2001 Legislation
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SENATE BILL NO. 1027 – Schools, prekindergarten programs

SENATE BILL NO. 1027

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S1027..............................................by SCHROEDER AND DUNKLIN
SCHOOLS - PREKINDERGARTEN - Amends and adds to existing law to authorize a
prekindergarten program and funding support in a manner specified and to
the extent of appropriated funds.
                                                                        
01/19    Senate intro - 1st rdg - to printing
01/22    Rpt prt - to Educ

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1027
                                                                        
                             BY SCHROEDER AND DUNKLIN COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PREKINDERGARTEN SCHOOL PROGRAMS; AMENDING  SECTION  33-201,  IDAHO
  3        CODE,  TO  FURTHER  DEFINE  SCHOOL AGE AND TO MAKE A TECHNICAL CORRECTION;
  4        AMENDING SECTION 33-1001, IDAHO CODE, TO DEFINE TERMS AND TO MAKE  TECHNI-
  5        CAL  CORRECTIONS;  AMENDING CHAPTER 10, TITLE 33, IDAHO CODE, BY THE ADDI-
  6        TION OF A NEW SECTION 33-1002H, IDAHO CODE, TO AUTHORIZE SUPPORT UNITS FOR
  7        PREKINDERGARTEN PROGRAMS FROM FUNDS APPROPRIATED AND TO PROVIDE THE METHOD
  8        OF CALCULATING SUPPORT; AND AMENDING SECTIONS 33-515 AND  33-1004G,  IDAHO
  9        CODE, TO PROVIDE CORRECT CODE CITATIONS.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That  Section  33-201, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        33-201.  SCHOOL AGE. The services of the public schools of this state  are
 14    extended  to  any  acceptable person of school age. "School age" is defined as
 15    including all persons resident of the state, between the ages of five (5)  and
 16    twenty-one  (21)  years. For the purposes of this section, the age of five (5)
 17    years shall be attained when the fifth  anniversary  of  birth  occurs  on  or
 18    before  the first day of September of the school year in which the child is to
 19    enroll in kindergarten. For a child enrolling in the first grade, the  age  of
 20    six  (6)  years must be reached on or before the first day of September of the
 21    school year in which the child is to enroll. Any child of the age of five  (5)
 22    years  who has completed a private or public out-of-state kindergarten for the
 23    required four hundred fifty (450) hours but has not reached the  "school  age"
 24    requirement in Idaho shall be allowed to enter the first grade.
 25        For  resident children with disabilities who qualify for special education
 26    and related services under the federal individuals with disabilities education
 27    act (IDEA) and subsequent amendments thereto, and applicable state and federal
 28    regulations, "school age" shall begin at the attainment of age three (3) years
 29    and shall continue through the semester of school in which the student attains
 30    the age of twenty-one (21) years.
 31        For a school district which conducts a  prekindergarten  program,  "school
 32    age" shall begin at the attainment of age three (3) years.
                                                                        
 33        SECTION  2.  That  Section 33-1001, Idaho Code, be, and the same is hereby
 34    amended to read as follows:
                                                                        
 35        33-1001.  DEFINITIONS. The following words and phrases used in this  chap-
 36    ter are defined as follows:
 37        (1.)  "Administrative schools" means and applies to all elementary schools
 38    and  kindergartens  within a district that are situated ten (10) miles or less
 39    from both the other elementary schools and the principal administrative office
 40    of the district and all secondary schools within a district that are  situated
 41    fifteen (15) miles or less from other secondary schools of the district.
                                                                        
