Business Session

ALLOWING FOR DECISIONS REGARDING STUDENT HEARINGS IN EXECUTIVE SESSION

NOW THEREFORE BE IT RESOLVED,

the Idaho School Boards Association work to add language to Idaho Code 33-205 to allow for decisions regarding student enrollment or attendance to be made in executive session.

STATEMENT OF PURPOSE

School Boards often have to make decisions to deny enrollment to students by expulsion. They are required by law to make the decision regarding students in open session. Frequently the student and any guardians present leave the open session to avoid the shame of the decision, leaving no opportunity for the board to explain findings or provisions of the expulsion. Students’ privacy and FERPA rights are at risk when opening the meeting to the public for the decision or explanation to be made, as members of the public are allowed to be present for such decisions and discussion. This change to statute would allow school boards to make and discuss their decision regarding enrollment with students and their guardians in executive session to ensure understanding, give greater privacy, and avoid public demoralization.

RECOMMENDATION OF THE ISBA EXECUTIVE BOARD: DO PASS

AMEND IDAHO CODE TO REQUIRE THAT CANDIDATES ON AN INTERIM CERTIFICATE CANNOT BE PLACED ON A RENEWABLE CONTRACT UNTIL RESPECTIVE PROGRAM REQUIREMENTS ARE MET

NOW THEREFORE BE IT RESOLVED,

that the Idaho School Boards Association seek legislation that would allow a school board to retain on a Category III contract any employee who has not completed alternative authorization program requirements while on a three-year interim certificate.  Movement to a renewable contract would occur upon the completion of the school year in which the candidate successfully completes his or her respective program and is granted a full state certificate.

STATEMENT OF PURPOSE

In accordance with Idaho Code 33-515, an employee on a three-year interim certificate who has not met program requirements for a full Idaho certificate or endorsement is placed on a renewable contract in the same manner as any other teacher who has completed 3 consecutive years with the same school district.  Given the nature of interim programs, it is possible more than three years may be needed for an employee to complete the interim program even with due diligence from both parties. “Holding” an employee who has not met the requirements during the three years on a Category I, II, or III contract allows additional time to “grow” the teacher as program requirements intend.  As interim-certificated employees progress to a renewable contract, this provides parity with those employees who possess full certificates and are also on a Category I, II, or III contract progressing toward a renewable contract.

RECOMMENDATION OF THE ISBA EXECUTIVE BOARD: DO PASS

RESOLUTION TO AMEND IDAHO CODE 33-205: DENIAL OF SCHOOL ATTENDANCE

NOW THEREFORE BE IT RESOLVED,

that the Idaho School Boards Association work collaboratively with the Idaho legislature to propose and adopt a legislative bill to amend Section 33-205, Idaho Code in order to align with the minimum requirements of the Federal Gun-Free Schools Act and to provide Boards and administrators greater latitude to address students who are facing disciplinary/expulsion associated with the possession of a firearm or other deadly or dangerous weapon on school property to confirm that a student does not automatically have to face expulsion but that there be latitude by administrators and/or board members to not expel on a case-by-case basis.

STATEMENT OF PURPOSE

This resolution directs the Idaho School Boards Association (ISBA) to work with legislators to change Idaho Code §33-205 to align more closely to the minimum requirements of the federal Gun-Free Schools Act and to provide local school boards with the local authority to make judgments as to when expulsion from school may not be the most appropriate discipline for a student based on a professional assessment of the threat of harm to others or self.

RECOMMENDATION OF THE ISBA EXECUTIVE BOARD: NO RECOMMENDATION

AMENDING IDAHO SCHOOL AGE STATUTE TO ALLOW FLEXIBILITY FOR SCHOOL PREPAREDNESS PROGRAMS

NOW THEREFORE BE IT RESOLVED,

that the Idaho School Boards Association work with the State Board of Education, State Department of Education and the Idaho Legislature to revise Section 33-201 and Section 33-208, Idaho Code, thereby providing school districts and charter schools with the flexibility to use state dollars to support school readiness with the understanding that such programs, like kindergarten, will not be compulsory or mandated, allowing school districts and charter schools to address the needs of their local students.

STATEMENT OF PURPOSE

Currently Section 33-201, Idaho Code, prevents school districts and charter schools from using state dollars to support kindergarten preparedness programs for 4 year olds. By amending the current age, it will allow flexibility for local districts and charter schools to use state dollars as they see appropriate in supporting children entering kindergarten. There are no dollars attached to changing the code. It simply allows school districts and charter schools more choice in using the funding they receive in a manner that best fits their local community. This resolution would not amend the age threshold for a child enrolling in kindergarten or first grade. Nor would it be compulsory for local districts or charters to establish such programs.

