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S1457..........................................................by EDUCATION ELEMENTARY/SECONDARY SCHOOLS - Amends existing law relating to the education support program to provide special application for attendance units which may consist of elementary/secondary schools and for hardship secondary schools. 02/17 Senate intro - 1st rdg - to printing 02/18 Rpt prt - to Educ 03/06 Rpt out - rec d/p - to 2nd rdg 03/07 2nd rdg - to 3rd rdg 03/10 3rd rdg - PASSED - 33-0-2 AYES--Andreason, Boatright, Bunderson, Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Walton/Branch, Wheeler, Whitworth, Williams NAYS--None Absent and excused--Burtenshaw, Crow Floor Sponsors - McLaughlin, Schroeder Title apvd - to House 03/13 House intro - 1st rdg - to Educ 03/21 Rpt out - rec d/p - to 2nd rdg 03/22 2nd rdg - to 3rd rdg 03/28 3rd rdg - PASSED - 66-0-4 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann, Mr Speaker NAYS -- None Absent and excused -- Hadley, Linford, Pischner, Sellman Floor Sponsors - Montgomery, Black, Trail, Hornbeck Title apvd - to Senate 03/29 To enrol 03/30 Rpt enrol - Pres signed 03/31 Sp signed 04/03 To Governor 04/12 Governor signed Session Law Chapter 266 Effective: 07/01/00
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE SENATE SENATE BILL NO. 1457 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO THE EDUCATIONAL SUPPORT PROGRAM; AMENDING SECTION 33-1001, IDAHO 3 CODE, TO PROVIDE ADDITIONAL DEFINITIONS AND TO MAKE TECHNICAL CORRECTIONS; 4 AMENDING SECTION 33-1002, IDAHO CODE, TO SUPPORT DISTRIBUTION BASED UPON 5 ATTENDANCE UNITS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 6 33-1003, IDAHO CODE, TO PROVIDE SPECIAL APPLICATION OF THE EDUCATION SUP- 7 PORT PROGRAM FOR ATTENDANCE UNITS AND FOR HARDSHIP SECONDARY SCHOOLS; AND 8 AMENDING SECTIONS 33-515 AND 33-1004G, IDAHO CODE, TO PROVIDE CORRECT REF- 9 ERENCES AND TO MAKE A TECHNICAL CORRECTION. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 33-1001, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 33-1001. DEFINITIONS. The following words and phrases used in this chap- 14 ter are defined as follows: 15 1. "Administrative schools" means and applyapplies to all elementary 16 schools and kindergartens within a district that are situated ten (10) miles 17 or less from both the other elementary schools and the principal administra- 18 tive office of the district and all secondary schools within a district that 19 are situated fifteen (15) miles or less from other secondary schools of the 20 district. 21 2. "Average daily attendance" or "pupils in average daily attendance" 22 means the aggregate number of days enrolled students are present, divided by 23 the number of days of school in the reporting period; provided, however, that 24 students for whom no Idaho school district is a home district shall not be 25 considered in insuch computation. 26 3. "Elementary grades" or "elementary average daily attendance" means and 27 applies to students enrolled in grades one (1) through six (6) inclusive, or 28 any combination thereof. 29 4. "Elementary schools" are schools that serve grades one (1) through six 30 (6) inclusive, or any combination thereof. 31 5. "Elementary/secondary schools" are schools that serve grades one (1) 32 through twelve (12) inclusive, or any combination thereof. 33 6. "Homebound student" means any student who would normally and regularly 34 attend school, but is confined to home or hospital because of an illness or 35 accident for a period of ten (10) or more consecutive days. 36 57. "Kindergarten" or "kindergarten average daily attendance" means and 37 applies to all students enrolled in a school year, less than school year, or 38 summer kindergarten program. 39 68. "Public school district" or "school district" or "district" means any 40 public school district organized under the laws of this state, including spe- 41 cially chartered school districts. 42 79. "Secondary grades" or "secondary average daily attendance" means and 43 applies to students enrolled in grades seven (7) through twelve (12) inclu- 2 1 sive, or any combination thereof. 2 10. "Secondary schools" are schools that serve grades seven (7) through 3 twelve (12) inclusive, or any combination thereof. 4 811. "Separate elementary school" means an elementary school which mea- 5 sured from itself, traveling on an all-weather road, is situated more than ten 6 (10) miles distance from both the nearest elementary school and 7 elementary/secondary school serving like grades within the same school dis- 8 trict and from the location of the office of the superintendent of schools of 9 such district, or from the office of the chief administrative officer of such 10 district if the district employs no superintendent of schools. 11 912. "Separate kindergarten" means a kindergarten which measured from 12 itself, traveling on an all-weather road, is situated more than ten (10) miles 13 distance from both the nearest kindergarten school within the same school dis- 14 trict and from the location of the office of the superintendent of schools of 15 such district, or from the office of the chief administrative officer of such 16 district if the district employs no superintendent of schools. 