Print Friendly HOUSE BILL NO. 531 – Schools, student information mngmt
HOUSE BILL NO. 531
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SCHOOLS - STUDENT INFORMATION MANAGEMENT SYSTEM - Amends existing law to
permit the Idaho State Board of Education to adopt rules to implement a
student information management system; to provide for access to the system;
to provide definitions; and to provide correct code references.
02/01 House intro - 1st rdg - to printing
02/02 Rpt prt - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 531
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO STATE BOARD OF EDUCATION; AMENDING SECTION 33-120, IDAHO
3 CODE, TO PERMIT THE BOARD TO ADOPT RULES TO IMPLEMENT A STUDENT INFORMA-
4 TION MANAGEMENT SYSTEM, TO PROVIDE ACCESS TO THE SYSTEM AND TO PROVIDE
5 DEFINITIONS; AMENDING SECTION 33-512, IDAHO CODE, TO REMOVE REFERENCE TO
6 THE STUDENT INFORMATION MANAGEMENT SYSTEM; AMENDING SECTION 33-515, IDAHO
7 CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 33-1001, IDAHO
8 CODE, TO REMOVE THE DEFINITION FOR THE STUDENT INFORMATION MANAGEMENT SYS-
9 TEM AND FOR RELATED DEFINITIONS; AND AMENDING SECTION 33-1004G, IDAHO
10 CODE, TO PROVIDE A CORRECT CODE REFERENCE.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 33-120, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 33-120. UNIFORM REPORTING. (1) The state superintendent of public
15 instruction shall prescribe forms and format for uniform accounting for finan-
16 cial and statistical reports and performance measurements to provide consis-
17 tent and uniform reporting by school districts.
18 (2) The state board of education may adopt rules pursuant to the provi-
19 sions of chapter 52, title 67, Idaho Code, and under authority of section
20 33-105, Idaho Code, to provide for and implement a student information manage-
21 ment system.
22 (a) The state board of education shall ensure that a state operated stu-
23 dent information management system which provides real time, appropriate
24 access to educational data, is available and used by all Idaho school dis-
25 tricts including public charter schools that have been designated as local
26 education agencies. The board shall also ensure that state agencies, par-
27 ents and other parties with an interest in education have real time,
28 appropriate access to the system consistent with the user's role as deter-
29 mined by rule of the board.
30 (b) As used in this section:
31 (i) "Appropriate access" means secure, legally authorized access to
32 information on the system consistent with the user's role as deter-
33 mined by rule of the state board of education; and
34 (ii) "Real time" means immediate access to current information on
35 the system.
36 SECTION 2. That Section 33-512, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 33-512. GOVERNANCE OF SCHOOLS. The board of trustees of each school dis-
39 trict shall have the following powers and duties:
40 1. To fix the days of the year and the hours of the day when schools
41 shall be in session. However:
1 (a) Each school district shall annually adopt and implement a school cal-
2 endar which provides its students at each grade level with the following
3 minimum number of instructional hours:
4 Grades Hours
5 9-12 990
6 4-8 900
7 1-3 810
8 K 450
9 (b) School assemblies, testing and other instructionally related activi-
10 ties involving students directly may be included in the required instruc-
11 tional hours.
12 (c) When approved by a local school board, annual instructional hour
13 requirements stated in paragraph (a) may be reduced as follows:
14 (i) Up to a total of twenty-two (22) hours to accommodate staff
15 development activities conducted on such days as the local school
16 board deems appropriate.
17 (ii) Up to a total of eleven (11) hours of emergency school closures
18 due to adverse weather conditions and facility failures.
19 However, transportation to and from school, passing times between classes,
20 recess and lunch periods shall not be included.
21 (d) Student and staff activities related to the opening and closing of
22 the school year, grade reporting, program planning, staff meetings, and
23 other classroom and building management activities shall not be counted as
24 instructional time or in the reductions provided in paragraph (c)(i) of
25 this section.
26 (e) For multiple shift programs, this rule applies to each shift (i.e.,
27 each student must have access to the minimum annual required hours of
29 (f) The instructional time requirement for grade 12 students may be
30 reduced by action of a local school board for an amount of time not to
31 exceed eleven (11) hours of instructional time.
32 (g) The state superintendent of public instruction may grant an exemption
33 from the provisions of this section for an individual building within a
34 district, when the closure of that building, for unforeseen circumstances,
35 does not affect the attendance of other buildings within the district.
