2006 Legislation
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SENATE BILL NO. 1440 – School dist, noncertified employee

SENATE BILL NO. 1440

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S1440................................................by JUDICIARY AND RULES
SCHOOL DISTRICTS - NONCERTIFICATED EMPLOYEES - Amends existing law relating
to noncertificated personnel employed by a school district to authorize and
direct local school boards of trustees to provide for written notice by May
15 of each year of employment status for the following school year; 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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1440
                                                                        
                              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 WRITTEN NOTICE BY MAY 15 OF EACH YEAR  OF  EMPLOY-
  5        MENT  STATUS FOR THE FOLLOWING SCHOOL YEAR AND TO PROVIDE THAT NO PROPERTY
  6        RIGHTS SHALL ATTACH TO THE EMPLOYMENT OF A NONCERTIFICATED EMPLOYEE OF THE
  7        SCHOOL DISTRICT, AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Section 33-517, Idaho Code, be, and the  same  is  hereby
 10    amended to read as follows:
                                                                        
 11        33-517.  NONCERTIFICATED  PERSONNEL.  The board of trustees of each school
 12    district including any specially chartered district, shall have the  following
 13    powers and duties:
 14        (1)  To  provide that hiring and evaluation procedures for noncertificated
 15    personnel shall be in writing and shall be available for  any  noncertificated
 16    employee's  review at anytime any time. A noncertificated employee of a school
 17    district shall be required to review and sign any entries made to his  person-
 18    nel  file.  At  reasonable times and places, in the presence of an appropriate
 19    district official, a noncertificated employee may inspect documents  contained
 20    in  his  official  personnel  file.  Job  descriptions for all noncertificated
 21    employees shall be written and shall be made available  to  employees  of  the
 22    district or other people seeking employment.
 23        (2)  To provide a grievance procedure for noncertificated employees of the
 24    district  which  meets  the minimum standards of paragraphs (a) through (i) of
 25    this subsection. In the event a grievance procedure is not provided, the  fol-
 26    lowing grievance procedure shall apply.
 27        (a)  A grievance shall be defined as a written allegation of unfair treat-
 28        ment  or a violation of school district policy. A noncertificated employee
 29        of the district may file a grievance  about  any  matter  related  to  his
 30        employment,  provided  that  neither  the  rate  of  salary or wage of the
 31        employee nor the decision to terminate an employee for  cause  during  the
 32        initial one hundred eighty (180) days of employment shall be a proper sub-
 33        ject for consideration under the grievance procedure provided in this sec-
 34        tion.
 35        (b)  If  a  noncertificated employee files a grievance, the employee shall
 36        submit the grievance in writing to his or her immediate supervisor  within
 37        six  (6)  working  days  of the incident giving rise to the grievance. The
 38        grievance shall state the nature of the grievance and the  remedy  sought.
 39        Within  six  (6)  working  days of receipt of the grievance, the immediate
 40        supervisor shall provide a written response to the employee.
 41        (c)  If the noncertificated employee is not satisfied with the response of
 42        the immediate supervisor or if there is no response within the time lines,
 43        the employee may appeal the grievance to the superintendent  of  the  dis-
                                                                        
