2000 Legislation
Print Friendly

SENATE BILL NO. 1480 – Teachers, performance review, when

SENATE BILL NO. 1480

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



S1480..........................................................by EDUCATION
TEACHERS - Amends existing law to provide that personnel on renewable
contract status with school districts shall be reviewed every five years by
performance review panels appointed for that purpose by the local board of
trustees.
                                                                        
02/21    Senate intro - 1st rdg - to printing
02/22    Rpt prt - to Educ

Bill Text


 S1480
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1480
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO RENEWABLE CONTRACTS FOR CERTIFICATED  SCHOOL  DISTRICT  EMPLOYEES;
  3        AMENDING  SECTION  33-515, IDAHO CODE, TO PROVIDE THAT PERSONNEL ON RENEW-
  4        ABLE CONTRACT STATUS WITH SCHOOL DISTRICTS SHALL BE  REVIEWED  EVERY  FIVE
  5        YEARS BY PERFORMANCE REVIEW PANELS APPOINTED FOR THAT PURPOSE BY THE LOCAL
  6        BOARD  OF  TRUSTEES, TO PROVIDE THAT THE BOARD OF TRUSTEES SHALL ESTABLISH
  7        CRITERIA AND PROCEDURES FOR PANELS, TO PROVIDE FOR  PANEL  MEMBERSHIP,  TO
  8        PROVIDE  AUTHORITY  OF  PANELS,  TO  PROVIDE  THAT  THE  NUMBER  OF PANELS
  9        APPOINTED SHALL BE DETERMINED BY THE BOARD AND TO MAKE  TECHNICAL  CORREC-
 10        TIONS; AND PROVIDING AN EFFECTIVE DATE.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION  1.  That  Section  33-515, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        33-515.  ISSUANCE OF RENEWABLE CONTRACTS. (1)  During the third full  year
 15    of  continuous employment by the same school district, including any specially
 16    chartered district, each certificated employee named in subsection 13. of sec-
 17    tion 33-1001, Idaho Code, and each school nurse and school librarian shall  be
 18    evaluated  for a renewable contract and shall, upon having been offered a con-
 19    tract for the next ensuing year, having given notice of acceptance of  renewal
 20    and  upon  signing a contract for a fourth full year, be placed on a renewable
 21    contract status with said school district subject to the  provisions  included
 22    in this chapter.
 23        (2)  After  the  third full year of employment and at least once annually,
 24    the performance of each such certificated employee, school  nurse,  or  school
 25    librarian  shall be evaluated according to criteria and procedures established
 26    by the board of trustees in accordance with general guidelines approved by the
 27    state board of education.
 28        (3)  In addition to the annual evaluations as required in  subsection  (2)
 29    of  this  section,  there shall also be a review by a performance review panel
 30    prior to April 1 during the fifth full year of employment with  the  district,
 31    and at intervals of every five (5) years thereafter.
 32        (a)  The  board  of trustees shall establish criteria, procedures and time
 33        limits for reviews conducted by a performance review panel.
 34        (b)  Performance review panels shall be appointed by the board of trustees
 35        of the district and shall consist of three (3) persons: one (1) shall be a
 36        parent of a student who is currently attending school in the district, one
 37        (1) shall be an administrator currently employed by the district but shall
 38        not be an administrator who has direct supervision of the  employee  being
 39        evaluated, and one (1) shall be a certificated employee currently employed
 40        on a renewable contract by the district.
 41        (c)  Performance  review  panels  shall have authority to either recommend
 42        the reemployment of the certificated employee for the next ensuing  school
 43        year,  or  to recommend that the certificated employee be placed on a per-
                                                                        