                                           2
                                                                        
  1        (2.)  "Average  daily  attendance" or "pupils in average daily attendance"
  2    means the aggregate number of days enrolled students are present,  divided  by
  3    the  number of days of school in the reporting period; provided, however, that
  4    students for whom no Idaho school district is a home  district  shall  not  be
  5    considered in such computation.
  6        (3.)  "Elementary  grades"  or "elementary average daily attendance" means
  7    and applies to students enrolled in grades one (1) through six (6)  inclusive,
  8    or any combination thereof.
  9        (4.)  "Elementary  schools"  are schools that serve grades one (1) through
 10    six (6) inclusive, or any combination thereof.
 11        (5.)  "Elementary/secondary schools" are schools that serve grades one (1)
 12    through twelve (12) inclusive, or any combination thereof.
 13        (6.)  "Homebound student" means any student who would normally  and  regu-
 14    larly attend school, but is confined to home or hospital because of an illness
 15    or accident for a period of ten (10) or more consecutive days.
 16        (7.)  "Kindergarten"  or "kindergarten average daily attendance" means and
 17    applies to all students enrolled in a school year, less than school  year,  or
 18    summer kindergarten program.
 19        (8.)  "Pre-K" or "prekindergarten" means all students enrolled in a school
 20    year, less than school year, or summer prekindergarten program.
 21        (9)  "Public school district" or "school district" or "district" means any
 22    public  school district organized under the laws of this state, including spe-
 23    cially chartered school districts.
 24        9.(10) "Secondary grades" or "secondary average  daily  attendance"  means
 25    and  applies  to  students  enrolled  in  grades seven (7) through twelve (12)
 26    inclusive, or any combination thereof.
 27        (10.1) "Secondary schools" are schools that serve grades seven (7) through
 28    twelve (12) inclusive, or any combination thereof.
 29        (11.2) "Separate elementary school" means an elementary school which  mea-
 30    sured from itself, traveling on an all-weather road, is situated more than ten
 31    (10)   miles   distance   from   both   the   nearest  elementary  school  and
 32    elementary/secondary school serving like grades within the  same  school  dis-
 33    trict  and from the location of the office of the superintendent of schools of
 34    such district, or from the office of the chief administrative officer of  such
 35    district if the district employs no superintendent of schools.
 36        (12.3) "Separate  kindergarten"  means  a kindergarten which measured from
 37    itself, traveling on an all-weather road, is situated more than ten (10) miles
 38    distance from both the nearest kindergarten school within the same school dis-
 39    trict and from the location of the office of the superintendent of schools  of
 40    such  district, or from the office of the chief administrative officer of such
 41    district if the district employs no superintendent of schools.
 42        (13.4) "Separate secondary school" means any  secondary  school  which  is
 43    located  more  than  fifteen  (15) miles by an all-weather road from any other
 44    secondary school and elementary/secondary school serving like grades  operated
 45    by the district.
 46        (14.5) "Support   program"   means  the  educational  support  program  as
 47    described in section 33-1002, Idaho Code, the transportation  support  program
 48    described  in  section 33-1006, Idaho Code, and the exceptional education sup-
 49    port program as provided in section 33-1007, Idaho Code.
 50        (15.6) "Support unit" means a function of average daily attendance used in
 51    the calculations to determine financial support  provided  the  public  school
 52    districts.
 53        (16.7) "Teacher"  means  any person employed in a teaching, instructional,
 54    supervisory, educational administrative or educational and scientific capacity
 55    in any school district. In case of doubt the state board  of  education  shall
                                                                        
                                           3
                                                                        
  1    determine whether any person employed requires certification as a teacher.
                                                                        
  2        SECTION  3.  That  Chapter  10, Title 33, Idaho Code, be, and the same  is
  3    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  4    ignated as Section 33-1002H, Idaho Code, and to read as follows:
                                                                        
  5        33-1002H.  PREKINDERGARTEN  ADDED  COST  UNITS.  Any school district which
  6    conducts a state approved prekindergarten  program  may  qualify  for  funding
  7    appropriated  for  the  specific  purpose  of  supporting  the  added  cost of
  8    prekindergarten programs. These funds will be appropriated to the state super-
  9    intendent of public instruction, to be expended for prekindergarten  programs.
 10    The  amount  of the support unit for prekindergarten shall be calculated based
 11    upon the average daily attendance, applying the appropriate attendance divisor
 12    from the kindergarten support units table in section 33-1002, Idaho Code,  and
 13    applying  the  staff  allowance formula from section 33-1004, Idaho Code. Dis-
 14    tricts which apply for allocation shall be funded from  the  appropriation  in
 15    the  order  in  which  they  make  qualified  application  until all funds are
 16    expended. The state superintendent of  public  instruction  is  authorized  to
 17    establish appropriate criteria to govern prekindergarten funding sufficient to
 18    accomplish the intent of this section.
                                                                        
