MARGARETTE R. BROWN, APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION AND HILLSBOROUGH COUNTY SCHOOL BOARD, APPELLEE
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Margarette Brown, a substitute teacher, sought unemployment benefits during summer vacation between school years. The court affirmed the denial of benefits, holding that substitute teachers with reasonable assurance of rehire are ineligible for unemployment compensation during established vacation periods between academic years.
Under Florida Statute § 443.091(3)(a), benefits are not payable for instructional services during the period between academic years if the individual performed those services in the first year and has reasonable assurance of performing services in the second year. Brown's signed renewal application constituted reasonable assurance of re-employment, making her ineligible for benefits.
[1] Unemployment benefits are not payable for instructional services at an educational institution during the period between academic years or terms if the individual has a r…
[2] A signed renewal application and substitute teacher agreement stating a reasonable assurance of re-employment is sufficient to disqualify a claimant from unemployment ben…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“unemployment benefits are not payable for instructional services at an educational institution during the period between academic years or terms if the individual seeking benefits performed those services in the first year or term and has a "contract or a reasonable assurance that the individual will perform services in any such capacity for any educational institution ... in the second of those academic years or terms."”
Establishes the statutory basis for denying unemployment benefits to substitute teachers with reasonable assurance of re-employment between school years.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBrown worked as a substitute teacher for Hillsborough County School Board starting in November 2008. She filed for unemployment benefits for the summe…
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Margarette R. Brown has been employed by the Hillsborough County School Board as a substitute teacher since November 2008. She filed a claim for unemployment compensation benefits for the summer vacation period between the 2010-11 and 2011-12 school years. The Agency for Workforce Innovation* denied the claim because benefits are not available between school terms or school years, or during established school vacations if the claimant has a reasonable assurance of being rehired for the next school term. An appeals referee affirmed the determination of ineligibility, and the Unemployment Appeals Commission (“Commission”) affirmed the referee’s decision, finding it supported by competent, substantial evidence.
We affirm the Commission’s order. Under section 443.091(3)(a), Florida Statutes (2010), unemployment benefits are not payable for instructional services at an educational institution during the period between academic years or terms if the individual seeking benefits performed those services in the first year or term and has a “contract or a reasonable assurance that the individual will perform services in any such capacity for any educational institution ... in the second of those academic years or terms.” Benefits are similarly not payable during “an established and customary vacation period or holiday recess ....” § 443.091(3)(c), Fla. Stat. *647(2010). Ms. Brown provided substitute teaching services during the 2010-11 academic year and submitted to the school board a signed Renewal Application and Substitute Teacher Agreement for the 2011-12 academic year. The agreement stated, inter alia: “I understand that returning the Renewal Application will ensure that I have a reasonable assurance of re-employment as a substitute teacher for the school term applied for....” Consequently, Ms. Brown is not eligible for unemployment compensation benefits for the period between academic years. See Parzik v. Unemployment Appeals Comm’n, 711 So.2d 636, 636 (Fla. 5th DCA 1998). We decline the invitation to interpret “reasonable assurance” to mean she must be guaranteed teaching assignments to be ineligible for benefits.
AFFIRMED.
WOLF and PADOVANO, JJ., concur.
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Vidal v. The Fla. Reemployment Assistance Appeals Comm'n & the Dade Cnty. Sch. Bd., 96 So. 3d 436 (Fla. 3d DCA 2012)…e to support the referee’s finding that, based on Mr. Vidal’s employment tradition with the Miami-Dade School Board, he was reasonably assured of employment for the school term after the summer of 2010. See Brown v. Fla. Unemployment Appeals Comm’n, 81 So. 3d 646 (Fla. 1st DCA 2012) (holding that substitute teacher was not entitled to unemployment benefits for summer vacation period although she was not guaranteed teaching assignment for upcoming academic year, where she was a substitute teacher for prior ac…
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Isbelia M. Duran v. Fla. Unemployment Appeals Comm'n, 98 So. 3d 1174 (Fla. 3d DCA 2012)…rt of the record on appeal, contains testimony from the representative of the School Board that there was a reasonable assurance that Ms. Duran would be called back, and the finding was such by the referee. Brown v. Fla. Unemployment Appeals Comm’n, 81 So. 3d 646, (Fla. 1st DCA 2012). Additionally, it does not seem logical that the Collective Bargaining Agreement [*1179] hammered out by the United Teachers of Dade and the MDCPS and the Florida statutes are designed such that someone in Ms. Duran’s position…
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Martinez v. Reemployment Assistance Appeals Comm'n & Dade Cnty. Sch. Bd., 119 So. 3d 557 (Fla. 1st DCA 2013)…t this factual finding, and based on this finding, the referee and the RAAC correctly concluded as a matter of law that Appellant was ineligible for benefits. See § 443.091(3)(b), (3)(c), Fla. Stat. (2012); Brown v. Fla. Unemployment Appeals Comm’n, 81 So. 3d 646, 647 (Fla. 1st DCA 2012) (“We decline the invitation to interpret ‘reasonable assurance’ to mean [the appellant] must be guaranteed teaching assignments to be ineligible for benefits”). Accordingly, we affirm the final order. AFFIRMED. BENTON, W…
Authorities Cited
- Parzik v. Unemployment Appeals Comm'n, 711 So. 2d 636 (Fla. 5th DCA 1998)