2005 Legislation
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HOUSE BILL NO. 315 – Teachers, 1st year support

HOUSE BILL NO. 315

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Bill Status



H0315aaS.......................................................by EDUCATION
TEACHERS - Amends existing law relating to support programs for employees
of school districts to provide additional authority to school trustees to
provide support for teachers in their first two years in the profession;
and to delete the requirement that school districts provide support
programs for certificated employees during their first three years with the
district.
                                                                        
03/10    House intro - 1st rdg - to printing
03/11    Rpt prt - Held at Desk
03/14    Ref'd to Educ
03/15    Rpt out - rec d/p - to 2nd rdg
03/16    2nd rdg - to 3rd rdg
03/17    3rd rdg - PASSED - 41-29-0
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bayer, Bedke, Bell,
      Black, Block, Bradford, Cannon, Chadderdon, Clark, Collins, Crow,
      Deal, Denney, Eskridge, Field(23), Garrett, Hart, Harwood, Henderson,
      Lake, Loertscher, Mathews, McGeachin, McKague, Moyle, Nielsen,
      Nonini, Raybould, Roberts, Rydalch, Sali, Schaefer, Shepherd(8),
      Stevenson, Wills, Wood, Mr. Speaker
      NAYS -- Bastian, Bilbao, Boe, Bolz, Edmunson, Ellsworth, Field(18),
      Henbest, Jaquet, Jones, Kemp, LeFavour, Martinez, Miller, Mitchell,
      Pasley-Stuart, Pence, Ring, Ringo, Rusche, Sayler, Shepherd(2),
      Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Trail
      Absent and excused -- None
    Floor Sponsors - Barraclough & Rydalch
    Title apvd - to Senate
03/18    Senate intro - 1st rdg - to Educ
03/29    Rpt out - to 14th Ord
03/30    Rpt out amen - to 1st rdg as amen
    Rls susp - PASSED - 27-8-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burtenshaw,
      Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon,
      Geddes, Goedde, Hill, Jorgenson, Keough, Little, Lodge, McGee,
      McKenzie, Pearce, Richardson, Stegner, Sweet, Williams
      NAYS -- Burkett, Kelly, Langhorst, Malepeai, Marley, Schroeder,
      Stennett, Werk
      Absent and excused -- None
    Floor Sponsors - Goedde & Jorgenson
    Title apvd - to House
03/31    House concurred in Senate amens - to engros
    Rpt engros - 1st rdg - to 2nd rdg as amen
04/01    2nd rdg - to 3rd rdg as amen
04/04    3rd rdg as amen - PASSED - 47-20-3
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bayer, Bedke, Bell,
      Black, Block, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins,
      Deal, Denney, Edmunson, Ellsworth(Ellsworth), Eskridge, Field(18),
      Field(23), Garrett, Hart, Harwood, Henderson, Kemp, Lake, Loertscher,
      Mathews, McGeachin, McKague, Moyle, Nielsen, Nonini, Raybould, Ring,
      Roberts, Rydalch, Sali, Schaefer, Shepherd(2), Shepherd(8), Smylie,
      Stevenson, Wills, Mr. Speaker
      NAYS -- Bastian, Bilbao, Boe, Henbest, Jaquet, Jones, LeFavour,
      Martinez, Miller, Mitchell, Pasley-Stuart, Pence, Ringo, Rusche,
      Sayler(Callen), Shirley, Skippen, Smith(30), Snodgrass, Trail
      Absent and excused -- Crow, Smith(24), Wood
    Floor Sponsor - Rydalch
    Title apvd - To enrol - Rpt enrol - Sp signed
04/05    Pres signed - To Governor
04/11    Governor signed
         Session Law Chapter 340
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 315
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SUPPORT PROGRAMS FOR EMPLOYEES OF SCHOOL DISTRICTS; AMENDING  SEC-
  3        TION  33-512,  IDAHO  CODE,  TO  PROVIDE  ADDITIONAL  AUTHORITY  TO SCHOOL
  4        TRUSTEES TO PROVIDE SUPPORT FOR TEACHERS IN THEIR FIRST YEAR IN  THE  PRO-
  5        FESSION;  AND  AMENDING SECTION 33-514, IDAHO CODE, TO DELETE THE REQUIRE-
  6        MENT THAT SCHOOL  DISTRICTS  PROVIDE  SUPPORT  PROGRAMS  FOR  CERTIFICATED
  7        EMPLOYEES DURING THEIR FIRST THREE YEARS WITH THE DISTRICT.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section  33-512, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        33-512.  GOVERNANCE OF SCHOOLS. The board of trustees of each school  dis-
 12    trict shall have the following powers and duties:
 13        1.  To  fix  the  days  of  the year and the hours of the day when schools
 14    shall be in session. However:
 15        (a)  Each school district shall annually adopt and implement a school cal-
 16        endar which provides its students at each grade level with  the  following
 17        minimum number of instructional hours:
 18                      Grades                             Hours
 19                       9-12                               990
 20                       4-8                                900
 21                       1-3                                810
 22                       K                                  450
                                                                        
