Bill Text
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LEGISLATURE OF THE STATE OF IDAHO
||||
Fifty-sixth Legislature
First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1061
BY EDUCATION COMMITTEE
1
AN ACT
2 RELATING TO CERTIFICATED EMPLOYEES; AMENDING
SECTION 33-514, IDAHO CODE, AS
3 AMENDED BY
SECTION 1, CHAPTER 66, LAWS OF 2000, TO AUTHORIZE CRITERIA TO
4 EVALUATE TEACHER
EFFECTIVENESS; AND AMENDING SECTION 33-515, IDAHO CODE,
5 TO AUTHORIZE CRITERIA
TO EVALUATE TEACHER EFFECTIVENESS.
6 Be It Enacted by the Legislature of the
State of Idaho:
7 SECTION 1.
That Section 33-514, Idaho Code, as amended by
Section 1,
8 Chapter 66, Laws of 2000, be, and the same
is hereby amended to read as fol-
9 lows:
10 33-514. ISSUANCE
OF ANNUAL CONTRACTS -- SUPPORT PROGRAMS -- CATEGORIES OF
11 CONTRACTS -- OPTIONAL
PLACEMENT. (1) The board of trustees shall establish
12 criteria and procedures for the supervision
and evaluation of certificated
13 employees who are not
employed on a renewable contract, as provided for in
14 section 33-515, Idaho Code. Criteria shall
include but are not limited to,
15 classroom management, adherence to
district adopted curriculum, parent commu-
16 nication, teacher effectiveness as evidenced
by student growth determined by
17 an assessment program based on district
curriculum, and professional conduct.
18 (2) Each
school district shall have a support program for certificated
19 employees who are experiencing their first
three (3) years with the district,
20 under a category 1, 2 or 3 contract, providing
support in the areas of: admin-
21 istrative and supervisory support, mentoring,
peer assistance and professional
22 development. In developing support
programs, nothing shall prevent districts
23 from joining together to formulate a joint
program applicable to each member
24 district. Programs shall be submitted
for approval to the state department of
25 education in accordance with procedures
established by the department. The
26 state department of education is hereby
authorized and directed to:
27 (a) Formulate
basic guidelines which districts shall use as a model for
28 developing district
programs;
29 (b) Approve
school district support programs; and
30 (c) Establish
procedures for districts to submit programs for approval,
31 to provide
for periodic review of previously approved programs, and to
32 allow districts
to amend previously approved programs.
33 (3) There
shall be three (3) categories of annual contracts available to
34 local school districts under which to employ
certificated personnel:
35 (a) A
category 1 contract is a limited one-year contract as provided in
36 section 33-514A,
Idaho Code.
37 (b) A category
2 contract is for certificated personnel in the first and
38 second years of
continuous employment with the same school district. While
39 employed under
a category 2 contract, the employee shall be provided the
40 services of the
district support program referenced in subsection (2) of
41 this section.
Upon the decision by a local school board not to reemploy
42 the person for the
following year, the certificated employee shall be pro-
43 vided a written
statement of reasons for non-reemployment by no later than
2
1 May 25. No property
rights shall attach to a category 2 contract
and
2 therefore
the employee shall not be entitled to a review
by the local
3 board of the reasons
or decision not to reemploy.
4 (c) A category
3 contract is for certificated personnel during the third
5 year of continuous
employment by the same school district. District proce-
6 dures shall
require at least one (1) evaluation prior to the beginning of
7 the second semester
of the school year and the results of any such evalua-
8 tion shall be made
a matter of record in the employee's personnel file.
9 When any
such employee's work is found to be unsatisfactory a
defined
10 period of probation
shall be established by the board, but in no
case
11 shall a probationary
period be less than eight (8) weeks. After the proba-
12 tionary period,
action shall be taken by the board as to whether
the
13 employee is to be
retained, immediately discharged, discharged upon termi-
14 nation of the current
contract or reemployed at the end of the contract
15 term under a continued
probationary status. Notwithstanding the provisions
16 of sections
67-2344 and 67-2345, Idaho Code, a decision to place certifi-
17 cated personnel
on probationary status may be made in executive session
18 and the
employee shall not be named in the minutes of the meeting.