RECOMMENDATION OF THE ISBA EXECUTIVE BOARD: DO PASS

IN OPPOSITION TO DIVERTING PUBLIC DOLLARS TO PRIVATE OR PAROCHIAL SCHOOLS INCLUDING VOUCHERS, THE GRANTING OF TAX CREDITS FOR SCHOLARSHIP DONORS, OR AMENDING ARTICLE IX, §5, IDAHO CODE, ALSO KNOWN AS THE BLAINE AMENDMENT

NOW THEREFORE BE IT RESOLVED,

that the Idaho School Boards Association oppose any effort to divert public dollars to private or parochial schools, grant tax credits for scholarship donations, or amend the Constitution of the State of Idaho, Article IX, §5, Idaho Code, also known as the Blaine Amendment, to allow public dollars to finance private or parochial education in the K-12 education system of the State of Idaho.

STATEMENT OF PURPOSE

School choice is an integral part of public education in the state of Idaho. Public school choice includes charter, magnet, alternative, and virtual schools in addition to traditional public schools where dual language, classical, harbor, international, Montessori, Career Technical, STEM, and STEAM programs are offered. These programs are an integral part of what public education already offers across Idaho, funded by state tax dollars.

Idaho’s current investment in our children’s public schools ranks 51^st in the country. Reducing the general fund by offering a tax credit for donations to scholarship programs or diverting already scarce resources to provide vouchers to private schools will further erode funding to current public schools all across Idaho. If our state constitution is changed, Idaho’s investment in public education will become even smaller as our taxes will be siphoned off to unaccountable private and parochial schools. We oppose amending The Idaho State Constitution, Article IX, §5, Idaho Code, also known as the Blaine Amendment, for the reasons outlined above. Idaho already has substantial choice in its public school system. A voucher, tax-credit, or scholarship program will cause irreparable harm to the existing system of public schools, and will likely harm overall student achievement.

RECOMMENDATION OF THE ISBA EXECUTIVE BOARD: DO PASS

REDUCE SUPER MAJORITY ON FACILITY BONDS

NOW THEREFORE BE IT RESOLVED,

that the Idaho School Boards Association research, draft, and submit legislation that proposes supplemental mechanisms to fund school construction and maintenance and support the reduction of the super majority approval required to pass school facilities bonds.

STATEMENT OF PURPOSE

School districts facing rapidly increasing enrollment only have one option for the construction of new facilities: passage of a bond that places a burden on property owners. Meanwhile, the State of Idaho is trying to raise student achievement, and the quality of school facilities has an impact on that achievement.  Many districts are trying to address their facilities needs but are having great difficulty achieving, or have not been able to achieve, the 66.67% approval vote required to pass a facilities bond.  Any reduction of this extremely high approval threshold would help provide better school facilities in Idaho.

RECOMMENDATION OF THE ISBA EXECUTIVE BOARD: DO PASS

IDAHO SOCIAL STUDIES CONTENT STANDARDS

NOW THEREFORE BE IT RESOLVED,

that the Idaho School Boards Association works to ensure that the social studies standards propose an improved Idaho Social Studies Content Standard that will gift our students with an understanding and appreciation for our shared Western Civilization.

STATEMENT OF PURPOSE

An understanding of Western Civilization is an important element of an American student’s education. There is currently an oversight in the Social Studies content standards that the ISBA must work to help address.

RECOMMENDATION OF THE ISBA EXECUTIVE BOARD:  DO NOT PASS

ADMINISTRATIVE LEAVE WITH PAY

NOW THEREFORE BE IT RESOLVED,

that the Idaho School Boards Association educate the Idaho Legislature regarding this burdensome mandate on Idaho public schools and research, draft, and submit legislation that proposes an amendment to Idaho Code 33-513(7) and any other related statutes to limit the financial exposure to school districts associated with administrative leave with pay when an employee is on administrative leave due to pending criminal charges. This may be addressed by either considering such to be covered under subsection (7)(a) not obligating compensation or, at minimum, defining a period of time for the employee to be entitled to compensation.

STATEMENT OF PURPOSE

Idaho public schools have found themselves in situations where multiple employees throughout the state have criminal charges pending against them which negatively impact and/or prevent the individual’s ability to work as an educator for the school.  However, such individuals do not necessarily fall under the no-pay provision of Idaho Code 33-513(7).   This results in school districts and charter schools having to pay employees who are not working and cannot be in the school setting for significant periods. It does not appear that 33-513(7) envisioned situations where such employees would waive their rights to speedy trial. Such employees literally cannot work in the school setting and collect compensation from already financially strapped school districts for significant periods of time, including periods up to two (2) calendar years.