                                       2
                                                                        
  1        formance improvement plan as defined by the panel. The  recommendation  of
  2        the  performance  review  panel  shall  not  be  binding  on  the board of
  3        trustees.
  4        (d)  The number of panels that may be appointed shall be determined by the
  5        board.
  6        (4)  Except as otherwise provided, that person shall  have  the  right  to
  7    automatic  renewal  of contract by giving notice, in writing, of acceptance of
  8    renewal. Such notice shall be given to the board of  trustees  of  the  school
  9    district  then  employing such person not later than the fifteenth day of June
 10    preceding the expiration of the term of the current contract. Except as other-
 11    wise provided by this paragraph, the board of trustees shall notify each  per-
 12    son  entitled  to  be employed on a renewable contract of the requirement that
 13    such person must give the notice hereinabove and that failure to do so may  be
 14    interpreted by the board as a declination of the right to automatic renewal or
 15    the  offer  of  another contract. Such notification shall be made, in writing,
 16    not later than the twenty-fifth day of May, in each year, except to those per-
 17    sons to whom the board, prior to said date, has sent  proposed  contracts  for
 18    the  next  ensuing year, or to whom the board has given the notice required by
 19    this section.
 20        (5)  Any contract automatically renewed under the provisions of this  sec-
 21    tion  shall  be for the same length as the term stated in the current contract
 22    and at a salary no lower than that specified therein, to which shall be  added
 23    such  increments as may be determined by the statutory or regulatory rights of
 24    such employee by reason of training, service, or performance.
 25        (6)  Nothing herein shall prevent the board of trustees  from  offering  a
 26    renewed  contract  increasing  the  salary of any certificated person, or from
 27    reassigning an administrative employee to a  nonadministrative  position  with
 28    appropriate  reduction  of  salary  from  the preexisting salary level. In the
 29    event the  board  of  trustees  reassigns  an  administrative  employee  to  a
 30    nonadministrative  position,  the  board  shall  give  written  notice  to the
 31    employee which contains a statement of the reasons for the  reassignment.  The
 32    employee,  upon written request to the board, shall be entitled to an informal
 33    review of that decision. The process and procedure  for  the  informal  review
 34    shall be determined by the local board of trustees.
 35        (7)  Before  a board of trustees can determine not to renew for reasons of
 36    an unsatisfactory report of the performance of any certificated  person  whose
 37    contract would otherwise be automatically renewed, or to renew the contract of
 38    any  such  person at a reduced salary, such person shall be entitled to a rea-
 39    sonable period of probation. This period of probation shall be preceded  by  a
 40    written  notice  from the board of trustees with reasons for such probationary
 41    period and with provisions for adequate  supervision  and  evaluation  of  the
 42    person's  performance during the probationary period. Such period of probation
 43    shall not affect the person's renewable contract status. Consideration of pro-
 44    bationary status for certificated personnel is consideration of the status  of
 45    an employee within the meaning of section 67-2345, Idaho Code, and may be held
 46    in executive session. If the consideration results in probationary status, the
 47    individual  on  probation  shall not be named in the minutes of the meeting. A
 48    record of the decision shall be placed in the teacher's personnel file.
 49        (8)  If the board of trustees takes action  to  immediately  discharge  or
 50    discharge upon termination of the current contract a certificated person whose
 51    contract would otherwise be automatically renewed, or to renew the contract of
 52    any  such person at a reduced salary, the action of the board shall be consis-
 53    tent with the procedures specified in section 33-513(5), Idaho Code, and  fur-
 54    thermore, the board shall notify the employee in writing whether there is just
 55    and  reasonable cause not to renew the contract or to reduce the salary of the
                                                                        
                                       3
                                                                        
  1    affected employee, and if so, what reasons it relied upon in  that  determina-
  2    tion.
  3        (9)  If  the board of trustees, for reasons other than unsatisfactory ser-
  4    vice, for the ensuing contract year, determines to change the  length  of  the
  5    term  stated  in the current contract, reduce the salary or not renew the con-
  6    tract of a certificated person whose contract would otherwise be automatically
  7    renewed, nothing herein shall require a probationary period.
                                                                        
  8        SECTION 2.  This act shall be in full force and effect on and  after  July
  9    1, 2000.

Statement of Purpose / Fiscal Impact


     
                           
                 STATEMENT OF PURPOSE
                       RS 09408 
     
     The purpose of this legislation is to provide a new dimension and the review of
     the performance of continuing contract teachers at five-year intervals. 
     
     This performance review will increase the performance level of teachers under
     contract and thus improve the achievement level of students. 
     
     
     
                    FISCAL IMPACT
     
     None. 
     
     
     
     
     
     
     
     
     
     Contact 
     Name: Senator Darrel Deide
     Phone: 332-1345 
     
     
                                                  STATEMENT OF PURPOSE/FISCAL NOTE                             S1480