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H0285.............................................................by EDUCATION
SCHOOL DISTRICTS - COUNTY SUPERINTENDENT - Amends existing law to provide that
it shall be the duty of each school district board of trustees, beginning with
the 2003-2004 school year, to work jointly with other school districts in the
county to employ a county superintendent; and to provide an exception for
school districts with more than ten thousand students; and to provide general
reference to a school superintendent.
02/20 House intro - 1st rdg - to printing
02/21 Rpt prt - to Educ
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 285
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO PROFESSIONAL PERSONNEL OF PUBLIC SCHOOL DISTRICTS; AMENDING SEC-
3 TION 33-205, IDAHO CODE, TO PROVIDE GENERAL REFERENCE TO A SCHOOL SUPERIN-
4 TENDENT; AMENDING SECTION 33-513, IDAHO CODE, TO PROVIDE THAT IT SHALL BE
5 THE DUTY OF EACH SCHOOL DISTRICT BOARD OF TRUSTEES TO WORK JOINTLY WITH
6 OTHER SCHOOL DISTRICT BOARDS OF TRUSTEES IN THE SAME COUNTY TO EMPLOY A
7 COUNTY SUPERINTENDENT FOR ALL THE SCHOOL DISTRICTS IN THE COUNTY BY NO
8 LATER THAN THE BEGINNING OF THE 2003-2004 SCHOOL YEAR, TO PROVIDE THAT
9 SCHOOL DISTRICTS WITH TEN THOUSAND OR MORE STUDENTS MAY HIRE A SEPARATE
10 SUPERINTENDENT FOR THAT DISTRICT, TO PROVIDE FOR REPRESENTATION OF THE
11 DISTRICT OR COUNTY BY THE SUPERINTENDENT OF THE ENTITY, TO PROVIDE FOR
12 EVALUATION OF SUPERINTENDENTS BY THE APPROPRIATE BOARD OR BOARDS OF
13 TRUSTEES AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTIONS 33-517,
14 33-1001, 33-1003, 33-5110 AND 33-5306, IDAHO CODE, TO PROVIDE GENERAL REF-
15 ERENCE TO A SCHOOL SUPERINTENDENT; AMENDING SECTION 39-8008, IDAHO CODE,
16 TO PROVIDE A GENERAL REFERENCE TO A SCHOOL SUPERINTENDENT AND TO MAKE A
17 TECHNICAL CORRECTION; AMENDING SECTIONS 39-8009 AND 39-8011, IDAHO CODE,
18 TO PROVIDE GENERAL REFERENCE TO A SCHOOL SUPERINTENDENT; AND DECLARING AN
19 EMERGENCY.
20 Be It Enacted by the Legislature of the State of Idaho:
21 SECTION 1. That Section 33-205, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 33-205. DENIAL OF SCHOOL ATTENDANCE. The board of trustees may deny
24 enrollment, or may deny attendance at any of its schools by expulsion, to any
25 pupil who is an habitual truant, or who is incorrigible, or whose conduct, in
26 the judgment of the board, is such as to be continuously disruptive of school
27 discipline, or of the instructional effectiveness of the school, or whose
28 presence in a public school is detrimental to the health and safety of other
29 pupils, or who has been expelled from another school district in this state or
30 any other state. Any pupil having been denied enrollment or expelled may be
31 enrolled or readmitted to the school by the board of trustees upon such rea-
32 sonable conditions as may be prescribed by the board; but such enrollment or
33 readmission shall not prevent the board from again expelling such pupil for
34 cause.
35 Provided however, the board shall expel from school for a period of not
36 less than one (1) year, twelve (12) calendar months, or may deny enrollment
37 to, a student who has been found to have carried a weapon or firearm on school
38 property in this state or any other state, except that the board may modify
39 the expulsion or denial of enrollment order on a case-by-case basis. Disci-
40 pline of students with disabilities shall be in accordance with the require-
41 ments of federal law part B of the individuals with disabilities education act
42 and section 504 of the rehabilitation act. An authorized representative of the
43 board shall report such student and incident to the appropriate law enforce-
2
1 ment agency.
2 No pupil shall be expelled nor denied enrollment without the board of
3 trustees having first given written notice to the parent or guardian of the
4 pupil, which notice shall state the grounds for the proposed expulsion or
5 denial of enrollment and the time and place where such parent or guardian may
6 appear to contest the action of the board to deny school attendance, and which
7 notice shall also state the rights of the pupil to be represented by counsel,
8 to produce witnesses and submit evidence on his own behalf, and to cross-exam-
9 ine any adult witnesses who may appear against him. Within a reasonable period
10 of time following such notification, the board of trustees shall grant the
11 pupil and his parents or guardian a full and fair hearing on the proposed
12 expulsion or denial of enrollment. However, the board shall allow a reasonable
13 period of time between such notification and the holding of such hearing to
14 allow the pupil and his parents or guardian to prepare their response to the
15 charge. Any pupil who is within the age of compulsory attendance, who is
16 expelled or denied enrollment as herein provided, shall come under the purview
17 of the juvenile corrections act, and an authorized representative of the board
18 shall, within five (5) days, give written notice of the pupil's expulsion to
19 the prosecuting attorney of the county of the pupil's residence.
