View Daily Data Tracking History
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
S1061aa........................................................by EDUCATION
TEACHER AND PRINCIPAL EFFECTIVENESS - Amends existing law to authorize
criteria to evaluate teacher and principal effectiveness including
classroom management, adherence to district curriculum, parent
communication, student progress and professional conduct.
02/05 Senate intro - 1st rdg - to printing
02/06 Rpt prt - to Educ
02/19 Rpt out - to 14th Ord
02/22 Rpt out amen - to engros
02/23 Rpt engros - 1st rdg - to 2nd rdg as amen
02/26 2nd rdg - to 3rd rdg as amen
03/02 3rd rdg as amen - PASSED - 25-9-1
AYES -- Boatright, Branch(Bartlett), Bunderson, Burtenshaw, Cameron,
Danielson, Davis, Deide, Frasure, Geddes, Goedde, Hawkins, Ipsen,
Lee, Lodge, Noh, Richardson, Risch, Sandy, Sims, Sorensen, Stegner,
Thorne, Wheeler, Williams,
NAYS -- Andreason, Brandt, Darrington, Ingram, Keough, King-Barrutia,
Schroeder, Stennett, Whitworth
Absent and excused -- Dunklin
Floor Sponsor -- Deide
Title apvd - to House
03/05 House intro - 1st rdg - to Educ
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1061
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO CERTIFICATED EMPLOYEES; AMENDING SECTION 33-514, IDAHO CODE, AS
3 AMENDED BY SECTION 1, CHAPTER 66, LAWS OF 2000, TO AUTHORIZE CRITERIA TO
4 EVALUATE TEACHER EFFECTIVENESS; AND AMENDING SECTION 33-515, IDAHO CODE,
5 TO AUTHORIZE CRITERIA TO EVALUATE TEACHER EFFECTIVENESS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 33-514, Idaho Code, as amended by Section 1,
8 Chapter 66, Laws of 2000, be, and the same is hereby amended to read as fol-
9 lows:
10 33-514. ISSUANCE OF ANNUAL CONTRACTS -- SUPPORT PROGRAMS -- CATEGORIES OF
11 CONTRACTS -- OPTIONAL PLACEMENT. (1) The board of trustees shall establish
12 criteria and procedures for the supervision and evaluation of certificated
13 employees who are not employed on a renewable contract, as provided for in
14 section 33-515, Idaho Code. Criteria shall include but are not limited to,
15 classroom management, adherence to district adopted curriculum, parent commu-
16 nication, teacher effectiveness as evidenced by student growth determined by
17 an assessment program based on district curriculum, and professional conduct.
18 (2) Each school district shall have a support program for certificated
19 employees who are experiencing their first three (3) years with the district,
20 under a category 1, 2 or 3 contract, providing support in the areas of: admin-
21 istrative and supervisory support, mentoring, peer assistance and professional
22 development. In developing support programs, nothing shall prevent districts
23 from joining together to formulate a joint program applicable to each member
24 district. Programs shall be submitted for approval to the state department of
25 education in accordance with procedures established by the department. The
26 state department of education is hereby authorized and directed to:
27 (a) Formulate basic guidelines which districts shall use as a model for
28 developing district programs;
29 (b) Approve school district support programs; and
30 (c) Establish procedures for districts to submit programs for approval,
31 to provide for periodic review of previously approved programs, and to
32 allow districts to amend previously approved programs.
33 (3) There shall be three (3) categories of annual contracts available to
34 local school districts under which to employ certificated personnel:
35 (a) A category 1 contract is a limited one-year contract as provided in
36 section 33-514A, Idaho Code.
37 (b) A category 2 contract is for certificated personnel in the first and
38 second years of continuous employment with the same school district. While
39 employed under a category 2 contract, the employee shall be provided the
40 services of the district support program referenced in subsection (2) of
41 this section. Upon the decision by a local school board not to reemploy
42 the person for the following year, the certificated employee shall be pro-
43 vided a written statement of reasons for non-reemployment by no later than
2
1 May 25. No property rights shall attach to a category 2 contract and
2 therefore the employee shall not be entitled to a review by the local
3 board of the reasons or decision not to reemploy.
