Print Friendly SENATE BILL NO. 1438 – School dist, noncertified employee
SENATE BILL NO. 1438
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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
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,
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 - 2006
IN 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
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 at anytime any 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-
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
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 trustees overturns finds the panel's
35 decision by resolution at the board of trustees' next regularly scheduled
36 public meeting or unless unacceptable. Prior to a final decision by the
37 board, the employee may request an informal review before the board.
38 W within forty-two (42) calendar days of the filing of the board's final
39 decision, either party may appeal s to 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
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 to
8 review and sign any entries made to his personnel file. At reasonable
9 times and places, in the presence of an appropriate district official, a
10 noncertificated employee may inspect documents contained in his official
11 personnel 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
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
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
There is no fiscal impact on the state's general fund.
Name: Senator Goedde
STATEMENT OF PURPOSE/FISCAL NOTE S 1438