 23        (b)  School  assemblies, testing and other instructionally related activi-
 24        ties involving students directly may be included in the required  instruc-
 25        tional hours.
 26        (c)  When  approved  by  a  local  school board, annual instructional hour
 27        requirements stated in paragraph (a) may be reduced as follows:
 28             (i)   Up to a total of twenty-two (22)  hours  to  accommodate  staff
 29             development  activities  conducted  on  such days as the local school
 30             board deems appropriate.
 31             (ii)  Up to a total of eleven (11) hours of emergency school closures
 32             due to adverse weather conditions and facility failures.
 33        However, transportation to and from school, passing times between classes,
 34        recess and lunch periods shall not be included.
 35        (d)  Student and staff activities related to the opening  and  closing  of
 36        the  school  year,  grade reporting, program planning, staff meetings, and
 37        other classroom and building management activities shall not be counted as
 38        instructional time or in the reductions provided in  paragraph  (c)(i)  of
 39        this section.
 40        (e)  For  multiple  shift programs, this rule applies to each shift (i.e.,
 41        each student must have access to the  minimum  annual  required  hours  of
 42        instructions).
                                                                        
                                           2
                                                                        
  1        (f)  The  instructional  time  requirement  for  grade  12 students may be
  2        reduced by action of a local school board for an amount  of  time  not  to
  3        exceed eleven (11) hours of instructional time.
  4        (g)  The state superintendent of public instruction may grant an exemption
  5        from  the  provisions  of this section for an individual building within a
  6        district, when the closure of that building, for unforeseen circumstances,
  7        does not affect the attendance of other buildings within the district.
  8        2.  To adopt and carry on, and provide for the financing of, a total  edu-
  9    cational  program  for  the  district.  Such programs in other than elementary
 10    school districts may include education programs for  out-of-school  youth  and
 11    adults; and such districts may provide classes in kindergarten;
 12        3.  To  provide, or require pupils to be provided with, suitable textbooks
 13    and supplies, and for advice on textbook selections  may  appoint  a  textbook
 14    adoption committee as provided in section 33-512A, Idaho Code;
 15        4.  To protect the morals and health of the pupils;
 16        5.  To exclude from school, children not of school age;
 17        6.  To  prescribe  rules  for  the disciplining of unruly or insubordinate
 18    pupils, such rules to be included in a district discipline code adopted by the
 19    board of trustees and a summarized version thereof to be provided  in  writing
 20    at  the beginning of each school year to the teachers and students in the dis-
 21    trict in a manner consistent with the student's age, grade and level  of  aca-
 22    demic achievement;
 23        7.  To  exclude from school, pupils with contagious or infectious diseases
 24    who are diagnosed or suspected as having a contagious or infectious disease or
 25    those who are not immune and have been exposed to a contagious  or  infectious
 26    disease;  and  to  close school on order of the state board of health or local
 27    health authorities;
 28        8.  To equip and maintain a suitable library or libraries in the school or
 29    schools and to exclude therefrom, and from the  schools,  all  books,  tracts,
 30    papers, and catechisms of sectarian nature;
 31        9.  To  determine  school  holidays.  Any listing of school holidays shall
 32    include not less than the following: New Year's Day,  Memorial  Day,  Indepen-
 33    dence  Day,  Thanksgiving Day, and Christmas Day. Other days listed in section
 34    73-108, Idaho Code, if the same shall fall on a school day, shall be  observed
 35    with  appropriate  ceremonies;  and  any days the state board of education may
 36    designate, following the proclamation by the governor, shall be  school  holi-
 37    days;
 38        10. To erect and maintain on each schoolhouse or school grounds a suitable
 39    flagstaff  or  flagpole,  and display thereon the flag of the United States of
 40    America on all days, except during inclement weather, when the  school  is  in
 41    session;  and  for each Veterans Day, each school in session shall conduct and
 42    observe an appropriate program of at least one (1)  class  period  remembering
 43    and honoring American veterans;
 44        11. To  prohibit  entrance  to each schoolhouse or school grounds, to pro-
 45    hibit loitering in schoolhouses or on school grounds and to  provide  for  the
 46    removal from each schoolhouse or school grounds of any individual or individu-
 47    als  who disrupt the educational processes or whose presence is detrimental to
 48    the morals, health, safety, academic learning or discipline of the  pupils.  A
 49    person  who  disrupts the educational process or whose presence is detrimental
 50    to the morals, health, safety, academic learning or discipline of  the  pupils
 51    or  who  loiters  in  schoolhouses or on school grounds, is guilty of a misde-
 52    meanor.
 53        12. To supervise and regulate,  including  by  contract  with  established
 54    entities,  those extracurricular activities which are by definition outside of
 55    or in addition to the regular academic  courses  or  curriculum  of  a  public
                                                                        
