Notice of Development of Rulemaking

The Florida Department of Education is once again attempting to change college continuing contracts. Please take notice of the criteria for award of a continuing contract and the three year review and criteria.

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 the rule development is to update the current process of issuing continuing contracts. The effect will be a rule aligned with Florida Statutes.
SUBJECT AREA TO BE ADDRESSED: Continuing Contracts.
RULEMAKING AUTHORITY: 1001.025(1), 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: November 29, 2012, 1:00 p.m. - 4:00 p.m.

PLACE: Seminole State College of Florida, Heathrow Campus, 1055 AAA Drive, Heathrow, FL 32746
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Ms. Kasongo Butler, Assistant Chancellor, Division of Florida Colleges, Florida Department of Education, 325 W. Gaines Street, Suite 1544, Tallahassee, Florida 32399-0400; 850.245.9455; Kasongo.Butler@fldoe.org

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

6A-14.0411 Employment Contracts for Full Time Faculty Issuance of Continuing Contracts. Continuing contracts are to be awarded for service in a full-time faculty capacity as determined by the college consistent with the following rules.

(1) District Boards of Trustees shall develop, maintain and distribute a policy governing the issuance of contnuing contracts and other employment contracts for employees serving in a full time faculty capacity as determined by the college. Such policy shall be consistent with this rule.

(2)(1) In order to be eligible for a continuing contract, full-time faculty shall must meet the following minimum requirements:

(a) Completion Completing of a least five (5) three (3) years of satisfactory service in the same college except as provided below during a period not in excess of seven (7) five (5) years. In all cases, with such service shall be being continuous except for leave duly authorized and granted. The criteria established by the district board of trustees may also provide for including satisfactory service in other institutions of higher learning for purposes of this section.

(b) Receive the rRecommendation of by the president and approval by the board for a continuing contract based on successful performance of duties, and demonstration of professional competence pursuant to criteria establshed by the board and the needs of the college.

(c) Compliance with criteria established by the board pursuant to subsection (3) of this rule.

(3)(2) Each board shall establish criteria which must be met before a contiuing contract may be awarded. Other criteria for a continuing contract colleges may consider including, without limitation, 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. Colleges shall provide in writing to faculty a copy of the criteria for a continuing contract.

(a) Such criteria shall at a minimum include the following:

1. quantifiable measurable effectiveness in the particular area of practice.

2. continuing professional development;

3. currency and scope of subject matter knowledge,

4. student and faculty feedback and feedback from employers of students; and

5. service to department, college and community.

(b) Such criteria may include the following:

1. educational qualificiations, efficiency, compatability, learning outcomes, character;

2. capacity to meet the educational needs of the community;

3. the length of time the duties and responsibility of this position are expected to be needed; and

4. such other criteria as shall be included by the board.

(4) Each board may hire full-time faculty positions that are not eligible for continuing contract.

(3) The continuing contract shall be effective at the beginning of the annual college contractual periods.

(5)(4) Each employee issued a continuing contract shall be entitled to continue in their respective full-time a faculty position at the college without the necessity for annual nomination or reappointment until the individual employee resigns from the continuing contract or, except as otherwise provided subsection (7) of in this rule.

(6) Each board shall by policy establish post-award performance criteria for faculty under continuing contract. Periodic review of continuing contract faculty through post-award performance criteria is intended to contribute to their continuing growth and development.

(a) Periodic review shall occur at least every three (3) years.

(b) Periodic review shall include, but not be limited to, factors as evidence of:

1. quantifiable measurable effectiveness in the particular area of practice;

2. continuing professional development;

3. currency and scope of subject matter knowledge;

4. student and faculty feedback and feedback from employers of students; and

5. service to the department, college, and community.

(7)(5)(a) Each district board of trustees The college may terminate dismiss an full-time faculty employee under continuing contract, or return the employee to an annual contract, for failure to meet post-award performance criteria, or, for cause in accodance with college policies and procedures upon recommendation by the president and approval by the board. The president or designee shall notify the full-time faculty employee in writing of the recommendation, and upon approval by the board, shall afford the full-time faculty employee with the right to formally challenge the action a hearing in accordance with the policies and procedures of the college. As an alternative to the hearing rights provided by college polices and procedures, the employee may elect to request an administrative hearing in accordance with the guidelines of Chapter 120, Florida Statutes, by filing a petition with the board within twenty-one (21) days of receipt of the recommendation of the president.

(b) The board may dismiss a full-time faculty employee under continuing contract upon Upon 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) and (3), which full-time faculty employees to retain should be retained on a continuing or annual 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.

(8) In addition, each college, after receiving input from the faculty, shall develop appropriate criteria to measure student success, which may include but shall not be limited to the following factors, as appropriate: (i) demonstrated or documented learning gains, (ii) course completion rates, (iii) graduation and/or certification rates, (iv) continued success in subsequent and additional courses or educational pursuits and (v) job placements in the appropriate field. Such factors selected by the individual college shall be used, as appropriate, for the particular field of learning and the individual faculty member, as consideration in determining whether to grant a continuing contract pursuant to (3) above. Such factors shall also be used, as appropriate, in the review set forth in (6) above.

(9)(6) Any full-time faculty employee holding a continuing contract who accepts an offer of annual employment in a capacity other than that in which the continuing contract was awarded may be granted an administrative leave of absence pursuant to the college’s administrative rules.

(10) Each Board may award multiple year contracts, annual contracts or contracts less than one year to full-time faculty employees. No multiple year contract may exceed three (3) years. Each board that awards multiple year contracts, annual contracts or contracts less than one year shall establish rules and policies concerning such contracts.

(11)In order to provide for a transition period for full-time faculty in the process for being considered for continuing contracts, each board may provide an exemption from the time requirements set forth in paragraph (2)(a) of this rule for faculty personnel being considered for an award of a continuing contracts during the 2012-13, 2013-14 and the 2014-15 fiscal year. In addition, each board shall provide credit for satisfactory years of service incurred prior for purposes of determining eligibility for a continuing contract.

Specific Authority 1001.02(1), (9). 1012.83, 1012.855 FS. Law Implemented 1012.83 FS. History–Formerly 6A-8.33, Repromulgated 12-19-74, Amended 12-9-75, 2-14-77, 12-26-77, 7-16-79, Formerly 6A-14.411, Amended 7-20-04,