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H0367..........................................................by EDUCATION
STUDENT INFORMATION MANAGEMENT SYSTEM - Adds to and amends existing law to
authorize the State Board of Education to provide for and implement the
Idaho Student Information Management System; to provide that the board of
trustees of each school district shall ensure that the district
participates in the Idaho Student Information Management System to the full
extent of its availability; to define "Idaho Student Information Management
System," "appropriate access" and "real time"; and to provide for state
support of the Idaho Student Information Management System through the
educational support program beginning with fiscal year 2005-2006.
03/13 House intro - 1st rdg - to printing
03/14 Rpt prt - to Educ
03/17 Rpt out - rec d/p - to 2nd rdg
03/19 2nd rdg - to 3rd rdg
03/24 3rd rdg - PASSED - 64-3-3
AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Bieter(Bieter),
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Gagner, Garrett, Harwood, Henbest(Bray), Jaquet,
Jones, Kellogg, Lake, Langford, Langhorst, Martinez, McGeachin,
McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
Raybould, Ridinger, Ring, Roberts, Robison, Rydalch, Sayler,
Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,
Snodgrass, Stevenson, Tilman, Trail, Wills, Mr. Speaker
NAYS -- Barrett, Kulczyk, Sali
Absent and excused -- Field(23), Ringo, Wood
Floor Sponsors - Tilman & Andersen
Title apvd - to Senate
03/25 Senate intro - 1st rdg - to Educ
04/02 Rpt out - rec d/p - to 2nd rdg
04/03 2nd rdg - to 3rd rdg
04/04 3rd rdg - PASSED - 30-3-2
AYES -- Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta,
Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
Ingram, Kennedy, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noh, Richardson, Schroeder, Sorensen, Stegner, Stennett,
Werk, Williams
NAYS -- Keough, Pearce, Sweet
Absent and excused -- Andreason, Noble
Floor Sponsors - Schroeder, Gannon & Werk
Title apvd - to House
04/07 To enrol
04/08 Rpt enrol - Sp signed
04/09 Pres signed
04/10 To Governor
04/15 Governor signed
Session Law Chapter 299
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 367
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO STUDENT INFORMATION MANAGEMENT SYSTEM; AMENDING CHAPTER
3 1, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-120A, IDAHO
4 CODE, TO AUTHORIZE THE STATE BOARD OF EDUCATION TO PROVIDE FOR AND IMPLE-
5 MENT THE IDAHO STUDENT INFORMATION MANAGEMENT SYSTEM; AMENDING SECTION
6 33-512, IDAHO CODE, TO PROVIDE THAT THE BOARD OF TRUSTEES OF EACH SCHOOL
7 DISTRICT SHALL ENSURE THAT THE DISTRICT PARTICIPATES IN THE IDAHO STUDENT
8 INFORMATION MANAGEMENT SYSTEM TO THE FULL EXTENT OF ITS AVAILABILITY;
9 AMENDING SECTION 33-1001, IDAHO CODE, TO DEFINE "IDAHO STUDENT INFORMATION
10 MANAGEMENT SYSTEM," "APPROPRIATE ACCESS" AND "REAL TIME"; AMENDING SECTION
11 33-1002, IDAHO CODE, TO PROVIDE FOR STATE SUPPORT OF THE IDAHO STUDENT
12 INFORMATION MANAGEMENT SYSTEM THROUGH THE EDUCATIONAL SUPPORT PROGRAM
13 BEGINNING WITH FISCAL YEAR 2005-2006; AND AMENDING SECTIONS 33-515 AND
14 33-1004G, IDAHO CODE, TO PROVIDE CORRECT CODE REFERENCES.
15 Be It Enacted by the Legislature of the State of Idaho:
16 SECTION 1. That Chapter 1, Title 33, Idaho Code, be, and the same is
17 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
18 ignated as Section 33-120A, Idaho Code, and to read as follows:
19 33-120A. IDAHO STUDENT INFORMATION MANAGEMENT SYSTEM. (1) The state board
20 of education shall adopt rules pursuant to the provisions of chapter 52, title
21 67, Idaho Code, and under authority of section 33-105, Idaho Code, to provide
22 for and implement the Idaho student information management system.
