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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
]]]] 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
2 RELATING TO NONCERTIFICATED PERSONNEL OF PUBLIC SCHOOL DISTRICTS; AMENDING
3 SECTION 33-517, IDAHO CODE, TO PROVIDE A PROCEDURE FOR RESOLUTION OF PRO-
4 POSED TERMINATION OF EMPLOYMENT OF NONCERTIFICATED PERSONNEL AND TO MAKE A
5 TECHNICAL CORRECTION.
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
2
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
3
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
4
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
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.
Contact
Name: Sen. Bert Marley
Phone: (208) 332-1407
STATEMENT OF PURPOSE/FISCAL NOTE S 1148