36 2. To adopt and carry on, and provide for the financing of, a total edu-
37 cational program for the district. Such programs in other than elementary
38 school districts may include education programs for out-of-school youth and
39 adults; and such districts may provide classes in kindergarten;
40 3. To provide, or require pupils to be provided with, suitable textbooks
41 and supplies, and for advice on textbook selections may appoint a textbook
42 adoption committee as provided in section 33-512A, Idaho Code;
43 4. To protect the morals and health of the pupils;
44 5. To exclude from school, children not of school age;
45 6. To prescribe rules for the disciplining of unruly or insubordinate
46 pupils, such rules to be included in a district discipline code adopted by
47 the board of trustees and a summarized version thereof to be provided in writ-
48 ing at the beginning of each school year to the teachers and students in the
49 district in a manner consistent with the student's age, grade and level of
50 academic achievement;
51 7. To exclude from school, pupils with contagious or infectious diseases
52 who are diagnosed or suspected as having a contagious or infectious disease or
53 those who are not immune and have been exposed to a contagious or infectious
54 disease; and to close school on order of the state board of health or local
55 health authorities;
1 8. To equip and maintain a suitable library or libraries in the school or
2 schools and to exclude therefrom, and from the schools, all books, tracts,
3 papers, and catechisms of sectarian nature;
4 9. To determine school holidays. Any listing of school holidays shall
5 include not less than the following: New Year's Day, Memorial Day, Indepen-
6 dence Day, Thanksgiving Day, and Christmas Day. Other days listed in section
7 73-108, Idaho Code, if the same shall fall on a school day, shall be observed
8 with appropriate ceremonies; and any days the state board of education may
9 designate, following the proclamation by the governor, shall be school holi-
11 10. To erect and maintain on each schoolhouse or school grounds a suitable
12 flagstaff or flagpole, and display thereon the flag of the United States of
13 America on all days, except during inclement weather, when the school is in
14 session; and for each Veterans Day, each school in session shall conduct and
15 observe an appropriate program of at least one (1) class period remembering
16 and honoring American veterans;
17 11. To prohibit entrance to each schoolhouse or school grounds, to pro-
18 hibit loitering in schoolhouses or on school grounds and to provide for the
19 removal from each schoolhouse or school grounds of any individual or individu-
20 als who disrupt the educational processes or whose presence is detrimental to
21 the morals, health, safety, academic learning or discipline of the pupils. A
22 person who disrupts the educational process or whose presence is detrimental
23 to the morals, health, safety, academic learning or discipline of the pupils
24 or who loiters in schoolhouses or on school grounds, is guilty of a misde-
26 12. To supervise and regulate, including by contract with established
27 entities, those extracurricular activities which are by definition outside of
28 or in addition to the regular academic courses or curriculum of a public
29 school, and which extracurricular activities shall not be considered to be a
30 property, liberty or contract right of any student, and such extracurricular
31 activities shall not be deemed a necessary element of a public school educa-
32 tion, but shall be considered to be a privilege.
33 13. To govern the school district in compliance with state law and rules
34 of the state board of education.
35 14. To submit to the superintendent of public instruction not later than
36 July 1 of each year documentation which meets the reporting requirements of
37 the federal gun-free schools act of 1994 as contained within the federal
38 improving America's schools act of 1994.
39 15. To require that all persons hired for the first time by the district
40 or who have been in the employ of the district five (5) years or less, undergo
41 a criminal history check as provided in section 33-130, Idaho Code. All such
42 employees who are required to undergo a criminal history check shall obtain
43 the history check within three (3) months of starting employment, or for
44 employees with five (5) years or less with the district, within three (3)
45 months from the date such employee is notified that he must undergo a criminal
46 history check. Such employees shall pay the cost of the criminal history
47 check. If the criminal history check shows that the employee has been con-
48 victed of a felony crime enumerated in section 33-1208, Idaho Code, it shall
49 be grounds for immediate termination, dismissal or other personnel action of
50 the district, except that it shall be the right of the school district to
51 evaluate whether an individual convicted of one (1) of these crimes and having
52 been incarcerated for that crime shall be hired. The district may require any
53 or all persons who have been employed continuously with the same district for
54 more than five (5) years, to undergo a criminal history check as provided in
55 section 33-130, Idaho Code. If the district elects to require criminal history
1 checks of such employees, the district shall pay the costs of the criminal
2 history check or reimburse employees for such cost. A substitute teacher who
3 has undergone a criminal history check at the request of one (1) district in
4 which he has been employed as a substitute shall not be required to undergo an
5 additional criminal history check at the request of any other district in
6 which he is employed as a substitute if the teacher has obtained a criminal
7 history check within the previous three (3) years. If the district next
8 employing the substitute still elects to require another criminal history
9 check within the three (3) year period, that district shall pay the cost of
10 the criminal history check or reimburse the substitute teacher for such cost.
