HOUSE BILL NO. 367

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H0367..........................................................by EDUCATION
STUDENT INFORMATION MANAGEMENT SYSTEM - Adds to and amends existing law to
authorize the State Board of Education to provide for and implement the
Idaho Student Information Management System; to provide that the board of
trustees of each school district shall ensure that the district
participates in the Idaho Student Information Management System to the full
extent of its availability; to define "Idaho Student Information Management
System," "appropriate access" and "real time"; and to provide for state
support of the Idaho Student Information Management System through the
educational support program beginning with fiscal year 2005-2006.
                                                                        
03/13    House intro - 1st rdg - to printing
03/14    Rpt prt - to Educ
03/17    Rpt out - rec d/p - to 2nd rdg
03/19    2nd rdg - to 3rd rdg
03/24    3rd rdg - PASSED - 64-3-3
      AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Bieter(Bieter),
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
      Eskridge, Field(18), Gagner, Garrett, Harwood, Henbest(Bray), Jaquet,
      Jones, Kellogg, Lake, Langford, Langhorst, Martinez, McGeachin,
      McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
      Raybould, Ridinger, Ring, Roberts, Robison, Rydalch, Sayler,
      Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,
      Snodgrass, Stevenson, Tilman, Trail, Wills, Mr. Speaker
      NAYS -- Barrett, Kulczyk, Sali
      Absent and excused -- Field(23), Ringo, Wood
    Floor Sponsors - Tilman & Andersen
    Title apvd - to Senate
03/25    Senate intro - 1st rdg - to Educ
04/02    Rpt out - rec d/p - to 2nd rdg
04/03    2nd rdg - to 3rd rdg
04/04    3rd rdg - PASSED - 30-3-2
      AYES -- Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta,
      Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
      Ingram, Kennedy, Little, Lodge, Malepeai, Marley, McKenzie,
      McWilliams, Noh, Richardson, Schroeder, Sorensen, Stegner, Stennett,
      Werk, Williams
      NAYS -- Keough, Pearce, Sweet
      Absent and excused -- Andreason, Noble
    Floor Sponsors - Schroeder, Gannon & Werk
    Title apvd - to House
04/07    To enrol
04/08    Rpt enrol - Sp signed
04/09    Pres signed
04/10    To Governor
04/15    Governor signed
         Session Law Chapter 299
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 367
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE IDAHO STUDENT INFORMATION MANAGEMENT SYSTEM; AMENDING  CHAPTER
  3        1,  TITLE  33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-120A, IDAHO
  4        CODE, TO AUTHORIZE THE STATE BOARD OF EDUCATION TO PROVIDE FOR AND  IMPLE-
  5        MENT  THE  IDAHO  STUDENT  INFORMATION MANAGEMENT SYSTEM; AMENDING SECTION
  6        33-512, IDAHO CODE, TO PROVIDE THAT THE BOARD OF TRUSTEES OF  EACH  SCHOOL
  7        DISTRICT  SHALL ENSURE THAT THE DISTRICT PARTICIPATES IN THE IDAHO STUDENT
  8        INFORMATION MANAGEMENT SYSTEM TO THE  FULL  EXTENT  OF  ITS  AVAILABILITY;
  9        AMENDING SECTION 33-1001, IDAHO CODE, TO DEFINE "IDAHO STUDENT INFORMATION
 10        MANAGEMENT SYSTEM," "APPROPRIATE ACCESS" AND "REAL TIME"; AMENDING SECTION
 11        33-1002,  IDAHO  CODE,  TO  PROVIDE FOR STATE SUPPORT OF THE IDAHO STUDENT
 12        INFORMATION MANAGEMENT SYSTEM  THROUGH  THE  EDUCATIONAL  SUPPORT  PROGRAM
 13        BEGINNING  WITH  FISCAL  YEAR  2005-2006; AND AMENDING SECTIONS 33-515 AND
 14        33-1004G, IDAHO CODE, TO PROVIDE CORRECT CODE REFERENCES.
                                                                        
 15    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 16        SECTION 1.  That Chapter 1, Title 33, Idaho Code,  be,  and  the  same  is
 17    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 18    ignated as Section 33-120A, Idaho Code, and to read as follows:
                                                                        
 19        33-120A.  IDAHO STUDENT INFORMATION MANAGEMENT SYSTEM. (1) The state board
 20    of education shall adopt rules pursuant to the provisions of chapter 52, title
 21    67, Idaho Code, and under authority of section 33-105, Idaho Code, to  provide
 22    for and implement the Idaho student information management system.
 23        (2)  The state board of education shall ensure that a state operated Idaho
 24    student  information  management  system which provides real time, appropriate
 25    access to educational data, is available and used by  all  Idaho  school  dis-
 26    tricts  including  specially  chartered school districts. The board shall also
 27    ensure that state agencies, parents and other parties with an interest in edu-
 28    cation have real time, appropriate access to the system  consistent  with  the
 29    user's role as determined by rule of the board.
 30        (3)  The terms "Idaho student information management system," "appropriate
 31    access"  and  "real time" shall have such meanings as the terms are defined in
 32    section 33-1001, Idaho Code.
                                                                        
