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S1290..........................................................by EDUCATION TEACHERS - Adds to and amends existing law relating to alternative pay for certificated public school employees to provide an alternative pay plan; to provide an alternative pay funding formula; to provide a state framework for locally developed knowledge and skills-based compensation pay plans; and to provide a state framework for locally developed group-based performance awards. 01/17 Senate intro - 1st rdg - to printing 01/18 Rpt prt - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1290 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO ALTERNATIVE PAY FOR CERTIFICATED PUBLIC SCHOOL EMPLOYEES; AMENDING 3 SECTION 33-521, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING 4 SECTION 33-1002, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE AND TO 5 MAKE TECHNICAL CORRECTIONS; AMENDING CHAPTER 10, TITLE 33, IDAHO CODE, BY 6 THE ADDITION OF A NEW SECTION 33-1004B, IDAHO CODE, TO PROVIDE AN ALTERNA- 7 TIVE PAY PLAN; AMENDING CHAPTER 10, TITLE 33, IDAHO CODE, BY THE ADDITION 8 OF A NEW SECTION 33-1004G, IDAHO CODE, TO PROVIDE AN ALTERNATIVE PAY FUND- 9 ING FORMULA; AMENDING CHAPTER 10, TITLE 33, IDAHO CODE, BY THE ADDITION OF 10 A NEW SECTION 33-1004H, IDAHO CODE, TO PROVIDE A STATE FRAMEWORK FOR 11 LOCALLY DEVELOPED KNOWLEDGE AND SKILLS-BASED COMPENSATION PAY PLANS; 12 AMENDING CHAPTER 10, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SEC- 13 TION 33-1004I, IDAHO CODE, TO PROVIDE A STATE FRAMEWORK FOR LOCALLY DEVEL- 14 OPED GROUP-BASED PERFORMANCE AWARDS; AMENDING SECTION 33-1004G, IDAHO 15 CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 33-1004H, IDAHO CODE, 16 TO REDESIGNATE THE SECTION AND TO PROVIDE A CORRECT CODE REFERENCE; AND 17 AMENDING SECTION 59-1356, IDAHO CODE, TO PROVIDE CORRECT CODE REFERENCES 18 AND TO MAKE TECHNICAL CORRECTIONS. 19 Be It Enacted by the Legislature of the State of Idaho: 20 SECTION 1. That Section 33-521, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 33-521. EMPLOYEE SEVERANCE IN CONSOLIDATED DISTRICT. The board of 23 trustees of any school district newly formed within the last twelve (12) 24 months through the consolidation of two (2) or more school districts may offer 25 a one (1) time severance payment to a maximum of ten percent (10%) of the 26 employees that were previously employed by the separate school districts. Such 27 severance offers shall be made entirely at the discretion of the board of 28 trustees, and shall not be bound by custom, seniority or contractual commit- 29 ment. Employees are under no obligation to accept a severance offer. Any 30 employee accepting a severance payment shall not be eligible for reemployment 31 by the school district for a one (1) year period thereafter. 32 The severance payment shall consist of fifty-five percent (55%) of the 33 salary-based apportionment funds allocated for the employee in the last year, 34 plus any applicable state paid employee benefits. Such severance shall be 35 reduced by one-half (1/2) for any employee who is simultaneously receiving a 36 disbursement of early retirement incentive funds, pursuant to section 37 33-1004GJ, Idaho Code. The state department of education shall reimburse eli- 38 gible school districts for one hundred percent (100%) of such costs, upon 39 application by the school district. 40 SECTION 2. That Section 33-1002, Idaho Code, be, and the same is hereby 41 amended to read as follows: 2 1 33-1002. EDUCATIONAL SUPPORT PROGRAM. The educational support program is 2 calculated as follows: 3 (1) State Educational Support Funds. Add the state appropriation, includ- 4 ing the moneys available in the public school income fund, together with all 5 miscellaneous revenues to determine the total state funds. 6 (2) From the total state funds subtract the following amounts needed for 7 state support of special programs provided by a school district: 8 (a) Pupil tuition-equivalency allowances as provided in section 33-1002B, 9 Idaho Code; 10 (b) Transportation support program as provided in section 33-1006, Idaho 11 Code; 12 (c) Feasibility studies allowance as provided in section 33-1007A, Idaho 13 Code; 14 (d) The approved costs for border district allowance, provided in section 15 33-1403, Idaho Code, as determined by the state superintendent of public 16 instruction; 17 (e) The approved costs for exceptional child approved contract allowance, 18 provided in subsection 2. of section 33-2004, Idaho Code, as determined by 19 the state superintendent of public instruction; 20 (f) Certain expectant and delivered mothers allowance as provided in sec- 21 tion 33-2006, Idaho Code; 22 (g) Salary-based apportionment calculated as provided in sections 33-1004 23 through 33-1004FI, Idaho Code; 24 (h) Unemployment insurance benefit payments according to the provisions 25 of section 72-1349A, Idaho Code; 26 (i) For expenditure as provided by the public school technology program; 27 (j) For employee severance payments as provided in section 33-521, Idaho 28 Code; 29 (k) For distributions to the Idaho digital learning academy as provided 30 in section 33-1020, Idaho Code; 31 (kl) For the support of provisions that provide a safe environment condu- 32 cive to student learning and maintain classroom discipline, an allocation 33 of $300 per support unit; and 34 (lm) Any additional amounts as required by statute to effect administra- 35 tive adjustments or as specifically required by the provisions of any bill 36 of appropriation; 37 to secure the total educational support distribution funds. 