A
19 record of the decision
shall be placed in the employee's personnel file.
20 This procedure
shall not preclude recognition of unsatisfactory work at a
21 subsequent evaluation
and the establishment of a reasonable period of pro-
22 bation. In all instances,
the employee shall be duly notified in writing
23 of the areas of
work which are deficient, including the conditions of pro-
24 bation. Each
such certificated employee on a category 3 contract shall be
25 given notice, in
writing, whether he or she will be reemployed for
the
26 next ensuing
year. Such notice shall be given by the board of trustees no
27 later than the twenty-fifth
day of May of each such year. If the board of
28 trustees has
decided not to reemploy the certificated employee, then the
29 notice must contain
a statement of reasons for such decision
and the
30 employee shall,
upon request, be given the opportunity for an informal
31 review of such decision
by the board of trustees. The parameters of an
32 informal review
shall be determined by the local board.
33 (4) School
districts hiring an employee who has been on renewable con-
34 tract status with another Idaho district
or has out-of-state experience which
35 would otherwise qualify the certificated
employee for renewable contract sta-
36 tus in Idaho, shall have the option to immediately
grant renewable contract
37 status, or to place the employee on a category
3 annual contract. Such employ-
38 ment on a category 3 contract
under the provisions of this subsection may be
39 for one (1), two (2) or three (3) years.
40 (5) There
shall be a minimum of two (2) written evaluations in each
of
41 the annual contract years of employment,
and at least one (1) evaluation shall
42 be completed before January 1 of each
year. The provisions of this subsection
43 (5) shall not apply to employees on a category
1 contract.
44 SECTION 2.
That Section 33-515, Idaho Code, be, and the same is
hereby
45 amended to read as follows:
46 33-515. ISSUANCE
OF RENEWABLE CONTRACTS. During the third full year of
47 continuous employment by the same school
district, including any specially
48 chartered district, each certificated employee
named in subsection 16. of sec-
49 tion 33-1001, Idaho Code, and each
school nurse and school librarian shall be
50 evaluated for a renewable contract and shall,
upon having been offered a con-
51 tract for the next ensuing year, having
given notice of acceptance of renewal
52 and upon signing a contract for a fourth
full year, be placed on a renewable
53 contract status with said school
district subject to the provisions included
3
1 in this chapter.
2 After the third
full year of employment and at least once annually, the
3 performance of each such
certificated employee, school nurse, or school
4 librarian shall be evaluated according to
criteria and procedures established
5 by the board of trustees in accordance with
general guidelines approved by the
6 state board of education.
Criteria shall include but are not limited to,
7 classroom management, adherence to district
adopted curriculum, parent commu-
8 nication, teacher effectiveness
as evidenced by student growth determined by
9 an assessment program based on district
curriculum, and professional conduct.
10 Except as otherwise provided,
that person shall have the right to automatic
11 renewal of contract by giving notice, in
writing, of acceptance of renewal.
12 Such notice shall be
given to the board of trustees of the school district
13 then employing such person not later than
the first day of June preceding the
14 expiration of the term of the
current contract. Except as otherwise provided
15 by this paragraph, the board of trustees
shall notify each person entitled to
16 be employed on a renewable contract
of the requirement that such person must
17 give the notice hereinabove and that failure
to do so may be interpreted by
18 the board as a declination of
the right to automatic renewal or the offer of
19 another contract. Such notification shall
be made, in writing, not later than
20 the fifteenth day of May,
in each year, except to those persons to whom the
21 board, prior to said date, has sent proposed
contracts for the next ensuing
22 year, or to whom the board has given the
notice required by this section.
23 Any contract
automatically renewed under the provisions of this section
24 shall be for the same length as the term
stated in the current contract and at
25 a salary no lower than that specified therein,
to which shall be added such
26 increments as may be determined by
the statutory or regulatory rights of such
27 employee by reason of training, service,
or performance.