 19        SECTION  4.  That  Section  33-515, Idaho Code, be, and the same is hereby
 20    amended to read as follows:
                                                                        
 21        33-515.  ISSUANCE OF RENEWABLE CONTRACTS. During the third  full  year  of
 22    continuous  employment  by  the  same school district, including any specially
 23    chartered district, each certificated employee named in subsection 16. (17) of
 24    section 33-1001, Idaho Code, and each school nurse and school librarian  shall
 25    be  evaluated  for  a renewable contract and shall, upon having been offered a
 26    contract for the next ensuing year,  having  given  notice  of  acceptance  of
 27    renewal  and  upon  signing  a contract for a fourth full year, be placed on a
 28    renewable contract status with said school district subject to the  provisions
 29    included in this chapter.
 30        After  the  third  full year of employment and at least once annually, the
 31    performance of each  such  certificated  employee,  school  nurse,  or  school
 32    librarian  shall be evaluated according to criteria and procedures established
 33    by the board of trustees in accordance with general guidelines approved by the
 34    state board of education. Except as otherwise provided, that person shall have
 35    the right to automatic renewal of contract by giving notice,  in  writing,  of
 36    acceptance  of renewal. Such notice shall be given to the board of trustees of
 37    the school district then employing such person not later than the first day of
 38    June preceding the expiration of the term of the current contract.  Except  as
 39    otherwise  provided by this paragraph, the board of trustees shall notify each
 40    person entitled to be employed on a renewable contract of the requirement that
 41    such person must give the notice hereinabove and that failure to do so may  be
 42    interpreted by the board as a declination of the right to automatic renewal or
 43    the  offer  of  another contract. Such notification shall be made, in writing,
 44    not later than the fifteenth day of May, in each year, except to those persons
 45    to whom the board, prior to said date, has sent  proposed  contracts  for  the
 46    next  ensuing year, or to whom the board has given the notice required by this
 47    section.
 48        Any contract automatically renewed under the provisions  of  this  section
 49    shall be for the same length as the term stated in the current contract and at
 50    a  salary  no  lower than that specified therein, to which shall be added such
 51    increments as may be determined by the statutory or regulatory rights of  such
                                                                        
                                           4
                                                                        
  1    employee by reason of training, service, or performance.
  2        Nothing herein shall prevent the board of trustees from offering a renewed
  3    contract increasing the salary of any certificated person, or from reassigning
  4    an  administrative  employee  to a nonadministrative position with appropriate
  5    reduction of salary from the preexisting salary level. In the event the  board
  6    of  trustees reassigns an administrative employee to a nonadministrative posi-
  7    tion, the board shall give written notice to the  employee  which  contains  a
  8    statement  of  the  reasons  for  the reassignment. The employee, upon written
  9    request to the board, shall be entitled to an informal review  of  that  deci-
 10    sion. The process and procedure for the informal review shall be determined by
 11    the local board of trustees.
 12        Before  a  board  of trustees can determine not to renew for reasons of an
 13    unsatisfactory report of the performance of any certificated person whose con-
 14    tract would otherwise be automatically renewed, or to renew  the  contract  of
 15    any  such  person at a reduced salary, such person shall be entitled to a rea-
 16    sonable period of probation. This period of probation shall be preceded  by  a
 17    written  notice  from the board of trustees with reasons for such probationary
 18    period and with provisions for adequate  supervision  and  evaluation  of  the
 19    person's  performance during the probationary period. Such period of probation
 20    shall not affect the person's renewable contract status. Consideration of pro-
 21    bationary status for certificated personnel is consideration of the status  of
 22    an employee within the meaning of section 67-2345, Idaho Code, and may be held
 23    in executive session. If the consideration results in probationary status, the
 24    individual  on  probation  shall not be named in the minutes of the meeting. A
 25    record of the decision shall be placed in the teacher's personnel file.
 26        If the board of trustees takes action to  immediately  discharge  or  dis-
 27    charge  upon  termination  of the current contract a certificated person whose
 28    contract would otherwise be automatically renewed, or to renew the contract of
 29    any such person at a reduced salary, the action of the board shall be  consis-
 30    tent  with the procedures specified in section 33-513(5), Idaho Code, and fur-
 31    thermore, the board shall notify the employee in writing whether there is just
 32    and reasonable cause not to renew the contract or to reduce the salary of  the
 33    affected  employee,  and if so, what reasons it relied upon in that determina-
 34    tion.
 35        If the board of trustees, for reasons other than  unsatisfactory  service,
 36    for  the  ensuing  contract  year, determines to change the length of the term
 37    stated in the current contract, reduce the salary or not renew the contract of
 38    a certificated person whose contract would otherwise be automatically renewed,
 39    nothing herein shall require a probationary period.
                                                                        
