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H0636aa........................................................by EDUCATION
TEACHERS - Amends existing law relating to renewable contracts of
certificated school personnel to provide that any contract automatically
renewed shall not entitle the certificated person to the same salary or
same contract term; to provide that increments may be added to the salary;
to provide that a board of trustees may decrease a salary or reduce the
contract term; to provide that if a board of trustees reduces the length of
the contract term or reduces the salary of a certificated person, the board
shall give written notice to the employee stating reasons; to provide that
a reduction in salary of a certificated person on a renewable contract
shall not require the board of trustees to place the person on probation,
nor shall the board of trustees be required to conduct a hearing on the
action; and to provide a sunset date.
02/12 House intro - 1st rdg - to printing
02/13 Rpt prt - to Educ
02/26 Rpt out - to Gen Ord
02/28 Rpt out amen - to engros
03/01 Rpt engros - 1st rdg - to 2nd rdg as amen
03/04 2nd rdg - to 3rd rdg as amen
Ret'd to Educ
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 636
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO RENEWABLE CONTRACTS OF CERTIFICATED SCHOOL DISTRICT PERSONNEL;
3 AMENDING SECTION 33-515, IDAHO CODE, TO PROVIDE THAT CONTRACTS AUTOMATI-
4 CALLY RENEWED SHALL BE NEGOTIABLE AS TO LENGTH OF TERM AND SALARY; AND
5 DECLARING AN EMERGENCY.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 33-515, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 33-515. ISSUANCE OF RENEWABLE CONTRACTS. During the third full year of
10 continuous employment by the same school district, including any specially
11 chartered district, each certificated employee named in subsection 16. of sec-
12 tion 33-1001, Idaho Code, and each school nurse and school librarian shall be
13 evaluated for a renewable contract and shall, upon having been offered a con-
14 tract for the next ensuing year, having given notice of acceptance of renewal
15 and upon signing a contract for a fourth full year, be placed on a renewable
16 contract status with said school district subject to the provisions included
17 in this chapter.
18 After the third full year of employment and at least once annually, the
19 performance of each such certificated employee, school nurse, or school
20 librarian shall be evaluated according to criteria and procedures established
21 by the board of trustees in accordance with general guidelines approved by the
22 state board of education. Except as otherwise provided, that person shall have
23 the right to automatic renewal of contract by giving notice, in writing, of
24 acceptance of renewal. Such notice shall be given to the board of trustees of
25 the school district then employing such person not later than the first day of
26 June preceding the expiration of the term of the current contract. Except as
27 otherwise provided by this paragraph, the board of trustees shall notify each
28 person entitled to be employed on a renewable contract of the requirement that
29 such person must give the notice hereinabove and that failure to do so may be
30 interpreted by the board as a declination of the right to automatic renewal or
31 the offer of another contract. Such notification shall be made, in writing,
32 not later than the fifteenth day of May, in each year, except to those persons
33 to whom the board, prior to said date, has sent proposed contracts for the
34 next ensuing year, or to whom the board has given the notice required by this
35 section.
36 Any contract automatically renewed under the provisions of this section
37 shall be for the same negotiable as to length as of the term stated in the
38 current contract and at a to the salary no lower than that specified therein.,
39 to which shall be added such iIncrements may be added to the salary as may be
40 determined by the statutory or regulatory rights of such employee by reason of
41 training, service, or performance.
42 Nothing herein shall prevent the board of trustees from offering a renewed
43 contract increasing the salary of any certificated person, or from reassigning
2
1 an administrative employee to a nonadministrative position with appropriate
2 reduction of salary from the preexisting salary level. In the event the board
3 of trustees reassigns an administrative employee to a nonadministrative posi-
4 tion, the board shall give written notice to the employee which contains a
5 statement of the reasons for the reassignment. The employee, upon written
6 request to the board, shall be entitled to an informal review of that deci-
7 sion. The process and procedure for the informal review shall be determined by
8 the local board of trustees.
