2001 Legislation
Print Friendly

SENATE BILL NO. 1115 – Teacher contracts, full-time, when

SENATE BILL NO. 1115

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



S1115..........................................................by EDUCATION
TEACHERS - CONTRACTS - Amends existing law to specify the number of days
which shall constitute a full-time contract for professional personnel of
school districts; and to impose a deduction from salary-based apportionment
based upon the percentage by which a school district fails to implement a
full-time contract.
                                                                        
02/12    Senate intro - 1st rdg - to printing
02/13    Rpt prt - to Educ

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1115
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PROFESSIONAL  PERSONNEL  OF  SCHOOL  DISTRICTS;  AMENDING  SECTION
  3        33-513, IDAHO CODE, TO SPECIFY THE NUMBER OF DAYS WHICH SHALL CONSTITUTE A
  4        FULL-TIME CONTRACT FOR PROFESSIONAL PERSONNEL AND TO MAKE A TECHNICAL COR-
  5        RECTION; AND AMENDING SECTION 33-1004E, IDAHO CODE, TO PROVIDE A DEDUCTION
  6        FROM  SALARY-BASED APPORTIONMENT BASED UPON THE PERCENTAGE BY WHICH A DIS-
  7        TRICT FAILS TO IMPLEMENT A FULL-TIME CONTRACT.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Section 33-513, Idaho Code, be, and the  same  is  hereby
 10    amended to read as follows:
                                                                        
 11        33-513.  PROFESSIONAL PERSONNEL. The board of trustees of each school dis-
 12    trict  including  any  specially  chartered district, shall have the following
 13    powers and duties:
 14        1.  To employ professional personnel, on written contract in form approved
 15    by the state superintendent of public instruction, conditioned  upon  a  valid
 16    certificate  being held by such professional personnel at the time of entering
 17    upon the duties thereunder. Full-time contracts shall not  be  less  than  one
 18    hundred  ninety-one  (191)  days  during  the  2001-2002  school year and will
 19    increase by one (1) day each year until a maximum of one  hundred  ninety-five
 20    (195) days is reached. During the 2001-2002 school year, not less than six (6)
 21    days  of the contract will be devoted to teacher training and will increase by
 22    one (1) day each year until a maximum of ten (10) days are devoted to  teacher
 23    training.  Not  more  than  five (5) days of the contract may be used for paid
 24    holidays. All remaining days shall be used as educational service days. Educa-
 25    tional service days are defined as days of instruction, days working with stu-
 26    dents, days in parent-teacher conferences or as  allowed  in  section  33-512,
 27    Idaho  Code.  Should the board of trustees fail to enter into written contract
 28    for the employment of any such person,  the  state  superintendent  of  public
 29    instruction  shall withhold ensuing apportionments until such written contract
 30    be entered into. When the board of trustees has delivered a proposed  contract
 31    for  the next ensuing year to any such person, such person shall have a period
 32    of time to be determined by the board of trustees in its discretion, but in no
 33    event less than ten (10) days from the date  the  contract  is  delivered,  in
 34    which  to sign the contract and return it to the board. Delivery of a contract
 35    may be made only in person or by certified  mail,  return  receipt  requested.
 36    When delivery is made in person, delivery of the contract must be acknowledged
 37    by a signed receipt. When delivery is made by certified mail, delivery must be
 38    acknowledged  by  the  return of the certified mail receipt from the person to
 39    whom the contract was sent. Should the person willfully refuse to  acknowledge
 40    receipt  of  the  contract  or  the contract is not signed and returned to the
 41    board in the designated period of time, the board  may  declare  the  position
 42    vacant.
 43        The  board  of  trustees shall withhold the salary of any teacher who does
                                                                        
