2003 Legislation
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HOUSE BILL NO. 185 – School dist employee, evaluations


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Daily Data Tracking History

H0185.............................................................by EDUCATION
SCHOOL DISTRICT EMPLOYEES - EVALUATIONS - Amends existing law to revise
conditions when a support program is required; and to provide that school
district employee evaluations must be completed prior to December 15.
02/06    House intro - 1st rdg - to printing
02/07    Rpt prt - to Educ
02/18    Rpt out - rec d/p - to 2nd rdg
02/19    2nd rdg - to 3rd rdg
02/21    3rd rdg - PASSED - 59-4-7
      AYES -- Barraclough, Barrett, Bauer, Bedke, Bell, Bieter, Black, Block,
      Boe, Bolz, Bradford, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney,
      Eberle, Edmunson, Ellsworth, Eskridge, Gagner, Garrett, Harwood,
      Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst,
      Martinez, McGeachin, McKague, Meyer, Miller, Moyle, Nielsen, Raybould,
      Ridinger, Ring, Roberts, Rydalch, Sali, Schaefer(Schaefer), Shepherd,
      Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Tilman,
      Trail, Wills, Wood, Mr. Speaker
      NAYS -- Andersen, Douglas, Ringo, Sayler
      Absent and excused -- Campbell, Field(18), Field(23), Mitchell,
      Naccarato, Robison, Stevenson
    Floor Sponsor - Bolz
    Title apvd - to Senate
02/24    Senate intro - 1st rdg - to Educ

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 185
                                   BY EDUCATION COMMITTEE
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 33-514, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:
  9    CONTRACTS  --  OPTIONAL  PLACEMENT.  (1) The board of trustees shall establish
 10    criteria and procedures for the supervision  and  evaluation  of  certificated
 11    employees  who  are  not  employed on a renewable contract, as provided for in
 12    section 33-515, Idaho Code.
 13        (2)  Each school district shall have a support  program  for  certificated
 14    employees  who  are experiencing their first three (3) years with the district
 15    in the profession, under a category 1, 2 or 3 contract, providing  support  in
 16    the  areas  of: administrative and supervisory support, mentoring, peer assis-
 17    tance and professional development. In developing  support  programs,  nothing
 18    shall  prevent  districts  from  joining together to formulate a joint program
 19    applicable to each member district. Programs shall be submitted  for  approval
 20    to the state department of education in accordance with procedures established
 21    by  the department. The state department of education is hereby authorized and
 22    directed to:
 23        (a)  Formulate basic guidelines which districts shall use as a  model  for
 24        developing district programs;
 25        (b)  Approve school district support programs; and
 26        (c)  Establish  procedures  for districts to submit programs for approval,
 27        to provide for periodic review of previously  approved  programs,  and  to
 28        allow districts to amend previously approved programs.
 29        (3)  There  shall be three (3) categories of annual contracts available to
 30    local school districts under which to employ certificated personnel:
 31        (a)  A category 1 contract is a limited one-year contract as  provided  in
 32        section 33-514A, Idaho Code.
 33        (b)  A  category 2 contract is for certificated personnel in the first and
 34        second years of continuous employment with the same school district. While
 35        employed under a category 2 contract, the employee shall be  provided  the
 36        services  of  the district support program referenced in subsection (2) of
 37        this section. Upon the decision by a local school board  not  to  reemploy
 38        the person for the following year, the certificated employee shall be pro-
 39        vided a written statement of reasons for non-reemployment by no later than
 40        May  25.  No  property  rights  shall  attach to a category 2 contract and
 41        therefore the employee shall not be entitled to  a  review  by  the  local
 42        board of the reasons or decision not to reemploy.
 43        (c)  A  category 3 contract is for certificated personnel during the third
  1        year of continuous employment by the same school district. District proce-
  2        dures shall require at least one (1) evaluation prior to the beginning  of
  3        the  second  semester no later than December 15 of the school year and the
  4        results of any such evaluation shall be made a matter  of  record  in  the
  5        employee's  personnel  file.  When any such employee's work is found to be
  6        unsatisfactory a defined period of probation shall be established  by  the
  7        board,  but  in no case shall a probationary period be less than eight (8)
  8        weeks. After the probationary period, action shall be taken by  the  board
  9        as to whether the employee is to be retained, immediately discharged, dis-
 10        charged  upon termination of the current contract or reemployed at the end
 11        of the contract term under a continued probationary status.  Notwithstand-
 12        ing the provisions of sections 67-2344 and 67-2345, Idaho Code, a decision
 13        to  place  certificated  personnel  on  probationary status may be made in
 14        executive session and the  employee shall not be named in the  minutes  of
 15        the  meeting.  A  record of the decision shall be placed in the employee's
 16        personnel file. This procedure shall not preclude recognition of  unsatis-
 17        factory work at a subsequent evaluation and the establishment of a reason-
 18        able  period  of  probation.  In all instances, the employee shall be duly
 19        notified in writing of the areas of work which  are  deficient,  including
 20        the conditions of probation. Each such certificated employee on a category
 21        3  contract  shall  be given notice, in writing, whether he or she will be
 22        reemployed for the next ensuing year. Such notice shall be  given  by  the
 23        board  of  trustees no later than the twenty-fifth day of May of each such
 24        year. If the board of trustees has decided not to  reemploy  the  certifi-
 25        cated  employee,  then  the notice must contain a statement of reasons for
 26        such decision and the employee shall, upon request, be given the  opportu-
 27        nity for an informal review of such decision by the board of trustees. The
 28        parameters of an informal review shall be determined by the local board.
 29        (4)  School  districts  hiring  an employee who has been on renewable con-
 30    tract status with another Idaho district or has out-of-state experience  which
 31    would  otherwise qualify the certificated employee for renewable contract sta-
 32    tus in Idaho, shall have the option to immediately  grant  renewable  contract
 33    status, or to place the employee on a category 3 annual contract. Such employ-
 34    ment  on  a category 3 contract under the provisions of this subsection may be
 35    for one (1), two (2) or three (3) years.
 36        (5)  There shall be a minimum of two (2) written evaluations  in  each  of
 37    the annual contract years of employment, and at least one (1) evaluation shall
 38    be  completed  before January December 15 of each year. The provisions of this
 39    subsection (5) shall not apply to employees on a category 1 contract.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                           RS 12720C1
The purpose of this legislation is to accomplish two things:
(1) allow teachers who have teaching experience of more than
three years from one school district and then move to another
school district to be exempted from the support program and (2)
make congruent the dates required for teacher evaluation.  By
changing the date to December 15, it allows the school district
time to take any corrective action necessary following the
                          FISCAL IMPACT

*There is no fiscal impact to the general fund.

Name: Representative Bolz 
Phone: 332-1207

STATEMENT OF PURPOSE/FISCAL NOTE                       H 185