28 Nothing herein shall
prevent the board of trustees from offering a renewed
29 contract increasing the salary of any certificated
person, or from reassigning
30 an administrative employee to a nonadministrative
position with appropriate
31 reduction of salary from the preexisting
salary level. In the event the board
32 of trustees reassigns an administrative
employee to a nonadministrative posi-
33 tion, the board shall
give written notice to the employee which contains a
34 statement of the reasons for the reassignment.
The employee, upon written
35 request to the board,
shall be entitled to an informal review of that deci-
36 sion. The process and procedure for the
informal review shall be determined by
37 the local board of trustees.
38 Before a board of
trustees can determine not to renew for reasons of an
39 unsatisfactory report of the performance
of any certificated person whose con-
40 tract would otherwise
be automatically renewed, or to renew the contract of
41 any such person at a reduced salary, such
person shall be entitled to a rea-
42 sonable period of probation.
This period of probation shall be preceded by a
43 written notice from the board of trustees
with reasons for such probationary
44 period and with provisions
for adequate supervision and evaluation of the
45 person's performance during the probationary
period. Such period of probation
46 shall not affect the person's renewable
contract status. Consideration of pro-
47 bationary status for certificated
personnel is consideration of the status of
48 an employee within the meaning of section
67-2345, Idaho Code, and may be held
49 in executive session. If the consideration
results in probationary status, the
50 individual on probation shall not be named
in the minutes of the meeting. A
51 record of the decision shall be placed in
the teacher's personnel file.
52 If the
board of trustees takes action to immediately discharge or
dis-
53 charge upon termination of the current contract
a certificated person whose
54 contract would otherwise be automatically
renewed, or to renew the contract of
55 any such person at a reduced salary,
the action of the board shall be consis-
4
1 tent with the procedures specified in section
33-513(5), Idaho Code, and fur-
2 thermore, the board shall notify the employee
in writing whether there is just
3 and reasonable cause not to renew
the contract or to reduce the salary of the
4 affected employee, and if so, what reasons
it relied upon in that determina-
5 tion.
6 If the
board of trustees, for reasons other than unsatisfactory service,
7 for the ensuing contract year, determines
to change the length of the term
8 stated in the current contract, reduce the
salary or not renew the contract of
9 a certificated person whose contract would
otherwise be automatically renewed,
10 nothing herein shall require a probationary
period.
Amendment
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LEGISLATURE OF THE STATE OF IDAHO
||||
Fifty-sixth Legislature
First Regular Session - 2001
Moved by Dunklin
Seconded by Deide
IN THE SENATE
SENATE AMENDMENTS TO S.B. NO. 1061
1
AMENDMENT TO SECTION 1
2 On page 1 of the
printed bill, delete lines 14 through 17 and
insert:
3 "section 33-515, Idaho Code. Evaluation
criteria for general classroom teach-
4 ers and principals shall include, but is
not limited to, classroom management,
5 adherence to district adopted
curriculum, parental communication, teacher
6 effectiveness as evidenced by student
progress based on criteria agreed to by
7 school board trustees, administrators and
teachers, and professional conduct
8 as outlined in the code of ethics
of the Idaho teaching profession adopted by
9 the professional standards commission and
the state board of education.".
10
AMENDMENT TO SECTION 2
11 On page 3, delete
lines 6 through 9 and insert: "state board of education.
12 Evaluation criteria for general
classroom teachers and principals shall
13 include, but is not limited
to, classroom management, adherence to district
14 adopted curriculum, parental communication,
teacher effectiveness as evidenced
15 by student progress based on criteria agreed
to by school board trustees,
16 administrators and teachers, and professional
conduct as outlined in the code
17 of ethics of the Idaho teaching profession
adopted by the professional stan-
18 dards commission and the state board of
education.".