 33        SECTION 2.  That Section 33-512, Idaho Code, be, and the  same  is  hereby
 34    amended to read as follows:
                                                                        
 35        33-512.  GOVERNANCE  OF SCHOOLS. The board of trustees of each school dis-
 36    trict shall have the following powers and duties:
 37        1.  To fix the days of the year and the hours  of  the  day  when  schools
 38    shall be in session. However:
 39        (a)  Each school district shall annually adopt and implement a school cal-
 40        endar  which  provides its students at each grade level with the following
 41        minimum number of instructional hours:
                                                                        
                                           2
                                                                        
  1                      Grades                             Hours
  2                       9-12                               990
  3                       4-8                                900
  4                       1-3                                810
  5                       K                                  450
                                                                        
  6        (b)  School assemblies, testing and other instructionally related  activi-
  7        ties  involving students directly may be included in the required instruc-
  8        tional hours.
  9        (c)  When approved by a local  school  board,  annual  instructional  hour
 10        requirements stated in paragraph (a) may be reduced as follows:
 11             (i)   Up  to  a  total  of twenty-two (22) hours to accommodate staff
 12             development activities conducted on such days  as  the  local  school
 13             board deems appropriate.
 14             (ii)  Up to a total of eleven (11) hours of emergency school closures
 15             due to adverse weather conditions and facility failures.
 16        However, transportation to and from school, passing times between classes,
 17        recess and lunch periods shall not be included.
 18        (d)  Student  and  staff  activities related to the opening and closing of
 19        the school year, grade reporting, program planning,  staff  meetings,  and
 20        other classroom and building management activities shall not be counted as
 21        instructional  time  or  in the reductions provided in paragraph (c)(i) of
 22        this section.
 23        (e)  For multiple shift programs, this rule applies to each  shift  (i.e.,
 24        each  student  must  have  access  to the minimum annual required hours of
 25        instructions).
 26        (f)  The instructional time requirement  for  grade  12  students  may  be
 27        reduced  by  action  of  a local school board for an amount of time not to
 28        exceed eleven (11) hours of instructional time.
 29        (g)  The state superintendent of public instruction may grant an exemption
 30        from the provisions of this section for an individual  building  within  a
 31        district, when the closure of that building, for unforeseen circumstances,
 32        does not affect the attendance of other buildings within the district.
 33        2.  To  adopt and carry on, and provide for the financing of, a total edu-
 34    cational program for the district. Such  programs  in  other  than  elementary
 35    school  districts  may  include education programs for out-of-school youth and
 36    adults; and such districts may provide classes in kindergarten;
 37        3.  To provide, or require pupils to be provided with, suitable  textbooks
 38    and  supplies,  and  for  advice on textbook selections may appoint a textbook
 39    adoption committee as provided in section 33-512A, Idaho Code;
 40        4.  To protect the morals and health of the pupils;
 41        5.  To exclude from school, children not of school age;
 42        6.  To prescribe rules for the disciplining  of  unruly  or  insubordinate
 43    pupils,    such  rules to be included in a district discipline code adopted by
 44    the board of trustees and a summarized version thereof to be provided in writ-
 45    ing at the beginning of each school year to the teachers and students  in  the
 46    district  in  a  manner  consistent with the student's age, grade and level of
 47    academic achievement;
 48        7.  To exclude from school, pupils with contagious or infectious  diseases
 49    who are diagnosed or suspected as having a contagious or infectious disease or
 50    those  who  are not immune and have been exposed to a contagious or infectious
 51    disease; and to close school on order of the state board of  health  or  local
 52    health authorities;
 53        8.  To equip and maintain a suitable library or libraries in the school or
 54    schools  and  to  exclude  therefrom, and from the schools, all books, tracts,
                                                                        
