2006 Legislation
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SENATE BILL NO. 1438 – School dist, noncertified employee

SENATE BILL NO. 1438

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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
 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 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-
 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 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        Wwithin forty-two (42) calendar days of the filing of  the  board's  final
 39        decision,  either  party  may  appeals 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
                                                                        
                                           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  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 / Fiscal Impact



                       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