2006 Legislation
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HOUSE BILL NO. 863 – School clubs, parent

HOUSE BILL NO. 863

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H0863..........................................................by EDUCATION
SCHOOL CLUBS - PARENTS - NOTIFICATION - Amends existing law to direct the
boards of trustees of school districts to adopt policies and procedures for
notifying parents or legal guardians of students regarding school clubs and
organizations in which a student may participate, and for obtaining
permission from a parent or legal guardian before the student joins or
participates in a school club or organization; and to define "club or
organization" and "competitive interscholastic activity or event."
                                                                        
03/31    House intro - 1st rdg - to printing
04/03    Rpt prt - to 2nd rdg
    Rls susp - PASSED - 35-32-3
      AYES -- Anderson, Andrus, Barraclough, Bayer, Bedke, Bell, Black,
      Block, Brackett, Chadderdon, Clark, Collins, Crow, Deal, Denney,
      Ellsworth, Eskridge, Field(23), Hart, Harwood, Henderson, Loertscher,
      Mathews, McGeachin, McKague, Moyle, Nonini, Roberts, Rydalch, Sali,
      Schaefer, Shepherd(8), Smylie, Stevenson, Wood
      NAYS -- Barrett, Bastian, Bilbao, Boe, Bolz, Cannon, Edmunson,
      Field(18), Henbest, Jaquet, Kemp, Lake, LeFavour, Martinez, Miller,
      Mitchell, Nielsen, Pasley-Stuart, Pence, Raybould, Ring, Ringo,
      Rusche, Sayler, Shirley, Skippen, Smith(30), Smith(24), Snodgrass,
      Trail, Wills, Mr. Speaker
      Absent and excused -- Bradford, Garrett, Shepherd(2)
    Floor Sponsor - Nonini
    Title apvd - to Senate
04/03    Senate intro - 1st rdg - to Educ

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 863
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO GOVERNANCE OF SCHOOLS; AMENDING SECTION  33-512,  IDAHO  CODE,  TO
  3        DIRECT  THE  BOARDS  OF TRUSTEES OF SCHOOL DISTRICTS TO ADOPT POLICIES AND
  4        PROCEDURES FOR NOTIFYING PARENTS OR LEGAL GUARDIANS OF STUDENTS  REGARDING
  5        SCHOOL CLUBS AND ORGANIZATIONS IN WHICH A STUDENT MAY PARTICIPATE, AND FOR
  6        OBTAINING   PERMISSION  FROM A PARENT OR LEGAL GUARDIAN BEFORE THE STUDENT
  7        JOINS OR PARTICIPATES IN A SCHOOL CLUB OR ORGANIZATION;  AMENDING  SECTION
  8        33-515,  IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION
  9        33-1001,  IDAHO  CODE,  TO  DEFINE  "CLUB  OR  ORGANIZATION,"  TO   DEFINE
 10        "COMPETITIVE INTERSCHOLASTIC ACTIVITY OR EVENT" AND TO MAKE TECHNICAL COR-
 11        RECTIONS;  AND AMENDING SECTION 33-1004G, IDAHO CODE, TO PROVIDE A CORRECT
 12        CODE REFERENCE.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION 1.  That Section 33-512, Idaho Code, be, and the  same  is  hereby
 15    amended to read as follows:
                                                                        
 16        33-512.  GOVERNANCE  OF SCHOOLS. The board of trustees of each school dis-
 17    trict shall have the following powers and duties:
 18        1.  To fix the days of the year and the hours  of  the  day  when  schools
 19    shall be in session. However:
 20        (a)  Each school district shall annually adopt and implement a school cal-
 21        endar  which  provides its students at each grade level with the following
 22        minimum number of instructional hours:
                                                                        
