2006 Legislation
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HOUSE BILL NO. 752 – Student info management system


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Bill Status

H0752..........................................................by EDUCATION
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
         Effective: 07/01/06

Bill Text

  ]]]]              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
 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:
 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
 15    Code.
 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
 40    apply:
 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
 48        use.
 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
 36        instructions).
 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-
 20    days;
 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-
 35    meanor.
 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
 29    Code.
 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 (17.6) 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-
 46    tion.
 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-
 37        tem.
 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        (11.0) "Secondary schools" are schools that serve grades seven (7) through
 48    twelve (12) inclusive, or any combination thereof.
 49        (12.1) "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        (13.2) "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        (14.3) "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        (15.4) "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        (16.5) "Support unit" means a function of average daily attendance used in
 16    the calculations to determine financial support  provided  the  public  school
 17    districts.
 18        (17.6) "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:
 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(17.6), 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
 45        year.
 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:
 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 / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 16118

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.

                           FISCAL NOTE

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 
Phone: 332-1567/332-1591

STATEMENT OF PURPOSE/FISCAL NOTE                         H 752