17 1 03. "Separate secondary school" means any secondary school which is 18 located more than fifteen (15) miles by an all-weather road from any other 19 secondary school and elementary/secondary school serving like grades operated 20 by the district. 21 1 14. "Support program" means the educational support program as described 22 in section 33-1002, Idaho Code, the transportation support program described 23 in section 33-1006, Idaho Code, and the exceptional education support program 24 as provided in section 33-1007, Idaho Code. 25 1 25. "Support unit" means a function of average daily attendance used in 26 the calculations to determine financial support provided the public school 27 districts. 28 1 36. "Teacher" means any person employed in a teaching, instructional, 29 supervisory, educational adinistrativeadministrative or educational and sci- 30 entific capacity in any school district. In case of doubt the state board of 31 education shall determine whether any person employed requires certification 32 as a teacher. 33 SECTION 2. That Section 33-1002, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 33-1002. EDUCATIONAL SUPPORT PROGRAM. The educational support program is 36 calculated as follows: 37 1. State Educational Support Funds. Add the state appropriation, includ- 38 ing the moneys available in the public school income fund, together with all 39 miscellaneous revenues to determine the total state funds. 40 2. From the total state funds subtract the following amounts needed for 41 state support of special programs provided by a school district: 42 a. Pupil tuition-equivalency allowances as provided in section 33-1002B, 43 Idaho Code; 44 b. Transportation support program as provided in section 33-1006, Idaho 45 Code; 46 c. Feasibility studies allowance as provided in section 33-1007A, Idaho 47 Code; 48 d. The approved costs for border district allowance, provided in section 49 33-1403, Idaho Code, as determined by the state superintendent of public 50 instruction; 51 e. The approved costs for exceptional child approved contract allowance, 52 provided in subsection 2. of section 33-2004, Idaho Code, as determined by 53 the state superintendent of public instruction; 3 1 f. Certain expectant and delivered mothers allowance as provided in sec- 2 tion 33-2006, Idaho Code; 3 g. Salary-based apportionment calculated as provided in sections 33-1004 4 through 33-1004F, Idaho Code; 5 h. Unemployment insurance benefit payments according to the provisions of 6 section 72-1349A, Idaho Code; 7 i. For programs to provide basic curricula necessary to enable students 8 to enter academic or professional-technical postsecondary education pro- 9 grams, an allocation of $300 per support unit for the 1994-95 school year 10 only; 11 j. For provision of teacher supplies to facilitate classroom instruction, 12 an allocation of $200 per support unit for the 1994-95 school year only; 13 k. For expenditure as provided by the public school technology program, 14 $10,400,000 for the 1994-95 school year; 15 l. For additional school innovation pilot project grants based on recom- 16 mendations of the Idaho school reform committee, $2,000,000 for the 17 1994-95 school year; and18 m. For the support of provisions that provide a safe environment condu- 19 cive to student learning and maintain classroom discipline, an allocation 20 of $300 per support unit; and 21 n. Any additional amounts as required by statute to effect administrative 22 adjustments or as specifically required by the provisions of any bill of 23 appropriation; 24 to secure the state educational support funds. 25 3. Local Districts' Contribution Calculation. Without including any 26 allowance as a credit for prepaid taxes as provided by section 63-1607, Idaho 27 Code, the local districts' contribution shall be four-tenths percent (.4%) 28 during fiscal year 1994-95 and each year thereafter, of the total state 29 adjusted market value for assessment purposes for the previous year with such 30 value being determined by the provisions of section 63-315, Idaho Code, and 31 four-tenths percent (.4%) during fiscal year 1994-95 and each year thereafter, 32 of the cooperative electrical associations' property values that have been 33 derived from the taxes paid in lieu of ad valorem taxes for the previous year 34 as provided in section 63-3502, Idaho Code. 35 4. Educational Support Program Distribution Funds. Add the local dis- 36 tricts' contribution, subsection 3. of this section, and the state educational 37 support program funds, subsection 1. of this section, together to secure the 38 total educational support program distribution funds. 