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By TIA MITCHELL, The Times-Union

When school began last fall, nearly half of Highlands Middle School teachers were new.

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“I always wanted to be a teacher,” is something Principal Cathy Barnes remembers hearing more than once as she conducted interviews over the summer.

Most of the 26 newbies had no formal educator training. They were mostly midcareer professionals looking to make a change.

Barnes offered to give them a chance, and then set up training and coaching to help them succeed, she said. It took about a month for her to realize that not all of them would.

By the winter break, Barnes had let go four of those new teachers by invoking a state law that allows new teachers to be fired without giving a reason so long as it is done within the first half of the school year.

Known as the “97-day rule” because of the stated deadline, school administrators say it allows schools to quickly part ways with teachers that simply are not equipped for the job. However, union officials say the law makes it so easy to fire new teachers that principals do that rather than spend the time and money to mold them into better educators.

The district has approximately 9,000 teachers.

This year in Duval County, 29 out of the approximately 1,000 newly minted teachers were terminated under the 97-day rule or resigned in lieu of being terminated. Many other new teachers have also left the school system this year, though other reasons were cited for their departure. One was later rehired at another school.

After their 97-day probationary period expired on Jan. 9, those teachers received the security of knowing they cannot be fired midyear without due process. But they don’t have to be reappointed to their post at the end of the school year.

After three years, Florida teachers receive tenure, meaning if during the summer break a principal decides not to invite them back to a school, they must be offered other options.

The 97-day rule was created in 1997, a time when Education Commissioner Frank Brogan was introducing sweeping education reform. At the time, a group of lawmakers wanted to eliminate teacher tenure laws. Knowing that such a law would not pass, they settled for the 97-day rule instead.

Terrie Brady, president of the local teachers union, said of the 800 teachers who have left the school system this year, she feels the 97-day rule is responsible for more than 29, possibly close to 100.

She feels half a year isn’t long enough to determine who will become a great teacher.

“If somebody chooses to want to go into education, why would we not give them as much support as possible and encourage them to stay and make sure they are successful?” she said.

Brady said the school system lacks the money, time and resources to devote to professional development, especially since both new and veteran teachers are already bogged down with paperwork, mandates and other things that tax their time outside of the classroom. She advocates for more mentoring and training to help new teachers adapt to the job.

She said she agrees there are teachers who should removed from the classroom, but she thinks there should always be a process in place to hear both sides of the story and determine a fair course to follow.

Veteran educator Jim Williams was a principal for over a decade before the 97-day rule was in place and about the same time after.

During that time, he said he probably used the 97-day rule only twice.

“It was always that I cannot leave this person working with students because I believe they are doing damage to students,” Williams said. “Nor do I see between now and the end of the year any change.”

Williams said he always considered the impact of the decision on the students, as well as the employee. Now that he supervises a cluster of principals, he expects them to provide ample evidence supporting their decision to exercise the 97-day rule. In the end, however, he agrees that teachers who are not effective in the classroom should be removed.

“We’re not an employment agency; we’re a teaching institution and students ought to be primary in this,” he said.

Anna