To
College Faculty,
The State Board of Education is conducting a rulemaking
hearing on June 5 in Jacksonville on Rule 6A-14.0411: Issuance of Continuing
Contracts for college faculty Tom Auxter, UFF President, and Mark Richard, UFMDC
President, will offer testimony as the union presidents. We need as many faculty
to testify from their perspective. They should be diverse in terms of colleges,
disciplines and years of teaching experience. We are asking for commitments to
attend now and also submit your comments online.
Submit your comment online
Do not use your school email address to post comments to the website.
State that you are “writing in
opposition to the proposed rule change.”
State your name, college and
discipline.
Talking points on continuing contracts:
Faculty
are awarded a continuing contract after completing a rigorous process that
includes:
• Completing
three (3) full successive years of services.
• Be reappointed
• Be recommended
to the college President.
• Completed
faculty development hours.
• Be recommended
for a continuing contract by the College President.
• Complete
performance evaluations for each year.
• Be approved by
the College Board of Trustees.
• Faculty on a
continuing contract may be terminated for just cause.
Ed MitchellExecutive
Director
United Faculty of Florida
FEA, NEA, AFT,
AFL-CIO
Notice of Development
of Rulemaking
RULE NO.: RULE TITLE:
6A-14.0411:
Issuance of Continuing Contracts
PURPOSE AND EFFECT: The purpose of this
rule development is to review the current process of issuing continuing
contracts to determine necessary changes. The effect will be a rule aligned with
Florida Statutes.
SUBJECT AREA TO BE ADDRESSED: Issuance
of Continuing Contracts.
A RULE DEVELOPMENT WORKSHOP WILL BE
HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: June 5, 2012, 1:00 p.m.
– 4:00 p.m.
PLACE: Florida State College at
Jacksonville, South Campus, 11901 Beach Boulevard, Wilson Center, Lakeside Room,
M-1140, Jacksonville, FL 32246
Proposed
changes
6A-14.0411 Issuance of Continuing Employment Contracts for Instructional Personnel Employees
District Boards of Trustees
shall develop and maintain a policy governing the issuance of continuing
contracts and other employment contracts for full-time
instructional personnel employees. The term
‘instructional personnel employees’ includes full time faculty, instructors, counselors and
librarians and
other positions as defined by the College.
Continuing contracts and multiple year contracts may are to
be awarded for service
in full-time to
selected faculty members instructional employees capacity
as determined by the college consistent with
the needs and policies of the college
and the following
rules:
1. In order to be eligible for a continuing
contract or multiple
year contracts selected
instructional employees
must meet the following minimum requirements:
a. Completion completing of at
least three (3) five (5)
years of satisfactory service in the same college during a period not in excess of five (5)
years with such
service being continuous except for leave duly authorized and
granted. Each District
Board of Trustees shall establish criteria and conditions which must be met
before a continuing contract or multi-year contract may be awarded.
b. Recommendation by the president and approval by
the board for a continuing contract or multiple year contracts based on successful performance of
duties, and demonstration of professional competence pursuant to criteria established by the
District Board of Trustees and college need.
c. Each District Board of Trustees may establish full-time
instructional positions that are not eligible for continuing contract.
d. Each District Board of Trustees may
establish oOther
criteria for the award
of a continuing contracts or multiple year
contracts. Ccolleges
may consider including, without limitations, educational qualifications,
efficiency, compatibility, character and capacity to meet the educational needs
of the community, and the length of time the duties and responsibilities of this
position are expected to be needed.
2. Each District Board of Trustees may establish eligibility criteria
for the award and maintenance of multiple year contracts for instructional
employees.
3. Each District Board of Trustees may
establish oOther
criteria for the award
of a continuing
contracts or multiple year contracts. Ccolleges
may consider including, without limitations, educational qualifications,
efficiency, compatibility, character and capacity to meet the educational needs
of the community, and the length of time the duties and responsibilities of this
position are expected to be needed.
4. Colleges shall provide in writing
to faculty instructional employees a copy of the criteria for a continuing contract or multiple year
contracts.
5. The continuing
contract shall be effective at the beginning of the annual college contractual
periods.
(5) Each employee issued a
continuing contract or
multiple year contract
shall be entitled to continue an instructional faculty
position at the college without the necessity for annual nomination or
reappointment until the employee
individual resigns from the
continuing contract, or the multiple year contract
expires, except as
otherwise provided in this rule.
(6) Each District Board of
Trustees shall establish performance criteria for the regular, ongoing
evaluation of all instructional
personnel employees without regard to contract
status. These
criteria may be measured over a period not to exceed three (3) years and must be
satisfied to retain or renew contract status. *
a. The college may dismiss an
employee instructional employee under continuing contract, or return the employee to
another annual
contract status, for
failure to meet post award performance criteria pursuant to Section 6, for
cause in accordance with College policies and
procedures upon
recommendation by the president and approval by the board pursuant to college
policy. The president
shall notify the instructional employee in writing of the recommendation and upon approval by the
board shall afford
the instructional employee with the
right to formally
challenge oppose the president’s recommendation to the board prior to board
action a hearing in accordance with the policies and procedures of
the college. The decision
of the board shall be final. As an
alternative to the hearing rights provided by college policies and procedures,
the employee may elect to request an administrative hearing in accordance with
the guidelines of Chapter 120, Florida Statues, by filing a petition with the
board within twenty one (21) days of receipt of the recommendation of the
president.
b. The college may remove an employee from continuing contract or
multiple year contract status by termination or return to another contract
status for failure to meet the post-award performance criteria established
pursuant to section (6) of this Rule. In each event, the instructional employee
shall not be entitled to challenge the action only except through the college’s instructional employee
grievance process or the applicable college dispute resolution
process.
c. The college may dismiss an instructional employee under continuing
contract or multiple year contract Uupon
consolidation, reduction, or elimination of a community college program, insufficient teaching
load or restriction of the
required duties of a position by the board. The board may determine on the basis
of the criteria set forth in subsections (1) and (2), which instructional employees should be retained on the
continuing or
annual or multiple
year contract and
which shall
be
dismissed or returned to an
annual contract. The
decision of the board shall not be controlled by any previous contractual
relationship. In the evaluation of these factors, the decision of the board
shall be final.
(7)Any instructional employee holding a continuing contract or multiple year
contract who accepts an
offer of annual employment in a capacity other than that in which the continuing
contract or multiple year
contracts was awarded may
be granted an administrative leave of absence pursuant to the college’s
administrative rules.