39 5. Average Daily Attendance. The total state average daily attendance 40 shall be the sum of the average daily attendance of all of the school dis- 41 tricts of the state. The state board of education shall establish rules set- 42 ting forth the procedure to determine average daily attendance and the time 43 for, and method of, submission of such report. Average daily attendance calcu- 44 lation shall be carried out to the nearest hundredth. Computation of average 45 daily attendance shall also be governed by the provisions of section 33-1003A, 46 Idaho Code. 47 6. Support Units. The total state support units shall be determined by 48 using the tables set out hereafter called computation of kindergarten support 49 units, computation of elementary support units, computation of secondary sup- 50 port units, computation of exceptional education support units, and computa- 51 tion of alternative school secondary support units. The sum of all of the 52 total support units of all school districts of the state shall be the total 53 state support units. 4 1 COMPUTATION OF KINDERGARTEN SUPPORT UNITS 2 Average Daily 3 Attendance Attendance Divisor Units Allowed 4 41 or more .... 40....................... 1 or more as computed 5 31 - 40.99 ADA.... -....................... 1 6 26 - 30.99 ADA.... -....................... .85 7 21 - 25.99 ADA.... -....................... .75 8 16 - 20.99 ADA.... -....................... .6 9 8 - 15.99 ADA.... -....................... .5 10 1 - 7.99 ADA.... -....................... count as elementary 11 COMPUTATION OF ELEMENTARY SUPPORT UNITS 12 Average Daily 13 Attendance Attendance Divisor Minimum Units Allowed 14 300 or more ADA........................................ 15 15 ..23...grades 4,5 & 6.... 16 ..22...grades 1,2 & 3....1994-95 17 ..21...grades 1,2 & 3....1995-96 18 ..20...grades 1,2 & 3....1996-97 19 and each year thereafter. 20 160 to 299.99 ADA... 20..................... 8.4 21 110 to 159.99 ADA... 19..................... 6.8 22 71.1 to 109.99 ADA... 16..................... 4.7 23 51.7 to 71.0 ADA... 15..................... 4.0 24 33.6 to 51.6 ADA... 13..................... 2.8 25 16.6 to 33.5 ADA... 12..................... 1.4 26 1.0 to 16.5 ADA... n/a.................... 1.0 27 COMPUTATION OF SECONDARY SUPPORT UNITS 28 Average Daily 29 Attendance Attendance Divisor Minimum Units Allowed 30 750 or more .... 18.5..................... 47 31 400 - 749.99 ADA.... 16....................... 28 32 300 - 399.99 ADA.... 14.5..................... 22 33 200 - 299.99 ADA.... 13.5..................... 17 34 100 - 199.99 ADA.... 12....................... 9 35 99.99 or fewer Units allowed as follows: 36 Grades 7-12 ......................... 8 37 Grades 9-12 ......................... 6 38 Grades 7- 9 ......................... 1 per 14 ADA 39 Grades 7- 8 ......................... 1 per 16 ADA 40 COMPUTATION OF EXCEPTIONAL EDUCATION SUPPORT UNITS 41 Average Daily 42 Attendance Attendance Divisor Minimum Units Allowed 43 14 or more .... 14.5..................... 1 or more as computed 44 12 - 13.99.... -....................... 1 45 8 - 11.99.... -....................... .75 46 4 - 7.99.... -....................... .5 47 1 - 3.99.... -....................... .25 48 COMPUTATION OF ALTERNATIVE SCHOOL SECONDARY SUPPORT UNITS 49 Pupils in Attendance Attendance Divisor Minimum Units Allowed 50 12 or more.......... 12...................... 1 or more as computed 5 1 In applying these tables to any given separate attendance unit, no school 2 district shall receive less total money than it would receive if it had a 3 lesser average daily attendance in such separate attendance unit. In applying 4 the kindergarten table to a kindergarten program of less days than a full 5 school year, the support unit allowance shall be in ratio to the number of 6 days of a full school year. The tables for exceptional education and alterna- 7 tive school secondary support units shall be applicable only for programs 8 approved by the state department of education following rules established by 9 the state board of education. Moneys generated from computation of support 10 units for alternative schools shall be utilized for alternative school pro- 11 grams. School district administrative and facility costs may be included as 12 part of the alternative school expenditures. 13 7. State Distribution Factor per Support Unit. Divide educational support 14 program distribution funds, after subtracting the amounts necessary to pay the 15 obligations specified in subsection 2. of this section, by the total state 16 support units to secure the state distribution factor per support unit. 17 8. District Share of State Funds for Educational Support Program. Ascer- 18 tain a district's share of state funds for the educational support program as 19 follows: 20 a. District Contribution Calculation. Without including any allowance as 21 a credit for prepaid taxes, as provided in section 63-1607, Idaho Code, 22 the district contribution calculation shall be the rate determined under 23 subsection 3. of this section. 