 23                      Grades                             Hours
 24                       9-12                               990
 25                       4-8                                900
 26                       1-3                                810
 27                       K                                  450
 28        (b)  School assemblies, testing and other instructionally related  activi-
 29        ties  involving students directly may be included in the required instruc-
 30        tional hours.
 31        (c)  When approved by a local  school  board,  annual  instructional  hour
 32        requirements stated in paragraph (a) may be reduced as follows:
 33             (i)   Up  to  a  total  of twenty-two (22) hours to accommodate staff
 34             development activities conducted on such days  as  the  local  school
 35             board deems appropriate.
 36             (ii)  Up to a total of eleven (11) hours of emergency school closures
 37             due to adverse weather conditions and facility failures.
 38        However, transportation to and from school, passing times between classes,
 39        recess and lunch periods shall not be included.
 40        (d)  Student  and  staff  activities related to the opening and closing of
 41        the school year, grade reporting, program planning,  staff  meetings,  and
 42        other  classroom  and  building management activities shall not be counted
                                                                        
                                           2
                                                                        
  1        as instructional time or in the reductions provided in paragraph (c)(i) of
  2        this section.
  3        (e)  For multiple shift programs, this rule applies to each  shift  (i.e.,
  4        each  student  must  have  access  to the minimum annual required hours of
  5        instructions).
  6        (f)  The instructional time requirement  for  grade  12  students  may  be
  7        reduced  by  action  of  a local school board for an amount of time not to
  8        exceed eleven (11) hours of instructional time.
  9        (g)  The state superintendent of public instruction may grant an exemption
 10        from the provisions of this section for an individual  building  within  a
 11        district, when the closure of that building, for unforeseen circumstances,
 12        does not affect the attendance of other buildings within the district.
 13        2.  To  adopt and carry on, and provide for the financing of, a total edu-
 14    cational program for the district. Such  programs  in  other  than  elementary
 15    school  districts  may  include education programs for out-of-school youth and
 16    adults; and such districts may provide classes in kindergarten;
 17        3.  To provide, or require pupils to be provided with, suitable  textbooks
 18    and  supplies,  and  for  advice on textbook selections may appoint a textbook
 19    adoption committee as provided in section 33-512A, Idaho Code;
 20        4.  To protect the morals and health of the pupils;
 21        5.  To exclude from school, children not of school age;
 22        6.  To prescribe rules for the disciplining  of  unruly  or  insubordinate
 23    pupils, such rules to be included in a district discipline code adopted by the
 24    board  of  trustees and a summarized version thereof to be provided in writing
 25    at the beginning of each school year to the teachers and students in the  dis-
 26    trict  in  a manner consistent with the student's age, grade and level of aca-
 27    demic achievement;
 28        7.  To exclude from school, pupils with contagious or infectious  diseases
 29    who are diagnosed or suspected as having a contagious or infectious disease or
 30    those  who  are not immune and have been exposed to a contagious or infectious
 31    disease; and to close school on order of the state board of  health  or  local
 32    health authorities;
 33        8.  To equip and maintain a suitable library or libraries in the school or
 34    schools  and  to  exclude  therefrom, and from the schools, all books, tracts,
 35    papers, and catechisms of sectarian nature;
 36        9.  To determine school holidays. Any listing  of  school  holidays  shall
 37    include  not  less  than the following: New Year's Day, Memorial Day, Indepen-
 38    dence Day, Thanksgiving Day, and Christmas Day. Other days listed  in  section
 39    73-108,  Idaho Code, if the same shall fall on a school day, shall be observed
 40    with appropriate ceremonies; and any days the state  board  of  education  may
 41    designate,  following  the proclamation by the governor, shall be school holi-
 42    days;
 43        10. To erect and maintain on each schoolhouse or school grounds a suitable
 44    flagstaff or flagpole, and display thereon the flag of the  United  States  of
 45    America  on  all  days, except during inclement weather, when the school is in
 46    session; and for each Veterans Day, each school in session shall  conduct  and
 47    observe  an  appropriate  program of at least one (1) class period remembering
 48    and honoring American veterans;
 49        11. To prohibit entrance to each schoolhouse or school  grounds,  to  pro-
 50    hibit  loitering  in  schoolhouses or on school grounds and to provide for the
 51    removal from each schoolhouse or school grounds of any individual or individu-
 52    als who disrupt the educational  processes or whose presence is detrimental to
 53    the morals, health, safety, academic learning or discipline of the  pupils.  A
 54    person  who  disrupts the educational process or whose presence is detrimental
 55    to the morals, health, safety, academic learning or discipline of  the  pupils
                                                                        
