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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
745
BY
WAYS
AND
MEANS
COMMITTEE
AN
ACT
1
RELATING
TO
COLLECTIVE
BARGAINING;
AMENDING
TITLE
44,
IDAHO
CODE,
BY
THE
2
ADDITION
OF
A
NEW
CHAPTER
28,
TITLE
44,
IDAHO
CODE,
TO
PROVIDE
A
DECLA
-
3
RATION
OF
POLICY,
TO
DEFINE
TERMS,
TO
ESTABLISH
PROVISIONS
REGARDING
4
THE
PROHIBITION
OF
TAXPAYER
FUNDING
OF
GOVERNMENT
UNIONS,
TO
PROVIDE
5
FOR
ENFORCEMENT
AND
PENALTIES,
AND
TO
PROVIDE
FOR
APPLICATION;
AMENDING
6
SECTION
33
-
513,
IDAHO
CODE,
TO
REMOVE
A
PROVISION
REGARDING
ATTEN
-
7
DANCE
AT
CERTAIN
MEETINGS
OF
THE
STATE
TEACHERS
ASSOCIATION
AND
TO
MAKE
8
TECHNICAL
CORRECTIONS;
AMENDING
SECTION
33
-
1271,
IDAHO
CODE,
TO
RE
-
9
VISE
PROVISIONS
REGARDING
SCHOOL
DISTRICTS,
PROFESSIONAL
EMPLOYEES,
10
AND
NEGOTIATION
AGREEMENTS;
AMENDING
SECTION
33
-
1275,
IDAHO
CODE,
TO
1
1
PROHIBIT
TAXPAYER
FUNDING
OF
LOCAL
EDUCATION
ORGANIZATIONS;
PROVIDING
12
SEVERABILITY;
PROVIDING
APPLICABILITY;
AND
DECLARING
AN
EMERGENCY
AND
13
PROVIDING
AN
EFFECTIVE
DATE.
14
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
15
SECTION
1.
That
Title
44,
Idaho
Code,
be,
and
the
same
is
hereby
amended
16
by
the
addition
thereto
of
a
NEW
CHAPTER
,
to
be
known
and
designated
as
Chap
-
17
ter
28,
Title
44,
Idaho
Code,
and
to
read
as
follows:
18
CHAPTER
28
19
GOVERNMENT
UNIONS
20
44
-
2801.
DECLARATION
OF
POLICY.
The
legislature
of
the
state
of
Idaho
21
finds
and
declares
that:
22
(1)
Public
employees
are
free
to
form
and
join
membership
organiza
-
23
tions,
professional
associations,
labor
unions,
or
similar
organizations
of
24
their
own
choosing
to
advance
their
mutual
interests.
25
(2)
As
the
United
States
supreme
court
recognized
in
Janus
v.
AFSCME
26
(2018),
unlike
private
sector
labor
relations,
collective
bargaining
be
-
27
tween
government
entities
and
labor
unions
representing
public
employees
is
28
an
inherently
political
process
with
significant
implications
for
the
size,
29
cost,
operations,
transparency,
and
accountability
of
government.
30
(3)
The
operation
of
state
and
local
government
in
Idaho
is
determined
31
by
the
people
through
their
elected
representatives,
not
unelected
pri
-
32
vate
interests.
However,
the
legislature
has
found
collective
bargaining
33
between
public
employers
and
labor
organizations
representing
government
34
employees
to
be
in
the
public
interest
in
certain
contexts.
35
(4)
To
advance
the
existing
policy
of
the
state
of
Idaho
that
special
36
interests
be
prevented
from
unduly
influencing
governmental
action
and
that
37
governmental
functions
and
policies
reflect,
to
the
maximum
extent
possi
-
38
ble,
the
public
interest,
public
funds
and
taxpayer
-
funded
facilities,
sys
-
39
tems,
and
resources
should
not
be
used
to
preferentially
aid
or
subsidize,
40
directly
or
indirectly,
the
operations
or
advocacy
of
government
unions,
ex
-
41
2
cept
where
necessary
to
ensure
the
uninterrupted
delivery
of
critical
emer
-
1
gency
services
by
first
responders.
2
44
-
2802.
DEFINITIONS.
As
used
in
this
chapter:
3
(1)
"Affiliate"
means:
4
(a)
Any
organization
subject
to
the
constitution,
bylaws,
or
similar
5
governing
documents
of
a
government
union;
6
(b)
Any
organization
with
a
constitution,
bylaws,
or
similar
governing
7
documents
that
a
government
union
is
subject
to;
8
(c)
Any
organization
that
receives
a
regular
portion
of
the
dues
or
fees
9
collected
by
a
government
union
from
its
members
pursuant
to
the
consti
-
10
tution,
bylaws,
or
similar
governing
documents
of
such
organization
or
1
1
the
government
union;
or
12
(d)
A
political
committee,
political
organization,
nonprofit
entity,
13
or
other
fund
controlled
by
a
government
union.
