2005 Legislation
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SENATE BILL NO. 1148 – School dist, noncertified staff


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Bill Status

S1148..........................................................by EDUCATION
TEACHERS - Amends existing law relating to noncertificated personnel of
public school districts to provide a procedure for resolution of proposed
termination of employment of noncertificated personnel.
02/14    Senate intro - 1st rdg - to printing
02/15    Rpt prt - to Educ
03/02    Rpt out - to 14th Ord
03/04    Rpt out w/o amen - ret'd to Educ

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                       IN THE SENATE
                                    SENATE BILL NO. 1148
                                   BY EDUCATION COMMITTEE
  1                                        AN ACT
  6    Be It Enacted by the Legislature of the State of Idaho:
  7        SECTION 1.  That Section 33-517, Idaho Code, be, and the  same  is  hereby
  8    amended to read as follows:
  9        33-517.  NONCERTIFICATED  PERSONNEL.  The board of trustees of each school
 10    district including any specially chartered district, shall have the  following
 11    powers and duties:
 12        (1)  To  provide that hiring and evaluation procedures for noncertificated
 13    personnel shall be in writing and shall be available for  any  noncertificated
 14    employee's  review at anytime any time. Job descriptions for all noncertifica-
 15    ted employees shall be written and shall be made available to employees of the
 16    district or other people seeking employment.
 17        (2)  To provide a grievance procedure for noncertificated employees of the
 18    district which meets the minimum standards of paragraphs (a)  through  (i)  of
 19    this  subsection. In the event a grievance procedure is not provided, the fol-
 20    lowing grievance procedure shall apply.
 21        (a)  A grievance shall be defined as a written allegation of unfair treat-
 22        ment or a violation of school district policy. A noncertificated  employee
 23        of  the  district  may  file  a  grievance about any matter related to his
 24        employment, provided that neither the  rate  of  salary  or  wage  of  the
 25        employee  nor  the  decision to terminate an employee for cause during the
 26        initial one hundred eighty (180) days of employment shall be a proper sub-
 27        ject for consideration under the grievance procedure provided in this sec-
 28        tion.
 29        (b)  If a noncertificated employee files a grievance, the  employee  shall
 30        submit  the grievance in writing to his or her immediate supervisor within
 31        six (6) working days of the incident giving rise  to  the  grievance.  The
 32        grievance  shall  state the nature of the grievance and the remedy sought.
 33        Within six (6) working days of receipt of  the  grievance,  the  immediate
 34        supervisor shall provide a written response to the employee.
 35        (c)  If the noncertificated employee is not satisfied with the response of
 36        the immediate supervisor or if there is no response within the time lines,
 37        the  employee  may  appeal the grievance to the superintendent of the dis-
 38        trict or the superintendent's designee within five (5) working days of the
 39        receipt of the response as set out in subsection (2)(b) of this section or
 40        within five (5) working days from the date  the  supervisor  last  had  to
 41        respond  if  the  noncertificated  employee  received no written response.
 42        Within six (6) working days of an appeal, the superintendent or his desig-
 43        nee shall communicate with the noncertificated employee in  an  effort  to
  1        resolve the appeal. Within five (5) working days of the communication, the
  2        superintendent  or  his  designee  shall provide a written response to the
  3        noncertificated employee.
  4        (d)  If the noncertificated employee is not satisfied with the response of
  5        the superintendent or his designee, or if there  is  no  response  by  the
  6        superintendent  or  his designee within the time frame provided in subsec-
  7        tion (2)(c) of this section, the noncertificated employee  may  request  a
  8        review  of  the  grievance by a hearing panel within five (5) working days
  9        from receipt of the response provided in subsection (2)(c)  of  this  sec-
 10        tion if the employee received a written response, or five (5) working days
 11        from  the date the superintendent last had to respond if the noncertifica-
 12        ted employee received no written response. Within ten (10) working days of
 13        receipt of an appeal, the board of trustees shall convene a panel consist-
 14        ing of three (3) persons; one (1) designated by the board of trustees, one
 15        (1) designated by the employee, and one (1) agreed upon  by  the  two  (2)
 16        appointed members for the purpose of reviewing the appeal. Within five (5)