                                           3
                                                                        
  1    or  who  loiters  in  schoolhouses or on school grounds, is guilty of a misde-
  2    meanor.
  3        12. To supervise and regulate,  including  by  contract  with  established
  4    entities,  those extracurricular activities which are by definition outside of
  5    or in addition to the regular academic  courses  or  curriculum  of  a  public
  6    school,  and  which extracurricular activities shall not be considered to be a
  7    property, liberty or contract right of any student, and  such  extracurricular
  8    activities  shall  not be deemed a necessary element of a public school educa-
  9    tion, but shall be considered to be a privilege.
 10        13. To govern the school district in compliance with state law  and  rules
 11    of the state board of education.
 12        14. To  submit  to the superintendent of public instruction not later than
 13    July 1 of each year documentation which meets the  reporting  requirements  of
 14    the  federal  gun-free  schools  act  of  1994 as contained within the federal
 15    improving America's schools act of 1994.
 16        15. To require that all persons hired for the first time by  the  district
 17    or who have been in the employ of the district five (5) years or less, undergo
 18    a  criminal  history check as provided in section 33-130, Idaho Code. All such
 19    employees who are required to undergo a criminal history  check  shall  obtain
 20    the  history  check  within  three  (3)  months of starting employment, or for
 21    employees with five (5) years or less with  the  district,  within  three  (3)
 22    months from the date such employee is notified that he must undergo a criminal
 23    history  check.  Such  employees  shall  pay  the cost of the criminal history
 24    check. If the criminal history check shows that the  employee  has  been  con-
 25    victed  of  a felony crime enumerated in section 33-1208, Idaho Code, it shall
 26    be grounds for immediate termination, dismissal or other personnel  action  of
 27    the  district,  except  that  it  shall be the right of the school district to
 28    evaluate whether an individual convicted of one (1) of these crimes and having
 29    been incarcerated for that crime shall be hired. The district may require  any
 30    or  all persons who have been employed continuously with the same district for
 31    more than five (5) years, to undergo a criminal history check as  provided  in
 32    section 33-130, Idaho Code. If the district elects to require criminal history
 33    checks  of  such  employees,  the district shall pay the costs of the criminal
 34    history check or reimburse employees for such cost. A substitute  teacher  who
 35    has  undergone  a criminal history check at the request of one (1) district in
 36    which he has been employed as a substitute shall not be required to undergo an
 37    additional criminal history check at the request  of  any  other  district  in
 38    which  he  is  employed as a substitute if the teacher has obtained a criminal
 39    history check within the previous three  (3)  years.   If  the  district  next
 40    employing  the  substitute  still  elects  to require another criminal history
 41    check within the three (3) year period, that district shall pay  the  cost  of
 42    the criminal history check or reimburse the substitute teacher for such cost.
 43        16. Each  board  of trustees of a school district shall be responsible for
 44    developing a system for registering volunteers or contractors consistent  with
 45    maintaining a safe environment for their students.
 46        17. To  ensure  that  each  school district, including specially chartered
 47    school districts, participates in the  Idaho  student  information  management
 48    system  (ISIMS)  to the full extent of its availability. The terms "Idaho stu-
 49    dent information management system,"  "appropriate  access"  and  "real  time"
 50    shall  have  such  meanings as the terms are defined in section 33-1001, Idaho
 51    Code.
 52        18. To provide support for teachers in their first two (2)  years  in  the
 53    profession in the areas of: administrative and supervisory support, mentoring,
 54    peer assistance and professional development.
 55        19. To adopt policies and procedures for notifying parents or legal guard-
                                                                        