38 (3) Average Daily Attendance. The total state average daily attendance 39 shall be the sum of the average daily attendance of all of the school dis- 40 tricts of the state. The state board of education shall establish rules set- 41 ting forth the procedure to determine average daily attendance and the time 42 for, and method of, submission of such report. Average daily attendance calcu- 43 lation shall be carried out to the nearest hundredth. Computation of average 44 daily attendance shall also be governed by the provisions of section 33-1003A, 45 Idaho Code. 46 (4) Support Units. The total state support units shall be determined by 47 using the tables set out hereafter called computation of kindergarten support 48 units, computation of elementary support units, computation of secondary sup- 49 port units, computation of exceptional education support units, and computa- 50 tion of alternative school secondary support units. The sum of all of the 51 total support units of all school districts of the state shall be the total 52 state support units. 3 1 COMPUTATION OF KINDERGARTEN SUPPORT UNITS 2 Average Daily 3 Attendance Attendance Divisor Units Allowed 4 41 or more .... 40....................... 1 or more as computed 5 31 - 40.99 ADA.... -....................... 1 6 26 - 30.99 ADA.... -....................... .85 7 21 - 25.99 ADA.... -....................... .75 8 16 - 20.99 ADA.... -....................... .6 9 8 - 15.99 ADA.... -....................... .5 10 1 - 7.99 ADA.... -....................... count as elementary 11 COMPUTATION OF ELEMENTARY SUPPORT UNITS 12 Average Daily 13 Attendance Attendance Divisor Minimum Units Allowed 14 300 or more ADA........................................ 15 15 ..23...grades 4,5 & 6.... 16 ..22...grades 1,2 & 3....1994-95 17 ..21...grades 1,2 & 3....1995-96 18 ..20...grades 1,2 & 3....1996-97 19 and each year thereafter. 20 160 to 299.99 ADA... 20..................... 8.4 21 110 to 159.99 ADA... 19..................... 6.8 22 71.1 to 109.99 ADA... 16..................... 4.7 23 51.7 to 71.0 ADA... 15..................... 4.0 24 33.6 to 51.6 ADA... 13..................... 2.8 25 16.6 to 33.5 ADA... 12..................... 1.4 26 1.0 to 16.5 ADA... n/a.................... 1.0 27 COMPUTATION OF SECONDARY SUPPORT UNITS 28 Average Daily 29 Attendance Attendance Divisor Minimum Units Allowed 30 750 or more .... 18.5..................... 47 31 400 - 749.99 ADA.... 16....................... 28 32 300 - 399.99 ADA.... 14.5..................... 22 33 200 - 299.99 ADA.... 13.5..................... 17 34 100 - 199.99 ADA.... 12....................... 9 35 99.99 or fewer Units allowed as follows: 36 Grades 7-12 ......................... 8 37 Grades 9-12 ......................... 6 38 Grades 7- 9 ......................... 1 per 14 ADA 39 Grades 7- 8 ......................... 1 per 16 ADA 40 COMPUTATION OF EXCEPTIONAL EDUCATION SUPPORT UNITS 41 Average Daily 42 Attendance Attendance Divisor Minimum Units Allowed 43 14 or more .... 14.5..................... 1 or more as computed 44 12 - 13.99.... -....................... 1 45 8 - 11.99.... -....................... .75 46 4 - 7.99.... -....................... .5 47 1 - 3.99.... -....................... .25 48 COMPUTATION OF ALTERNATIVE SCHOOL SECONDARY SUPPORT UNITS 49 Pupils in Attendance Attendance Divisor Minimum Units Allowed 50 12 or more.......... 12...................... 1 or more as computed 4 1 In applying these tables to any given separate attendance unit, no school 2 district shall receive less total money than it would receive if it had a 3 lesser average daily attendance in such separate attendance unit. In applying 4 the kindergarten table to a kindergarten program of less days than a full 5 school year, the support unit allowance shall be in ratio to the number of 6 days of a full school year. The tables for exceptional education and alterna- 7 tive school secondary support units shall be applicable only for programs 8 approved by the state department of education following rules established by 9 the state board of education. Moneys generated from computation of support 10 units for alternative schools shall be utilized for alternative school pro- 11 grams. School district administrative and facility costs may be included as 12 part of the alternative school expenditures. 