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H0217..........................................................by EDUCATION
SCHOOL DISTRICTS - Amends existing law to delete the requirement that
school districts provide support programs for certificated employees during
their first three years with the district.
02/15 House intro - 1st rdg - to printing
02/16 Rpt prt - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 217
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO SUPPORT PROGRAMS FOR EMPLOYEES OF SCHOOL DISTRICTS; AMENDING SEC-
3 TION 33-514, IDAHO CODE, TO DELETE THE REQUIREMENT THAT SCHOOL DISTRICTS
4 PROVIDE SUPPORT PROGRAMS FOR CERTIFICATED EMPLOYEES DURING THEIR FIRST
5 THREE YEARS WITH THE DISTRICT.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 33-514, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 33-514. ISSUANCE OF ANNUAL CONTRACTS -- SUPPORT PROGRAMS -- CATEGORIES OF
10 CONTRACTS -- OPTIONAL PLACEMENT. (1) The board of trustees shall establish
11 criteria and procedures for the supervision and evaluation of certificated
12 employees who are not employed on a renewable contract, as provided for in
13 section 33-515, Idaho Code.
14 (2) Each school district shall have a support program for certificated
15 employees who are experiencing their first three (3) years with the district,
16 under a category 1, 2 or 3 contract, providing support in the areas of: admin-
17 istrative and supervisory support, mentoring, peer assistance and professional
18 development. In developing support programs, nothing shall prevent districts
19 from joining together to formulate a joint program applicable to each member
20 district. Programs shall be submitted for approval to the state department of
21 education in accordance with procedures established by the department. The
22 state department of education is hereby authorized and 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
2
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 of the school year and the results of any such evalua-
4 tion shall be made a matter of record in the employee's personnel file.
5 When any such employee's work is found to be unsatisfactory a defined
6 period of probation shall be established by the board, but in no case
7 shall a probationary period be less than eight (8) weeks. After the proba-
8 tionary period, action shall be taken by the board as to whether the
9 employee is to be retained, immediately discharged, discharged upon termi-
10 nation of the current contract or reemployed at the end of the contract
11 term under a continued probationary status. Notwithstanding the provisions
12 of sections 67-2344 and 67-2345, Idaho Code, a decision to place certifi-
13 cated personnel on probationary status may be made in executive session
14 and the employee shall not be named in the minutes of the meeting. A
15 record of the decision shall be placed in the employee's personnel file.
16 This procedure shall not preclude recognition of unsatisfactory work at a
17 subsequent evaluation and the establishment of a reasonable period of pro-
18 bation. In all instances, the employee shall be duly notified in writing
19 of the areas of work which are deficient, including the conditions of pro-
20 bation. Each such certificated employee on a category 3 contract shall be
21 given notice, in writing, whether he or she will be reemployed for the
22 next ensuing year. Such notice shall be given by the board of trustees no
23 later than the twenty-fifth day of May of each such year. If the board of
24 trustees has decided not to reemploy the certificated employee, then the
25 notice must contain a statement of reasons for such decision and the
26 employee shall, upon request, be given the opportunity for an informal
27 review of such decision by the board of trustees. The parameters of an
28 informal review shall be determined by the local board.
29 (43) 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 (54) 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 1 of each year. The provisions of this subsection
39 (54) shall not apply to employees on a category 1 contract.
STATEMENT OF PURPOSE
RS 14830
The purpose of this legislation is to amend Idaho Code 33-514 to
eliminate the statutory requirement that districts provide
support programs for certificated employees who are experiencing
their first three (3) years with the district.
FISCAL NOTE
There is no fiscal impact on the general fund.
Contact
Name: Dr. Cliff Green or John Watts
Idaho School Board Association
Phone: 854-1476
STATEMENT OF PURPOSE/FISCAL NOTE H 217