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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
S1474|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN 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. 43Nothing herein shall prevent the board of trustees from offering a2 1renewed contract increasing the salary of any certificated person, or from2reassigning administrative or supervisory employees to classroom teaching3duties or removing an extra duty assignment from a certificated employee with4appropriate 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
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
332-1315
Dr. Nick Hallett, Superintendent, Minidoka School District
436-4727
S 1474