9 Before a board of trustees can determine not to renew for reasons of an
10 unsatisfactory report of the performance of any certificated person whose
11 contract would otherwise be automatically renewed, or to renew the contract of
12 any such person at a reduced salary, such person shall be entitled to a rea-
13 sonable period of probation. This period of probation shall be preceded by a
14 written notice from the board of trustees with reasons for such probationary
15 period and with provisions for adequate supervision and evaluation of the
16 person's performance during the probationary period. Such period of probation
17 shall not affect the person's renewable contract status. Consideration of pro-
18 bationary status for certificated personnel is consideration of the status of
19 an employee within the meaning of section 67-2345, Idaho Code, and may be held
20 in executive session. If the consideration results in probationary status, the
21 individual on probation shall not be named in the minutes of the meeting. A
22 record of the decision shall be placed in the teacher's personnel file.
23 If the board of trustees takes action to immediately discharge or dis-
24 charge upon termination of the current contract a certificated person whose
25 contract would otherwise be automatically renewed, or to renew the contract of
26 any such person at a reduced salary, the action of the board shall be consis-
27 tent with the procedures specified in section 33-513(5), Idaho Code, and fur-
28 thermore, the board shall notify the employee in writing whether there is just
29 and reasonable cause not to renew the contract or to reduce the salary of the
30 affected employee, and if so, what reasons it relied upon in that determina-
31 tion.
32 If the board of trustees, for reasons other than unsatisfactory service,
33 for the ensuing contract year, determines to change the length of the term
34 stated in the current contract, reduce the salary or not renew the contract of
35 a certificated person whose contract would otherwise be automatically renewed,
36 nothing herein shall require a probationary period.
37 SECTION 2. An emergency existing therefor, which emergency is hereby
38 declared to exist, this act shall be in full force and effect on and after its
39 passage and approval.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Roberts
Seconded by Black
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 636
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, delete lines 36 through 43 and on page 2,
3 delete lines 1 through 31 and insert:
4 "Any contract automatically renewed under the provisions of this section
5 shall be for the not entitle any certificated person to the same length as the
6 salary or same contract term. stated in the current contract and at a salary
7 no lower than that specified therein, to which shall be added such iIncrements
8 may be added to the salary as may be determined by the statutory or regulatory
9 rights of such employee by reason of training, service, or performance.
10 Nothing herein shall prevent the board of trustees from offering a renewed
11 contract increasing decreasing the current salary of any certificated person,
12 reducing the contract term or from reassigning an administrative employee to a
13 nonadministrative position with appropriate reduction of salary from the pre-
14 existing salary level. In the event the board of trustees reassigns an admin-
15 istrative employee to a nonadministrative position, reduces the length of the
16 contract term or reduces the salary of a certificated person, the board shall
17 give written notice to the employee which contains a statement of the reasons
18 for the reassignment, reduction in length of contract term or reduction in
19 salary. The employee, upon written request to the board, shall be entitled to
20 an informal review of that decision. The process and procedure for the infor-
21 mal review shall be determined by the local board of trustees.
22 Before a board of trustees can determine not to renew for reasons of an
23 unsatisfactory report of the performance of any certificated person whose con-
24 tract would otherwise be automatically renewed, or to renew the contract of
25 any such person at a reduced salary, such person shall be entitled to a rea-
26 sonable period of probation. This period of probation shall be preceded by a
27 written notice from the board of trustees with reasons for such probationary
28 period and with provisions for adequate supervision and evaluation of the
29 person's performance during the probationary period. Such period of probation
30 shall not affect the person's renewable contract status. Consideration of pro-
31 bationary status for certificated personnel is consideration of the status of
32 an employee within the meaning of section 67-2345, Idaho Code, and may be held
33 in executive session. If the consideration results in probationary status, the
34 individual on probation shall not be named in the minutes of the meeting. A
35 record of the decision shall be placed in the teacher's personnel file.
