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H0362..........................................................by EDUCATION
TEACHERS - CONTRACTS - Amends and repeals existing law to provide for
issuance of preprofessional and professional contracts for certificated
employees of public school districts; and to provide for issuance of
professional contracts without impairing the obligations of a district
negotiated agreement until expiration of the existing district negotiated
agreements.
03/13 House intro - 1st rdg - to printing
03/14 Rpt prt - to Educ
03/23 To Gen Ord
03/30 Ret'd to Educ
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 362
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO CONTRACTS OF SCHOOL DISTRICT CERTIFICATED PERSONNEL; AMENDING SEC-
3 TION 33-513, IDAHO CODE, TO DELETE REFERENCE TO A REPEALED SECTION AND TO
4 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 33-514, IDAHO CODE, AS
5 AMENDED BY SECTION 1, CHAPTER 66, LAWS OF 2000, TO DELETE REFERENCE TO
6 CATEGORIES OF CONTRACTS, TO PROVIDE FOR ISSUANCE OF PREPROFESSIONAL AND
7 PROFESSIONAL CONTRACTS, TO PROVIDE THAT A PROFESSIONAL CONTRACT MAY BE
8 ISSUED FOR A TWO-YEAR TERM AND TO PROVIDE FOR EVALUATION OF THE PROFES-
9 SIONAL PORTFOLIO OF EACH CERTIFICATED EMPLOYEE AT TEN-YEAR INTERVALS;
10 AMENDING SECTION 33-514A, IDAHO CODE, AS AMENDED BY SECTION 2, CHAPTER 66,
11 LAWS OF 2000, TO DELETE REFERENCE TO CATEGORY 1 CONTRACTS; REPEALING SEC-
12 TION 33-515, IDAHO CODE; AMENDING SECTION 33-515A, IDAHO CODE, TO DELETE
13 REFERENCE TO A REPEALED SECTION, TO PROVIDE A CODE REFERENCE AND TO PRO-
14 VIDE PROPER TERMINOLOGY; AMENDING SECTION 33-516, IDAHO CODE, TO PROVIDE
15 PROPER TERMINOLOGY; PROVIDING AN EFFECTIVE DATE AND PROVIDING FOR ISSUANCE
16 OF PROFESSIONAL CONTRACTS WITHOUT IMPAIRING THE OBLIGATIONS OF A DISTRICT
17 NEGOTIATED AGREEMENT UNTIL EXPIRATION OF THE EXISTING DISTRICT NEGOTIATED
18 AGREEMENT.
19 Be It Enacted by the Legislature of the State of Idaho:
20 SECTION 1. That Section 33-513, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 33-513. PROFESSIONAL PERSONNEL. The board of trustees of each school dis-
23 trict including any specially chartered district, shall have the following
24 powers and duties:
25 1. To employ professional personnel, on written contract in form approved
26 by the state superintendent of public instruction, conditioned upon a valid
27 certificate being held by such professional personnel at the time of entering
28 upon the duties thereunder. Should the board of trustees fail to enter into
29 written contract for the employment of any such person, the state superintend-
30 ent of public instruction shall withhold ensuing apportionments until such
31 written contract be entered into. When the board of trustees has delivered a
32 proposed contract for the next ensuing year to any such person, such person
33 shall have a period of time to be determined by the board of trustees in its
34 discretion, but in no event less than ten (10) days from the date the contract
35 is delivered, in which to sign the contract and return it to the board. Deliv-
36 ery of a contract may be made only in person or by certified mail, return
37 receipt requested. When delivery is made in person, delivery of the contract
38 must be acknowledged by a signed receipt. When delivery is made by certified
39 mail, delivery must be acknowledged by the return of the certified mail
40 receipt from the person to whom the contract was sent. Should the person will-
41 fully refuse to acknowledge receipt of the contract or the contract is not
42 signed and returned to the board in the designated period of time, the board
43 may declare the position vacant.
2
1 The board of trustees shall withhold the salary of any teacher who does
2 not hold a teaching certificate valid in this state. It shall not contract to
3 require any teacher to make up time spent in attending any meeting called by
4 the state board of education or by the state superintendent of public instruc-
5 tion; nor while attending regularly scheduled official meetings of the state
6 teachers' association.
