2002 Legislation
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SENATE BILL NO. 1343 – Teachers/first 3 years/contract


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Daily Data Tracking History

S1343..........................................................by EDUCATION
TEACHERS - Amends existing law to provide that certificated employees of a
school district in their first three years of employment in education may
be employed on a special contract status as specified; and to provide the
terms of the special contract status.
01/31    Senate intro - 1st rdg - to printing
02/01    Rpt prt - to Educ

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                       IN THE SENATE
                                    SENATE BILL NO. 1343
                                   BY EDUCATION COMMITTEE
  1                                        AN ACT
  6        TRACT STATUS.
  7    Be It Enacted by the Legislature of the State of Idaho:
  8        SECTION 1.  That Section 33-514, Idaho Code, be, and the  same  is  hereby
  9    amended to read as follows:
 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.
 15        (2)  Each school district shall have a support  program  for  certificated
 16    employees  who  are experiencing their first three (3) years with the district
 17    in education, under a category 1, or 2 or 3 contract, providing support in the
 18    areas of: administrative and supervisory support, mentoring,  peer  assistance
 19    and  professional  development.  In developing support programs, nothing shall
 20    prevent districts from joining together to formulate a joint program  applica-
 21    ble  to  each member district. Programs shall be submitted for approval to the
 22    state department of education in accordance with procedures established by the
 23    department. The  state  department  of  education  is  hereby  authorized  and
 24    directed to:
 25        (a)  Formulate  basic  guidelines which districts shall use as a model for
 26        developing district programs;
 27        (b)  Approve school district support programs; and
 28        (c)  Establish procedures for districts to submit programs  for  approval,
 29        to  provide  for  periodic  review of previously approved programs, and to
 30        allow districts to amend previously approved programs.
 31        (3)  There shall be three two (32) categories of annual  contracts  avail-
 32    able to local school districts under which to employ certificated personnel:
 33        (a)  A  category  1 contract is a limited one-year contract as provided in
 34        section 33-514A, Idaho Code.
 35        (b)  A category 2 contract is for certificated personnel in the first, and
 36        second and third years of continuous employment with the same school  dis-
 37        trict.  While  employed under a category 2 contract, the employee shall be
 38        provided the services of the district support program referenced  in  sub-
 39        section (2) of this section. Upon the decision by a local school board not
 40        to  reemploy  the person for the following year, the certificated employee
 41        shall be provided a written statement of reasons for  non-reemployment  by
 42        no later than May 25. No property rights shall attach to a category 2 con-
 43        tract  and therefore the employee shall not be entitled to a review by the
  1        local board of the reasons or decision not to reemploy.
  2        (c)  A category 3 contract is for certificated personnel during the  third
  3        year of continuous employment by the same school district. District proce-
  4        dures shall require at  least one (1) evaluation prior to the beginning of
  5        the second semester of the school year and the results of any such evalua-
  6        tion  shall  be  made a matter of record in the employee's personnel file.
  7        When any such employee's work is found  to  be  unsatisfactory  a  defined
  8        period  of  probation  shall  be  established by the board, but in no case
  9        shall a probationary period be less than eight (8) weeks. After the proba-
 10        tionary period, action shall be taken by  the  board  as  to  whether  the
 11        employee is to be retained, immediately discharged, discharged upon termi-
 12        nation  of  the  current contract or reemployed at the end of the contract
 13        term under a continued probationary status. Notwithstanding the provisions
 14        of sections 67-2344 and 67-2345, Idaho Code, a decision to place  certifi-
 15        cated  personnel  on  probationary status may be made in executive session
 16        and the  employee shall not be named in the  minutes  of  the  meeting.  A
 17        record  of  the decision shall be placed in the employee's personnel file.
 18        This procedure shall not preclude recognition of unsatisfactory work at  a
 19        subsequent evaluation and the establishment of a reasonable period of pro-
 20        bation.  In  all instances, the employee shall be duly notified in writing
 21        of the areas of work which are deficient, including the conditions of pro-
 22        bation. Each such certificated employee on a category 3 contract shall  be
 23        given  notice,  in  writing,  whether he or she will be reemployed for the
 24        next ensuing year. Such notice shall be given by the board of trustees  no
 25        later  than the twenty-fifth day of May of each such year. If the board of
 26        trustees has decided not to reemploy the certificated employee,  then  the
 27        notice  must  contain  a  statement  of  reasons for such decision and the
 28        employee shall, upon request, be given the  opportunity  for  an  informal
 29        review  of  such  decision  by the board of trustees. The parameters of an
 30        informal review shall be determined by the local board.
 31        (4)  School districts hiring an employee who has been  on  renewable  con-
 32    tract  status with another Idaho district or has out-of-state experience which
 33    would otherwise qualify the certificated employee for renewable contract  sta-
 34    tus  in  Idaho,  shall have the option to immediately grant renewable contract
 35    status, or to place the employee on a category 3 annual contract. Such employ-
 36    ment on a category 3 contract under the provisions of this subsection  may  be
 37    for one (1), two (2) or three (3) years.
 38        (5)  There  shall  be  a minimum of two (2) written evaluations in each of
 39    the annual contract years of employment, and at least one (1) evaluation shall
 40    be completed before January 1 of each year. The provisions of this  subsection
 41    (5) shall not apply to employees on a category 1 contract.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                         RS ll618C1

This legislation amends Idaho Code 33-514 dealing with the 
issuance of annual contracts. Idaho’s annual contract law was 
amended in 2000 to create three categories of annual contracts 
and required school districts to provide a support program during 
the first three years of employment in a district in the areas of 
administrative and supervisor support, mentoring, peer assistance 
and professional development. The amendments offered in this RS 

•	Create two categories of annual contracts: limited one-year 
and a category two contract for teachers in their first 
three years of continuous employment with the same district. 
Teachers hired under a category two contract would be probationary 
employees until the issuance of the fourth contract, as now 
provided in 1C33-515.

•	Require the support program only for teachers during their 
first three years in the profession, not for the first three years 
in each district that might employ the teacher. This would allow 
districts to focus their resources on the “beginning teachers” 
during the first three years, not on all teachers new to the 
district. Nothing would prohibit a district from offering a support 
system to teachers new to the district; the state requirement would 
be removed.

                          FISCAL IMPACT

There would be no fiscal impact to the state’s general fund.

Name:	Senator Darrel Deide
Phone:  332-1386