 40        SECTION 5.  That Section 33-1004G, Idaho Code, be, and the same is  hereby
 41    amended to read as follows:
                                                                        
 42        33-1004G.  EARLY  RETIREMENT  INCENTIVE. (1) Each certificated employee of
 43    an Idaho public school district as defined in section 33-1001 16. (17),  Idaho
 44    Code,  is  eligible  for an early retirement incentive, provided they meet the
 45    following criteria:
 46        (a)  The employee has completed a minimum of ten (10) years of  continuous
 47        full-time certified employment, which may include time spent on a sabbati-
 48        cal leave, in Idaho public school districts at the time of application.
 49        (b)  The employee is not eligible for unreduced service, early or disabil-
 50        ity  retirement from the public employee retirement system of Idaho at the
 51        time of application.
 52        (c)  The employee is fifty-five (55) years old before September 1  of  the
 53        year the application is made; provided that persons turning fifty-six (56)
                                                                        
                                           5
                                                                        
  1        years  old  or greater between August 15 and 31, 2000, will be eligible to
  2        receive the retirement incentive option percentage provided in  this  sec-
  3        tion that reflects their age on August 15, 2000.
  4        (d)  The  employee submits his/her application to the state superintendent
  5        of public instruction on or before April 1 of the  year of application.
  6        (e)  The employee is contracted with an Idaho public school  district  for
  7        the  entire  school  year  during the year of application and has not been
  8        terminated or on a leave of absence for the  current  or  upcoming  school
  9        year.
 10        (2)  (a) Full-time  qualifying  applicants shall receive as a one (1) time
 11        incentive the following amount of the  employee's qualifying salary  allo-
 12        cation as provided in section 33-1004E, Idaho Code:
 13        at 55 years of age            55% of allocation
 14        at 56 years of age            50% of allocation
 15        at 57 years of age            45% of allocation
 16        at 58 years of age            40% of allocation
 17        at 59 years of age            30% of allocation
 18        at 60 years of age            30% of allocation
 19        at 61 years of age            20% of allocation
 20        at 62 years of age            20% of allocation
 21        at 63 years of age and over    0% of allocation
 22        (b)  Certified  employees  working  less than full-time in the application
 23        year will have the incentive payment prorated according to their full-time
 24        equivalent (FTE) percentage.
 25        (c)  Incentive payments for certified employees not placed on the  experi-
 26        ence    and  education  multiplier  table as provided in section 33-1004A,
 27        Idaho Code, will be calculated using the BA column of the table.
 28        (3)  Incentives and the employer's share of FICA benefits shall be paid by
 29    the state department of education to the Idaho  public  school  district  with
 30    which  the  applicant  was last contracted on or before July 31 of the year of
 31    application and acceptance.
 32        (4)  Incentives shall be considered additional compensation  flowing  from
 33    the  employment relationship and subject to federal and state tax laws. Incen-
 34    tives shall not be considered salary  for  purposes  of  the  public  employee
 35    retirement system.
 36        (5)  Any  employee  receiving an early retirement incentive as provided in
 37    this section shall not be eligible for future employment with an Idaho  school
 38    district  where  such employment would again qualify him/her for participation
 39    in the state retirement system.
 40        (6)  Any applicant choosing to withdraw their application must notify  the
 41    state superintendent of public instruction in writing no later than June 20 in
 42    the year of application.
 43        (7)  A  special application of the early retirement incentive shall super-
 44    sede the limitations of this section to the extent necessary  to  comply  with
 45    this subsection. An otherwise qualified certificated employee who becomes med-
 46    ically  unable  to work prior to July 1 of any year shall be eligible to apply
 47    for the early retirement incentive for which the employee would have been eli-
 48    gible retroactive to April 1.

Statement of Purpose / Fiscal Impact





                      STATEMENT OF PURPOSE
                            RS 10725
                                
                                
This legislation amends Section 33-20 1, Idaho Code, to further define
school age, amends Section 33-100 1, Idaho Code, to define
prekindergarten, and adds a new section, 33-1002H, Idaho Code, to
authorize support units for prekindergarten programs from funds
appropriated and provides the method of calculating support.







                          FISCAL NOTE
                                
This bill has no fiscal impact on state or local fimds since it does not provide
for funding.


Contact:

Senator Gary J. Schroeder  332-1321
Senator Betsy Dunklin 332-1381



STATEMENT OF PURPOSE/FISCAL IMPACT                                                                                     S102