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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 - 2001IN 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 - 2001Moved 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 - 2001IN 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