                                           2
                                                                        
  1        trict or the superintendent's designee within five (5) working days of the
  2        receipt of the response as set out in subsection (2)(b) of this section or
  3        within  five  (5)  working  days  from the date the supervisor last had to
  4        respond if the noncertificated  employee  received  no  written  response.
  5        Within six (6) working days of an appeal, the superintendent or his desig-
  6        nee  shall  communicate  with the noncertificated employee in an effort to
  7        resolve the appeal. Within five (5) working days of the communication, the
  8        superintendent or his designee shall provide a  written  response  to  the
  9        noncertificated employee.
 10        (d)  If the noncertificated employee is not satisfied with the response of
 11        the  superintendent  or  his  designee,  or if there is no response by the
 12        superintendent or his designee within the time frame provided  in  subsec-
 13        tion  (2)(c)  of  this section, the noncertificated employee may request a
 14        review of the grievance by a hearing panel within five  (5)  working  days
 15        from receipt of the response provided in subsection (2)(c) of this section
 16        if the employee received a written response, or five (5) working days from
 17        the  date  the  superintendent  last had to respond if the noncertificated
 18        employee received no written response. Within ten  (10)  working  days  of
 19        receipt of an appeal, the board of trustees shall convene a panel consist-
 20        ing  of  three  (3) persons;: one (1) designated by the board of trustees,
 21        one (1) designated by the employee, and one (1) agreed upon by the two (2)
 22        appointed members for the purpose of reviewing the appeal. Within five (5)
 23        working days following completion of the review, the  panel  shall  submit
 24        its  decision in writing to the noncertificated employee, the superintend-
 25        ent, and the board of trustees.
 26        (e)  The panel's decision shall be the final and conclusive resolution  of
 27        the  grievance unless the board of trustees overturns the panel's decision
 28        by resolution at the board of trustees' next  regularly  scheduled  public
 29        meeting or unless within forty-two (42) calendar days of the filing of the
 30        board's decision, either party appeals to the district court in the county
 31        where  the  school  district  is located. Upon appeal of a decision of the
 32        board of trustees, the district court may affirm or set aside  and  remand
 33        the  matter to the board of trustees upon the following grounds, and shall
 34        not set the same aside on any other grounds:
 35             (i)   That the findings of fact are not  based  on  any  substantial,
 36             competent evidence;
 37             (ii)  That the board of trustees has acted without jurisdiction or in
 38             excess of its powers;
 39             (iii) That  the  findings by the board of trustees as a matter of law
 40             do not support the decision.
 41        (f)  A noncertificated employee filing a grievance pursuant to  this  sec-
 42        tion  shall  be  entitled  to a representative of the employee's choice at
 43        each step of the grievance procedure provided in this section. The  super-
 44        visor,  superintendent, or the superintendent's designee shall be entitled
 45        to a representative at each step of the grievance procedure.
 46        (g)  The time lines of the grievance procedure established in this section
 47        may be waived or modified by mutual agreement.
 48        (h)  Utilization of the grievance procedure established pursuant  to  this
 49        section  shall  not  constitute  a waiver of any right of appeal available
 50        pursuant to law or regulation.
 51        (i)  Neither the board nor any member of  the  administration  shall  take
 52        reprisals affecting the employment status of any party in interest.
 53        (j)  A  noncertificated employee of a school district shall be required to
 54        review and sign any entries made to  his  personnel  file.  At  reasonable
 55        times  and  places, in the presence of an appropriate district official, a
                                                                        
                                           3
                                                                        
  1        noncertificated employee may inspect documents contained in  his  official
  2        personnel file.
  3        (3)  To  provide  each noncertificated employee of the school district, by
  4    no later than May 15 of each year, written notice regarding employment  status
  5    for  the  following  school year. If the board intends to reemploy the person,
  6    such notice shall offer reasonable assurance of continued employment.  If  the
  7    board  has  decided  not  to  reemploy the person, such notice shall contain a
  8    statement of reasons for the decision not to reemploy.
  9        (4)  To provide that no property rights shall attach to the employment  of
 10    a  noncertificated  employee  of the school district by reason of the require-
 11    ments set forth in this section.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 16163

     This legislation provides an assurance that non-certified
employees of Idaho public school districts will, no later than
May 15 of each year, be provided written notice regarding their
employment status for the following school year.  If the local
school board intends to re-employ the individual, this
legislation provides that such notice shall offer reasonable
assurance of continued employment.  Further, this legislation
provides that if an employee is not to be re-employed, he or she
will receive a statement of the reasons for such a decision. 
Finally, an assurance is included that no property rights shall
attach to the employment of classified employees by reason of
these requirements.  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: 332-1330

STATEMENT OF PURPOSE/FISCAL NOTE                            S 1440