RECOMMENDATION OF THE ISBA EXECUTIVE BOARD: DO PASS

PERSONNEL FUNDING – USE IT OR LOSE IT

NOW THEREFORE BE IT RESOLVED,

that the Idaho School Boards Association educate the Idaho Legislature regarding the economic concerns of the Districts, including the inequities created by this legislation and the need for flexibility for schools. Be it further resolved, the Idaho School Boards Association shall research, draft, and submit legislation that proposes an amendment to Idaho Code 33-1004(2)(g) and any other related statutes and pursue amendment to any related Idaho State Board of Education rules to amend this section and provide greater latitude for school districts and charter schools in class sizes under this statute.

STATEMENT OF PURPOSE

While provisions have been put in place in Idaho Code 33-1004, to compare or group similarly situated districts and schools, the current model only grants one (1) student above the state average in a similarly sized district before being considered out of compliance.  In a majority of instances, district and charters are penalized for being out of compliance by slightly more than one (1) student per teacher.

Because the student to teacher average is based on all funds available to a district rather than state reimbursed funds only, the districts with generous supplemental levies who hire additional certified staff impact the state average for their respective groups, creating an inequitable calculation process.  Thus, districts without this supplemental funding are at a disadvantage and lose discretion of one (1) percent of personnel funding flexibility each year under the current model.

RECOMMENDATION OF THE ISBA EXECUTIVE BOARD: DO PASS

FULL FUNDING OF ALL DAY KINDERGARTEN

NOW THEREFORE BE IT RESOLVED,

that the Idaho School Boards Association research, draft, and submit legislation – or, support legislation – that proposes the State of Idaho fund full day kindergarten the same way it does all other elementary students. Such legislation shall be sought regardless of whether the legislature amends the current funding formula. This change would allow districts or charters that offer full day kindergarten increased financial stability and decrease the amount of local support districts or charter schools utilize through supplemental levies or discretionary dollars.

STATEMENT OF PURPOSE

The lack of funding for full day kindergarten puts a hardship on local districts and charters schools. Funding kindergarten at the same rate as all other elementary students would allow districts and charters more flexibility in bridging the gaps seen in early childhood literacy.

RECOMMENDATION OF THE ISBA EXECUTIVE BOARD: DO PASS

RECLAMATION OF CAREER LADDER PLACEMENT FOR INSTRUCTIONAL AND PUPIL SERVICE STAFF

NOW THEREFORE BE IT RESOLVED,

that the Idaho School Boards Association create legislation to reinstate instructional and pupil service staff on their appropriate steps by advancing them two steps on the career ladder upon enactment.  This one time advancement of two steps would be contingent on the staff member meeting the other requirements of movement for their rung.

STATEMENT OF PURPOSE

The 2020 Legislature of the State Idaho approved a budget, which included appropriate placement of certificated staff on a new three-tier career ladder.  To comply with the Governor’s executive order, teachers were not advanced in their placement on the career ladder. This resolution proposes that teachers, assuming they have met the other appropriate requirements of step advancement outlined in 33-1004(B), would move forward 2 steps to return them to the position on the career ladder they would have been placed at if the freeze had not been instituted.

Although short term solutions are necessary to meet revenue short falls, continuation of these holdbacks, (assuming the economy begins to rebound), is detrimental to the important work of school districts.

RECOMMENDATION OF THE ISBA EXECUTIVE BOARD: DO PASS

SALARY BASED APPORTIONMENT FOR CLASSIFIED EMPLOYEES

NOW THEREFORE BE IT RESOLVED,

that the Idaho School Boards Association educate the Idaho State Legislature about the funding disparity between classified salaries and is the amount the Legislature allocates for them. Be it further resolved that the Idaho School Boards Association support a funding formula for classified staff designed to bring the percentage paid by the State in line with the percentage paid by districts and charters for instructional and administrative salaries. This should be addressed with changes both to the base salary and number of classified staff provided for by the unit factor.

STATEMENT OF PURPOSE

The competitive salary range for classified staff and technology specialists that manage a districts’ and charter schools’ human resources and technology operations has increased dramatically. The salary range for other skilled classified staff has increased in order to remain competitive with the industry, to be aligned with additional assignments as districts and charter schools have reduced staffing numbers, and to offer reasonable salaries to provide for cost of living increases.  The portion of the State formula that funds classified salaries and benefits was initially designed with custodians, school secretaries, and aides in mind.

