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Teacher Evaluation System - Polk County School District

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(II) Assignment to a school in the bottom two categories of the school improvement<br />

system under s. 1008.33 such that the supplement remains in force for at least 1 year<br />

following improved performance in that school.<br />

(III) Certification and teaching in critical teacher shortage areas. Statewide critical<br />

teacher shortage areas shall be identified by the State Board of Education under s.<br />

1012.07. However, the district school board may identify other areas of critical shortage<br />

within the school district for purposes of this sub‐sub‐subparagraph and may remove<br />

areas identified by the state board which do not apply within the school district.<br />

(IV) Assignment of additional academic responsibilities.<br />

If budget constraints in any given year limit a district school board’s ability to fully fund all adopted<br />

salary schedules, the performance salary schedule shall not be reduced on the basis of total cost or the<br />

value of individual awards in a manner that is proportionally greater than reductions to any other<br />

salary schedules adopted by the district.<br />

(e) Transfer and promotion.—The district school board shall act on recommendations of the district<br />

school superintendent regarding transfer and promotion of any employee. The district school<br />

superintendent’s primary consideration in recommending an individual for a promotion must be the<br />

individual’s demonstrated effectiveness under s. 1012.34.<br />

Section 5. Section 1012.335, Florida Statutes, is created to read:<br />

1012.335 Contracts with instructional personnel hired on or after July 1, 2011.—<br />

(1) DEFINITIONS.—As used in this section, the term:<br />

(a) “Annual contract” means an employment contract for a period of no longer than 1 school<br />

year which the district school board may choose to award or not award without cause.<br />

(b) “Instructional personnel” means instructional personnel as defined in s. 1012.01(2) (a)‐(d),<br />

excluding substitute teachers.<br />

(c) “Probationary contract” means an employment contract for a period of 1 school year<br />

awarded to instructional personnel upon initial employment in a school district. Probationary<br />

contract employees may be dismissed without cause or may resign without breach of contract.<br />

A district school board may not award a probationary contract more than once to the same<br />

employee unless the employee was rehired after a break in service for which an authorized<br />

leave of absence was not granted. A probationary contract shall be awarded regardless of<br />

previous employment in another school district or state.<br />

(2) EMPLOYMENT.—<br />

(a) Beginning July 1, 2011, each individual newly hired as instructional personnel by the district<br />

school board shall be awarded a probationary contract. Upon successful completion of the<br />

probationary contract, the district school board may award an annual contract pursuant to<br />

paragraph(c).<br />

(b) Beginning July 1, 2011, an annual contract may be awarded pursuant to paragraph (c) for<br />

instructional personnel who have successfully completed a probationary contract with the<br />

49

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