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S1115..........................................................by EDUCATION TEACHERS - CONTRACTS - Amends existing law to specify the number of days which shall constitute a full-time contract for professional personnel of school districts; and to impose a deduction from salary-based apportionment based upon the percentage by which a school district fails to implement a full-time contract. 02/12 Senate intro - 1st rdg - to printing 02/13 Rpt prt - to Educ
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1115 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO PROFESSIONAL PERSONNEL OF SCHOOL DISTRICTS; AMENDING SECTION 3 33-513, IDAHO CODE, TO SPECIFY THE NUMBER OF DAYS WHICH SHALL CONSTITUTE A 4 FULL-TIME CONTRACT FOR PROFESSIONAL PERSONNEL AND TO MAKE A TECHNICAL COR- 5 RECTION; AND AMENDING SECTION 33-1004E, IDAHO CODE, TO PROVIDE A DEDUCTION 6 FROM SALARY-BASED APPORTIONMENT BASED UPON THE PERCENTAGE BY WHICH A DIS- 7 TRICT FAILS TO IMPLEMENT A FULL-TIME CONTRACT. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 33-513, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 33-513. PROFESSIONAL PERSONNEL. The board of trustees of each school dis- 12 trict including any specially chartered district, shall have the following 13 powers and duties: 14 1. To employ professional personnel, on written contract in form approved 15 by the state superintendent of public instruction, conditioned upon a valid 16 certificate being held by such professional personnel at the time of entering 17 upon the duties thereunder. Full-time contracts shall not be less than one 18 hundred ninety-one (191) days during the 2001-2002 school year and will 19 increase by one (1) day each year until a maximum of one hundred ninety-five 20 (195) days is reached. During the 2001-2002 school year, not less than six (6) 21 days of the contract will be devoted to teacher training and will increase by 22 one (1) day each year until a maximum of ten (10) days are devoted to teacher 23 training. Not more than five (5) days of the contract may be used for paid 24 holidays. All remaining days shall be used as educational service days. Educa- 25 tional service days are defined as days of instruction, days working with stu- 26 dents, days in parent-teacher conferences or as allowed in section 33-512, 27 Idaho Code. Should the board of trustees fail to enter into written contract 28 for the employment of any such person, the state superintendent of public 29 instruction shall withhold ensuing apportionments until such written contract 30 be entered into. When the board of trustees has delivered a proposed contract 31 for the next ensuing year to any such person, such person shall have a period 32 of time to be determined by the board of trustees in its discretion, but in no 33 event less than ten (10) days from the date the contract is delivered, in 34 which to sign the contract and return it to the board. Delivery of a contract 35 may be made only in person or by certified mail, return receipt requested. 36 When delivery is made in person, delivery of the contract must be acknowledged 37 by a signed receipt. When delivery is made by certified mail, delivery must be 38 acknowledged by the return of the certified mail receipt from the person to 39 whom the contract was sent. Should the person willfully refuse to acknowledge 40 receipt of the contract or the contract is not signed and returned to the 41 board in the designated period of time, the board may declare the position 42 vacant. 43 The board of trustees shall withhold the salary of any teacher who does 2 1 not hold a teaching certificate valid in this state. It shall not contract to 2 require any teacher to make up time spent in attending any meeting called by 3 the state board of education or by the state superintendent of public instruc- 4 tion; nor while attending regularly scheduled official meetings of the state 5 teachers' association. 6 2. In the case of school districts other than elementary school dis- 7 tricts, to employ a superintendent of schools for a term not to exceed three 8 (3) years, who shall be the executive officer of the board of trustees with 9 such powers and duties as the board may prescribe. The superintendent shall 10 also act as the authorized representative of the district whenever such is 11 required, unless some other person shall be named by the board of trustees to 12 act as its authorized representative. The board of trustees shall conduct an 13 annual, written formal evaluation of the work of the superintendent of the 14 district. The evaluation shall indicate the strengths and weaknesses of the 15 superintendent's job performance in the year immediately preceding the evalua- 16 tion and areas where improvement in the superintendent's job performance, in 17 the view of the board of trustees, is called for. 18 3. To employ through written contract principals who shall hold a valid 19 certificate appropriate to the position for which they are employed, who shall 20 supervise the operation and management of the school in accordance with the 21 policies established by the board of trustees and who shall be under the 22 supervision of the superintendent. 23 4. To employ assistant superintendents and principals for a term not to 24 exceed two (2) years. Service performed under such contract shall be included 25 in meeting the provisions of section 33-515, Idaho Code, as a teacher and per- 26 sons eligible for a renewable contract as a teacher shall retain such eligi- 27 bility. 28 5. To suspend, grant leave of absence, place on probation or discharge 29 certificated professional personnel for a material violation of any lawful 30 rules or regulations of the board of trustees or of the state board of educa- 31 tion, or for any conduct which could constitute grounds for revocation of a 32 teaching certificate. Any certificated professional employee, except the 33 superintendent, may be discharged during a contract term under the following 34 procedures: 35 (a) The superintendent or any other duly authorized administrative offi- 36 cer of the school district may recommend the discharge of any certificated 37 employee by filing with the board of trustees written notice specifying 38 the alleged reasons for discharge. 39 (b) Upon receipt of such notice the board acting through their duly 40 authorized administrative official, shall give the affected employee writ- 41 ten notice of the allegations and the recommendation of discharge, along 42 with written notice of a hearing before the board prior to any determina- 43 tion by the board of the truth of the allegations. 