14
(2)
"Collective
bargaining
agreement"
means:
15
(a)
A
written
agreement
negotiated
between
a
public
employer
and
gov
-
16
ernment
union
that
addresses
public
employee
compensation,
benefits,
17
or
other
terms
or
conditions
of
employment;
or
18
(b)
A
negotiated
agreement
governed
by
sections
33
-
1271
through
19
33
-
1276,
Idaho
Code.
20
(3)
"Government
union"
means:
21
(a)
A
labor
organization,
union,
or
similar
entity
of
any
kind
in
which
22
public
employees
participate
and
that
exists
for
the
purpose,
in
whole
23
or
in
part,
of
representing
public
employees
in
collective
bargaining
24
or
similar
dealings
with
a
public
employer
concerning
public
employee
25
compensation,
benefits,
or
other
terms
or
conditions
of
employment;
or
26
(b)
A
local
education
organization
as
defined
in
section
33
-
1272,
Idaho
27
Code.
28
(4)
"Government
union
activities"
means
activities
undertaken
at
the
29
direction
of,
on
behalf
of,
or
to
advance
the
purposes
of
a
government
union
30
or
its
affiliate
by:
31
(a)
Supporting
or
opposing
any
candidate
for
federal,
state,
or
local
32
public
office;
33
(b)
Influencing
the
passage
or
defeat
of
any
federal
or
state
legisla
-
34
tion,
federal
or
state
regulation,
local
ordinance,
or
any
ballot
mea
-
35
sure;
36
(c)
Promoting
or
soliciting
membership
or
participation
in,
or
finan
-
37
cial
support
of,
a
government
union
or
its
affiliate;
38
(d)
Seeking
to
become
the
exclusive
representative
of
a
unit
of
public
39
employees
for
the
purposes
of
collective
bargaining;
40
(e)
Participating
in
the
administration,
business,
or
internal
gover
-
41
nance
of
a
government
union
or
its
affiliate;
42
(f)
Preparing,
conducting,
or
attending
government
union
or
affili
-
43
ate
events,
conferences,
conventions,
meetings,
or
trainings,
unless
44
such
training
is
directly
related
to
the
performance
of
public
employ
-
45
ees'
job
duties;
46
(g)
Distributing
government
union
or
affiliate
communications;
47
3
(h)
Representing
or
speaking
on
behalf
of
a
government
union
or
its
af
-
1
filiate
in
any
setting,
venue,
or
procedure
in
which
the
public
employer
2
is
not
a
participant;
3
(i)
Preparing,
filing,
or
pursuing
grievances;
4
(j)
Representing
public
employees
in
investigatory
interviews,
disci
-
5
plinary
proceedings,
or
appeals,
up
to
and
including
termination,
or
6
other
administrative
or
legal
proceedings;
7
(k)
Engaging
in
collective
bargaining
and
any
related
mediation
or
ar
-
8
bitration;
9
(l)
Administering
a
collective
bargaining
agreement;
or
10
(m)
Participating
in
labor
-
management
committees.
1
1
(5)(a)
"Public
employee"
means:
12
(i)
An
employee
of
a
public
employer;
or
13
(ii)
A
professional
employee
as
defined
in
section
33
-
1272,
Idaho
14
Code.
15
(b)
"Public
employee"
does
not
include
an
elected
official.
16
(6)(a)
"Public
employer"
means:
17
(i)
The
state
of
Idaho
or
an
agency,
commission,
or
other
govern
-
18
mental
body
of
the
state;
or
19
(ii)
A
municipality,
school
district,
including
a
specially
char
-
20
tered
district,
highway
district,
planning
and
zoning
commission,
21
or
any
other
political
subdivision
or
local
governmental
body
of
22
the
state
of
Idaho.
23
(b)
"Public
employer"
does
not
include:
24
(i)
A
corporate
authority
as
defined
in
section
44
-
1801,
Idaho
25
Code;
26
(ii)
A
city
that
is
governed
by
title
50,
Idaho
Code;
or
27
(iii)
A
county
that
is
governed
by
title
31,
Idaho
Code.
28
(7)
"Representational
activities"
means
those
activities
specified
in
29
subsection
(4)(i)
through
(m)
of
this
section.
30
44
-
2803.
TAXPAYER
FUNDING
OF
GOVERNMENT
UNIONS
PROHIBITED.
