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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 - 2001IN 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CONTRACTS OF SCHOOL DISTRICT CERTIFICATED PERSONNEL; AMENDING SEC- 3 TION 33-513, IDAHO CODE, TO DELETE REFERENCE TO A REPEALED SECTION AND TO 4 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 33-514, IDAHO CODE, AS 5 AMENDED BY SECTION 1, CHAPTER 66, LAWS OF 2000, TO DELETE REFERENCE TO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CONTRACTS; REPEALING SEC- 12 TION 33-515, IDAHO CODE; AMENDING SECTION 33-515A, IDAHO CODE, TO DELETE 13 REFERENCE TO A REPEALED SECTION, TO PROVIDE A CODE REFERENCE AND TO PRO- 14 VIDE PROPER TERMINOLOGY; AMENDING SECTION 33-516, IDAHO CODE, TO PROVIDE 15 PROPER TERMINOLOGY; PROVIDING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 included26in meeting the provisions of section 33-515, Idaho Code, as a teacher and per-27sons eligible for a renewable contract as a teacher shall retain such eligi-28bility.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 OFANNUALCONTRACTS FOR CERTIFICATED EMPLOYEES -- SUP- 27 PORT PROGRAMS --CATEGORIESTYPES 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-30able 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, 33under 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)categoriestypes ofannualcontracts avail- 47 able to local school districts under which to employ certificated personnel: 48 (a) Acategory 1 contract is alimited one-year contract as provided in 49 section 33-514A, Idaho Code. 50 (b) Acategory 2preprofessional contractisfor certificated personnel 51 in the first,andsecond and third years of continuous employment with the 52 same school district. While employed under acategory 2preprofessional 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 acategory 2preprofessional 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) Acategory 3professional contractisfor certificated personnel dur- 9 ing thethirdfourth 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 acategory 3professional 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 beenon renewable con-51tract statusemployed at least three (3) consecutive years with another Idaho 52 district or has comparable experience with an out-of-stateexperience which53would otherwise qualify the certificated employee for renewable contract sta-54tus in Idahoschool district, shall have the option to immediatelygrant55renewable contract status, or to place the employee on a category 3 annual5 1contract. Such employment on a category 3 contract under the provisions of2this subsection may be for one (1), two (2) or three (3) yearsoffer profes- 3 sional contract status. 4 (5) There shall be a minimum of two (2) written evaluations in each of 5 theannualpreprofessional 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 acategory 1limited 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 as15a category 1 contract consistent with the provisions of section 33-514, Idaho16Code. 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 renewablepreprofessional, 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 TORENEWABLEPROFESSIONAL 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 arenewableprofessional 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 toautomatic renewalsuch 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