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H0324..........................................................by EDUCATION SCHOOL EMPLOYEES - NONCERTIFICATED - Adds to existing law to provide that a school district and an education organization representing noncertificated employees of the school district may enter into a meet and confer agreement; to provide definitions; to provide for representation of each party in meeting and conferring; and to provide intent regarding the existing powers, duties and responsibilities of the Legislature, State Board of Education and local boards of trustees of school districts. 02/23 House intro - 1st rdg - to printing 02/26 Rpt prt - to Educ 03/07 Rpt out - rec d/p - to 2nd rdg 03/08 2nd rdg - to 3rd rdg 03/12 3rd rdg - FAILED - 20-50-0 AYES -- Bieter, Black, Boe, Bradford, Chase, Cuddy, Hadley, Henbest, Jaquet, Jones, Kunz, Marley, Montgomery, Pomeroy, Ridinger, Robison, Sellman, Shepherd, Smylie, Trail NAYS -- Barraclough, Barrett, Bedke, Bell, Bolz, Bruneel, Callister, Campbell, Clark, Collins, Crow, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hammond, Harwood, Higgins, Hornbeck, Kellogg, Kendell, Lake, Langford, Loertscher, Mader, McKague, Meyer, Mortensen, Moss, Moyle, Pearce, Pischner, Raybould, Roberts, Sali, Schaefer, Smith, Stevenson, Stone, Swan(Block), Tilman, Wheeler, Wood, Young, Mr. Speaker Absent and excused -- None Floor Sponsor -- Marley Filed w/ Office of the Chief Clerk
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 324 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO NONCERTIFICATED EMPLOYEES OF PUBLIC SCHOOL DISTRICTS; AMENDING 3 CHAPTER 5, TITLE 33, IDAHO CODE, BY THE ADDITION OF NEW SECTIONS 33-517B, 4 33-517C, 33-517D AND 33-517E, IDAHO CODE, TO PROVIDE THAT A SCHOOL DIS- 5 TRICT AND AN EDUCATION ORGANIZATION REPRESENTING NONCERTIFICATED EMPLOYEES 6 OF THE SCHOOL DISTRICT MAY ENTER INTO MEET AND CONFER AGREEMENTS, TO PRO- 7 VIDE DEFINITIONS, TO PROVIDE FOR REPRESENTATION OF EACH PARTY IN MEETING 8 AND CONFERRING, AND TO PROVIDE INTENT REGARDING THE EXISTING POWERS, 9 DUTIES AND RESPONSIBILITIES OF THE LEGISLATURE, STATE BOARD OF EDUCATION 10 AND LOCAL BOARDS OF TRUSTEES OF SCHOOL DISTRICTS. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Chapter 5, Title 33, Idaho Code, be, and the same is 13 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 14 ignated as Section 33-517B, Idaho Code, and to read as follows: 15 33-517B. SCHOOL DISTRICTS -- NONCERTIFICATED EMPLOYEES -- MEET AND CONFER 16 AGREEMENTS. The board of trustees of each school district, including specially 17 chartered districts, or the designated representative of such district, is 18 hereby empowered to and shall, upon its own initiative or upon the request of 19 a local education organization representing noncertificated employees, enter 20 into a meet and confer agreement with the local education organization or the 21 designated representative of such organization and shall meet and confer with 22 such party in good faith on those matters specified in any such agreement. A 23 request for meet and confer may be initiated by either party to such agree- 24 ment. The local board of trustees shall decide in what form any agreement 25 reached with the local education organization during the meet and confer proc- 26 ess shall be recorded. Such form may include local school board policy or a 27 written agreement between the local board of trustees and the local education 28 organization. 29 SECTION 2. That Chapter 5, Title 33, Idaho Code, be, and the same is 30 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 31 ignated as Section 33-517C, Idaho Code, and to read as follows: 32 33-517C. DEFINITIONS. Definition of terms as used in this act: 33 (1) "Local education organization" means any local district organization 34 duly chosen and selected by a majority of the noncertificated employees as 35 their representative organization for meeting and conferring under this act. 36 (2) "Meet and confer" means meeting and conferring in good faith by a 37 local board of trustees and the authorized local education organization, or 38 the respective designated representatives of both parties, for the purpose of 39 addressing issues regarding the terms and conditions of employment for noncer- 40 tificated employees. 41 (3) "Noncertificated employee" means any noncertificated employee of a 2 1 school district, including specially chartered districts, who serves in a 2 position the performance of which does not require a certificate issued under 3 the authority of the state board of education; provided however, noncertifica- 4 ted supervisors may be excluded from the noncertificated employee group if a 5 meet and confer agreement between the local board of trustees and the local 6 education organization so specifies. 7 SECTION 3. That Chapter 5, Title 33, Idaho Code, be, and the same is 8 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 9 ignated as Section 33-517D, Idaho Code, and to read as follows: 10 33-517D. SCHOOL DISTRICTS -- NONCERTIFICATED EMPLOYEES -- REPRESENTATIVES 11 FOR MEET AND CONFER. The local education organization shall be the exclusive 12 representative for all noncertificated employees in that district for purposes 13 of meeting and conferring with the local board of trustees concerning matters 14 specified in the meet and confer agreement. The individual selected to meet 15 and confer for the noncertificated employees shall be a member of the organi- 16 zation designated to represent the noncertificated employees and shall be a 17 noncertificated employee of the local school district. However, in the event a 18 local board of trustees chooses to designate one (1) or more individuals other 19 than the superintendent or an elected trustee of the school district as its 20 representative to meet and confer with the local education organization, the 21 local education organization is authorized to designate any individual of its 22 choosing to act as its representative for the purpose of meeting and confer- 23 ring with the representative of the local board of trustees. A local board of 24 trustees or its designated representative shall meet and confer on matters 25 covered by a meet and confer agreement only with the local education organiza- 26 tion or its designated representative. 27 SECTION 4. That Chapter 5, Title 33, Idaho Code, be, and the same is 28 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 29 ignated as Section 33-517E, Idaho Code, and to read as follows: 30 33-517E. INTENT OF ACT. Nothing contained in section 33-517B, 33-517C or 31 33-517D, Idaho Code, is intended to nor shall anything conflict with, or abro- 32 gate the powers or duties and responsibilities vested in the legislature, 33 state board of education or the local boards of trustees of school districts 34 by the laws of the state of Idaho. Each school district board of trustees is 35 entitled, without meeting or conferring or reference to any meet and confer 36 agreement, to take action that may be necessary to carry out its responsibil- 37 ity due to situations of emergency or acts of God.
REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT STATEMENT OF PURPOSE RS 11065 This legislation provides for a "Meet and Confer" process whereby non-certificated employees, working in Idaho’s K-12 Public Schools, shall have the right to discuss the terms and conditions of their employment with a local board of trustees. The local board of trustees or the local education organization representing the non-certified employees may initiate a meet and confer process. The non-certificated employees must have a simple majority of the non-certificated employees agree to enter into a meet and confer process prior to initiating such a process. The local board of trustees shall decide in what form any agreement(s) reached with the local education organization during the meet and confer shall be recorded. Such form may include local school board policy or a written agreement between the local board of trustees and the local education organization representing the non-certificated employees. FISCAL IMPACT There may be a fiscal impact to local school districts because of the meet and confer process. There will be no impact to the state General Fund. Contact Name: Representative Bert Marley Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 324