FINAL BILL REPORT

                   SB 5340

                          C 278 L 97

                      Synopsis as Enacted

Brief Description:  Changing probation provisions for certificated educational employees.

Sponsors:  Senators Hochstatter, Johnson, Zarelli, Oke and Finkbeiner.

Senate Committee on Education

House Committee on Education

Background:  School principals are responsible for evaluating the performance of classroom teachers and certificated support personnel at least twice each year.  Work judged to be unsatisfactory by district performance standards is grounds for probation.  Principals may delegate these evaluations to another individual.  The evaluator may ask another certificated employee to evaluate and aid the probationer to improve his or her work deficiency.

Under current law, district superintendents must notify employees of their probation by February 1 and such probation cannot extend beyond May 1.  The probation notice must be specific as to the areas of work deficiency, and a reasonable, suggested program for improvement must be offered.  Lack of necessary performance improvements thereafter is probable cause and grounds for discharge, or for not renewing an employee=s contract.

Summary:  The time frame governing the probation of a certificated school employee is modified.  Limits are placed on the transfer of assignment during the probationary period.  Options are created to reassign probationary employees for lack of subsequent performance improvements.

An employee may be placed on probation any time after October 15 for failure to meet district employee performance standards.  The probation is limited to 60 days.  During the period of probation, the employee may not transfer assignments and must remain under the supervision of the original evaluator.  Lack of necessary performance improvements by a certificated staff member during the 60 days of probation is probable cause and grounds for discharge, or for not renewing the employee=s contract.

If the probationary employee does not produce the necessary performance improvements, detailed in the initial notice, then after 60 days has expired, the district may reassign that employee for the remainder of the school year.  Reassignments cannot displace another school employee nor should they adversely affect the compensation or benefits of the reassigned, nonperforming employee.  If reassignment is not possible, a district may choose to place the nonperforming employee on paid leave for the balance of the contract term.

Votes on Final Passage:

Senate 48 0

House     97 0 (House amended)

Senate    47 0 (Senate concurred)

Effective:  July 27, 1997