                                           2
                                                                        
  1    not hold a teaching certificate valid in this state. It shall not contract  to
  2    require  any  teacher to make up time spent in attending any meeting called by
  3    the state board of education or by the state superintendent of public instruc-
  4    tion; nor while attending regularly scheduled official meetings of  the  state
  5    teachers' association.
  6        2.  In  the  case  of  school  districts other than elementary school dis-
  7    tricts, to employ a superintendent of schools for a term not to  exceed  three
  8    (3)  years,  who  shall be the executive officer of the board of trustees with
  9    such powers and duties as the board may  prescribe. The  superintendent  shall
 10    also  act  as  the  authorized representative of the district whenever such is
 11    required, unless some other person shall be named by the board of trustees  to
 12    act  as  its authorized representative. The board of trustees shall conduct an
 13    annual, written formal evaluation of the work of  the  superintendent  of  the
 14    district.  The  evaluation  shall indicate the strengths and weaknesses of the
 15    superintendent's job performance in the year immediately preceding the evalua-
 16    tion and areas where improvement in the superintendent's job  performance,  in
 17    the view of the board of trustees, is called for.
 18        3.  To  employ  through written contract principals who shall hold a valid
 19    certificate appropriate to the position for which they are employed, who shall
 20    supervise the operation and management of the school in  accordance  with  the
 21    policies  established  by  the  board  of  trustees and who shall be under the
 22    supervision of the superintendent.
 23        4.  To employ assistant superintendents and principals for a term  not  to
 24    exceed  two (2) years. Service performed under such contract shall be included
 25    in meeting the provisions of section 33-515, Idaho Code, as a teacher and per-
 26    sons eligible for a renewable contract as a teacher shall retain  such  eligi-
 27    bility.
 28        5.  To  suspend,  grant  leave of absence, place on probation or discharge
 29    certificated professional personnel for a material  violation  of  any  lawful
 30    rules  or regulations of the board of trustees or of the state board of educa-
 31    tion, or for any conduct which could constitute grounds for  revocation  of  a
 32    teaching  certificate.   Any  certificated  professional  employee, except the
 33    superintendent, may be discharged during a contract term under  the  following
 34    procedures:
 35        (a)  The  superintendent or any other duly authorized administrative offi-
 36        cer of the school district may recommend the discharge of any certificated
 37        employee by filing with the board of trustees  written  notice  specifying
 38        the alleged reasons for discharge.
 39        (b)  Upon  receipt  of  such  notice  the  board acting through their duly
 40        authorized administrative official, shall give the affected employee writ-
 41        ten notice of the allegations and the recommendation of  discharge,  along
 42        with  written notice of a hearing before the board prior to any determina-
 43        tion by the board of the truth of the allegations.
 44        (c)  The hearing shall be scheduled to take place not less  than  six  (6)
 45        days nor more than twenty-one (21) days after receipt of the notice by the
 46        employee.  The date provided for the hearing may be changed by mutual con-
 47        sent.
 48        (d)  The hearing shall be public unless the employee requests  in  writing
 49        that it be in executive session.
 50        (e)  All  testimony  at  the hearing shall be given under oath or affirma-
 51        tion. Any member of the board, or the clerk of the board,  may  administer
 52        oaths to witnesses or affirmations by witnesses.
 53        (f)  The  employee  may be represented by legal counsel and/or by a repre-
 54        sentative of a local or state teachers' association.
 55        (g)  The chairman of the board or the designee of the chairman shall  con-
                                                                        
                                           3
                                                                        
  1        duct the hearing.
  2        (h)  The  board shall cause an electronic record of the hearing to be made
  3        or shall employ a competent reporter to  take  stenographic  or  stenotype
  4        notes  of  all  the  testimony at the hearing. A transcript of the hearing
  5        shall be provided at cost by the board upon request of the employee.
  6        (i)  At the hearing the superintendent or other duly  authorized  adminis-
  7        trative  officer  shall  present  evidence to substantiate the allegations
  8        contained in such notice.
  9        (j)  The employee may produce evidence to refute the allegations. Any wit-
 10        ness  presented by the superintendent or by the employee shall be  subject
 11        to  cross-examination.  The board may also examine witnesses and be repre-
 12        sented by counsel.
 13        (k)  The affected employee may file written briefs and arguments with  the
 14        board  within  three (3) days after the close of the hearing or such other
 15        time as may be agreed upon by the affected employee and the board.
 16        (l)  Within fifteen (15) days following the  close  of  the  hearing,  the
 17        board  shall  determine and, acting through their duly authorized adminis-
 18        trative official, shall notify the employee in writing  whether  the  evi-
 19        dence  presented  at  the hearing established the truth of the allegations
 20        and whether the employee is to be  retained,  immediately  discharged,  or
 21        discharged upon termination of the current contract.
                                                                        