24 b. District Support Units. The number of support units for each school 25 district in the state shall be determined as follows: 26 (1) Divide the actual average daily attendance, excluding students 27 approved for inclusion in the exceptional child educational program, 28 for the administrative schools and each of the separate schools and 29 attendance units by the appropriate divisor from the tables of sup- 30 port units in this section, then add the quotients to obtain the 31 district's support units allowance for regular students, kindergarten 32 through grade 12 including alternative school secondary students. 33 Calculations in application of this subsection shall be carried out 34 to the nearest tenth. 35 (2) Divide the combined totals of the average daily attendance of 36 all preschool, handicapped, kindergarten, elementary, secondary and 37 juvenile detention center students approved for inclusion in the 38 exceptional child program of the district by the appropriate divisor 39 from the table for computation of exceptional education support units 40 to obtain the number of support units allowed for the district's 41 approved exceptional child program. Calculations for this subsection 42 shall be carried out to the nearest tenth when more than one (1) unit 43 is allowed. 44 (3) The total number of support units of the district shall be the 45 sum of the total support units for regular students, subsection 46 8.b.(1) of this section, and the support units allowance for the 47 approved exceptional child program, subsection 8.b.(2) of this sec- 48 tion. 49 c. Total District Allowance Educational Program. Multiply the district's 50 total number of support units, carried out to the nearest tenth, by the 51 state distribution factor per support unit and to this product add the 52 approved amount of programs of the district provided in subsection 2. of 53 this section to secure the district's total allowance for the educational 54 support program. 55 d. District Share. To secure the district's share of state apportionment, 6 1 subtract the amount of the local district contribution calculation, sub- 2 section 3. of this section, from the amount of the total district allow- 3 ance, subsection 8.c. of this section. 4 e. Adjustment of District Share. The contract salary of every noncertifi- 5 cated teacher shall be subtracted from the district's share as calculated 6 from the provisions of subsection 8.d. of this section. 7 SECTION 3. That Section 33-1003, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 33-1003. SPECIAL APPLICATIONS OF EDUCATIONAL SUPPORT PROGRAM. 1. Decrease 10 in Average Daily Attendance. -- Any school district which has a decrease in 11 total average daily attendance of one percent (1%) of its average daily atten- 12 dance in the then current school year from the total average daily attendance 13 used for determining the allowance in the educational support program for the 14 school year immediately preceding, the allowance of funds from the educational 15 support program may be based on the average daily attendance of the school 16 year immediately preceding, less one percent (1%). When this provision is 17 applied, the decrease in average daily attendance shall be proportionately 18 distributed among the various categories of support units that are appropriate 19 for the district. 20 2. Application of Support Program to Separate Schools/Attendance Units in 21 District. 22 a. Separate Elementary School. -- Any separate elementary school shall be 23 allowed to participate in the educational support program as though the 24 school were the only elementary school operated by the district. 25 b. Hardship Elementary School. -- Upon application of the board of 26 trustees of a school district, the state board of education is empowered 27 to determine that a given elementary school or elementary schools within 28 the school district, not otherwise qualifying, are entitled to be counted 29 as a separate elementary school as defined in section 33-1001, Idaho Code, 30 when, in the discretion of the state board of education, special condi- 31 tions exist warranting the retention of the school as a separate atten- 32 dance unit and the retention results in a substantial increase in cost per 33 pupil in average daily attendance above the average cost per pupil in 34 average daily attendance of the remainder of the district's elementary 35 grade school pupils. An elementary school operating as a previously 36 approved hardship elementary school shall continue to be considered as a 37 separate attendance unit, unless the hardship status of the elementary 38 school is rescinded by the state board of education. 39 c. Separate Secondary School. -- Any separate secondary school shall be 40 allowed to participate in the educational support program as though the 41 school were the only secondary school operated by the district. 