4 (c) A category 3 contract is for certificated personnel during the third
5 year of continuous employment by the same school district. District proce-
6 dures shall require at least one (1) evaluation prior to the beginning of
7 the second semester of the school year and the results of any such evalua-
8 tion shall be made a matter of record in the employee's personnel file.
9 When any such employee's work is found to be unsatisfactory a defined
10 period of probation shall be established by the board, but in no case
11 shall a probationary period be less than eight (8) weeks. After the proba-
12 tionary period, action shall be taken by the board as to whether the
13 employee is to be retained, immediately discharged, discharged upon termi-
14 nation of the current contract or reemployed at the end of the contract
15 term under a continued probationary status. Notwithstanding the provisions
16 of sections 67-2344 and 67-2345, Idaho Code, a decision to place certifi-
17 cated personnel on probationary status may be made in executive session
18 and the employee shall not be named in the minutes of the meeting. A
19 record of the decision shall be placed in the employee's personnel file.
20 This procedure shall not preclude recognition of unsatisfactory work at a
21 subsequent evaluation and the establishment of a reasonable period of pro-
22 bation. In all instances, the employee shall be duly notified in writing
23 of the areas of work which are deficient, including the conditions of pro-
24 bation. Each such certificated employee on a category 3 contract shall be
25 given notice, in writing, whether he or she will be reemployed for the
26 next ensuing year. Such notice shall be given by the board of trustees no
27 later than the twenty-fifth day of May of each such year. If the board of
28 trustees has decided not to reemploy the certificated employee, then the
29 notice must contain a statement of reasons for such decision and the
30 employee shall, upon request, be given the opportunity for an informal
31 review of such decision by the board of trustees. The parameters of an
32 informal review shall be determined by the local board.
33 (4) School districts hiring an employee who has been on renewable con-
34 tract status with another Idaho district or has out-of-state experience which
35 would otherwise qualify the certificated employee for renewable contract sta-
36 tus in Idaho, shall have the option to immediately grant renewable contract
37 status, or to place the employee on a category 3 annual contract. Such employ-
38 ment on a category 3 contract under the provisions of this subsection may be
39 for one (1), two (2) or three (3) years.
40 (5) There shall be a minimum of two (2) written evaluations in each of
41 the annual contract years of employment, and at least one (1) evaluation shall
42 be completed before January 1 of each year. The provisions of this subsection
43 (5) shall not apply to employees on a category 1 contract.
44 SECTION 2. That Section 33-515, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 33-515. ISSUANCE OF RENEWABLE CONTRACTS. During the third full year of
47 continuous employment by the same school district, including any specially
48 chartered district, each certificated employee named in subsection 16. of sec-
49 tion 33-1001, Idaho Code, and each school nurse and school librarian shall be
50 evaluated for a renewable contract and shall, upon having been offered a con-
51 tract for the next ensuing year, having given notice of acceptance of renewal
52 and upon signing a contract for a fourth full year, be placed on a renewable
53 contract status with said school district subject to the provisions included
3
1 in this chapter.
2 After the third full year of employment and at least once annually, the
3 performance of each such certificated employee, school nurse, or school
4 librarian shall be evaluated according to criteria and procedures established
5 by the board of trustees in accordance with general guidelines approved by the
6 state board of education. Criteria shall include but are not limited to,
7 classroom management, adherence to district adopted curriculum, parent commu-
8 nication, teacher effectiveness as evidenced by student growth determined by
9 an assessment program based on district curriculum, and professional conduct.
10 Except as otherwise provided, that person shall have the right to automatic
11 renewal of contract by giving notice, in writing, of acceptance of renewal.