13 (5) State Distribution Factor per Support Unit. Divide educational sup- 14 port program distribution funds, after subtracting the amounts necessary to 15 pay the obligations specified in subsection (2) of this section, by the total 16 state support units to secure the state distribution factor per support unit. 17 (6) District Support Units. The number of support units for each school 18 district in the state shall be determined as follows: 19 (a) (i) Divide the actual average daily attendance, excluding students 20 approved for inclusion in the exceptional child educational program, 21 for the administrative schools and each of the separate schools and 22 attendance units by the appropriate divisor from the tables of sup- 23 port units in this section, then add the quotients to obtain the 24 district's support units allowance for regular students, kindergarten 25 through grade 12 including alternative school secondary students. 26 Calculations in application of this subsection shall be carried out 27 to the nearest tenth. 28 (ii) Divide the combined totals of the average daily attendance of 29 all preschool, handicapped, kindergarten, elementary, secondary and 30 juvenile detention center students approved for inclusion in the 31 exceptional child program of the district by the appropriate divisor 32 from the table for computation of exceptional education support units 33 to obtain the number of support units allowed for the district's 34 approved exceptional child program. Calculations for this subsection 35 shall be carried out to the nearest tenth when more than one (1) unit 36 is allowed. 37 (iii) The total number of support units of the district shall be the 38 sum of the total support units for regular students, subsection 39 (6)(a)(i) of this section, and the support units allowance for the 40 approved exceptional child program, subsection (6)(a)(ii) of this 41 section. 42 (b) Total District Allowance Educational Program. Multiply the district's 43 total number of support units, carried out to the nearest tenth, by the 44 state distribution factor per support unit and to this product add the 45 approved amount of programs of the district provided in subsection (2) of 46 this section to secure the district's total allowance for the educational 47 support program. 48 (c) District Share. The district's share of state apportionment is the 49 amount of the total district allowance, subsection (6)(b) of this section. 50 (d) Adjustment of District Share. The contract salary of every noncerti- 51 ficated teacher shall be subtracted from the district's share as calcu- 52 lated from the provisions of subsection (6)(c) of this section. 53 (7) Property Tax Computation Ratio. In order to receive state funds pur- 54 suant to this section a charter district shall utilize a school maintenance 55 and operation property tax computation ratio for the purpose of calculating 5 1 its maintenance and operation levy, that is no greater than that which it uti- 2 lized in tax year 1994, less four-tenths of one percent (.4%). As used herein, 3 the term "property tax computation ratio" shall mean a ratio determined by 4 dividing the district's certified property tax maintenance and operation bud- 5 get by the actual or adjusted market value for assessment purposes as such 6 values existed on December 31, l993. Such maintenance and operation levy shall 7 be based on the property tax computation ratio multiplied by the actual or 8 adjusted market value for assessment purposes as such values existed on Decem- 9 ber 31 of the prior calendar year. 10 SECTION 3. That Chapter 10, Title 33, Idaho Code, be, and the same is 11 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 12 ignated as Section 33-1004B, Idaho Code, and to read as follows: 13 33-1004B. ALTERNATIVE PAY PLAN. (1) The state shall make available to 14 each school district, including public charter schools, a framework, guide- 15 lines and funding to develop and implement an alternative pay plan for all 16 certificated employees serving in nonadministrative roles, except as provided 17 in section 33-1004H, Idaho Code, that recognizes and rewards student success, 18 demonstrated professional practice and collaboration. 19 (2) The state shall provide funding for three (3) tiers of compensation: 20 (a) Base salary, as provided in section 33-1004C, Idaho Code; 21 (b) Knowledge and skills-based pay, as provided in section 33-1004H, 22 Idaho Code; and 23 (c) Group-based performance awards, as provided in section 33-1004I, 24 Idaho Code. 25 (3) Locally developed plans shall be submitted for approval to the state 26 department of education in accordance with the framework established by the 27 legislature. The department is hereby authorized and shall: 28 (a) Develop and distribute the basic guidelines that districts shall use 29 as a model for developing district plans; 30 (b) Establish procedures for districts to submit plans for approval and 31 to allow districts to amend previously approved or denied plans; and 32 (c) Approve or deny proposed school district plans based on the state 33 framework and guidelines. Such guidelines shall include an appeal process. 