                                           3
                                                                        
  1    school,  and  which extracurricular activities shall not be considered to be a
  2    property, liberty or contract right of any student, and  such  extracurricular
  3    activities  shall  not be deemed a necessary element of a public school educa-
  4    tion, but shall be considered to be a privilege.
  5        13. To govern the school district in compliance with state law  and  rules
  6    of the state board of education.
  7        14. To  submit  to the superintendent of public instruction not later than
  8    July 1 of each year documentation which meets the  reporting  requirements  of
  9    the  federal  gun-free  schools  act  of  1994 as contained within the federal
 10    improving America's schools act of 1994.
 11        15. To require that all persons hired for the first time by  the  district
 12    or who have been in the employ of the district five (5) years or less, undergo
 13    a  criminal  history check as provided in section 33-130, Idaho Code. All such
 14    employees who are required to undergo a criminal history  check  shall  obtain
 15    the  history  check  within  three  (3)  months of starting employment, or for
 16    employees with five (5) years or less with  the  district,  within  three  (3)
 17    months from the date such employee is notified that he must undergo a criminal
 18    history  check.  Such  employees  shall  pay  the cost of the criminal history
 19    check. If the criminal history check shows that the  employee  has  been  con-
 20    victed  of  a felony crime enumerated in section 33-1208, Idaho Code, it shall
 21    be grounds for immediate termination, dismissal or other personnel  action  of
 22    the  district,  except  that  it  shall be the right of the school district to
 23    evaluate whether an individual convicted of one (1) of these crimes and having
 24    been incarcerated for that crime shall be hired. The district may require  any
 25    or  all persons who have been employed continuously with the same district for
 26    more than five (5) years, to undergo a criminal history check as  provided  in
 27    section 33-130, Idaho Code. If the district elects to require criminal history
 28    checks  of  such  employees,  the district shall pay the costs of the criminal
 29    history check or reimburse employees for such cost. A substitute  teacher  who
 30    has  undergone  a criminal history check at the request of one (1) district in
 31    which he has been employed as a substitute shall not be required to undergo an
 32    additional criminal history check at the request  of  any  other  district  in
 33    which  he  is  employed as a substitute if the teacher has obtained a criminal
 34    history check within the previous three  (3)  years.   If  the  district  next
 35    employing  the  substitute  still  elects  to require another criminal history
 36    check within the three (3) year period, that district shall pay  the  cost  of
 37    the criminal history check or reimburse the substitute teacher for such cost.
 38        16. Each  board  of trustees of a school district shall be responsible for
 39    developing a system for registering volunteers or contractors consistent  with
 40    maintaining a safe environment for their students.
 41        17. To  ensure  that  each  school district, including specially chartered
 42    school districts, participates in the  Idaho  student  information  management
 43    system  (ISIMS)  to the full extent of its availability. The terms "Idaho stu-
 44    dent information management system,"  "appropriate  access"  and  "real  time"
 45    shall  have  such  meanings as the terms are defined in section 33-1001, Idaho
 46    Code.
 47        18. To provide support for teachers in their first year in  the    profes-
 48    sion.
                                                                        
