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S1415..........................................................by EDUCATION
TEACHERS - Amends existing law to provide that a teacher shall not be
required to make up time spent at the annual delegate assembly meeting of
the state teacher's association.
02/11 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to Educ
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1415
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO LEAVE TIME FOR PROFESSIONAL SCHOOL PERSONNEL; AMENDING SECTION
3 33-513, IDAHO CODE, TO PROVIDE THAT A TEACHER SHALL NOT BE REQUIRED TO
4 MAKE UP TIME SPENT AT THE ANNUAL DELEGATE ASSEMBLY MEETING OF THE STATE
5 TEACHERS' ASSOCIATION AND TO MAKE A TECHNICAL CORRECTION.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 33-513, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 33-513. PROFESSIONAL PERSONNEL. The board of trustees of each school dis-
10 trict including any specially chartered district, shall have the following
11 powers and duties:
12 1. To employ professional personnel, on written contract in form approved
13 by the state superintendent of public instruction, conditioned upon a valid
14 certificate being held by such professional personnel at the time of entering
15 upon the duties thereunder. Should the board of trustees fail to enter into
16 written contract for the employment of any such person, the state superintend-
17 ent of public instruction shall withhold ensuing apportionments until such
18 written contract be entered into. When the board of trustees has delivered a
19 proposed contract for the next ensuing year to any such person, such person
20 shall have a period of time to be determined by the board of trustees in its
21 discretion, but in no event less than ten (10) days from the date the contract
22 is delivered, in which to sign the contract and return it to the board. Deliv-
23 ery of a contract may be made only in person or by certified mail, return
24 receipt requested. When delivery is made in person, delivery of the contract
25 must be acknowledged by a signed receipt. When delivery is made by certified
26 mail, delivery must be acknowledged by the return of the certified mail
27 receipt from the person to whom the contract was sent. Should the person will-
28 fully refuse to acknowledge receipt of the contract or the contract is not
29 signed and returned to the board in the designated period of time, the board
30 may declare the position vacant.
31 The board of trustees shall withhold the salary of any teacher who does
32 not hold a teaching certificate valid in this state. It shall not contract to
33 require any teacher to make up time spent in attending any meeting called by
34 the state board of education or by the state superintendent of public instruc-
35 tion; nor while attending regularly scheduled official the annual delegate
36 assembly meetings of the state teachers' association.
37 2. In the case of school districts other than elementary school dis-
38 tricts, to employ a superintendent of schools for a term not to exceed three
39 (3) years, who shall be the executive officer of the board of trustees with
40 such powers and duties as the board may prescribe. The superintendent shall
41 also act as the authorized representative of the district whenever such is
42 required, unless some other person shall be named by the board of trustees to
43 act as its authorized representative. The board of trustees shall conduct an
2
1 annual, written formal evaluation of the work of the superintendent of the
2 district. The evaluation shall indicate the strengths and weaknesses of the
3 superintendent's job performance in the year immediately preceding the evalua-
4 tion and areas where improvement in the superintendent's job performance, in
5 the view of the board of trustees, is called for.
6 3. To employ through written contract principals who shall hold a valid
7 certificate appropriate to the position for which they are employed, who shall
8 supervise the operation and management of the school in accordance with the
9 policies established by the board of trustees and who shall be under the
10 supervision of the superintendent.
11 4. To employ assistant superintendents and principals for a term not to
12 exceed two (2) years. Service performed under such contract shall be included
13 in meeting the provisions of section 33-515, Idaho Code, as a teacher and per-
14 sons eligible for a renewable contract as a teacher shall retain such eligi-
15 bility.
16 5. To suspend, grant leave of absence, place on probation or discharge
17 certificated professional personnel for a material violation of any lawful
18 rules or regulations of the board of trustees or of the state board of educa-
19 tion, or for any conduct which could constitute grounds for revocation of a
20 teaching certificate. Any certificated professional employee, except the
21 superintendent, may be discharged during a contract term under the following
22 procedures:
23 (a) The superintendent or any other duly authorized administrative offi-
24 cer of the school district may recommend the discharge of any certificated
25 employee by filing with the board of trustees written notice specifying
26 the alleged reasons for discharge.
27 (b) Upon receipt of such notice the board acting through their duly
28 authorized administrative official, shall give the affected employee writ-
29 ten notice of the allegations and the recommendation of discharge, along
30 with written notice of a hearing before the board prior to any determina-
31 tion by the board of the truth of the allegations.
32 (c) The hearing shall be scheduled to take place not less than six (6)
33 days nor more than twenty-one (21) days after receipt of the notice by the
34 employee. The date provided for the hearing may be changed by mutual con-
35 sent.
36 (d) The hearing shall be public unless the employee requests in writing
37 that it be in executive session.
38 (e) All testimony at the hearing shall be given under oath or affirma-
39 tion. Any member of the board, or the clerk of the board, may administer
40 oaths to witnesses or affirmations by witnesses.
41 (f) The employee may be represented by legal counsel and/or by a repre-
42 sentative of a local or state teachers' association.
43 (g) The chairman of the board or the designee of the chairman shall con-
44 duct the hearing.
45 (h) The board shall cause an electronic record of the hearing to be made
46 or shall employ a competent reporter to take stenographic or stenotype
47 notes of all the testimony at the hearing. A transcript of the hearing
48 shall be provided at cost by the board upon request of the employee.
49 (i) At the hearing the superintendent or other duly authorized adminis-
50 trative officer shall present evidence to substantiate the allegations
51 contained in such notice.
52 (j) The employee may produce evidence to refute the allegations. Any wit-
53 ness presented by the superintendent or by the employee shall be subject
54 to cross-examination. The board may also examine witnesses and be repre-
55 sented by counsel.
3
1 (k) The affected employee may file written briefs and arguments with the
2 board within three (3) days after the close of the hearing or such other
3 time as may be agreed upon by the affected employee and the board.
4 (l) Within fifteen (15) days following the close of the hearing, the
5 board shall determine and, acting through their duly authorized adminis-
6 trative official, shall notify the employee in writing whether the evi-
7 dence presented at the hearing established the truth of the allegations
8 and whether the employee is to be retained, immediately discharged, or
9 discharged upon termination of the current contract.
STATEMENT OF PURPOSE
RS 11922
The purpose of this legislation is to clarify for School District
Trustees what meeting constitutes a “regularly scheduled official”
meeting of the State Teachers Association. This proposed language
limits the “meeting” to be the annual delegate assembly, which was
the intent of the legislation when it was first approved by the
legislature.
FISCAL IMPACT
NO impact to tl-ie state’s general fund. There will be some cost
savings to local school districts as they will not be paying
teachers their salary when they attend meetings of the teachers’
association other than the annual delegate assembly.
Contact: Senator Darrel Deide
332-1328
STATEMENT OF PURPOSE/FISCAL NOTE S 1415