20 The superintendent of any district or the principal of any school may tem-
21 porarily suspend any pupil for disciplinary reasons or for other conduct dis-
22 ruptive of good order or of the instructional effectiveness of the school. A
23 temporary suspension by the principal shall not exceed five (5) school days in
24 length; and the school superintendent may extend the temporary suspension an
25 additional ten (10) school days. Provided, that on a finding by the board of
26 trustees that immediate return to school attendance by the temporarily sus-
27 pended student would be detrimental to other pupils' health, welfare or
28 safety, the board of trustees may extend the temporary suspension for an addi-
29 tional five (5) school days. Prior to suspending any student, the superintend-
30 ent or principal shall grant an informal hearing on the reasons for the sus-
31 pension and the opportunity to challenge those reasons. Any pupil who has been
32 suspended may be readmitted to the school by the superintendent or principal
33 who suspended him upon such reasonable conditions as said superintendent or
34 principal may prescribe. The board of trustees shall be notified of any tempo-
35 rary suspensions, the reasons therefor, and the response, if any, thereto.
36 The board of trustees of each school district shall establish the proce-
37 dure to be followed by the superintendent and principals under its jurisdic-
38 tion for the purpose of effecting a temporary suspension, which procedure must
39 conform to the minimal requirements of due process.
40 SECTION 2. That Section 33-513, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 33-513. PROFESSIONAL PERSONNEL. The board of trustees of each school dis-
43 trict including any specially chartered district, shall have the following
44 powers and duties:
45 1. To employ professional personnel, on written contract in form approved
46 by the state superintendent of public instruction, conditioned upon a valid
47 certificate being held by such professional personnel at the time of entering
48 upon the duties thereunder. Should the board of trustees fail to enter into
49 written contract for the employment of any such person, the state superintend-
50 ent of public instruction shall withhold ensuing apportionments until such
51 written contract be entered into. When the board of trustees has delivered a
52 proposed contract for the next ensuing year to any such person, such person
53 shall have a period of time to be determined by the board of trustees in its
3
1 discretion, but in no event less than ten (10) days from the date the contract
2 is delivered, in which to sign the contract and return it to the board. Deliv-
3 ery of a contract may be made only in person or by certified mail, return
4 receipt requested. When delivery is made in person, delivery of the contract
5 must be acknowledged by a signed receipt. When delivery is made by certified
6 mail, delivery must be acknowledged by the return of the certified mail
7 receipt from the person to whom the contract was sent. Should the person will-
8 fully refuse to acknowledge receipt of the contract or the contract is not
9 signed and returned to the board in the designated period of time, the board
10 may declare the position vacant.
11 The board of trustees shall withhold the salary of any teacher who does
12 not hold a teaching certificate valid in this state. It shall not contract to
13 require any teacher to make up time spent in attending any meeting called by
14 the state board of education or by the state superintendent of public instruc-
15 tion; nor while attending regularly scheduled official meetings of the state
16 teachers' association.
17 2. In the case of school districts other than elementary school dis-
18 tricts, To work jointly with other school districts in the same county to
19 employ, by not later than the beginning of the 2003-2004 school year, a county
20 superintendent of for all schools districts in that county, for a term not to
21 exceed three (3) years, who shall be the executive officer of all the boards
22 of trustees in the county with such powers and duties as the boards may pre-
23 scribe. The School districts with ten thousand (10,000) or more students may
24 hire a superintendent for that district who shall serve independently from the
25 county superintendent. Each county superintendent shall also act as the autho-
26 rized representative of the school districts in the county, and each district
27 superintendent shall also act as the authorized representative of his district
28 whenever such is required, unless some other person shall be named by the
29 board of trustees to act as its authorized representative. The board of
30 trustees shall conduct an annual, written formal evaluation of the work of the
31 superintendent of the district, and collectively the boards of trustees shall
32 conduct an annual, written formal evaluation of the work of the superintendent
33 of the county. The evaluation shall indicate the strengths and weaknesses of
34 the superintendent's job performance in the year immediately preceding the
35 evaluation and areas where improvement in the superintendent's job perfor-
36 mance, in the view of the board of trustees, is called for.