                                           3
                                                                        
  1    papers, and catechisms of sectarian nature;
  2        9.  To determine school holidays. Any listing  of  school  holidays  shall
  3    include  not  less  than the following: New Year's Day, Memorial Day, Indepen-
  4    dence Day, Thanksgiving Day, and Christmas Day. Other days listed  in  section
  5    73-108,  Idaho Code, if the same shall fall on a school day, shall be observed
  6    with appropriate ceremonies; and any days the state  board  of  education  may
  7    designate,  following  the proclamation by the governor, shall be school holi-
  8    days;
  9        10. To erect and maintain on each schoolhouse or school grounds a suitable
 10    flagstaff or flagpole, and display thereon the flag of the  United  States  of
 11    America  on  all  days, except during inclement weather, when the school is in
 12    session; and for each Veterans Day, each school in session shall  conduct  and
 13    observe  an  appropriate  program of at least one (1) class period remembering
 14    and honoring American veterans;
 15        11. To prohibit entrance to each schoolhouse or school  grounds,  to  pro-
 16    hibit  loitering  in  schoolhouses or on school grounds and to provide for the
 17    removal from each schoolhouse or school grounds of any individual or individu-
 18    als who disrupt the educational processes or whose presence is detrimental  to
 19    the  morals,  health, safety, academic learning or discipline of the pupils. A
 20    person who disrupts the educational process or whose presence  is  detrimental
 21    to  the  morals, health, safety, academic learning or discipline of the pupils
 22    or who loiters in schoolhouses or on school grounds, is  guilty  of  a  misde-
 23    meanor.
 24        12. To  supervise  and  regulate,  including  by contract with established
 25    entities, those extracurricular activities which are by definition outside  of
 26    or  in  addition  to  the  regular  academic courses or curriculum of a public
 27    school, and which extracurricular activities shall not be considered to  be  a
 28    property,  liberty  or contract right of any student, and such extracurricular
 29    activities shall not be deemed a necessary element of a public  school  educa-
 30    tion, but shall be considered to be a privilege.
 31        13. To  govern  the school district in compliance with state law and rules
 32    of the state board of education.
 33        14. To submit to the superintendent of public instruction not  later  than
 34    July  1  of  each year documentation which meets the reporting requirements of
 35    the federal gun-free schools act of  1994  as  contained  within  the  federal
 36    improving America's schools act of 1994.
 37        15. To  require  that all persons hired for the first time by the district
 38    or who have been in the employ of the district five (5) years or less, undergo
 39    a criminal history check as provided in section 33-130, Idaho Code.  All  such
 40    employees  who  are  required to undergo a criminal history check shall obtain
 41    the history check within three (3)  months  of  starting  employment,  or  for
 42    employees  with  five  (5)  years  or less with the district, within three (3)
 43    months from the date such employee is notified that he must undergo a criminal
 44    history check. Such employees  shall pay the  cost  of  the  criminal  history
 45    check.  If  the  criminal  history check shows that the employee has been con-
 46    victed of a felony crime enumerated in section 33-1208, Idaho Code,  it  shall
 47    be  grounds  for immediate termination, dismissal or other personnel action of
 48    the district, except that it shall be the right  of  the  school  district  to
 49    evaluate whether an individual convicted of one (1) of these crimes and having
 50    been  incarcerated for that crime shall be hired. The district may require any
 51    or all persons who have been employed continuously with the same district  for
 52    more  than  five (5) years, to undergo a criminal history check as provided in
 53    section 33-130, Idaho Code. If the district elects to require criminal history
 54    checks of such employees, the district shall pay the  costs  of  the  criminal
 55    history  check  or reimburse employees for such cost. A substitute teacher who
                                                                        
                                           4
                                                                        
  1    has undergone a criminal history check at the request of one (1)  district  in
  2    which he has been employed as a substitute shall not be required to undergo an
  3    additional  criminal  history  check  at  the request of any other district in
  4    which he is employed as a substitute if the teacher has  obtained  a  criminal
  5    history  check  within  the  previous  three  (3) years.  If the district next
  6    employing the substitute still elects  to  require  another  criminal  history
  7    check  within  the  three (3) year period, that district shall pay the cost of
  8    the criminal history check or reimburse the substitute teacher for such cost.
  9        16. Each board of trustees of a school district shall be  responsible  for
 10    developing  a system for registering volunteers or contractors consistent with
 11    maintaining a safe environment for their students.
 12        17. To ensure that each school  district,  including  specially  chartered
 13    school  districts,  participates  in  the Idaho student information management
 14    system (ISIMS) to the full extent of its availability. The terms  "Idaho  stu-
 15    dent  information  management  system,"  "appropriate  access" and "real time"
 16    shall have such meanings as the terms are defined in  section  33-1001,  Idaho
 17    Code.
                                                                        
 18        SECTION  3.  That  Section 33-1001, Idaho Code, be, and the same is hereby
 19    amended to read as follows:
                                                                        
 20        33-1001.  DEFINITIONS. The following words and phrases used in this  chap-
 21    ter are defined as follows:
 22        1.  "Administrative  schools"  means and applies to all elementary schools
 23    and kindergartens within a district that are situated ten (10) miles  or  less
 24    from both the other elementary schools and the principal administrative office
 25    of  the district and all secondary schools within a district that are situated
 26    fifteen (15) miles or less from other secondary schools of the district.
 27        2.  "Average daily attendance" or "pupils  in  average  daily  attendance"
 28    means  the  aggregate number of days enrolled students are present, divided by
 29    the number of days of school in the reporting period; provided, however,  that
 30    students  for  whom  no  Idaho school district is a home district shall not be
 31    considered in such computation.
 32        3.  "Elementary grades" or "elementary average daily attendance" means and
 33    applies to students enrolled in grades one (1) through six (6)  inclusive,  or
 34    any combination thereof.
 35        4.  "Elementary schools" are schools that serve grades one (1) through six
 36    (6) inclusive, or any combination thereof.
 37        5.  "Elementary/secondary  schools"  are schools that serve grades one (1)
 38    through twelve (12) inclusive, or any combination thereof.
 39        6.  "Homebound student" means any student who would normally and regularly
 40    attend school, but is confined to home or hospital because of  an  illness  or
 41    accident for a period of ten (10) or more consecutive days.
 42        7.  "Idaho  student information management system (ISIMS)" means a secure,
 43    centralized data system where public school information  is  stored,  accessed
 44    and  analyzed.  The  system  is  comprised  of  two  (2) parts: the first part
 45    includes a uniform package of software applications used by all public schools
 46    in Idaho for student related administrative functions. The  software  applica-
 47    tions  shall  handle  such  functions  as student scheduling, grade reporting,
 48    attendance, recordkeeping, student achievement and teacher resources; the sec-
 49    ond part is a data warehouse where public school data are stored and  contains
 50    a  number  of  report-generating  software  applications.  Related definitions
 51    within the context of ISIMS are:
 52        (a)  "Appropriate access"  means  secure,  legally  authorized  access  to
 53        information on the system consistent with the user's role as determined by
                                                                        
