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S1439................................................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 a probationary period for any
employee with at least one hundred eighty days of employment whose job
performance is found to be unsatisfactory; 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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1439
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 A PROBATIONARY PERIOD FOR AN EMPLOYEE WITH AT LEAST
5 ONE HUNDRED EIGHTY DAYS OF EMPLOYMENT WHOSE JOB PERFORMANCE IS FOUND TO BE
6 UNSATISFACTORY AND TO PROVIDE THAT NO PROPERTY RIGHTS SHALL ATTACH TO THE
7 EMPLOYMENT OF A NONCERTIFICATED EMPLOYEE OF THE SCHOOL DISTRICT, AND TO
8 MAKE TECHNICAL CORRECTIONS.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 33-517, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 33-517. NONCERTIFICATED PERSONNEL. The board of trustees of each school
13 district including any specially chartered district, shall have the following
14 powers and duties:
15 (1) To provide that hiring and evaluation procedures for noncertificated
16 personnel shall be in writing and shall be available for any noncertificated
17 employee's review at anytime any time. A noncertificated employee of a school
18 district shall be required to review and sign any entries made to his person-
19 nel file. At reasonable times and places, in the presence of an appropriate
20 district official, a noncertificated employee may inspect documents contained
21 in his official personnel file.
22 (a) Job descriptions for all noncertificated employees shall be written
23 and shall be made available to employees of the district or other people
24 seeking employment.
25 (b) Following employment in a school district for no less than one hun-
26 dred eighty (180) days, a noncertificated employee whose job performance
27 is found to be unsatisfactory shall be provided a probationary period of
28 at least eight (8) weeks. Written notice of such probation shall be given
29 to the employee prior to commencement of the probationary period, includ-
30 ing a description of the areas of performance that are deemed inadequate.
31 The employee's supervisor shall review the probationary provisions and
32 assist the employee in developing a written plan of action for improve-
33 ment, including identifying standards for success. No probationary period
34 shall be required in instances of an employee's misconduct or criminal
35 behavior.
36 (2) To provide a grievance procedure for noncertificated employees of the
37 district which meets the minimum standards of paragraphs (a) through (i) of
38 this subsection. In the event a grievance procedure is not provided, the fol-
39 lowing grievance procedure shall apply.
40 (a) A grievance shall be defined as a written allegation of unfair treat-
41 ment or a violation of school district policy. A noncertificated employee
42 of the district may file a grievance about any matter related to his
43 employment, provided that neither the rate of salary or wage of the
2
1 employee nor the decision to terminate an employee for cause during the
2 initial one hundred eighty (180) days of employment shall be a proper sub-
3 ject for consideration under the grievance procedure provided in this sec-
4 tion.
5 (b) If a noncertificated employee files a grievance, the employee shall
6 submit the grievance in writing to his or her immediate supervisor within
7 six (6) working days of the incident giving rise to the grievance. The
8 grievance shall state the nature of the grievance and the remedy sought.
9 Within six (6) working days of receipt of the grievance, the immediate
10 supervisor shall provide a written response to the employee.
11 (c) If the noncertificated employee is not satisfied with the response of
12 the immediate supervisor or if there is no response within the time lines,
13 the employee may appeal the grievance to the superintendent of the dis-
14 trict or the superintendent's designee within five (5) working days of the
15 receipt of the response as set out in subsection (2)(b) of this section or
16 within five (5) working days from the date the supervisor last had to
17 respond if the noncertificated employee received no written response.
18 Within six (6) working days of an appeal, the superintendent or his desig-
19 nee shall communicate with the noncertificated employee in an effort to
20 resolve the appeal. Within five (5) working days of the communication, the
21 superintendent or his designee shall provide a written response to the
22 noncertificated employee.
23 (d) If the noncertificated employee is not satisfied with the response of
24 the superintendent or his designee, or if there is no response by the
25 superintendent or his designee within the time frame provided in subsec-
26 tion (2)(c) of this section, the noncertificated employee may request a
27 review of the grievance by a hearing panel within five (5) working days
28 from receipt of the response provided in subsection (2)(c) of this section
29 if the employee received a written response, or five (5) working days from
30 the date the superintendent last had to respond if the noncertificated
31 employee received no written response. Within ten (10) working days of
32 receipt of an appeal, the board of trustees shall convene a panel consist-
33 ing of three (3) persons;: one (1) designated by the board of trustees,
34 one (1) designated by the employee, and one (1) agreed upon by the two (2)
35 appointed members for the purpose of reviewing the appeal. Within five (5)
36 working days following completion of the review, the panel shall submit
37 its decision in writing to the noncertificated employee, the superintend-
38 ent, and the board of trustees.
39 (e) The panel's decision shall be the final and conclusive resolution of
40 the grievance unless the board of trustees overturns the panel's decision
41 by resolution at the board of trustees' next regularly scheduled public
42 meeting or unless within forty-two (42) calendar days of the filing of the
43 board's decision, either party appeals to the district court in the county
44 where the school district is located. Upon appeal of a decision of the
45 board of trustees, the district court may affirm or set aside and remand
46 the matter to the board of trustees upon the following grounds, and shall
47 not set the same aside on any other grounds:
48 (i) That the findings of fact are not based on any substantial,
49 competent evidence;
50 (ii) That the board of trustees has acted without jurisdiction or in
51 excess of its powers;
52 (iii) That the findings by the board of trustees as a matter of law
53 do not support the decision.
54 (f) A noncertificated employee filing a grievance pursuant to this sec-
55 tion shall be entitled to a representative of the employee's choice at
3
1 each step of the grievance procedure provided in this section. The super-
2 visor, superintendent, or the superintendent's designee shall be entitled
3 to a representative at each step of the grievance procedure.
4 (g) The time lines of the grievance procedure established in this section
5 may be waived or modified by mutual agreement.
6 (h) Utilization of the grievance procedure established pursuant to this
7 section shall not constitute a waiver of any right of appeal available
8 pursuant to law or regulation.
9 (i) Neither the board nor any member of the administration shall take
10 reprisals affecting the employment status of any party in interest.
11 (j) A noncertificated employee of a school district shall be required to
12 review and sign any entries made to his personnel file. At reasonable
13 times and places, in the presence of an appropriate district official, a
14 noncertificated employee may inspect documents contained in his official
15 personnel file.
16 (3) To provide that no property rights shall attach to the employment of
17 a noncertificated employee of the school district by reason of the require-
18 ments set forth in this section.
STATEMENT OF PURPOSE
RS 16162
This legislation provides a probationary period for non-
certified employees of Idaho public school districts after they
have been employed for 180 days. Additionally, an assurance is
included that no property rights shall attach to the employment
of classified employees by reason of this provision. Realignment
of a portion of the current code is also included to provide
greater clarity.
FISCAL IMPACT
There is no fiscal impact on the state's general fund.
**** REVISED **** ****REVISED***** ****REVISED****
Contact
Name: Jim Shackelford
Phone: 322-1330
STATEMENT OF PURPOSE/FISCAL NOTE S 1439