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S1140..........................................................by EDUCATION
EDUCATION - Amends existing law to define "public school."
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1140
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO EDUCATION; AMENDING SECTION 33-1001, IDAHO CODE, TO DEFINE A TERM;
3 AMENDING SECTION 33-515, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE;
4 AND AMENDING SECTION 33-1004G, IDAHO CODE, TO PROVIDE A CORRECT CODE REF-
5 ERENCE.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 33-1001, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 33-1001. DEFINITIONS. The following words and phrases used in this chap-
10 ter are defined as follows:
11 (1) "Administrative schools" means and applies to all elementary schools
12 and kindergartens within a district that are situated ten (10) miles or less
13 from both the other elementary schools and the principal administrative office
14 of the district and all secondary schools within a district that are situated
15 fifteen (15) miles or less from other secondary schools of the district.
16 (2) "Average daily attendance" or "pupils in average daily attendance"
17 means the aggregate number of days enrolled students are present, divided by
18 the number of days of school in the reporting period; provided, however, that
19 students for whom no Idaho school district is a home district shall not be
20 considered in such computation.
21 (3) "Elementary grades" or "elementary average daily attendance" means
22 and applies to students enrolled in grades one (1) through six (6) inclusive,
23 or any combination thereof.
24 (4) "Elementary schools" are schools that serve grades one (1) through
25 six (6) inclusive, or any combination thereof.
26 (5) "Elementary/secondary schools" are schools that serve grades one (1)
27 through twelve (12) inclusive, or any combination thereof.
28 (6) "Homebound student" means any student who would normally and regu-
29 larly attend school, but is confined to home or hospital because of an illness
30 or accident for a period of ten (10) or more consecutive days.
31 (7) "Kindergarten" or "kindergarten average daily attendance" means and
32 applies to all students enrolled in a school year, less than school year, or
33 summer kindergarten program.
34 (8) "Public school" means all kindergarten, elementary grade and second-
35 ary grade programs, organizations or institutions of learning, including pub-
36 lic charter schools and public virtual schools as provided in chapter 53,
37 title 33, Idaho Code, established by law and receiving the majority of funding
38 from public sources.
39 (9) "Public school district" or "school district" or "district" means any
40 public school district organized under the laws of this state, including spe-
41 cially chartered school districts.
42 (910) "Secondary grades" or "secondary average daily attendance" means and
43 applies to students enrolled in grades seven (7) through twelve (12) inclu-
2
1 sive, or any combination thereof.
2 (101) "Secondary schools" are schools that serve grades seven (7) through
3 twelve (12) inclusive, or any combination thereof.
4 (112) "Separate elementary school" means an elementary school which mea-
5 sured from itself, traveling on an all-weather road, is situated more than ten
6 (10) miles distance from both the nearest elementary school and
7 elementary/secondary school serving like grades within the same school dis-
8 trict and from the location of the office of the superintendent of schools of
9 such district, or from the office of the chief administrative officer of such
10 district if the district employs no superintendent of schools.
11 (123) "Separate kindergarten" means a kindergarten which measured from
12 itself, traveling on an all-weather road, is situated more than ten (10) miles
13 distance from both the nearest kindergarten school within the same school dis-
14 trict and from the location of the office of the superintendent of schools of
15 such district, or from the office of the chief administrative officer of such
16 district if the district employs no superintendent of schools.
17 (134) "Separate secondary school" means any secondary school which is
18 located more than fifteen (15) miles by an all-weather road from any other
19 secondary school and elementary/secondary school serving like grades operated
20 by the district.
21 (145) "Support program" means the educational support program as described
22 in section 33-1002, Idaho Code, the transportation support program described
23 in section 33-1006, Idaho Code, and the exceptional education support program
24 as provided in section 33-1007, Idaho Code.
25 (156) "Support unit" means a function of average daily attendance used in
26 the calculations to determine financial support provided the public school
27 districts.
28 (167) "Teacher" means any person employed in a teaching, instructional,
29 supervisory, educational administrative or educational and scientific capacity
30 in any school district. In case of doubt the state board of education shall
31 determine whether any person employed requires certification as a teacher.