37 3. To employ through written contract principals who shall hold a valid
38 certificate appropriate to the position for which they are employed, who shall
39 supervise the operation and management of the school in accordance with the
40 policies established by the board of trustees and who shall be under the
41 supervision of the superintendent.
42 4. To employ assistant superintendents and principals for a term not to
43 exceed two (2) years. Service performed under such contract shall be included
44 in meeting the provisions of section 33-515, Idaho Code, as a teacher and per-
45 sons eligible for a renewable contract as a teacher shall retain such eligi-
46 bility.
47 5. To suspend, grant leave of absence, place on probation or discharge
48 certificated professional personnel for a material violation of any lawful
49 rules or regulations of the board of trustees or of the state board of educa-
50 tion, or for any conduct which could constitute grounds for revocation of a
51 teaching certificate. Any certificated professional employee, except the
52 superintendent, may be discharged during a contract term under the following
53 procedures:
54 (a) The superintendent or any other duly authorized administrative offi-
55 cer of the school district may recommend the discharge of any certificated
4
1 employee by filing with the board of trustees written notice specifying
2 the alleged reasons for discharge.
3 (b) Upon receipt of such notice the board acting through their duly
4 authorized administrative official, shall give the affected employee writ-
5 ten notice of the allegations and the recommendation of discharge, along
6 with written notice of a hearing before the board prior to any determina-
7 tion by the board of the truth of the allegations.
8 (c) The hearing shall be scheduled to take place not less than six (6)
9 days nor more than twenty-one (21) days after receipt of the notice by the
10 employee. The date provided for the hearing may be changed by mutual con-
11 sent.
12 (d) The hearing shall be public unless the employee requests in writing
13 that it be in executive session.
14 (e) All testimony at the hearing shall be given under oath or affirma-
15 tion. Any member of the board, or the clerk of the board, may administer
16 oaths to witnesses or affirmations by witnesses.
17 (f) The employee may be represented by legal counsel and/or by a repre-
18 sentative of a local or state teachers' association.
19 (g) The chairman of the board or the designee of the chairman shall con-
20 duct the hearing.
21 (h) The board shall cause an electronic record of the hearing to be made
22 or shall employ a competent reporter to take stenographic or stenotype
23 notes of all the testimony at the hearing. A transcript of the hearing
24 shall be provided at cost by the board upon request of the employee.
25 (i) At the hearing the superintendent or other duly authorized adminis-
26 trative officer shall present evidence to substantiate the allegations
27 contained in such notice.
28 (j) The employee may produce evidence to refute the allegations. Any wit-
29 ness presented by the superintendent or by the employee shall be subject
30 to cross-examination. The board may also examine witnesses and be repre-
31 sented by counsel.
32 (k) The affected employee may file written briefs and arguments with the
33 board within three (3) days after the close of the hearing or such other
34 time as may be agreed upon by the affected employee and the board.
35 (l) Within fifteen (15) days following the close of the hearing, the
36 board shall determine and, acting through their duly authorized adminis-
37 trative official, shall notify the employee in writing whether the evi-
38 dence presented at the hearing established the truth of the allegations
39 and whether the employee is to be retained, immediately discharged, or
40 discharged upon termination of the current contract.
41 SECTION 3. That Section 33-517, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 33-517. NONCERTIFICATED PERSONNEL. The board of trustees of each school
44 district including any specially chartered district, shall have the following
45 powers and duties:
46 (1) To provide that hiring and evaluation procedures for noncertificated
47 personnel shall be in writing and shall be available for any noncertificated
48 employee's review at anytime. Job descriptions for all noncertificated employ-
49 ees shall be written and shall be made available to employees of the district
50 or other people seeking employment.
51 (2) To provide a grievance procedure for noncertificated employees of the
52 district which meets the minimum standards of paragraphs (a) through (i) of
53 this subsection. In the event a grievance procedure is not provided, the fol-
5
1 lowing grievance procedure shall apply.
2 (a) A grievance shall be defined as a written allegation of unfair treat-
3 ment or a violation of school district policy. A noncertificated employee
4 of the district may file a grievance about any matter related to his
5 employment, provided that neither the rate of salary or wage of the
6 employee nor the decision to terminate an employee for cause during the
7 initial one hundred eighty (180) days of employment shall be a proper sub-
8 ject for consideration under the grievance procedure provided in this sec-
9 tion.
10 (b) If a noncertificated employee files a grievance, the employee shall
11 submit the grievance in writing to his or her immediate supervisor within
12 six (6) working days of the incident giving rise to the grievance. The
13 grievance shall state the nature of the grievance and the remedy sought.
14 Within six (6) working days of receipt of the grievance, the immediate
15 supervisor shall provide a written response to the employee.
