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S1329..........................................................by EDUCATION
TEACHERS - Amends existing law to require school districts to develop
support programs for use by teachers on annual contract with the district;
to require district support programs to be approved by the State Department
of Education; to provide authority and direction to the State Department of
Education regarding approval of district support programs; to provide three
categories of annual contracts; to provide districts with additional hiring
options for teachers who have attained renewable contract status in other
districts; to require two evaluations per year for each teacher on annual
contract; to provide legislative intent for additional funds to be
appropriated for fiscal year 2001; and to provide an effective date
contingent upon an appropriation for fiscal year 2001.
01/28 Senate intro - 1st rdg - to printing
01/31 Rpt prt - to Educ
S1329
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1329
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO ANNUAL CONTRACTS FOR CERTIFICATED SCHOOL DISTRICT EMPLOYEES;
3 AMENDING SECTION 33-514, IDAHO CODE, TO REQUIRE SCHOOL DISTRICTS TO PRO-
4 VIDE SUPPORT PROGRAMS FOR TEACHERS EXPERIENCING THEIR FIRST THREE YEARS
5 WITH THE DISTRICT, TO PROVIDE THAT DISTRICT SUPPORT PROGRAMS SHALL BE
6 APPROVED BY THE STATE DEPARTMENT OF EDUCATION, TO PROVIDE AUTHORIZATION
7 AND DIRECTION TO THE STATE DEPARTMENT OF EDUCATION REGARDING APPROVAL OF
8 DISTRICT SUPPORT PROGRAMS, TO PROVIDE THREE CATEGORIES OF ANNUAL CONTRACTS
9 UNDER WHICH CERTIFICATED EMPLOYEES MAY BE EMPLOYED, TO DEFINE THE PROBA-
10 TIONARY PERIOD UNDER A CATEGORY THREE CONTRACT, TO MOVE THE DATE BY WHICH
11 A SCHOOL BOARD IS REQUIRED TO GIVE NOTICE TO CERTIFICATED EMPLOYEES ON A
12 CATEGORY THREE CONTRACT REGARDING EMPLOYMENT FOR THE ENSUING YEAR, TO PRO-
13 VIDE THAT THE PARAMETERS OF AN INFORMAL REVIEW SHALL BE DETERMINED BY EACH
14 LOCAL SCHOOL BOARD, TO EXPAND HIRING OPTIONS FOR SCHOOL DISTRICTS WHEN
15 EMPLOYING TEACHERS WHO HAVE ATTAINED RENEWABLE CONTRACT STATUS WITH
16 ANOTHER SCHOOL DISTRICT EITHER IN OR OUT OF STATE AND TO REQUIRE A MINIMUM
17 OF TWO EVALUATIONS PER YEAR FOR TEACHERS ON ANNUAL CONTRACT, WITH AN
18 EXCEPTION; AMENDING SECTION 33-514A, IDAHO CODE, TO CLARIFY THAT A LIMITED
19 CONTRACT MAY BE REFERRED TO AS A CATEGORY ONE CONTRACT; PROVIDING LEGISLA-
20 TIVE INTENT FOR ADDITIONAL FUNDS TO BE APPROPRIATED FOR FISCAL YEAR 2001
21 TO THE SUPERINTENDENT OF PUBLIC INSTRUCTION FOR DISTRIBUTION TO THE VARI-
22 OUS SCHOOLS DISTRICTS TO BE USED IN DEVELOPING DISTRICT SUPPORT PROGRAMS;
23 AND PROVIDING AN EFFECTIVE DATE CONTINGENT UPON AN APPROPRIATION BY THE
24 2000 LEGISLATURE FOR FISCAL YEAR 2001.
25 Be It Enacted by the Legislature of the State of Idaho:
26 SECTION 1. That Section 33-514, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 33-514. ISSUANCE OF ANNUAL CONTRACTS -- SUPPORT PROGRAMS -- CATEGORIES OF
29 CONTRACTS -- OPTIONAL PLACEMENT. (1) The board of trustees shall establish
30 criteria and procedures for the supervision and evaluation of certificated
31 employees who are not employed on a renewable contract, as provided for in
32 section 33-515, Idaho Code. Such
33 (2) Each school district shall have a support program for certificated
34 employees who are experiencing their first three (3) years with the district,
35 under a category 1, 2, or 3 contract, providing support in the areas of:
36 administrative and supervisory support, mentoring, peer assistance and profes-
37 sional development. In developing support programs, nothing shall prevent dis-
38 tricts from joining together to formulate a joint program applicable to each
39 member district. Programs shall be submitted for approval to the state depart-
40 ment of education in accordance with procedures established by the department.
41 The state department of education is hereby authorized and directed to:
42 (a) Formulate basic guidelines which districts shall use as a model for
43 developing district programs; and
2
1 (b) Approve school district support programs; and
2 (c) Establish procedures for districts to submit programs for approval,
3 to provide for periodic review of previously approved programs, and to
4 allow districts to amend previously approved programs.
5 (3) There shall be three (3) categories of annual contracts available to
6 local school districts under which to employ certificated personnel:
7 (a) A category 1 contract is a limited one-year contract as provided in
8 section 33-514A, Idaho Code.