                                           5
                                                                        
  1        rule of the state board of education; and
  2        (b)  "Real time" means immediate access to current information on the sys-
  3        tem.
  4        8.  "Kindergarten"  or  "kindergarten  average daily attendance" means and
  5    applies to all students enrolled in a school year, less than school  year,  or
  6    summer kindergarten program.
  7        89.  "Public school district" or "school district" or "district" means any
  8    public  school district organized under the laws of this state, including spe-
  9    cially chartered school districts.
 10        910. "Secondary grades" or "secondary average daily attendance" means  and
 11    applies  to  students  enrolled in grades seven (7) through twelve (12) inclu-
 12    sive, or any combination thereof.
 13        101. "Secondary schools" are schools that serve grades seven  (7)  through
 14    twelve (12) inclusive, or any combination thereof.
 15        112. "Separate  elementary  school"  means an elementary school which mea-
 16    sured from itself, traveling on an all-weather road, is situated more than ten
 17    (10)  miles  distance  from   both   the   nearest   elementary   school   and
 18    elementary/secondary  school  serving  like grades within the same school dis-
 19    trict and from the location of the office of the superintendent of schools  of
 20    such  district, or from the office of the chief administrative officer of such
 21    district if the district employs no superintendent of schools.
 22        123. "Separate kindergarten" means  a  kindergarten  which  measured  from
 23    itself, traveling on an all-weather road, is situated more than ten (10) miles
 24    distance from both the nearest kindergarten school within the same school dis-
 25    trict  and from the location of the office of the superintendent of schools of
 26    such district, or from the office of the chief administrative officer of  such
 27    district if the district employs no superintendent of schools.
 28        134. "Separate  secondary  school"  means  any  secondary  school which is
 29    located more than fifteen (15) miles by an all-weather  road  from  any  other
 30    secondary  school and elementary/secondary school serving like grades operated
 31    by the district.
 32        145. "Support program" means the educational support program as  described
 33    in  section  33-1002, Idaho Code, the transportation support program described
 34    in section 33-1006, Idaho Code, and the exceptional education support  program
 35    as provided in section 33-1007, Idaho Code.
 36        156. "Support  unit"  means a function of average daily attendance used in
 37    the calculations to determine financial support  provided  the  public  school
 38    districts.
 39        167. "Teacher"  means  any  person  employed in a teaching, instructional,
 40    supervisory, educational administrative or educational and scientific capacity
 41    in any school district. In case of doubt the state board  of  education  shall
 42    determine whether any person employed requires certification as a teacher.
                                                                        
 43        SECTION  4.  That  Section 33-1002, Idaho Code, be, and the same is hereby
 44    amended to read as follows:
                                                                        
 45        33-1002.  EDUCATIONAL SUPPORT PROGRAM. The educational support program  is
 46    calculated as follows:
 47        1.  State  Educational Support Funds. Add the state appropriation, includ-
 48    ing the moneys available in the public school income fund, together  with  all
 49    miscellaneous revenues to determine the total state funds.
 50        2.  From  the  total state funds subtract the following amounts needed for
 51    state support of special programs provided by a school district:
 52        a.  Pupil tuition-equivalency allowances as provided in section  33-1002B,
 53        Idaho Code;
                                                                        
