2003 Legislation
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HOUSE BILL NO. 300 – School/teacher hired/other district


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View Statement of Purpose / Fiscal Impact

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Daily Data Tracking History

H0300.............................................................by EDUCATION
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

Bill Text

  ||||              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
  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-
 18    bility.
 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
 25    procedures:
 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-
 38        sent.
 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 / Fiscal Impact

                       STATEMENT OF PURPOSE
                             RS 13025
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
                          FISCAL IMPACT
There would be no fiscal impact to the General Fund.

Name: Dr. Cliff Green, Idaho School Boards Association 
Phone: 854-1476
Name:  John Watts, ISBA
Phone: 385-7070