                                           4
                                                                        
  1    ians  of  students regarding school clubs and organizations in which a student
  2    may participate, and for obtaining permission from a parent or legal  guardian
  3    before  the student joins or participates in a school club or organization. In
  4    adopting such policies and procedures, the board shall:
  5        (a)  Provide annual notification, utilizing the student handbook or  other
  6        appropriate method, of the name of all school clubs and organizations, the
  7        mission  or purpose of the club or organization, the name of the club's or
  8        organization's faculty advisor, and a  description  of  past  and  planned
  9        activities.  Similar  notification  shall  also  be provided for clubs and
 10        organizations created or started during the school year; and
 11        (b)  Prepare a form by which parents or legal guardians may give or  with-
 12        hold permission for the student to participate in a school club or organi-
 13        zation.  Such form shall be filled out completely, signed by the parent or
 14        legal guardian and returned to the  faculty  advisor  of  the  appropriate
 15        school club or organization.
 16    Clubs  and organizations, as defined in section 33-1001, Idaho Code, shall not
 17    include competitive interscholastic activities or events, as defined  in  sec-
 18    tion 33-1001, Idaho Code.
                                                                        
 19        SECTION  2.  That  Section  33-515, Idaho Code, be, and the same is hereby
 20    amended to read as follows:
                                                                        
 21        33-515.  ISSUANCE OF RENEWABLE CONTRACTS. During the third  full  year  of
 22    continuous  employment  by  the  same school district, including any specially
 23    chartered district, each certificated employee named in subsection 17. (19) of
 24    section 33-1001, Idaho Code, and each school nurse and school librarian  shall
 25    be  evaluated  for  a renewable contract and shall, upon having been offered a
 26    contract for the next ensuing year,  having  given  notice  of  acceptance  of
 27    renewal  and  upon  signing  a contract for a fourth full year, be placed on a
 28    renewable contract status with said school district subject to the  provisions
 29    included in this chapter.
 30        After  the  third  full year of employment and at least once annually, the
 31    performance of each  such  certificated  employee,  school  nurse,  or  school
 32    librarian  shall be evaluated according to criteria and procedures established
 33    by the board of trustees in accordance with general guidelines approved by the
 34    state board of education. Except as otherwise provided, that person shall have
 35    the right to automatic renewal of contract by giving notice,  in  writing,  of
 36    acceptance  of renewal. Such notice shall be given to the board of trustees of
 37    the school district then employing such person not later than the first day of
 38    June preceding the expiration of the term of the current contract.  Except  as
 39    otherwise  provided by this paragraph, the board of trustees shall notify each
 40    person entitled to be employed on a renewable contract of the requirement that
 41    such person must give the notice hereinabove and that failure to do so may  be
 42    interpreted by the board as a declination of the right to automatic renewal or
 43    the  offer  of  another contract. Such notification shall be made, in writing,
 44    not later than the fifteenth day of May, in each year, except to those persons
 45    to whom the board, prior to said date, has sent  proposed  contracts  for  the
 46    next  ensuing year, or to whom the board has given the notice required by this
 47    section.
 48        Any contract automatically renewed under the provisions  of  this  section
 49    shall be for the same length as the term stated in the current contract and at
 50    a  salary  no  lower than that specified therein, to which shall be added such
 51    increments as may be determined by the statutory or regulatory rights of  such
 52    employee by reason of training, service, or performance.
 53        Nothing herein shall prevent the board of trustees from offering a renewed
                                                                        