 49        SECTION  2.  That  Section  33-514, Idaho Code, be, and the same is hereby
 50    amended to read as follows:
                                                                        
 51        33-514.  ISSUANCE OF ANNUAL CONTRACTS -- SUPPORT PROGRAMS -- CATEGORIES OF
 52    CONTRACTS -- OPTIONAL PLACEMENT. (1) The board  of  trustees  shall  establish
 53    criteria  and  procedures  for  the supervision and evaluation of certificated
                                                                        
                                           4
                                                                        
  1    employees who are not employed on a renewable contract,  as  provided  for  in
  2    section 33-515, Idaho Code.
  3        (2)  Each  school  district  shall have a support program for certificated
  4    employees who are experiencing their first three (3) years with the  district,
  5    under a category 1, 2 or 3 contract, providing support in the areas of: admin-
  6    istrative and supervisory support, mentoring, peer assistance and professional
  7    development.  In  developing support programs, nothing shall prevent districts
  8    from joining together to formulate a joint program applicable to  each  member
  9    district.  Programs shall be submitted for approval to the state department of
 10    education in accordance with procedures established  by  the  department.  The
 11    state department of education is hereby authorized and directed to:
 12        (a)  Formulate  basic  guidelines which districts shall use as a model for
 13        developing district programs;
 14        (b)  Approve school district support programs; and
 15        (c)  Establish procedures for districts to submit programs  for  approval,
 16        to  provide  for  periodic  review of previously approved programs, and to
 17        allow districts to amend previously approved programs.
 18        (3)  There shall be three (3) categories of annual contracts available  to
 19    local school districts under which to employ certificated personnel:
 20        (a)  A  category  1 contract is a limited one-year contract as provided in
 21        section 33-514A, Idaho Code.
 22        (b)  A category 2 contract is for certificated personnel in the first  and
 23        second years of continuous employment with the same school district. While
 24        employed  under  a category 2 contract, the employee shall be provided the
 25        services of the district support program referenced in subsection  (2)  of
 26        this  section.  Upon  the decision by a local school board not to reemploy
 27        the person for the following year, the certificated employee shall be pro-
 28        vided a written statement of reasons for non-reemployment by no later than
 29        May 25. No property rights shall attach  to  a  category  2  contract  and
 30        therefore  the  employee  shall  not  be entitled to a review by the local
 31        board of the reasons or decision not to reemploy.
 32        (c)  A category 3 contract is for certificated personnel during the  third
 33        year of continuous employment by the same school district. District proce-
 34        dures  shall require at least one (1) evaluation prior to the beginning of
 35        the second semester of the school year and the results of any such evalua-
 36        tion shall be made a matter of record in the  employee's  personnel  file.
 37        When  any  such  employee's  work  is found to be unsatisfactory a defined
 38        period of probation shall be established by the  board,  but  in  no  case
 39        shall a probationary period be less than eight (8) weeks. After the proba-
 40        tionary  period,  action  shall  be  taken  by the board as to whether the
 41        employee is to be retained, immediately discharged, discharged upon termi-
 42        nation of the current contract or reemployed at the end  of  the  contract
 43        term under a continued probationary status. Notwithstanding the provisions
 44        of  sections 67-2344 and 67-2345, Idaho Code, a decision to place certifi-
 45        cated personnel on probationary status may be made  in  executive  session
 46        and  the   employee  shall  not be named in the  minutes of the meeting. A
 47        record of the decision shall be placed in the employee's  personnel  file.
 48        This  procedure shall not preclude recognition of unsatisfactory work at a
 49        subsequent evaluation and the establishment of a reasonable period of pro-
 50        bation. In all instances, the employee shall be duly notified  in  writing
 51        of the areas of work which are deficient, including the conditions of pro-
 52        bation.  Each such certificated employee on a category 3 contract shall be
 53        given notice, in writing, whether he or she will  be  reemployed  for  the
 54        next  ensuing year. Such notice shall be given by the board of trustees no
 55        later than the twenty-fifth day of May of each such year. If the board  of
                                                                        
