1999 Legislation
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SENATE BILL NO. 1192 – Teachers, contracts, renewal, eval


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Daily Data Tracking History

S1192..........................................................by EDUCATION
TEACHERS - CONTRACTS - Amends existing law relating to issuance of
renewable contracts to school district employees to govern issuance of a
contract when an evaluation is not satisfactory.

02/15    Senate intro - 1st rdg - to printing
02/16    Rpt prt - to Educ

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                                      IN THE SENATE

                                   SENATE BILL NO. 1192

                                  BY EDUCATION COMMITTEE

 1                                        AN ACT

 5    Be It Enacted by the Legislature of the State of Idaho:

 6        SECTION  1.  That  Section  33-515, Idaho Code, be, and the same is hereby
 7    amended to read as follows:

 8        33-515.  ISSUANCE OF RENEWABLE CONTRACTS. During the third  full  year  of
 9    continuous  employment  by  the  same school district, including any specially
10    chartered district, each certificated employee named in subsection  13  .
11      of  section  33-1001,  Idaho  Code,  and  each school nurse and school
12    librarian shall be evaluated for a renewable contract and  shall,    upon
13    receiving  a  satisfactory  evaluation,  upon having been offered a con-
14    tract for the next ensuing year, having given notice of acceptance of  renewal
15    and  upon  signing a contract for a fourth full year, be placed on a renewable
16    contract status with said school district subject to the  provisions  included
17    in  this  chapter.    If the annual evaluation is not satisfactory in the
18    third contract year, then renewable status shall be awarded when  a  satisfac-
19    tory evaluation has been received. 
20        After  the  third  full year of employment and at least once annually, the
21    performance of each  such  certificated  employee,  school  nurse,  or  school
22    librarian  shall be evaluated according to criteria and procedures established
23    by the board of trustees in accordance with general guidelines approved by the
24    state board of education. Except as otherwise provided, that person shall have
25    the right to automatic renewal of contract by giving notice,  in  writing,  of
26    acceptance  of renewal. Such notice shall be given to the board of trustees of
27    the school district then employing such person not later  than  the  fifteenth
28    day  of  June  preceding  the  expiration of the term of the current contract.
29    Except as otherwise provided by this paragraph, the board  of  trustees  shall
30    notify  each  person  entitled  to  be employed on a renewable contract of the
31    requirement that such person must give the notice hereinabove and that failure
32    to do so may be interpreted by the board as a  declination  of  the  right  to
33    automatic renewal or the offer of another contract. Such notification shall be
34    made,  in  writing,  not later than the twenty-fifth day of May, in each year,
35    except to those persons to whom the board, prior to said date, has  sent  pro-
36    posed  contracts for the next ensuing year, or to whom the board has given the
37    notice required by this section.
38        Any contract automatically renewed under the provisions  of  this  section
39    shall be for the same length as the term stated in the current contract and at
40    a  salary  no  lower than that specified therein, to which shall be added such
41    increments as may be determined by the statutory or regulatory rights of  such
42    employee by reason of training, service, or performance.
43        Nothing herein shall prevent the board of trustees from offering a renewed


 1    contract increasing the salary of any certificated person, or from reassigning
 2    administrative or supervisory employees to classroom teaching duties or remov-
 3    ing  an  extra  duty  assignment from a certificated employee with appropriate
 4    reduction of salaries from  pre-existing   preexisting  
 5    salary levels.
 6        Before  a  board  of trustees can determine not to renew for reasons of an
 7    unsatisfactory report of the performance of any certificated person whose con-
 8    tract would otherwise be automatically renewed, or to renew  the  contract  of
 9    any  such  person at a reduced salary, such person shall be entitled to a rea-
10    sonable period of probation. This period of probation shall be preceded  by  a
11    written  notice  from the board of trustees with reasons for such probationary
12    period and with provisions for adequate  supervision  and  evaluation  of  the
13    person's  performance during the probationary period. Such period of probation
14    shall not affect the person's renewable contract status. Consideration of pro-
15    bationary status for certificated personnel is consideration of the status  of
16    an employee within the meaning of section 67-2345, Idaho Code, and may be held
17    in executive session. If the consideration results in probationary status, the
18    individual  on  probation  shall not be named in the minutes of the meeting. A
19    record of the decision shall be placed in the teacher's personnel file.
20        If the board of trustees takes action to  immediately  discharge  or  dis-
21    charge  upon  termination  of the current contract a certificated person whose
22    contract would otherwise be automatically renewed, or to renew the contract of
23    any such person at a reduced salary, the action of the board shall be  consis-
24    tent  with the procedures specified in section 33-513(5), Idaho Code, and fur-
25    thermore, the board shall notify the employee in writing whether there is just
26    and reasonable cause not to renew the contract or to reduce the salary of  the
27    affected  employee,  and if so, what reasons it relied upon in that determina-
28    tion.
29        If the board of trustees, for reasons other than  unsatisfactory  service,
30    for  the  ensuing  contract  year, determines to change the length of the term
31    stated in the current contract, reduce the salary or not renew the contract of
32    a certificated person whose contract would otherwise be automatically renewed,
33    nothing herein shall require a probationary period.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE


The purpose of this legislation is to insure that before a
teacher is granted renewable contract status with a school
district they first must have received satisfactory

                            FISCAL NOTE

No fiscal impact to the state.

       Contact: Senator Don Burtenshaw -332-1344
                Senator Darrel Deide - 332-1345