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S1502aa....................................................by STATE AFFAIRS
TEACHERS - CONTRACTS - Amends existing law to clarify the conditions for a
probationary period for annual contract employees of a school district.
02/17 Senate intro - 1st rdg - to printing
02/18 Rpt prt - to Educ
03/06 Rpt out - to 14th Ord
03/10 Rpt out amen - to engros
03/11 Rpt engros - 1st rdg - to 2nd rdg as amen
03/12 2nd rdg - to 3rd rdg as amen
03/12 Rls susp - FAILED - 15-20-0
AYES--Branch, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Deide,
Geddes, Hawkins, Noh, Parry, Richardson, Risch, Thorne, Twiggs
NAYS--Andreason, Boatright, Darrington, Dunklin, Frasure, Hansen,
Ingram, Ipsen, Keough, King, Lee, McLaughlin, Riggs, Sandy,
Schroeder, Sorensen, Stennett, Sweeney, Wheeler, Whitworth Absent
and excused--None
Floor Sponsor - Deide
Filed with Secretary of the Senate
S1502|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1502, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ISSUANCE OF ANNUAL CONTRACTS BY THE BOARD OF TRUSTEES OF A SCHOOL 3 DISTRICT; AMENDING SECTION 33-514, IDAHO CODE, TO CLARIFY THE CONDITIONS 4 FOR A PROBATIONARY PERIOD FOR ANNUAL CONTRACT EMPLOYEES OF THE DISTRICT. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 33-514, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 33-514. ISSUANCE OF ANNUAL CONTRACTS. The board of trustees shall estab- 9 lish criteria and procedures for the supervision and evaluation of certifi- 10 cated employees who are not employed on a renewable contract, as provided for 11 in section 33-515, Idaho Code. Such procedures shall require at least one (1) 12 evaluation prior to the beginning of the second semester of the school year 13 and the results of any such evaluation shall be made a matter of record in the 14 employee's personnel file. When any such employee's work is found to be unsat- 15 isfactory a reasonable period of probationshallmay 16 be established by the board .after which17 If a probationary period is established by the board, at the conclusion 18 of the probation, action shall be taken by the board as to whether the 19 employee is to be retained, immediately discharged, discharged upon termina- 20 tion of the current contract or reemployed at the end of the contract term 21 under a continued probationary status. Notwithstanding the provisions of sec- 22 tions 67-2344 and 67-2345, Idaho Code, a decision to place certificated per- 23 sonnel on probationary status may be made in executive session and the 24 employee shall not be named in the minutes of the meeting. A record of the 25 decision shall be placed in the employee's personnel file. This procedure 26 shall not preclude recognition of unsatisfactory work at a subsequent evalua- 27 tion and the establishment of a n additional reasonable period of 28 probation. In all instances of probation , the employee shall be 29 duly notified in writing of the areas of work which are deficient, including 30 the conditions of probation. Through the third year of continuous employment 31 by the same school district, including any specially chartered district, each 32 such certificated employee shall be given notice, in writing, whether he or 33 she will be reemployed for the next ensuing year. Such notice shall be given 34 by the board of trustees no later than the fifteenth day of June of each such 35 year. If the board of trustees has decided not to reemploy the certificated 36 employee, then the notice must contain a statement of reasons for such deci- 37 sion and the employee shall, upon request, be given the opportunity for an 38 informal review of such decision by the board of trustees.
STATEMENT OF PURPOSE
RS 07912
The purpose of this legislation is to clarify the use of probation in the case of teachers on
annual contracts. Courts have determined that section 33-514 requires that employees on
an annual contract who are found to be unsatisfactory must be placed on probation for a
reasonable period of time prior to discharge. Employees on an annual contract are,
therefore, treated the same as employees on renewable contracts status. Employees in their
first three years of employment should be considered probationary employees and
protected only by due process laws.
FISCAL IMPACT
There will be no fiscal impact to the state general fund.
Contact: Senator Darrel Deide
332-1 343
S 1502