(1)
No
31
public
employer,
its
agents,
or
representatives
may
use
or
authorize
the
use
32
of
taxpayer
funds
to
promote
government
unions
by:
33
(a)
Deducting
dues,
fees,
assessments,
fines,
or
contributions
from
34
the
pay
of
a
public
employee
on
behalf
of
a
government
union
or
its
af
-
35
filiate;
36
(b)
Increasing
a
public
employee's
compensation
with
the
intent
that
37
the
additional
compensation,
or
a
part
of
it,
be
used
to
pay
government
38
union
or
affiliate
dues,
fees,
assessments,
fines,
or
contributions;
39
(c)
Providing
more
personal
or
contact
information
of
a
public
employee
40
to
a
government
union
or
its
affiliate
than
the
public
employer
is
re
-
41
quired
to
disclose
pursuant
to
chapter
1,
title
74,
Idaho
Code,
unless
42
the
public
employer
receives
written
authorization
from
the
public
em
-
43
ployee
to
disclose
additional
information;
44
(d)
Requiring
or
coercing
a
public
employee
to
meet,
communicate,
lis
-
45
ten
to,
or
otherwise
interact
with
a
government
union
or
its
affiliate;
46
(e)
Distributing
communications
or
membership
solicitations
on
behalf
47
of
a
government
union
or
its
affiliate;
48
4
(f)
Contributing
public
funds
to,
or
expending
public
funds
on
behalf
1
of,
a
government
union
or
its
affiliate;
or
2
(g)
Except
as
provided
by
sections
33
-
1216
and
33
-
1279,
Idaho
Code,
and
3
except
as
otherwise
provided
by
this
section,
providing
any
form
of
com
-
4
pensation
or
paid
leave
to
a
public
employee,
directly
or
indirectly,
5
for
the
purpose
of
engaging
in
government
union
activities.
6
(2)
If
provided
by
a
collective
bargaining
agreement
between
a
public
7
employer
and
a
government
union:
8
(a)
A
public
employee
may
be
granted
time
off
without
pay
or
benefits
to
9
engage
in
government
union
activities,
and
a
government
union
may
com
-
10
pensate
a
public
employee
for
engaging
in
government
union
activities.
1
1
(b)
A
public
employee
may
use
compensated
personal
leave,
whether
the
12
public
employee's
own
leave
or
leave
voluntarily
donated
by
other
pub
-
13
lic
employees,
to
engage
in
government
union
activities
if:
14
(i)
The
leave
is
accrued
at
the
same
rate
by
similarly
situated
15
public
employees
of
the
public
employer
without
regard
to
member
-
16
ship
or
participation
in
a
government
union;
and
17
(ii)
The
public
employee
may
freely
choose
how
to
use
the
leave.
18
(c)
A
public
employee
may
engage
in
representational
activities
while
19
in
a
duty
status
without
loss
of
pay
or
benefits
if:
20
(i)
The
government
union
reports
to
the
public
employer
no
less
21
than
twice
per
calendar
year
the
amount
of
time,
in
increments
22
rounded
to
the
nearest
quarter
of
an
hour,
spent
on
representa
-
23
tional
activities
each
day
by
each
public
employee
engaged
in
24
representational
activities;
25
(ii)
The
public
employer
calculates
the
pro
rata
value
of
compen
-
26
sation,
including
wages
and
benefits,
paid
or
accruing
to
a
pub
-
27
lic
employee
for
time
spent
engaged
in
representational
activi
-
28
ties
and
provides
an
invoice
to
the
government
union
no
less
than
29
twice
per
calendar
year
for
the
amounts
so
calculated;
and
30
(iii)
Upon
receipt
of
the
invoice
from
the
public
employer,
the
31
government
union
remits
full
payment
to
the
public
employer
within
32
thirty
(30)
days.
33
44
-
2804.
ENFORCEMENT
AND
PENALTIES.
34
(1)(a)
A
person
who
violates
the
provisions
of
section
44
-
2803,
Idaho
35
Code,
shall
be
subject
to
a
civil
penalty
not
to
exceed
two
hundred
and
36
fifty
dollars
($250).
37
(b)
A
person
who
knowingly
violates
the
provisions
of
section
44
-
2803,
38
Idaho
Code,
shall
be
subject
to
a
civil
penalty
not
to
exceed
one
thou
-
39
sand
five
hundred
dollars
($1,500).
40
(c)
A
person
who
knowingly
violates
the
provisions
of
section
44
-
2803,
41
Idaho
Code,
and
who
has
previously
admitted
to
committing
or
has
been
42
previously
determined
to
have
committed
a
violation
pursuant
to
para
-
43
graph
(b)
of
this
subsection
shall
be
subject
to
a
civil
penalty
not
to
44
exceed
two
thousand
five
hundred
dollars
($2,500).
