1999 Legislation
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SENATE BILL NO. 1194 – Teachers, probation period


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Daily Data Tracking History

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

Bill Text


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

                                      IN THE SENATE

                                   SENATE BILL NO. 1194

                                  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  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


 1    reduction of salaries from  pre-existing   preexisting  
 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 / Fiscal Impact

                       STATEMENT OF PURPOSE


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