23 (2) The state board of education shall ensure that a state operated Idaho
24 student information management system which provides real time, appropriate
25 access to educational data, is available and used by all Idaho school dis-
26 tricts including specially chartered school districts. The board shall also
27 ensure that state agencies, parents and other parties with an interest in edu-
28 cation have real time, appropriate access to the system consistent with the
29 user's role as determined by rule of the board.
30 (3) The terms "Idaho student information management system," "appropriate
31 access" and "real time" shall have such meanings as the terms are defined in
32 section 33-1001, Idaho Code.
33 SECTION 2. That Section 33-512, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 33-512. GOVERNANCE OF SCHOOLS. The board of trustees of each school dis-
36 trict shall have the following powers and duties:
37 1. To fix the days of the year and the hours of the day when schools
38 shall be in session. However:
39 (a) Each school district shall annually adopt and implement a school cal-
40 endar which provides its students at each grade level with the following
41 minimum number of instructional hours:
2
1 Grades Hours
2 9-12 990
3 4-8 900
4 1-3 810
5 K 450
6 (b) School assemblies, testing and other instructionally related activi-
7 ties involving students directly may be included in the required instruc-
8 tional hours.
9 (c) When approved by a local school board, annual instructional hour
10 requirements stated in paragraph (a) may be reduced as follows:
11 (i) Up to a total of twenty-two (22) hours to accommodate staff
12 development activities conducted on such days as the local school
13 board deems appropriate.
14 (ii) Up to a total of eleven (11) hours of emergency school closures
15 due to adverse weather conditions and facility failures.
16 However, transportation to and from school, passing times between classes,
17 recess and lunch periods shall not be included.
18 (d) Student and staff activities related to the opening and closing of
19 the school year, grade reporting, program planning, staff meetings, and
20 other classroom and building management activities shall not be counted as
21 instructional time or in the reductions provided in paragraph (c)(i) of
22 this section.
23 (e) For multiple shift programs, this rule applies to each shift (i.e.,
24 each student must have access to the minimum annual required hours of
25 instructions).
26 (f) The instructional time requirement for grade 12 students may be
27 reduced by action of a local school board for an amount of time not to
28 exceed eleven (11) hours of instructional time.
29 (g) The state superintendent of public instruction may grant an exemption
30 from the provisions of this section for an individual building within a
31 district, when the closure of that building, for unforeseen circumstances,
32 does not affect the attendance of other buildings within the district.
33 2. To adopt and carry on, and provide for the financing of, a total edu-
34 cational program for the district. Such programs in other than elementary
35 school districts may include education programs for out-of-school youth and
36 adults; and such districts may provide classes in kindergarten;
37 3. To provide, or require pupils to be provided with, suitable textbooks
38 and supplies, and for advice on textbook selections may appoint a textbook
39 adoption committee as provided in section 33-512A, Idaho Code;
40 4. To protect the morals and health of the pupils;
41 5. To exclude from school, children not of school age;
42 6. To prescribe rules for the disciplining of unruly or insubordinate
43 pupils, such rules to be included in a district discipline code adopted by
44 the board of trustees and a summarized version thereof to be provided in writ-
45 ing at the beginning of each school year to the teachers and students in the
46 district in a manner consistent with the student's age, grade and level of
47 academic achievement;
48 7. To exclude from school, pupils with contagious or infectious diseases
49 who are diagnosed or suspected as having a contagious or infectious disease or
50 those who are not immune and have been exposed to a contagious or infectious
51 disease; and to close school on order of the state board of health or local
52 health authorities;
53 8. To equip and maintain a suitable library or libraries in the school or
54 schools and to exclude therefrom, and from the schools, all books, tracts,
3
1 papers, and catechisms of sectarian nature;
2 9. To determine school holidays. Any listing of school holidays shall
3 include not less than the following: New Year's Day, Memorial Day, Indepen-
4 dence Day, Thanksgiving Day, and Christmas Day. Other days listed in section
5 73-108, Idaho Code, if the same shall fall on a school day, shall be observed
6 with appropriate ceremonies; and any days the state board of education may
7 designate, following the proclamation by the governor, shall be school holi-
8 days;
9 10. To erect and maintain on each schoolhouse or school grounds a suitable
10 flagstaff or flagpole, and display thereon the flag of the United States of
11 America on all days, except during inclement weather, when the school is in
12 session; and for each Veterans Day, each school in session shall conduct and
13 observe an appropriate program of at least one (1) class period remembering
14 and honoring American veterans;
15 11. To prohibit entrance to each schoolhouse or school grounds, to pro-
16 hibit loitering in schoolhouses or on school grounds and to provide for the
17 removal from each schoolhouse or school grounds of any individual or individu-
18 als who disrupt the educational processes or whose presence is detrimental to
19 the morals, health, safety, academic learning or discipline of the pupils. A
20 person who disrupts the educational process or whose presence is detrimental
21 to the morals, health, safety, academic learning or discipline of the pupils
22 or who loiters in schoolhouses or on school grounds, is guilty of a misde-
23 meanor.
