Bill Text
S1457
||||
LEGISLATURE OF THE STATE OF IDAHO
||||
Fifty-fifth Legislature
Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1457
BY EDUCATION COMMITTEE
1
AN ACT
2 RELATING TO THE EDUCATIONAL SUPPORT PROGRAM;
AMENDING SECTION 33-1001, IDAHO
3 CODE, TO PROVIDE
ADDITIONAL DEFINITIONS AND TO MAKE TECHNICAL CORRECTIONS;
4 AMENDING SECTION
33-1002, IDAHO CODE, TO SUPPORT DISTRIBUTION BASED UPON
5 ATTENDANCE UNITS
AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
SECTION
6 33-1003, IDAHO
CODE, TO PROVIDE SPECIAL APPLICATION OF THE EDUCATION SUP-
7 PORT PROGRAM FOR
ATTENDANCE UNITS AND FOR HARDSHIP SECONDARY SCHOOLS; AND
8 AMENDING SECTIONS
33-515 AND 33-1004G, IDAHO CODE, TO PROVIDE CORRECT REF-
9 ERENCES AND TO MAKE
A TECHNICAL CORRECTION.
10 Be It Enacted by the Legislature of the
State of Idaho:
11 SECTION 1.
That Section 33-1001, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 33-1001. DEFINITIONS.
The following words and phrases used in this chap-
14 ter are defined as follows:
15 1. "Administrative
schools" means and apply applies
to all elementary
16 schools and kindergartens within a district
that are situated ten (10) miles
17 or less from both the other
elementary schools and the principal administra-
18 tive office of the district and all secondary
schools within a district that
19 are situated fifteen (15)
miles or less from other secondary schools of the
20 district.
21 2. "Average
daily attendance" or "pupils in average daily attendance"
22 means the aggregate number of
days enrolled students are present, divided by
23 the number of days of school in the reporting
period; provided, however, that
24 students for whom no
Idaho school district is a home district shall not be
25 considered in in such computation.
26 3. "Elementary
grades" or "elementary average daily attendance" means and
27 applies to students enrolled in grades one
(1) through six (6) inclusive, or
28 any combination thereof.
29 4. "Elementary
schools" are schools that serve grades one (1) through six
30 (6) inclusive, or any combination thereof.
31 5. "Elementary/secondary
schools" are schools that serve grades one (1)
32 through twelve (12) inclusive, or any
combination thereof.
33 6. "Homebound
student" means any student who would normally and regularly
34 attend school, but is confined to home or
hospital because of an illness or
35 accident for a period of ten (10) or more
consecutive days.
36 57.
"Kindergarten" or "kindergarten average daily attendance" means
and
37 applies to all students enrolled in a school
year, less than school year, or
38 summer kindergarten program.
39 68.
"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 79.
"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 10. "Secondary
schools" are schools that serve grades seven (7) through
3 twelve (12) inclusive, or any combination
thereof.
4 811.
"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.
11 912.
"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.
17 103.
"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.
21 114.
"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.
25 125.
"Support unit" means a function of average daily attendance
used in
26 the calculations to determine financial
support provided the public school
27 districts.
28 136.
"Teacher" means any person employed in a teaching,
instructional,
29 supervisory, educational adinistrative
administrative or educational and sci-
30 entific capacity in any school
district. In case of doubt the state board of
31 education shall determine whether any person
employed requires certification
32 as a teacher.
33 SECTION 2.
That Section 33-1002, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 33-1002. EDUCATIONAL
SUPPORT PROGRAM. The educational support program is
36 calculated as follows:
37 1. State
Educational Support Funds. Add the state appropriation, includ-
38 ing the moneys available in the public school
income fund, together with all
39 miscellaneous revenues to determine the
total state funds.