                                           5
                                                                        
  1    contract increasing the salary of any certificated person, or from reassigning
  2    an  administrative  employee  to a nonadministrative position with appropriate
  3    reduction of salary from the preexisting salary level. In the event the  board
  4    of  trustees reassigns an administrative employee to a nonadministrative posi-
  5    tion, the board shall give written notice to the  employee  which  contains  a
  6    statement  of  the  reasons  for  the reassignment. The employee, upon written
  7    request to the board, shall be entitled to an informal review  of  that  deci-
  8    sion. The process and procedure for the informal review shall be determined by
  9    the local board of trustees.
 10        Before  a  board  of trustees can determine not to renew for reasons of an
 11    unsatisfactory report of the performance of any certificated person whose con-
 12    tract would otherwise be automatically renewed, or to renew  the  contract  of
 13    any  such  person at a reduced salary, such person shall be entitled to a rea-
 14    sonable period of probation. This period of probation shall be preceded  by  a
 15    written  notice  from the board of trustees with reasons for such probationary
 16    period and with provisions for adequate  supervision  and  evaluation  of  the
 17    person's  performance during the probationary period. Such period of probation
 18    shall not affect the person's renewable contract status. Consideration of pro-
 19    bationary status for certificated personnel is consideration of the status  of
 20    an employee within the meaning of section 67-2345, Idaho Code, and may be held
 21    in executive session. If the consideration results in probationary status, the
 22    individual  on  probation  shall not be named in the minutes of the meeting. A
 23    record of the decision shall be placed in the teacher's personnel file.
 24        If the board of trustees takes action to  immediately  discharge  or  dis-
 25    charge  upon  termination  of the current contract a certificated person whose
 26    contract would otherwise be automatically renewed, or to renew the contract of
 27    any such person at a reduced salary, the action of the board shall be  consis-
 28    tent  with the procedures specified in section 33-513(5), Idaho Code, and fur-
 29    thermore, the board shall notify the employee in writing whether there is just
 30    and reasonable cause not to renew the contract or to reduce the salary of  the
 31    affected  employee,  and if so, what reasons it relied upon in that determina-
 32    tion.
 33        If the board of trustees, for reasons other than  unsatisfactory  service,
 34    for  the  ensuing  contract  year, determines to change the length of the term
 35    stated in the current contract, reduce the salary or not renew the contract of
 36    a certificated person whose contract would otherwise be automatically renewed,
 37    nothing herein shall require a probationary period.
                                                                        
 38        SECTION 3.  That Section 33-1001, Idaho Code, be, and the same  is  hereby
 39    amended to read as follows:
                                                                        
 40        33-1001.  DEFINITIONS.  The following words and phrases used in this chap-
 41    ter are defined as follows:
 42        (1.)  "Administrative schools" means and applies to all elementary schools
 43    and kindergartens within a district that are situated ten (10) miles  or  less
 44    from both the other elementary schools and the principal administrative office
 45    of  the district and all secondary schools within a district that are situated
 46    fifteen (15) miles or less from other secondary schools of the district.
 47        (2.)  "Average daily attendance" or "pupils in average  daily  attendance"
 48    means  the  aggregate number of days enrolled students are present, divided by
 49    the number of days of school in the reporting period; provided, however,  that
 50    students  for  whom  no  Idaho school district is a home district shall not be
 51    considered in such computation.
 52        (3.)  "Club or organization" means, for the purposes  of  section  33-512,
 53    Idaho  Code,  an association of students who are organized and meet for common
                                                                        
