View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
S1428..........................................................by EDUCATION TEACHERS - PROBATION - Amends and adds to existing law to define reasonable period of probation of school teachers, to clarify that probation is not necessary for a material violation of any lawful rules or regulations of the board of trustees of a school district or the State Board of Education, or for any conduct which could constitute grounds for revocation of a teacher's certificate and to provide clarification about grievances and other procedures placed in school district master contracts. 02/11 Senate intro - 1st rdg - to printing 02/12 Rpt prt - to Educ
S1428|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1428 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO EMPLOYEES OF SCHOOL DISTRICTS; AMENDING SECTION 33-515, IDAHO 3 CODE, TO PROVIDE A DEFINITION OF THE MINIMUM PERIOD OF PROBATION AND TO 4 PROVIDE WHEN A PROBATION PERIOD IS NOT NECESSARY; AND AMENDING CHAPTER 5, 5 TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-515B, IDAHO 6 CODE, TO PROVIDE WHEN A GRIEVANCE OR LIKE PROCEDURE MAY NOT BE UTILIZED BY 7 A SCHOOL DISTRICT. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 33-515, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 33-515. ISSUANCE OF RENEWABLE CONTRACTS. During the third full year of 12 continuous employment by the same school district, including any specially 13 chartered district, each certificated employee named in subsection 13 of sec- 14 tion 33-1001, Idaho Code, and each school nurse and school librarian shall be 15 evaluated for a renewable contract and shall, upon having been offered a con- 16 tract for the next ensuing year, having given notice of acceptance of renewal 17 and upon signing a contract for a fourth full year, be placed on a renewable 18 contract status with said school district subject to the provisions included 19 in this chapter. 20 After the third full year of employment and at least once annually, the 21 performance of each such certificated employee, school nurse, or school 22 librarian shall be evaluated according to criteria and procedures established 23 by the board of trustees in accordance with general guidelines approved by the 24 state board of education. Except as otherwise provided, that person shall have 25 the right to automatic renewal of contract by giving notice, in writing, of 26 acceptance of renewal. Such notice shall be given to the board of trustees of 27 the school district then employing such person not later than the fifteenth 28 day of June preceding the expiration of the term of the current contract. 29 Except as otherwise provided by this paragraph, the board of trustees shall 30 notify each person entitled to be employed on a renewable contract of the 31 requirement that such person must give the notice hereinabove and that failure 32 to do so may be interpreted by the board as a declination of the right to 33 automatic renewal or the offer of another contract. Such notification shall be 34 made, in writing, not later than the twenty-fifth day of May, in each year, 35 except to those persons to whom the board, prior to said date, has sent pro- 36 posed contracts for the next ensuing year, or to whom the board has given the 37 notice required by this section. 38 Any contract automatically renewed under the provisions of this section 39 shall be for the same length as the term stated in the current contract and at 40 a salary no lower than that specified therein, to which shall be added such 41 increments as may be determined by the statutory or regulatory rights of such 42 employee by reason of training, service, or performance. 43 Nothing herein shall prevent the board of trustees from offering a renewed 2 1 contract increasing the salary of any certificated person, or from reassigning 2 administrative or supervisory employees to classroom teaching duties or remov- 3 ing an extra duty assignment from a certificated employee with appropriate 4 reduction of salaries from pre-existing salary levels. 5 Before a board of trustees can determine not to renew for reasons of an 6 unsatisfactory report of the performance of any certificated person whose con- 7 tract would otherwise be automatically renewed, or to renew the contract of 8 any such person at a reduced salary, such person shall be entitled to a rea- 9 sonable period of probation of not less than six (6) weeks. A probation 10 period is not necessary for a material violation of any lawful rules or regu- 11 lations of the board of trustees or of the state board of education, or for 12 any conduct which could constitute grounds for revocation of a teaching cer- 13 tificate . This period of probation shall be preceded by a written 14 notice from the board of trustees with reasons for such probationary period 15 and with provisions for adequate supervision and evaluation of the person's 16 performance during the probationary period. Such period of probation shall not 17 affect the person's renewable contract status. Consideration of probationary 18 status for certificated personnel is consideration of the status of an 19 employee within the meaning of section 67-2345, Idaho Code, and may be held in 20 executive session. If the consideration results in probationary status, the 21 individual on probation shall not be named in the minutes of the meeting. A 22 record of the decision shall be placed in the teacher's personnel file. 23 If the board of trustees takes action to immediately discharge or dis- 24 charge upon termination of the current contract a certificated person whose 25 contract would otherwise be automatically renewed, or to renew the contract of 26 any such person at a reduced salary, the action of the board shall be consis- 27 tent with the procedures specified in section 33-513(5), Idaho Code, and fur- 28 thermore, the board shall notify the employee in writing whether there is just 29 and reasonable cause not to renew the contract or to reduce the salary of the 30 affected employee, and if so, what reasons it relied upon in that determina- 31 tion. 32 If the board of trustees, for reasons other than unsatisfactory service, 33 for the ensuing contract year, determines to change the length of the term 34 stated in the current contract, reduce the salary or not renew the contract of 35 a certificated person whose contract would otherwise be automatically renewed, 36 nothing herein shall require a probationary period. 37 SECTION 2. That Chapter 5, Title 33, Idaho Code, be, and the same is 38 hereby amended by the addition thereto of a NEW SECTION , to be 39 known and designated as Section 33-515B, Idaho Code, and to read as follows: 40 33-515B. PROCEDURES THAT MAY NOT BE USED. No grievance or like procedure 41 other than that authorized by statute shall be utilized by any school district 42 for any nonreemployment authorized by section 33-514, Idaho Code, or non- 43 renewal authorized by section 33-515, Idaho Code, or termination authorized by 44 section 33-513, Idaho Code, or for the placing of any employee on probation or 45 for any grievance not personally brought by the affected employee.
STATEMENT OF PURPOSE
RS07679C1
The purpose of this legislation is to clarify the vague term "reasonable
period of probation" and to clarify that probation is not necessary for a
material violation of any lawful rules or regulations of the board of trustees
or of the state board of education, or for any conduct which could
constitute grounds for revocation of a teaching certificate. Currently,
districts are being taken to court over the length of probation because the
term is not clearly defined in 33-515. In addition, 33-515B is added to
provide clarification about grievances and other procedures placed in
school district Master Contract.
FISCAL IMPACT
There will be no fiscal impact to the State General Fund.
Contact: Senator Atwell Parry 334-4735
Senator Darrel Diede 332-1343
S 1428