TITLE 33

EDUCATION

CHAPTER 5

DISTRICT TRUSTEES

33-514.  Issuance of annual contracts — Support programs — Categories of contracts — Optional placement. (1) The board of trustees shall establish criteria and procedures for the supervision and evaluation of certificated employees who are not employed on a renewable contract, as provided for in section 33-515, Idaho Code.

(2)  There shall be three (3) categories of annual contracts available to local school districts under which to employ certificated personnel:

(a)  A category 1 contract is a limited one (1) year contract as provided in section 33-514A, Idaho Code.

(b)  A category 2 contract is for certificated personnel in the first and second years of continuous employment with the same school district. Upon the decision by a local school board not to reemploy the person for the following year, the certificated employee shall be provided a written statement of reasons for non-reemployment by no later than the first day of July. No property rights shall attach to a category 2 contract and therefore the employee shall not be entitled to a review by the local board of the reasons or decision not to reemploy.

(c)  A category 3 contract is for certificated personnel during the third year of continuous employment by the same school district. Any employee who has not completed nontraditional route program requirements while on a three (3) year interim certificate and has reached a category 3 contract status may not advance beyond a category 3 contract status and will be held at the category 3 status, regardless of having been continuously employed by the same school district for more than three (3) years, until such time as the nontraditional route program requirements have been met and a five (5) year renewable certificate has been issued. When any category 3 contract employee’s work is found to be unsatisfactory, a defined period of probation shall be established by the board, but in no case shall a probationary period be less than eight (8) weeks. After the probationary period, action shall be taken by the board as to whether the employee is to be retained, immediately discharged, discharged upon termination of the current contract or reemployed at the end of the contract term under a continued probationary status. Notwithstanding the provisions of sections 74-205 and 74-206, Idaho Code, a decision to place certificated personnel on probationary status may be made in executive session and the employee shall not be named in the minutes of the meeting. A record of the decision shall be placed in the employee’s personnel file. This procedure shall not preclude recognition of unsatisfactory work at a subsequent evaluation and the establishment of a reasonable period of probation. In all instances, the employee shall be duly notified in writing of the areas of work that are deficient, including the conditions of probation. Each such certificated employee on a category 3 contract shall be given notice, in writing, whether he or she will be reemployed for the next ensuing year. Such notice shall be given by the board of trustees no later than the first day of July of each such year. If the board of trustees has decided not to reemploy the certificated employee, then the notice must contain a statement of reasons for such decision and the employee shall, upon request, be given the opportunity for an informal review of such decision by the board of trustees. The parameters of an informal review shall be determined by the local board.

(3)  School districts hiring an employee who has been on renewable contract status with another Idaho district, or has out-of-state experience which would otherwise qualify the certificated employee for renewable contract status in Idaho, shall have the option to immediately grant renewable contract status, or to place the employee on a category 3 annual contract. Such employment on a category 3 contract under the provisions of this subsection may be for one (1), two (2) or three (3) years.

(4)  There shall be a minimum of one (1) written evaluation in each of the annual contract years of employment, which shall be completed no later than June 1 of each year. The evaluation shall include a minimum of two (2) documented observations, one (1) of which shall be completed prior to January 1 of each year. The requirement to provide at least one (1) written evaluation does not exclude additional evaluations that may be performed. No civil action for money damages shall arise for failure to comply with the provisions of this subsection.

History:

[33-514, added 1984, ch. 286, sec. 9, p. 666; am. 2000, ch. 66, sec. 1, p. 148; am. 2005, ch. 340, sec. 2, p. 1064; am. 2013, ch. 298, sec. 2, p. 787; am. 2013, ch. 353, sec. 1, p. 954; am. 2015, ch.141, sec. 62, p. 423; am. 2016, ch. 191, sec. 2, p. 530; am. 2021, ch. 96, sec. 1, p. 325.]