Print Friendly HOUSE BILL NO. 769 – Retired teachers, rehired, when
HOUSE BILL NO. 769
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RETIRED TEACHERS/EDUCATORS - REHIRED - Adds to existing law to authorize
rehiring retired teachers or educators under conditions specified which
govern the declaration of a critical shortage, application of retirement
provisions, benefits and contract terms.
02/26 House intro - 1st rdg - to printing
02/27 Rpt prt - to Com/HuRes
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 769
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO TEACHERS; AMENDING CHAPTER 12, TITLE 33, IDAHO CODE, BY THE ADDI-
3 TION OF A NEW SECTION 33-1210, IDAHO CODE, TO AUTHORIZE REHIRING RETIRED
4 TEACHERS OR EDUCATORS UNDER CONDITIONS SPECIFIED WHICH GOVERN THE DECLARA-
5 TION OF A CRITICAL SHORTAGE, APPLICATION OF RETIREMENT PROVISIONS, BENE-
6 FITS AND CONTRACT TERMS; AND PROVIDING A SUNSET DATE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Chapter 12, Title 33, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 33-1210, Idaho Code, and to read as follows:
11 33-1210. "HIGHLY QUALIFIED" RETIRED TEACHER OR EDUCATOR. In the event
12 that a school district, including a charter school district, finds that a
13 teacher shortage exists within the district, that a position is unfilled, and
14 that no "highly qualified" applicant, as that term is defined by rules of the
15 state board of education, has applied for the position, the board may declare
16 a critical shortage and may hire a postretirement teacher or educator who
17 meets the qualifications of the position, as governed by the provisions of
18 this section.
19 (1) A postretirement teacher or educator is an at-will employee of the
20 district, the provisions of sections 33-514, 33-1271 and 33-1273, Idaho Code,
21 notwithstanding. Benefits may be negotiated between the district and the
22 highly qualified teacher or educator at the time of rehiring. Any such bene-
23 fits negotiated between the teacher or educator and the employer are separate
24 from the district collective bargaining agreement.
25 (2) Although the contract may provide for sick leave benefits, there
26 shall be no additional accumulation of sick leave for the purposes of section
27 67-5339, Idaho Code.
28 (3) If the highly qualified retired teacher or educator meets eligibility
29 criteria, the choice may be made:
30 (a) To terminate retirement benefit payments and reenroll in the public
31 employee retirement system of Idaho, and make appropriate contributions.
32 If this election is selected, the district shall make the employer's con-
33 tribution as required.
34 (b) To continue to receive retirement benefits. If this election is
35 selected, the individual shall not accrue service credit for the time of
37 (4) A district must make the determination annually that a critical
38 shortage exists. A contract with a highly qualified retired teacher or educa-
39 tor shall not be for more than one (1) year. An individual shall not be hired
40 postretirement for more than three (3) years.
41 (5) Prior to the first rehire following retirement, there must have been
42 a period of separation of not less than ninety (90) days. The ninety (90) days
43 shall be calculated from the date of the last pay period in the event that pay
1 periods extended beyond the retirement date. There shall be no agreement made
2 prior to retirement to rehire a teacher or educator in the district from which
3 the teacher or educator retired.
4 SECTION 2. The provisions of this act shall be null, void and of no force
5 and effect on and after June 30, 2007.
STATEMENT OF PURPOSE
This proposal would amend Section 33-1210 Idaho Code, to
allow school districts including charter schools to rehire
retired teachers or educators under a declaration of a critical
personnel shortage. This amendment will help Idaho meet the
requirements of federal initiatives such as No Child Left Behind
(NCLB) which mandates that school districts hire only highly
qualified teachers or educators as defined by rules of the Idaho
State Board of Education. This amendment addresses some school
districts' difficulty in locating highly qualified teachers or
educators to fill short-term, emergency vacancies for mandated
core courses. This legislation would allow highly qualified
teachers or educators to return to the classroom as an at-will
employee and only if they retired under the rule of ninety.
Further, the amendment declares an employment contract cannot
extend longer than one year, and no rehired highly qualified
teacher or educator can work for more than a total of three
years. A retired teacher or educator must have been separated
from work at least ninety days prior to returning to work, and a
retired teacher or educator can not be promised work in the
school district they retired from.
There would be no impact upon state general fund revenues.
Any fiscal effect would be within the parameters of any current
public education appropriation.
Name: Representative Tom Trail
Representative Shirley Ringo
STATEMENT OF PURPOSE/FISCAL NOTE H 769