1998 Legislation
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SENATE BILL NO. 1474 – Teachers, renewable contracts, rqmt


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Daily Data Tracking History

S1474..........................................................by EDUCATION
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,
      Twiggs, Wheeler
      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

Bill Text


 ||||              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
 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 / Fiscal Impact


                          STATEMENT OF PURPOSE
                                RS 07485
    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.
                              FISCAL IMPACT
    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
    S 1474