40 2. From
the total state funds subtract the following amounts needed for
41 state support of special programs provided
by a school district:
42 a. Pupil tuition-equivalency
allowances as provided in section 33-1002B,
43 Idaho Code;
44 b. Transportation
support program as provided in section 33-1006, Idaho
45 Code;
46 c. Feasibility
studies allowance as provided in section 33-1007A, Idaho
47 Code;
48 d. The
approved costs for border district allowance, provided in section
49 33-1403, Idaho Code,
as determined by the state superintendent of public
50 instruction;
51 e. The
approved costs for exceptional child approved contract allowance,
52 provided in subsection
2. of section 33-2004, Idaho Code, as determined by
53 the state superintendent
of public instruction;
3
1 f. Certain
expectant and delivered mothers allowance as provided in sec-
2 tion 33-2006, Idaho
Code;
3 g. Salary-based
apportionment calculated as provided in sections 33-1004
4 through 33-1004F,
Idaho Code;
5 h. Unemployment
insurance benefit payments according to the provisions of
6 section 72-1349A,
Idaho Code;
7 i. For programs
to provide basic curricula necessary to enable students
8 to enter
academic or professional-technical postsecondary education pro-
9 grams, an allocation
of $300 per support unit for the 1994-95 school year
10 only;
11 j. For provision
of teacher supplies to facilitate classroom instruction,
12 an allocation of
$200 per support unit for the 1994-95 school year only;
13 k. For
expenditure as provided by the public school technology program,
14 $10,400,000 for
the 1994-95 school year;
15 l. For additional
school innovation pilot project grants based on recom-
16 mendations
of the Idaho school reform committee,
$2,000,000 for the
17 1994-95 school year;
and
18 m. For the
support of provisions that provide a safe environment condu-
19 cive to student
learning and maintain classroom discipline, an allocation
20 of $300 per support
unit; and
21 n. Any additional
amounts as required by statute to effect administrative
22 adjustments or as
specifically required by the provisions of any bill of
23 appropriation;
24 to secure the state educational support
funds.
25 3. Local
Districts' Contribution Calculation. Without including
any
26 allowance as a credit for prepaid
taxes as provided by section 63-1607, Idaho
27 Code, the local districts' contribution
shall be four-tenths percent (.4%)
28 during fiscal year 1994-95
and each year thereafter, of the total state
29 adjusted market value for assessment purposes
for the previous year with such
30 value being determined
by the provisions of section 63-315, Idaho Code, and
31 four-tenths percent (.4%) during fiscal
year 1994-95 and each year thereafter,
32 of the cooperative electrical associations'
property values that have been
33 derived from the taxes paid in lieu
of ad valorem taxes for the previous year
34 as provided in section 63-3502, Idaho Code.
35 4. Educational
Support Program Distribution Funds. Add the local
dis-
36 tricts' contribution, subsection 3. of this
section, and the state educational
37 support program funds, subsection
1. of this section, together to secure the
38 total educational support program distribution
funds.
39 5. Average
Daily Attendance. The total state average daily
attendance
40 shall be the sum
of the average daily attendance of all of the school dis-
41 tricts of the state. The state board of
education shall establish rules set-
42 ting forth the procedure
to determine average daily attendance and the time
43 for, and method of, submission of such report.
Average daily attendance calcu-
44 lation shall be carried out to the nearest
hundredth. Computation of average
45 daily attendance shall also be governed
by the provisions of section 33-1003A,
46 Idaho Code.
47 6. Support
Units. The total state support units shall be determined by
48 using the tables set out hereafter called
computation of kindergarten support
49 units, computation of elementary support
units, computation of secondary sup-
50 port units, computation of exceptional education
support units, and computa-
51 tion of alternative school
secondary support units. The sum of all of the
52 total support units of all school districts
of the state shall be the total
53 state support units.
4
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
5
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 7. State Distribution
Factor per Support Unit. Divide educational support
14 program distribution funds, after subtracting
the amounts necessary to pay the
15 obligations specified in subsection 2. of
this section, by the total state
16 support units to secure the state distribution
factor per support unit.
17 8. District
Share of State Funds for Educational Support Program. Ascer-
18 tain a district's share of state funds for
the educational support program as
19 follows:
20 a. District
Contribution Calculation. Without including any allowance as
21 a credit for prepaid
taxes, as provided in section 63-1607, Idaho Code,
22 the district
contribution calculation shall be the rate determined under
23 subsection 3. of
this section.
