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S1194..........................................................by EDUCATION TEACHERS - Amends existing law relating to issuance of renewable contracts to school district employees to specify a minimum period of probation upon receipt of an unsatisfactory report of performance. 02/15 Senate intro - 1st rdg - to printing 02/16 Rpt prt - to Educ
S1194|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1194 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO ISSUANCE OF RENEWABLE CONTRACTS TO SCHOOL DISTRICT EMPLOYEES; 3 AMENDING SECTION 33-515, IDAHO CODE, TO SPECIFY A MINIMUM PERIOD OF PROBA- 4 TION AND TO MAKE TECHNICAL CORRECTIONS. 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 having 13 been offered a contract for the next ensuing year, having given notice of 14 acceptance of renewal and upon signing a contract for a fourth full year, be 15 placed on a renewable contract status with said school district subject to the 16 provisions included in this chapter. 17 After the third full year of employment and at least once annually, the 18 performance of each such certificated employee, school nurse, or school 19 librarian shall be evaluated according to criteria and procedures established 20 by the board of trustees in accordance with general guidelines approved by the 21 state board of education. Except as otherwise provided, that person shall have 22 the right to automatic renewal of contract by giving notice, in writing, of 23 acceptance of renewal. Such notice shall be given to the board of trustees of 24 the school district then employing such person not later than the fifteenth 25 day of June preceding the expiration of the term of the current contract. 26 Except as otherwise provided by this paragraph, the board of trustees shall 27 notify each person entitled to be employed on a renewable contract of the 28 requirement that such person must give the notice hereinabove and that failure 29 to do so may be interpreted by the board as a declination of the right to 30 automatic renewal or the offer of another contract. Such notification shall be 31 made, in writing, not later than the twenty-fifth day of May, in each year, 32 except to those persons to whom the board, prior to said date, has sent pro- 33 posed contracts for the next ensuing year, or to whom the board has given the 34 notice required by this section. 35 Any contract automatically renewed under the provisions of this section 36 shall be for the same length as the term stated in the current contract and at 37 a salary no lower than that specified therein, to which shall be added such 38 increments as may be determined by the statutory or regulatory rights of such 39 employee by reason of training, service, or performance. 40 Nothing herein shall prevent the board of trustees from offering a renewed 41 contract increasing the salary of any certificated person, or from reassigning 42 administrative or supervisory employees to classroom teaching duties or remov- 43 ing an extra duty assignment from a certificated employee with appropriate 2 1 reduction of salaries frompre-existingpreexisting 2 salary levels. 3 Before a board of trustees can determine not to renew for reasons of an 4 unsatisfactory report of the performance of any certificated person whose con- 5 tract would otherwise be automatically renewed, or to renew the contract of 6 any such person at a reduced salary, such person shall be entitled to a rea- 7 sonable period of probation of not less than six (6) weeks . This 8 period of probation shall be preceded by a written notice from the board of 9 trustees with reasons for such probationary period and with provisions for 10 adequate supervision and evaluation of the person's performance during the 11 probationary period. Such period of probation shall not affect the person's 12 renewable contract status. Consideration of probationary status for certifi- 13 cated personnel is consideration of the status of an employee within the mean- 14 ing of section 67-2345, Idaho Code, and may be held in executive session. If 15 the consideration results in probationary status, the individual on probation 16 shall not be named in the minutes of the meeting. A record of the decision 17 shall be placed in the teacher's personnel file. 18 If the board of trustees takes action to immediately discharge or dis- 19 charge upon termination of the current contract a certificated person whose 20 contract would otherwise be automatically renewed, or to renew the contract of 21 any such person at a reduced salary, the action of the board shall be consis- 22 tent with the procedures specified in section 33-513(5), Idaho Code, and fur- 23 thermore, the board shall notify the employee in writing whether there is just 24 and reasonable cause not to renew the contract or to reduce the salary of the 25 affected employee, and if so, what reasons it relied upon in that determina- 26 tion. 27 If the board of trustees, for reasons other than unsatisfactory service, 28 for the ensuing contract year, determines to change the length of the term 29 stated in the current contract, reduce the salary or not renew the contract of 30 a certificated person whose contract would otherwise be automatically renewed, 31 nothing herein shall require a probationary period.
STATEMENT OF PURPOSE
RSO8811
The purpose of this legislation is to specifically define what a
probation period must be in terms of length.
FISCAL NOTE
No fiscal impact to the state.
Contact: Senator Don Burtenshaw -332-1344
Senator Darrel Deide - 332-1345
STATEMENT OF PURPOSE/ FISCAL NOTE S1194