SENATE BILL NO. 1440
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S1440................................................by JUDICIARY AND RULES
SCHOOL DISTRICTS - NONCERTIFICATED EMPLOYEES - Amends existing law relating
to noncertificated personnel employed by a school district to authorize and
direct local school boards of trustees to provide for written notice by May
15 of each year of employment status for the following school year; and to
provide that no property rights shall attach to the employment of a
noncertificated employee of the school district.
03/09 Senate intro - 1st rdg - to printing
03/10 Rpt prt - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1440
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO NONCERTIFICATED PERSONNEL EMPLOYED BY A SCHOOL DISTRICT; AMENDING
3 SECTION 33-517, IDAHO CODE, TO AUTHORIZE AND DIRECT LOCAL BOARDS OF
4 TRUSTEES TO PROVIDE FOR WRITTEN NOTICE BY MAY 15 OF EACH YEAR OF EMPLOY-
5 MENT STATUS FOR THE FOLLOWING SCHOOL YEAR AND TO PROVIDE THAT NO PROPERTY
6 RIGHTS SHALL ATTACH TO THE EMPLOYMENT OF A NONCERTIFICATED EMPLOYEE OF THE
7 SCHOOL DISTRICT, AND TO MAKE TECHNICAL CORRECTIONS.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 33-517, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 33-517. NONCERTIFICATED PERSONNEL. The board of trustees of each school
12 district including any specially chartered district, shall have the following
13 powers and duties:
14 (1) To provide that hiring and evaluation procedures for noncertificated
15 personnel shall be in writing and shall be available for any noncertificated
16 employee's review at anytime any time. A noncertificated employee of a school
17 district shall be required to review and sign any entries made to his person-
18 nel file. At reasonable times and places, in the presence of an appropriate
19 district official, a noncertificated employee may inspect documents contained
20 in his official personnel file. Job descriptions for all noncertificated
21 employees shall be written and shall be made available to employees of the
22 district or other people seeking employment.
23 (2) To provide a grievance procedure for noncertificated employees of the
24 district which meets the minimum standards of paragraphs (a) through (i) of
25 this subsection. In the event a grievance procedure is not provided, the fol-
26 lowing grievance procedure shall apply.
27 (a) A grievance shall be defined as a written allegation of unfair treat-
28 ment or a violation of school district policy. A noncertificated employee
29 of the district may file a grievance about any matter related to his
30 employment, provided that neither the rate of salary or wage of the
31 employee nor the decision to terminate an employee for cause during the
32 initial one hundred eighty (180) days of employment shall be a proper sub-
33 ject for consideration under the grievance procedure provided in this sec-
35 (b) If a noncertificated employee files a grievance, the employee shall
36 submit the grievance in writing to his or her immediate supervisor within
37 six (6) working days of the incident giving rise to the grievance. The
38 grievance shall state the nature of the grievance and the remedy sought.
39 Within six (6) working days of receipt of the grievance, the immediate
40 supervisor shall provide a written response to the employee.
41 (c) If the noncertificated employee is not satisfied with the response of
42 the immediate supervisor or if there is no response within the time lines,
43 the employee may appeal the grievance to the superintendent of the dis-
1 trict or the superintendent's designee within five (5) working days of the
2 receipt of the response as set out in subsection (2)(b) of this section or
3 within five (5) working days from the date the supervisor last had to
4 respond if the noncertificated employee received no written response.
5 Within six (6) working days of an appeal, the superintendent or his desig-
6 nee shall communicate with the noncertificated employee in an effort to
7 resolve the appeal. Within five (5) working days of the communication, the
8 superintendent or his designee shall provide a written response to the
9 noncertificated employee.
10 (d) If the noncertificated employee is not satisfied with the response of
11 the superintendent or his designee, or if there is no response by the
12 superintendent or his designee within the time frame provided in subsec-
13 tion (2)(c) of this section, the noncertificated employee may request a
14 review of the grievance by a hearing panel within five (5) working days
15 from receipt of the response provided in subsection (2)(c) of this section
16 if the employee received a written response, or five (5) working days from
17 the date the superintendent last had to respond if the noncertificated
18 employee received no written response. Within ten (10) working days of
19 receipt of an appeal, the board of trustees shall convene a panel consist-
20 ing of three (3) persons ;: one (1) designated by the board of trustees,
21 one (1) designated by the employee, and one (1) agreed upon by the two (2)
22 appointed members for the purpose of reviewing the appeal. Within five (5)
23 working days following completion of the review, the panel shall submit
24 its decision in writing to the noncertificated employee, the superintend-
25 ent, and the board of trustees.
26 (e) The panel's decision shall be the final and conclusive resolution of
27 the grievance unless the board of trustees overturns the panel's decision
28 by resolution at the board of trustees' next regularly scheduled public
29 meeting or unless within forty-two (42) calendar days of the filing of the
30 board's decision, either party appeals to the district court in the county
31 where the school district is located. Upon appeal of a decision of the
32 board of trustees, the district court may affirm or set aside and remand
33 the matter to the board of trustees upon the following grounds, and shall
34 not set the same aside on any other grounds:
35 (i) That the findings of fact are not based on any substantial,
36 competent evidence;
37 (ii) That the board of trustees has acted without jurisdiction or in
38 excess of its powers;
39 (iii) That the findings by the board of trustees as a matter of law
40 do not support the decision.
41 (f) A noncertificated employee filing a grievance pursuant to this sec-
42 tion shall be entitled to a representative of the employee's choice at
43 each step of the grievance procedure provided in this section. The super-
44 visor, superintendent, or the superintendent's designee shall be entitled
45 to a representative at each step of the grievance procedure.
46 (g) The time lines of the grievance procedure established in this section
47 may be waived or modified by mutual agreement.
48 (h) Utilization of the grievance procedure established pursuant to this
49 section shall not constitute a waiver of any right of appeal available
50 pursuant to law or regulation.
51 (i) Neither the board nor any member of the administration shall take
52 reprisals affecting the employment status of any party in interest.
53 (j) A noncertificated employee of a school district shall be required to
54 review and sign any entries made to his personnel file. At reasonable
55 times and places, in the presence of an appropriate district official, a
1 noncertificated employee may inspect documents contained in his official
2 personnel file.
3 (3) To provide each noncertificated employee of the school district, by
4 no later than May 15 of each year, written notice regarding employment status
5 for the following school year. If the board intends to reemploy the person,
6 such notice shall offer reasonable assurance of continued employment. If the
7 board has decided not to reemploy the person, such notice shall contain a
8 statement of reasons for the decision not to reemploy.
9 (4) To provide that no property rights shall attach to the employment of
10 a noncertificated employee of the school district by reason of the require-
11 ments set forth in this section.
STATEMENT OF PURPOSE
This legislation provides an assurance that non-certified
employees of Idaho public school districts will, no later than
May 15 of each year, be provided written notice regarding their
employment status for the following school year. If the local
school board intends to re-employ the individual, this
legislation provides that such notice shall offer reasonable
assurance of continued employment. Further, this legislation
provides that if an employee is not to be re-employed, he or she
will receive a statement of the reasons for such a decision.
Finally, an assurance is included that no property rights shall
attach to the employment of classified employees by reason of
these requirements. Realignment of a portion of the current code
is also included to provide greater clarity.
There is no fiscal impact on the state's general fund.
***** REVISED ***** ***** REVISED ***** ****REVISED****
Name: Jim Shackelford
STATEMENT OF PURPOSE/FISCAL NOTE S 1440