16 (c) If the noncertificated employee is not satisfied with the response of
17 the immediate supervisor or if there is no response within the time lines,
18 the employee may appeal the grievance to the superintendent of the dis-
19 trict or the superintendent's designee within five (5) working days of the
20 receipt of the response as set out in subsection (2)(b) of this section or
21 within five (5) working days from the date the supervisor last had to
22 respond if the noncertificated employee received no written response.
23 Within six (6) working days of an appeal, the superintendent or his desig-
24 nee shall communicate with the noncertificated employee in an effort to
25 resolve the appeal. Within five (5) working days of the communication, the
26 superintendent or his designee shall provide a written response to the
27 noncertificated employee.
28 (d) If the noncertificated employee is not satisfied with the response of
29 the superintendent or his designee, or if there is no response by the
30 superintendent or his designee within the time frame provided in subsec-
31 tion (2)(c) of this section, the noncertificated employee may request a
32 review of the grievance by a hearing panel within five (5) working days
33 from receipt of the response provided in subsection (2)(c) of this section
34 if the employee received a written response, or five (5) working days from
35 the date the superintendent last had to respond if the noncertificated
36 employee received no written response. Within ten (10) working days of
37 receipt of an appeal, the board of trustees shall convene a panel consist-
38 ing of three (3) persons; one (1) designated by the board of trustees, one
39 (1) designated by the employee, and one (1) agreed upon by the two (2)
40 appointed members for the purpose of reviewing the appeal. Within five (5)
41 working days following completion of the review, the panel shall submit
42 its decision in writing to the noncertificated employee, the superintend-
43 ent, and the board of trustees.
44 (e) The panel's decision shall be the final and conclusive resolution of
45 the grievance unless the board of trustees overturns the panel's decision
46 by resolution at the board of trustees' next regularly scheduled public
47 meeting or unless within forty-two (42) calendar days of the filing of the
48 board's decision, either party appeals to the district court in the county
49 where the school district is located. Upon appeal of a decision of the
50 board of trustees, the district court may affirm or set aside and remand
51 the matter to the board of trustees upon the following grounds, and shall
52 not set the same aside on any other grounds:
53 (i) That the findings of fact are not based on any substantial,
54 competent evidence;
55 (ii) That the board of trustees has acted without jurisdiction or in
6
1 excess of its powers;
2 (iii) That the findings by the board of trustees as a matter of law
3 do not support the decision.
4 (f) A noncertificated employee filing a grievance pursuant to this sec-
5 tion shall be entitled to a representative of the employee's choice at
6 each step of the grievance procedure provided in this section. The super-
7 visor, superintendent, or the superintendent's designee shall be entitled
8 to a representative at each step of the grievance procedure.
9 (g) The time lines of the grievance procedure established in this section
10 may be waived or modified by mutual agreement.
11 (h) Utilization of the grievance procedure established pursuant to this
12 section shall not constitute a waiver of any right of appeal available
13 pursuant to law or regulation.
14 (i) Neither the board nor any member of the administration shall take
15 reprisals affecting the employment status of any party in interest.
16 (j) A noncertificated employee of a school district shall be required to
17 review and sign any entries made to his personnel file. At reasonable
18 times and places, in the presence of an appropriate district official, a
19 noncertificated employee may inspect documents contained in his official
20 personnel file.
21 SECTION 4. That Section 33-1001, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 33-1001. DEFINITIONS. The following words and phrases used in this chap-
24 ter are defined as follows:
25 1. "Administrative schools" means and applies to all elementary schools
26 and kindergartens within a district that are situated ten (10) miles or less
27 from both the other elementary schools and the principal administrative office
28 of the district and all secondary schools within a district that are situated
29 fifteen (15) miles or less from other secondary schools of the district.
30 2. "Average daily attendance" or "pupils in average daily attendance"
31 means the aggregate number of days enrolled students are present, divided by
32 the number of days of school in the reporting period; provided, however, that
33 students for whom no Idaho school district is a home district shall not be
34 considered in such computation.
35 3. "Elementary grades" or "elementary average daily attendance" means and
36 applies to students enrolled in grades one (1) through six (6) inclusive, or
37 any combination thereof.
38 4. "Elementary schools" are schools that serve grades one (1) through six
39 (6) inclusive, or any combination thereof.
40 5. "Elementary/secondary schools" are schools that serve grades one (1)
41 through twelve (12) inclusive, or any combination thereof.
42 6. "Homebound student" means any student who would normally and regularly
43 attend school, but is confined to home or hospital because of an illness or
44 accident for a period of ten (10) or more consecutive days.
45 7. "Kindergarten" or "kindergarten average daily attendance" means and
46 applies to all students enrolled in a school year, less than school year, or
47 summer kindergarten program.
