1999 Legislation
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HOUSE BILL NO. 201 – Schools, admin employee, reassigned

HOUSE BILL NO. 201

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Daily Data Tracking History



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

Bill Text


H0201


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

                             IN 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  administrative  or  supervisory    employee  s
 7     to  classroom teaching duties or removing an extra duty assignment
 8    from  a certificated employee   a nonadministrative position 
 9    with appropriate reduction of  salaries   salary    from
10      pre-existing      the preexisting  salary level s
11    .  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 / Fiscal Impact


                       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