2000 Legislation
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SENATE BILL NO. 1449, As Amended – Teachers, renewable contract, time

SENATE BILL NO. 1449, As Amended

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Daily Data Tracking History

S1449aa........................................................by EDUCATION
TEACHERS - Amends existing law to revise the time limits for a school board
of trustees to give notice to the certificated employees on renewable
contract status from May 25 to May 15; and to revise the response to the
board by the employee on acceptance of a renewable contract for the next
ensuing school year from June 15 to June 1.
02/17    Senate intro - 1st rdg - to printing
02/18    Rpt prt - to Educ
03/06    Rpt out - to 14th Ord
03/07    Rpt out amen - to engros
03/08    Rpt engros - 1st rdg - to 2nd rdg as amen
03/09    2nd rdg - to 3rd rdg as amen
03/15    3rd rdg as amen - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Deide
    Title apvd - to House
03/16    House intro - 1st rdg as amen - to Educ
03/23    Rpt out - rec d/p - to 2nd rdg as amen
03/24    2nd rdg - to 3rd rdg as amen
04/03    3rd rdg as amen - PASSED - 62-0-8
      AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
      Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Cuddy,
      Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
      Hadley, Hammond, Hansen(23), Henbest, Hornbeck, Jaquet, Jones, Judd,
      Kellogg, Kempton, Kunz, Lake, Loertscher(Loertscher), Mader, Marley,
      McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
      Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
      Trail, Wood, Zimmermann
      NAYS -- None
      Absent and excused -- Clark, Crow, Gould, Hansen(29), Kendell,
      Linford, Wheeler, Mr Speaker
    Floor Sponsor - Montgomery
    Title apvd - to Senate
04/04    To enrol - rpt enrol - Pres signed
04/05    Sp signed
04/06    To Governor
04/12    Governor signed
         Session Law Chapter 264
         Effective: 07/01/00

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                       IN THE SENATE
                              SENATE BILL NO. 1449, As Amended
                                   BY EDUCATION COMMITTEE
  1                                        AN ACT
  8    Be It Enacted by the Legislature of the State of Idaho:
  9        SECTION  1.  That  Section  33-515, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
 11        33-515.  ISSUANCE OF RENEWABLE CONTRACTS. During the third  full  year  of
 12    continuous  employment  by  the  same school district, including any specially
 13    chartered district, each certificated employee named in subsection 13. of sec-
 14    tion 33-1001, Idaho Code, and each school nurse and school librarian shall  be
 15    evaluated  for a renewable contract and shall, upon having been offered a con-
 16    tract for the next ensuing year, having given notice of acceptance of  renewal
 17    and  upon  signing a contract for a fourth full year, be placed on a renewable
 18    contract status with said school district subject to the  provisions  included
 19    in this chapter.
 20        After  the  third  full year of employment and at least once annually, the
 21    performance of each  such  certificated  employee,  school  nurse,  or  school
 22    librarian  shall be evaluated according to criteria and procedures established
 23    by the board of trustees in accordance with general guidelines approved by the
 24    state board of education. Except as otherwise provided, that person shall have
 25    the right to automatic renewal of contract by giving notice,  in  writing,  of
 26    acceptance  of renewal. Such notice shall be given to the board of trustees of
 27    the school district then employing such person not later  than  the  fifteenth
 28    first  day  of  June  preceding the expiration of the term of the current con-
 29    tract. Except as otherwise provided by this paragraph, the board  of  trustees
 30    shall  notify  each  person entitled to be employed on a renewable contract of
 31    the requirement that such person must give the  notice  hereinabove  and  that
 32    failure to do so may be interpreted by the board as a declination of the right
 33    to automatic renewal or the offer of another contract. Such notification shall
 34    be  made, in writing, not later than the twenty-fifth fifteenth day of May, in
 35    each year, except to those persons to whom the board, prior to said date,  has
 36    sent  proposed  contracts  for the next ensuing year, or to whom the board has
 37    given the notice required by this section.
 38        Any contract automatically renewed under the provisions  of  this  section
 39    shall be for the same length as the term stated in the current contract and at
 40    a  salary  no  lower than that specified therein, to which shall be added such
 41    increments as may be determined by the statutory or regulatory rights of  such
 42    employee by reason of training, service, or performance.
 43        Nothing herein shall prevent the board of trustees from offering a renewed
  1    contract increasing the salary of any certificated person, or from reassigning
  2    an  administrative  employee  to a nonadministrative position with appropriate
  3    reduction of salary from the preexisting salary level. In the event the  board
  4    of  trustees reassigns an administrative employee to a nonadministrative posi-
  5    tion, the board shall give written notice to the  employee  which  contains  a
  6    statement  of  the  reasons  for  the reassignment. The employee, upon written
  7    request to the board, shall be entitled to an informal review  of  that  deci-
  8    sion. The process and procedure for the informal review shall be determined by
  9    the local board of trustees.
 10        Before  a  board  of trustees can determine not to renew for reasons of an
 11    unsatisfactory report of the performance of any certificated person whose con-
 12    tract would otherwise be automatically renewed, or to renew  the  contract  of
 13    any  such  person at a reduced salary, such person shall be entitled to a rea-
 14    sonable period of probation. This period of probation shall be preceded  by  a
 15    written  notice  from the board of trustees with reasons for such probationary
 16    period and with provisions for adequate  supervision  and  evaluation  of  the
 17    person's  performance during the probationary period. Such period of probation
 18    shall not affect the person's renewable contract status. Consideration of pro-
 19    bationary status for certificated personnel is consideration of the status  of
 20    an employee within the meaning of section 67-2345, Idaho Code, and may be held
 21    in executive session. If the consideration results in probationary status, the
 22    individual  on  probation  shall not be named in the minutes of the meeting. A
 23    record of the decision shall be placed in the teacher's personnel file.
 24        If the board of trustees takes action to  immediately  discharge  or  dis-
 25    charge  upon  termination  of the current contract a certificated person whose
 26    contract would otherwise be automatically renewed, or to renew the contract of
 27    any such person at a reduced salary, the action of the board shall be  consis-
 28    tent  with the procedures specified in section 33-513(5), Idaho Code, and fur-
 29    thermore, the board shall notify the employee in writing whether there is just
 30    and reasonable cause not to renew the contract or to reduce the salary of  the
 31    affected  employee,  and if so, what reasons it relied upon in that determina-
 32    tion.
 33        If the board of trustees, for reasons other than  unsatisfactory  service,
 34    for  the  ensuing  contract  year, determines to change the length of the term
 35    stated in the current contract, reduce the salary or not renew the contract of
 36    a certificated person whose contract would otherwise be automatically renewed,
 37    nothing herein shall require a probationary period.