48 8. "Public school district" or "school district" or "district" means any
49 public school district organized under the laws of this state, including spe-
50 cially chartered school districts.
51 9. "Secondary grades" or "secondary average daily attendance" means and
52 applies to students enrolled in grades seven (7) through twelve (12) inclu-
53 sive, or any combination thereof.
7
1 10. "Secondary schools" are schools that serve grades seven (7) through
2 twelve (12) inclusive, or any combination thereof.
3 11. "Separate elementary school" means an elementary school which measured
4 from itself, traveling on an all-weather road, is situated more than ten (10)
5 miles distance from both the nearest elementary school and
6 elementary/secondary school serving like grades within the same school dis-
7 trict and from the location of the office of the superintendent of schools, of
8 such district, or from the office of the chief administrative officer of such
9 district if the district employs no superintendent of schools.
10 12. "Separate kindergarten" means a kindergarten which measured from
11 itself, traveling on an all-weather road, is situated more than ten (10) miles
12 distance from both the nearest kindergarten school within the same school dis-
13 trict and from the location of the office of the superintendent of schools, of
14 such district, or from the office of the chief administrative officer of such
15 district if the district employs no superintendent of schools.
16 13. "Separate secondary school" means any secondary school which is
17 located more than fifteen (15) miles by an all-weather road from any other
18 secondary school and elementary/secondary school serving like grades operated
19 by the district.
20 14. "Support program" means the educational support program as described
21 in section 33-1002, Idaho Code, the transportation support program described
22 in section 33-1006, Idaho Code, and the exceptional education support program
23 as provided in section 33-1007, Idaho Code.
24 15. "Support unit" means a function of average daily attendance used in
25 the calculations to determine financial support provided the public school
26 districts.
27 16. "Teacher" means any person employed in a teaching, instructional,
28 supervisory, educational administrative or educational and scientific capacity
29 in any school district. In case of doubt the state board of education shall
30 determine whether any person employed requires certification as a teacher.
31 SECTION 5. That Section 33-1003, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 33-1003. SPECIAL APPLICATIONS OF EDUCATIONAL SUPPORT PROGRAM. 1. Decrease
34 in Average Daily Attendance. -- Any school district which has a decrease in
35 total average daily attendance of one percent (1%) of its average daily atten-
36 dance in the then current school year from the total average daily attendance
37 used for determining the allowance in the educational support program for the
38 school year immediately preceding, the allowance of funds from the educational
39 support program may be based on the average daily attendance of the school
40 year immediately preceding, less one percent (1%). When this provision is
41 applied, the decrease in average daily attendance shall be proportionately
42 distributed among the various categories of support units that are appropriate
43 for the district.
44 2. Application of Support Program to Separate Schools/Attendance Units in
45 District.
46 a. Separate Elementary School. -- Any separate elementary school shall be
47 allowed to participate in the educational support program as though the
48 school were the only elementary school operated by the district.
49 b. Hardship Elementary School. -- Upon application of the board of
50 trustees of a school district, the state board of education is empowered
51 to determine that a given elementary school or elementary schools within
52 the school district, not otherwise qualifying, are entitled to be counted
53 as a separate elementary school as defined in section 33-1001, Idaho Code,
8
1 when, in the discretion of the state board of education, special condi-
2 tions exist warranting the retention of the school as a separate atten-
3 dance unit and the retention results in a substantial increase in cost per
4 pupil in average daily attendance above the average cost per pupil in
5 average daily attendance of the remainder of the district's elementary
6 grade school pupils. An elementary school operating as a previously
7 approved hardship elementary school shall continue to be considered as a
8 separate attendance unit, unless the hardship status of the elementary
9 school is rescinded by the state board of education.
10 c. Separate Secondary School. -- Any separate secondary school shall be
11 allowed to participate in the educational support program as though the
12 school were the only secondary school operated by the district.
13 d. Elementary/Secondary School Attendance Units. -- Elementary grades in
14 an elementary/secondary school will be funded as a separate attendance
15 unit if all elementary grades served are situated more than ten (10) miles
16 distance from both the nearest like elementary grades within the same
17 school district and from the location of the office of the superintendent
18 of schools, of such district, or from the office of the chief administra-
19 tive officer of such district if the district employs no superintendent of
20 schools. Secondary grades in an elementary/secondary school will be funded
21 as a separate attendance unit if all secondary grades served are located
22 more than fifteen (15) miles by an all-weather road from the nearest like
23 secondary grades operated by the district.
24 e. Hardship Secondary School. -- Any district which operated two (2) sec-
25 ondary schools separated by less than fifteen (15) miles, but which dis-
26 trict was created through consolidation subsequent to legislative action
27 pursuant to chapter 111, laws of 1947, and which school buildings were
28 constructed prior to 1935, shall be entitled to count the schools as sepa-
29 rate attendance units.
