Print Friendly SENATE BILL NO. 1194 – Teachers, probation period
SENATE BILL NO. 1194
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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
|||| 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
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
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-
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
The purpose of this legislation is to specifically define what a
probation period must be in terms of length.
No fiscal impact to the state.
Contact: Senator Don Burtenshaw -332-1344
Senator Darrel Deide - 332-1345
STATEMENT OF PURPOSE/ FISCAL NOTE S1194