34 SECTION 4. That Chapter 10, Title 33, Idaho Code, be, and the same is 35 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 36 ignated as Section 33-1004G, Idaho Code, and to read as follows: 37 33-1004G. ALTERNATIVE PAY FUNDING FORMULA. Annually, the legislature 38 shall provide an alternative pay apportionment for use by school districts to 39 fund state-approved plans as specified in sections 33-1004H and 33-1004I, 40 Idaho Code. Such apportionment shall be distributed as follows: 41 (a) Each district and charter school shall receive an equal amount of 42 base funding; and 43 (b) Each district shall receive an apportionment based on the prior 44 year's ADA. This apportionment shall be distributed to participating 45 school districts and used to compensate employees who take part in their 46 local alternative pay system as provided in sections 33-1004H and 47 33-1004I, Idaho Code. Nothing shall preclude a local school district from 48 using local funds to enhance said plans. 49 SECTION 5. That Chapter 10, Title 33, Idaho Code, be, and the same is 50 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 6 1 ignated as Section 33-1004H, Idaho Code, and to read as follows: 2 33-1004H. FRAMEWORK FOR LOCALLY DEVELOPED KNOWLEDGE AND SKILLS-BASED COM- 3 PENSATION PAY PLANS. (1) Locally developed knowledge and skills-based compen- 4 sation pay plans shall contain: 5 (a) The criteria and procedures for the supervision and evaluation of 6 certificated teachers as provided in chapter 5, title 33, Idaho Code; 7 (b) Mandatory assurance that at no time will the local school district 8 require any certificated employee serving in a nonadministrative position 9 to participate in this portion of the pay plan; and 10 (c) A provision for three (3) levels of knowledge and skills-based per- 11 formance through which teachers may advance during their careers. 12 (2) The three (3) levels of knowledge and skills-based performance shall 13 be as follows: 14 (a) Novice. Novice level is intended to be a time of development and 15 growth in the first few years of a teacher's career. At a minimum, locally 16 developed plans shall require the teacher to: 17 (i) Participate in a comprehensive mentoring program; 18 (ii) Create an annual individual professional development plan that 19 outlines how the teacher will improve competence in at least one (1) 20 area within each of the following domains of professional practice: 21 planning and preparation; the classroom and educational environment; 22 instruction; or professional responsibility; 23 (iii) Assess the teacher's positive impact on students; and 24 (iv) Implement the school and district continuous improvement plans. 25 (b) Professional. A professional educator achieves and maintains a high 26 level of competence, which is demonstrated through a variety of accom- 27 plishments. At a minimum, locally developed plans shall require the 28 teacher to: 29 (i) Develop a biennial individual professional development plan 30 that outlines how the teacher will improve practice in at least two 31 (2) areas within each of the following domains of professional prac- 32 tice: planning and preparation; the classroom and educational envi- 33 ronment; instruction; or professional responsibility; 34 (ii) Assess the teacher's positive impact on students; 35 (iii) Participate in programs and activities to improve and assess 36 student learning; 37 (iv) Develop and implement the school and district continuous 38 improvement plans; and 39 (v) Create a continuing education plan that is related to the 40 teacher's content area or professional growth. 41 (c) Master. The master teacher is reflective, consistently demonstrates 42 the highest degree of competence, and strives to encourage and inspire 43 others toward excellence. At a minimum, locally developed plans shall 44 require the teacher to: 45 (i) Develop a three (3) year individual professional development 46 plan that outlines how the teacher will improve practice in at least 47 three (3) areas within each of the following domains of professional 48 practice: planning and preparation; the classroom and educational 49 environment; instruction; or professional responsibility; 50 (ii) Assess the teacher's positive impact on students; 51 (iii) Participate in programs and activities to improve and assess 52 student learning; 53 (iv) Develop and implement the school and district continuous 54 improvement plans; 7 1 (v) Create a continuing education plan that is connected to the 2 teacher's content area or professional growth; 3 (vi) Serve as a peer instructor, mentor or expert in the demonstra- 4 tion of specific skills as determined by the local school district; 5 (vii) Develop and complete a plan for studying and implementing 6 research on a topic vital to the teacher's continued professional 7 development or for the achievement of school goals as approved by the 8 local professional development committee; and 9 (viii) Share the teacher's expertise with colleagues. 