                                           6
                                                                        
  1    goals, objectives or purposes and which is  directly  under  the  sponsorship,
  2    direction  and  control  of  the school. The term shall include any activities
  3    reasonably related to such club or organization, but shall not include compet-
  4    itive interscholastic activities or events.
  5        (4)  "Competitive interscholastic activity or event" means, for  the  pur-
  6    poses  of  section  33-512,  Idaho Code, a function held under the auspices or
  7    sponsorship of a school that involves  its  students  in  competition  between
  8    individuals  or  groups  representing  two (2) or more schools. The term shall
  9    include cheerleading, band and chorus.
 10        (5)  "Elementary grades" or "elementary average  daily  attendance"  means
 11    and  applies to students enrolled in grades one (1) through six (6) inclusive,
 12    or any combination thereof.
 13        4.(6)  "Elementary schools" are schools that serve grades one (1)  through
 14    six (6) inclusive, or any combination thereof.
 15        5.(7)  "Elementary/secondary  schools"  are  schools that serve grades one
 16    (1) through twelve (12) inclusive, or any combination thereof.
 17        6.(8)  "Homebound student" means any student who would normally and  regu-
 18    larly attend school, but is confined to home or hospital because of an illness
 19    or accident for a period of ten (10) or more consecutive days.
 20        7.(9)  "Idaho  student  information  management  system  (ISIMS)"  means a
 21    secure, centralized data system where public  school  information  is  stored,
 22    accessed  and  analyzed.  The  system is comprised of two (2) parts: the first
 23    part includes a uniform package of software applications used  by  all  public
 24    schools  in  Idaho  for student related administrative functions. The software
 25    applications shall handle such functions as student scheduling, grade  report-
 26    ing, attendance, recordkeeping, student achievement and teacher resources; the
 27    second  part  is a data warehouse where public school data are stored and con-
 28    tains a number of report-generating software applications. Related definitions
 29    within the context of ISIMS are:
 30        (a)  "Appropriate access"  means  secure,  legally  authorized  access  to
 31        information on the system consistent with the user's role as determined by
 32        rule of the state board of education; and
 33        (b)  "Real time" means immediate access to current information on the sys-
 34        tem.
 35        8.(10) "Kindergarten" or "kindergarten average daily attendance" means and
 36    applies  to  all students enrolled in a school year, less than school year, or
 37    summer kindergarten program.
 38        9.(11) "Public school district" or "school district" or  "district"  means
 39    any  public  school district organized under the laws of this state, including
 40    specially chartered school districts.
 41        10.(12) "Secondary grades" or "secondary average daily  attendance"  means
 42    and  applies  to  students  enrolled  in  grades seven (7) through twelve (12)
 43    inclusive, or any combination thereof.
 44        11.(13) "Secondary schools"  are  schools  that  serve  grades  seven  (7)
 45    through twelve (12) inclusive, or any combination thereof.
 46        12.(14) "Separate elementary school" means an elementary school which mea-
 47    sured from itself, traveling on an all-weather road, is situated more than ten
 48    (10)   miles   distance   from   both   the   nearest  elementary  school  and
 49    elementary/secondary school serving like grades within the  same  school  dis-
 50    trict  and from the location of the office of the superintendent of schools of
 51    such district, or from the office of the chief administrative officer of  such
 52    district if the district employs no superintendent of schools.
 53        13.(15) "Separate  kindergarten"  means a kindergarten which measured from
 54    itself, traveling on an all-weather road, is situated more than ten (10) miles
 55    distance from both the nearest kindergarten school within the same school dis-
                                                                        
                                           7
                                                                        
  1    trict and from the location of the office of the superintendent of schools  of
  2    such  district, or from the office of the chief administrative officer of such
  3    district if the district employs no superintendent of schools.
  4        14.(16) "Separate secondary school" means any secondary  school  which  is
  5    located  more  than  fifteen  (15) miles by an all-weather road from any other
  6    secondary school and elementary/secondary school serving like grades  operated
  7    by the district.
  8        15.(17) "Support   program"  means  the  educational  support  program  as
  9    described in section 33-1002, Idaho Code, the transportation  support  program
 10    described  in  section 33-1006, Idaho Code, and the exceptional education sup-
 11    port program as provided in section 33-1007, Idaho Code.
 12        16.(18) "Support unit" means a function of average daily  attendance  used
 13    in  the calculations to determine financial support provided the public school
 14    districts.
 15        17.(19) "Teacher" means any person employed in a teaching,  instructional,
 16    supervisory, educational administrative or educational and scientific capacity
 17    in  any  school  district. In case of doubt the state board of education shall
 18    determine whether any person employed requires certification as a teacher.
                                                                        