7 2. In the case of school districts other than elementary school dis-
8 tricts, to employ a superintendent of schools for a term not to exceed three
9 (3) years, who shall be the executive officer of the board of trustees with
10 such powers and duties as the board may prescribe. The superintendent shall
11 also act as the authorized representative of the district whenever such is
12 required, unless some other person shall be named by the board of trustees to
13 act as its authorized representative. The board of trustees shall conduct an
14 annual, written formal evaluation of the work of the superintendent of the
15 district. The evaluation shall indicate the strengths and weaknesses of the
16 superintendent's job performance in the year immediately preceding the evalua-
17 tion and areas where improvement in the superintendent's job performance, in
18 the view of the board of trustees, is called for.
19 3. To employ through written contract principals who shall hold a valid
20 certificate appropriate to the position for which they are employed, who shall
21 supervise the operation and management of the school in accordance with the
22 policies established by the board of trustees and who shall be under the
23 supervision of the superintendent.
24 4. To employ assistant superintendents and principals for a term not to
25 exceed two (2) years. Service performed under such contract shall be included
26 in meeting the provisions of section 33-515, Idaho Code, as a teacher and per-
27 sons eligible for a renewable contract as a teacher shall retain such eligi-
28 bility.
29 5. To suspend, grant leave of absence, place on probation or discharge
30 certificated professional personnel for a material violation of any lawful
31 rules or regulations of the board of trustees or of the state board of educa-
32 tion, or for any conduct which could constitute grounds for revocation of a
33 teaching certificate. Any certificated professional employee, except the
34 superintendent, may be discharged during a contract term under the following
35 procedures:
36 (a) The superintendent or any other duly authorized administrative offi-
37 cer of the school district may recommend the discharge of any certificated
38 employee by filing with the board of trustees written notice specifying
39 the alleged reasons for discharge.
40 (b) Upon receipt of such notice the board acting through their duly
41 authorized administrative official, shall give the affected employee writ-
42 ten notice of the allegations and the recommendation of discharge, along
43 with written notice of a hearing before the board prior to any determina-
44 tion by the board of the truth of the allegations.
45 (c) The hearing shall be scheduled to take place not less than six (6)
46 days nor more than twenty-one (21) days after receipt of the notice by the
47 employee. The date provided for the hearing may be changed by mutual con-
48 sent.
49 (d) The hearing shall be public unless the employee requests in writing
50 that it be in executive session.
51 (e) All testimony at the hearing shall be given under oath or affirma-
52 tion. Any member of the board, or the clerk of the board, may administer
53 oaths to witnesses or affirmations by witnesses.
54 (f) The employee may be represented by legal counsel and/or by a repre-
55 sentative of a local or state teachers' association.
3
1 (g) The chairman of the board or the designee of the chairman shall con-
2 duct the hearing.
3 (h) The board shall cause an electronic record of the hearing to be made
4 or shall employ a competent reporter to take stenographic or stenotype
5 notes of all the testimony at the hearing. A transcript of the hearing
6 shall be provided at cost by the board upon request of the employee.
7 (i) At the hearing the superintendent or other duly authorized adminis-
8 trative officer shall present evidence to substantiate the allegations
9 contained in such notice.
10 (j) The employee may produce evidence to refute the allegations. Any wit-
11 ness presented by the superintendent or by the employee shall be subject
12 to cross-examination. The board may also examine witnesses and be repre-
13 sented by counsel.
14 (k) The affected employee may file written briefs and arguments with the
15 board within three (3) days after the close of the hearing or such other
16 time as may be agreed upon by the affected employee and the board.
17 (l) Within fifteen (15) days following the close of the hearing, the
18 board shall determine and, acting through their duly authorized adminis-
19 trative official, shall notify the employee in writing whether the evi-
20 dence presented at the hearing established the truth of the allegations
21 and whether the employee is to be retained, immediately discharged, or
22 discharged upon termination of the current contract.
23 SECTION 2. That Section 33-514, Idaho Code, as amended by Section 1,
24 Chapter 66, Laws of 2000, be, and the same is hereby amended to read as fol-
25 lows:
26 33-514. ISSUANCE OF ANNUAL CONTRACTS FOR CERTIFICATED EMPLOYEES -- SUP-
27 PORT PROGRAMS -- CATEGORIES TYPES OF CONTRACTS -- OPTIONAL PLACEMENT. (1) The
28 board of trustees shall establish criteria and procedures for the supervision
29 and evaluation of all certificated employees. who are not employed on a renew-
30 able contract, as provided for in section 33-515, Idaho Code.