12 Such notice shall be given to the board of trustees of the school district
13 then employing such person not later than the first day of June preceding the
14 expiration of the term of the current contract. Except as otherwise provided
15 by this paragraph, the board of trustees shall notify each person entitled to
16 be employed on a renewable contract of the requirement that such person must
17 give the notice hereinabove and that failure to do so may be interpreted by
18 the board as a declination of the right to automatic renewal or the offer of
19 another contract. Such notification shall be made, in writing, not later than
20 the fifteenth day of May, in each year, except to those persons to whom the
21 board, prior to said date, has sent proposed contracts for the next ensuing
22 year, or to whom the board has given the notice required by this section.
23 Any contract automatically renewed under the provisions of this section
24 shall be for the same length as the term stated in the current contract and at
25 a salary no lower than that specified therein, to which shall be added such
26 increments as may be determined by the statutory or regulatory rights of such
27 employee by reason of training, service, or performance.
28 Nothing herein shall prevent the board of trustees from offering a renewed
29 contract increasing the salary of any certificated person, or from reassigning
30 an administrative employee to a nonadministrative position with appropriate
31 reduction of salary from the preexisting salary level. In the event the board
32 of trustees reassigns an administrative employee to a nonadministrative posi-
33 tion, the board shall give written notice to the employee which contains a
34 statement of the reasons for the reassignment. The employee, upon written
35 request to the board, shall be entitled to an informal review of that deci-
36 sion. The process and procedure for the informal review shall be determined by
37 the local board of trustees.
38 Before a board of trustees can determine not to renew for reasons of an
39 unsatisfactory report of the performance of any certificated person whose con-
40 tract would otherwise be automatically renewed, or to renew the contract of
41 any such person at a reduced salary, such person shall be entitled to a rea-
42 sonable period of probation. This period of probation shall be preceded by a
43 written notice from the board of trustees with reasons for such probationary
44 period and with provisions for adequate supervision and evaluation of the
45 person's performance during the probationary period. Such period of probation
46 shall not affect the person's renewable contract status. Consideration of pro-
47 bationary status for certificated personnel is consideration of the status of
48 an employee within the meaning of section 67-2345, Idaho Code, and may be held
49 in executive session. If the consideration results in probationary status, the
50 individual on probation shall not be named in the minutes of the meeting. A
51 record of the decision shall be placed in the teacher's personnel file.
52 If the board of trustees takes action to immediately discharge or dis-
53 charge upon termination of the current contract a certificated person whose
54 contract would otherwise be automatically renewed, or to renew the contract of
55 any such person at a reduced salary, the action of the board shall be consis-
4
1 tent with the procedures specified in section 33-513(5), Idaho Code, and fur-
2 thermore, the board shall notify the employee in writing whether there is just
3 and reasonable cause not to renew the contract or to reduce the salary of the
4 affected employee, and if so, what reasons it relied upon in that determina-
5 tion.
6 If the board of trustees, for reasons other than unsatisfactory service,
7 for the ensuing contract year, determines to change the length of the term
8 stated in the current contract, reduce the salary or not renew the contract of
9 a certificated person whose contract would otherwise be automatically renewed,
10 nothing herein shall require a probationary period.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Dunklin
Seconded by Deide
IN THE SENATE
SENATE AMENDMENTS TO S.B. NO. 1061
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, delete lines 14 through 17 and insert:
3 "section 33-515, Idaho Code. Evaluation criteria for general classroom teach-
4 ers and principals shall include, but is not limited to, classroom management,
5 adherence to district adopted curriculum, parental communication, teacher
6 effectiveness as evidenced by student progress based on criteria agreed to by
7 school board trustees, administrators and teachers, and professional conduct
8 as outlined in the code of ethics of the Idaho teaching profession adopted by
9 the professional standards commission and the state board of education.".
