidelines for the reduction in force of college employees of all categories, and how to determine which employees are laid off first, second, third, etc., based on the evaluation system required above.
The Faculty Commission has also drafted a resolution, which we will hold until needed, if and when we see the bill moving forward. At this time, we expect the bill to die for this year. However, that could change at any minute. Moreover, the concepts and tenets of it may very likely re-appear next year.
Please be assured, your AFC supports its members (and non-members) and that includes faculty, support staff, career professional, classified, senior management or whatever category you are in.
Michael Brawer, MS.Ed.
Executive Director and CEO
Association of Florida Colleges
(formerly the FL Association of Community Colleges)
113 East College Ave.
Tallahassee, FL 32301
850-222-3222
850-528-1082 cell
850-222-2327 fax