44 (c) The hearing shall be scheduled to take place not less than six (6) 45 days nor more than twenty-one (21) days after receipt of the notice by the 46 employee. The date provided for the hearing may be changed by mutual con- 47 sent. 48 (d) The hearing shall be public unless the employee requests in writing 49 that it be in executive session. 50 (e) All testimony at the hearing shall be given under oath or affirma- 51 tion. Any member of the board, or the clerk of the board, may administer 52 oaths to witnesses or affirmations by witnesses. 53 (f) The employee may be represented by legal counsel and/or by a repre- 54 sentative of a local or state teachers' association. 55 (g) The chairman of the board or the designee of the chairman shall con- 3 1 duct the hearing. 2 (h) The board shall cause an electronic record of the hearing to be made 3 or shall employ a competent reporter to take stenographic or stenotype 4 notes of all the testimony at the hearing. A transcript of the hearing 5 shall be provided at cost by the board upon request of the employee. 6 (i) At the hearing the superintendent or other duly authorized adminis- 7 trative officer shall present evidence to substantiate the allegations 8 contained in such notice. 9 (j) The employee may produce evidence to refute the allegations. Any wit- 10 ness presented by the superintendent or by the employee shall be subject 11 to cross-examination. The board may also examine witnesses and be repre- 12 sented by counsel. 13 (k) The affected employee may file written briefs and arguments with the 14 board within three (3) days after the close of the hearing or such other 15 time as may be agreed upon by the affected employee and the board. 16 (l) Within fifteen (15) days following the close of the hearing, the 17 board shall determine and, acting through their duly authorized adminis- 18 trative official, shall notify the employee in writing whether the evi- 19 dence presented at the hearing established the truth of the allegations 20 and whether the employee is to be retained, immediately discharged, or 21 discharged upon termination of the current contract. 22 SECTION 2. That Section 33-1004E, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 33-1004E. DISTRICT'S SALARY-BASED APPORTIONMENT. Each district shall be 25 entitled to a salary-based apportionment calculated as provided in this sec- 26 tion. 27 1. To determine the apportionment for instructional staff, first deter- 28 mine the district average experience and education index by placing all eligi- 29 ble district certificated instructional employees on the statewide index pro- 30 vided in section 33-1004A, Idaho Code. The resulting average is the district 31 index. Districts with an index above the state average index shall receive 32 their actual index but not more than the state average plus .03 for the 33 1994-95 school year, and shall receive their actual index but not more than 34 the state average plus .06 for the 1995-96 school year, and thereafter shall 35 receive their actual district index. The district instructional staff index 36 shall be multiplied by the instructional base salary of $20,915. The amount so 37 determined shall be multiplied by the district staff allowance for instruc- 38 tional staff determined as provided in section 33-1004 2., Idaho Code. If an 39 instructional staff member has been certified by the national board for pro- 40 fessional teaching standards, the staff member shall be designated as a master 41 teacher and receive $2,000 per year for five (5) years. The instructional sal- 42 ary shall be increased by $2,000 for each master teacher. The resulting amount 43 is the district's salary-based apportionment for instructional staff. For pur- 44 poses of this section, teachers qualifying for the salary increase as master 45 teacher shall be those who have been recognized as national board certified 46 teachers as of July 1 of each year. 47 2. To determine the apportionment for district administrative staff, 48 first determine the district average experience and education index by placing 49 all eligible certificated administrative employees on the statewide index pro- 50 vided in section 33-1004A, Idaho Code. The resulting average is the district 51 index. Districts with an index above the state average index shall receive 52 their actual index but not more than the state average plus .03 for the school 53 year 1994-95, and shall receive their actual index but not more than the state 4 1 average index plus .06 for the 1995-96 school year, and thereafter shall 2 receive their actual district index. The district administrative staff index 3 shall be multiplied by the base salary of $30,599. The amount so determined 4 shall be multiplied by the district staff allowance for administrative staff 5 determined as provided in section 33-1004 3., Idaho Code. The resulting amount 6 is the district's salary-based apportionment for administrative staff. 7 3. To determine the apportionment for classified staff, multiply $16,232 8 by the district classified staff allowance determined as provided in section 9 33-1004 4., Idaho Code. The amount so determined is the district's apportion- 10 ment for classified staff. 11 4. The district's salary-based apportionment shall be the sum of the 12 apportionments calculated in subsections 1., 2. and 3., of this section, plus 13 the benefit apportionment as provided in section 33-1004F, Idaho Code. 14 5. For any school district which fails to comply with the provisions of 15 section 33-513 1., Idaho Code, which defines a full-time contract, an amount 16 equal to the percentage by which the district does not meet the definition of 17 full time applied to the staff apportionments shall be deducted from the 18 district's salary-based apportionment calculated in subsection 4. of this sec- 19 tion.
STATEMENT OF PURPOSE RS 10976 The state reimburses school districts though the staff allowance for professional staff based upon the average education and experience level of the staff. All school districts are treated equally in this regard. However, the number of contract days that are worked by the instructional staff varies a great deal. In order to bring fairness to the system a uniform calendar is required. Further, there is a need to provide more planning time for teachers and this legislation will add five (5) days for this purpose over a five (5) year period. FISCAL IMPACT Since the state increase to public schools is in excess of the need to meet cost of living and student growth, there is no fiscal impact. Contact Name: Darrel Deide Phone: 332-1345 STATEMENT OF PURPOSE/FISCAL NOTE S1115