                                           6
                                                                        
  1        b.  Transportation  support  program as provided in section 33-1006, Idaho
  2        Code;
  3        c.  Feasibility studies allowance as provided in section  33-1007A,  Idaho
  4        Code;
  5        d.  The  approved costs for border district allowance, provided in section
  6        33-1403, Idaho Code, as determined by the state superintendent  of  public
  7        instruction;
  8        e.  The  approved costs for exceptional child approved contract allowance,
  9        provided in subsection 2. of section 33-2004, Idaho Code, as determined by
 10        the state superintendent of public instruction;
 11        f.  Certain expectant and delivered mothers allowance as provided in  sec-
 12        tion 33-2006, Idaho Code;
 13        g.  Salary-based  apportionment calculated as provided in sections 33-1004
 14        through 33-1004F, Idaho Code;
 15        h.  Unemployment insurance benefit payments according to the provisions of
 16        section 72-1349A, Idaho Code;
 17        i.  For programs to provide basic curricula necessary to  enable  students
 18        to  enter  academic or professional-technical postsecondary education pro-
 19        grams, an allocation of $300 per support unit for the 1994-95 school  year
 20        only;
 21        j.  For provision of teacher supplies to facilitate classroom instruction,
 22        an allocation of $200 per support unit for the 1994-95 school year only;
 23        k.  For  expenditure  as provided by the public school technology program,
 24        $10,400,000 for the 1994-95 school year;
 25        l.  For additional school innovation pilot project grants based on  recom-
 26        mendations  of  the  Idaho  school  reform  committee,  $2,000,000 for the
 27        1994-95 school year;
 28        mj.  For the support of provisions that provide a safe environment  condu-
 29        cive  to student learning and maintain classroom discipline, an allocation
 30        of $300 per support unit; and
 31        k.  For expenditure necessary to support  the  Idaho  student  information
 32        management  system  (ISIMS)  as  provided  in section 33-120A, Idaho Code,
 33        beginning with fiscal year 2005-2006  and  each  year  thereafter,  at  an
 34        amount  not  less than that expended by the state and the J.A. and Kathryn
 35        Albertson foundation combined, on operation of the project in fiscal  year
 36        2004-2005; and
 37        nl.  Any  additional  amounts as required by statute to effect administra-
 38        tive adjustments or as specifically required by the provisions of any bill
 39        of appropriation;
 40    to secure the state educational support funds.
 41        3.  Local  Districts'  Contribution  Calculation.  Without  including  any
 42    allowance as a credit for prepaid taxes as provided by section 63-1607,  Idaho
 43    Code,  the  local  districts'  contribution shall be four-tenths percent (.4%)
 44    during fiscal year 1994-95 and  each  year  thereafter,  of  the  total  state
 45    adjusted  market value for assessment purposes for the previous year with such
 46    value being determined by the provisions of section 63-315,  Idaho  Code,  and
 47    four-tenths percent (.4%) during fiscal year 1994-95 and each year thereafter,
 48    of  the  cooperative  electrical  associations' property values that have been
 49    derived from the taxes paid in lieu of ad valorem taxes for the previous  year
 50    as provided in section 63-3502, Idaho Code.
 51        4.  Educational  Support  Program  Distribution  Funds. Add the local dis-
 52    tricts' contribution, subsection 3. of this section, and the state educational
 53    support program funds, subsection 1. of this section, together to  secure  the
 54    total educational support program distribution funds.
 55        5.  Average  Daily  Attendance.  The  total state average daily attendance
                                                                        
                                           7
                                                                        
  1    shall be the sum of the average daily attendance of all  of  the  school  dis-
  2    tricts  of  the state. The state board of education shall establish rules set-
  3    ting forth the procedure to determine average daily attendance  and  the  time
  4    for, and method of, submission of such report. Average daily attendance calcu-
  5    lation  shall  be carried out to the nearest hundredth. Computation of average
  6    daily attendance shall also be governed by the provisions of section 33-1003A,
  7    Idaho Code.
  8        6.  Support Units. The total state support units shall  be  determined  by
  9    using  the tables set out hereafter called computation of kindergarten support
 10    units, computation of elementary support units, computation of secondary  sup-
 11    port  units,  computation of exceptional education support units, and computa-
 12    tion of alternative school secondary support units. The  sum  of  all  of  the
 13    total  support  units  of all school districts of the state shall be the total
 14    state support units.
 15                      COMPUTATION OF KINDERGARTEN SUPPORT UNITS
 16    Average Daily
 17    Attendance            Attendance Divisor         Units Allowed
 18    41 or more     ....   40.......................  1 or more as computed
 19    31 -  40.99 ADA....    -.......................  1
 20    26 -  30.99 ADA....    -.......................   .85
 21    21 -  25.99 ADA....    -.......................   .75
 22    16 -  20.99 ADA....    -.......................   .6
 23     8 -  15.99 ADA....    -.......................   .5
 24     1 -   7.99 ADA....    -.......................  count as elementary
                                                                        
 25                       COMPUTATION OF ELEMENTARY SUPPORT UNITS
 26    Average Daily
 27    Attendance            Attendance Divisor         Minimum Units Allowed
 28    300 or more ADA........................................  15
 29                        ..23...grades 4,5 & 6....
 30                        ..22...grades 1,2 & 3....1994-95
 31                        ..21...grades 1,2 & 3....1995-96
 32                        ..20...grades 1,2 & 3....1996-97
 33                              and each year thereafter.
 34    160   to  299.99 ADA... 20.....................         8.4
 35    110   to  159.99 ADA... 19.....................         6.8
 36     71.1 to  109.99 ADA... 16.....................         4.7
 37     51.7 to   71.0  ADA... 15.....................         4.0
 38     33.6 to   51.6  ADA... 13.....................         2.8
 39     16.6 to   33.5  ADA... 12.....................         1.4
 40      1.0 to   16.5  ADA... n/a....................         1.0
                                                                        
