2004 Legislation
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HOUSE BILL NO. 769 – Retired teachers, rehired, when

HOUSE BILL NO. 769

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Bill Status



H0769..........................................................by EDUCATION
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

Bill Text


                                                                        
                                                                        
  ]]]]              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
 36        employment.
 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
                                                                        
                                           2
                                                                        
  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 / Fiscal Impact


                       STATEMENT OF PURPOSE
                            RS 13996C2

     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.


                          FISCAL IMPACT

     There would be no impact upon state general fund revenues. 
Any fiscal effect would be within the parameters of any current
public education appropriation.


Contact
Name: Representative Tom Trail 
Phone: 332-1000
Representative Shirley Ringo
332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                       H 769