View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0325..........................................................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 negotiated agreement; to
provide definitions; to provide for representatives of each party in the
negotiations; to provide for appointment and compensation of mediators; to
provide for appointment and duties of a fact-finder; 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
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 325
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, 33-517E, 33-517F AND 33-517G, IDAHO CODE, TO PROVIDE
5 THAT A SCHOOL DISTRICT AND AN EDUCATION ORGANIZATION REPRESENTING NONCER-
6 TIFICATED EMPLOYEES OF THE SCHOOL DISTRICT MAY ENTER INTO A NEGOTIATION
7 AGREEMENT, TO PROVIDE DEFINITIONS, TO PROVIDE FOR REPRESENTATION OF EACH
8 PARTY IN THE NEGOTIATIONS, TO PROVIDE FOR APPOINTMENT AND COMPENSATION OF
9 MEDIATORS, TO PROVIDE FOR APPOINTMENT AND DUTIES OF A FACT-FINDER AND TO
10 PROVIDE INTENT REGARDING THE EXISTING POWERS, DUTIES AND RESPONSIBILITIES
11 OF THE LEGISLATURE, STATE BOARD OF EDUCATION AND LOCAL BOARDS OF TRUSTEES
12 OF SCHOOL DISTRICTS.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Chapter 5, Title 33, Idaho Code, be, and the same is
15 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
16 ignated as Section 33-517B, Idaho Code, and to read as follows:
17 33-517B. SCHOOL DISTRICTS -- NONCERTIFICATED EMPLOYEES -- NEGOTIATION
18 AGREEMENTS. The board of trustees of each school district, including specially
19 chartered districts, or the designated representative of such district, is
20 hereby empowered to and shall upon its own initiative or upon the request of a
21 local education organization representing noncertificated employees, enter
22 into a negotiation agreement with the local education organization or the des-
23 ignated representative of such organization and negotiate with such party in
24 good faith on those matters specified in any such negotiation agreement
25 between the local board of trustees and the local education organization. A
26 request for negotiations may be initiated by either party to such negotiation
27 agreement. Accurate records or minutes of the proceedings shall be kept, and
28 shall be available for public inspection at the offices of the state board of
29 education during normal business hours. Joint ratification of all final offers
30 of settlement shall be made in open meetings.
31 SECTION 2. That Chapter 5, Title 33, Idaho Code, be, and the same is
32 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
33 ignated as Section 33-517C, Idaho Code, and to read as follows:
34 33-517C. DEFINITIONS. Definition of terms as used in this act:
35 (1) "Local education organization" means any local district organization
36 duly chosen and selected by a majority of the noncertificated employees as
37 their representative organization for negotiations under this act.
38 (2) "Negotiations" means meeting and conferring in good faith by a local
39 board of trustees and the authorized local education organization, or the
40 respective designated representatives of both parties, for the purpose of
41 reaching an agreement upon matters and conditions subject to negotiations as
2
1 specified in a negotiation agreement between said parties.
2 (3) "Noncertificated employee" means any noncertificated employee of a
3 school district, including specially chartered districts, who serves in a
4 position, the performance of which does not require a certificate issued under
5 the authority of the state board of education; provided however, noncertifica-
6 ted supervisors may be excluded from the noncertificated employee group if a
7 negotiations agreement between the local board of trustees and the local edu-
8 cation organization so specifies.
9 SECTION 3. That Chapter 5, Title 33, Idaho Code, be, and the same is
10 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
11 ignated as Section 33-517D, Idaho Code, and to read as follows:
12 33-517D. SCHOOL DISTRICTS -- NONCERTIFICATED EMPLOYEES -- REPRESENTATIVES
13 IN NEGOTIATIONS. The local education organization shall be the exclusive rep-
14 resentative for all noncertificated employees in that district for purposes of
15 negotiations. The individual selected to negotiate for the noncertificated
16 employees shall be a member of the organization designated to represent the
17 noncertificated employees and shall be a noncertificated employee of the local
18 school district. However, in the event a local board of trustees chooses to
19 designate one (1) or more individuals other than the superintendent or an
20 elected trustee of the school district as its representative for negotiations,
21 the local education organization is authorized to designate any individual of
22 its choosing to act as its representative for negotiations. A local board of
23 trustees or its designated representative shall negotiate matters covered by a
24 negotiations agreement only with the local education organization or its des-
25 ignated representative.
26 SECTION 4. That Chapter 5, Title 33, Idaho Code, be, and the same is
27 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
28 ignated as Section 33-517E, Idaho Code, and to read as follows:
29 33-517E. APPOINTMENT OF MEDIATORS -- COMPENSATION. In the event the par-
30 ties in negotiations are not able to come to an agreement upon items submitted
31 for negotiations under a negotiations agreement between the parties, one (1)
32 or more mediators may be appointed. The issue or issues in dispute shall be
33 submitted to mediation at the request of either party in an effort to induce
34 the representative of the local board of trustees and the local education
35 organization to resolve the conflict. The procedures for appointment of and
36 compensation for the mediators shall be determined by both parties.
37 SECTION 5. That Chapter 5, Title 33, Idaho Code, be, and the same is
38 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
39 ignated as Section 33-517F, Idaho Code, and to read as follows:
40 33-517F. APPOINTMENT OF FACT-FINDERS -- HEARINGS. (1) If mediation fails
41 to bring agreement on all negotiable issues, the issues which remain in dis-
42 pute may be submitted to fact-finding by request of either party. One (1) or
43 more fact-finders shall be appointed by the parties by mutual agreement. If
44 such agreement on appointment of fact-finders cannot be reached within thirty
45 (30) days of the request for such appointment, the state superintendent of
46 public instruction shall make such appointment. The fact-finder shall have
47 authority to establish procedural rules, conduct investigations and hold hear-
48 ings during which each party to the dispute shall be given an opportunity to
49 present its case with supporting evidence.
3
1 (2) Within thirty (30) days following appointment of the fact-finder, he
2 shall submit a report in writing to the respective representatives of the
3 board of trustees and the noncertificated employees, setting forth findings of
4 fact and recommendations on the issues submitted.
5 SECTION 6. That Chapter 5, Title 33, Idaho Code, be, and the same is
6 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
7 ignated as Section 33-517G, Idaho Code, and to read as follows:
8 33-517G. INTENT OF ACT. Nothing contained in sections 33-517B through
9 33-517F, Idaho Code, is intended to nor shall anything conflict with, or abro-
10 gate the powers or duties and responsibilities vested in the legislature,
11 state board of education or the local boards of trustees of school districts
12 by the laws of the state of Idaho. Each school district board of trustees is
13 entitled, without negotiation or reference to any negotiated agreement, to
14 take action that may be necessary to carry out its responsibility due to situ-
15 ations of emergency or acts of God.
STATEMENT OF PURPOSE
RS 11060
This legislation provides the right for non-certified employees
working in Idaho’s K-12 Public Schools to enter into a negotiated
agreement with a local board of trustees.
The local board of trustees or the local education organization
representing the non-certified staff may initiate the
negotiations process. The non-certificated employees must have a
simple majority of the non-certificated employees agree to enter
into a negotiations agreement prior to initiating negotiations
with a local board of trustees.
In the event that the non-certificated employees and the local
board of trustees are unable to reach agreement on an issue, this
measure provides for mediation and fact-finding in order to
assist both parties in reaching an agreement.
FISCAL IMPACT
There is no fiscal impact to the general fund.
Contact
Name: Bert Marley
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 325