 41                        COMPUTATION OF SECONDARY SUPPORT UNITS
 42    Average Daily
 43    Attendance            Attendance Divisor         Minimum Units Allowed
 44    750 or more      .... 18.5.....................        47
 45    400 -  749.99 ADA.... 16.......................        28
 46    300 -  399.99 ADA.... 14.5.....................        22
 47    200 -  299.99 ADA.... 13.5.....................        17
 48    100 -  199.99 ADA.... 12.......................         9
 49     99.99 or fewer       Units allowed as follows:
 50             Grades 7-12  .........................         8
 51             Grades 9-12  .........................         6
 52             Grades 7- 9  .........................         1 per 14 ADA
 53             Grades 7- 8  .........................         1 per 16 ADA
                                                                        
                                           8
                                                                        
  1                  COMPUTATION OF EXCEPTIONAL EDUCATION SUPPORT UNITS
  2    Average Daily
  3    Attendance            Attendance Divisor         Minimum Units Allowed
  4    14 or more ....       14.5.....................  1 or more as computed
  5    12 -  13.99....        -.......................  1
  6     8 -  11.99....        -.......................   .75
  7     4 -   7.99....        -.......................   .5
  8     1 -   3.99....        -.......................   .25
                                                                        
  9              COMPUTATION OF ALTERNATIVE SCHOOL SECONDARY SUPPORT UNITS
 10    Pupils in Attendance  Attendance Divisor         Minimum Units Allowed
 11    12 or more..........  12......................   1 or more as computed
                                                                        
 12        In applying these tables to any given separate attendance unit, no  school
 13    district  shall  receive  less  total  money than it would receive if it had a
 14    lesser average daily attendance in such separate attendance unit. In  applying
 15    the  kindergarten  table  to  a  kindergarten program of less days than a full
 16    school year, the support unit allowance shall be in ratio  to  the  number  of
 17    days  of a full school year. The tables for exceptional education and alterna-
 18    tive school secondary support units shall  be  applicable  only  for  programs
 19    approved  by  the state department of education following rules established by
 20    the state board of education. Moneys generated  from  computation  of  support
 21    units  for  alternative  schools shall be utilized for alternative school pro-
 22    grams. School district administrative and facility costs may  be  included  as
 23    part of the alternative school expenditures.
 24        7.  State Distribution Factor per Support Unit. Divide educational support
 25    program distribution funds, after subtracting the amounts necessary to pay the
 26    obligations  specified  in  subsection  2. of this section, by the total state
 27    support units to secure the state distribution factor per support unit.
 28        8.  District Share of State Funds for Educational Support Program.  Ascer-
 29    tain  a district's share of state funds for the educational support program as
 30    follows:
 31        a.  District Contribution Calculation. Without including any allowance  as
 32        a  credit  for  prepaid taxes, as provided in section 63-1607, Idaho Code,
 33        the district contribution calculation shall be the rate  determined  under
 34        subsection 3. of this section.
 35        b.  District  Support  Units.  The number of support units for each school
 36        district in the state shall be determined as follows:
 37             (1)  Divide the actual average daily attendance,  excluding  students
 38             approved  for inclusion in the exceptional child educational program,
 39             for the administrative schools and each of the separate  schools  and
 40             attendance  units  by the appropriate divisor from the tables of sup-
 41             port units in this section, then add  the  quotients  to  obtain  the
 42             district's support units allowance for regular students, kindergarten
 43             through  grade  12  including  alternative school secondary students.
 44             Calculations in application of this subsection shall be  carried  out
 45             to the nearest tenth.
 46             (2)  Divide  the  combined  totals of the average daily attendance of
 47             all preschool, handicapped, kindergarten, elementary,  secondary  and
 48             juvenile  detention  center  students  approved  for inclusion in the
 49             exceptional child program of the district by the appropriate  divisor
 50             from the table for computation of exceptional education support units
 51             to  obtain  the  number  of  support units allowed for the district's
 52             approved exceptional child program. Calculations for this  subsection
 53             shall be carried out to the nearest tenth when more than one (1) unit
                                                                        
                                           9
                                                                        
  1             is allowed.
  2             (3)  The  total  number of support units of the district shall be the
  3             sum of the total  support  units  for  regular  students,  subsection
  4             8.b.(1)  of  this  section,  and  the support units allowance for the
  5             approved exceptional child program, subsection 8.b.(2) of  this  sec-
  6             tion.
  7        c.  Total  District Allowance Educational Program. Multiply the district's
  8        total number of support units, carried out to the nearest  tenth,  by  the
  9        state  distribution  factor  per  support unit and to this product add the
 10        approved amount of programs of the district provided in subsection  2.  of
 11        this  section to secure the district's total allowance for the educational
 12        support program.
 13        d.  District Share. To secure the district's share of state apportionment,
 14        subtract the amount of the local district contribution  calculation,  sub-
 15        section  3.  of this section, from the amount of the total district allow-
 16        ance, subsection 8.c. of this section.
 17        e.  Adjustment of District Share. The contract salary of every noncertifi-
 18        cated teacher shall be subtracted from the district's share as  calculated
 19        from the provisions of subsection 8.d. of this section.
                                                                        