11 16. Each board of trustees of a school district shall be responsible for
12 developing a system for registering volunteers or contractors consistent with
13 maintaining a safe environment for their students.
14 17. To ensure that each school district, including specially chartered
15 school districts, participates in the Idaho student information management
16 system (ISIMS) to the full extent of its availability. The terms "Idaho stu-
17 dent information management system," "appropriate access" and "real time"
18 shall have such meanings as the terms are defined in section 33-1001, Idaho
20 18. To provide support for teachers in their first two (2) years in the
21 profession in the areas of: administrative and supervisory support, mentoring,
22 peer assistance and professional development.
23 SECTION 3. That Section 33-515, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 33-515. ISSUANCE OF RENEWABLE CONTRACTS. During the third full year of
26 continuous employment by the same school district, including any specially
27 chartered district, each certificated employee named in subsection 1716. of
28 section 33-1001, Idaho Code, and each school nurse and school librarian shall
29 be evaluated for a renewable contract and shall, upon having been offered a
30 contract for the next ensuing year, having given notice of acceptance of
31 renewal and upon signing a contract for a fourth full year, be placed on a
32 renewable contract status with said school district subject to the provisions
33 included in this chapter.
34 After the third full year of employment and at least once annually, the
35 performance of each such certificated employee, school nurse, or school
36 librarian shall be evaluated according to criteria and procedures established
37 by the board of trustees in accordance with general guidelines approved by the
38 state board of education. Except as otherwise provided, that person shall have
39 the right to automatic renewal of contract by giving notice, in writing, of
40 acceptance of renewal. Such notice shall be given to the board of trustees of
41 the school district then employing such person not later than the first day
42 of June preceding the expiration of the term of the current contract. Except
43 as otherwise provided by this paragraph, the board of trustees shall notify
44 each person entitled to be employed on a renewable contract of the requirement
45 that such person must give the notice hereinabove and that failure to do so
46 may be interpreted by the board as a declination of the right to automatic
47 renewal or the offer of another contract. Such notification shall be made, in
48 writing, not later than the fifteenth day of May, in each year, except to
49 those persons to whom the board, prior to said date, has sent proposed con-
50 tracts for the next ensuing year, or to whom the board has given the notice
51 required by this section.
52 Any contract automatically renewed under the provisions of this section
53 shall be for the same length as the term stated in the current contract and at
1 a salary no lower than that specified therein, to which shall be added such
2 increments as may be determined by the statutory or regulatory rights of such
3 employee by reason of training, service, or performance.
4 Nothing herein shall prevent the board of trustees from offering a renewed
5 contract increasing the salary of any certificated person, or from reassigning
6 an administrative employee to a nonadministrative position with appropriate
7 reduction of salary from the preexisting salary level. In the event the board
8 of trustees reassigns an administrative employee to a nonadministrative posi-
9 tion, the board shall give written notice to the employee which contains a
10 statement of the reasons for the reassignment. The employee, upon written
11 request to the board, shall be entitled to an informal review of that deci-
12 sion. The process and procedure for the informal review shall be determined by
13 the local board of trustees.
14 Before a board of trustees can determine not to renew for reasons of an
15 unsatisfactory report of the performance of any certificated person whose con-
16 tract would otherwise be automatically renewed, or to renew the contract of
17 any such person at a reduced salary, such person shall be entitled to a rea-
18 sonable period of probation. This period of probation shall be preceded by a
19 written notice from the board of trustees with reasons for such probationary
20 period and with provisions for adequate supervision and evaluation of the
21 person's performance during the probationary period. Such period of probation
22 shall not affect the person's renewable contract status. Consideration of pro-
23 bationary status for certificated personnel is consideration of the status of
24 an employee within the meaning of section 67-2345, Idaho Code, and may be held
25 in executive session. If the consideration results in probationary status, the
26 individual on probation shall not be named in the minutes of the meeting. A
27 record of the decision shall be placed in the teacher's personnel file.