24 b. District
Support Units. The number of support units for each school
25 district in the
state shall be determined as follows:
26
(1) Divide the actual average daily attendance, excluding
students
27
approved for inclusion in the exceptional child educational program,
28
for the administrative schools and each of the separate schools
and
29
attendance units by the appropriate divisor from the tables
of sup-
30
port units in this section, then add the
quotients to obtain the
31
district's support units allowance for regular students, kindergarten
32
through grade 12 including alternative school secondary
students.
33
Calculations in application of this subsection shall be carried
out
34
to the nearest tenth.
35
(2) Divide the combined totals of the average daily attendance
of
36
all preschool, handicapped, kindergarten, elementary, secondary
and
37
juvenile detention center students approved for inclusion
in the
38
exceptional child program of the district by the appropriate divisor
39
from the table for computation of exceptional education support units
40
to obtain the number of support units allowed for
the district's
41
approved exceptional child program. Calculations for this subsection
42
shall be carried out to the nearest tenth when more than one (1) unit
43
is allowed.
44
(3) The total number of support units of the district shall
be the
45
sum of the total support units for
regular students, subsection
46
8.b.(1) of this section, and the support units allowance
for the
47
approved exceptional child program, subsection 8.b.(2) of this
sec-
48
tion.
49 c. Total District
Allowance Educational Program. Multiply the district's
50 total number
of support units, carried out to the nearest tenth, by the
51 state distribution
factor per support unit and to this product add
the
52 approved amount
of programs of the district provided in subsection 2. of
53 this section to
secure the district's total allowance for the educational
54 support program.
55 d. District
Share. To secure the district's share of state apportionment,
6
1 subtract the
amount of the local district contribution calculation, sub-
2 section 3. of this
section, from the amount of the total district allow-
3 ance, subsection
8.c. of this section.
4 e. Adjustment
of District Share. The contract salary of every noncertifi-
5 cated teacher
shall be subtracted from the district's share as calculated
6 from the provisions
of subsection 8.d. of this section.
7 SECTION 3.
That Section 33-1003, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 33-1003. SPECIAL
APPLICATIONS OF EDUCATIONAL SUPPORT PROGRAM. 1. Decrease
10 in Average Daily Attendance.
-- Any school district which has a decrease in
11 total average daily attendance of one percent
(1%) of its average daily atten-
12 dance in the then current school year from
the total average daily attendance
13 used for determining the allowance
in the educational support program for the
14 school year immediately preceding, the allowance
of funds from the educational
15 support program may be based on the average
daily attendance of the school
16 year immediately preceding,
less one percent (1%). When this provision is
17 applied, the decrease in average daily
attendance shall be proportionately
18 distributed among the various categories
of support units that are appropriate
19 for the district.
20 2. Application
of Support Program to Separate Schools/Attendance Units in
21 District.
22 a. Separate
Elementary School. -- Any separate elementary school shall be
23 allowed to
participate in the educational support program as though the
24 school were the
only elementary school operated by the district.
25 b. Hardship
Elementary School. -- Upon application of
the board of
26 trustees of
a school district, the state board of education is empowered
27 to determine that
a given elementary school or elementary schools within
28 the school district,
not otherwise qualifying, are entitled to be counted
29 as a separate elementary
school as defined in section 33-1001, Idaho Code,
30 when, in
the discretion of the state board of education, special condi-
31 tions exist warranting
the retention of the school as a separate atten-
32 dance unit and the
retention results in a substantial increase in cost per
33 pupil in
average daily attendance above the average cost per pupil
in
34 average daily attendance
of the remainder of the district's elementary
35 grade school
pupils. An elementary school operating
as a previously
36 approved hardship
elementary school shall continue to be considered as a
37 separate
attendance unit, unless the hardship status of the elementary
38 school is rescinded
by the state board of education.
39 c. Separate
Secondary School. -- Any separate secondary school shall be
40 allowed to
participate in the educational support program as though the
41 school were the
only secondary school operated by the district.
42 d. Elementary/Secondary
School Attendance Units. -- Elementary grades in
43 an elementary/secondary
school will be funded as a separate attendance
44 unit if all elementary
grades served are situated more than ten (10) miles
45 distance from
both the nearest like elementary grades within
the same
46 school
district and from the location of the office of the superintendent
47 of schools of
such district, or from the office of the chief administra-
48 tive officer
of such district if the district employs no superintendent of
49 schools. Secondary
grades in an elementary/secondary school will be funded
50 as a
separate attendance unit if all secondary grades served are located
51 more than fifteen
(15) miles by an all-weather road from the nearest like
52 secondary grades
operated by the district.