36 If the board of trustees takes action to immediately discharge or dis-
37 charge upon termination of the current contract a certificated person whose
38 contract would otherwise be automatically renewed, or to renew the contract of
39 any such person at a reduced salary, the action of the board shall be consis-
40 tent with the procedures specified in section 33-513(5), Idaho Code, and fur-
41 thermore, the board shall notify the employee in writing whether there is just
42 and reasonable cause not to renew the contract or to reduce the salary of the
43 affected employee, and if so, what reasons it relied upon in that determina-
44 tion.".
2
1
2 CORRECTION TO TITLE
3 On page 1, in line 3, following "THAT" delete the remainder of the line,
4 delete line 4, and insert: "ANY CONTRACT AUTOMATICALLY RENEWED SHALL NOT ENTI-
5 TLE THE CERTIFICATED PERSON TO THE SAME SALARY OR SAME CONTRACT TERM, TO PRO-
6 VIDE THAT INCREMENTS MAY BE ADDED TO THE SALARY, TO PROVIDE THAT A BOARD OF
7 TRUSTEES MAY DECREASE A SALARY OR REDUCE THE CONTRACT TERM, TO PROVIDE THAT IF
8 A BOARD OF TRUSTEES REDUCES THE LENGTH OF THE CONTRACT TERM OR REDUCES THE
9 SALARY OF A CERTIFICATED PERSON, THE BOARD SHALL GIVE WRITTEN NOTICE TO THE
10 EMPLOYEE STATING REASONS FOR THE REDUCTION IN LENGTH OF CONTRACT TERM OR
11 REDUCTION IN SALARY, AND TO PROVIDE THAT A REDUCTION IN SALARY OF A CERTIFI-
12 CATED PERSON ON A RENEWABLE CONTRACT SHALL NOT REQUIRE THE BOARD OF TRUSTEES
13 TO PLACE THE PERSON ON PROBATION PRIOR TO THE REDUCTION, NOR SHALL THE BOARD
14 OF TRUSTEES BE REQUIRED TO CONDUCT A HEARING ON THE ACTION; AND".
Moved by Black
Seconded by Montgomery
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO H.B. NO. 636
15 AMENDMENT TO SECTION 2
16 On page 2 of the printed bill, in line 38, following "exist," insert:
17 "Section 1 of".
18 AMENDMENTS TO BILL
19 On page 2, following line 36, insert:
20 "SECTION 2. That Section 33-515, Idaho Code, be, and the same is hereby
21 repealed.
22 SECTION 3. That Chapter 5, Title 33, Idaho Code, be, and the same is
23 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
24 ignated as Section 33-515, Idaho Code, and to read as follows:
25 33-515. ISSUANCE OF RENEWABLE CONTRACTS. During the third full year of
26 continuous employment by the same school district, including any specially
27 chartered district, each certificated employee named in subsection 16. of sec-
28 tion 33-1001, Idaho Code, and each school nurse and school librarian shall be
29 evaluated for a renewable contract and shall, upon having been offered a con-
30 tract for the next ensuing year, having given notice of acceptance of renewal
31 and upon signing a contract for a fourth full year, be placed on a renewable
32 contract status with said school district subject to the provisions included
33 in this chapter.
34 After the third full year of employment and at least once annually, the
35 performance of each such certificated employee, school nurse, or school
36 librarian shall be evaluated according to criteria and procedures established
37 by the board of trustees in accordance with general guidelines approved by the
38 state board of education. Except as otherwise provided, that person shall have
39 the right to automatic renewal of contract by giving notice, in writing, of
40 acceptance of renewal. Such notice shall be given to the board of trustees of
41 the school district then employing such person not later than the first day of
42 June preceding the expiration of the term of the current contract. Except as
43 otherwise provided by this paragraph, the board of trustees shall notify each
3
1 person entitled to be employed on a renewable contract of the requirement that
2 such person must give the notice hereinabove and that failure to do so may be
3 interpreted by the board as a declination of the right to automatic renewal or
4 the offer of another contract. Such notification shall be made, in writing,
5 not later than the fifteenth day of May, in each year, except to those persons
6 to whom the board, prior to said date, has sent proposed contracts for the
7 next ensuing year, or to whom the board has given the notice required by this
8 section.
