View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0545..........................................................by EDUCATION
TEACHERS - CONTRACTS - Amends existing law relating to contracts of school
district professional personnel to establish a minimum number of contract
days for instructional personnel in their first year with a school
district; to establish a minimum number of contract days for instructional
personnel in the second and subsequent years with the school district; to
specify a required minimum number of contract days for teacher orientation
and training; to limit the maximum number of contract days for paid
holidays; and to provide a definition of "educational service days."
02/04 House intro - 1st rdg - to printing
02/05 Rpt prt - to Educ
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 545
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO SCHOOL DISTRICT TRUSTEES AND CONTRACTS OF PROFESSIONAL PERSONNEL;
3 AMENDING SECTION 33-513, IDAHO CODE, TO ESTABLISH A MINIMUM NUMBER OF CON-
4 TRACT DAYS FOR INSTRUCTIONAL PERSONNEL IN THEIR FIRST YEAR WITH A SCHOOL
5 DISTRICT, TO SPECIFY A REQUIRED MINIMUM NUMBER OF THOSE CONTRACT DAYS FOR
6 TEACHER ORIENTATION AND TRAINING AND TO LIMIT THE MAXIMUM NUMBER OF CON-
7 TRACT DAYS FOR PAID HOLIDAYS, TO ESTABLISH A MINIMUM NUMBER OF CONTRACT
8 DAYS FOR INSTRUCTIONAL PERSONNEL IN THE SECOND AND SUBSEQUENT YEARS WITH
9 THE SCHOOL DISTRICT, TO SPECIFY A REQUIRED MINIMUM NUMBER OF THOSE CON-
10 TRACT DAYS FOR TEACHER ORIENTATION AND TRAINING AND TO LIMIT THE MAXIMUM
11 NUMBER OF CONTRACT DAYS FOR PAID HOLIDAYS, AND TO PROVIDE A DEFINITION OF
12 EDUCATIONAL SERVICE DAYS.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 33-513, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 33-513. PROFESSIONAL PERSONNEL. The board of trustees of each school dis-
17 trict including any specially chartered district, shall have the following
18 powers and duties:
19 1. To employ professional personnel, on written contract in form approved
20 by the state superintendent of public instruction, conditioned upon a valid
21 certificate being held by such professional personnel at the time of entering
22 upon the duties thereunder.
23 (a) Contracts for full-time instructional personnel in the person's first
24 year with a school district, shall not be for less than one hundred nine-
25 ty-two (192) contract days beginning in the 2002-2003 school year. Of the
26 specified number of contract days, not less than seven (7) days shall be
27 devoted to teacher orientation and training; not more than five (5) days
28 shall be used for paid holidays; and all remaining days shall be used as
29 educational service days.
30 (b) Contracts for full-time instructional personnel in the person's sec-
31 ond and subsequent years with a school district, shall not be for less
32 than one hundred ninety (190) contract days beginning in the 2002-2003
33 school year. Of the specified number of contract days, not less than five
34 (5) days shall be devoted to teacher orientation and training; not more
35 than five (5) days shall be used for paid holidays; and all remaining days
36 shall be used as educational service days.
37 (c) "Educational service days" are defined as days of instruction, days
38 working with students, days in parent-teacher conferences or as allowed in
39 section 33-512, Idaho Code.
40 Should the board of trustees fail to enter into written contract for the
41 employment of any such person, the state superintendent of public instruction
42 shall withhold ensuing apportionments until such written contract be entered
43 into. When the board of trustees has delivered a proposed contract for the
2
1 next ensuing year to any such person, such person shall have a period of time
2 to be determined by the board of trustees in its discretion, but in no event
3 less than ten (10) days from the date the contract is delivered, in which to
4 sign the contract and return it to the board. Delivery of a contract may be
5 made only in person or by certified mail, return receipt requested. When
6 delivery is made in person, delivery of the contract must be acknowledged by a
7 signed receipt. When delivery is made by certified mail, delivery must be
8 acknowledged by the return of the certified mail receipt from the person to
9 whom the contract was sent. Should the person willfully refuse to acknowledge
10 receipt of the contract or the contract is not signed and returned to the
11 board in the designated period of time, the board may declare the position
12 vacant.
13 The board of trustees shall withhold the salary of any teacher who does
14 not hold a teaching certificate valid in this state. It shall not contract to
15 require any teacher to make up time spent in attending any meeting called by
16 the state board of education or by the state superintendent of public instruc-
17 tion; nor while attending regularly scheduled official meetings of the state
18 teachers' association.