                                           5
                                                                        
  1        trustees  has  decided not to reemploy the certificated employee, then the
  2        notice must contain a statement of  reasons  for  such  decision  and  the
  3        employee  shall,  upon  request,  be given the opportunity for an informal
  4        review of such decision by the board of trustees.  The  parameters  of  an
  5        informal review shall be determined by the local board.
  6        (43)  School  districts  hiring an employee who has been on renewable con-
  7    tract status with another Idaho district or has out-of-state experience  which
  8    would  otherwise qualify the certificated employee for renewable contract sta-
  9    tus in Idaho, shall have the option to immediately  grant  renewable  contract
 10    status, or to place the employee on a category 3 annual contract. Such employ-
 11    ment  on  a category 3 contract under the provisions of this subsection may be
 12    for one (1), two (2) or three (3) years.
 13        (54)  There shall be a minimum of two (2) written evaluations in  each  of
 14    the annual contract years of employment, and at least one (1) evaluation shall
 15    be  completed before January 1 of each year. The provisions of this subsection
 16    (54) shall not apply to employees on a category 1 contract.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                                     Moved by    Goedde              
                                                                        
                                                     Seconded by Jorgenson           
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 315
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 3 of the printed bill, in line 47, delete  "year" and insert: "two
  3    (2) years"; in line 48, following "sion" insert: "in the areas of: administra-
  4    tive and supervisory support,  mentoring,  peer  assistance  and  professional
  5    development".
                                                                        
  6                                 CORRECTION TO TITLE
  7        On page 1, in line 4, delete "YEAR" and insert: "TWO YEARS".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                        HOUSE BILL NO. 315, As Amended in the Senate
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SUPPORT PROGRAMS FOR EMPLOYEES OF SCHOOL DISTRICTS; AMENDING  SEC-
  3        TION  33-512,  IDAHO  CODE,  TO  PROVIDE  ADDITIONAL  AUTHORITY  TO SCHOOL
  4        TRUSTEES TO PROVIDE SUPPORT FOR TEACHERS IN THEIR FIRST TWO YEARS  IN  THE
  5        PROFESSION;  AND  AMENDING  SECTION  33-514,  IDAHO  CODE,  TO  DELETE THE
  6        REQUIREMENT THAT SCHOOL DISTRICTS PROVIDE SUPPORT  PROGRAMS  FOR  CERTIFI-
  7        CATED EMPLOYEES DURING THEIR FIRST THREE YEARS WITH THE DISTRICT.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section  33-512, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        33-512.  GOVERNANCE OF SCHOOLS. The board of trustees of each school  dis-
 12    trict shall have the following powers and duties:
 13        1.  To  fix  the  days  of  the year and the hours of the day when schools
 14    shall be in session. However:
 15        (a)  Each school district shall annually adopt and implement a school cal-
 16        endar which provides its students at each grade level with  the  following
 17        minimum number of instructional hours:
 18                      Grades                             Hours
 19                       9-12                               990
 20                       4-8                                900
 21                       1-3                                810
 22                       K                                  450
                                                                        
 23        (b)  School  assemblies, testing and other instructionally related activi-
 24        ties involving students directly may be included in the required  instruc-
 25        tional hours.
 26        (c)  When  approved  by  a  local  school board, annual instructional hour
 27        requirements stated in paragraph (a) may be reduced as follows:
 28             (i)   Up to a total of twenty-two (22)  hours  to  accommodate  staff
 29             development  activities  conducted  on  such days as the local school
 30             board deems appropriate.
 31             (ii)  Up to a total of eleven (11) hours of emergency school closures
 32             due to adverse weather conditions and facility failures.
 33        However, transportation to and from school, passing times between classes,
 34        recess and lunch periods shall not be included.
 35        (d)  Student and staff activities related to the opening  and  closing  of
 36        the  school  year,  grade reporting, program planning, staff meetings, and
 37        other classroom and building management activities shall not be counted as
 38        instructional time or in the reductions provided in  paragraph  (c)(i)  of
 39        this section.
 40        (e)  For  multiple  shift programs, this rule applies to each shift (i.e.,
 41        each student must have access to the  minimum  annual  required  hours  of
 42        instructions).
                                                                        
