Print Friendly HOUSE BILL NO. 745 – School dist/certain/cnty superintnd
HOUSE BILL NO. 745
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SCHOOL DISTRICTS - Amends existing law to provide that a county
superintendent of schools shall serve a combination of school districts of
less than 5,000 students located within a county.
02/17 House intro - 1st rdg - to printing
02/18 Rpt prt - to Educ
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 745
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO SCHOOL BOARDS OF TRUSTEES; AMENDING SECTION 33-513, IDAHO CODE, TO
3 PROVIDE FOR A COUNTY SUPERINTENDENT OF SCHOOLS TO SERVE DISTRICTS OF LESS
4 THAN FIVE THOUSAND STUDENT POPULATION; AND PROVIDING AN EFFECTIVE DATE.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 33-513, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 33-513. PROFESSIONAL PERSONNEL. The board of trustees of each school dis-
9 trict including any specially chartered district, shall have the following
10 powers and duties:
11 1. To employ professional personnel, on written contract in form approved
12 by the state superintendent of public instruction, conditioned upon a valid
13 certificate being held by such professional personnel at the time of entering
14 upon the duties thereunder. Should the board of trustees fail to enter into
15 written contract for the employment of any such person, the state superintend-
16 ent of public instruction shall withhold ensuing apportionments until such
17 written contract be entered into. When the board of trustees has delivered a
18 proposed contract for the next ensuing year to any such person, such person
19 shall have a period of time to be determined by the board of trustees in its
20 discretion, but in no event less than ten (10) days from the date the contract
21 is delivered, in which to sign the contract and return it to the board. Deliv-
22 ery of a contract may be made only in person or by certified mail, return
23 receipt requested. When delivery is made in person, delivery of the contract
24 must be acknowledged by a signed receipt. When delivery is made by certified
25 mail, delivery must be acknowledged by the return of the certified mail
26 receipt from the person to whom the contract was sent. Should the person will-
27 fully refuse to acknowledge receipt of the contract or the contract is not
28 signed and returned to the board in the designated period of time, the board
29 may declare the position vacant.
30 The board of trustees shall withhold the salary of any teacher who does
31 not hold a teaching certificate valid in this state. It shall not contract to
32 require any teacher to make up time spent in attending any meeting called by
33 the state board of education or by the state superintendent of public instruc-
34 tion; nor while attending regularly scheduled official meetings of the state
35 teachers' association.
36 2. In the case of school districts other than elementary school
37 districts with more than five thousand (5,000) students ,
38 to employ a superintendent of schools . for a
39 In the case of school districts of less than five thousand (5,000) students,
40 the district shall be served by a county superintendent of schools, selected
41 by a panel of school trustees representing the school districts of that county
42 with less than five thousand (5,000) students. In a school district containing
43 territory in more than one (1) county, the district shall be served by the
1 county superintendent of schools of that county with the greatest number of
2 registered voters of the district on July 1, 2000. The term of
3 employment of the district or county superintendent of schools may not
4 to exceed three (3) years . , who
5 The superintendent shall be the executive officer of the district
6 or county with such powers and duties as the board of trustees
7 with such powers and duties as the board may prescribe. The superin-
8 tendent shall also act as the authorized representative of the district
9 (s) whenever such is required, unless some other person shall be named
10 by the board (s) of trustees to act as its the
11 authorized representative. The board (s) of trustees shall
12 conduct an annual, written formal evaluation of the work of the superintendent
13 of the county or district. The evaluation shall indicate the
14 strengths and weaknesses of the superintendent's job performance in the year
15 immediately preceding the evaluation and areas where improvement in the
16 superintendent's job performance, in the view of the board (s) of
17 trustees, is called for.
18 3. To employ through written contract principals who shall hold a valid
19 certificate appropriate to the position for which they are employed, who shall
20 supervise the operation and management of the school in accordance with the
21 policies established by the board of trustees and who shall be under the
22 supervision of the superintendent.
23 4. To employ assistant superintendents and principals for a term not to
24 exceed two (2) years. Service performed under such contract shall be included
25 in meeting the provisions of section 33-515, Idaho Code, as a teacher and per-
26 sons eligible for a renewable contract as a teacher shall retain such eligi-
28 5. To suspend, grant leave of absence, place on probation or discharge
29 certificated professional personnel for a material violation of any lawful
30 rules or regulations of the board of trustees or of the state
31 board of education, or for any conduct which could constitute grounds for
32 revocation of a teaching certificate. Any certificated professional employee,
33 except the superintendent, may be discharged during a contract term under the
34 following procedures:
35 (a) The superintendent or any other duly authorized administrative offi-
36 cer of the school district may recommend the discharge of any certificated
37 employee by filing with the board of trustees written notice specifying
38 the alleged reasons for discharge.
39 (b) Upon receipt of such notice the board acting through their duly
40 authorized administrative official, shall give the affected employee writ-
41 ten notice of the allegations and the recommendation of discharge, along
42 with written notice of a hearing before the board prior to any determina-
43 tion by the board of the truth of the allegations.
44 (c) The hearing shall be scheduled to take place not less than six (6)
45 days nor more than twenty-one (21) days after receipt of the notice by the
46 employee. The date provided for the hearing may be changed by mutual con-
48 (d) The hearing shall be public unless the employee requests in writing
49 that it be in executive session.
50 (e) All testimony at the hearing shall be given under oath or affirma-
51 tion. Any member of the board, or the clerk of the board, may administer
52 oaths to witnesses or affirmations by witnesses.
53 (f) The employee may be represented by legal counsel and/or by a repre-
54 sentative of a local or state teachers ' association.
55 (g) The chairman of the board or the designee of the chairman shall con-
1 duct the hearing.
2 (h) The board shall cause an electronic record of the hearing to be made
3 or shall employ a competent reporter to take stenographic or stenotype
4 notes of all the testimony at the hearing. A transcript of the hearing
5 shall be provided at cost by the board upon request of the employee.
6 (i) At the hearing the superintendent or other duly authorized adminis-
7 trative officer shall present evidence to substantiate the allegations
8 contained in such notice.
9 (j) The employee may produce evidence to refute the allegations. Any wit-
10 ness presented by the superintendent or by the employee shall be subject
11 to cross-examination. The board may also examine witnesses and be repre-
12 sented by counsel.
13 (k) The affected employee may file written briefs and arguments with the
14 board within three (3) days after the close of the hearing or such other
15 time as may be agreed upon by the affected employee and the board.
16 (l) Within fifteen (15) days following the close of the hearing, the
17 board shall determine and, acting through their duly authorized adminis-
18 trative official, shall notify the employee in writing whether the evi-
19 dence presented at the hearing established the truth of the allegations
20 and whether the employee is to be retained, immediately discharged, or
21 discharged upon termination of the current contract.
22 SECTION 2. This act shall be in full force and effect on and after July
23 1, 1998; provided however, that the full implementation of provisions of this
24 act shall not be required until July 1, 2000.
STATEMENT OF PURPOSE
To consolidate the administrative duties of the
superintendent of school districts with less than 5000
This would reduce administrative costs by about
CONTACT: Representative David Callister
STATEMENT OF PURPOSE/ FISCAL NOTE