24 12. To supervise and regulate, including by contract with established
25 entities, those extracurricular activities which are by definition outside of
26 or in addition to the regular academic courses or curriculum of a public
27 school, and which extracurricular activities shall not be considered to be a
28 property, liberty or contract right of any student, and such extracurricular
29 activities shall not be deemed a necessary element of a public school educa-
30 tion, but shall be considered to be a privilege.
31 13. To govern the school district in compliance with state law and rules
32 of the state board of education.
33 14. To submit to the superintendent of public instruction not later than
34 July 1 of each year documentation which meets the reporting requirements of
35 the federal gun-free schools act of 1994 as contained within the federal
36 improving America's schools act of 1994.
37 15. To require that all persons hired for the first time by the district
38 or who have been in the employ of the district five (5) years or less, undergo
39 a criminal history check as provided in section 33-130, Idaho Code. All such
40 employees who are required to undergo a criminal history check shall obtain
41 the history check within three (3) months of starting employment, or for
42 employees with five (5) years or less with the district, within three (3)
43 months from the date such employee is notified that he must undergo a criminal
44 history check. Such employees shall pay the cost of the criminal history
45 check. If the criminal history check shows that the employee has been con-
46 victed of a felony crime enumerated in section 33-1208, Idaho Code, it shall
47 be grounds for immediate termination, dismissal or other personnel action of
48 the district, except that it shall be the right of the school district to
49 evaluate whether an individual convicted of one (1) of these crimes and having
50 been incarcerated for that crime shall be hired. The district may require any
51 or all persons who have been employed continuously with the same district for
52 more than five (5) years, to undergo a criminal history check as provided in
53 section 33-130, Idaho Code. If the district elects to require criminal history
54 checks of such employees, the district shall pay the costs of the criminal
55 history check or reimburse employees for such cost. A substitute teacher who
4
1 has undergone a criminal history check at the request of one (1) district in
2 which he has been employed as a substitute shall not be required to undergo an
3 additional criminal history check at the request of any other district in
4 which he is employed as a substitute if the teacher has obtained a criminal
5 history check within the previous three (3) years. If the district next
6 employing the substitute still elects to require another criminal history
7 check within the three (3) year period, that district shall pay the cost of
8 the criminal history check or reimburse the substitute teacher for such cost.
9 16. Each board of trustees of a school district shall be responsible for
10 developing a system for registering volunteers or contractors consistent with
11 maintaining a safe environment for their students.
12 17. To ensure that each school district, including specially chartered
13 school districts, participates in the Idaho student information management
14 system (ISIMS) to the full extent of its availability. The terms "Idaho stu-
15 dent information management system," "appropriate access" and "real time"
16 shall have such meanings as the terms are defined in section 33-1001, Idaho
17 Code.
18 SECTION 3. That Section 33-1001, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 33-1001. DEFINITIONS. The following words and phrases used in this chap-
21 ter are defined as follows:
22 1. "Administrative schools" means and applies to all elementary schools
23 and kindergartens within a district that are situated ten (10) miles or less
24 from both the other elementary schools and the principal administrative office
25 of the district and all secondary schools within a district that are situated
26 fifteen (15) miles or less from other secondary schools of the district.
27 2. "Average daily attendance" or "pupils in average daily attendance"
28 means the aggregate number of days enrolled students are present, divided by
29 the number of days of school in the reporting period; provided, however, that
30 students for whom no Idaho school district is a home district shall not be
31 considered in such computation.
32 3. "Elementary grades" or "elementary average daily attendance" means and
33 applies to students enrolled in grades one (1) through six (6) inclusive, or
34 any combination thereof.
35 4. "Elementary schools" are schools that serve grades one (1) through six
36 (6) inclusive, or any combination thereof.
37 5. "Elementary/secondary schools" are schools that serve grades one (1)
38 through twelve (12) inclusive, or any combination thereof.