 20        SECTION  5.  That  Section  33-515, Idaho Code, be, and the same is hereby
 21    amended to read as follows:
                                                                        
 22        33-515.  ISSUANCE OF RENEWABLE CONTRACTS. During the third  full  year  of
 23    continuous  employment  by  the  same school district, including any specially
 24    chartered district, each certificated employee named  in  subsection  167.  of
 25    section  33-1001, Idaho Code, and each school nurse and school librarian shall
 26    be evaluated for a renewable contract and shall, upon having  been  offered  a
 27    contract  for  the  next  ensuing  year,  having given notice of acceptance of
 28    renewal and upon signing a contract for a fourth full year,  be  placed  on  a
 29    renewable  contract status with said school district subject to the provisions
 30    included in this chapter.
 31        After the third full year of employment and at least  once  annually,  the
 32    performance  of  each  such  certificated  employee,  school  nurse, or school
 33    librarian shall be evaluated according to criteria and procedures  established
 34    by the board of trustees in accordance with general guidelines approved by the
 35    state board of education. Except as otherwise provided, that person shall have
 36    the  right  to  automatic renewal of contract by giving notice, in writing, of
 37    acceptance of renewal. Such notice shall be given to the board of trustees  of
 38    the school district then employing such person not later than the first day of
 39    June  preceding  the expiration of the term of the current contract. Except as
 40    otherwise provided by this paragraph, the board of trustees shall notify  each
 41    person entitled to be employed on a renewable contract of the requirement that
 42    such  person must give the notice hereinabove and that failure to do so may be
 43    interpreted by the board as a declination of the right to automatic renewal or
 44    the offer of another contract. Such notification shall be  made,  in  writing,
 45    not later than the fifteenth day of May, in each year, except to those persons
 46    to  whom  the  board,  prior to said date, has sent proposed contracts for the
 47    next ensuing year, or to whom the board has given the notice required by  this
 48    section.
 49        Any  contract  automatically  renewed under the provisions of this section
 50    shall be for the same length as the term stated in the current contract and at
 51    a salary no lower than that specified therein, to which shall  be  added  such
 52    increments  as may be determined by the statutory or regulatory rights of such
 53    employee by reason of training, service, or performance.
                                                                        
                                           10
                                                                        
  1        Nothing herein shall prevent the board of trustees from offering a renewed
  2    contract increasing the salary of any certificated person, or from reassigning
  3    an administrative employee to a nonadministrative  position  with  appropriate
  4    reduction  of salary from the preexisting salary level. In the event the board
  5    of trustees reassigns an administrative employee to a nonadministrative  posi-
  6    tion,  the  board  shall  give written notice to the employee which contains a
  7    statement of the reasons for the  reassignment.  The  employee,  upon  written
  8    request  to  the  board, shall be entitled to an informal review of that deci-
  9    sion. The process and procedure for the informal review shall be determined by
 10    the local board of trustees.
 11        Before a board of trustees can determine not to renew for  reasons  of  an
 12    unsatisfactory report of the performance of any certificated person whose con-
 13    tract  would  otherwise  be automatically renewed, or to renew the contract of
 14    any such person at a reduced salary, such person shall be entitled to  a  rea-
 15    sonable  period  of probation. This period of probation shall be preceded by a
 16    written notice from the board of trustees with reasons for  such  probationary
 17    period  and  with  provisions  for  adequate supervision and evaluation of the
 18    person's performance during the probationary period. Such period of  probation
 19    shall not affect the person's renewable contract status. Consideration of pro-
 20    bationary  status for certificated personnel is consideration of the status of
 21    an employee within the meaning of section 67-2345, Idaho Code, and may be held
 22    in executive session. If the consideration results in probationary status, the
 23    individual on probation shall not be named in the minutes of  the  meeting.  A
 24    record of the decision shall be placed in the teacher's personnel file.
 25        If  the  board  of  trustees takes action to immediately discharge or dis-
 26    charge upon termination of the current contract a  certificated  person  whose
 27    contract would otherwise be automatically renewed, or to renew the contract of
 28    any  such person at a reduced salary, the action of the board shall be consis-
 29    tent with the procedures specified in section 33-513(5), Idaho Code, and  fur-
 30    thermore, the board shall notify the employee in writing whether there is just
 31    and  reasonable cause not to renew the contract or to reduce the salary of the
 32    affected employee, and if so, what reasons it relied upon in  that  determina-
 33    tion.
 34        If  the  board of trustees, for reasons other than unsatisfactory service,
 35    for the ensuing contract year, determines to change the  length  of  the  term
 36    stated in the current contract, reduce the salary or not renew the contract of
 37    a certificated person whose contract would otherwise be automatically renewed,
 38    nothing herein shall require a probationary period.
                                                                        