42 d. Elementary/Secondary School Attendance Units. -- Elementary grades in 43 an elementary/secondary school will be funded as a separate attendance 44 unit if all elementary grades served are situated more than ten (10) miles 45 distance from both the nearest like elementary grades within the same 46 school district and from the location of the office of the superintendent 47 of schools of such district, or from the office of the chief administra- 48 tive officer of such district if the district employs no superintendent of 49 schools. Secondary grades in an elementary/secondary school will be funded 50 as a separate attendance unit if all secondary grades served are located 51 more than fifteen (15) miles by an all-weather road from the nearest like 52 secondary grades operated by the district. 53 e. Hardship Secondary School. -- Any district which operated two (2) sec- 7 1 ondary schools separated by less than fifteen (15) miles, but which dis- 2 trict was created through consolidation subsequent to legislative action 3 pursuant to chapter 111, laws of 1947, and which school buildings were 4 constructed prior to 1935, shall be entitled to count the schools as sepa- 5 rate attendance units. 6 f. Minimum Pupils Required. -- Any elementary school having less than ten 7 (10) pupils in average daily attendance shall not be allowed to partici- 8 pate in the state or county support program unless the school has been 9 approved for operation by the state board of education. 10 3. Remote Schools. -- The board of trustees of any Idaho school district 11 which operates and maintains a school which is remote and isolated from the 12 other schools of the state because of geographical or topographical conditions 13 may petition the state board of education to recognize and approve the school 14 as a remote and necessary school. The petition shall be in form and content 15 approved by the state board of education and shall provide such information as 16 the state board of education may require. Petitions for the recognition of a 17 school as a remote and necessary school shall be filed annually at least 18 ninety (90) days prior to the date of the annual meeting of the board of 19 trustees as established in section 33-510, Idaho Code. 20 Within forty-five (45) days after the receipt of a petition for the recog- 21 nition of a remote and necessary school, the state board of education shall 22 either approve or disapprove the petition and notify the board of trustees of 23 its decision. Schools which the state board of education approves as being 24 necessary and remote shall be allowed adequate funding within the support pro- 25 gram for an acceptable educational program for the students of the school. In 26 the case of a remote and necessary secondary school, grades 7-12, the educa- 27 tional program shall be deemed acceptable when, in the opinion of the state 28 board of education, the accreditation standard relating to staff size, estab- 29 lished in accordance with section 33-119, Idaho Code, has been met. The final 30 determination of an acceptable program and adequate funding in the case of a 31 remote and necessary elementary school shall be made by the state board of 32 education. 33 4. Support Program When District Boundaries are Changed. 34 a. In new districts formed by the division of a district, the support 35 program computed for the district divided in its last year of operation, 36 shall be apportioned to the new districts created by the division, in the 37 proportion that the average daily attendance of pupils, elementary and 38 secondary combined, residing in the area of each new district so created, 39 is to the average daily attendance of all pupils, elementary and secondary 40 combined, in the district divided in its last year of operation before the 41 division. 42 b. When boundaries of districts are changed by excision or annexation of 43 territory, the support program of any district from which territory is 44 excised for the last year of operation before such excision shall be 45 divided, and apportioned among the districts involved, as prescribed in 46 subsection 4a. hereofof this section. 47 c. In new districts formed by consolidation of former districts, the sup- 48 port program allowance for a seven (7) year period following the formation 49 of the new district, shall not be less than the combined support program 50 allowances of the component districts in the last year of operation 51 before consolidation. 52 5. For the fiscal year which commences on July 1, 1986, and for each suc- 53 ceeding fiscal year, any school district whose adjusted market value for 54 assessment purposes decreases forty percent (40%) or more from the previous 55 year's adjusted market value for assessment purposes as such valuation existed 8 1 on December 31, is eligible to receive an adjustment to its educational sup- 2 port program entitlement, subject to qualifications as follows: 3 a. The adjusted market value for assessment purposes has decreased forty 4 percent (40%) or more from the previous year's adjusted market value for 5 assessment purposes as such valuation existed on December 31; and 6 b. The school levy to be certified for the general maintenance and opera- 7 tion fund shall be no less than four-tenths of one percent (.4%); and 8 c. An