53 e. Hardship
Secondary School. -- Any district which operated two (2) sec-
7
1 ondary
schools separated by less than fifteen (15) miles, but which dis-
2 trict was created
through consolidation subsequent to legislative action
3 pursuant
to chapter 111, laws of 1947, and which school buildings
were
4 constructed prior
to 1935, shall be entitled to count the schools as sepa-
5 rate attendance
units.
6 f. Minimum
Pupils Required. -- Any elementary school having less than ten
7 (10) pupils in average
daily attendance shall not be allowed to partici-
8 pate in
the state or county support program unless the school has been
9 approved for operation
by the state board of education.
10 3. Remote
Schools. -- The board of trustees of any Idaho school district
11 which operates and maintains
a school which is remote and isolated from the
12 other schools of the state because of geographical
or topographical conditions
13 may petition the state board of education
to recognize and approve the school
14 as a remote and necessary
school. The petition shall be in form and content
15 approved by the state board of education
and shall provide such information as
16 the state board of education may require.
Petitions for the recognition of a
17 school as a remote
and necessary school shall be filed annually at least
18 ninety (90) days prior to the date of the
annual meeting of the board of
19 trustees as established in section 33-510,
Idaho Code.
20 Within forty-five
(45) days after the receipt of a petition for the recog-
21 nition of a remote and
necessary school, the state board of education shall
22 either approve or disapprove the petition
and notify the board of trustees of
23 its decision. Schools
which the state board of education approves as being
24 necessary and remote shall be allowed adequate
funding within the support pro-
25 gram for an acceptable educational program
for the students of the school. In
26 the case of a remote and necessary
secondary school, grades 7-12, the educa-
27 tional program shall be deemed acceptable
when, in the opinion of the state
28 board of education, the accreditation
standard relating to staff size, estab-
29 lished in accordance with section 33-119,
Idaho Code, has been met. The final
30 determination of an acceptable
program and adequate funding in the case of a
31 remote and necessary elementary school shall
be made by the state board of
32 education.
33 4. Support
Program When District Boundaries are Changed.
34 a. In
new districts formed by the division of a district, the
support
35 program computed
for the district divided in its last year of operation,
36 shall be apportioned
to the new districts created by the division, in the
37 proportion that
the average daily attendance of pupils, elementary
and
38 secondary
combined, residing in the area of each new district so created,
39 is to the average
daily attendance of all pupils, elementary and secondary
40 combined, in the
district divided in its last year of operation before the
41 division.
42 b. When boundaries
of districts are changed by excision or annexation of
43 territory,
the support program of any district from which territory
is
44 excised for the
last year of operation before such excision
shall be
45 divided, and
apportioned among the districts involved, as prescribed in
46 subsection 4a.
hereof of this section.
47 c. In new
districts formed by consolidation of former districts, the sup-
48 port program allowance
for a seven (7) year period following the formation
49 of the new district,
shall not be less than the combined support program
50 allowances
of the component districts in the last
year of operation
51 before consolidation.
52 5. For the
fiscal year which commences on July 1, 1986, and for each suc-
53 ceeding fiscal year, any school district
whose adjusted market value for
54 assessment purposes decreases
forty percent (40%) or more from the previous
55 year's adjusted market value for assessment
purposes as such valuation existed
8
1 on December 31, is eligible to receive an
adjustment to its educational sup-
2 port program entitlement, subject to qualifications
as follows:
3 a. The
adjusted market value for assessment purposes has decreased forty
4 percent (40%) or
more from the previous year's adjusted market value for
5 assessment purposes
as such valuation existed on December 31; and
6 b. The school
levy to be certified for the general maintenance and opera-
7 tion fund shall
be no less than four-tenths of one percent (.4%); and
8 c. An
eligible school district has made application to the state depart-
9 ment of education
for an adjustment to entitlement from the state educa-
10 tional support
program on or before June 1 of the fiscal
year. Such
11 application must
document the need for additional funds and must include a
12 district plan to
minimize impact of a reduced local tax base.