32 SECTION 2. That Section 33-515, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 33-515. ISSUANCE OF RENEWABLE CONTRACTS. During the third full year of
35 continuous employment by the same school district, including any specially
36 chartered district, each certificated employee named in subsection (167) of
37 section 33-1001, Idaho Code, and each school nurse and school librarian shall
38 be evaluated for a renewable contract and shall, upon having been offered a
39 contract for the next ensuing year, having given notice of acceptance of
40 renewal and upon signing a contract for a fourth full year, be placed on a
41 renewable contract status with said school district subject to the provisions
42 included in this chapter.
43 After the third full year of employment and at least once annually, the
44 performance of each such certificated employee, school nurse, or school
45 librarian shall be evaluated according to criteria and procedures established
46 by the board of trustees in accordance with general guidelines approved by
47 the state board of education. Except as otherwise provided, that person shall
48 have the right to automatic renewal of contract by giving notice, in writing,
49 of acceptance of renewal. Such notice shall be given to the board of trustees
50 of the school district then employing such person not later than the first day
51 of June preceding the expiration of the term of the current contract. Except
52 as otherwise provided by this paragraph, the board of trustees shall notify
53 each person entitled to be employed on a renewable contract of the requirement
3
1 that such person must give the notice hereinabove and that failure to do so
2 may be interpreted by the board as a declination of the right to automatic
3 renewal or the offer of another contract. Such notification shall be made, in
4 writing, not later than the fifteenth day of May, in each year, except to
5 those persons to whom the board, prior to said date, has sent proposed con-
6 tracts for the next ensuing year, or to whom the board has given the notice
7 required by this section.
8 Any contract automatically renewed under the provisions of this section
9 shall be for the same length as the term stated in the current contract and at
10 a salary no lower than that specified therein, to which shall be added such
11 increments as may be determined by the statutory or regulatory rights of such
12 employee by reason of training, service, or performance.
13 Nothing herein shall prevent the board of trustees from offering a renewed
14 contract increasing the salary of any certificated person, or from reassigning
15 an administrative employee to a nonadministrative position with appropriate
16 reduction of salary from the preexisting salary level. In the event the board
17 of trustees reassigns an administrative employee to a nonadministrative posi-
18 tion, the board shall give written notice to the employee which contains a
19 statement of the reasons for the reassignment. The employee, upon written
20 request to the board, shall be entitled to an informal review of that deci-
21 sion. The process and procedure for the informal review shall be determined by
22 the local board of trustees.
23 Before a board of trustees can determine not to renew for reasons of an
24 unsatisfactory report of the performance of any certificated person whose con-
25 tract would otherwise be automatically renewed, or to renew the contract of
26 any such person at a reduced salary, such person shall be entitled to a rea-
27 sonable period of probation. This period of probation shall be preceded by a
28 written notice from the board of trustees with reasons for such probationary
29 period and with provisions for adequate supervision and evaluation of the
30 person's performance during the probationary period. Such period of probation
31 shall not affect the person's renewable contract status. Consideration of pro-
32 bationary status for certificated personnel is consideration of the status of
33 an employee within the meaning of section 67-2345, Idaho Code, and may be held
34 in executive session. If the consideration results in probationary status, the
35 individual on probation shall not be named in the minutes of the meeting. A
36 record of the decision shall be placed in the teacher's personnel file.
37 If the board of trustees takes action to immediately discharge or dis-
38 charge upon termination of the current contract a certificated person whose
39 contract would otherwise be automatically renewed, or to renew the contract of
40 any such person at a reduced salary, the action of the board shall be consis-
41 tent with the procedures specified in section 33-513(5), Idaho Code, and fur-
42 thermore, the board shall notify the employee in writing whether there is just
43 and reasonable cause not to renew the contract or to reduce the salary of the
44 affected employee, and if so, what reasons it relied upon in that determina-
45 tion.
