View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0201..........................................................by EDUCATION
SCHOOLS - Amends and adds to existing law relating to teachers to provide
for notice to an administrative employee upon reassignment to a
nonadministrative position; to provide for informal review of the
reassignment upon request of the employee; to provide for issuance of
supplemental contracts which allow for extra duty assignments for
certificated employees; and to provide a procedure for notice and an
informal review when a board of trustees does not reissue a supplemental
contract.
02/09 House intro - 1st rdg - to printing
02/10 Rpt prt - to Educ
03/01 Rpt out - rec d/p - to 2nd rdg
03/02 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 60-5-5
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Chase, Clark, Crow, Cuddy, Deal, Denney, Ellsworth,
Field(13), Field(20), Gould, Hadley, Hammond, Hansen(23), Hansen(29),
Henbest, Hornbeck, Jaquet, Jones, Judd, Kempton, Kunz, Lake,
Limbaugh, Linford, Loertscher, Mader, Marley, McKague, Meyer,
Montgomery, Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger,
Ringo, Robison, Sali, Schaefer, Sellman, Smylie, Stoicheff, Stone,
Taylor, Tilman, Tippets, Trail, Watson, Williams, Wood, Zimmermann
NAYS -- Campbell, Geddes, Kendell, Stevenson, Wheeler
Absent and excused -- Callister, Gagner, Kellogg, Smith, Mr Speaker
Floor Sponsor - Black
Title apvd - to Senate
03/04 Senate intro - 1st rdg - to Educ
03/10 Rpt out - rec d/p - to 2nd rdg
03/11 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 28-0-7
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Crow, Darrington,
Davis, Deide, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King,
Lee, McLaughlin, Noh, Richardson, Riggs, Risch, Sandy, Schroeder,
Sorensen, Stegner, Thorne, Wheeler, Whitworth
NAYS--None
Absent and excused--Branch, Cameron, Danielson, Dunklin, Parry,
Stennett, Twiggs
Floor Sponsor - Deide
Title apvd - to House
03/15 To enrol
03/16 Rpt enrol - Sp signed - Pres signed
03/17 To Governor
03/23 Governor signed
Session Law Chapter 208
Effective: 03/23/99
H0201|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 201 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO SCHOOL DISTRICT BOARDS OF TRUSTEES AND TEACHER CONTRACTS; AMENDING 3 SECTION 33-515, IDAHO CODE, TO PROVIDE FOR NOTICE TO AN ADMINISTRATIVE 4 EMPLOYEE UPON REASSIGNMENT TO A NONADMINISTRATIVE POSITION AND TO PROVIDE 5 FOR INFORMAL REVIEW OF THE REASSIGNMENT UPON REQUEST OF THE EMPLOYEE; 6 AMENDING CHAPTER 5, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 7 33-515A, IDAHO CODE, TO PROVIDE FOR ISSUANCE OF SUPPLEMENTAL CONTRACTS 8 WHICH ALLOW FOR EXTRA DUTY ASSIGNMENTS FOR CERTIFICATED EMPLOYEES AND TO 9 PROVIDE A PROCEDURE FOR NOTICE AND AN INFORMAL REVIEW WHEN A BOARD OF 10 TRUSTEES DOES NOT REISSUE A SUPPLEMENTAL CONTRACT; AND DECLARING AN EMER- 11 GENCY. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 33-515, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 33-515. ISSUANCE OF RENEWABLE CONTRACTS. During the third full year of 16 continuous employment by the same school district, including any specially 17 chartered district, each certificated employee named in subsection 13 of sec- 18 tion 33-1001, Idaho Code, and each school nurse and school librarian shall be 19 evaluated for a renewable contract and shall, upon having been offered a con- 20 tract for the next ensuing year, having given notice of acceptance of renewal 21 and upon signing a contract for a fourth full year, be placed on a renewable 22 contract status with said school district subject to the provisions included 23 in this chapter. 24 After the third full year of employment and at least once annually, the 25 performance of each such certificated employee, school nurse, or school 26 librarian shall be evaluated according to criteria and procedures established 27 by the board of trustees in accordance with general guidelines approved by the 28 state board of education. Except as otherwise provided, that person shall have 29 the right to automatic renewal of contract by giving notice, in writing, of 30 acceptance of renewal. Such notice shall be given to the board of trustees of 31 the school district then employing such person not later than the fifteenth 32 day of June preceding the expiration of the term of the current contract. 33 Except as otherwise provided by this paragraph, the board of trustees shall 34 notify each person entitled to be employed on a renewable contract of the 35 requirement that such person must give the notice hereinabove and that failure 36 to do so may be interpreted by the board as a declination of the right to 37 automatic renewal or the offer of another contract. Such notification shall be 38 made, in writing, not later than the twenty-fifth day of May, in each year, 39 except to those persons to whom the board, prior to said date, has sent pro- 40 posed contracts for the next ensuing year, or to whom the board has given the 41 notice required by this section. 42 Any contract automatically renewed under the provisions of this section 43 shall be for the same length as the term stated in the current contract and at 2 1 a salary no lower than that specified therein, to which shall be added such 2 increments as may be determined by the statutory or regulatory rights of such 3 employee by reason of training, service, or performance. 