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S1438................................................by JUDICIARY AND RULES SCHOOL DISTRICT EMPLOYEES - NONCERTIFICATED - Amends existing law relating to noncertificated personnel employed by a school district to authorize and direct local boards of trustees to provide for an evaluation of each noncertificated employee before March 1 of each school year; to revise the grievance procedure to include an informal review before the board upon request of an employee; to establish a process for meeting and conferring on terms and conditions of employment upon request of a majority of noncertificated employees; and to provide that no property rights shall attach to the employment of a noncertificated employee of the school district. 03/09 Senate intro - 1st rdg - to printing 03/10 Rpt prt - to Educ 03/23 Rpt out - rec d/p - to 2nd rdg 03/24 2nd rdg - to 3rd rdg 03/27 3rd rdg - PASSED - 20-15-0 AYES -- Andreason, Broadsword, Bunderson, Burkett(Clark), Coiner, Compton, Corder, Gannon, Goedde, Jorgenson, Kelly, Keough, Langhorst, Little, Malepeai, Marley, Schroeder, Stegner, Stennett, Werk NAYS -- Brandt, Burtenshaw, Cameron, Darrington, Davis, Fulcher, Geddes, Hill, Lodge, McGee, McKenzie, Pearce, Richardson, Sweet, Williams Absent and excused -- None Floor Sponsor - Goedde Title apvd - to House 03/28 House intro - 1st rdg - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1438 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO NONCERTIFICATED PERSONNEL EMPLOYED BY A SCHOOL DISTRICT; AMENDING 3 SECTION 33-517, IDAHO CODE, TO AUTHORIZE AND DIRECT LOCAL BOARDS OF 4 TRUSTEES TO PROVIDE FOR AN EVALUATION OF EACH NONCERTIFICATED EMPLOYEE 5 BEFORE MARCH 1 OF EACH SCHOOL YEAR, TO REVISE THE GRIEVANCE PROCEDURE TO 6 INCLUDE AN INFORMAL REVIEW BEFORE THE BOARD UPON REQUEST OF AN EMPLOYEE, 7 TO ESTABLISH A PROCESS FOR MEETING AND CONFERRING ON TERMS AND CONDITIONS 8 OF EMPLOYMENT UPON REQUEST OF A MAJORITY OF NONCERTIFICATED EMPLOYEES AND 9 TO PROVIDE THAT NO PROPERTY RIGHTS SHALL ATTACH TO THE EMPLOYMENT OF A 10 NONCERTIFICATED EMPLOYEE OF THE SCHOOL DISTRICT, AND TO MAKE TECHNICAL 11 CORRECTIONS. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 33-517, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 33-517. NONCERTIFICATED PERSONNEL. The board of trustees of each school 16 district including any specially chartered district, shall have the following 17 powers and duties: 18 (1) To provide that hiring and evaluation procedures for noncertificated 19 personnel shall be in writing and shall be available for any noncertificated 20 employee's review atanytimeany time. A noncertificated employee of a school 21 district shall be required to review and sign any entries made to his person- 22 nel file. At reasonable times and places, in the presence of an appropriate 23 district official, a noncertificated employee may inspect documents contained 24 in his official personnel file. 25 (a) Job descriptions for all noncertificated employees shall be written 26 and shall be made available to employees of the district or other people 27 seeking employment. 28 (b) At least one (1) evaluation shall be completed on each noncertifica- 29 ted employee before March 1 of each school year. 30 (2) To provide a grievance procedure for noncertificated employees of the 31 district which meets the minimum standards of paragraphs (a) through (i) of 32 this subsection. In the event a grievance procedure is not provided, the fol- 33 lowing grievance procedure shall apply. 34 (a) A grievance shall be defined as a written allegation of unfair treat- 35 ment or a violation of school district policy. A noncertificated employee 36 of the district may file a grievance about any matter related to his 37 employment, provided that neither the rate of salary or wage of the 38 employee nor the decision to terminate an employee for cause during the 39 initial one hundred eighty (180) days of employment shall be a proper sub- 40 ject for consideration under the grievance procedure provided in this sec- 41 tion. 42 (b) If a noncertificated employee files a grievance, the employee shall 43 submit the grievance in writing to his or her immediate supervisor within 2 1 six (6) working days of the incident giving rise to the grievance. The 2 grievance shall state the nature of the grievance and the remedy sought. 3 Within six (6) working days of receipt of the grievance, the immediate 4 supervisor shall provide a written response to the employee. 5 (c) If the noncertificated employee is not satisfied with the response of 6 the immediate supervisor or if there is no response within the time lines, 7 the employee may appeal the grievance to the superintendent of the dis- 8 trict or the superintendent's designee within five (5) working days of the 9 receipt of the response as set out in subsection (2)(b) of this section 10 or within five (5) working days from the date the supervisor last had to 11 respond if the noncertificated employee received no written response. 