46 If the board of trustees, for reasons other than unsatisfactory service,
47 for the ensuing contract year, determines to change the length of the term
48 stated in the current contract, reduce the salary or not renew the contract of
49 a certificated person whose contract would otherwise be automatically
50 renewed, nothing herein shall require a probationary period.
51 SECTION 3. That Section 33-1004G, Idaho Code, be, and the same is hereby
52 amended to read as follows:
53 33-1004G. EARLY RETIREMENT INCENTIVE -- ADMINISTRATIVE STAFF EXCLUDED.
4
1 (1) Except as provided in subsection (8) of this section, each certificated
2 employee of an Idaho public school district as defined in section
3 33-1001(167), Idaho Code, is eligible for an early retirement incentive, pro-
4 vided they meet the following criteria:
5 (a) The employee has completed a minimum of ten (10) years of continuous
6 full-time certified employment, which may include time spent on a sabbati-
7 cal leave, in Idaho public school districts at the time of application.
8 (b) The employee is not eligible for unreduced service, early or disabil-
9 ity retirement from the public employee retirement system of Idaho at the
10 time of application.
11 (c) The employee is fifty-five (55) years old before September 1 of the
12 year the application is made; provided that persons turning fifty-six (56)
13 years old or greater between August 15 and 31, 2000, will be eligible to
14 receive the retirement incentive option percentage provided in this sec-
15 tion that reflects their age on August 15, 2000.
16 (d) The employee submits his/her application to the state superintendent
17 of public instruction on or before April 1 of the year of application.
18 (e) The employee is contracted with an Idaho public school district for
19 the entire school year during the year of application and has not been
20 terminated or on a leave of absence for the current or upcoming school
21 year.
22 (2) (a) Full-time qualifying applicants shall receive as a one (1) time
23 incentive the following amount of the employee's qualifying salary allo-
24 cation as provided in section 33-1004E, Idaho Code:
25 at 55 years of age 55% of allocation
26 at 56 years of age 50% of allocation
27 at 57 years of age 45% of allocation
28 at 58 years of age 40% of allocation
29 at 59 years of age 30% of allocation
30 at 60 years of age 30% of allocation
31 at 61 years of age 20% of allocation
32 at 62 years of age 20% of allocation
33 at 63 years of age and over 0% of allocation
34 (b) Certified employees working less than full-time in the application
35 year will have the incentive payment prorated according to their full-time
36 equivalent (FTE) percentage.
37 (c) Incentive payments for certified employees not placed on the experi-
38 ence and education multiplier table as provided in section 33-1004A, Idaho
39 Code, will be calculated using the BA column of the table.
40 (3) Incentives and the employer's share of FICA benefits shall be paid by
41 the state department of education to the Idaho public school district with
42 which the applicant was last contracted on or before July 31 of the year of
43 application and acceptance.
44 (4) Incentives shall be considered additional compensation flowing from
45 the employment relationship and subject to federal and state tax laws. Incen-
46 tives shall not be considered salary for purposes of the public employee
47 retirement system.
48 (5) Any employee receiving an early retirement incentive as provided in
49 this section shall not be eligible for future employment with an Idaho school
50 district where such employment would again qualify him/her for participation
51 in the state retirement system.
52 (6) Any applicant choosing to withdraw their application must notify the
53 state superintendent of public instruction in writing no later than June 20 in
54 the year of application.
55 (7) A special application of the early retirement incentive shall super-
5
1 sede the limitations of this section to the extent necessary to comply with
2 this subsection. An otherwise qualified certificated employee who becomes med-
3 ically unable to work prior to July 1 of any year shall be eligible to apply
4 for the early retirement incentive for which the employee would have been eli-
5 gible retroactive to April 1.
6 (8) Administrative staff shall not be allowed to participate in the early
7 retirement incentive program as provided in this section and such staff are
8 hereby excluded from participation in the program.
STATEMENT OF PURPOSE
RS 16955
The purpose of this legislation is to define "public school" in
Idaho Code.
FISCAL NOTE
There is no fiscal impact.
Contact
Name: Sen. Gary Schroeder
Phone: 208-332-1324
STATEMENT OF PURPOSE/FISCAL NOTE S 1140