Print Friendly HOUSE BILL NO. 752 – Student info management system
HOUSE BILL NO. 752
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STATE BOARD OF EDUCATION - Amends existing law relating to the Idaho State
Board of Education to permit the board to adopt rules to provide for a
student information management system.
02/28 House intro - 1st rdg - to printing
03/01 Rpt prt - to Educ
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 64-1-5
AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Clark, Collins, Crow, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez,
Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Sayler, Schaefer, Shepherd(2), Shirley, Skippen, Smith(30),
Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
NAYS -- Barrett
Absent and excused -- Deal, Rydalch, Sali, Shepherd(8), Wood
Floor Sponsor - Wills
Title apvd - to Senate
03/13 Senate intro - 1st rdg - to Educ
03/16 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/21 3rd rdg - PASSED - 27-7-1
AYES -- Andreason, Broadsword, Bunderson, Burkett, Cameron, Coiner,
Compton, Corder, Darrington, Davis, Gannon, Goedde, Hill, Jorgenson,
Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee,
McKenzie, Richardson, Stegner, Stennett, Werk
NAYS -- Brandt, Fulcher, Geddes, Pearce, Schroeder, Sweet, Williams
Absent and excused -- Burtenshaw
Floor Sponsor - Burkett
Title apvd - to House
03/22 To enrol
03/23 Rpt enrol - Sp signed
03/24 Pres signed - To Governor
03/30 Governor signed
Session Law Chapter 244
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 752
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 PROVIDE FOR A STUDENT INFORMA-
4 TION MANAGEMENT SYSTEM; AMENDING SECTION 33-210, IDAHO CODE, TO PROVIDE A
5 CODE REFERENCE; AMENDING SECTION 33-512, IDAHO CODE, TO REMOVE REFERENCE
6 TO THE STUDENT INFORMATION MANAGEMENT SYSTEM AND TO MAKE TECHNICAL CORREC-
7 TIONS; AMENDING SECTION 33-515, IDAHO CODE, TO PROVIDE A CORRECT CODE REF-
8 ERENCE; AMENDING SECTION 33-1001, IDAHO CODE, TO REMOVE THE DEFINITION FOR
9 THE STUDENT INFORMATION MANAGEMENT SYSTEM AND FOR RELATED DEFINITIONS AND
10 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 33-1004G, IDAHO CODE, TO
11 PROVIDE A CORRECT CODE REFERENCE; AND AMENDING SECTION 33-1204, IDAHO
12 CODE, TO PROVIDE A CORRECT CODE REFERENCE.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 33-120, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 33-120. UNIFORM REPORTING. (1) The state superintendent of public
17 instruction shall prescribe forms and format for uniform accounting for finan-
18 cial and statistical reports and performance measurements to provide consis-
19 tent and uniform reporting by school districts.
20 (2) The state board of education may adopt rules pursuant to the provi-
21 sions of chapter 52, title 67, Idaho Code, and under authority of section
22 33-105, Idaho Code, to provide for and implement a student information manage-
23 ment system.
24 SECTION 2. That Section 33-210, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 33-210. STUDENTS USING OR UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED
27 SUBSTANCES. (1) It is legislative intent that parental involvement in all
28 aspects of a child's education in the public school system remain a priority.
29 Substance abuse prevention programs and counseling for students attending pub-
30 lic schools are no exception. Consequently, it is the duty of the board of
31 trustees of each school district, including specially chartered school dis-
32 tricts, and governing boards of charter schools, to adopt and implement poli-
33 cies specifying how personnel shall respond when a student discloses or is
34 reasonably suspected of using or being under the influence of alcohol or any
35 controlled substance defined by section 37-2732C, Idaho Code. Such policies
36 shall include provisions that anonymity will be provided to the student on a
37 faculty "need to know" basis, when a student voluntarily discloses using or
38 being under the influence of alcohol or any controlled substance while on
39 school property or at a school function, except as deemed reasonably necessary
40 to protect the health and safety of others. Notification of the disclosure and
41 availability of counseling for students shall be provided to parents, the
1 legal guardian or child's custodian. However, once a student is reasonably
2 suspected of using or being under the influence of alcohol or a controlled
3 substance in violation of section 37-2732C, Idaho Code, regardless of any pre-
4 vious voluntary disclosure, the school administrator or designee shall contact
5 the student's parent, legal guardian or custodian, and report the incident to
6 law enforcement. The fact that a student has previously disclosed use of alco-
7 hol or a controlled substance shall not be deemed a factor in determining
8 reasonable suspicion at a later date.