13 SECTION 4.
That Section 33-515, Idaho Code, be, and the same is
hereby
14 amended to read as follows:
15 33-515. ISSUANCE
OF RENEWABLE CONTRACTS. During the third full year of
16 continuous employment by the same school
district, including any specially
17 chartered district, each
certificated employee named in subsection 136. of
18 section 33-1001, Idaho Code, and each school
nurse and school librarian shall
19 be evaluated for a renewable
contract and shall, upon having been offered a
20 contract for the next ensuing year,
having given notice of acceptance of
21 renewal and upon signing
a contract for a fourth full year, be placed on a
22 renewable contract status with said school
district subject to the provisions
23 included in this chapter.
24 After the
third full year of employment and at least once annually, the
25 performance of each such certificated
employee, school nurse, or school
26 librarian shall be evaluated according
to criteria and procedures established
27 by the board of trustees in accordance with
general guidelines approved by the
28 state board of education. Except as otherwise
provided, that person shall have
29 the right to automatic renewal of contract
by giving notice, in writing, of
30 acceptance of renewal. Such notice
shall be given to the board of trustees of
31 the school district then employing such
person not later than the fifteenth
32 day of June preceding
the expiration of the term of the current contract.
33 Except as otherwise provided by this paragraph,
the board of trustees shall
34 notify each person entitled
to be employed on a renewable contract of the
35 requirement that such person must give the
notice hereinabove and that failure
36 to do so may be interpreted by the board
as a declination of the right to
37 automatic renewal or the offer of another
contract. Such notification shall be
38 made, in writing, not
later than the twenty-fifth day of May, in each year,
39 except to those persons to whom the board,
prior to said date, has sent pro-
40 posed contracts for the next ensuing
year, or to whom the board has given the
41 notice required by this section.
42 Any contract automatically
renewed under the provisions of this section
43 shall be for the same length as the term
stated in the current contract and at
44 a salary no lower than
that specified therein, to which shall be added such
45 increments as may be determined by the statutory
or regulatory rights of such
46 employee by reason of training, service,
or performance.
47 Nothing herein shall
prevent the board of trustees from offering a renewed
48 contract increasing the salary of any certificated
person, or from reassigning
49 an administrative employee
to a nonadministrative position with appropriate
50 reduction of salary from the preexisting
salary level. In the event the board
51 of trustees reassigns an administrative
employee to a nonadministrative posi-
52 tion, the board shall give written notice
to the employee which contains a
53 statement of the reasons
for the reassignment. The employee, upon written
9
1 request to the board, shall be entitled
to an informal review of that deci-
2 sion. The process and procedure for the
informal review shall be determined by
3 the local board of trustees.
4 Before a
board of trustees can determine not to renew for reasons of an
5 unsatisfactory report of the performance
of any certificated person whose con-
6 tract would otherwise be automatically renewed,
or to renew the contract of
7 any such person at a reduced
salary, such person shall be entitled to a rea-
8 sonable period of probation. This period
of probation shall be preceded by a
9 written notice from the board
of trustees with reasons for such probationary
10 period and with provisions for adequate
supervision and evaluation of the
11 person's performance during the probationary
period. Such period of probation
12 shall not affect the person's renewable
contract status. Consideration of pro-
13 bationary status for certificated
personnel is consideration of the status of
14 an employee within the meaning of section
67-2345, Idaho Code, and may be held
15 in executive session. If the consideration
results in probationary status, the
16 individual on probation shall not be named
in the minutes of the meeting. A
17 record of the decision shall be placed in
the teacher's personnel file.
18 If the
board of trustees takes action to immediately discharge or
dis-
19 charge upon termination of the current contract
a certificated person whose
20 contract would otherwise be automatically
renewed, or to renew the contract of
21 any such person at a reduced salary,
the action of the board shall be consis-
22 tent with the procedures specified in section
33-513(5), Idaho Code, and fur-
23 thermore, the board shall notify the employee
in writing whether there is just
24 and reasonable cause not to renew
the contract or to reduce the salary of the
25 affected employee, and if so, what reasons
it relied upon in that determina-
26 tion.
