Hillsborough County Public Schools Human Resources
Action Item

DATE: Tuesday, August 5, 2008
TO: School Board Members
FROM: MaryEllen Elia, Superintendent

SUBJECT / RECOMMENDATIONS

Dismissal of Teachers Non-Compliant with ESOL Requirements. (Attachment Added)

EXECUTIVE SUMMARY

The instructional personnel listed on the attachment are non-compliant, for one year or more, with state-mandated training requirements in ESOL (English for Speakers of Other Languages) with respect to their current or previous instruction of Early Language Learners (ELL). Their non-compliance violates the personnel outcomes reflected in the LULAC et. al. v. State Board of Education Consent Decree. Teachers are notified of ESOL requirements upon employment and then twice annually during the FTE periods. Additionally, this group of teachers received three written notifications since the spring of 2007 advising them of their status and of the availability of classes offered free of charge through the district. In fact, the ELL department has sponsored 230 classes in various venues during this period. The written notifications also advised them that passing the state subject area examination in ESOL, at the cost of $25 per administration, would bring them into compliance. None of the teachers on the attached list was required to complete more than one course during the 2007-2008 school year. The Hillsborough County Teacher Tenure Act provides for the suspension and dismissal of teachers demonstrating a “persistent violation or willful refusal to obey laws and policies related to public schools.” It is recommended that these teachers be suspended without pay effective August 6, 2008, and be scheduled for dismissal hearings before the School Board.

ANNUAL DISTRICT GOAL(S) AND CRITICAL SUCCESS FACTOR(S)

All District Goals and Critical Success Factors.

FINANCIAL IMPACT (Budgeted: Yes)

When teachers are non-compliant with ESOL training, the Board is subjected to several serious consequences, among them possible lawsuits for violation of a court order and financial liability for loss of FTE funding associated with serving ELL students with non-qualified staff. Teachers non-compliant with ESOL requirements, as well as those non-compliant with other out-of-field issues, contributed to a $438,158.89 loss in FTE during the district’s most recent audit of the 2005-2006 school year.

EVALUATION

Analyze the FTE audit exceptions for teachers non-compliant with ESOL and other out-of-field requirements from the 2008-2009 audit to determine improvement and/or to impose additional district steps needed to ensure teachers remain compliant.

SUBMITTED BY:

Janice W. Velez
General Manager of Personnel Services
(813) 272-4148
Daniel J. Valdez
Deputy Superintendent
(813) 272-4166
A 3.04R
Hillsborough County Public Schools (Florida) * Mtg.#20080805_297 * Section A Item# 3.04R