1998 Legislation
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SENATE BILL NO. 1502, As Amended – Teachers/annual contract/probation

SENATE BILL NO. 1502, As Amended

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Daily Data Tracking History

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

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998

                                      IN THE SENATE

                             SENATE BILL NO. 1502, As Amended

                                BY STATE AFFAIRS COMMITTEE

 1                                        AN ACT

 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  probation    shall      may
16      be  established  by  the  board .   after which 
17     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 / Fiscal Impact


                            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