                                           2
                                                                        
  1        (f)  The  instructional  time  requirement  for  grade  12 students may be
  2        reduced by action of a local school board for an amount  of  time  not  to
  3        exceed eleven (11) hours of instructional time.
  4        (g)  The state superintendent of public instruction may grant an exemption
  5        from  the  provisions  of this section for an individual building within a
  6        district, when the closure of that building, for unforeseen circumstances,
  7        does not affect the attendance of other buildings within the district.
  8        2.  To adopt and carry on, and provide for the financing of, a total  edu-
  9    cational  program  for  the  district.  Such programs in other than elementary
 10    school districts may include education programs for  out-of-school  youth  and
 11    adults; and such districts may provide classes in kindergarten;
 12        3.  To  provide, or require pupils to be provided with, suitable textbooks
 13    and supplies, and for advice on textbook selections  may  appoint  a  textbook
 14    adoption committee as provided in section 33-512A, Idaho Code;
 15        4.  To protect the morals and health of the pupils;
 16        5.  To exclude from school, children not of school age;
 17        6.  To  prescribe  rules  for  the disciplining of unruly or insubordinate
 18    pupils, such rules to be included in a district discipline code adopted by the
 19    board of trustees and a summarized version thereof to be provided  in  writing
 20    at  the beginning of each school year to the teachers and students in the dis-
 21    trict in a manner consistent with the student's age, grade and level  of  aca-
 22    demic achievement;
 23        7.  To  exclude from school, pupils with contagious or infectious diseases
 24    who are diagnosed or suspected as having a contagious or infectious disease or
 25    those who are not immune and have been exposed to a contagious  or  infectious
 26    disease;  and  to  close school on order of the state board of health or local
 27    health authorities;
 28        8.  To equip and maintain a suitable library or libraries in the school or
 29    schools and to exclude therefrom, and from the  schools,  all  books,  tracts,
 30    papers, and catechisms of sectarian nature;
 31        9.  To  determine  school  holidays.  Any listing of school holidays shall
 32    include not less than the following: New Year's Day,  Memorial  Day,  Indepen-
 33    dence  Day,  Thanksgiving Day, and Christmas Day. Other days listed in section
 34    73-108, Idaho Code, if the same shall fall on a school day, shall be  observed
 35    with  appropriate  ceremonies;  and  any days the state board of education may
 36    designate, following the proclamation by the governor, shall be  school  holi-
 37    days;
 38        10. To erect and maintain on each schoolhouse or school grounds a suitable
 39    flagstaff  or  flagpole,  and display thereon the flag of the United States of
 40    America on all days, except during inclement weather, when the  school  is  in
 41    session;  and  for each Veterans Day, each school in session shall conduct and
 42    observe an appropriate program of at least one (1)  class  period  remembering
 43    and honoring American veterans;
 44        11. To  prohibit  entrance  to each schoolhouse or school grounds, to pro-
 45    hibit loitering in schoolhouses or on school grounds and to  provide  for  the
 46    removal from each schoolhouse or school grounds of any individual or individu-
 47    als  who disrupt the educational processes or whose presence is detrimental to
 48    the morals, health, safety, academic learning or discipline of the  pupils.  A
 49    person  who  disrupts the educational process or whose presence is detrimental
 50    to the morals, health, safety, academic learning or discipline of  the  pupils
 51    or  who  loiters  in  schoolhouses or on school grounds, is guilty of a misde-
 52    meanor.
 53        12. To supervise and regulate,  including  by  contract  with  established
 54    entities,  those extracurricular activities which are by definition outside of
 55    or in addition to the regular academic  courses  or  curriculum  of  a  public
                                                                        