30 f. Minimum Pupils Required. -- Any elementary school having less than ten
31 (10) pupils in average daily attendance shall not be allowed to partici-
32 pate in the state or county support program unless the school has been
33 approved for operation by the state board of education.
34 3. Remote Schools. -- The board of trustees of any Idaho school district
35 which operates and maintains a school which is remote and isolated from the
36 other schools of the state because of geographical or topographical conditions
37 may petition the state board of education to recognize and approve the school
38 as a remote and necessary school. The petition shall be in form and content
39 approved by the state board of education and shall provide such information as
40 the state board of education may require. Petitions for the recognition of a
41 school as a remote and necessary school shall be filed annually at least
42 ninety (90) days prior to the date of the annual meeting of the board of
43 trustees as established in section 33-510, Idaho Code.
44 Within forty-five (45) days after the receipt of a petition for the recog-
45 nition of a remote and necessary school, the state board of education shall
46 either approve or disapprove the petition and notify the board of trustees of
47 its decision. Schools which the state board of education approves as being
48 necessary and remote shall be allowed adequate funding within the support pro-
49 gram for an acceptable educational program for the students of the school. In
50 the case of a remote and necessary secondary school, grades 7-12, the educa-
51 tional program shall be deemed acceptable when, in the opinion of the state
52 board of education, the accreditation standard relating to staff size, estab-
53 lished in accordance with section 33-119, Idaho Code, has been met. The final
54 determination of an acceptable program and adequate funding in the case of a
55 remote and necessary elementary school shall be made by the state board of
9
1 education.
2 4. Support Program When District Boundaries are Changed.
3 a. In new districts formed by the division of a district, the support
4 program computed for the district divided in its last year of operation,
5 shall be apportioned to the new districts created by the division, in the
6 proportion that the average daily attendance of pupils, elementary and
7 secondary combined, residing in the area of each new district so created,
8 is to the average daily attendance of all pupils, elementary and secondary
9 combined, in the district divided in its last year of operation before the
10 division.
11 b. When boundaries of districts are changed by excision or annexation of
12 territory, the support program of any district from which territory is
13 excised for the last year of operation before such excision shall be
14 divided, and apportioned among the districts involved, as prescribed in
15 subsection 4a. of this section.
16 c. In new districts formed by consolidation of former districts, the sup-
17 port program allowance for a seven (7) year period following the formation
18 of the new district, shall not be less than the combined support program
19 allowances of the component districts in the last year of operation
20 before consolidation.
21 5. For the fiscal year which commences on July 1, 1986, and for each suc-
22 ceeding fiscal year, any school district whose adjusted market value for
23 assessment purposes decreases forty percent (40%) or more from the previous
24 year's adjusted market value for assessment purposes as such valuation existed
25 on December 31, is eligible to receive an adjustment to its educational sup-
26 port program entitlement, subject to qualifications as follows:
27 a. The adjusted market value for assessment purposes has decreased forty
28 percent (40%) or more from the previous year's adjusted market value for
29 assessment purposes as such valuation existed on December 31; and
30 b. The school levy to be certified for the general maintenance and opera-
31 tion fund shall be no less than four-tenths of one percent (.4%); and
32 c. An eligible school district has made application to the state depart-
33 ment of education for an adjustment to entitlement from the state educa-
34 tional support program on or before June 1 of the fiscal year. Such appli-
35 cation must document the need for additional funds and must include a dis-
36 trict plan to minimize impact of a reduced local tax base.
37 SECTION 6. That Section 33-5110, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 33-5110. FINANCIAL ARRANGEMENTS. (1) For a pupil enrolled in a course
40 under the provisions of this chapter, the school district may make payments or
41 partial payments according to the provisions of this section for courses that
42 were taken for secondary credit.
43 (2) The school district superintendent shall not make payments to a post-
44 secondary institution for a course taken for postsecondary credit only. The
45 district superintendent shall not make payments to a postsecondary institution
46 for a course from which a student officially withdraws during the first four-
47 teen (14) days of the semester or for courses for audit.
48 SECTION 7. That Section 33-5306, Idaho Code, be, and the same is hereby
49 amended to read as follows:
10
1 33-5306. PAYING AGENT TO PROVIDE NOTICE -- STATE TREASURER TO EXECUTE
2 TRANSFER TO PAYING AGENTS -- EFFECT OF TRANSFER.
3 (1) (a) The superintendent of responsible for each school district with
4 outstanding, unpaid bonds shall transfer moneys sufficient for the sched-
5 uled debt service payment to its paying agent at least fifteen (15) days
6 before any principal or interest payment date for the bonds.
7 (b) The paying agent may, if instructed to do so by the superintendent,
8 invest the moneys at the risk and for the benefit of the board until the
9 payment date.
