Idaho State Statutes - Idaho Attorney Directory

During the third full year of
continuous employment by the same school district, including any specially
chartered district, each certificated employee named in subsection 17. of
section 33-1001, Idaho Code, and each school nurse and school librarian shall
be evaluated for a renewable contract and shall, upon having been offered a
contract for the next ensuing year, having given notice of acceptance of
renewal and upon signing a contract for a fourth full year, be placed on a
renewable contract status with said school district subject to the provisions
included in this chapter.
After the third full year of employment and at least once annually, the
performance of each such certificated employee, school nurse, or school
librarian shall be evaluated according to criteria and procedures established
by the board of trustees in accordance with general guidelines approved by the
state board of education. Except as otherwise provided, that person shall have
the right to automatic renewal of contract by giving notice, in writing, of
acceptance of renewal. Such notice shall be given to the board of trustees of
the school district then employing such person not later than the first day of
June preceding the expiration of the term of the current contract. Except as
otherwise provided by this paragraph, the board of trustees shall notify each
person entitled to be employed on a renewable contract of the requirement that
such person must give the notice hereinabove and that failure to do so may be
interpreted by the board as a declination of the right to automatic renewal or
the offer of another contract. Such notification shall be made, in writing,
not later than the fifteenth day of May, in each year, except to those persons
to whom the board, prior to said date, has sent proposed contracts for the
next ensuing year, or to whom the board has given the notice required by this
section.
Any contract automatically renewed under the provisions of this section
shall be for the same length as the term stated in the current contract and at
a salary no lower than that specified therein, to which shall be added such
increments as may be determined by the statutory or regulatory rights of such
employee by reason of training, service, or performance.
Nothing herein shall prevent the board of trustees from offering a renewed
contract increasing the salary of any certificated person, or from reassigning
an administrative employee to a nonadministrative position with appropriate
reduction of salary from the preexisting salary level. In the event the board
of trustees reassigns an administrative employee to a nonadministrative
position, the board shall give written notice to the employee which contains a
statement of the reasons for the reassignment. The employee, upon written
request to the board, shall be entitled to an informal review of that
decision. The process and procedure for the informal review shall be
determined by the local board of trustees.
Before a board of trustees can determine not to renew for reasons of an
unsatisfactory report of the performance of any certificated person whose
contract would otherwise be automatically renewed, or to renew the contract of
any such person at a reduced salary, such person shall be entitled to a
reasonable period of probation. This period of probation shall be preceded by
a written notice from the board of trustees with reasons for such probationary
period and with provisions for adequate supervision and evaluation of the
person's performance during the probationary period. Such period of probation
shall not affect the person's renewable contract status. Consideration of
probationary status for certificated personnel is consideration of the status
of an employee within the meaning of section 67-2345, Idaho Code, and may be
held in executive session. If the consideration results in probationary
status, the individual on probation shall not be named in the minutes of the
meeting. A record of the decision shall be placed in the teacher's personnel
file.
If the board of trustees takes action to immediately discharge or
discharge upon termination of the current contract a certificated person whose
contract would otherwise be automatically renewed, or to renew the contract of
any such person at a reduced salary, the action of the board shall be
consistent with the procedures specified in section 33-513(5), Idaho Code, and
furthermore, the board shall notify the employee in writing whether there is
just and reasonable cause not to renew the contract or to reduce the salary of
the affected employee, and if so, what reasons it relied upon in that
determination.
If the board of trustees, for reasons other than unsatisfactory service,
for the ensuing contract year, determines to change the length of the term
stated in the current contract, reduce the salary or not renew the contract of
a certificated person whose contract would otherwise be automatically renewed,
nothing herein shall require a probationary period.

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