9 (2) In addition to policies adopted pursuant to this section, students
10 may, at the discretion of the district board of trustees or governing board of
11 a charter school, be subject to other disciplinary or safety policies, regard-
12 less whether the student voluntarily discloses or is reasonably suspected of
13 using or being under the influence of alcohol or a controlled substance in
14 violation of district or charter school policy or section 37-2732C, Idaho
16 (3) The district board of trustees or the governing board of the charter
17 school shall ensure that procedures are developed for contacting law enforce-
18 ment and the student's parents, legal guardian or custodian regarding a stu-
19 dent reasonably suspected of using or being under the influence of alcohol or
20 a controlled substance. District and charter school policies formulated to
21 meet the provisions of section 37-2732C, Idaho Code, and this section shall be
22 made available to each student, parent, guardian or custodian by August 31,
23 2002, and thereafter as provided by section 33-512(6 .), Idaho Code.
24 (4) Any school district employee or independent contractor of an educa-
25 tional institution who has a reasonable suspicion that a student is using or
26 is under the influence of alcohol or a controlled substance and, acting upon
27 that suspicion, reports that suspicion to a school administrator or initiates
28 procedures adopted by the board of trustees or governing board of the charter
29 school pursuant to this section, shall have immunity from any liability, civil
30 or criminal, that might otherwise be incurred or imposed. Any such participant
31 shall have the same immunity with respect to participation in any judicial
32 proceeding resulting from such report. Any person who reports in bad faith or
33 with malice shall not be protected by this section. Employees and independent
34 contractors of educational institutions who intentionally harass a student
35 through the misuse of the authority provided in this section shall not be im-
36 mune from civil liability arising from the wrongful exercise of that authority
37 and shall be guilty of a misdemeanor punishable by a fine not to exceed three
38 hundred dollars ($300).
39 (5) For the purposes of this section, the following definitions shall
41 (a) "Reasonable suspicion" means an act of judgment by a school employee
42 or independent contractor of an educational institution which leads to a
43 reasonable and prudent belief that a student is in violation of school
44 board or charter school governing board policy regarding alcohol or con-
45 trolled substance use, or the "use" or "under the influence" provisions of
46 section 37-2732C, Idaho Code. Said judgment shall be based on training in
47 recognizing the signs and symptoms of alcohol and controlled substance
49 (b) "Intentionally harass" means a knowing and willful course of conduct
50 directed at a specific student which seriously alarms, annoys, threatens
51 or intimidates the student and which serves no legitimate purpose. The
52 course of conduct must be such as would cause a reasonable person to suf-
53 fer substantial emotional distress.
54 (c) "Course of conduct" means a pattern or series of acts over a period
55 of time, however short, evidencing a continuity of purpose. Constitution-
1 ally and statutorily protected activity is not included within the meaning
2 of "course of conduct."
3 SECTION 3. That Section 33-512, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 33-512. GOVERNANCE OF SCHOOLS. The board of trustees of each school dis-
6 trict shall have the following powers and duties:
7 (1 .) To fix the days of the year and the hours of the day when schools
8 shall be in session. However:
9 (a) Each school district shall annually adopt and implement a school cal-
10 endar which provides its students at each grade level with the following
11 minimum number of instructional hours:
12 Grades Hours
13 9-12 990
14 4-8 900
15 1-3 810
16 K 450
17 (b) School assemblies, testing and other instructionally related activi-
18 ties involving students directly may be included in the required instruc-
19 tional hours.
