Print Friendly SENATE BILL NO. 1474 – Teachers, renewable contracts, rqmt
SENATE BILL NO. 1474
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TEACHERS - Amends existing law to govern the requirements for issuance of
renewable contracts when a certificated school employee is paid for extra
duty assignments or extended or supplemental contracts.
02/16 Senate intro - 1st rdg - to printing
02/17 Rpt prt - to Educ
03/03 Rpt out - rec d/p - to 2nd rdg
03/04 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 25-6-4
AYES--Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow,
Darrington, Deide, Frasure, Geddes, Hawkins, Ingram, Keough, King,
Lee, Noh, Parry, Richardson, Riggs, Risch, Sandy, Sorensen, Sweeney,
NAYS--Andreason, Hansen, McLaughlin, Schroeder, Stennett, Whitworth
Absent and excused--Danielson, Dunklin, Ipsen, Thorne
Floor Sponsors - Cameron, Deide
Title apvd - to House
03/09 House intro - 1st rdg - to Educ
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN THE SENATE
SENATE BILL NO. 1474
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO CONTRACTS FOR CERTIFICATED SCHOOL DISTRICT EMPLOYEES; AMENDING
3 SECTION 33-515, IDAHO CODE, TO DEFINE "BASE SALARY" AND TO DEFINE CONDI-
4 TIONS GOVERNING RENEWAL OF EXTRA DUTY ASSIGNMENTS, EXTENDED OR SUPPLEMEN-
5 TAL CONTRACTS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 33-515, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 33-515. ISSUANCE OF RENEWABLE CONTRACTS. During the third full year of
10 continuous employment by the same school district, including any specially
11 chartered district, each certificated employee named in subsection 13 of sec-
12 tion 33-1001, Idaho Code, and each school nurse and school librarian shall be
13 evaluated for a renewable contract and shall, upon having been offered a con-
14 tract for the next ensuing year, having given notice of acceptance of renewal
15 and upon signing a contract for a fourth full year, be placed on a renewable
16 contract status with said school district subject to the provisions included
17 in this chapter.
18 After the third full year of employment and at least once annually, the
19 performance of each such certificated employee, school nurse, or school
20 librarian shall be evaluated according to criteria and procedures established
21 by the board of trustees in accordance with general guidelines approved by the
22 state board of education. Except as otherwise provided, that person shall have
23 the right to automatic renewal of contract by giving notice, in writing, of
24 acceptance of renewal. Such notice shall be given to the board of trustees of
25 the school district then employing such person not later than the fifteenth
26 day of June preceding the expiration of the term of the current contract.
27 Except as otherwise provided by this paragraph, the board of trustees shall
28 notify each person entitled to be employed on a renewable contract of the
29 requirement that such person must give the notice hereinabove and that failure
30 to do so may be interpreted by the board as a declination of the right to
31 automatic renewal or the offer of another contract. Such notification shall be
32 made, in writing, not later than the twenty-fifth day of May, in each year,
33 except to those persons to whom the board, prior to said date, has sent pro-
34 posed contracts for the next ensuing year, or to whom the board has given the
35 notice required by this section.
36 Any contract automatically renewed under the provisions of this section
37 shall be for the same length as the term stated in the current contract and at
38 a base salary no lower than that specified therein, to which
39 shall be added such increments as may be determined by the statutory or regu-
40 latory rights of such employee by reason of training, service, or performance.
41 "Base salary" when used herein means the certificated employees contract
42 minus any extra duty assignments, extended, or supplemental contracts.
43 Nothing herein shall prevent the board of trustees from offering a
1 renewed contract increasing the salary of any certificated person, or from
2 reassigning administrative or supervisory employees to classroom teaching
3 duties or removing an extra duty assignment from a certificated employee with
4 appropriate 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 base salary, such person shall be
9 entitled to a reasonable period of probation. This period of probation shall
10 be preceded by a written notice from the board of trustees with reasons for
11 such probationary period and with provisions for adequate supervision and
12 evaluation of the person's performance during the probationary period. Such
13 period of probation shall not affect the person's renewable contract status.
14 Consideration of probationary status for certificated personnel is consider-
15 ation of the status of an employee within the meaning of section 67-2345,
16 Idaho Code, and may be held in executive session. If the consideration results
17 in probationary status, the individual on probation shall not be named in the
18 minutes of the meeting. A record of the decision shall be placed in the
19 teacher's personnel file.
20 If the board of trustees takes action to immediately discharge or dis-
21 charge upon termination of the current contract a certificated person whose
22 contract would otherwise be automatically renewed, or to renew the contract of
23 any such person at a reduced base salary, the action of the board
24 shall be consistent with the procedures specified in section 33-513(5), Idaho
25 Code, and furthermore, the board shall notify the employee in writing whether
26 there is just and reasonable cause not to renew the contract or to reduce the
27 base salary of the affected employee, and if so, what reasons it
28 relied upon in that determination.
29 If the board of trustees, for reasons other than unsatisfactory service,
30 for the ensuing contract year, determines to change the length of the term
31 stated in the current contract, reduce the base salary or not
32 renew the contract of a certificated person whose contract would otherwise be
33 automatically renewed, nothing herein shall require a probationary period.
34 Nothing herein shall prevent the board of trustees from offering a
35 renewed contract increasing the salary of any certificated person, or from
36 reassigning administrative or supervisory employees to classroom teaching
37 duties or removing an extra duty assignment or any assignment for which the
38 certificated employee is paid by timecard, supplemental contract or a con-
39 tracted service from a certificated employee with appropriate reduction of
40 salaries from pre-existing salary levels. When reassigning administrative or
41 supervisory employees to classroom teaching duties or removing any extra duty
42 assignment or any other assignment paid by time card, extended or supplemental
43 contract or a contracted service, the board of trustees will not be required
44 to provide a probationary period or a hearing.
STATEMENT OF PURPOSE
The Purpose of this bill is to redefine base salary contracts, to make clear that extra duty
assignments or supplemental contracts do not constitute property rights.
If anything, would result in a saving to the general fund and to the property tax payer.
CONTACT: Senator Dean L. Cameron
Dr. Nick Hallett, Superintendent, Minidoka School District