10 (3) Local school district plans shall describe the process for a novice 11 teacher to transition to the professional level of knowledge and skills-based 12 performance. At a minimum, the local plan shall require that the teacher pres- 13 ent a portfolio of work to the teacher's immediate supervisor and members of a 14 local professional development committee for review. At least one (1) member 15 of the local professional development committee shall be a teacher selected by 16 teachers employed in the district. The local professional development commit- 17 tee, in coordination with the immediate supervisor, shall have the authority 18 to approve or deny the novice teacher's transition to the professional level. 19 (4) Local school district plans shall describe the process for a profes- 20 sional teacher to transition to the master level of knowledge and skills-based 21 performance. At a minimum, the local plan shall provide that a teacher will 22 advance to the third level of alternative compensation when the teacher has 23 demonstrated exceptional knowledge and skills by achieving one (1) of the fol- 24 lowing benchmarks: 25 (a) Earning national board certification. 26 (b) Earning an advanced degree in an area relevant to the teacher's 27 classroom or content area or in an area of greatest need as determined by 28 the school district. 29 (c) Completing a multiyear, research-based professional portfolio that 30 documents the development of the expertise essential for a master teacher, 31 as determined by the local professional development committee. 32 SECTION 6. That Chapter 10, Title 33, Idaho Code, be, and the same is 33 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 34 ignated as Section 33-1004I, Idaho Code, and to read as follows: 35 33-1004I. FRAMEWORK FOR LOCALLY DEVELOPED GROUP-BASED PERFORMANCE AWARDS. 36 (1) The department shall create a framework for local school districts to use 37 to develop and implement group-based performance awards. Group-based perfor- 38 mance awards are provided to promote collaboration among employees and ensure 39 student success. Awards are additional monetary remuneration for school dis- 40 trict employees who achieve predetermined local goals. 41 (2) Groups may consist of all employees within a school, teams within 42 schools or across a district including, but not limited to, grade levels or 43 departments or any configuration of employees as determined by the district. 44 Group goals may focus on improving student performance, increasing attendance 45 or graduation rates, increasing parental involvement, or other educational 46 goals as established by the local school district. 47 (3) Locally developed plans for group-based performance awards shall con- 48 form to the state framework and guidelines and shall assure that at no time 49 will the local school district mandate that any employee accept compensation 50 under this portion of the pay plan. 51 (4) At a minimum, the local plan shall promote progress toward the 52 achievement of the district or school continuous improvement plan, or both 53 such plans, and reward collaboration in reaching district or school goals, or 8 1 both such goals. 2 SECTION 7. That Section 33-1004G, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 33-1004GJ. EARLY RETIREMENT INCENTIVE -- ADMINISTRATIVE STAFF EXCLUDED. 5 (1) Except as provided in subsection (8) of this section, each certificated 6 employee of an Idaho public school district as defined in section 33-1001(16), 7 Idaho Code, is eligible for an early retirement incentive, provided they meet 8 the following criteria: 9 (a) The employee has completed a minimum of ten (10) years of continuous 10 full-time certified employment, which may include time spent on a sabbati- 11 cal leave, in Idaho public school districts at the time of application. 12 (b) The employee is not eligible for unreduced service, early or disabil- 13 ity retirement from the public employee retirement system of Idaho at the 14 time of application. 15 (c) The employee is fifty-five (55) years old before September 1 of the 16 year the application is made; provided that persons turning fifty-six (56) 17 years old or greater between August 15 and 31, 2000, will be eligible to 18 receive the retirement incentive option percentage provided in this sec- 19 tion that reflects their age on August 15, 2000. 20 (d) The employee submits his/her application to the state superintendent 21 of public instruction on or before April 1 of the year of application. 22 (e) The employee is contracted with an Idaho public school district for 23 the entire school year during the year of application and has not been 24 terminated or on a leave of absence for the current or upcoming school 25 year. 26 (2) (a) Full-time qualifying applicants shall receive as a one (1) time 27 incentive the following amount of the employee's qualifying salary allo- 28 cation as provided in section 33-1004E, Idaho Code: 29 at 55 years of age 55% of allocation 30 at 56 years of age 50% of allocation 31 at 57 years of age 45% of allocation 32 at 58 years of age 40% of allocation 33 at 59 years of age 30% of allocation 34 at 60 years of age 30% of allocation 35 at 61 years of age 20% of allocation 36 at 62 years of age 20% of allocation 37 at 63 years of age and over 0% of allocation 38 (b) Certified employees working less than full-time in the application 39 year will have the incentive payment prorated according to their full-time 40 equivalent (FTE) percentage. 