20 (c) When approved by a local school board, annual instructional hour
21 requirements stated in paragraph (a) may be reduced as follows:
22 (i) Up to a total of twenty-two (22) hours to accommodate staff
23 development activities conducted on such days as the local school
24 board deems appropriate.
25 (ii) Up to a total of eleven (11) hours of emergency school closures
26 due to adverse weather conditions and facility failures.
27 However, transportation to and from school, passing times between classes,
28 recess and lunch periods shall not be included.
29 (d) Student and staff activities related to the opening and closing of
30 the school year, grade reporting, program planning, staff meetings, and
31 other classroom and building management activities shall not be counted as
32 instructional time or in the reductions provided in paragraph (c)(i) of
33 this section.
34 (e) For multiple shift programs, this rule applies to each shift (i.e.,
35 each student must have access to the minimum annual required hours of
37 (f) The instructional time requirement for grade 12 students may be
38 reduced by action of a local school board for an amount of time not to
39 exceed eleven (11) hours of instructional time.
40 (g) The state superintendent of public instruction may grant an exemption
41 from the provisions of this section for an individual building within a
42 district, when the closure of that building, for unforeseen circumstances,
43 does not affect the attendance of other buildings within the district.
44 (2 .) To adopt and carry on, and provide for the financing of, a total
45 educational program for the district. Such programs in other than elementary
46 school districts may include education programs for out-of-school youth and
47 adults; and such districts may provide classes in kindergarten;
48 (3 .) To provide, or require pupils to be provided with, suitable text-
49 books and supplies, and for advice on textbook selections may appoint a text-
50 book adoption committee as provided in section 33-512A, Idaho Code;
51 (4 .) To protect the morals and health of the pupils;
52 (5 .) To exclude from school, children not of school age;
53 (6 .) To prescribe rules for the disciplining of unruly or insubordinate
1 pupils, such rules to be included in a district discipline code adopted by the
2 board of trustees and a summarized version thereof to be provided in writing
3 at the beginning of each school year to the teachers and students in the dis-
4 trict in a manner consistent with the student's age, grade and level of aca-
5 demic achievement;
6 (7 .) To exclude from school, pupils with contagious or infectious dis-
7 eases who are diagnosed or suspected as having a contagious or infectious dis-
8 ease or those who are not immune and have been exposed to a contagious or
9 infectious disease; and to close school on order of the state board of health
10 or local health authorities;
11 (8 .) To equip and maintain a suitable library or libraries in the school
12 or schools and to exclude therefrom, and from the schools, all books, tracts,
13 papers, and catechisms of sectarian nature;
14 (9 .) To determine school holidays. Any listing of school holidays shall
15 include not less than the following: New Year's Day, Memorial Day, Indepen-
16 dence Day, Thanksgiving Day, and Christmas Day. Other days listed in section
17 73-108, Idaho Code, if the same shall fall on a school day, shall be observed
18 with appropriate ceremonies; and any days the state board of education may
19 designate, following the proclamation by the governor, shall be school holi-
21 (10 .) To erect and maintain on each schoolhouse or school grounds a suit-
22 able flagstaff or flagpole, and display thereon the flag of the United States
23 of America on all days, except during inclement weather, when the school is in
24 session; and for each Veterans Day, each school in session shall conduct and
25 observe an appropriate program of at least one (1) class period remembering
26 and honoring American veterans;
27 (11 .) To prohibit entrance to each schoolhouse or school grounds, to pro-
28 hibit loitering in schoolhouses or on school grounds and to provide for the
29 removal from each schoolhouse or school grounds of any individual or individu-
30 als who disrupt the educational processes or whose presence is detrimental to
31 the morals, health, safety, academic learning or discipline of the pupils. A
32 person who disrupts the educational process or whose presence is detrimental
33 to the morals, health, safety, academic learning or discipline of the pupils
34 or who loiters in schoolhouses or on school grounds, is guilty of a misde-
36 (12 .) To supervise and regulate, including by contract with established
37 entities, those extracurricular activities which are by definition outside of
38 or in addition to the regular academic courses or curriculum of a public
39 school, and which extracurricular activities shall not be considered to be a
40 property, liberty or contract right of any student, and such extracurricular
41 activities shall not be deemed a necessary element of a public school educa-
42 tion, but shall be considered to be a privilege.