19
CORRECTIONS TO TITLE
20 On page 1,
in line 4, following "TEACHER" insert: "AND PRINCIPAL"; and in
21 line 5, following "TEACHER" insert: "AND
PRINCIPAL".
Engrossed Bill (Original Bill with Amendment(s) Incorporated)
||||
LEGISLATURE OF THE STATE OF IDAHO
||||
Fifty-sixth Legislature
First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1061, As Amended
BY EDUCATION COMMITTEE
1
AN ACT
2 RELATING TO CERTIFICATED EMPLOYEES; AMENDING
SECTION 33-514, IDAHO CODE, AS
3 AMENDED BY
SECTION 1, CHAPTER 66, LAWS OF 2000, TO AUTHORIZE CRITERIA TO
4 EVALUATE TEACHER
AND PRINCIPAL EFFECTIVENESS; AND AMENDING SECTION 33-515,
5 IDAHO CODE, TO AUTHORIZE
CRITERIA TO EVALUATE TEACHER AND PRINCIPAL EFFEC-
6 TIVENESS.
7 Be It Enacted by the Legislature of the
State of Idaho:
8 SECTION 1.
That Section 33-514, Idaho Code, as amended by
Section 1,
9 Chapter 66, Laws of 2000, be,
and the same is hereby amended to read as fol-
10 lows:
11 33-514. ISSUANCE
OF ANNUAL CONTRACTS -- SUPPORT PROGRAMS -- CATEGORIES OF
12 CONTRACTS -- OPTIONAL PLACEMENT. (1) The
board of trustees shall establish
13 criteria and procedures
for the supervision and evaluation of certificated
14 employees who are not employed on a renewable
contract, as provided for in
15 section 33-515, Idaho Code. Evaluation criteria
for general classroom teachers
16 and principals shall include,
but is not limited to, classroom management,
17 adherence to district adopted
curriculum, parental communication, teacher
18 effectiveness as evidenced by student
progress based on criteria agreed to by
19 school board trustees, administrators and
teachers, and professional conduct
20 as outlined in the code of ethics
of the Idaho teaching profession adopted by
21 the professional standards commission and
the state board of education.
22 (2) Each school
district shall have a support program for certificated
23 employees who are experiencing their
first three (3) years with the district,
24 under a category 1, 2 or 3 contract, providing
support in the areas of: admin-
25 istrative and supervisory support, mentoring,
peer assistance and professional
26 development. In developing support programs,
nothing shall prevent districts
27 from joining together to formulate
a joint program applicable to each member
28 district. Programs shall be submitted for
approval to the state department of
29 education in accordance
with procedures established by the department. The
30 state department of education is hereby
authorized and directed to:
31 (a) Formulate
basic guidelines which districts shall use as a model for
32 developing district
programs;
33 (b) Approve
school district support programs; and
34 (c) Establish
procedures for districts to submit programs for approval,
35 to provide for periodic
review of previously approved programs, and to
36 allow districts
to amend previously approved programs.
37 (3) There
shall be three (3) categories of annual contracts available to
38 local school districts under which to employ
certificated personnel:
39 (a) A category
1 contract is a limited one-year contract as provided in
40 section 33-514A,
Idaho Code.
41 (b) A
category 2 contract is for certificated personnel in the first and
42 second years of
continuous employment with the same school district. While
43 employed under a
category 2 contract, the employee shall be provided the
2
1 services of
the district support program referenced in subsection (2) of
2 this section. Upon
the decision by a local school board not to reemploy
3 the person for the
following year, the certificated employee shall be pro-
4 vided a written
statement of reasons for non-reemployment by no later than
5 May 25.
No property rights shall attach to a category 2
contract and
6 therefore the employee
shall not be entitled to a review by the
local
7 board of the reasons
or decision not to reemploy.
8 (c) A
category 3 contract is for certificated personnel during the third
9 year of continuous
employment by the same school district. District proce-
10 dures shall require
at least one (1) evaluation prior to the beginning of
11 the second semester
of the school year and the results of any such evalua-
12 tion shall
be made a matter of record in the employee's personnel file.