 17        working  days  following  completion of the review, the panel shall submit
 18        its decision in writing to the noncertificated employee, the  superintend-
 19        ent, and the board of trustees.
 20        (e)  The  panel's decision shall be the final and conclusive resolution of
 21        the grievance unless the board of trustees overturns the panel's  decision
 22        by  resolution  at  the board of trustees' next regularly scheduled public
 23        meeting or unless within forty-two (42) calendar days of the filing of the
 24        board's decision, either party appeals to the district court in the county
 25        where the school district is located. Upon appeal of  a  decision  of  the
 26        board  of  trustees, the district court may affirm or set aside and remand
 27        the matter to the board of trustees upon the following grounds, and  shall
 28        not set the same aside on any other grounds:
 29             (i)  That the findings of fact are not based on any substantial, com-
 30             petent evidence;
 31             (ii)  That the board of trustees has acted without jurisdiction or in
 32             excess of its powers;
 33             (iii)  That  the findings by the board of trustees as a matter of law
 34             do not support the decision.
 35        (f)  A noncertificated employee filing a grievance pursuant to  this  sec-
 36        tion  shall  be  entitled  to a representative of the employee's choice at
 37        each step of the grievance procedure provided in this section. The  super-
 38        visor,  superintendent, or the superintendent's designee shall be entitled
 39        to a representative at each step of the grievance procedure.
 40        (g)   The time lines of the grievance procedure established in  this  sec-
 41        tion may be waived or modified by mutual agreement.
 42        (h)  Utilization  of  the grievance procedure established pursuant to this
 43        section shall not constitute a waiver of any  right  of  appeal  available
 44        pursuant to law or regulation.
 45        (i)  Neither  the  board  nor  any member of the administration shall take
 46        reprisals affecting the employment status of any party in interest.
 47        (j)  A noncertificated employee of a school district shall be required  to
 48        review  and  sign  any  entries  made to his personnel file. At reasonable
 49        times and places, in the presence of an appropriate district  official,  a
 50        noncertificated  employee  may inspect documents contained in his official
 51        personnel file.
 52        (3)  To provide a fair and swift resolution to proposed employment  termi-
 53    nations as provided in paragraphs (a) through (e) of this subsection.
 54        (a)  A noncertificated employee shall be deemed employed on a probationary
 55        status  for  a period not to exceed one hundred eighty (180) days from the
  1        date of his initial employment, or a lesser period which may be  fixed  by
  2        the board of trustees or a designee of the board.
  3        (b)  During the probationary period, the board of trustees or its designee
  4        shall cause the employee's performance to be evaluated in writing.
  5        (c)  Upon the completion of the probationary period, the employee shall be
  6        deemed  employed  on  a continuing status in the same or similar position.
  7        Upon attaining continuing status, the board of trustees  or  its  designee
  8        shall cause the employee's performance to be evaluated in writing at least
  9        once  annually.  His  employment shall thereafter not be terminated except
 10        for failure to perform his duties in a satisfactory manner,  incompetence,
 11        neglect of duty, insubordination, immorality, justifiable decrease in jobs
 12        in the school district, or other just and reasonable causes; provided how-
 13        ever,  such  termination  of employment shall not be made for political or
 14        personal reasons on the part  of  any  party  recommending  or  voting  to
 15        approve the termination.
 16        (d)  Before  a board of trustees may determine to terminate for reasons of
 17        an unsatisfactory report of the performance of any employee with  continu-
 18        ing status, such employee shall be entitled to a reasonable period of pro-
 19        bation.  This  period  of  probation shall be preceded by a written notice
 20        from the board of trustees with reasons for such probationary  period  and
 21        with  provisions for adequate supervision and evaluation of the employee's
 22        performance during the probationary period. Such period of probation shall
 23        not affect the employee's continuing status. Consideration of  the  proba-
 24        tionary  status  for the employee may be held in executive session. If the
 25        consideration results in probationary status, the individual on  probation
 26        shall not be named in the minutes of the meeting. A record of the decision
 27        shall be placed in the employee's personnel file.