10 AMENDMENT TO SECTION 2
11 On page 3, delete lines 6 through 9 and insert: "state board of education.
12 Evaluation criteria for general classroom teachers and principals shall
13 include, but is not limited to, classroom management, adherence to district
14 adopted curriculum, parental communication, teacher effectiveness as evidenced
15 by student progress based on criteria agreed to by school board trustees,
16 administrators and teachers, and professional conduct as outlined in the code
17 of ethics of the Idaho teaching profession adopted by the professional stan-
18 dards commission and the state board of education.".
19 CORRECTIONS TO TITLE
20 On page 1, in line 4, following "TEACHER" insert: "AND PRINCIPAL"; and in
21 line 5, following "TEACHER" insert: "AND PRINCIPAL".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1061, As Amended
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO CERTIFICATED EMPLOYEES; AMENDING SECTION 33-514, IDAHO CODE, AS
3 AMENDED BY SECTION 1, CHAPTER 66, LAWS OF 2000, TO AUTHORIZE CRITERIA TO
4 EVALUATE TEACHER AND PRINCIPAL EFFECTIVENESS; AND AMENDING SECTION 33-515,
5 IDAHO CODE, TO AUTHORIZE CRITERIA TO EVALUATE TEACHER AND PRINCIPAL EFFEC-
6 TIVENESS.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 33-514, Idaho Code, as amended by Section 1,
9 Chapter 66, Laws of 2000, be, and the same is hereby amended to read as fol-
10 lows:
11 33-514. ISSUANCE OF ANNUAL CONTRACTS -- SUPPORT PROGRAMS -- CATEGORIES OF
12 CONTRACTS -- OPTIONAL PLACEMENT. (1) The board of trustees shall establish
13 criteria and procedures for the supervision and evaluation of certificated
14 employees who are not employed on a renewable contract, as provided for in
15 section 33-515, Idaho Code. Evaluation criteria for general classroom teachers
16 and principals shall include, but is not limited to, classroom management,
17 adherence to district adopted curriculum, parental communication, teacher
18 effectiveness as evidenced by student progress based on criteria agreed to by
19 school board trustees, administrators and teachers, and professional conduct
20 as outlined in the code of ethics of the Idaho teaching profession adopted by
21 the professional standards commission and the state board of education.
22 (2) Each school district shall have a support program for certificated
23 employees who are experiencing their first three (3) years with the district,
24 under a category 1, 2 or 3 contract, providing support in the areas of: admin-
25 istrative and supervisory support, mentoring, peer assistance and professional
26 development. In developing support programs, nothing shall prevent districts
27 from joining together to formulate a joint program applicable to each member
28 district. Programs shall be submitted for approval to the state department of
29 education in accordance with procedures established by the department. The
30 state department of education is hereby authorized and directed to:
31 (a) Formulate basic guidelines which districts shall use as a model for
32 developing district programs;
33 (b) Approve school district support programs; and
34 (c) Establish procedures for districts to submit programs for approval,
35 to provide for periodic review of previously approved programs, and to
36 allow districts to amend previously approved programs.
37 (3) There shall be three (3) categories of annual contracts available to
38 local school districts under which to employ certificated personnel:
39 (a) A category 1 contract is a limited one-year contract as provided in
40 section 33-514A, Idaho Code.
41 (b) A category 2 contract is for certificated personnel in the first and
42 second years of continuous employment with the same school district. While
43 employed under a category 2 contract, the employee shall be provided the
2
1 services of the district support program referenced in subsection (2) of
2 this section. Upon the decision by a local school board not to reemploy
3 the person for the following year, the certificated employee shall be pro-
4 vided a written statement of reasons for non-reemployment by no later than
5 May 25. No property rights shall attach to a category 2 contract and
6 therefore the employee shall not be entitled to a review by the local
7 board of the reasons or decision not to reemploy.