                                           3
                                                                        
  1    school,  and  which extracurricular activities shall not be considered to be a
  2    property, liberty or contract right of any student, and  such  extracurricular
  3    activities  shall  not be deemed a necessary element of a public school educa-
  4    tion, but shall be considered to be a privilege.
  5        13. To govern the school district in compliance with state law  and  rules
  6    of the state board of education.
  7        14. To  submit  to the superintendent of public instruction not later than
  8    July 1 of each year documentation which meets the  reporting  requirements  of
  9    the  federal  gun-free  schools  act  of  1994 as contained within the federal
 10    improving America's schools act of 1994.
 11        15. To require that all persons hired for the first time by  the  district
 12    or who have been in the employ of the district five (5) years or less, undergo
 13    a  criminal  history check as provided in section 33-130, Idaho Code. All such
 14    employees who are required to undergo a criminal history  check  shall  obtain
 15    the  history  check  within  three  (3)  months of starting employment, or for
 16    employees with five (5) years or less with  the  district,  within  three  (3)
 17    months from the date such employee is notified that he must undergo a criminal
 18    history  check.  Such  employees  shall  pay  the cost of the criminal history
 19    check. If the criminal history check shows that the  employee  has  been  con-
 20    victed  of  a felony crime enumerated in section 33-1208, Idaho Code, it shall
 21    be grounds for immediate termination, dismissal or other personnel  action  of
 22    the  district,  except  that  it  shall be the right of the school district to
 23    evaluate whether an individual convicted of one (1) of these crimes and having
 24    been incarcerated for that crime shall be hired. The district may require  any
 25    or  all persons who have been employed continuously with the same district for
 26    more than five (5) years, to undergo a criminal history check as  provided  in
 27    section 33-130, Idaho Code. If the district elects to require criminal history
 28    checks  of  such  employees,  the district shall pay the costs of the criminal
 29    history check or reimburse employees for such cost. A substitute  teacher  who
 30    has  undergone  a criminal history check at the request of one (1) district in
 31    which he has been employed as a substitute shall not be required to undergo an
 32    additional criminal history check at the request  of  any  other  district  in
 33    which  he  is  employed as a substitute if the teacher has obtained a criminal
 34    history check within the previous three  (3)  years.   If  the  district  next
 35    employing  the  substitute  still  elects  to require another criminal history
 36    check within the three (3) year period, that district shall pay  the  cost  of
 37    the criminal history check or reimburse the substitute teacher for such cost.
 38        16. Each  board  of trustees of a school district shall be responsible for
 39    developing a system for registering volunteers or contractors consistent  with
 40    maintaining a safe environment for their students.
 41        17. To  ensure  that  each  school district, including specially chartered
 42    school districts, participates in the  Idaho  student  information  management
 43    system  (ISIMS)  to the full extent of its availability. The terms "Idaho stu-
 44    dent information management system,"  "appropriate  access"  and  "real  time"
 45    shall  have  such  meanings as the terms are defined in section 33-1001, Idaho
 46    Code.
 47        18. To provide support for teachers in their first two (2)  years  in  the
 48    profession in the areas of: administrative and supervisory support, mentoring,
 49    peer assistance and professional development.
                                                                        
 50        SECTION  2.  That  Section  33-514, Idaho Code, be, and the same is hereby
 51    amended to read as follows:
                                                                        
 52        33-514.  ISSUANCE OF ANNUAL CONTRACTS -- SUPPORT PROGRAMS -- CATEGORIES OF
 53    CONTRACTS -- OPTIONAL PLACEMENT. (1) The board  of  trustees  shall  establish
                                                                        
