2002 Legislation
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SENATE BILL NO. 1415 – Teachers/attend associatn mtg/time


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Daily Data Tracking History

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

Bill Text

  ||||              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
  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
  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.
  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 / Fiscal Impact

                          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 

                       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