Print Friendly SENATE BILL NO. 1115 – Teacher contracts, full-time, when
SENATE BILL NO. 1115
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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
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Educ
|||| 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
43 The board of trustees shall withhold the salary of any teacher who does
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-
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
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-
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-
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-
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
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-
STATEMENT OF PURPOSE
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.
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
Name: Darrel Deide
STATEMENT OF PURPOSE/FISCAL NOTE S1115