eligible school district has made application to the state depart- 9 ment of education for an adjustment to entitlement from the state educa- 10 tional support program on or before June 1 of the fiscal year. Such 11 application must document the need for additional funds and must include a 12 district plan to minimize impact of a reduced local tax base. 13 SECTION 4. That Section 33-515, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 33-515. ISSUANCE OF RENEWABLE CONTRACTS. During the third full year of 16 continuous employment by the same school district, including any specially 17 chartered district, each certificated employee named in subsection 1 36. of 18 section 33-1001, Idaho Code, and each school nurse and school librarian shall 19 be evaluated for a renewable contract and shall, upon having been offered a 20 contract for the next ensuing year, having given notice of acceptance of 21 renewal and upon signing a contract for a fourth full year, be placed on a 22 renewable contract status with said school district subject to the provisions 23 included in this chapter. 24 After the third full year of employment and at least once annually, the 25 performance of each such certificated employee, school nurse, or school 26 librarian shall be evaluated according to criteria and procedures established 27 by the board of trustees in accordance with general guidelines approved by the 28 state board of education. Except as otherwise provided, that person shall have 29 the right to automatic renewal of contract by giving notice, in writing, of 30 acceptance of renewal. Such notice shall be given to the board of trustees of 31 the school district then employing such person not later than the fifteenth 32 day of June preceding the expiration of the term of the current contract. 33 Except as otherwise provided by this paragraph, the board of trustees shall 34 notify each person entitled to be employed on a renewable contract of the 35 requirement that such person must give the notice hereinabove and that failure 36 to do so may be interpreted by the board as a declination of the right to 37 automatic renewal or the offer of another contract. Such notification shall be 38 made, in writing, not later than the twenty-fifth day of May, in each year, 39 except to those persons to whom the board, prior to said date, has sent pro- 40 posed contracts for the next ensuing year, or to whom the board has given the 41 notice required by this section. 42 Any contract automatically renewed under the provisions of this section 43 shall be for the same length as the term stated in the current contract and at 44 a salary no lower than that specified therein, to which shall be added such 45 increments as may be determined by the statutory or regulatory rights of such 46 employee by reason of training, service, or performance. 47 Nothing herein shall prevent the board of trustees from offering a renewed 48 contract increasing the salary of any certificated person, or from reassigning 49 an administrative employee to a nonadministrative position with appropriate 50 reduction of salary from the preexisting salary level. In the event the board 51 of trustees reassigns an administrative employee to a nonadministrative posi- 52 tion, the board shall give written notice to the employee which contains a 53 statement of the reasons for the reassignment. The employee, upon written 9 1 request to the board, shall be entitled to an informal review of that deci- 2 sion. The process and procedure for the informal review shall be determined by 3 the local board of trustees. 4 Before a board of trustees can determine not to renew for reasons of an 5 unsatisfactory report of the performance of any certificated person whose con- 6 tract would otherwise be automatically renewed, or to renew the contract of 7 any such person at a reduced salary, such person shall be entitled to a rea- 8 sonable period of probation. This period of probation shall be preceded by a 9 written notice from the board of trustees with reasons for such probationary 10 period and with provisions for adequate supervision and evaluation of the 11 person's performance during the probationary period. Such period of probation 12 shall not affect the person's renewable contract status. Consideration of pro- 13 bationary status for certificated personnel is consideration of the status of 14 an employee within the meaning of section 67-2345, Idaho Code, and may be held 15 in executive session. If the consideration results in probationary status, the 16 individual on probation shall not be named in the minutes of the meeting. A 17 record of the decision shall be placed in the teacher's personnel file. 18 If the board of trustees takes action to immediately discharge or dis- 19 charge upon termination of the current contract a certificated person whose 20 contract would otherwise be automatically renewed, or to renew the contract of 21 any such person at a reduced salary, the action of the board shall be consis- 22 tent with the procedures specified in section 33-513(5), Idaho Code, and fur- 23 thermore, the board shall notify the employee in writing whether there is just 24 and reasonable cause not to renew the contract or to reduce the salary of the 25 affected employee, and if so, what reasons it relied upon in that determina- 26 tion. 27 If the board of trustees, for reasons other than unsatisfactory service, 28 for the ensuing contract year, determines to change the length of the term 29 stated in the current contract, reduce the salary or not renew the contract of 30 a certificated person whose contract would otherwise be automatically renewed, 31 nothing herein shall require a probationary period. 