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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
]]]] 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.
]]]] 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".
]]]] 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
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