31 (2) Each school district shall have a support program for certificated
32 employees who are experiencing their first three (3) years with the district,
33 under a category 1, 2 or 3 contract, providing support in the areas of: admin-
34 istrative and supervisory support, mentoring, peer assistance and professional
35 development. In developing support programs, nothing shall prevent districts
36 from joining together to formulate a joint program applicable to each member
37 district. Programs shall be submitted for approval to the state department of
38 education in accordance with procedures established by the department. The
39 state department of education is hereby authorized and directed to:
40 (a) Formulate basic guidelines which districts shall use as a model for
41 developing district programs;
42 (b) Approve school district support programs; and
43 (c) Establish procedures for districts to submit programs for approval,
44 to provide for periodic review of previously approved programs, and to
45 allow districts to amend previously approved programs.
46 (3) There shall be three (3) categories types of annual contracts avail-
47 able to local school districts under which to employ certificated personnel:
48 (a) A category 1 contract is a limited one-year contract as provided in
49 section 33-514A, Idaho Code.
50 (b) A category 2 preprofessional contract is for certificated personnel
51 in the first, and second and third years of continuous employment with the
52 same school district. While employed under a category 2 preprofessional
53 contract, the employee shall be provided the services of the district sup-
4
1 port program referenced in subsection (2) of this section. Upon the deci-
2 sion by a local school board not to reemploy the person for the following
3 year, the certificated employee shall be provided a written statement of
4 reasons for non-reemployment by no later than May 25. No property rights
5 shall attach to a category 2 preprofessional contract and therefore the
6 employee shall not be entitled to a review by the local board of the rea-
7 sons or decision not to reemploy.
8 (c) A category 3 professional contract is for certificated personnel dur-
9 ing the third fourth year of continuous employment by the same school dis-
10 trict.
11 (i) District procedures shall require at least one (1) evaluation
12 prior to the beginning of the second semester of the school year and
13 the results of any such evaluation shall be made a matter of record
14 in the employee's personnel file. When any such employee's work is
15 found to be unsatisfactory a defined period of probation shall be
16 established by the board, but in no case shall a probationary period
17 be less than eight (8) weeks. After the probationary period, action
18 shall be taken by the board as to whether the employee is to be
19 retained, immediately discharged, discharged upon termination of the
20 current contract or reemployed at the end of the contract term under
21 a continued probationary status. Notwithstanding the provisions of
22 sections 67-2344 and 67-2345, Idaho Code, a decision to place certif-
23 icated personnel on probationary status may be made in executive ses-
24 sion and the employee shall not be named in the minutes of the meet-
25 ing. A record of the decision shall be placed in the employee's per-
26 sonnel file. This procedure shall not preclude recognition of unsat-
27 isfactory work at a subsequent evaluation and the establishment of a
28 reasonable period of probation. In all instances, the employee shall
29 be duly notified in writing of the areas of work which are deficient,
30 including the conditions of probation.
31 (ii) Each such certificated employee on a category 3 professional
32 contract shall be given notice, in writing, whether he or she will be
33 reemployed for the next ensuing year. Such notice shall be given by
34 the board of trustees no later than the twenty-fifth day of May of
35 each such year. If the board of trustees has decided not to reemploy
36 the certificated employee, then the notice must contain a statement
37 of reasons for such decision and the employee shall, upon request, be
38 given the opportunity for an informal review of such decision by the
39 board of trustees. The parameters of an informal review shall be
40 determined by the local board.
41 (iii) A school district board of trustees may offer a certificated
42 employee a professional contract for a term not to exceed two (2)
43 years.
44 (iv) At ten (10) year intervals, the board of trustees shall request
45 each certificated employee who has been continuously employed by the
46 district for the previous ten (10) years, to submit his professional
47 portfolio. Before the board may renew the professional contract, it
48 shall evaluate the portfolio according to local school district pol-
49 icy.
50 (4) School districts hiring an employee who has been on renewable con-
51 tract status employed at least three (3) consecutive years with another Idaho
52 district or has comparable experience with an out-of-state experience which
53 would otherwise qualify the certificated employee for renewable contract sta-
54 tus in Idaho school district, shall have the option to immediately grant
55 renewable contract status, or to place the employee on a category 3 annual
5
1 contract. Such employment on a category 3 contract under the provisions of
2 this subsection may be for one (1), two (2) or three (3) years offer profes-
3 sional contract status.
4 (5) There shall be a minimum of two (2) written evaluations in each of
5 the annual preprofessional contract years of employment, and at least one (1)
6 evaluation shall be completed before January 1 of each year. The provisions of
7 this subsection (5) shall not apply to employees on a category 1 limited one
8 (1) year contract issued pursuant to section 33-514A, Idaho Code.
