Laws | Shady LCSD

What Does the Law Say?*

*Disclaimer: I am not a lawyer; therefore, the information mentioned in this section is based solely on my google research. I have included links to each legal topic discussed.

Legal Topics Discussed

Florida Statutes (Laws)

Delayed Discovery Doctrine

Teacher Contracts

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Florida Statutes (Laws)

Florida Statute 1012.335:
Probationary Contracts

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Section (1)(c) states that, "A district school board may not award a probationary contract more than once to the same employee unless the employee was rehired after a break in service for which an authorized leave of absence was not granted." - I did not request any of my employment separations, all of my terminations were the decision of the district.

Section (2)(a) states that, "...each individual newly hired as instructional personnel by the district school board shall be awarded a probationary contract. Upon successful completion of the probationary contract, the district school board may award an annual contract..." - If my contract is with the district school board, then why do administrators and district personnel have the authority to terminate teachers? I was never contacted by any member of the Lee County School Board for any of my terminations.

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LCSD Employment Report

Contract 1 - 2010 (Annual)

Contract 3 - 2012 (Probationary)

2025 LCSD District Email

Contract 2 - 2011 (Annual)

Contract 4 (2018) & Contract 5 (2019) were both probationary contracts. There is no documentation on these contracts in my personnel file.

Florida Statute 1012.98:
School Community Professional Learning Act.

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Under the School Community Professional Learning Act., section (4)(c) [Previously the School Community Professional Development Act., section (3)(c)] school districts must... "Provide continuous support for all education professionals as well as temporary intervention for education professionals who need improvement in knowledge, skills, and performance."

- The Lee County School District failed to provide me the required training and support as a new teacher. Rather than train a new (first-year) teacher, the Director of Professional Standards decided to terminate my contract because I was still in my probationary period. (See below the 2010 termination recommendation letter by the school administrator.)

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Termination Letter - 2010

LCSD Employment History

Florida Statute 1012.23:
School District Personnel Policies

Website

This statute states the following, "...district school boards may adopt rules governing personnel matters, including the assignment of duties and responsibilities for all district employees... except as otherwise provided by law or the State Constitution."

- The legal team of the Lee County School Board, as well as a former Chief Human Resources Officer, cites this statute as their "legal" right to deny me employment. Apparently, the LCSB does not realize that their district policies violate Florida laws (statutes).

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2019 LCSD Email

2022 LCSD Email

If a teacher's contract is with the district school board, then why do administrators and district personnel have the authority to terminate teachers?

According to Florida Statute 1012.335, a teacher's contract is with the district school board; therefore, when a teacher is hired by the Lee County School Board, the teacher becomes an employee of the Lee County School District. This leads to the question... how and why are administrators and district personnel allowed to terminate teachers from the ENTIRE district? Nowhere on my employment contract does it mention the name of the individual school that I was hired to work at - only that my contract is with "The School Board of Lee County". If a teacher's annual contract is with the school board... shouldn't that mean that a teacher should be eligible to work at any of the schools in the district? If an administrator decides a teacher should not return to that school the following year, what is the employment status of that teacher? In most cases, the teacher is terminated from the Lee County School District. However, after the teacher is "terminated", the teacher can reapply to the district for a different teaching position... this process usually requires the teacher to get re-fingerprinted and resubmit references to HR. In my opinion, the employment practices/policies of the LCSD are very questionable, with many of the policies lacking any logic - for example, the 24-hour break in employment policy, which requires any job applicant to "reapply" to the district if there has been more than a 24-hour break in employment (often as a result of a "termination").

Wink News Contact

On June 22, 2026, I contacted the Wink News investigation team (via email) and have not yet received a response. It seems there might be some level of a "cover-up" happening in regard to the policy and decision making of the Lee County School District.