 19        SECTION 4.  That Section 33-1004G, Idaho Code, be, and the same is  hereby
 20    amended to read as follows:
                                                                        
 21        33-1004G.  EARLY  RETIREMENT  INCENTIVE  -- ADMINISTRATIVE STAFF EXCLUDED.
 22    (1) Except as provided in subsection (8) of this  section,  each  certificated
 23    employee  of an Idaho public school district as defined in section 33-1001 17.
 24    (19), Idaho Code, is eligible for an early retirement incentive, provided they
 25    meet the following criteria:
 26        (a)  The employee has completed a minimum of ten (10) years of  continuous
 27        full-time certified employment, which may include time spent on a sabbati-
 28        cal leave, in Idaho public school districts at the time of application.
 29        (b)  The employee is not eligible for unreduced service, early or disabil-
 30        ity  retirement from the public employee retirement system of Idaho at the
 31        time of application.
 32        (c)  The employee is fifty-five (55) years old before September 1  of  the
 33        year the application is made; provided that persons turning fifty-six (56)
 34        years  old  or greater between August 15 and 31, 2000, will be eligible to
 35        receive the retirement incentive option percentage provided in  this  sec-
 36        tion that reflects their age on August 15, 2000.
 37        (d)  The  employee submits his/her application to the state superintendent
 38        of public instruction on or before April 1 of the  year of application.
 39        (e)  The employee is contracted with an Idaho public school  district  for
 40        the  entire  school  year  during the year of application and has not been
 41        terminated or on a leave of absence for the  current  or  upcoming  school
 42        year.
 43        (2)  (a) Full-time  qualifying  applicants shall receive as a one (1) time
 44        incentive the following amount of the  employee's qualifying salary  allo-
 45        cation as provided in section 33-1004E, Idaho Code:
 46        at 55 years of age            55% of allocation
 47        at 56 years of age            50% of allocation
 48        at 57 years of age            45% of allocation
 49        at 58 years of age            40% of allocation
 50        at 59 years of age            30% of allocation
 51        at 60 years of age            30% of allocation
 52        at 61 years of age            20% of allocation
 53        at 62 years of age            20% of allocation
                                                                        
                                           8
                                                                        
  1        at 63 years of age and over    0% of allocation
  2        (b)  Certified  employees  working  less than full-time in the application
  3        year will have the incentive payment prorated according to their full-time
  4        equivalent (FTE) percentage.
  5        (c)  Incentive payments for certified employees not placed on the  experi-
  6        ence    and  education  multiplier  table as provided in section 33-1004A,
  7        Idaho Code, will be calculated using the BA column of the table.
  8        (3)  Incentives and the employer's share of FICA benefits shall be paid by
  9    the state department of education to the Idaho  public  school  district  with
 10    which  the  applicant  was last contracted on or before July 31 of the year of
 11    application and acceptance.
 12        (4)  Incentives shall be considered additional compensation  flowing  from
 13    the  employment relationship and subject to federal and state tax laws. Incen-
 14    tives shall not be considered salary  for  purposes  of  the  public  employee
 15    retirement system.
 16        (5)  Any  employee  receiving an early retirement incentive as provided in
 17    this section shall not be eligible for future employment with an Idaho  school
 18    district  where  such employment would again qualify him/her for participation
 19    in the state retirement system.
 20        (6)  Any applicant choosing to withdraw their application must notify  the
 21    state superintendent of public instruction in writing no later than June 20 in
 22    the year of application.
 23        (7)  A  special application of the early retirement incentive shall super-
 24    sede the limitations of this section to the extent necessary  to  comply  with
 25    this subsection. An otherwise qualified certificated employee who becomes med-
 26    ically  unable  to work prior to July 1 of any year shall be eligible to apply
 27    for the early retirement incentive for which the employee would have been eli-
 28    gible retroactive to April 1.
 29        (8)  Administrative staff shall not be allowed to participate in the early
 30    retirement incentive program as provided in this section and  such  staff  are
 31    hereby excluded from participation in the program.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 16256

The purpose of this legislation is to allow parents of public
school students to be more aware and involved in their children's
school activities.  This legislation will require parents to sign
a form developed by the school district giving the parents
approval prior to their child joining a school club or
organization.



                           FISCAL NOTE

There is no fiscal impact to the General Fund.





Contact
Name: Rep. Bob Nonini 
Phone: 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                         H 863