2001 Legislation
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HOUSE BILL NO. 324 – School employee/noncertificated

HOUSE BILL NO. 324

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN 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.

Statement of Purpose / Fiscal Impact


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                        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