8 (c) A category 3 contract is for certificated personnel during the third
9 year of continuous employment by the same school district. District proce-
10 dures shall require at least one (1) evaluation prior to the beginning of
11 the second semester of the school year and the results of any such evalua-
12 tion shall be made a matter of record in the employee's personnel file.
13 When any such employee's work is found to be unsatisfactory a defined
14 period of probation shall be established by the board, but in no case
15 shall a probationary period be less than eight (8) weeks. After the proba-
16 tionary period, action shall be taken by the board as to whether the
17 employee is to be retained, immediately discharged, discharged upon termi-
18 nation of the current contract or reemployed at the end of the contract
19 term under a continued probationary status. Notwithstanding the provisions
20 of sections 67-2344 and 67-2345, Idaho Code, a decision to place certifi-
21 cated personnel on probationary status may be made in executive session
22 and the employee shall not be named in the minutes of the meeting. A
23 record of the decision shall be placed in the employee's personnel file.
24 This procedure shall not preclude recognition of unsatisfactory work at a
25 subsequent evaluation and the establishment of a reasonable period of pro-
26 bation. In all instances, the employee shall be duly notified in writing
27 of the areas of work which are deficient, including the conditions of pro-
28 bation. Each such certificated employee on a category 3 contract shall be
29 given notice, in writing, whether he or she will be reemployed for the
30 next ensuing year. Such notice shall be given by the board of trustees no
31 later than the twenty-fifth day of May of each such year. If the board of
32 trustees has decided not to reemploy the certificated employee, then the
33 notice must contain a statement of reasons for such decision and the
34 employee shall, upon request, be given the opportunity for an informal
35 review of such decision by the board of trustees. The parameters of an
36 informal review shall be determined by the local board.
37 (4) School districts hiring an employee who has been on renewable con-
38 tract status with another Idaho district or has out-of-state experience which
39 would otherwise qualify the certificated employee for renewable contract sta-
40 tus in Idaho, shall have the option to immediately grant renewable contract
41 status, or to place the employee on a category 3 annual contract. Such employ-
42 ment on a category 3 contract under the provisions of this subsection may be
43 for one (1), two (2) or three (3) years.
44 (5) There shall be a minimum of two (2) written evaluations in each of
45 the annual contract years of employment, and at least one (1) evaluation shall
46 be completed before January 1 of each year. The provisions of this subsection
47 (5) shall not apply to employees on a category 1 contract.
48 SECTION 2. That Section 33-515, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 33-515. ISSUANCE OF RENEWABLE CONTRACTS. During the third full year of
51 continuous employment by the same school district, including any specially
52 chartered district, each certificated employee named in subsection 16. of sec-
53 tion 33-1001, Idaho Code, and each school nurse and school librarian shall be
3
1 evaluated for a renewable contract and shall, upon having been offered a con-
2 tract for the next ensuing year, having given notice of acceptance of renewal
3 and upon signing a contract for a fourth full year, be placed on a renewable
4 contract status with said school district subject to the provisions included
5 in this chapter.
6 After the third full year of employment and at least once annually, the
7 performance of each such certificated employee, school nurse, or school
8 librarian shall be evaluated according to criteria and procedures established
9 by the board of trustees in accordance with general guidelines approved by the
10 state board of education. Evaluation criteria for general classroom teachers
11 and principals shall include, but is not limited to, classroom management,
12 adherence to district adopted curriculum, parental communication, teacher
13 effectiveness as evidenced by student progress based on criteria agreed to by
14 school board trustees, administrators and teachers, and professional conduct
15 as outlined in the code of ethics of the Idaho teaching profession adopted by
16 the professional standards commission and the state board of education. Except
17 as otherwise provided, that person shall have the right to automatic renewal
18 of contract by giving notice, in writing, of acceptance of renewal. Such
19 notice shall be given to the board of trustees of the school district then
20 employing such person not later than the first day of June preceding the expi-
21 ration of the term of the current contract. Except as otherwise provided by
22 this paragraph, the board of trustees shall notify each person entitled to be
23 employed on a renewable contract of the requirement that such person must give
24 the notice hereinabove and that failure to do so may be interpreted by the
25 board as a declination of the right to automatic renewal or the offer of
26 another contract. Such notification shall be made, in writing, not later than
27 the fifteenth day of May, in each year, except to those persons to whom the
28 board, prior to said date, has sent proposed contracts for the next ensuing
29 year, or to whom the board has given the notice required by this section.
