2001 Legislation
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HOUSE BILL NO. 362 – Teachers, contracts, issuance

HOUSE BILL NO. 362

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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

Bill Text


                                                                        
                                                                        
  ||||              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  3        TION 33-513, IDAHO CODE, TO DELETE REFERENCE TO A REPEALED SECTION AND  TO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 / Fiscal Impact


                      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