Print Friendly HOUSE BILL NO. 300 – School/teacher hired/other district
HOUSE BILL NO. 300
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SCHOOL DISTRICTS - Amends existing law to require that notice be given when
hiring professional personnel of a school district if the individual has a
signed contract in another district.
02/25 House intro - 1st rdg - to printing
02/26 Rpt prt - to Educ
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 300
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO HIRING OF PROFESSIONAL PERSONNEL OF A SCHOOL DISTRICT; AMENDING
3 SECTION 33-513, IDAHO CODE, TO REQUIRE THAT NOTICE BE GIVEN WHEN HIRING
4 PERSONNEL WITH A SIGNED CONTRACT IN ANOTHER DISTRICT AND TO MAKE A TECHNI-
5 CAL 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. District superintendents or representatives
31 hiring professional personnel who have a signed contract in another district
32 are required to notify, by registered mail, the affected school district
33 superintendent or representative before a contract offer can be made.
34 The board of trustees shall withhold the salary of any teacher who does
35 not hold a teaching certificate valid in this state. It shall not contract to
36 require any teacher to make up time spent in attending any meeting called by
37 the state board of education or by the state superintendent of public instruc-
38 tion; nor while attending regularly scheduled official meetings of the state
39 teachers' association.
40 2. In the case of school districts other than elementary school dis-
41 tricts, to employ a superintendent of schools for a term not to exceed three
42 (3) years, who shall be the executive officer of the board of trustees with
43 such powers and duties as the board may prescribe. The superintendent shall
1 also act as the authorized representative of the district whenever such is
2 required, unless some other person shall be named by the board of trustees to
3 act as its authorized representative. The board of trustees shall conduct an
4 annual, written formal evaluation of the work of the superintendent of the
5 district. The evaluation shall indicate the strengths and weaknesses of the
6 superintendent's job performance in the year immediately preceding the evalua-
7 tion and areas where improvement in the superintendent's job performance, in
8 the view of the board of trustees, is called for.
9 3. To employ through written contract principals who shall hold a valid
10 certificate appropriate to the position for which they are employed, who shall
11 supervise the operation and management of the school in accordance with the
12 policies established by the board of trustees and who shall be under the
13 supervision of the superintendent.
14 4. To employ assistant superintendents and principals for a term not to
15 exceed two (2) years. Service performed under such contract shall be included
16 in meeting the provisions of section 33-515, Idaho Code, as a teacher and per-
17 sons eligible for a renewable contract as a teacher shall retain such eligi-
19 5. To suspend, grant leave of absence, place on probation or discharge
20 certificated professional personnel for a material violation of any lawful
21 rules or regulations of the board of trustees or of the state board of educa-
22 tion, or for any conduct which could constitute grounds for revocation of a
23 teaching certificate. Any certificated professional employee, except the
24 superintendent, may be discharged during a contract term under the following
26 (a) The superintendent or any other duly authorized administrative offi-
27 cer of the school district may recommend the discharge of any certificated
28 employee by filing with the board of trustees written notice specifying
29 the alleged reasons for discharge.
30 (b) Upon receipt of such notice the board acting through their duly
31 authorized administrative official, shall give the affected employee writ-
32 ten notice of the allegations and the recommendation of discharge, along
33 with written notice of a hearing before the board prior to any determina-
34 tion by the board of the truth of the allegations.
35 (c) The hearing shall be scheduled to take place not less than six (6)
36 days nor more than twenty-one (21) days after receipt of the notice by the
37 employee. The date provided for the hearing may be changed by mutual con-
39 (d) The hearing shall be public unless the employee requests in writing
40 that it be in executive session.
41 (e) All testimony at the hearing shall be given under oath or affirma-
42 tion. Any member of the board, or the clerk of the board, may administer
43 oaths to witnesses or affirmations by witnesses.
44 (f) The employee may be represented by legal counsel and/or by a repre-
45 sentative of a local or state teachers' association.
46 (g) The chairman of the board or the designee of the chairman shall con-
47 duct the hearing.
48 (h) The board shall cause an electronic record of the hearing to be made
49 or shall employ a competent reporter to take stenographic or stenotype
50 notes of all the testimony at the hearing. A transcript of the hearing
51 shall be provided at cost by the board upon request of the employee.
52 (i) At the hearing the superintendent or other duly authorized adminis-
53 trative officer shall present evidence to substantiate the allegations
54 contained in such notice.
55 (j) The employee may produce evidence to refute the allegations. Any wit-
1 ness presented by the superintendent or by the employee shall be subject
2 to cross-examination. The board may also examine witnesses and be repre-
3 sented by counsel.
4 (k) The affected employee may file written briefs and arguments with the
5 board within three (3) days after the close of the hearing or such other
6 time as may be agreed upon by the affected employee and the board.
7 (l) Within fifteen (15) days following the close of the hearing, the
8 board shall determine and, acting through their duly authorized adminis-
9 trative official, shall notify the employee in writing whether the evi-
10 dence presented at the hearing established the truth of the allegations
11 and whether the employee is to be retained, immediately discharged, or
12 discharged upon termination of the current contract.
STATEMENT OF PURPOSE
This proposal requires school districts to notify each other if
they intend to make a job offer to a teacher that has already
entered into a teaching contract in a different district. This
notification process will facilitate timely notice of personnel
changes between districts, allowing each district to replace the
departing teacher in a timely manner before the first day of
There would be no fiscal impact to the General Fund.
Name: Dr. Cliff Green, Idaho School Boards Association
Name: John Watts, ISBA
STATEMENT OF PURPOSE/FISCAL NOTE H 30