39 6. "Homebound student" means any student who would normally and regularly
40 attend school, but is confined to home or hospital because of an illness or
41 accident for a period of ten (10) or more consecutive days.
42 7. "Idaho student information management system (ISIMS)" means a secure,
43 centralized data system where public school information is stored, accessed
44 and analyzed. The system is comprised of two (2) parts: the first part
45 includes a uniform package of software applications used by all public schools
46 in Idaho for student related administrative functions. The software applica-
47 tions shall handle such functions as student scheduling, grade reporting,
48 attendance, recordkeeping, student achievement and teacher resources; the sec-
49 ond part is a data warehouse where public school data are stored and contains
50 a number of report-generating software applications. Related definitions
51 within the context of ISIMS are:
52 (a) "Appropriate access" means secure, legally authorized access to
53 information on the system consistent with the user's role as determined by
5
1 rule of the state board of education; and
2 (b) "Real time" means immediate access to current information on the sys-
3 tem.
4 8. "Kindergarten" or "kindergarten average daily attendance" means and
5 applies to all students enrolled in a school year, less than school year, or
6 summer kindergarten program.
7 89. "Public school district" or "school district" or "district" means any
8 public school district organized under the laws of this state, including spe-
9 cially chartered school districts.
10 910. "Secondary grades" or "secondary average daily attendance" means and
11 applies to students enrolled in grades seven (7) through twelve (12) inclu-
12 sive, or any combination thereof.
13 101. "Secondary schools" are schools that serve grades seven (7) through
14 twelve (12) inclusive, or any combination thereof.
15 112. "Separate elementary school" means an elementary school which mea-
16 sured from itself, traveling on an all-weather road, is situated more than ten
17 (10) miles distance from both the nearest elementary school and
18 elementary/secondary school serving like grades within the same school dis-
19 trict and from the location of the office of the superintendent of schools of
20 such district, or from the office of the chief administrative officer of such
21 district if the district employs no superintendent of schools.
22 123. "Separate kindergarten" means a kindergarten which measured from
23 itself, traveling on an all-weather road, is situated more than ten (10) miles
24 distance from both the nearest kindergarten school within the same school dis-
25 trict and from the location of the office of the superintendent of schools of
26 such district, or from the office of the chief administrative officer of such
27 district if the district employs no superintendent of schools.
28 134. "Separate secondary school" means any secondary school which is
29 located more than fifteen (15) miles by an all-weather road from any other
30 secondary school and elementary/secondary school serving like grades operated
31 by the district.
32 145. "Support program" means the educational support program as described
33 in section 33-1002, Idaho Code, the transportation support program described
34 in section 33-1006, Idaho Code, and the exceptional education support program
35 as provided in section 33-1007, Idaho Code.
36 156. "Support unit" means a function of average daily attendance used in
37 the calculations to determine financial support provided the public school
38 districts.
39 167. "Teacher" means any person employed in a teaching, instructional,
40 supervisory, educational administrative or educational and scientific capacity
41 in any school district. In case of doubt the state board of education shall
42 determine whether any person employed requires certification as a teacher.
43 SECTION 4. That Section 33-1002, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 33-1002. EDUCATIONAL SUPPORT PROGRAM. The educational support program is
46 calculated as follows:
47 1. State Educational Support Funds. Add the state appropriation, includ-
48 ing the moneys available in the public school income fund, together with all
49 miscellaneous revenues to determine the total state funds.