12 Within six (6) working days of an appeal, the superintendent or his desig- 13 nee shall communicate with the noncertificated employee in an effort to 14 resolve the appeal. Within five (5) working days of the communication, the 15 superintendent or his designee shall provide a written response to the 16 noncertificated employee. 17 (d) If the noncertificated employee is not satisfied with the response of 18 the superintendent or his designee, or if there is no response by the 19 superintendent or his designee within the time frame provided in subsec- 20 tion (2)(c) of this section, the noncertificated employee may request a 21 review of the grievance by a hearing panel within five (5) working days 22 from receipt of the response provided in subsection (2)(c) of this section 23 if the employee received a written response, or five (5) working days from 24 the date the superintendent last had to respond if the noncertificated 25 employee received no written response. Within ten (10) working days of 26 receipt of an appeal, the board of trustees shall convene a panel consist- 27 ing of three (3) persons;: one (1) designated by the board of trustees, 28 one (1) designated by the employee, and one (1) agreed upon by the two (2) 29 appointed members for the purpose of reviewing the appeal. Within five (5) 30 working days following completion of the review, the panel shall submit 31 its decision in writing to the noncertificated employee, the superintend- 32 ent, and the board of trustees. 33 (e) The panel's decision shall be the final and conclusive resolution of 34 the grievance unless the board of trusteesoverturnsfinds the panel's 35 decisionby resolution at the board of trustees' next regularly scheduled36public meeting or unlessunacceptable. Prior to a final decision by the 37 board, the employee may request an informal review before the board. 38 Wwithin forty-two (42) calendar days of the filing of the board's final 39 decision, either party may appealsto the district court in the county 40 where the school district is located. Upon appeal of a decision of the 41 board of trustees, the district court may affirm or set aside and remand 42 the matter to the board of trustees upon the following grounds, and shall 43 not set the same aside on any other grounds: 44 (i) That the findings of fact are not based on any substantial, 45 competent evidence; 46 (ii) That the board of trustees has acted without jurisdiction or in 47 excess of its powers; 48 (iii) That the findings by the board of trustees as a matter of law 49 do not support the decision. 50 (f) A noncertificated employee filing a grievance pursuant to this sec- 51 tion shall be entitled to a representative of the employee's choice at 52 each step of the grievance procedure provided in this section. The super- 53 visor, superintendent, or the superintendent's designee shall be entitled 54 to a representative at each step of the grievance procedure. 55 (g) The time lines of the grievance procedure established in this section 3 1 may be waived or modified by mutual agreement. 2 (h) Utilization of the grievance procedure established pursuant to this 3 section shall not constitute a waiver of any right of appeal available 4 pursuant to law or regulation. 5 (i) Neither the board nor any member of the administration shall take 6 reprisals affecting the employment status of any party in interest. 7(j) A noncertificated employee of a school district shall be required to8review and sign any entries made to his personnel file. At reasonable9times and places, in the presence of an appropriate district official, a10noncertificated employee may inspect documents contained in his official11personnel file.12 (3) To establish a process for meeting and conferring on terms and condi- 13 tions of employment, upon request of a majority of the noncertificated employ- 14 ees of the district. 15 (4) To provide that no property rights shall attach to the employment of 16 a noncertificated employee of the school district by reason of the require- 17 ments set forth in this section.
STATEMENT OF PURPOSE RS 16161 This legislation adds the following fair employment assurances and clarifications to Idaho Code 33-517 regarding non- certified employees of Idaho public school districts: At least one evaluation will be completed annually before March 1; An opportunity for an informal review will be provided before the local school board prior to the board's finding against an employee's grievance; Establishment of a meet-and-confer process upon the request of a majority of classified employees; Provision that no property rights are afforded by reason of these statutory changes; and Realignment of current statutory language to provide greater clarity. FISCAL IMPACT There is no fiscal impact on the state's general fund. Contact Name: Senator Goedde Phone: 322-1330 STATEMENT OF PURPOSE/FISCAL NOTE S 1438