  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                     Moved by    Deide               
                                                     Seconded by Riggs               
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1449
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line  13,  delete  "(1)";  in  line  22,
  3    delete  "(2)";  delete line 31; in line 32, delete "33-513, Idaho Code, which-
  4    ever is earlier"; in line 40, delete "sub-"; in line 41, delete  "section  (6)
  5    of"; and in line 42, delete "(3)".
  6        On  page 2, in line 4, delete "(4)"; in line 14, delete "(5)"; in line 28,
  7    delete "(6)"; and in line 37, delete "(7)".
  8                                 CORRECTIONS TO TITLE
  9        On page 1, in line 7, following "JUNE 1ST" delete ", UNLESS"  and  insert:
 10    "."; and delete lines 8 and 9.

Statement of Purpose / Fiscal Impact

                 STATEMENT OF PURPOSE
                       RS 10035 
     Changes the date by which a teacher must notify the Board of Trustees of their
     acceptance or rejection of a contract and changes the date by which the Board of
     Trustees must notify the teacher of the right to automatic contract renewal. The
     dates are moved to more coincide with the ending of the school year.
     In addition, to assure there is no ambiguity, the change clarifies that an earlier
     deadline with a response time limit of no less than ten (10) days may be set by the
     local board as long as contracts are actually delivered pursuant to Section 33-513. 
     Finally, there are two clarifications made to Section 33- 515. First, paragraph
     numbers have been added for clarity and consistency only.  Second, the reference
     to the end of paragraph (2) has been clarified in that notice of renewal is not
     needed when the district has taken such action required by paragraph (6). This is
     the current practice and intent of the law, and this change only clarifies the
     reference made since several other "notices" are provided for in this section. 
                    FISCAL IMPACT
     Name: Senator Darrel Deide
     Phone: 332-1345 
                                                       STATEMENT OF PURPOSE/FISCAL NOTE                         S1449