50 2. From the total state funds subtract the following amounts needed for
51 state support of special programs provided by a school district:
52 a. Pupil tuition-equivalency allowances as provided in section 33-1002B,
53 Idaho Code;
6
1 b. Transportation support program as provided in section 33-1006, Idaho
2 Code;
3 c. Feasibility studies allowance as provided in section 33-1007A, Idaho
4 Code;
5 d. The approved costs for border district allowance, provided in section
6 33-1403, Idaho Code, as determined by the state superintendent of public
7 instruction;
8 e. The approved costs for exceptional child approved contract allowance,
9 provided in subsection 2. of section 33-2004, Idaho Code, as determined by
10 the state superintendent of public instruction;
11 f. Certain expectant and delivered mothers allowance as provided in sec-
12 tion 33-2006, Idaho Code;
13 g. Salary-based apportionment calculated as provided in sections 33-1004
14 through 33-1004F, Idaho Code;
15 h. Unemployment insurance benefit payments according to the provisions of
16 section 72-1349A, Idaho Code;
17 i. For programs to provide basic curricula necessary to enable students
18 to enter academic or professional-technical postsecondary education pro-
19 grams, an allocation of $300 per support unit for the 1994-95 school year
20 only;
21 j. For provision of teacher supplies to facilitate classroom instruction,
22 an allocation of $200 per support unit for the 1994-95 school year only;
23 k. For expenditure as provided by the public school technology program,
24 $10,400,000 for the 1994-95 school year;
25 l. For additional school innovation pilot project grants based on recom-
26 mendations of the Idaho school reform committee, $2,000,000 for the
27 1994-95 school year;
28 mj. For the support of provisions that provide a safe environment condu-
29 cive to student learning and maintain classroom discipline, an allocation
30 of $300 per support unit; and
31 k. For expenditure necessary to support the Idaho student information
32 management system (ISIMS) as provided in section 33-120A, Idaho Code,
33 beginning with fiscal year 2005-2006 and each year thereafter, at an
34 amount not less than that expended by the state and the J.A. and Kathryn
35 Albertson foundation combined, on operation of the project in fiscal year
36 2004-2005; and
37 nl. Any additional amounts as required by statute to effect administra-
38 tive adjustments or as specifically required by the provisions of any bill
39 of appropriation;
40 to secure the state educational support funds.
41 3. Local Districts' Contribution Calculation. Without including any
42 allowance as a credit for prepaid taxes as provided by section 63-1607, Idaho
43 Code, the local districts' contribution shall be four-tenths percent (.4%)
44 during fiscal year 1994-95 and each year thereafter, of the total state
45 adjusted market value for assessment purposes for the previous year with such
46 value being determined by the provisions of section 63-315, Idaho Code, and
47 four-tenths percent (.4%) during fiscal year 1994-95 and each year thereafter,
48 of the cooperative electrical associations' property values that have been
49 derived from the taxes paid in lieu of ad valorem taxes for the previous year
50 as provided in section 63-3502, Idaho Code.
51 4. Educational Support Program Distribution Funds. Add the local dis-
52 tricts' contribution, subsection 3. of this section, and the state educational
53 support program funds, subsection 1. of this section, together to secure the
54 total educational support program distribution funds.
55 5. Average Daily Attendance. The total state average daily attendance
7
1 shall be the sum of the average daily attendance of all of the school dis-
2 tricts of the state. The state board of education shall establish rules set-
3 ting forth the procedure to determine average daily attendance and the time
4 for, and method of, submission of such report. Average daily attendance calcu-
5 lation shall be carried out to the nearest hundredth. Computation of average
6 daily attendance shall also be governed by the provisions of section 33-1003A,
7 Idaho Code.
8 6. Support Units. The total state support units shall be determined by
9 using the tables set out hereafter called computation of kindergarten support
10 units, computation of elementary support units, computation of secondary sup-
11 port units, computation of exceptional education support units, and computa-
12 tion of alternative school secondary support units. The sum of all of the
13 total support units of all school districts of the state shall be the total
14 state support units.
15 COMPUTATION OF KINDERGARTEN SUPPORT UNITS
16 Average Daily
17 Attendance Attendance Divisor Units Allowed
18 41 or more .... 40....................... 1 or more as computed
19 31 - 40.99 ADA.... -....................... 1
20 26 - 30.99 ADA.... -....................... .85
21 21 - 25.99 ADA.... -....................... .75
22 16 - 20.99 ADA.... -....................... .6
23 8 - 15.99 ADA.... -....................... .5
24 1 - 7.99 ADA.... -....................... count as elementary
25 COMPUTATION OF ELEMENTARY SUPPORT UNITS
26 Average Daily
27 Attendance Attendance Divisor Minimum Units Allowed
28 300 or more ADA........................................ 15
29 ..23...grades 4,5 & 6....
30 ..22...grades 1,2 & 3....1994-95
31 ..21...grades 1,2 & 3....1995-96
32 ..20...grades 1,2 & 3....1996-97
33 and each year thereafter.