43 (13 .) To govern the school district in compliance with state law and rules
44 of the state board of education.
45 (14 .) To submit to the superintendent of public instruction not later than
46 July 1 of each year documentation which meets the reporting requirements of
47 the federal gun-free schools act of 1994 as contained within the federal
48 improving America's schools act of 1994.
49 (15 .) To require that all persons hired for the first time by the district
50 or who have been in the employ of the district five (5) years or less, undergo
51 a criminal history check as provided in section 33-130, Idaho Code. All such
52 employees who are required to undergo a criminal history check shall obtain
53 the history check within three (3) months of starting employment, or for
54 employees with five (5) years or less with the district, within three (3)
55 months from the date such employee is notified that he must undergo a criminal
1 history check. Such employees shall pay the cost of the criminal history
2 check. If the criminal history check shows that the employee has been con-
3 victed of a felony crime enumerated in section 33-1208, Idaho Code, it shall
4 be grounds for immediate termination, dismissal or other personnel action of
5 the district, except that it shall be the right of the school district to
6 evaluate whether an individual convicted of one (1) of these crimes and having
7 been incarcerated for that crime shall be hired. The district may require any
8 or all persons who have been employed continuously with the same district for
9 more than five (5) years, to undergo a criminal history check as provided in
10 section 33-130, Idaho Code. If the district elects to require criminal history
11 checks of such employees, the district shall pay the costs of the criminal
12 history check or reimburse employees for such cost. A substitute teacher who
13 has undergone a criminal history check at the request of one (1) district in
14 which he has been employed as a substitute shall not be required to undergo an
15 additional criminal history check at the request of any other district in
16 which he is employed as a substitute if the teacher has obtained a criminal
17 history check within the previous three (3) years. If the district next
18 employing the substitute still elects to require another criminal history
19 check within the three (3) year period, that district shall pay the cost of
20 the criminal history check or reimburse the substitute teacher for such cost.
21 (16 .) Each board of trustees of a school district shall be responsible for
22 developing a system for registering volunteers or contractors consistent with
23 maintaining a safe environment for their students.
24 17. To ensure that each school district, including specially chartered
25 school districts, participates in the Idaho student information management
26 system (ISIMS) to the full extent of its availability. The terms "Idaho stu-
27 dent information management system," "appropriate access" and "real time"
28 shall have such meanings as the terms are defined in section 33-1001, Idaho
30 18.(17) To provide support for teachers in their first two (2) years in
31 the profession in the areas of: administrative and supervisory support,
32 mentoring, peer assistance and professional development.
33 SECTION 4. That Section 33-515, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 33-515. ISSUANCE OF RENEWABLE CONTRACTS. During the third full year of
36 continuous employment by the same school district, including any specially
37 chartered district, each certificated employee named in subsection (1 7.6) of
38 section 33-1001, Idaho Code, and each school nurse and school librarian shall
39 be evaluated for a renewable contract and shall, upon having been offered a
40 contract for the next ensuing year, having given notice of acceptance of
41 renewal and upon signing a contract for a fourth full year, be placed on a
42 renewable contract status with said school district subject to the provisions
43 included in this chapter.