13 When any such employee's
work is found to be unsatisfactory a defined
14 period of
probation shall be established by the board, but in no
case
15 shall a probationary
period be less than eight (8) weeks. After the proba-
16 tionary period,
action shall be taken by the board as to
whether the
17 employee is to be
retained, immediately discharged, discharged upon termi-
18 nation of
the current contract or reemployed at the end of the contract
19 term under a continued
probationary status. Notwithstanding the provisions
20 of sections 67-2344
and 67-2345, Idaho Code, a decision to place certifi-
21 cated personnel
on probationary status may be made in executive session
22 and the employee
shall not be named in the minutes of the meeting.
A
23 record of
the decision shall be placed in the employee's personnel file.
24 This procedure shall
not preclude recognition of unsatisfactory work at a
25 subsequent evaluation
and the establishment of a reasonable period of pro-
26 bation. In
all instances, the employee shall be duly notified in writing
27 of the areas of
work which are deficient, including the conditions of pro-
28 bation. Each such
certificated employee on a category 3 contract shall be
29 given notice,
in writing, whether he or she will be reemployed for the
30 next ensuing year.
Such notice shall be given by the board of trustees no
31 later than
the twenty-fifth day of May of each such year. If the board of
32 trustees has decided
not to reemploy the certificated employee, then the
33 notice must
contain a statement of reasons for such decision
and the
34 employee shall,
upon request, be given the opportunity for an informal
35 review of
such decision by the board of trustees. The parameters of an
36 informal review
shall be determined by the local board.
37 (4) School
districts hiring an employee who has been on renewable
con-
38 tract status with another Idaho district
or has out-of-state experience which
39 would otherwise qualify the certificated
employee for renewable contract sta-
40 tus in Idaho, shall have
the option to immediately grant renewable contract
41 status, or to place the employee on a category
3 annual contract. Such employ-
42 ment on a category 3 contract under the
provisions of this subsection may be
43 for one (1), two (2) or three (3) years.
44 (5) There
shall be a minimum of two (2) written evaluations in each of
45 the annual contract years of employment,
and at least one (1) evaluation shall
46 be completed before January 1 of each year.
The provisions of this subsection
47 (5) shall not apply to employees on a category
1 contract.
48 SECTION 2.
That Section 33-515, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 33-515. ISSUANCE
OF RENEWABLE CONTRACTS. During the third full year of
51 continuous employment by
the same school district, including any specially
52 chartered district, each certificated employee
named in subsection 16. of sec-
53 tion 33-1001, Idaho Code, and each school
nurse and school librarian shall be
3
1 evaluated for a renewable contract
and shall, upon having been offered a con-
2 tract for the next ensuing year, having
given notice of acceptance of renewal
3 and upon signing a contract
for a fourth full year, be placed on a renewable
4 contract status with said school district
subject to the provisions included
5 in this chapter.
6 After the
third full year of employment and at least once annually, the
7 performance of each such certificated
employee, school nurse, or school
8 librarian shall be evaluated according
to criteria and procedures established
9 by the board of trustees in accordance with
general guidelines approved by the
10 state board of education. Evaluation criteria
for general classroom teachers
11 and principals shall include,
but is not limited to, classroom management,
12 adherence to district adopted
curriculum, parental communication, teacher
13 effectiveness as evidenced by student
progress based on criteria agreed to by
14 school board trustees, administrators and
teachers, and professional conduct
15 as outlined in the code of ethics
of the Idaho teaching profession adopted by
16 the professional standards commission and
the state board of education. Except
17 as otherwise provided, that person shall
have the right to automatic renewal
18 of contract by giving
notice, in writing, of acceptance of renewal. Such
19 notice shall be given to the board of trustees
of the school district then
20 employing such person not later than the
first day of June preceding the expi-
21 ration of the term of
the current contract. Except as otherwise provided by
22 this paragraph, the board of trustees shall
notify each person entitled to be
23 employed on a renewable contract of the
requirement that such person must give
24 the notice hereinabove
and that failure to do so may be interpreted by the
25 board as a declination of the right to
automatic renewal or the offer of
26 another contract. Such notification
shall be made, in writing, not later than
27 the fifteenth day of May, in each year,
except to those persons to whom the
28 board, prior to said date,
has sent proposed contracts for the next ensuing
29 year, or to whom the board has given the
notice required by this section.