34 160 to 299.99 ADA... 20..................... 8.4
35 110 to 159.99 ADA... 19..................... 6.8
36 71.1 to 109.99 ADA... 16..................... 4.7
37 51.7 to 71.0 ADA... 15..................... 4.0
38 33.6 to 51.6 ADA... 13..................... 2.8
39 16.6 to 33.5 ADA... 12..................... 1.4
40 1.0 to 16.5 ADA... n/a.................... 1.0
41 COMPUTATION OF SECONDARY SUPPORT UNITS
42 Average Daily
43 Attendance Attendance Divisor Minimum Units Allowed
44 750 or more .... 18.5..................... 47
45 400 - 749.99 ADA.... 16....................... 28
46 300 - 399.99 ADA.... 14.5..................... 22
47 200 - 299.99 ADA.... 13.5..................... 17
48 100 - 199.99 ADA.... 12....................... 9
49 99.99 or fewer Units allowed as follows:
50 Grades 7-12 ......................... 8
51 Grades 9-12 ......................... 6
52 Grades 7- 9 ......................... 1 per 14 ADA
53 Grades 7- 8 ......................... 1 per 16 ADA
8
1 COMPUTATION OF EXCEPTIONAL EDUCATION SUPPORT UNITS
2 Average Daily
3 Attendance Attendance Divisor Minimum Units Allowed
4 14 or more .... 14.5..................... 1 or more as computed
5 12 - 13.99.... -....................... 1
6 8 - 11.99.... -....................... .75
7 4 - 7.99.... -....................... .5
8 1 - 3.99.... -....................... .25
9 COMPUTATION OF ALTERNATIVE SCHOOL SECONDARY SUPPORT UNITS
10 Pupils in Attendance Attendance Divisor Minimum Units Allowed
11 12 or more.......... 12...................... 1 or more as computed
12 In applying these tables to any given separate attendance unit, no school
13 district shall receive less total money than it would receive if it had a
14 lesser average daily attendance in such separate attendance unit. In applying
15 the kindergarten table to a kindergarten program of less days than a full
16 school year, the support unit allowance shall be in ratio to the number of
17 days of a full school year. The tables for exceptional education and alterna-
18 tive school secondary support units shall be applicable only for programs
19 approved by the state department of education following rules established by
20 the state board of education. Moneys generated from computation of support
21 units for alternative schools shall be utilized for alternative school pro-
22 grams. School district administrative and facility costs may be included as
23 part of the alternative school expenditures.
24 7. State Distribution Factor per Support Unit. Divide educational support
25 program distribution funds, after subtracting the amounts necessary to pay the
26 obligations specified in subsection 2. of this section, by the total state
27 support units to secure the state distribution factor per support unit.
28 8. District Share of State Funds for Educational Support Program. Ascer-
29 tain a district's share of state funds for the educational support program as
30 follows:
31 a. District Contribution Calculation. Without including any allowance as
32 a credit for prepaid taxes, as provided in section 63-1607, Idaho Code,
33 the district contribution calculation shall be the rate determined under
34 subsection 3. of this section.
35 b. District Support Units. The number of support units for each school
36 district in the state shall be determined as follows:
37 (1) Divide the actual average daily attendance, excluding students
38 approved for inclusion in the exceptional child educational program,
39 for the administrative schools and each of the separate schools and
40 attendance units by the appropriate divisor from the tables of sup-
41 port units in this section, then add the quotients to obtain the
42 district's support units allowance for regular students, kindergarten
43 through grade 12 including alternative school secondary students.
44 Calculations in application of this subsection shall be carried out
45 to the nearest tenth.
46 (2) Divide the combined totals of the average daily attendance of
47 all preschool, handicapped, kindergarten, elementary, secondary and
48 juvenile detention center students approved for inclusion in the
49 exceptional child program of the district by the appropriate divisor
50 from the table for computation of exceptional education support units
51 to obtain the number of support units allowed for the district's
52 approved exceptional child program. Calculations for this subsection
53 shall be carried out to the nearest tenth when more than one (1) unit
9
1 is allowed.
2 (3) The total number of support units of the district shall be the
3 sum of the total support units for regular students, subsection
4 8.b.(1) of this section, and the support units allowance for the
5 approved exceptional child program, subsection 8.b.(2) of this sec-
6 tion.
7 c. Total District Allowance Educational Program. Multiply the district's
8 total number of support units, carried out to the nearest tenth, by the
9 state distribution factor per support unit and to this product add the
10 approved amount of programs of the district provided in subsection 2. of
11 this section to secure the district's total allowance for the educational
12 support program.