9 Any contract automatically renewed under the provisions of this section
10 shall be for the same length as the term stated in the current contract and at
11 a salary no lower than that specified therein, to which shall be added such
12 increments as may be determined by the statutory or regulatory rights of such
13 employee by reason of training, service, or performance.
14 Nothing herein shall prevent the board of trustees from offering a renewed
15 contract increasing the salary of any certificated person, or from reassigning
16 an administrative employee to a nonadministrative position with appropriate
17 reduction of salary from the preexisting salary level. In the event the board
18 of trustees reassigns an administrative employee to a nonadministrative posi-
19 tion, the board shall give written notice to the employee which contains a
20 statement of the reasons for the reassignment. The employee, upon written
21 request to the board, shall be entitled to an informal review of that deci-
22 sion. The process and procedure for the informal review shall be determined by
23 the local board of trustees.
24 Before a board of trustees can determine not to renew for reasons of an
25 unsatisfactory report of the performance of any certificated person whose con-
26 tract would otherwise be automatically renewed, or to renew the contract of
27 any such person at a reduced salary, such person shall be entitled to a rea-
28 sonable period of probation. This period of probation shall be preceded by a
29 written notice from the board of trustees with reasons for such probationary
30 period and with provisions for adequate supervision and evaluation of the
31 person's performance during the probationary period. Such period of probation
32 shall not affect the person's renewable contract status. Consideration of pro-
33 bationary status for certificated personnel is consideration of the status of
34 an employee within the meaning of section 67-2345, Idaho Code, and may be held
35 in executive session. If the consideration results in probationary status, the
36 individual on probation shall not be named in the minutes of the meeting. A
37 record of the decision shall be placed in the teacher's personnel file.
38 If the board of trustees takes action to immediately discharge or dis-
39 charge upon termination of the current contract a certificated person whose
40 contract would otherwise be automatically renewed, or to renew the contract of
41 any such person at a reduced salary, the action of the board shall be consis-
42 tent with the procedures specified in section 33-513(5), Idaho Code, and fur-
43 thermore, the board shall notify the employee in writing whether there is just
44 and reasonable cause not to renew the contract or to reduce the salary of the
45 affected employee, and if so, what reasons it relied upon in that determina-
46 tion.
47 If the board of trustees, for reasons other than unsatisfactory service,
48 for the ensuing contract year, determines to change the length of the term
49 stated in the current contract, reduce the salary or not renew the contract of
50 a certificated person whose contract would otherwise be automatically renewed,
51 nothing herein shall require a probationary period.";
52 in line 37, delete "SECTION 2" and insert: "SECTION 4"; and following line 39,
53 insert:
54 "SECTION 5. The provisions of Sections 2 and 3 of this act shall be in
55 full force and effect on and after July 1, 2004.".