30 Any contract automatically renewed under the provisions of this section
31 shall be for the same length as the term stated in the current contract and at
32 a salary no lower than that specified therein, to which shall be added such
33 increments as may be determined by the statutory or regulatory rights of such
34 employee by reason of training, service, or performance.
35 Nothing herein shall prevent the board of trustees from offering a renewed
36 contract increasing the salary of any certificated person, or from reassigning
37 an administrative employee to a nonadministrative position with appropriate
38 reduction of salary from the preexisting salary level. In the event the board
39 of trustees reassigns an administrative employee to a nonadministrative posi-
40 tion, the board shall give written notice to the employee which contains a
41 statement of the reasons for the reassignment. The employee, upon written
42 request to the board, shall be entitled to an informal review of that deci-
43 sion. The process and procedure for the informal review shall be determined by
44 the local board of trustees.
45 Before a board of trustees can determine not to renew for reasons of an
46 unsatisfactory report of the performance of any certificated person whose con-
47 tract would otherwise be automatically renewed, or to renew the contract of
48 any such person at a reduced salary, such person shall be entitled to a rea-
49 sonable period of probation. This period of probation shall be preceded by a
50 written notice from the board of trustees with reasons for such probationary
51 period and with provisions for adequate supervision and evaluation of the
52 person's performance during the probationary period. Such period of probation
53 shall not affect the person's renewable contract status. Consideration of pro-
54 bationary status for certificated personnel is consideration of the status of
55 an employee within the meaning of section 67-2345, Idaho Code, and may be held
4
1 in executive session. If the consideration results in probationary status, the
2 individual on probation shall not be named in the minutes of the meeting. A
3 record of the decision shall be placed in the teacher's personnel file.
4 If the board of trustees takes action to immediately discharge or dis-
5 charge upon termination of the current contract a certificated person whose
6 contract would otherwise be automatically renewed, or to renew the contract of
7 any such person at a reduced salary, the action of the board shall be consis-
8 tent with the procedures specified in section 33-513(5), Idaho Code, and fur-
9 thermore, the board shall notify the employee in writing whether there is just
10 and reasonable cause not to renew the contract or to reduce the salary of the
11 affected employee, and if so, what reasons it relied upon in that determina-
12 tion.
13 If the board of trustees, for reasons other than unsatisfactory service,
14 for the ensuing contract year, determines to change the length of the term
15 stated in the current contract, reduce the salary or not renew the contract of
16 a certificated person whose contract would otherwise be automatically renewed,
17 nothing herein shall require a probationary period.
STATEMENT OF PURPOSE
RS 10879
Currently, Idaho Code concerning the supervision of
renewable contract and the supervision of annual contract
teachers provides little direction to the local Board of
Trustees, except to say it shall be done. Consequently, nearly
all supervision and evaluation procedures are of a general input
nature rather than based on output or on what value did the
efforts of the teacher produce.
This legislation gives more specific direction to the local
Board of Trustees as to what must be included in the evaluation
of teachers. It directs attention to significant elements of
teacher success: Does the teacher properly manage the classroom?
Does the teacher adhere to the curriculum? Does the teacher
produce growth in students? This legislation does not limit
trustees in any way from adding additional elements to the
supervision and evaluation process.
FISCAL IMPACT
None.
Contact
Name: Senator Darrel Deide
Phone: 332 1345
STATEMENT OF PURPOSE/FISCAL NOTE S 1061