41 (c) Incentive payments for certified employees not placed on the experi- 42 ence and education multiplier table as provided in section 33-1004A, Idaho 43 Code, will be calculated using the BA column of the table. 44 (3) Incentives and the employer's share of FICA benefits shall be paid by 45 the state department of education to the Idaho public school district with 46 which the applicant was last contracted on or before July 31 of the year of 47 application and acceptance. 48 (4) Incentives shall be considered additional compensation flowing from 49 the employment relationship and subject to federal and state tax laws. Incen- 50 tives shall not be considered salary for purposes of the public employee 51 retirement system. 52 (5) Any employee receiving an early retirement incentive as provided in 53 this section shall not be eligible for future employment with an Idaho school 9 1 district where such employment would again qualify him/her for participation 2 in the state retirement system. 3 (6) Any applicant choosing to withdraw their application must notify the 4 state superintendent of public instruction in writing no later than June 20 in 5 the year of application. 6 (7) A special application of the early retirement incentive shall super- 7 sede the limitations of this section to the extent necessary to comply with 8 this subsection. An otherwise qualified certificated employee who becomes med- 9 ically unable to work prior to July 1 of any year shall be eligible to apply 10 for the early retirement incentive for which the employee would have been eli- 11 gible retroactive to April 1. 12 (8) Administrative staff shall not be allowed to participate in the early 13 retirement incentive program as provided in this section and such staff are 14 hereby excluded from participation in the program. 15 SECTION 8. That Section 33-1004H, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 33-1004HK. EMPLOYING RETIRED TEACHERS AND ADMINISTRATORS. (1) Notwith- 18 standing the provisions of section 33-514, 33-1271 or 33-1273, Idaho Code, 19 school districts may employ certificated school teachers and administrators 20 who are receiving retirement benefits from the public employee retirement sys- 21 tem of Idaho, except those who received benefits under the early retirement 22 program provided in section 33-1004GJ, Idaho Code, in positions requiring such 23 certification, as at-will employees. Any employment contract between the 24 retiree and the school district shall be separate and apart from the collec- 25 tive bargaining agreement of the school district. 26 (2) Retirees employed under this section shall accrue one (1) day per 27 month of sick leave, with no annual sick leave accumulation unless additional 28 sick leave is negotiated between the candidate and the school district at the 29 time of employment. No sick leave accrued under this section qualifies for 30 unused sick leave benefits under section 33-1228, Idaho Code. 31 (3) School districts are not required to provide health insurance or life 32 insurance benefits to persons employed under this section. Post-termination 33 benefits may be negotiated between the school district and the certificated 34 employee at the time of rehiring but in no event can the parties affect or 35 attempt to affect the provisions governing the public employee retirement sys- 36 tem. 37 SECTION 9. That Section 59-1356, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 59-1356. REEMPLOYMENT OF RETIRED MEMBERS. (1) If an early retired member 40 is reemployed with the same employer within ninety (90) days from retiring, or 41 the early retired member is guaranteed reemployment with the same employer the 42 member shall be considered to have continued in the status of an employee and 43 not to have separated from service. Any retirement allowance payments received 44 by the retired member shall be repaid to the system and the retirement shall 45 be negated. The month of last contribution prior to the negated retirement and 46 the month of initial contribution upon return to reemployment shall be con- 47 sidered consecutive months of contributions in the determination of an appro- 48 priate salary base period upon subsequent retirement. A retired member is not 49 considered to have separated from service if he continues performing services 50 for the same employer in any capacity including, but not limited to, indepen- 51 dent contractor, leased employee, or temporary services. 