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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 - 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.
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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