 22        SECTION  2.  That Section 33-1004E, Idaho Code, be, and the same is hereby
 23    amended to read as follows:
                                                                        
 24        33-1004E.  DISTRICT'S SALARY-BASED APPORTIONMENT. Each district  shall  be
 25    entitled  to  a salary-based apportionment calculated as provided in this sec-
 26    tion.
 27        1.  To determine the apportionment for instructional staff,  first  deter-
 28    mine the district average experience and education index by placing all eligi-
 29    ble  district certificated instructional employees on the statewide index pro-
 30    vided in section 33-1004A, Idaho Code. The resulting average is  the  district
 31    index.  Districts  with  an  index above the state average index shall receive
 32    their actual index but not more than  the  state  average  plus  .03  for  the
 33    1994-95  school  year,  and shall receive their actual index but not more than
 34    the state average plus .06 for the 1995-96 school year, and  thereafter  shall
 35    receive  their  actual  district index. The district instructional staff index
 36    shall be multiplied by the instructional base salary of $20,915. The amount so
 37    determined shall be multiplied by the district staff  allowance  for  instruc-
 38    tional  staff  determined as provided in section 33-1004 2., Idaho Code. If an
 39    instructional staff member has been certified by the national board  for  pro-
 40    fessional teaching standards, the staff member shall be designated as a master
 41    teacher and receive $2,000 per year for five (5) years. The instructional sal-
 42    ary shall be increased by $2,000 for each master teacher. The resulting amount
 43    is the district's salary-based apportionment for instructional staff. For pur-
 44    poses  of  this section, teachers qualifying for the salary increase as master
 45    teacher shall be those who have been recognized as  national  board  certified
 46    teachers as of July 1 of each year.
 47        2.  To  determine  the  apportionment  for  district administrative staff,
 48    first determine the district average experience and education index by placing
 49    all eligible certificated administrative employees on the statewide index pro-
 50    vided in section 33-1004A, Idaho Code. The resulting average is  the  district
 51    index.  Districts  with  an  index above the state average index shall receive
 52    their actual index but not more than the state average plus .03 for the school
 53    year 1994-95, and shall receive their actual index but not more than the state
                                                                        
                                           4
                                                                        
  1    average index plus .06 for the  1995-96  school  year,  and  thereafter  shall
  2    receive  their  actual district index. The district administrative staff index
  3    shall be multiplied by the base salary of $30,599. The  amount  so  determined
  4    shall  be  multiplied by the district staff allowance for administrative staff
  5    determined as provided in section 33-1004 3., Idaho Code. The resulting amount
  6    is the district's salary-based apportionment for administrative staff.
  7        3.  To determine the apportionment for classified staff, multiply  $16,232
  8    by  the  district classified staff allowance determined as provided in section
  9    33-1004 4., Idaho Code. The amount so determined is the district's  apportion-
 10    ment for classified staff.
 11        4.  The  district's  salary-based  apportionment  shall  be the sum of the
 12    apportionments calculated in subsections 1., 2. and 3., of this section,  plus
 13    the benefit apportionment as provided in section 33-1004F, Idaho Code.
 14        5.  For  any  school district which fails to comply with the provisions of
 15    section 33-513 1., Idaho Code, which defines a full-time contract,  an  amount
 16    equal  to the percentage by which the district does not meet the definition of
 17    full time applied to the staff  apportionments  shall  be  deducted  from  the
 18    district's salary-based apportionment calculated in subsection 4. of this sec-
 19    tion.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS 10976

The state reimburses school districts though the staff allowance
for professional staff based upon the average education and
experience level of the staff.  All school districts are treated
equally in this regard.  

However, the number of contract days that are worked by the
instructional staff varies a great deal.  In order to bring
fairness to the system a uniform calendar is required.

Further, there is a need to provide more planning time for teachers
and this legislation will add five (5) days for this purpose over
a five (5) year period.

                          FISCAL IMPACT
Since the state increase to public schools is in excess of the need
to meet cost of living and student growth, there is no fiscal
impact.

Contact
Name: Darrel Deide 
Phone: 332-1345




STATEMENT OF PURPOSE/FISCAL NOTE                          S1115