9 (b) A category 2 contract is for certificated personnel in the first and
10 second years of continuous employment with the same school district. While
11 employed under a category 2 contract, the employee shall be provided the
12 services of the district support program referenced in subsection (2) of
13 this section. Upon the decision by a local school board not to reemploy
14 the person for the following year, the certificated employee shall be pro-
15 vided a written statement of reasons for non-reemployment by no later than
16 May 25. No property rights shall attach to a category 2 contract and
17 therefore the employee shall not be entitled to a review by the local
18 board of the reasons or decision not to reemploy.
19 (c) A category 3 contract is for certificated personnel during the third
20 year of continuous employment by the same school district. District proce-
21 dures shall require at least one (1) evaluation prior to the beginning of
22 the second semester of the school year and the results of any such evalua-
23 tion shall be made a matter of record in the employee's personnel file.
24 When any such employee's work is found to be unsatisfactory a reasonable
25 defined period of probation shall be established by the board, after which
26 but in no case shall a probationary period be less than eight (8) weeks.
27 After the probationary period, action shall be taken by the board as to
28 whether the employee is to be retained, immediately discharged, discharged
29 upon termination of the current contract or reemployed at the end of the
30 contract term under a continued probationary status. Notwithstanding the
31 provisions of sections 67-2344 and 67-2345, Idaho Code, a decision to
32 place certificated personnel on probationary status may be made in execu-
33 tive session and the employee shall not be named in the minutes of the
34 meeting. A record of the decision shall be placed in the employee's per-
35 sonnel file. This procedure shall not preclude recognition of unsatisfac-
36 tory work at a subsequent evaluation and the establishment of a reasonable
37 period of probation. In all instances, the employee shall be duly notified
38 in writing of the areas of work which are deficient, including the condi-
39 tions of probation. Through the third year of continuous employment by the
40 same school district, including any specially chartered district, eEach
41 such certificated employee on a category 3 contract shall be given notice,
42 in writing, whether he or she will be reemployed for the next ensuing
43 year. Such notice shall be given by the board of trustees no later than
44 the fifteenth twenty-fifth day of June May of each such year. If the board
45 of trustees has decided not to reemploy the certificated employee, then
46 the notice must contain a statement of reasons for such decision and the
47 employee shall, upon request, be given the opportunity for an informal
48 review of such decision by the board of trustees. The parameters of an
49 informal review shall be determined by the local board.
50 (4) School districts hiring an employee who has been on renewable con-
51 tract status with another Idaho district or has out-of-state experience which
52 would otherwise qualify the certificated employee for renewable contract sta-
53 tus in Idaho, shall have the option to immediately grant renewable contract
54 status, or to place the employee on a category 3 annual contract. Such employ-
55 ment on a category 3 contract under the provisions of this subsection may be
3
1 for one (1), two (2) or three (3) years.
2 (5) There shall be a minimum of two (2) written evaluations in each of
3 the annual contract years of employment, and at least one (1) evaluation shall
4 be completed before January first of each year. The provisions of this subsec-
5 tion (5) shall not apply to employees on a category 1 contract.
6 SECTION 2. That Section 33-514A, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 33-514A. ISSUANCE OF LIMITED CONTRACT -- CATEGORY 1 CONTRACT. After
9 August 1, the board of trustees may exercise the option of employing certified
10 personnel on a one (1) year limited contract, which may also be referred to as
11 a category 1 contract consistent with the provisions of section 33-514, Idaho
12 Code. Such a contract is specifically offered for the limited duration of the
13 ensuing school year, and no further notice is required by the district to ter-
14 minate the contract at the conclusion of the contract year.
15 SECTION 3. It is legislative intent that the fiscal year 2001 public
16 school support bill contain additional funds for distribution by the Superin-
17 tendent of Public Instruction to the various school districts. The purpose of
18 the funds is to provide for administrative and supervisory support, mentoring,
19 peer assistance, and professional development support programs as required in
20 Section 33-514, Idaho Code, as amended in Section 1 of this act. It is recom-
21 mended that $2,000,000 be appropriated in fiscal year 2001 for development and
22 operation of such support programs and that these funds be distributed to
23 school districts pro rata based upon the number of certificated employees who
24 are experiencing their first three years with the district under a category 1,
25 2 or 3 contract.
26 SECTION 4. (1) If no appropriation is made by the 2000 Legislature for
27 fiscal year 2001 for support programs in Section 33-514, Idaho Code, as
28 amended in Section 1 of this act, this act shall be null, void, and of no
29 force or effect.
30 (2) If an appropriation is made by the 2000 Legislature for fiscal year
31 2001, this act shall have full force and effect on and after April 1, 2001.
STATEMENT OF PURPOSE
RS 09558
This legislation will provide greater opportunities for teachers,
in their first three years ofemployment, to be successful. It also
will give greater latitude to school boards in the non-renewal and
renewal of contracts of teachers in their first three years of
employment.
FISCAL IMPACT
Currently, the appropriation for teacher support programs is $375,000
and is dedicated to mentoring. This legislation requires an
appropriation of $2,000,000 or an increase for FY 2001of $1,625,000.
Contact Name: Senator Darrel Deide
Phone: 332-1345
STATEMENT OF PURPOSE/FISCAL NOTE S 1329