10 (c) A superintendent who is unable to transfer the scheduled debt service
11 payment to the paying agent fifteen (15) days before the payment date
12 shall immediately notify the paying agent and the state treasurer by:
13 (i) Telephone;
14 (ii) A writing sent by facsimile transmission; and
15 (iii) A writing sent by first-class United States mail.
16 (2) If sufficient funds are not transferred to the paying agent as
17 required by subsection (1) of this section, the paying agent shall notify the
18 state treasurer of that failure in writing at least ten (10) days before the
19 scheduled debt service payment date by:
20 (a) Telephone;
21 (b) A writing sent by facsimile transmission; and
22 (c) A writing sent by first-class United States mail.
23 (3) (a) If sufficient moneys to pay the scheduled debt service payment
24 have not been transferred to the paying agent, the state treasurer shall,
25 on or before the scheduled payment date, transfer sufficient moneys to the
26 paying agent to make the scheduled debt service payment.
27 (b) The payment by the treasurer:
28 (i) Discharges the obligation of the issuing board to its bondhold-
29 ers for the payment; and
30 (ii) Transfers the rights represented by the general obligation of
31 the board from the bondholders to the state.
32 (c) The board shall pay the transferred obligation to the state as pro-
33 vided in this chapter.
34 SECTION 8. That Section 39-8008, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 39-8008. ADDITIONAL DUTIES OF ADMINISTRATOR -- RIGHT OF INSPECTION --
37 POSTING. (1) The administrator shall have authority under this section to
38 enter all public school facilities covered by this chapter at reasonable times
39 to inspect, on an annual basis, such facilities for compliance with the Idaho
40 uniform school building safety code; provided however, that inspections shall
41 take into account the age of the school facilities and the appropriate codes
42 that would have been in effect at the time of the construction of such facili-
43 ties; provided further, that regardless of the codes in effect at the time of
44 construction, imminent safety hazards found in public school facilities shall
45 be identified and the provisions of this chapter relating to such imminent
46 safety hazards shall apply.
47 (2) If the administrator finds a violation of the Idaho uniform school
48 building safety code that he concludes does not constitute an imminent safety
49 hazard or serious safety hazard, he shall notify in writing the school dis-
50 trict superintendent, principal, board member, or other person in charge. Such
51 notification shall state, in bold print, that the citations for violations or
52 nonconformances constitute recommendations only.
53 (3) If the administrator finds a violation of the Idaho uniform school
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1 building safety code that he concludes constitutes a serious safety hazard, he
2 shall immediately issue a written order or notice requiring the school super-
3 intendent, principal, board of trustees or other person in charge to eliminate
4 the condition without delay and within the time specified by the administrator
5 in the notice or order, but not exceeding one (1) year.
6 (4) If the administrator finds a violation of the Idaho uniform school
7 building safety code that he concludes constitutes an imminent safety hazard,
8 he shall immediately notify the department of administration and request that
9 the department of administration designate a licensed professional to inde-
10 pendently evaluate the condition prior to issuing any report under this chap-
11 ter. The department of administration shall, within two (2) working days, des-
12 ignate a licensed professional to independently evaluate the condition identi-
13 fied. That licensed professional shall, within fourteen (14) days, complete
14 its independent evaluation of the condition identified by the administrator
15 and notify the director of the department of administration of its conclu-
16 sions. If the administrator determines that the condition constituting an
17 imminent safety hazard could reasonably be expected to cause death or serious
18 physical harm before the evaluation of the department of administration can be
19 completed and before the condition can be eliminated, he shall determine the
20 extent of the area where such condition exists and thereupon shall issue a
21 written order or notice requiring the school district superintendent, princi-
22 pal, board of trustees or other person in charge to cause all persons, except
23 those necessary to eliminate the condition, to be withdrawn from, and to be
24 restrained from entering, such area pending the evaluation of the department
25 of administration. This order shall be withdrawn if the evaluation of the
26 department of administration does not concur with the administrator that the
27 condition constitutes an imminent safety hazard as could reasonably be
28 expected to cause death or serious physical harm before the condition can be
29 eliminated.
30 (5) If the department of administration agrees with the determination of
31 the administrator that a condition identified constitutes an imminent safety
32 hazard, the department of administration shall, within three (3) working days,
33 so notify the administrator in writing.