9 SECTION 3. That Section 33-514A, Idaho Code, as amended by Section 2,
10 Chapter 66, Laws of 2000, be, and the same is hereby amended to read as fol-
11 lows:
12 33-514A. ISSUANCE OF LIMITED CONTRACT. -- CATEGORY 1 CONTRACT. After
13 August 1, the board of trustees may exercise the option of employing certified
14 personnel on a one (1) year limited contract, which may also be referred to as
15 a category 1 contract consistent with the provisions of section 33-514, Idaho
16 Code. Such a contract is specifically offered for the limited duration of the
17 ensuing school year, and no further notice is required by the district to ter-
18 minate the contract at the conclusion of the contract year.
19 SECTION 4. That Section 33-515, Idaho Code, be, and the same is hereby
20 repealed.
21 SECTION 5. That Section 33-515A, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 33-515A. SUPPLEMENTAL CONTRACTS. (1) In addition to the provisions of
24 sections 33-513, 33-514, and 33-514A, and 33-515, Idaho Code, a board of
25 trustees may enter into supplemental contracts to provide extra duty assign-
26 ments for certificated employees. An extra duty assignment is, and supplemen-
27 tal contracts may be used for, an assignment which is not part of a certifi-
28 cated employee's regular teaching duties. Any such contract shall be separate
29 and apart from an annual, a renewable preprofessional, professional or a lim-
30 ited one (1) year contract, and no property rights shall attach to a supple-
31 mental contract. The contract shall be in a form approved by the state super-
32 intendent of public instruction.
33 (2) If a board of trustees determines not to reissue a supplemental con-
34 tract, the board shall give written notice to the employee describing reasons
35 for the decision not to reissue. The employee, upon written request to the
36 board, shall be entitled to an informal review. The process and procedure for
37 the informal review shall be determined by the local board of trustees. Within
38 fifteen (15) days following the meeting with the employee, the board shall
39 notify the employee of its final decision in the matter. Should a school dis-
40 trict provide for additional procedures, nothing in this statute shall be
41 interpreted to limit those procedures.
42 SECTION 6. That Section 33-516, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 33-516. RIGHT TO RENEWABLE PROFESSIONAL CONTRACT WHEN DISTRICT IS
45 DIVIDED, CONSOLIDATED OR REORGANIZED. If, by reason of the division of a
46 school district, including any specially chartered district, or by reason of
47 the consolidation of such a district with another district, or other dis-
6
1 tricts, or by reason of the reorganization of such a district, the position
2 held by any teacher entitled to a renewable professional contract is trans-
3 ferred from the control of one board of trustees to the control of a new or
4 different board of trustees, the right to automatic renewal such contract is
5 not thereby lost, and such new or different board of trustees shall be subject
6 to all of the provisions of this chapter with respect to such teacher in the
7 same manner as if such teacher were its employee and had been its employee
8 during the time such teacher was actually employed by the board of trustees
9 from whose control the position was transferred.
10 SECTION 7. (1) This act shall be in full force and effect on and after
11 April 1, 2001.
12 (2) The provisions of this act, which affect laws relating to issuance of
13 renewable contracts for certificated employees of school districts, shall not
14 impair the obligations of district negotiated agreements in existence prior to
15 the effective date of this act.
16 If a district negotiated agreement is in effect prior to the effective
17 date of this act, and such district negotiated agreement expires after the
18 expiration of an individual employment contract over which it exerts certain
19 obligations, then such individual employment contract shall conform to the
20 provisions of this act to the extent that it does not impair the obligations
21 of such district negotiated agreement. Provided however, such individual con-
22 tract shall additionally provide for complete conformity with the provisions
23 of this act immediately upon expiration of the district negotiated agreement,
24 and thereafter all contracts shall conform to the provisions of this act.
STATEMENT OF PURPOSE
RS 11246
This Legislation addresses the renewable contracts for school
district personnel.
1. Deletes 33-515 (renewable contracts) and all references
to this section.
2. Amends 33—514 to allow for three types of contracts;
limited one year contracts, preprofessional, and professional
contracts.
3. Allows school districts to offer a two year contract to
professional contract teachers.
4. Requires school districts to evaluate certificated
employees after each 10 years of continuous employment with the
district. This evaluation of the certificated employee, in
addition to currently required annual evaluations, will consist
of a professional portfolio review according to local school
district policy.
FISCAL IMPACT
There is no fiscal impact to the State general fund.
Contact
Name: Rep. Ken Roberts Senator Darrel Deide
Phone: 332—1000
Rep. Cameron Wheeler
Rep. Dennis Lake
STATEMENT OF PURPOSE/FISCAL NOTE H 362