19 2. In the case of school districts other than elementary school dis-
20 tricts, to employ a superintendent of schools for a term not to exceed three
21 (3) years, who shall be the executive officer of the board of trustees with
22 such powers and duties as the board may prescribe. The superintendent shall
23 also act as the authorized representative of the district whenever such is
24 required, unless some other person shall be named by the board of trustees to
25 act as its authorized representative. The board of trustees shall conduct an
26 annual, written formal evaluation of the work of the superintendent of the
27 district. The evaluation shall indicate the strengths and weaknesses of the
28 superintendent's job performance in the year immediately preceding the evalua-
29 tion and areas where improvement in the superintendent's job performance, in
30 the view of the board of trustees, is called for.
31 3. To employ through written contract principals who shall hold a valid
32 certificate appropriate to the position for which they are employed, who shall
33 supervise the operation and management of the school in accordance with the
34 policies established by the board of trustees and who shall be under the
35 supervision of the superintendent.
36 4. To employ assistant superintendents and principals for a term not to
37 exceed two (2) years. Service performed under such contract shall be included
38 in meeting the provisions of section 33-515, Idaho Code, as a teacher and per-
39 sons eligible for a renewable contract as a teacher shall retain such eligi-
40 bility.
41 5. To suspend, grant leave of absence, place on probation or discharge
42 certificated professional personnel for a material violation of any lawful
43 rules or regulations of the board of trustees or of the state board of educa-
44 tion, or for any conduct which could constitute grounds for revocation of a
45 teaching certificate. Any certificated professional employee, except the
46 superintendent, may be discharged during a contract term under the following
47 procedures:
48 (a) The superintendent or any other duly authorized administrative offi-
49 cer of the school district may recommend the discharge of any certificated
50 employee by filing with the board of trustees written notice specifying
51 the alleged reasons for discharge.
52 (b) Upon receipt of such notice the board acting through their duly
53 authorized administrative official, shall give the affected employee writ-
54 ten notice of the allegations and the recommendation of discharge, along
55 with written notice of a hearing before the board prior to any determina-
3
1 tion by the board of the truth of the allegations.
2 (c) The hearing shall be scheduled to take place not less than six (6)
3 days nor more than twenty-one (21) days after receipt of the notice by the
4 employee. The date provided for the hearing may be changed by mutual con-
5 sent.
6 (d) The hearing shall be public unless the employee requests in writing
7 that it be in executive session.
8 (e) All testimony at the hearing shall be given under oath or affirma-
9 tion. Any member of the board, or the clerk of the board, may administer
10 oaths to witnesses or affirmations by witnesses.
11 (f) The employee may be represented by legal counsel and/or by a repre-
12 sentative of a local or state teachers association.
13 (g) The chairman of the board or the designee of the chairman shall con-
14 duct the hearing.
15 (h) The board shall cause an electronic record of the hearing to be made
16 or shall employ a competent reporter to take stenographic or stenotype
17 notes of all the testimony at the hearing. A transcript of the hearing
18 shall be provided at cost by the board upon request of the employee.
19 (i) At the hearing the superintendent or other duly authorized adminis-
20 trative officer shall present evidence to substantiate the allegations
21 contained in such notice.
22 (j) The employee may produce evidence to refute the allegations. Any wit-
23 ness presented by the superintendent or by the employee shall be subject
24 to cross-examination. The board may also examine witnesses and be repre-
25 sented by counsel.
26 (k) The affected employee may file written briefs and arguments with the
27 board within three (3) days after the close of the hearing or such other
28 time as may be agreed upon by the affected employee and the board.
29 (l) Within fifteen (15) days following the close of the hearing, the
30 board shall determine and, acting through their duly authorized adminis-
31 trative official, shall notify the employee in writing whether the evi-
32 dence presented at the hearing established the truth of the allegations
33 and whether the employee is to be retained, immediately discharged, or
34 discharged upon termination of the current contract.
STATEMENT OF PURPOSE
RS 11784
The purpose of this legislation is to establish a minimum number
of contract days for professional education employees in the
State of Idaho. Currently, the number of contract days varies
greatly from district to district, from a high of 192 days to a
low of 184 days, yet the pay for teachers working a shorter
contract may be just as high as for those working a longer
contract. Districts with shorter contracts tend to have few or no
days for teacher training. With the implementation of standards,
teacher training has become very important. Districts are saying
they need training days for employees and more money to pay for
the extra days worked. Therefore, there should be a standard
number of days worked in all districts and a minimum number of
days dedicated to teacher training. This legislation proposes two
additional contract days for new teachers. New teachers are being
paid at least $1,000 above the base salary for teachers.
Therefore, working two additional days is justified.
FISCAL IMPACT
Establishing a minimum number of days that all professional
employees shall work will not have any impact on any budget.
Contact
Name: Dr. Bob Haley, State Department of Education
Phone: 208-332-6810
STATEMENT OF PURPOSE/FISCAL NOTE H 545