                                           4
                                                                        
  1    criteria  and  procedures  for  the supervision and evaluation of certificated
  2    employees who are not employed on a renewable contract,  as  provided  for  in
  3    section 33-515, Idaho Code.
  4        (2)  Each  school  district  shall have a support program for certificated
  5    employees who are experiencing their first three (3) years with the  district,
  6    under a category 1, 2 or 3 contract, providing support in the areas of: admin-
  7    istrative and supervisory support, mentoring, peer assistance and professional
  8    development.  In  developing support programs, nothing shall prevent districts
  9    from joining together to formulate a joint program applicable to  each  member
 10    district.  Programs shall be submitted for approval to the state department of
 11    education in accordance with procedures established  by  the  department.  The
 12    state department of education is hereby authorized and directed to:
 13        (a)  Formulate  basic  guidelines which districts shall use as a model for
 14        developing district programs;
 15        (b)  Approve school district support programs; and
 16        (c)  Establish procedures for districts to submit programs  for  approval,
 17        to  provide  for  periodic  review of previously approved programs, and to
 18        allow districts to amend previously approved programs.
 19        (3)  There shall be three (3) categories of annual contracts available  to
 20    local school districts under which to employ certificated personnel:
 21        (a)  A  category  1 contract is a limited one-year contract as provided in
 22        section 33-514A, Idaho Code.
 23        (b)  A category 2 contract is for certificated personnel in the first  and
 24        second years of continuous employment with the same school district. While
 25        employed  under  a category 2 contract, the employee shall be provided the
 26        services of the district support program referenced in subsection  (2)  of
 27        this  section.  Upon  the decision by a local school board not to reemploy
 28        the person for the following year, the certificated employee shall be pro-
 29        vided a written statement of reasons for non-reemployment by no later than
 30        May 25. No property rights shall attach  to  a  category  2  contract  and
 31        therefore  the  employee  shall  not  be entitled to a review by the local
 32        board of the reasons or decision not to reemploy.
 33        (c)  A category 3 contract is for certificated personnel during the  third
 34        year of continuous employment by the same school district. District proce-
 35        dures  shall require at least one (1) evaluation prior to the beginning of
 36        the second semester of the school year and the results of any such evalua-
 37        tion shall be made a matter of record in the  employee's  personnel  file.
 38        When  any  such  employee's  work  is found to be unsatisfactory a defined
 39        period of probation shall be established by the  board,  but  in  no  case
 40        shall a probationary period be less than eight (8) weeks. After the proba-
 41        tionary  period,  action  shall  be  taken  by the board as to whether the
 42        employee is to be retained, immediately discharged, discharged upon termi-
 43        nation of the current contract or reemployed at the end  of  the  contract
 44        term under a continued probationary status. Notwithstanding the provisions
 45        of  sections 67-2344 and 67-2345, Idaho Code, a decision to place certifi-
 46        cated personnel on probationary status may be made  in  executive  session
 47        and  the   employee  shall  not be named in the  minutes of the meeting. A
 48        record of the decision shall be placed in the employee's  personnel  file.
 49        This  procedure shall not preclude recognition of unsatisfactory work at a
 50        subsequent evaluation and the establishment of a reasonable period of pro-
 51        bation. In all instances, the employee shall be duly notified  in  writing
 52        of the areas of work which are deficient, including the conditions of pro-
 53        bation.  Each such certificated employee on a category 3 contract shall be
 54        given notice, in writing, whether he or she will  be  reemployed  for  the
 55        next  ensuing year. Such notice shall be given by the board of trustees no
                                                                        
                                           5
                                                                        
  1        later than the twenty-fifth day of May of each such year. If the board  of
  2        trustees  has  decided not to reemploy the certificated employee, then the
  3        notice must contain a statement of  reasons  for  such  decision  and  the
  4        employee  shall,  upon  request,  be given the opportunity for an informal
  5        review of such decision by the board of trustees.  The  parameters  of  an
  6        informal review shall be determined by the local board.
  7        (43)  School  districts  hiring an employee who has been on renewable con-
  8    tract status with another Idaho district or has out-of-state experience  which
  9    would  otherwise qualify the certificated employee for renewable contract sta-
 10    tus in Idaho, shall have the option to immediately  grant  renewable  contract
 11    status, or to place the employee on a category 3 annual contract. Such employ-
 12    ment  on  a category 3 contract under the provisions of this subsection may be
 13    for one (1), two (2) or three (3) years.
 14        (54)  There shall be a minimum of two (2) written evaluations in  each  of
 15    the annual contract years of employment, and at least one (1) evaluation shall
 16    be  completed before January 1 of each year. The provisions of this subsection
 17    (54) shall not apply to employees on a category 1 contract.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15128

The purpose of this legislation is to amend Idaho Code 33-512 to
include a power and duty for school districts to provide support
for teachers in their first year of the profession, and to amend
Idaho Code 33-514 to eliminate the statutory requirement that
districts' provide support programs for teachers during their
first three years, to eliminate the Department of Education's
charge to develop guidelines and procedures for a district
teacher support program, and to uncouple the district teacher
support requirement from the issuance of district employment
contracts.



                           FISCAL NOTE

There is no fiscal impact on the general fund.




Contact
Name:  Dr. Cliff Green, Idaho School Boards Association 
Phone: 854-1476


STATEMENT OF PURPOSE/FISCAL NOTE                       H 315