Print Friendly 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
|||| 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.
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 (1 0.1) "Secondary schools" are schools that serve grades seven (7) through
28 twelve (12) inclusive, or any combination thereof.
29 (1 1.2) "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 (1 2.3) "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 (1 3.4) "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 (1 4.5) "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 (1 5.6) "Support unit" means a function of average daily attendance used in
51 the calculations to determine financial support provided the public school
53 (1 6.7) "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
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
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
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-
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)
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
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
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.
This bill has no fiscal impact on state or local fimds since it does not provide
Senator Gary J. Schroeder 332-1321
Senator Betsy Dunklin 332-1381
STATEMENT OF PURPOSE/FISCAL IMPACT S102