13 d. District Share. To secure the district's share of state apportionment,
14 subtract the amount of the local district contribution calculation, sub-
15 section 3. of this section, from the amount of the total district allow-
16 ance, subsection 8.c. of this section.
17 e. Adjustment of District Share. The contract salary of every noncertifi-
18 cated teacher shall be subtracted from the district's share as calculated
19 from the provisions of subsection 8.d. of this section.
20 SECTION 5. That Section 33-515, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 33-515. ISSUANCE OF RENEWABLE CONTRACTS. During the third full year of
23 continuous employment by the same school district, including any specially
24 chartered district, each certificated employee named in subsection 167. of
25 section 33-1001, Idaho Code, and each school nurse and school librarian shall
26 be evaluated for a renewable contract and shall, upon having been offered a
27 contract for the next ensuing year, having given notice of acceptance of
28 renewal and upon signing a contract for a fourth full year, be placed on a
29 renewable contract status with said school district subject to the provisions
30 included in this chapter.
31 After the third full year of employment and at least once annually, the
32 performance of each such certificated employee, school nurse, or school
33 librarian shall be evaluated according to criteria and procedures established
34 by the board of trustees in accordance with general guidelines approved by the
35 state board of education. Except as otherwise provided, that person shall have
36 the right to automatic renewal of contract by giving notice, in writing, of
37 acceptance of renewal. Such notice shall be given to the board of trustees of
38 the school district then employing such person not later than the first day of
39 June preceding the expiration of the term of the current contract. Except as
40 otherwise provided by this paragraph, the board of trustees shall notify each
41 person entitled to be employed on a renewable contract of the requirement that
42 such person must give the notice hereinabove and that failure to do so may be
43 interpreted by the board as a declination of the right to automatic renewal or
44 the offer of another contract. Such notification shall be made, in writing,
45 not later than the fifteenth day of May, in each year, except to those persons
46 to whom the board, prior to said date, has sent proposed contracts for the
47 next ensuing year, or to whom the board has given the notice required by this
48 section.
49 Any contract automatically renewed under the provisions of this section
50 shall be for the same length as the term stated in the current contract and at
51 a salary no lower than that specified therein, to which shall be added such
52 increments as may be determined by the statutory or regulatory rights of such
53 employee by reason of training, service, or performance.
10
1 Nothing herein shall prevent the board of trustees from offering a renewed
2 contract increasing the salary of any certificated person, or from reassigning
3 an administrative employee to a nonadministrative position with appropriate
4 reduction of salary from the preexisting salary level. In the event the board
5 of trustees reassigns an administrative employee to a nonadministrative posi-
6 tion, the board shall give written notice to the employee which contains a
7 statement of the reasons for the reassignment. The employee, upon written
8 request to the board, shall be entitled to an informal review of that deci-
9 sion. The process and procedure for the informal review shall be determined by
10 the local board of trustees.
11 Before a board of trustees can determine not to renew for reasons of an
12 unsatisfactory report of the performance of any certificated person whose con-
13 tract would otherwise be automatically renewed, or to renew the contract of
14 any such person at a reduced salary, such person shall be entitled to a rea-
15 sonable period of probation. This period of probation shall be preceded by a
16 written notice from the board of trustees with reasons for such probationary
17 period and with provisions for adequate supervision and evaluation of the
18 person's performance during the probationary period. Such period of probation
19 shall not affect the person's renewable contract status. Consideration of pro-
20 bationary status for certificated personnel is consideration of the status of
21 an employee within the meaning of section 67-2345, Idaho Code, and may be held
22 in executive session. If the consideration results in probationary status, the
23 individual on probation shall not be named in the minutes of the meeting. A
24 record of the decision shall be placed in the teacher's personnel file.
25 If the board of trustees takes action to immediately discharge or dis-
26 charge upon termination of the current contract a certificated person whose
27 contract would otherwise be automatically renewed, or to renew the contract of
28 any such person at a reduced salary, the action of the board shall be consis-
29 tent with the procedures specified in section 33-513(5), Idaho Code, and fur-
30 thermore, the board shall notify the employee in writing whether there is just
31 and reasonable cause not to renew the contract or to reduce the salary of the
32 affected employee, and if so, what reasons it relied upon in that determina-
33 tion.
34 If the board of trustees, for reasons other than unsatisfactory service,
35 for the ensuing contract year, determines to change the length of the term
36 stated in the current contract, reduce the salary or not renew the contract of
37 a certificated person whose contract would otherwise be automatically renewed,
38 nothing herein shall require a probationary period.