34 (6) Upon receipt of such notification in writing, the administrator shall
35 immediately serve, or cause to be served, written notice or order upon the
36 school district superintendent, principal, board of trustees or other person
37 in charge describing the imminent safety hazard. The administrator shall also
38 notify in writing the state superintendent of public instruction of such immi-
39 nent safety hazard. Upon receipt of such written notice or order, the school
40 district superintendent, principal, board of trustees, or other person in
41 charge shall require all changes necessary to eliminate the imminent safety
42 hazard be made, without delay and within the time specified by the administra-
43 tor in the notice or order. If the condition presenting an imminent safety
44 hazard is not corrected within the specified time, or if the administrator
45 determines that the condition constituting such imminent safety hazard could
46 reasonably be expected to cause death or serious physical harm before the con-
47 dition can be eliminated, if he has not previously done so he shall determine
48 the extent of the area where such condition exists and thereupon shall issue
49 an order or notice requiring the school district superintendent, principal,
50 board member, or other person in charge to cause all persons, except those
51 necessary to eliminate the condition, to be withdrawn from, and to be
52 restrained from entering, such area. The school district superintendent, prin-
53 cipal, board member, or other person in charge shall assist the administrator
54 as necessary to post such areas to prevent injury.
55 (7) If the administrator finds a violation of the Idaho uniform school
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1 building safety code that he concludes constitutes a serious safety hazard and
2 issues a written order or notice requiring the conditions to be eliminated in
3 not more than one (1) year, and the school superintendent, principal, board
4 of trustees, or other person in charge contests the administrator's finding
5 that the condition is a serious safety hazard, then the school superintendent,
6 principal, board of trustees, or other person in charge shall have fourteen
7 (14) days from the date of the issuance of the administrator's written order
8 or notice to request a hearing to initiate a contested case under chapter 52,
9 title 67, Idaho Code. If a hearing is requested, the superintendent of public
10 instruction shall appoint a hearing officer to consider the contested case.
11 All administrative proceedings under this subsection shall be expedited as
12 necessary to assure that serious safety hazards are eliminated as required by
13 this section if the administrator's initial determination that there was a
14 serious safety hazard is confirmed in the contested case proceedings.
15 (8) The administrator shall monitor the school district's progress in
16 addressing any identified imminent safety hazard or serious safety hazard to
17 ensure that appropriate corrective action was taken. The administrator may
18 extend the time for completing corrective action if he deems necessary.
19 (9) Upon completion of corrective action and verification of such comple-
20 tion by the division of building safety and the department of administration,
21 the administrator shall provide a report to the state superintendent of public
22 instruction, the local superintendent of schools and the chair of the local
23 school board.
24 (810) Annual inspections of public school facilities conducted by the
25 administrator under the provisions of this section shall be funded pursuant to
26 legislative appropriation.
27 SECTION 9. That Section 39-8009, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 39-8009. INJUNCTION. Upon failure of the district superintendent, princi-
30 pal, board of trustees, or other person in charge to comply with the require-
31 ments stated in any notice or order relating to an imminent safety hazard or
32 serious safety hazard, the administrator may maintain an action in the name of
33 the state of Idaho to enjoin the district superintendent, principal, board of
34 trustees or other person in charge from acting in violation of such notice or
35 order or from doing any action that interferes with the administrator carrying
36 out his statutory duties. Such action shall be brought in the district court
37 in which said acts are claimed to have been committed by filing a verified
38 complaint setting forth said act. The court, if satisfied from such complaint
39 or affidavits that the act complained of has been or is being committed and
40 will persist, may issue a temporary writ without notice or bond enjoining the
41 defendant from the commission of such act pending final disposition of the
42 cause. The cause shall proceed as in other causes for injunction. If, at the
43 trial, the commission of said act by the defendant be established and the
44 court further finds it probable that the defendant will continue in such act
45 or similar acts, the court shall enter a decree enjoining said defendant from
46 committing said or similar acts.
47 SECTION 10. That Section 39-8011, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 39-8011. VIOLATIONS. (1) If a school district, the district superintend-
50 ent, principal, board of trustees, or other person in charge willfully vio-
51 lates the provisions of this chapter, the state superintendent of public
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1 instruction shall withhold such ensuing apportionments as are necessary to
2 make repairs to abate the identified imminent safety hazard or serious safety
3 hazard. Withheld funds, not to exceed one and one-half percent (1 1/2%) of the
4 district's appropriation, shall be disbursed only to pay for such repairs.
5 (2) It is a misdemeanor to remove, without permission of the administra-
6 tor, a notice or order posted pursuant to this chapter.
7 SECTION 11. An emergency existing therefor, which emergency is hereby
8 declared to exist, this act shall be in full force and effect on and after its
9 passage and approval.
STATEMENT OF PURPOSE
RS 12782C2
The purpose of this legislation is to require School Board
Trustees in the same county to work jointly to employ a County
Superintendent for all school districts in the county.
FISCAL IMPACT
Estimated to save school districts 4-5 million each year in
administrative salaries.
Contact
Name: Representative Fred Tilman
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 285