4
1 CORRECTIONS TO TITLE
2 On page 1, in line 4, delete "AND" and insert: "REPEALING SECTION 33-515,
3 IDAHO CODE; AMENDING CHAPTER 5, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW
4 SECTION 33-515, IDAHO CODE, TO PROVIDE FOR ISSUANCE OF RENEWABLE CONTRACTS;";
5 and in line 5, following "EMERGENCY" insert: "FOR SECTION 1 OF THIS ACT; AND
6 PROVIDING AN EFFECTIVE DATE FOR SECTIONS 2 AND 3 OF THIS ACT".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 636, As Amended
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO RENEWABLE CONTRACTS OF CERTIFICATED SCHOOL DISTRICT PERSONNEL;
3 AMENDING SECTION 33-515, IDAHO CODE, TO PROVIDE THAT ANY CONTRACT AUTOMAT-
4 ICALLY RENEWED SHALL NOT ENTITLE THE CERTIFICATED PERSON TO THE SAME SAL-
5 ARY OR SAME CONTRACT TERM, TO PROVIDE THAT INCREMENTS MAY BE ADDED TO THE
6 SALARY, TO PROVIDE THAT A BOARD OF TRUSTEES MAY DECREASE A SALARY OR
7 REDUCE THE CONTRACT TERM, TO PROVIDE THAT IF A BOARD OF TRUSTEES REDUCES
8 THE LENGTH OF THE CONTRACT TERM OR REDUCES THE SALARY OF A CERTIFICATED
9 PERSON, THE BOARD SHALL GIVE WRITTEN NOTICE TO THE EMPLOYEE STATING REA-
10 SONS FOR THE REDUCTION IN LENGTH OF CONTRACT TERM OR REDUCTION IN SALARY,
11 AND TO PROVIDE THAT A REDUCTION IN SALARY OF A CERTIFICATED PERSON ON A
12 RENEWABLE CONTRACT SHALL NOT REQUIRE THE BOARD OF TRUSTEES TO PLACE THE
13 PERSON ON PROBATION PRIOR TO THE REDUCTION, NOR SHALL THE BOARD OF
14 TRUSTEES BE REQUIRED TO CONDUCT A HEARING ON THE ACTION; REPEALING SECTION
15 33-515, IDAHO CODE; AMENDING CHAPTER 5, TITLE 33, IDAHO CODE, BY THE ADDI-
16 TION OF A NEW SECTION 33-515, IDAHO CODE, TO PROVIDE FOR ISSUANCE OF
17 RENEWABLE CONTRACTS; DECLARING AN EMERGENCY FOR SECTION 1 OF THIS ACT; AND
18 PROVIDING AN EFFECTIVE DATE FOR SECTIONS 2 AND 3 OF THIS ACT.
19 Be It Enacted by the Legislature of the State of Idaho:
20 SECTION 1. That Section 33-515, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 33-515. ISSUANCE OF RENEWABLE CONTRACTS. During the third full year of
23 continuous employment by the same school district, including any specially
24 chartered district, each certificated employee named in subsection 16. of sec-
25 tion 33-1001, Idaho Code, and each school nurse and school librarian shall be
26 evaluated for a renewable contract and shall, upon having been offered a con-
27 tract for the next ensuing year, having given notice of acceptance of renewal
28 and upon signing a contract for a fourth full year, be placed on a renewable
29 contract status with said school district subject to the provisions included
30 in this chapter.
31 After the third full year of employment and at least once annually, the
32 performance of each such certificated employee, school nurse, or school
33 librarian shall be evaluated according to criteria and procedures established
34 by the board of trustees in accordance with general guidelines approved by the
35 state board of education. Except as otherwise provided, that person shall have
36 the right to automatic renewal of contract by giving notice, in writing, of
37 acceptance of renewal. Such notice shall be given to the board of trustees of
38 the school district then employing such person not later than the first day of
39 June preceding the expiration of the term of the current contract. Except as
40 otherwise provided by this paragraph, the board of trustees shall notify each
41 person entitled to be employed on a renewable contract of the requirement that
42 such person must give the notice hereinabove and that failure to do so may be
43 interpreted by the board as a declination of the right to automatic renewal or
2
1 the offer of another contract. Such notification shall be made, in writing,
2 not later than the fifteenth day of May, in each year, except to those persons
3 to whom the board, prior to said date, has sent proposed contracts for the
4 next ensuing year, or to whom the board has given the notice required by this
5 section.
6 Any contract automatically renewed under the provisions of this section
7 shall be for the not entitle any certificated person to the same length as the
8 salary or same contract term. stated in the current contract and at a salary
9 no lower than that specified therein, to which shall be added such iIncrements
10 may be added to the salary as may be determined by the statutory or regulatory
11 rights of such employee by reason of training, service, or performance.