44 After the third full year of employment and at least once annually, the
45 performance of each such certificated employee, school nurse, or school
46 librarian shall be evaluated according to criteria and procedures established
47 by the board of trustees in accordance with general guidelines approved by
48 the state board of education. Except as otherwise provided, that person shall
49 have the right to automatic renewal of contract by giving notice, in writing,
50 of acceptance of renewal. Such notice shall be given to the board of trustees
51 of the school district then employing such person not later than the first day
52 of June preceding the expiration of the term of the current contract. Except
53 as otherwise provided by this paragraph, the board of trustees shall notify
1 each person entitled to be employed on a renewable contract of the requirement
2 that such person must give the notice hereinabove and that failure to do so
3 may be interpreted by the board as a declination of the right to automatic
4 renewal or the offer of another contract. Such notification shall be made, in
5 writing, not later than the fifteenth day of May, in each year, except to
6 those persons to whom the board, prior to said date, has sent proposed con-
7 tracts for the next ensuing year, or to whom the board has given the notice
8 required by this section.
9 Any contract automatically renewed under the provisions of this section
10 shall be for the same length as the term stated in the current contract and at
11 a salary no lower than that specified therein, to which shall be added such
12 increments as may be determined by the statutory or regulatory rights of such
13 employee by reason of training, service, or performance.
14 Nothing herein shall prevent the board of trustees from offering a renewed
15 contract increasing the salary of any certificated person, or from reassigning
16 an administrative employee to a nonadministrative position with appropriate
17 reduction of salary from the preexisting salary level. In the event the board
18 of trustees reassigns an administrative employee to a nonadministrative posi-
19 tion, the board shall give written notice to the employee which contains a
20 statement of the reasons for the reassignment. The employee, upon written
21 request to the board, shall be entitled to an informal review of that deci-
22 sion. The process and procedure for the informal review shall be determined by
23 the local board of trustees.
24 Before a board of trustees can determine not to renew for reasons of an
25 unsatisfactory report of the performance of any certificated person whose con-
26 tract would otherwise be automatically renewed, or to renew the contract of
27 any such person at a reduced salary, such person shall be entitled to a rea-
28 sonable period of probation. This period of probation shall be preceded by a
29 written notice from the board of trustees with reasons for such probationary
30 period and with provisions for adequate supervision and evaluation of the
31 person's performance during the probationary period. Such period of probation
32 shall not affect the person's renewable contract status. Consideration of pro-
33 bationary status for certificated personnel is consideration of the status of
34 an employee within the meaning of section 67-2345, Idaho Code, and may be held
35 in executive session. If the consideration results in probationary status, the
36 individual on probation shall not be named in the minutes of the meeting. A
37 record of the decision shall be placed in the teacher's personnel file.
38 If the board of trustees takes action to immediately discharge or dis-
39 charge upon termination of the current contract a certificated person whose
40 contract would otherwise be automatically renewed, or to renew the contract of
41 any such person at a reduced salary, the action of the board shall be consis-
42 tent with the procedures specified in section 33-513(5), Idaho Code, and fur-
43 thermore, the board shall notify the employee in writing whether there is just
44 and reasonable cause not to renew the contract or to reduce the salary of the
45 affected employee, and if so, what reasons it relied upon in that determina-
47 If the board of trustees, for reasons other than unsatisfactory service,
48 for the ensuing contract year, determines to change the length of the term
49 stated in the current contract, reduce the salary or not renew the contract of
50 a certificated person whose contract would otherwise be automatically
51 renewed, nothing herein shall require a probationary period.
52 SECTION 5. That Section 33-1001, Idaho Code, be, and the same is hereby
53 amended to read as follows:
1 33-1001. DEFINITIONS. The following words and phrases used in this chap-
2 ter are defined as follows:
3 (1 .) "Administrative schools" means and applies to all elementary schools
4 and kindergartens within a district that are situated ten (10) miles or less
5 from both the other elementary schools and the principal administrative office
6 of the district and all secondary schools within a district that are situated
7 fifteen (15) miles or less from other secondary schools of the district.
8 (2 .) "Average daily attendance" or "pupils in average daily attendance"
9 means the aggregate number of days enrolled students are present, divided by
10 the number of days of school in the reporting period; provided, however, that
11 students for whom no Idaho school district is a home district shall not be
12 considered in such computation.
