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S1430..........................................................by EDUCATION
SCHOOLS - NONCERTIFICATED EMPLOYEES - Adds to existing law relating to
public school noncertificated employees to provide a renewable contract
under the terms specified, including evaluation, notification and
probationary period.
02/11 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to Educ
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1430
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC SCHOOL NONCERTIFICATED EMPLOYEES; AMENDING CHAPTER 5, TITLE
3 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-520, IDAHO CODE, TO
4 PROVIDE A RENEWABLE CONTRACT UNDER THE TERMS SPECIFIED FOR NONCERTIFICATED
5 EMPLOYEES.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Chapter 5, Title 33, Idaho Code, be, and the same is
8 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
9 ignated as Section 33-520, Idaho Code, and to read as follows:
10 33-520. NONCERTIFICATED EMPLOYEES -- RENEWABLE CONTRACT. During the third
11 full year of continuous employment by the same school district, including any
12 specially chartered district, each noncertificated employee shall be evaluated
13 for a renewable contract and shall, upon having been offered a contract for
14 the next ensuing year, having given notice of acceptance of renewal and upon
15 signing a contract for a fourth full year, be placed on a renewable contract
16 status with the school district subject to the provisions included in this
17 chapter.
18 After the third full year of employment and at least once annually, the
19 performance of each noncertificated employee shall be evaluated according to
20 criteria and procedures established by the board of trustees in accordance
21 with general guidelines approved by the state board of education. Except as
22 otherwise provided, that person shall have the right to automatic renewal of
23 contract by giving notice, in writing, of acceptance of renewal. Such notice
24 shall be given to the board of trustees of the school district then employing
25 the person not later than the first day of June preceding the expiration of
26 the term of the current contract. Except as otherwise provided by this para-
27 graph, the board of trustees shall notify each person entitled to be employed
28 on a renewable contract of the requirement that the employee must give the
29 notice as provided and that failure to do so may be interpreted by the board
30 as a declination of the right to automatic renewal or the offer of another
31 contract. Such notification shall be made, in writing, not later than the fif-
32 teenth day of May, in each year, except to those persons to whom the board,
33 prior to said date, has sent proposed contracts for the next ensuing year, or
34 to whom the board has given the notice required by this section.
35 Any contract automatically renewed under the provisions of this section
36 shall be for the same length as the term stated in the current contract and at
37 a salary no lower than that specified therein.
38 Before a board of trustees can determine not to renew for reasons of an
39 unsatisfactory report of the performance of any noncertificated person whose
40 contract would otherwise be automatically renewed, or to renew the contract of
41 any such person at a reduced salary, the person shall be entitled to a reason-
42 able period of probation. This period of probation shall be preceded by a
43 written notice from the board of trustees with reasons for such probationary
2
1 period and with provisions for adequate supervision and evaluation of the
2 person's performance during the probationary period. The period of probation
3 shall not affect the person's renewable contract status. Consideration of pro-
4 bationary status for noncertificated personnel is consideration of the status
5 of an employee within the meaning of section 67-2345, Idaho Code, and may be
6 held in executive session. If the consideration results in probationary sta-
7 tus, the individual on probation shall not be named in the minutes of the
8 meeting. A record of the decision shall be placed in the employee's personnel
9 file.
10 If the board of trustees takes action to immediately discharge or dis-
11 charge upon termination of the current contract a noncertificated person whose
12 contract would otherwise be automatically renewed, or to renew the contract of
13 any such person at a reduced salary, the board of trustees shall follow the
14 following procedures:
15 (a) The superintendent or any other duly authorized administrative offi-
16 cial of the school district may recommend the discharge of any noncertifi-
17 cated employee by filing with the board of trustees written notice speci-
18 fying the alleged reasons for discharge.
19 (b) Upon receipt of the notice, the board, acting through its duly autho-
20 rized administrative official, shall give the affected noncertificated
21 employee written notice of the allegations and the recommendation of dis-
22 charge, along with written notice of a hearing before the board prior to
23 any determination by the board of the truth of the allegations.
24 (c) The hearing shall be scheduled to take place not less than six (6)
25 days nor more than twenty-one (21) days after receipt of the notice by the
26 employee. The date provided for the hearing may be changed by mutual con-
27 sent.
28 (d) The hearing shall be public unless the employee requests in writing
29 that it be in executive session.
30 (e) All testimony at the hearing shall be given under oath or affirma-
31 tion. Any member of the board, or the clerk of the board, may administer
32 oaths to witnesses or affirmations by witnesses.
33 (f) The employee may be represented by legal counsel and/or by a repre-
34 sentative of a local or state teachers association.
35 (g) The chairman of the board or the designee of the chairman shall con-
36 duct the hearing.
37 (h) The board shall cause an electronic record of the hearing to be made
38 or shall employ a competent reporter to take stenographic or stenotype
39 notes of all the testimony at the hearing. A transcript of the hearing
40 shall be provided at cost by the board upon request of the employee.
41 (i) At the hearing the superintendent or other duly authorized adminis-
42 trative official shall present evidence to substantiate the allegations
43 contained in the notice.
44 (j) The employee may produce evidence to refute the allegations. Any wit-
45 ness presented by the superintendent or by the employee shall be subject
46 to cross-examination. The board may also examine witnesses and be repre-
47 sented by counsel.
48 (k) The affected employee may file written briefs and arguments with the
49 board within three (3) days after the close of the hearing or such other
50 time as may be agreed upon by the affected employee and the board.
51 (l) Within fifteen (15) days following the close of the hearing, the
52 board shall determine and, acting through its duly authorized administra-
53 tive official, shall notify the employee in writing whether the evidence
54 presented at the hearing established the truth of the allegations and
55 whether the employee is to be retained, immediately discharged, or dis-
3
1 charged upon termination of the current contract.
2 Furthermore, the board shall notify the employee in writing whether there
3 is just and reasonable cause not to renew the contract or to reduce the salary
4 of the affected employee and, if so, what reasons it relied upon in that
5 determination.
6 If the board of trustees, for reasons other than unsatisfactory service,
7 for the ensuing contract year, determines to change the length of the term
8 stated in the current contract, reduce the salary or not renew the contract of
9 a noncertificated person whose contract would otherwise be automatically
10 renewed, nothing herein shall require a probationary period.
STATEMENT OF PURPOSE
RS12018
This legislation provides for renewable contract status for
noncertificated employees, employed in the same Idaho school
district for three consecutive years.
FISCAL IMPACT
None.
Contact:
Name: Jason Seubert, Idaho Education Association
Phone: 344-1341
S 1430