The need for highly skilled human resource specialists as well as professional business managers and technology specialists to manage the complex and technical aspects of a school district or charter school has changed the role of these classified positions. Similarly, districts and charter schools rely on other classified personnel such as janitorial staff, bus drivers, and more to keep the operations of their buildings functional.  Districts and charters now employee more professional business managers, human resource directors, network administrators, web masters, IT specialists, and other skilled classified staff than ever before. Additionally, many of these professional and technical employees are hired to meet State and Federal mandated requirements, including reporting in the Idaho System for Educational Excellence (ISEE), the State’s Longitudinal Data System.

This resolution calls for changes in the SBA formula to better reflect the need to increase the salaries and the number of FTE’s funded by the classified portion of the formula.

In 2017/18, school districts and charter schools spent, on average, $1.66 for every $1 of salary based apportionment for a difference of $79.8 million.

In 2018/19, school districts and charter schools spent, on average, $1.68 for every $1 of salary based apportionment for a difference of $85.2 million.  Approximately $69 million is attributable to Actual vs Base Salary, and the remaining $16.2 million is attributable to hiring more staff than the allowance (6,470.8 hired vs 5,794.9 staff allowance, or 675.9 hired in excess of staff allowance).  Source: Idaho State Department of Education

RECOMMENDATION OF THE ISBA EXECUTIVE BOARD: DO PASS

RESTORATION OF FY21 FUNDING HOLDBACKS

NOW THEREFORE BE IT RESOLVED,

that the Idaho School Boards Association encourage or create legislation to reinstate all funds associated with the Governor’s executive order regarding Public School 5% holdbacks for the 2020-21 school year.

STATEMENT OF PURPOSE

The 2020 Legislature of the State Idaho approved an overall K-12 education budget which included all the General Fund allocations listed above.  In supporting the Governor’s executive order, we would like it to be clear that reinstatement of these holdbacks and support for the legislation that implemented the original education allocation is crucial for school districts and charters in Idaho.

Although short term solutions are necessary to meet revenue short falls, continuation of these holdbacks (assuming the economy begins to rebound) is detrimental to the important work of school districts.

RECOMMENDATION OF THE ISBA EXECUTIVE BOARD: DO PASS

ESTABLISHING EXPECTATIONS FOR THE IDAHO PUBLIC CHARTER SCHOOL COMMISSION AND NON-ELECTED CHARTER SCHOOL AUTHORIZERS

NOW THEREFORE BE IT RESOLVED,

that the Idaho School Boards Association shall work to amend Idaho Code to provide greater oversight of the Idaho Charter School Commission and other potential non-school district authorizers with the expectations that: (1) prior to considering a new charter school in a community, patrons of that community must be consulted and informed and must approve of any request before it moves forward; (2) a comprehensive community impact study must be completed; (3) charter school governing board members must be residents of the community or communities representing the geographical location of the charter school (see Idaho Code  33-501); and (4) existing and new charter schools student demographic profiles will reflect the demographics of the communities where charter schools are authorized. In addition, the Idaho School Boards Association shall work to amend the Idaho Code to limit charter school authorization such that only (1) one charter school may be authorized per each 25,000 of people residing within the legal boundaries of any Idaho school district.

STATEMENT OF PURPOSE

Idaho’s charter schools have flourished and multiplied since a process was provided for creating them more than 20 years ago. Charter schools have proliferated in Idaho’s population centers, providing choice. However, areas may be reaching a saturation point, creating inefficiencies in the use of public resources. This resolution would require the Idaho Charter School Commission, prior to approving new charter schools, to complete a comprehensive impact study of the proposed charter school’s impact on existing public schools and on existing charter schools in the area and limit the number of charter schools such authorizers could approve to one (1) school per 25,000 residents of the school district in which the charter school would be situated.

RECOMMENDATION OF THE ISBA EXECUTIVE BOARD: DO NOT PASS

MODIFICATION TO DEFINITION TO RECOGNIZE PUBLIC SCHOOLS AS PUBLIC FACILITES TO COLLECT IMPACT FEES

NOW THEREFORE BE IT RESOLVED,

that the Idaho School Boards Association work with the Idaho State Department of Education, Idaho State Board of Education, and the Idaho Legislature to amend Idaho Code to add “Public School Facilities” to 67-8203(24), Idaho Code.

STATEMENT OF PURPOSE

Adding “Public School Facilities” to the definition of “Public Facilities” in Section 67-8203(24) would allow school districts to access funding under Title 67 Chapter 82 for the purpose stated in Idaho Code 67-8202, namely to create “an equitable program for planning and financing public facilities needed to serve new growth and development,” which “is necessary in order to promote and accommodate orderly growth and development and to protect the public health, safety, and general welfare of the citizens of the state of Idaho”.

RECOMMENDATION OF THE ISBA EXECUTIVE BOARD: DO PASS