13 (3 .) "Elementary grades" or "elementary average daily attendance" means
14 and applies to students enrolled in grades one (1) through six (6) inclusive,
15 or any combination thereof.
16 (4 .) "Elementary schools" are schools that serve grades one (1) through
17 six (6) inclusive, or any combination thereof.
18 (5 .) "Elementary/secondary schools" are schools that serve grades one (1)
19 through twelve (12) inclusive, or any combination thereof.
20 (6 .) "Homebound student" means any student who would normally and regu-
21 larly attend school, but is confined to home or hospital because of an illness
22 or accident for a period of ten (10) or more consecutive days.
23 (7 .) "Idaho student information management system (ISIMS)" means a
24 secure, centralized data system where public school information is stored,
25 accessed and analyzed. The system is comprised of two (2) parts: the first
26 part includes a uniform package of software applications used by all public
27 schools in Idaho for student related administrative functions. The software
28 applications shall handle such functions as student scheduling, grade report-
29 ing, attendance, recordkeeping, student achievement and teacher resources; the
30 second part is a data warehouse where public school data are stored and con-
31 tains a number of report-generating software applications. Related definitions
32 within the context of ISIMS are:
33 (a) "Appropriate access" means secure, legally authorized access to
34 information on the system consistent with the user's role as determined by
35 rule of the state board of education; and
36 (b) "Real time" means immediate access to current information on the sys-
38 8. "Kindergarten" or "kindergarten average daily attendance" means and
39 applies to all students enrolled in a school year, less than school year, or
40 summer kindergarten program.
41 ( 9.8) "Public school district" or "school district" or "district" means
42 any public school district organized under the laws of this state, including
43 specially chartered school districts.
44 ( 10.9) "Secondary grades" or "secondary average daily attendance" means
45 and applies to students enrolled in grades seven (7) through twelve (12)
46 inclusive, or any combination thereof.
47 (1 1.0) "Secondary schools" are schools that serve grades seven (7) through
48 twelve (12) inclusive, or any combination thereof.
49 (1 2.1) "Separate elementary school" means an elementary school which mea-
50 sured from itself, traveling on an all-weather road, is situated more than ten
51 (10) miles distance from both the nearest elementary school and
52 elementary/secondary school serving like grades within the same school dis-
53 trict and from the location of the office of the superintendent of schools of
54 such district, or from the office of the chief administrative officer of such
55 district if the district employs no superintendent of schools.
1 (1 3.2) "Separate kindergarten" means a kindergarten which measured from
2 itself, traveling on an all-weather road, is situated more than ten (10) miles
3 distance from both the nearest kindergarten school within the same school dis-
4 trict and from the location of the office of the superintendent of schools of
5 such district, or from the office of the chief administrative officer of such
6 district if the district employs no superintendent of schools.
7 (1 4.3) "Separate secondary school" means any secondary school which is
8 located more than fifteen (15) miles by an all-weather road from any other
9 secondary school and elementary/secondary school serving like grades operated
10 by the district.
11 (1 5.4) "Support program" means the educational support program as
12 described in section 33-1002, Idaho Code, the transportation support program
13 described in section 33-1006, Idaho Code, and the exceptional education sup-
14 port program as provided in section 33-1007, Idaho Code.
15 (1 6.5) "Support unit" means a function of average daily attendance used in
16 the calculations to determine financial support provided the public school
18 (1 7.6) "Teacher" means any person employed in a teaching, instructional,
19 supervisory, educational administrative or educational and scientific capacity
20 in any school district. In case of doubt the state board of education shall
21 determine whether any person employed requires certification as a teacher.
22 SECTION 6. That Section 33-1004G, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 33-1004G. EARLY RETIREMENT INCENTIVE -- ADMINISTRATIVE STAFF EXCLUDED.