12 Nothing herein shall prevent the board of trustees from offering a renewed
13 contract increasing decreasing the current salary of any certificated person,
14 reducing the contract term or from reassigning an administrative employee to a
15 nonadministrative position with appropriate reduction of salary from the pre-
16 existing salary level. In the event the board of trustees reassigns an admin-
17 istrative employee to a nonadministrative position, reduces the length of the
18 contract term or reduces the salary of a certificated person, the board shall
19 give written notice to the employee which contains a statement of the reasons
20 for the reassignment, reduction in length of contract term or reduction in
21 salary. The employee, upon written request to the board, shall be entitled to
22 an informal review of that decision. The process and procedure for the infor-
23 mal review shall be determined by the local board of trustees.
24 Before a board of trustees can determine not to renew for reasons of an
25 unsatisfactory report of the performance of any certificated person whose con-
26 tract would otherwise be automatically renewed, or to renew the contract of
27 any such person at a reduced salary, such person shall be entitled to a rea-
28 sonable period of probation. This period of probation shall be preceded by a
29 written notice from the board of trustees with reasons for such probationary
30 period and with provisions for adequate supervision and evaluation of the
31 person's performance during the probationary period. Such period of probation
32 shall not affect the person's renewable contract status. Consideration of pro-
33 bationary status for certificated personnel is consideration of the status of
34 an employee within the meaning of section 67-2345, Idaho Code, and may be held
35 in executive session. If the consideration results in probationary status, the
36 individual on probation shall not be named in the minutes of the meeting. A
37 record of the decision shall be placed in the teacher's personnel file.
38 If the board of trustees takes action to immediately discharge or dis-
39 charge upon termination of the current contract a certificated person whose
40 contract would otherwise be automatically renewed, or to renew the contract of
41 any such person at a reduced salary, the action of the board shall be consis-
42 tent with the procedures specified in section 33-513(5), Idaho Code, and fur-
43 thermore, the board shall notify the employee in writing whether there is just
44 and reasonable cause not to renew the contract or to reduce the salary of the
45 affected employee, and if so, what reasons it relied upon in that determina-
46 tion.
47 If the board of trustees, for reasons other than unsatisfactory service,
48 for the ensuing contract year, determines to change the length of the term
49 stated in the current contract, reduce the salary or not renew the contract of
50 a certificated person whose contract would otherwise be automatically renewed,
51 nothing herein shall require a probationary period.
52 SECTION 2. That Section 33-515, Idaho Code, be, and the same is hereby
53 repealed.
3
1 SECTION 3. That Chapter 5, Title 33, Idaho Code, be, and the same is
2 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
3 ignated as Section 33-515, Idaho Code, and to read as follows:
4 33-515. ISSUANCE OF RENEWABLE CONTRACTS. During the third full year of
5 continuous employment by the same school district, including any specially
6 chartered district, each certificated employee named in subsection 16. of sec-
7 tion 33-1001, Idaho Code, and each school nurse and school librarian shall be
8 evaluated for a renewable contract and shall, upon having been offered a con-
9 tract for the next ensuing year, having given notice of acceptance of renewal
10 and upon signing a contract for a fourth full year, be placed on a renewable
11 contract status with said school district subject to the provisions included
12 in this chapter.