 28        (e)  Employment of an employee on continuing status may be terminated only
 29        in the following manner:
 30             (i)   Termination  may be made only upon recommendation of the super-
 31             intendent and upon approval of a majority of members of the board  of
 32             trustees.  Any  such termination decision shall be reflected in board
 33             minutes. If the board of trustees decides to terminate  an  employee,
 34             the  board  of trustees shall give notice in writing to the employee,
 35             stating in detail the reasons for the  termination,  the  facts  upon
 36             which  such  reasons  are  based, and giving notice of the employee's
 37             right to a hearing as set out herein. Such notice shall  also  inform
 38             the  employee  that in order to contest the termination, the employee
 39             must file with the board of trustees, within fifteen (15) days  after
 40             receipt of such notice, a written notice appealing the termination of
 41             his employment. If the employee does not file such an appeal with the
 42             board  of  trustees  within  fifteen  (15)  days after receipt of the
 43             notice of termination, then the board of trustees' decision terminat-
 44             ing the employee's employment shall be final. The board  of  trustees
 45             may  suspend  the  employee  with pay until the charges are heard and
 46             determined; provided however, pay is not mandated in cases  involving
 47             moral  turpitude. If such charges are determined to be unfounded, pay
 48             shall be reinstated.
 49             (ii)  Within ten (10) days of the receipt of the  employee's  appeal,
 50             the  board of trustees shall decide to either hear the matter itself,
 51             or refer the matter for hearing by an alternative decision maker.  If
 52             the  board  of  trustees  chooses  the  latter  option,  the board of
 53             trustees and the employee may: mutually agree upon a person  to  hear
 54             the  employee's  appeal;  or select a panel of three (3) persons, one
 55             (1) selected by the board, one (1) selected by the employee, and  one
  1             (1) as agreed upon by the board and the employee. Such three (3) per-
  2             sons shall constitute an employee review panel to hear the employee's
  3             appeal.  If  there is no agreement on the selection of a third member
  4             within ten (10) days following the selection of the second member  of
  5             the  panel, the state superintendent of public instruction shall sub-
  6             mit the names of three (3)  individuals  who  are  qualified  through
  7             their experience and training to render a fair and impartial decision
  8             as  the  third  member of the employee review panel. From these three
  9             (3) names, the board of trustees shall strike the first name and  the
 10             employee  shall  strike  the  second name, with the person whose name
 11             remains becoming the third member of the employee review panel.
 12             (iii) Upon the board of trustees' selection of the decision maker  to
 13             hear  the  appeal,  the decision maker shall, within ten (10) days of
 14             selection, establish a date, time and place for  the  hearing  to  be
 15             conducted.  The  date  of such hearing shall in no case be later than
 16             sixty (60) days following the termination decision by  the  board  of
 17             trustees.  During  the  hearing,  the parties shall have the right to
 18             counsel or representation of their choosing. Upon the  completion  of
 19             the  hearing,  the decision maker's decision shall be rendered within
 20             forty-five (45) days. In making  its  decision,  the  decision  maker
 21             shall  consider  whether  the board of trustees' termination decision
 22             was arbitrary or unjust or for political or personal reasons  on  the
 23             part of any member of the board or the administration or is warranted
 24             based  upon  the  facts  of the case and the employment record of the
 25             employee. The decision of the decision maker shall  be  binding  upon
 26             the parties.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 14932

The purpose of this legislation is to amend Idaho Code 33-517
provide for a fair and swift resolution to proposed employment
terminations for noncertificated employees.  This legislation
would provide for a maximum 180 day probationary period, written
evaluations of an employee's performance, and a clearly outlined
procedure for termination, should the employee fail to perform
his or her duties in a satisfactory manner. 

                           FISCAL NOTE
There is no fiscal impact.

Name:  Sen. Bert Marley 
Phone: (208) 332-1407

STATEMENT OF PURPOSE/FISCAL NOTE                       S 1148