CALL TO ACTION: Proposed Rule Change Continuing Contracts for College Faculty

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

All faculty should go online and register their opposition to the proposed rule change. To submit a comment on this rule, go to: https://app1.fldoe.org/rules/default.aspx and click on 6A-14.0411.

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

850-224-8220 Fax: 850-222-1767
(813) 240-9301 - CellEd.Mitchell@floridaea.org
www.UnitedFacultyofFlorida.org

Notice of Development of Rulemaking

DEPARTMENT OF EDUCATION

State Board of Education

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.

RULEMAKING AUTHORITY: 1001.02(1), (9), 1012.83, 1012.855 FS.

LAW IMPLEMENTED: 1012.83 FS.

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.