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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 - 2006IN 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 atanytimeany 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- 34 tion. 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- 2 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 to54review and sign any entries made to his personnel file. At reasonable55times and places, in the presence of an appropriate district official, a3 1noncertificated employee may inspect documents contained in his official2personnel 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 RS 16163 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. FISCAL IMPACT There is no fiscal impact on the state's general fund. ***** REVISED ***** ***** REVISED ***** ****REVISED**** Contact Name: Jim Shackelford Phone: 332-1330 STATEMENT OF PURPOSE/FISCAL NOTE S 1440