 39        SECTION  6.  That Section 33-1004G, Idaho Code, be, and the same is hereby
 40    amended to read as follows:
                                                                        
 41        33-1004G.  EARLY RETIREMENT INCENTIVE. (1) Each certificated  employee  of
 42    an  Idaho  public  school  district  as defined in section 33-1001 167., Idaho
 43    Code, is eligible for an early retirement incentive, provided  they  meet  the
 44    following criteria:
 45        (a)  The  employee has completed a minimum of ten (10) years of continuous
 46        full-time certified employment, which may include time spent on a sabbati-
 47        cal leave, in Idaho public school districts at the time of application.
 48        (b)  The employee is not eligible for unreduced service, early or disabil-
 49        ity retirement from the public employee retirement system of Idaho at  the
 50        time of application.
 51        (c)  The  employee  is fifty-five (55) years old before September 1 of the
 52        year the application is made; provided that persons turning fifty-six (56)
 53        years old or greater between August 15 and 31, 2000, will be  eligible  to
                                                                        
                                           11
                                                                        
  1        receive  the  retirement incentive option percentage provided in this sec-
  2        tion that reflects their age on August 15, 2000.
  3        (d)  The employee submits his/her application to the state  superintendent
  4        of public instruction on or before April 1 of the  year of application.
  5        (e)  The  employee  is contracted with an Idaho public school district for
  6        the entire school year  during the year of application and  has  not  been
  7        terminated  or  on  a  leave of absence for the current or upcoming school
  8        year.
  9        (2)  (a) Full-time qualifying applicants shall receive as a one  (1)  time
 10        incentive  the following amount of the  employee's qualifying salary allo-
 11        cation as provided in section 33-1004E, Idaho Code:
 12        at 55 years of age            55% of allocation
 13        at 56 years of age            50% of allocation
 14        at 57 years of age            45% of allocation
 15        at 58 years of age            40% of allocation
 16        at 59 years of age            30% of allocation
 17        at 60 years of age            30% of allocation
 18        at 61 years of age            20% of allocation
 19        at 62 years of age            20% of allocation
 20        at 63 years of age and over    0% of allocation
 21        (b)  Certified employees working less than full-time  in  the  application
 22        year will have the incentive payment prorated according to their full-time
 23        equivalent (FTE) percentage.
 24        (c)  Incentive  payments for certified employees not placed on the experi-
 25        ence  and education multiplier table  as  provided  in  section  33-1004A,
 26        Idaho Code, will be calculated using the BA column of the table.
 27        (3)  Incentives and the employer's share of FICA benefits shall be paid by
 28    the  state  department  of  education to the Idaho public school district with
 29    which the applicant was last contracted on or before July 31 of  the  year  of
 30    application and acceptance.
 31        (4)  Incentives  shall be considered additional compensation  flowing from
 32    the employment relationship and subject to federal and state tax laws.  Incen-
 33    tives  shall  not  be  considered  salary  for purposes of the public employee
 34    retirement system.
 35        (5)  Any employee receiving an early retirement incentive as  provided  in
 36    this  section shall not be eligible for future employment with an Idaho school
 37    district where such employment would again qualify him/her  for  participation
 38    in the state retirement system.
 39        (6)  Any  applicant choosing to withdraw their application must notify the
 40    state superintendent of public instruction in writing no later than June 20 in
 41    the year of application.
 42        (7)  A special application of the early retirement incentive shall  super-
 43    sede  the  limitations  of this section to the extent necessary to comply with
 44    this subsection. An otherwise qualified certificated employee who becomes med-
 45    ically unable to work prior to July 1 of any year shall be eligible  to  apply
 46    for the early retirement incentive for which the employee would have been eli-
 47    gible retroactive to April 1.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 13173
The purpose of this legislation is to enter into a partnership
with the J.A. & Kathryn Albertson Foundation to develop,
implement and sustain a student information management system. 

This legislation has two parts to it and both must be approved
for this project to begin. First, to establish and require the
use of the Idaho Student Information Management System (ISIMS) so
that the most efficient and effective system can be implemented.
This legislation, therefore, requires all public school districts
and state educational agencies to participate in ISIMS. Second,
once the system is operational it will have ongoing state costs.
This legislation would require that those ongoing costs be
provided in the state appropriation annually to public education
as an off the top line item.
                          FISCAL IMPACT
FY2004    No impact on the state general fund.
FY2005    No impact on the state general fund.
FY2006    $7 million appropriated to public education, and
          ongoing each year thereafter.
                    

Contact
Name: Representative Fred D. Tilman 
Phone: 208-332-1000
Senator Gary Schroeder, 208-332-1323
Dr. Mike Friend, IASA, 208-345-1171


STATEMENT OF PURPOSE/FISCAL NOTE                   H 367