30 Any contract automatically
renewed under the provisions of this section
31 shall be for the same length as the term
stated in the current contract and at
32 a salary no lower than
that specified therein, to which shall be added such
33 increments as may be determined by the statutory
or regulatory rights of such
34 employee by reason of training, service,
or performance.
35 Nothing herein shall
prevent the board of trustees from offering a renewed
36 contract increasing the salary of any certificated
person, or from reassigning
37 an administrative employee
to a nonadministrative position with appropriate
38 reduction of salary from the preexisting
salary level. In the event the board
39 of trustees reassigns an administrative
employee to a nonadministrative posi-
40 tion, the board shall give written notice
to the employee which contains a
41 statement of the reasons
for the reassignment. The employee, upon written
42 request to the board, shall be entitled
to an informal review of that deci-
43 sion. The process and procedure for the
informal review shall be determined by
44 the local board of trustees.
45 Before a
board of trustees can determine not to renew for reasons of an
46 unsatisfactory report of the performance
of any certificated person whose con-
47 tract would otherwise be automatically renewed,
or to renew the contract of
48 any such person at a reduced
salary, such person shall be entitled to a rea-
49 sonable period of probation. This period
of probation shall be preceded by a
50 written notice from the board
of trustees with reasons for such probationary
51 period and with provisions for adequate
supervision and evaluation of the
52 person's performance during the probationary
period. Such period of probation
53 shall not affect the person's renewable
contract status. Consideration of pro-
54 bationary status for certificated personnel
is consideration of the status of
55 an employee within the meaning of section
67-2345, Idaho Code, and may be held
4
1 in executive session. If the consideration
results in probationary status, the
2 individual on probation
shall not be named in the minutes of the meeting. A
3 record of the decision shall be placed in
the teacher's personnel file.
4 If the board of
trustees takes action to immediately discharge or
dis-
5 charge upon termination
of the current contract a certificated person whose
6 contract would otherwise be automatically
renewed, or to renew the contract of
7 any such person at a reduced salary, the
action of the board shall be consis-
8 tent with the procedures specified
in section 33-513(5), Idaho Code, and fur-
9 thermore, the board shall notify the employee
in writing whether there is just
10 and reasonable cause not to renew the contract
or to reduce the salary of the
11 affected employee, and if so,
what reasons it relied upon in that determina-
12 tion.
13 If the board of
trustees, for reasons other than unsatisfactory service,
14 for the ensuing
contract year, determines to change the length of the term
15 stated in the current contract, reduce the
salary or not renew the contract of
16 a certificated person whose contract would
otherwise be automatically renewed,
17 nothing herein shall require a probationary
period.
Statement of Purpose / Fiscal Impact
STATEMENT OF PURPOSE
RS 10879
Currently, Idaho Code concerning the supervision of
renewable contract and the supervision of annual contract
teachers provides little direction to the local Board of
Trustees, except to say it shall be done. Consequently, nearly
all supervision and evaluation procedures are of a general input
nature rather than based on output or on what value did the
efforts of the teacher produce.
This legislation gives more specific direction to the local
Board of Trustees as to what must be included in the evaluation
of teachers. It directs attention to significant elements of
teacher success: Does the teacher properly manage the classroom?
Does the teacher adhere to the curriculum? Does the teacher
produce growth in students? This legislation does not limit
trustees in any way from adding additional elements to the
supervision and evaluation process.
FISCAL IMPACT
None.
Contact
Name: Senator Darrel Deide
Phone: 332 1345
STATEMENT OF PURPOSE/FISCAL NOTE S 1061