27 If the
board of trustees, for reasons other than unsatisfactory service,
28 for the ensuing contract year, determines
to change the length of the term
29 stated in the current contract, reduce the
salary or not renew the contract of
30 a certificated person whose contract would
otherwise be automatically renewed,
31 nothing herein shall require a probationary
period.
32 SECTION 5.
That Section 33-1004G, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 33-1004G.
EARLY RETIREMENT INCENTIVE. (1) Each certificated employee
of
35 an Idaho public school
district as defined in section 33-1001 136.,
Idaho
36 Code, is eligible for an early retirement
incentive, provided they meet the
37 following criteria:
38 (a) The
employee has completed a minimum of ten (10) years of continuous
39 full-time certified
employment in Idaho public school districts at
the
40 time of application.
41 (b) The employee
is not eligible for unreduced service, early or disabil-
42 ity retirement
from the public employee retirement system of Idaho at the
43 time of application.
44 (c) The employee
is fifty-five (55) years old before August 15 of
the
45 year the application
is made.
46 (d) The
employee submits his/her application to the state superintendent
47 of public instruction
on or before April 1 of the year of application.
48 (e) The employee
is contracted with an Idaho public school district for
49 the entire
school year during the year of application and has not been
50 terminated or on
a leave of absence for the current or upcoming
school
51 year.
52 (2) (a) Full-time
qualifying applicants shall receive as a one (1) time
53 incentive the following
amount of the employee's qualifying salary allo-
10
1 cation as provided
in section 33-1004E, Idaho Code:
2 at 55 years of age
55% of allocation
3 at 56 years of age
50% of allocation
4 at 57 years of age
45% of allocation
5 at 58 years of age
40% of allocation
6 at 59 years of age
30% of allocation
7 at 60 years of age
30% of allocation
8 at 61 years of age
20% of allocation
9 at 62 years of age
20% of allocation
10 at 63 years of age and over
0% of allocation
11 (b) Certified
employees working less than full-time in the application
12 year will have the
incentive payment prorated according to their full-time
13 equivalent (FTE)
percentage.
14 (c) Incentive
payments for certified employees not placed on the experi-
15 ence and education
multiplier table as provided in section 33-1004A, Idaho
16 Code, will be calculated
using the BA column of the table.
17 (3) Incentives
and the employer's share of FICA benefits shall be paid by
18 the state department of
education to the Idaho public school district with
19 which the applicant was last contracted
on or before July 31 of the year of
20 application and acceptance.
21 (4) Incentives
shall be considered additional compensation flowing from
22 the employment relationship and subject
to federal and state tax laws. Incen-
23 tives shall not be
considered salary for purposes of the public employee
24 retirement system.
25 (5) Any employee
receiving an early retirement incentive as provided in
26 this section shall not be eligible
for future employment with an Idaho school
27 district where such employment would again
qualify him/her for participation
28 in the state retirement system.
29 (6) Any
applicant choosing to withdraw their application must notify the
30 state superintendent of public instruction
in writing no later than June 20 in
31 the year of application.
32 (7) A
special application of the early retirement
incentive shall
33 supercede supersede
the limitations of this section to the extent necessary to
34 comply with this subsection. An otherwise
qualified certificated employee who
35 becomes medically unable to work prior to
July 1 of any year shall be eligible
36 to apply for the early retirement
incentive for which the employee would have
37 been eligible retroactive to April 1.
Statement of Purpose / Fiscal Impact
STATEMENT OF PURPOSE
RS 10043
This legislation
will clarify the ambiguity surrounding some of the
problems certain schools have in calculating
eligibility for separate school status
when there are both elementary and secondary
students attending the schools.
The amendments
define elementary schools, secondary schools and
elementary/secondary schools.
The legislation
also approves continuing the approved hardship now in
place for elementary schools unless the status
is rescinded by the State Board of
Education and defines limited hardship secondary
school status.
FISCAL IMPACT
There will be no impact on state revenues
but distribution of state school funding
as previously existed will continue.
Contact
Name- Sen. Marguerite McLaughlin
Sen. Gary
Schroeder
Phone: 332-1351
332-1321
STATEMENT OF PURPOSE/FISCAL NOTE
S1457