2005 Legislation
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HOUSE BILL NO. 217 – Teachers, support prog deleted


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Bill Status

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

Bill Text

  ]]]]              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
  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:
 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
  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 / Fiscal Impact

                       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.

Name:  Dr. Cliff Green or John Watts
       Idaho School Board Association 
Phone: 854-1476

STATEMENT OF PURPOSE/FISCAL NOTE                     H 217