1998 Legislation
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HOUSE BILL NO. 745 – School dist/certain/cnty superintnd


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Daily Data Tracking History

H0745..........................................................by EDUCATION
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

Bill Text


 ||||              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

 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-
27    bility.
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-
47        sent.
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 / Fiscal Impact


                          STATEMENT OF PURPOSE
                               RS 07835C1
    To consolidate the administrative duties of the 
    superintendent of school districts with less than 5000 
                              FISCAL NOTE
    This would reduce administrative costs by about 
    CONTACT: Representative David Callister
    H 745