2002 Legislation
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SENATE BILL NO. 1430 – Schools/noncertfctd emplyees/cntrct


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Daily Data Tracking History

S1430..........................................................by EDUCATION
SCHOOLS - NONCERTIFICATED EMPLOYEES - Adds to existing law relating to
public school noncertificated employees to provide a renewable contract
under the terms  specified, including evaluation, notification and
probationary period.
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. 1430
                                   BY EDUCATION COMMITTEE
  1                                        AN ACT
  5        EMPLOYEES.
  6    Be It Enacted by the Legislature of the State of Idaho:
  7        SECTION  1.  That  Chapter  5,  Title  33, Idaho Code, be, and the same is
  8    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  9    ignated as Section 33-520, Idaho Code, and to read as follows:
 10        33-520.  NONCERTIFICATED EMPLOYEES -- RENEWABLE CONTRACT. During the third
 11    full  year of continuous employment by the same school district, including any
 12    specially chartered district, each noncertificated employee shall be evaluated
 13    for a renewable contract and shall, upon having been offered  a  contract  for
 14    the  next  ensuing year, having given notice of acceptance of renewal and upon
 15    signing a contract for a fourth full year, be placed on a  renewable  contract
 16    status  with  the  school  district subject to the provisions included in this
 17    chapter.
 18        After the third full year of employment and at least  once  annually,  the
 19    performance  of  each noncertificated employee shall be evaluated according to
 20    criteria and procedures established by the board  of  trustees  in  accordance
 21    with  general  guidelines  approved by the state board of education. Except as
 22    otherwise provided, that person shall have the right to automatic  renewal  of
 23    contract  by  giving notice, in writing, of acceptance of renewal. Such notice
 24    shall be given to the board of trustees of the school district then  employing
 25    the  person  not  later than the first day of June preceding the expiration of
 26    the term of the current contract. Except as otherwise provided by  this  para-
 27    graph,  the board of trustees shall notify each person entitled to be employed
 28    on a renewable contract of the requirement that the  employee  must  give  the
 29    notice  as  provided and that failure to do so may be interpreted by the board
 30    as a declination of the right to automatic renewal or  the  offer  of  another
 31    contract. Such notification shall be made, in writing, not later than the fif-
 32    teenth  day  of  May, in each year, except to those persons to whom the board,
 33    prior to said date, has sent proposed contracts for the next ensuing year,  or
 34    to whom the board has given the notice required by this section.
 35        Any  contract  automatically  renewed under the provisions of this section
 36    shall be for the same length as the term stated in the current contract and at
 37    a salary no lower than that specified therein.
 38        Before a board of trustees can determine not to renew for  reasons  of  an
 39    unsatisfactory  report  of the performance of any noncertificated person whose
 40    contract would otherwise be automatically renewed, or to renew the contract of
 41    any such person at a reduced salary, the person shall be entitled to a reason-
 42    able period of probation. This period of probation  shall  be  preceded  by  a
 43    written  notice  from the board of trustees with reasons for such probationary
  1    period and with provisions for adequate  supervision  and  evaluation  of  the
  2    person's  performance  during the probationary period. The period of probation
  3    shall not affect the person's renewable contract status. Consideration of pro-
  4    bationary status for noncertificated personnel is consideration of the  status
  5    of  an  employee within the meaning of section 67-2345, Idaho Code, and may be
  6    held in executive session. If the consideration results in  probationary  sta-
  7    tus,  the  individual  on  probation  shall not be named in the minutes of the
  8    meeting. A record of the decision shall be placed in the employee's  personnel
  9    file.
 10        If  the  board  of  trustees takes action to immediately discharge or dis-
 11    charge upon termination of the current contract a noncertificated person whose
 12    contract would otherwise be automatically renewed, or to renew the contract of
 13    any such person at a reduced salary, the board of trustees  shall  follow  the
 14    following procedures:
 15        (a)  The  superintendent or any other duly authorized administrative offi-
 16        cial of the school district may recommend the discharge of any noncertifi-
 17        cated employee by filing with the board of trustees written notice  speci-
 18        fying the alleged reasons for discharge.
 19        (b)  Upon receipt of the notice, the board, acting through its duly autho-
 20        rized  administrative  official,  shall  give the affected noncertificated
 21        employee written notice of the allegations and the recommendation of  dis-
 22        charge,  along  with written notice of a hearing before the board prior to
 23        any determination by the board of the truth of the allegations.
 24        (c)  The hearing shall be scheduled to take place not less  than  six  (6)
 25        days nor more than twenty-one (21) days after receipt of the notice by the
 26        employee.  The date provided for the hearing may be changed by mutual con-
 27        sent.
 28        (d)  The hearing shall be public unless the employee requests  in  writing
 29        that it be in executive session.
 30        (e)  All  testimony  at  the hearing shall be given under oath or affirma-
 31        tion. Any member of the board, or the clerk of the board,  may  administer
 32        oaths to witnesses or affirmations by witnesses.
 33        (f)  The  employee  may be represented by legal counsel and/or by a repre-
 34        sentative of a local or state teachers association.
 35        (g)  The chairman of the board or the designee of the chairman shall  con-
 36        duct the hearing.
 37        (h)  The  board shall cause an electronic record of the hearing to be made
 38        or shall employ a competent reporter to  take  stenographic  or  stenotype
 39        notes  of  all  the  testimony at the hearing. A transcript of the hearing
 40        shall be provided at cost by the board upon request of the employee.
 41        (i)  At the hearing the superintendent or other duly  authorized  adminis-
 42        trative  official  shall  present evidence to substantiate the allegations
 43        contained in the notice.
 44        (j)  The employee may produce evidence to refute the allegations. Any wit-
 45        ness presented by the superintendent or by the employee shall  be  subject
 46        to  cross-examination.  The board may also examine witnesses and be repre-
 47        sented by counsel.
 48        (k)  The affected employee may file written briefs and arguments with  the
 49        board  within  three (3) days after the close of the hearing or such other
 50        time as may be agreed upon by the affected employee and the board.
 51        (l)  Within fifteen (15) days following the  close  of  the  hearing,  the
 52        board  shall determine and, acting through its duly authorized administra-
 53        tive official, shall notify the employee in writing whether  the  evidence
 54        presented  at  the  hearing  established  the truth of the allegations and
 55        whether the employee is to be retained, immediately  discharged,  or  dis-
  1        charged upon termination of the current contract.
  2        Furthermore,  the board shall notify the employee in writing whether there
  3    is just and reasonable cause not to renew the contract or to reduce the salary
  4    of the affected employee and, if so, what  reasons  it  relied  upon  in  that
  5    determination.
  6        If  the  board of trustees, for reasons other than unsatisfactory service,
  7    for the ensuing contract year, determines to change the  length  of  the  term
  8    stated in the current contract, reduce the salary or not renew the contract of
  9    a  noncertificated  person  whose  contract  would  otherwise be automatically
 10    renewed, nothing herein shall require a probationary period.

Statement of Purpose / Fiscal Impact


This legislation provides for renewable contract status for 
noncertificated employees, employed in the same Idaho school 
district for three consecutive years.

                         FISCAL IMPACT



Name: Jason Seubert, Idaho Education Association 
Phone: 344-1341

                                                    S 1430