13 After the third full year of employment and at least once annually, the
14 performance of each such certificated employee, school nurse, or school
15 librarian shall be evaluated according to criteria and procedures established
16 by the board of trustees in accordance with general guidelines approved by the
17 state board of education. Except as otherwise provided, that person shall have
18 the right to automatic renewal of contract by giving notice, in writing, of
19 acceptance of renewal. Such notice shall be given to the board of trustees of
20 the school district then employing such person not later than the first day of
21 June preceding the expiration of the term of the current contract. Except as
22 otherwise provided by this paragraph, the board of trustees shall notify each
23 person entitled to be employed on a renewable contract of the requirement that
24 such person must give the notice hereinabove and that failure to do so may be
25 interpreted by the board as a declination of the right to automatic renewal or
26 the offer of another contract. Such notification shall be made, in writing,
27 not later than the fifteenth day of May, in each year, except to those persons
28 to whom the board, prior to said date, has sent proposed contracts for the
29 next ensuing year, or to whom the board has given the notice required by this
30 section.
31 Any contract automatically renewed under the provisions of this section
32 shall be for the same length as the term stated in the current contract and at
33 a salary no lower than that specified therein, to which shall be added such
34 increments as may be determined by the statutory or regulatory rights of such
35 employee by reason of training, service, or performance.
36 Nothing herein shall prevent the board of trustees from offering a renewed
37 contract increasing the salary of any certificated person, or from reassigning
38 an administrative employee to a nonadministrative position with appropriate
39 reduction of salary from the preexisting salary level. In the event the board
40 of trustees reassigns an administrative employee to a nonadministrative posi-
41 tion, the board shall give written notice to the employee which contains a
42 statement of the reasons for the reassignment. The employee, upon written
43 request to the board, shall be entitled to an informal review of that deci-
44 sion. The process and procedure for the informal review shall be determined by
45 the local board of trustees.
46 Before a board of trustees can determine not to renew for reasons of an
47 unsatisfactory report of the performance of any certificated person whose con-
48 tract would otherwise be automatically renewed, or to renew the contract of
49 any such person at a reduced salary, such person shall be entitled to a rea-
50 sonable period of probation. This period of probation shall be preceded by a
51 written notice from the board of trustees with reasons for such probationary
52 period and with provisions for adequate supervision and evaluation of the
53 person's performance during the probationary period. Such period of probation
54 shall not affect the person's renewable contract status. Consideration of pro-
4
1 bationary status for certificated personnel is consideration of the status of
2 an employee within the meaning of section 67-2345, Idaho Code, and may be held
3 in executive session. If the consideration results in probationary status, the
4 individual on probation shall not be named in the minutes of the meeting. A
5 record of the decision shall be placed in the teacher's personnel file.
6 If the board of trustees takes action to immediately discharge or dis-
7 charge upon termination of the current contract a certificated person whose
8 contract would otherwise be automatically renewed, or to renew the contract of
9 any such person at a reduced salary, the action of the board shall be consis-
10 tent with the procedures specified in section 33-513(5), Idaho Code, and fur-
11 thermore, the board shall notify the employee in writing whether there is just
12 and reasonable cause not to renew the contract or to reduce the salary of the
13 affected employee, and if so, what reasons it relied upon in that determina-
14 tion.
15 If the board of trustees, for reasons other than unsatisfactory service,
16 for the ensuing contract year, determines to change the length of the term
17 stated in the current contract, reduce the salary or not renew the contract of
18 a certificated person whose contract would otherwise be automatically renewed,
19 nothing herein shall require a probationary period.
20 SECTION 4. An emergency existing therefor, which emergency is hereby
21 declared to exist, Section 1 of this act shall be in full force and effect on
22 and after its passage and approval.
23 SECTION 5. The provisions of Sections 2 and 3 of this act shall be in
24 full force and effect on and after July 1, 2004.
REPRINT REPRINT REPRINT REPRINT
STATEMENT OF PURPOSE
RS 12024A2
The purpose of this amendment is to add a two-year sunset clause to
this legislation by deleting "SECTION 2" and inserting:
"SECTION 4"; and following line 39, insert:
"SECTION 5. The provisions of Sections 2 and 3 of this act
shall be in full force and effect on and after July 1, 2004.".
FISCAL IMPACT
This Legislation has no impact to the General Fund.
Contact
Name: Rep. Roberts, Lake
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. 636