25 (1) Except as provided in subsection (8) of this section, each certificated
26 employee of an Idaho public school district as defined in section
27 33-1001(1 7.6), Idaho Code, is eligible for an early retirement incentive, pro-
28 vided they meet the following criteria:
29 (a) The employee has completed a minimum of ten (10) years of continuous
30 full-time certified employment, which may include time spent on a sabbati-
31 cal leave, in Idaho public school districts at the time of application.
32 (b) The employee is not eligible for unreduced service, early or disabil-
33 ity retirement from the public employee retirement system of Idaho at the
34 time of application.
35 (c) The employee is fifty-five (55) years old before September 1 of the
36 year the application is made; provided that persons turning fifty-six (56)
37 years old or greater between August 15 and 31, 2000, will be eligible to
38 receive the retirement incentive option percentage provided in this sec-
39 tion that reflects their age on August 15, 2000.
40 (d) The employee submits his/her application to the state superintendent
41 of public instruction on or before April 1 of the year of application.
42 (e) The employee is contracted with an Idaho public school district for
43 the entire school year during the year of application and has not been
44 terminated or on a leave of absence for the current or upcoming school
46 (2) (a) Full-time qualifying applicants shall receive as a one (1) time
47 incentive the following amount of the employee's qualifying salary allo-
48 cation as provided in section 33-1004E, Idaho Code:
49 at 55 years of age 55% of allocation
50 at 56 years of age 50% of allocation
51 at 57 years of age 45% of allocation
52 at 58 years of age 40% of allocation
53 at 59 years of age 30% of allocation
1 at 60 years of age 30% of allocation
2 at 61 years of age 20% of allocation
3 at 62 years of age 20% of allocation
4 at 63 years of age and over 0% of allocation
5 (b) Certified employees working less than full-time in the application
6 year will have the incentive payment prorated according to their full-time
7 equivalent (FTE) percentage.
8 (c) Incentive payments for certified employees not placed on the experi-
9 ence and education multiplier table as provided in section 33-1004A, Idaho
10 Code, will be calculated using the BA column of the table.
11 (3) Incentives and the employer's share of FICA benefits shall be paid by
12 the state department of education to the Idaho public school district with
13 which the applicant was last contracted on or before July 31 of the year of
14 application and acceptance.
15 (4) Incentives shall be considered additional compensation flowing from
16 the employment relationship and subject to federal and state tax laws. Incen-
17 tives shall not be considered salary for purposes of the public employee
18 retirement system.
19 (5) Any employee receiving an early retirement incentive as provided in
20 this section shall not be eligible for future employment with an Idaho school
21 district where such employment would again qualify him/her for participation
22 in the state retirement system.
23 (6) Any applicant choosing to withdraw their application must notify the
24 state superintendent of public instruction in writing no later than June 20 in
25 the year of application.
26 (7) A special application of the early retirement incentive shall super-
27 sede the limitations of this section to the extent necessary to comply with
28 this subsection. An otherwise qualified certificated employee who becomes med-
29 ically unable to work prior to July 1 of any year shall be eligible to apply
30 for the early retirement incentive for which the employee would have been eli-
31 gible retroactive to April 1.
32 (8) Administrative staff shall not be allowed to participate in the early
33 retirement incentive program as provided in this section and such staff are
34 hereby excluded from participation in the program.
35 SECTION 7. That Section 33-1204, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 33-1204. VALIDITY, DURATION, RENEWAL AND LAPSE OF CERTIFICATES. The state
38 board of education shall by rule provide for the validity, duration, renewal
39 and lapse of certificates.
40 If the holder of a certificate who has undergone a criminal history check
41 pursuant to district policy as provided in subsection (15 .) of section 33-512,
42 Idaho Code, is found to have been convicted of any felony crime enumerated in
43 section 33-1208, Idaho Code, the certificate shall be revoked or suspended as
44 provided in this chapter.
STATEMENT OF PURPOSE
This legislation removes outdated references to the Idaho Student
Information Management system (SIMS). 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/Luci Willits, State Board of Education
STATEMENT OF PURPOSE/FISCAL NOTE H 752