10 1 (2) Except as provided in subsection (3) of this section, when a retired 2 member meets the definition of an employee as defined in section 3 59-1302(14)(A)(a), Idaho Code, any benefit payable on behalf of such member 4 shall be suspended and any contributions payable by such member under sections 5 59-1331 through 59-1334, Idaho Code, shall again commence. The suspended bene- 6 fit, as adjusted pursuant to section 59-1355, Idaho Code, shall resume upon 7 subsequent retirement, along with a separate allowance computed with respect 8 to only that salary and service credited during the period of reemployment. 9 Any death benefit that becomes payable under the suspended benefit shall be 10 payable under section 59-1361(2), Idaho Code. Any death benefit that becomes 11 payable with respect to salary and service accrued during the period of reem- 12 ployment shall be payable under section 59-1361(3), Idaho Code, if the member 13 dies during the period of reemployment. 14 (3) If a retired member, who is receiving a benefit that is not reduced 15 under section 59-1346, Idaho Code, and who has been retired for more than six 16 (6) months, again becomes employed as defined in this section and section 17 59-1302(14)(A)(b), Idaho Code, as a result of being elected to a public office 18 other than an office held prior to retirement, the retired member may elect to 19 continue receiving benefits and not accrue additional service, in which event 20 no contributions shall be made by the member or employer during such reemploy- 21 ment and any benefit payable on behalf of such member shall continue. 22 (4) If a retired school teacher or administrator, who retired on or after 23 age sixty-two (62) years and is receiving a benefit that is not reduced under 24 section 59-1346, Idaho Code, again becomes an employee as defined in this sec- 25 tion and section 59-1302(14), Idaho Code, as a result of returning to employ- 26 ment with a school district as provided in section 33-1004HK, Idaho Code, the 27 retired member may elect to continue receiving benefits and not accrue addi- 28 tional service, in which event no contributions shall be made by the member 29 during such reemployment and any benefit payable on behalf of such member 30 shall continue. However, the school district shall pay the required employer 31 contribution for that employee to the public employee retirement system. After 32 June 30, 2012, this subsection (4) shall no longer be in force and effect and 33 the other provisions of this section shall be applicable to all employment, 34 including the employment of retirees who were employed under section 35 33-1004HK, Idaho Code, before that date. 36 (5) It is the responsibility of each employer to immediately report to 37 the retirement board the employment of any retired member so that benefit pay- 38 ments can be suspended as provided in this section. If an employer fails to 39 properly report the employment of a retired member and it results in the 40 retirement board making benefit payments that should have been suspended, the 41 employer shall, in addition to paying delinquent employee and employer contri- 42 butions from the date of eligibility, also be responsible for repaying to the 43 retirement board the benefit payments made to the retired member that should 44 have been suspended, plus interest. The employer may then recoup such payments 45 from the retired member. 46 (56) For purposes of this section, "same employer" means the employer for 47 which the retired member last worked prior to retirement.
STATEMENT OF PURPOSE
RS 17629
The purpose of this legislation is to outline a state framework
and funding method for a voluntary alternative pay system that
provides for two (2) levels of teacher compensation: knowledge
and skills-based pay, and group-based performance awards to be
provided as an incentive to improve teaching practice and student
success; to direct the State Department of Education to develop
and distribute guidelines to school authority to the department
to approve or deny plans submitted by local school districts.
FISCAL NOTE
The formula outlined in this legislation can accommodate any
level of funding appropriated by the legislature. All three
levels of compensation, foundation pay (as outlined in Idaho Code
33-1004E) and the two levels of alternative pay outlined in this
legislation, can be funded within the Governor's recommendation
of $36 million with $21 million distributed in foundation pay (a
3% increase on the current base) and the remaining $15 million
distributed as follows: (1) a base amount, based on the number of
teachers employed by the district, provided to each school
district and (2) an amount provided to each school district based
on the previous year's Average Daily Attendance. The total
alternative pay funding for each district would be designated to
be spent to compensate the teachers in that district who choose
to participate in the manner outlined in the local plan developed
by the district.
Contact
Name: Senator Mike Burkett
Phone: 332-1351
Senator Gary Schroeder
Phone: 332-1323
STATEMENT OF PURPOSE/FISCAL NOTE S 1290