Teacher Contracts

Florida Statute 1012.335 states that there are two different types of contracts for instructional personnel – probationary and annual. A probationary contract is a contract for a period of 1 school year awarded to instructional personnel upon initial [newly hired] employment in a school district. Probationary contract employees may be dismissed without cause or may resign without breach of contract. It is important to note that according to this statute, “A district school board may not award a probationary contract more than once to the same employee…”. Upon successful completion of the probationary contract, the district school board may award an annual contract.

At-Will Employment

Florida is an at-will employment state; which means an employer can fire you for any reason or no reason, with no notice required—as long as it's not for an illegal reason. The major exceptions are discrimination, retaliation, public policy violations, and breach of contract. In Florida, teachers are not tenured and are generally considered at-will employees under annual contracts. This system reflects Florida’s shift from traditional tenure to performance-based employment for instructional personnel.

Website Sources:

Is Florida an At-Will State? Rights and Exceptions

Florida Teacher Tenure: What Are the Laws?

Something to think about...

In my opinion, Florida taxpayers and legislators should reconsider the shift from teacher tenure contracts to performance-based contracts - has this shift truly benefited Florida students? Or is it just an excuse to create more “teacher openings” in order to keep district payroll down? Why would anyone want to become a teacher when their sacrifice and commitment can be undermined by the opinion of an administrator? Who, or what, determines the “performance level” of a teacher? How can a newly hired teacher improve and grow in the profession if they are considered at-will, and could be fired after one mistake? How many qualified and dedicated teachers have Florida students lost simply because of the opinion of the person doing the evaluation? Could denying students a certified and proven math teacher – even during a teacher shortage – be considered “dereliction of duty” by the Lee County School District? Should public school teachers be at-will employees? As government employees, public school teachers serve the community... and their salaries are taxpayer funded. It can be argued that public school teachers work for the people [parents and students] in their district… NOT for administrators and school board members.

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The Delayed Discovery Doctrine

The Delayed Discovery Law

The delayed discovery rule (law) provides that the statute of limitations clock does not start running until the plaintiff should have been aware of the injury, the cause of the injury, and a reasonable notice that the injury was caused by wrongdoing. This rule is mentioned in Florida Statute 95.031 (2)(a).

The discovery rule provides that the statute of limitations on bringing a claim does not begin to run until the date on which a claimant actually discovers (or should have discovered) an injury or loss —rather than on the date when the wrongful act giving rise to the injury or loss took place.

In Florida, the delayed discovery rule creates a new start date for the statute of limitations. The date you discover your injuries — not the date of the accident – becomes the date from which you calculate the time limit.

Website Source:

What is the delayed discovery rule?

Does the Delayed Discovery Rule apply in this case?

In my opinion, I believe it should apply; for the following reasons: a) I was repeatedly rehired [multiple contracts] by the Lee County School District, thus I had no reason to file a claim, b) since I was considered a probationary hire by the district, they [and I] believed they had the legal right to terminate my employment via Florida’s at-will employment law, and c) I did not become aware of the Florida Statutes 1012.335 & 1012.98 violations until July of 2025.

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The Lee County School District
Can Not Be Trusted.

The LCSD has been
violating Florida statutes
for over a decade!

This website is not associated with the School District of Lee County.

Legal Topics Discussed

Florida Statute 1012.335:
Probationary Contracts

View Related PDF Documents

Florida Statute 1012.98:
School Community Professional Learning Act.

View Related PDF Documents

Florida Statute 1012.23:
School District Personnel Policies

View Related PDF Documents

Wink News Contact

Teacher Contracts

At-Will Employment

Website Sources:

Something to think about...

The Delayed Discovery Law

Website Source:

Does the Delayed Discovery Rule apply in this case?

The Lee County School District Can Not Be Trusted.

The LCSD has been violating Florida statutes for over a decade!

This website is not associated with the School District of Lee County.

Legal Topics Discussed

Florida Statute 1012.335: Probationary Contracts

View Related PDF Documents

Teacher Contracts

The Delayed Discovery Law

Website Source:

The Lee County School District
Can Not Be Trusted.

The LCSD has been
violating Florida statutes
for over a decade!

Florida Statute 1012.335:
Probationary Contracts