4 Nothing herein shall prevent the board of trustees from offering a renewed 5 contract increasing the salary of any certificated person, or from reassigning 6 an administrativeor supervisoryemployees7toclassroom teaching duties or removing an extra duty assignment8from a certificated employeea nonadministrative position 9 with appropriate reduction ofsalariessalary from 10pre-existingthe preexisting salary levels11. In the event the board of trustees reassigns an administrative 12 employee to a nonadministrative position, the board shall give written notice 13 to the employee which contains a statement of the reasons for the reassign- 14 ment. The employee, upon written request to the board, shall be entitled to an 15 informal review of that decision. The process and procedure for the informal 16 review shall be determined by the local board of trustees. 17 Before a board of trustees can determine not to renew for reasons of an 18 unsatisfactory report of the performance of any certificated person whose con- 19 tract would otherwise be automatically renewed, or to renew the contract of 20 any such person at a reduced salary, such person shall be entitled to a rea- 21 sonable period of probation. This period of probation shall be preceded by a 22 written notice from the board of trustees with reasons for such probationary 23 period and with provisions for adequate supervision and evaluation of the 24 person's performance during the probationary period. Such period of probation 25 shall not affect the person's renewable contract status. Consideration of pro- 26 bationary status for certificated personnel is consideration of the status of 27 an employee within the meaning of section 67-2345, Idaho Code, and may be held 28 in executive session. If the consideration results in probationary status, the 29 individual on probation shall not be named in the minutes of the meeting. A 30 record of the decision shall be placed in the teacher's personnel file. 31 If the board of trustees takes action to immediately discharge or dis- 32 charge upon termination of the current contract a certificated person whose 33 contract would otherwise be automatically renewed, or to renew the contract of 34 any such person at a reduced salary, the action of the board shall be consis- 35 tent with the procedures specified in section 33-513(5), Idaho Code, and fur- 36 thermore, the board shall notify the employee in writing whether there is just 37 and reasonable cause not to renew the contract or to reduce the salary of the 38 affected employee, and if so, what reasons it relied upon in that determina- 39 tion. 40 If the board of trustees, for reasons other than unsatisfactory service, 41 for the ensuing contract year, determines to change the length of the term 42 stated in the current contract, reduce the salary or not renew the contract of 43 a certificated person whose contract would otherwise be automatically renewed, 44 nothing herein shall require a probationary period. 45 SECTION 2. That Chapter 5, Title 33, Idaho Code, be, and the same is 46 hereby amended by the addition thereto of a NEW SECTION , to be 47 known and designated as Section 33-515A, Idaho Code, and to read as follows: 48 33-515A. SUPPLEMENTAL CONTRACTS. (1) In addition to the provisions of 49 sections 33-514, 33-514A and 33-515, Idaho Code, a board of trustees may enter 50 into supplemental contracts to provide extra duty assignments for certificated 51 employees. An extra duty assignment is, and supplemental contracts may be used 52 for, an assignment which is not part of a certificated employee's regular 53 teaching duties. Any such contract shall be separate and apart from an annual, 3 1 a renewable or a limited one (1) year contract, and no property rights shall 2 attach to a supplemental contract. The contract shall be in a form approved by 3 the state superintendent of public instruction. 4 (2) If a board of trustees determines not to reissue a supplemental con- 5 tract, the board shall give written notice to the employee describing reasons 6 for the decision not to reissue. The employee, upon written request to the 7 board, shall be entitled to an informal review. The process and procedure for 8 the informal review shall be determined by the local board of trustees. Within 9 fifteen (15) days following the meeting with the employee, the board shall 10 notify the employee of its final decision in the matter. Should a school dis- 11 trict provide for additional procedures, nothing in this statute shall be 12 interpreted to limit those procedures. 13 SECTION 3. An emergency existing therefor, which emergency is hereby 14 declared to exist, this act shall be in full force and effect on and after its 15 passage and approval.
STATEMENT OF PURPOSE
RS08732C1
The purpose of this legislation is to amend IC33-515 by
establishing a procedure for reassignment of school district
administrative personnel to a nonadministrative position. The
legislation also creates a new section, IC33515A, providing for a
supplemental contract for extra-duty assignments and a procedure
to be followed when a school board decides not to reissue a
supplemental contract.
FISCAL IMPACT
No fiscal impact to the General Fund. School districts may
incur additional costs for informal reviews.
CONTACTS:
Alan Smith, ISBA, 854-1476
Jim Shackelford, IEA, 344-1341
Mike Friend, IASA, 345-1171
Statement of Purpose/Fiscal Impact Bill No. H 201