28 If the board of trustees takes action to immediately discharge or dis-
29 charge upon termination of the current contract a certificated person whose
30 contract would otherwise be automatically renewed, or to renew the contract of
31 any such person at a reduced salary, the action of the board shall be consis-
32 tent with the procedures specified in section 33-513(5), Idaho Code, and fur-
33 thermore, the board shall notify the employee in writing whether there is just
34 and reasonable cause not to renew the contract or to reduce the salary of the
35 affected employee, and if so, what reasons it relied upon in that determina-
37 If the board of trustees, for reasons other than unsatisfactory service,
38 for the ensuing contract year, determines to change the length of the term
39 stated in the current contract, reduce the salary or not renew the contract of
40 a certificated person whose contract would otherwise be automatically renewed,
41 nothing herein shall require a probationary period.
42 SECTION 4. That Section 33-1001, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 33-1001. DEFINITIONS. The following words and phrases used in this chap-
45 ter are defined as follows:
46 1. "Administrative schools" means and applies to all elementary schools
47 and kindergartens within a district that are situated ten (10) miles or less
48 from both the other elementary schools and the principal administrative office
49 of the district and all secondary schools within a district that are situated
50 fifteen (15) miles or less from other secondary schools of the district.
51 2. "Average daily attendance" or "pupils in average daily attendance"
52 means the aggregate number of days enrolled students are present, divided by
53 the number of days of school in the reporting period; provided, however, that
1 students for whom no Idaho school district is a home district shall not be
2 considered in such computation.
3 3. "Elementary grades" or "elementary average daily attendance" means and
4 applies to students enrolled in grades one (1) through six (6) inclusive, or
5 any combination thereof.
6 4. "Elementary schools" are schools that serve grades one (1) through six
7 (6) inclusive, or any combination thereof.
8 5. "Elementary/secondary schools" are schools that serve grades one (1)
9 through twelve (12) inclusive, or any combination thereof.
10 6. "Homebound student" means any student who would normally and regularly
11 attend school, but is confined to home or hospital because of an illness or
12 accident for a period of ten (10) or more consecutive days.
13 7. "Idaho student information management system (ISIMS)" means a secure,
14 centralized data system where public school information is stored, accessed
15 and analyzed. The system is comprised of two (2) parts: the first part
16 includes a uniform package of software applications used by all public schools
17 in Idaho for student related administrative functions. The software applica-
18 tions shall handle such functions as student scheduling, grade reporting,
19 attendance, recordkeeping, student achievement and teacher resources; the sec-
20 ond part is a data warehouse where public school data are stored and contains
21 a number of report-generating software applications. Related definitions
22 within the context of ISIMS are:
23 (a) "Appropriate access" means secure, legally authorized access to
24 information on the system consistent with the user's role as determined by
25 rule of the state board of education; and
26 (b) "Real time" means immediate access to current information on the sys-
28 8. "Kindergarten" or "kindergarten average daily attendance" means and
29 applies to all students enrolled in a school year, less than school year, or
30 summer kindergarten program.
31 98. "Public school district" or "school district" or "district" means any
32 public school district organized under the laws of this state, including spe-
33 cially chartered school districts.
34 109. "Secondary grades" or "secondary average daily attendance" means and
35 applies to students enrolled in grades seven (7) through twelve (12) inclu-
36 sive, or any combination thereof.
37 1 10. "Secondary schools" are schools that serve grades seven (7) through
38 twelve (12) inclusive, or any combination thereof.
39 1 21. "Separate elementary school" means an elementary school which mea-
40 sured from itself, traveling on an all-weather road, is situated more than ten
41 (10) miles distance from both the nearest elementary school and
42 elementary/secondary school serving like grades within the same school dis-
43 trict and from the location of the office of the superintendent of schools of
44 such district, or from the office of the chief administrative officer of such
45 district if the district employs no superintendent of schools.
46 1 32. "Separate kindergarten" means a kindergarten which measured from
47 itself, traveling on an all-weather road, is situated more than ten (10) miles
48 distance from both the nearest kindergarten school within the same school dis-
49 trict and from the location of the office of the superintendent of schools of
50 such district, or from the office of the chief administrative officer of such
51 district if the district employs no superintendent of schools.
52 1 43. "Separate secondary school" means any secondary school which is
53 located more than fifteen (15) miles by an all-weather road from any other
54 secondary school and elementary/secondary school serving like grades operated
55 by the district.
