2005 Idaho Code - 33-513 — PROFESSIONAL PERSONNEL

                                  TITLE  33
                                  EDUCATION
                                  CHAPTER 5
                              DISTRICT TRUSTEES
    33-513.  PROFESSIONAL PERSONNEL. The board of trustees of each school
district including any specially chartered district, shall have the following
powers and duties:
    1.  To employ professional personnel, on written contract in form approved
by the state superintendent of public instruction, conditioned upon a valid
certificate being held by such professional personnel at the time of entering
upon the duties thereunder. Should the board of trustees fail to enter into
written contract for the employment of any such person, the state
superintendent of public instruction shall withhold ensuing apportionments
until such written contract be entered into. When the board of trustees has
delivered a proposed contract for the next ensuing year to any such person,
such person shall have a period of time to be determined by the board of
trustees in its discretion, but in no event less than ten (10) days from the
date the contract is delivered, in which to sign the contract and return it to
the board. Delivery of a contract may be made only in person or by certified
mail, return receipt requested. When delivery is made in person, delivery of
the contract must be acknowledged by a signed receipt. When delivery is made
by certified mail, delivery must be acknowledged by the return of the
certified mail receipt from the person to whom the contract was sent. Should
the person willfully refuse to acknowledge receipt of the contract or the
contract is not signed and returned to the board in the designated period of
time, the board may declare the position vacant.
    The board of trustees shall withhold the salary of any teacher who does
not hold a teaching certificate valid in this state. It shall not contract to
require any teacher to make up time spent in attending any meeting called by
the state board of education or by the state superintendent of public
instruction; nor while attending regularly scheduled official meetings of the
state teachers' association.
    2.  In the case of school districts other than elementary school
districts, to employ a superintendent of schools for a term not to exceed
three (3) years, who shall be the executive officer of the board of trustees
with such powers and duties as the board may prescribe. The superintendent
shall also act as the authorized representative of the district whenever such
is required, unless some other person shall be named by the board of trustees
to act as its authorized representative. The board of trustees shall conduct
an annual, written formal evaluation of the work of the superintendent of the
district. The evaluation shall indicate the strengths and weaknesses of the
superintendent's job performance in the year immediately preceding the
evaluation and areas where improvement in the superintendent's job
performance, in the view of the board of trustees, is called for.
    3.  To employ through written contract principals who shall hold a valid
certificate appropriate to the position for which they are employed, who shall
supervise the operation and management of the school in accordance with the
policies established by the board of trustees and who shall be under the
supervision of the superintendent.
    4.  To employ assistant superintendents and principals for a term not to
exceed two (2) years. Service performed under such contract shall be included
in meeting the provisions of section 33-515, Idaho Code, as a teacher and
persons eligible for a renewable contract as a teacher shall retain such
eligibility.
    5.  To suspend, grant leave of absence, place on probation or discharge
certificated professional personnel for a material violation of any lawful
rules or regulations of the board of trustees or of the state board of
education, or for any conduct which could constitute grounds for revocation of
a teaching certificate.  Any certificated professional employee, except the
superintendent, may be discharged during a contract term under the following
procedures:
    (a)  The superintendent or any other duly authorized administrative
    officer of the school district may recommend the discharge of any
    certificated employee by filing with the board of trustees written notice
    specifying the alleged reasons for discharge.
    (b)  Upon receipt of such notice the board acting through their duly
    authorized administrative official, shall give the affected employee
    written notice of the allegations and the recommendation of discharge,
    along with written notice of a hearing before the board prior to any
    determination by the board of the truth of the allegations.
    (c)  The hearing shall be scheduled to take place not less than six (6)
    days nor more than twenty-one (21) days after receipt of the notice by the
    employee. The date provided for the hearing may be changed by mutual
    consent.
    (d)  The hearing shall be public unless the employee requests in writing
    that it be in executive session.
    (e)  All testimony at the hearing shall be given under oath or
    affirmation. Any member of the board, or the clerk of the board, may
    administer oaths to witnesses or affirmations by witnesses.
    (f)  The employee may be represented by legal counsel and/or by a
    representative of a local or state teachers association.
    (g)  The chairman of the board or the designee of the chairman shall
    conduct the hearing.
    (h)  The board shall cause an electronic record of the hearing to be made
    or shall employ a competent reporter to take stenographic or stenotype
    notes of all the testimony at the hearing. A transcript of the hearing
    shall be provided at cost by the board upon request of the employee.
    (i)  At the hearing the superintendent or other duly authorized
    administrative officer shall present evidence to substantiate the
    allegations contained in such notice.
    (j)  The employee may produce evidence to refute the allegations. Any
    witness presented by the superintendent or by the employee shall be
    subject to cross-examination. The board may also examine witnesses and be
    represented by counsel.
    (k)  The affected employee may file written briefs and arguments with the
    board within three (3) days after the close of the hearing or such other
    time as may be agreed upon by the affected employee and the board.
    (l)  Within fifteen (15) days following the close of the hearing, the
    board shall determine and, acting through their duly authorized
    administrative official, shall notify the employee in writing whether the
    evidence presented at the hearing established the truth of the allegations
    and whether the employee is to be retained, immediately discharged, or
    discharged upon termination of the current contract.