32 SECTION 5. That Section 33-1004G, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 33-1004G. EARLY RETIREMENT INCENTIVE. (1) Each certificated employee of 35 an Idaho public school district as defined in section 33-1001 1 36., Idaho 36 Code, is eligible for an early retirement incentive, provided they meet the 37 following criteria: 38 (a) The employee has completed a minimum of ten (10) years of continuous 39 full-time certified employment in Idaho public school districts at the 40 time of application. 41 (b) The employee is not eligible for unreduced service, early or disabil- 42 ity retirement from the public employee retirement system of Idaho at the 43 time of application. 44 (c) The employee is fifty-five (55) years old before August 15 of the 45 year the application is made. 46 (d) The employee submits his/her application to the state superintendent 47 of public instruction on or before April 1 of the year of application. 48 (e) The employee is contracted with an Idaho public school district for 49 the entire school year during the year of application and has not been 50 terminated or on a leave of absence for the current or upcoming school 51 year. 52 (2) (a) Full-time qualifying applicants shall receive as a one (1) time 53 incentive the following amount of the employee's qualifying salary allo- 10 1 cation as provided in section 33-1004E, Idaho Code: 2 at 55 years of age 55% of allocation 3 at 56 years of age 50% of allocation 4 at 57 years of age 45% of allocation 5 at 58 years of age 40% of allocation 6 at 59 years of age 30% of allocation 7 at 60 years of age 30% of allocation 8 at 61 years of age 20% of allocation 9 at 62 years of age 20% of allocation 10 at 63 years of age and over 0% of allocation 11 (b) Certified employees working less than full-time in the application 12 year will have the incentive payment prorated according to their full-time 13 equivalent (FTE) percentage. 14 (c) Incentive payments for certified employees not placed on the experi- 15 ence and education multiplier table as provided in section 33-1004A, Idaho 16 Code, will be calculated using the BA column of the table. 17 (3) Incentives and the employer's share of FICA benefits shall be paid by 18 the state department of education to the Idaho public school district with 19 which the applicant was last contracted on or before July 31 of the year of 20 application and acceptance. 21 (4) Incentives shall be considered additional compensation flowing from 22 the employment relationship and subject to federal and state tax laws. Incen- 23 tives shall not be considered salary for purposes of the public employee 24 retirement system. 25 (5) Any employee receiving an early retirement incentive as provided in 26 this section shall not be eligible for future employment with an Idaho school 27 district where such employment would again qualify him/her for participation 28 in the state retirement system. 29 (6) Any applicant choosing to withdraw their application must notify the 30 state superintendent of public instruction in writing no later than June 20 in 31 the year of application. 32 (7) A special application of the early retirement incentive shall 33 supercedesupersede the limitations of this section to the extent necessary to 34 comply with this subsection. An otherwise qualified certificated employee who 35 becomes medically unable to work prior to July 1 of any year shall be eligible 36 to apply for the early retirement incentive for which the employee would have 37 been eligible retroactive to April 1.
STATEMENT OF PURPOSE RS 10043 This legislation will clarify the ambiguity surrounding some of the problems certain schools have in calculating eligibility for separate school status when there are both elementary and secondary students attending the schools. The amendments define elementary schools, secondary schools and elementary/secondary schools. The legislation also approves continuing the approved hardship now in place for elementary schools unless the status is rescinded by the State Board of Education and defines limited hardship secondary school status. FISCAL IMPACT There will be no impact on state revenues but distribution of state school funding as previously existed will continue. Contact Name- Sen. Marguerite McLaughlin Sen. Gary Schroeder Phone: 332-1351 332-1321 STATEMENT OF PURPOSE/FISCAL NOTE S1457