39 SECTION 6. That Section 33-1004G, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 33-1004G. EARLY RETIREMENT INCENTIVE. (1) Each certificated employee of
42 an Idaho public school district as defined in section 33-1001 167., Idaho
43 Code, is eligible for an early retirement incentive, provided they meet the
44 following criteria:
45 (a) The employee has completed a minimum of ten (10) years of continuous
46 full-time certified employment, which may include time spent on a sabbati-
47 cal leave, in Idaho public school districts at the time of application.
48 (b) The employee is not eligible for unreduced service, early or disabil-
49 ity retirement from the public employee retirement system of Idaho at the
50 time of application.
51 (c) The employee is fifty-five (55) years old before September 1 of the
52 year the application is made; provided that persons turning fifty-six (56)
53 years old or greater between August 15 and 31, 2000, will be eligible to
11
1 receive the retirement incentive option percentage provided in this sec-
2 tion that reflects their age on August 15, 2000.
3 (d) The employee submits his/her application to the state superintendent
4 of public instruction on or before April 1 of the year of application.
5 (e) The employee is contracted with an Idaho public school district for
6 the entire school year during the year of application and has not been
7 terminated or on a leave of absence for the current or upcoming school
8 year.
9 (2) (a) Full-time qualifying applicants shall receive as a one (1) time
10 incentive the following amount of the employee's qualifying salary allo-
11 cation as provided in section 33-1004E, Idaho Code:
12 at 55 years of age 55% of allocation
13 at 56 years of age 50% of allocation
14 at 57 years of age 45% of allocation
15 at 58 years of age 40% of allocation
16 at 59 years of age 30% of allocation
17 at 60 years of age 30% of allocation
18 at 61 years of age 20% of allocation
19 at 62 years of age 20% of allocation
20 at 63 years of age and over 0% of allocation
21 (b) Certified employees working less than full-time in the application
22 year will have the incentive payment prorated according to their full-time
23 equivalent (FTE) percentage.
24 (c) Incentive payments for certified employees not placed on the experi-
25 ence and education multiplier table as provided in section 33-1004A,
26 Idaho Code, will be calculated using the BA column of the table.
27 (3) Incentives and the employer's share of FICA benefits shall be paid by
28 the state department of education to the Idaho public school district with
29 which the applicant was last contracted on or before July 31 of the year of
30 application and acceptance.
31 (4) Incentives shall be considered additional compensation flowing from
32 the employment relationship and subject to federal and state tax laws. Incen-
33 tives shall not be considered salary for purposes of the public employee
34 retirement system.
35 (5) Any employee receiving an early retirement incentive as provided in
36 this section shall not be eligible for future employment with an Idaho school
37 district where such employment would again qualify him/her for participation
38 in the state retirement system.
39 (6) Any applicant choosing to withdraw their application must notify the
40 state superintendent of public instruction in writing no later than June 20 in
41 the year of application.
42 (7) A special application of the early retirement incentive shall super-
43 sede the limitations of this section to the extent necessary to comply with
44 this subsection. An otherwise qualified certificated employee who becomes med-
45 ically unable to work prior to July 1 of any year shall be eligible to apply
46 for the early retirement incentive for which the employee would have been eli-
47 gible retroactive to April 1.
STATEMENT OF PURPOSE
RS 13173
The purpose of this legislation is to enter into a partnership
with the J.A. & Kathryn Albertson Foundation to develop,
implement and sustain a student information management system.
This legislation has two parts to it and both must be approved
for this project to begin. First, to establish and require the
use of the Idaho Student Information Management System (ISIMS) so
that the most efficient and effective system can be implemented.
This legislation, therefore, requires all public school districts
and state educational agencies to participate in ISIMS. Second,
once the system is operational it will have ongoing state costs.
This legislation would require that those ongoing costs be
provided in the state appropriation annually to public education
as an off the top line item.
FISCAL IMPACT
FY2004 No impact on the state general fund.
FY2005 No impact on the state general fund.
FY2006 $7 million appropriated to public education, and
ongoing each year thereafter.
Contact
Name: Representative Fred D. Tilman
Phone: 208-332-1000
Senator Gary Schroeder, 208-332-1323
Dr. Mike Friend, IASA, 208-345-1171
STATEMENT OF PURPOSE/FISCAL NOTE H 367