1 1 54. "Support program" means the educational support program as described
2 in section 33-1002, Idaho Code, the transportation support program described
3 in section 33-1006, Idaho Code, and the exceptional education support program
4 as provided in section 33-1007, Idaho Code.
5 1 65. "Support unit" means a function of average daily attendance used in
6 the calculations to determine financial support provided the public school
8 1 76. "Teacher" means any person employed in a teaching, instructional,
9 supervisory, educational administrative or educational and scientific capacity
10 in any school district. In case of doubt the state board of education shall
11 determine whether any person employed requires certification as a teacher.
12 SECTION 5. That Section 33-1004G, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 33-1004G. EARLY RETIREMENT INCENTIVE -- ADMINISTRATIVE STAFF EXCLUDED.
15 (1) Except as provided in subsection (8) of this section, each certificated
16 employee of an Idaho public school district as defined in section 33-1001
17 1 76., Idaho Code, is eligible for an early retirement incentive, provided they
18 meet the following criteria:
19 (a) The employee has completed a minimum of ten (10) years of continuous
20 full-time certified employment, which may include time spent on a sabbati-
21 cal leave, in Idaho public school districts at the time of application.
22 (b) The employee is not eligible for unreduced service, early or disabil-
23 ity retirement from the public employee retirement system of Idaho at the
24 time of application.
25 (c) The employee is fifty-five (55) years old before September 1 of the
26 year the application is made; provided that persons turning fifty-six (56)
27 years old or greater between August 15 and 31, 2000, will be eligible to
28 receive the retirement incentive option percentage provided in this sec-
29 tion that reflects their age on August 15, 2000.
30 (d) The employee submits his/her application to the state superintendent
31 of public instruction on or before April 1 of the year of application.
32 (e) The employee is contracted with an Idaho public school district for
33 the entire school year during the year of application and has not been
34 terminated or on a leave of absence for the current or upcoming school
36 (2) (a) Full-time qualifying applicants shall receive as a one (1) time
37 incentive the following amount of the employee's qualifying salary allo-
38 cation as provided in section 33-1004E, Idaho Code:
39 at 55 years of age 55% of allocation
40 at 56 years of age 50% of allocation
41 at 57 years of age 45% of allocation
42 at 58 years of age 40% of allocation
43 at 59 years of age 30% of allocation
44 at 60 years of age 30% of allocation
45 at 61 years of age 20% of allocation
46 at 62 years of age 20% of allocation
47 at 63 years of age and over 0% of allocation
48 (b) Certified employees working less than full-time in the application
49 year will have the incentive payment prorated according to their full-time
50 equivalent (FTE) percentage.
51 (c) Incentive payments for certified employees not placed on the experi-
52 ence and education multiplier table as provided in section 33-1004A, Idaho
53 Code, will be calculated using the BA column of the table.
1 (3) Incentives and the employer's share of FICA benefits shall be paid by
2 the state department of education to the Idaho public school district with
3 which the applicant was last contracted on or before July 31 of the year of
4 application and acceptance.
5 (4) Incentives shall be considered additional compensation flowing from
6 the employment relationship and subject to federal and state tax laws. Incen-
7 tives shall not be considered salary for purposes of the public employee
8 retirement system.
9 (5) Any employee receiving an early retirement incentive as provided in
10 this section shall not be eligible for future employment with an Idaho school
11 district where such employment would again qualify him/her for participation
12 in the state retirement system.
13 (6) Any applicant choosing to withdraw their application must notify the
14 state superintendent of public instruction in writing no later than June 20 in
15 the year of application.
16 (7) A special application of the early retirement incentive shall super-
17 sede the limitations of this section to the extent necessary to comply with
18 this subsection. An otherwise qualified certificated employee who becomes med-
19 ically unable to work prior to July 1 of any year shall be eligible to apply
20 for the early retirement incentive for which the employee would have been eli-
21 gible retroactive to April 1.
22 (8) Administrative staff shall not be allowed to participate in the early
23 retirement incentive program as provided in this section and such staff are
24 hereby excluded from participation in the program.
STATEMENT OF PURPOSE
This legislation removes outdated references to the Idaho
Student Information Management system (ISIMS). This legislation
will also allow the State Board of Education to adopt rules that
will govern the implementation of a student information
management system should funding become available.
Should funding become available for a student information
management system, there would be a fiscal impact of
approximately $500 to promulgate rules to govern the program.
Name: Karen Echeverria
Agency: Office of the State Board of Education
STATEMENT OF PURPOSE/FISCAL NOTE H 531