45
(2)
The
attorney
general
or
appropriate
county
prosecutor
shall
inves
-
46
tigate
complaints
regarding
the
violation
of
a
provision
of
section
44
-
2803,
47
Idaho
Code,
and
shall
ensure
the
effective
enforcement
of
this
section.
48
5
44
-
2805.
APPLICATION.
Nothing
in
section
44
-
2803,
Idaho
Code,
shall
1
be
construed
to:
2
(1)
Authorize
a
public
employer,
who
does
not
independently
possess
3
such
authority,
to
engage
in
collective
bargaining
with
a
government
union.
4
(2)
Limit
the
right
of
firefighters
to
collectively
bargain
as
provided
5
by
chapter
18,
title
44,
Idaho
Code.
6
(3)
Limit
any
right
a
city
may
possess
to
authorize
and
engage
in
col
-
7
lective
bargaining
pursuant
to
the
provisions
of
title
50,
Idaho
Code.
8
(4)
Require
a
public
employer
to
take
actions
that
would
violate
the
9
provisions
of
49
U.S.C.
5333(b)
or
jeopardize
its
continued
eligibility
to
10
receive
federal
transit
administration
funding.
1
1
SECTION
2.
That
Section
33
-
513,
Idaho
Code,
be,
and
the
same
is
hereby
12
amended
to
read
as
follows:
13
33
-
513.
PROFESSIONAL
PERSONNEL.
The
board
of
trustees
of
each
school
14
district,
including
any
specially
chartered
district,
shall
have
the
fol
-
15
lowing
powers
and
duties:
16
1.
(1)
To
employ
professional
personnel,
on
written
contract
in
a
form
17
approved
by
the
state
superintendent
of
public
instruction,
conditioned
18
upon
on
a
valid
certificate
being
held
by
such
professional
personnel
at
the
19
time
of
entering
upon
the
duties
thereunder.
Should
the
board
of
trustees
20
fail
to
enter
into
written
contract
for
the
employment
of
any
such
person,
21
the
state
superintendent
of
public
instruction
shall
withhold
ensuing
ap
-
22
portionments
until
such
written
contract
be
is
entered
into.
When
the
board
23
of
trustees
has
delivered
a
proposed
contract
for
the
next
ensuing
year
to
24
any
such
person,
such
person
shall
have
a
period
of
time
to
be
determined
by
25
the
board
of
trustees
in
its
discretion,
but
in
no
event
less
than
ten
(10)
26
calendar
days
from
the
date
the
contract
is
delivered,
in
which
to
sign
the
27
contract
and
return
it
to
the
board.
If
the
board
of
trustees
does
not
make
a
28
determination
as
to
how
long
the
person
has
to
sign
and
return
the
contract,
29
the
default
time
limit
shall
be
twenty
-
one
(21)
calendar
days
after
the
con
-
30
tract
is
delivered
to
the
person.
Delivery
of
a
contract
may
be
made
only
31
in
person
or
by
certified
mail,
return
receipt
requested
or
electronically,
32
return
receipt
requested.
When
delivery
is
made
in
person,
delivery
of
the
33
contract
must
be
acknowledged
by
a
signed
receipt.
When
delivery
is
made
34
by
certified
mail
or
electronically,
delivery
must
be
acknowledged
by
the
35
return
of
the
certified
mail
receipt
or
return
electronic
receipt
from
the
36
person
to
whom
the
contract
was
sent.
If
the
delivery
is
made
electroni
-
37
cally,
with
return
electronic
receipt,
and
the
district
has
not
received
a
38
return
of
a
signed
contract
and
has
not
received
an
electronic
read
receipt
39
from
the
employee,
the
district
shall
then
resend
the
original
electroni
-
40
cally
delivered
contract
to
the
employee
via
certified
mail,
return
receipt
41
requested,
and
provide
such
individual
with
a
new
date
for
contract
return.
42
Should
the
person
willfully
refuse
to
acknowledge
receipt
of
the
contract
or
43
the
contract
is
not
signed
and
returned
to
the
board
in
the
designated
period
44
of
time
or
if
no
designated
period
of
time
is
set
by
the
board,
the
default
45
time,
the
board
or
its
designee
may
declare
the
position
vacant.
46
(a)
The
board
of
trustees
shall
withhold
the
salary
of
any
teacher
who
47
does
not
hold
a
teaching
certificate
valid
in
this
state.
It
shall
not
48
contract
to
require
any
teacher
to
make
up
time
spent
in
attending
any
49
6
meeting
called
by
the
state
board
of
education
or
by
the
state
superin
-
1
tendent
of
public
instruction
;
nor
while
attending
regularly
scheduled
2
official
meetings
of
the
state
teachers
association
.
3
(b)
No
contract
shall
be
issued
for
the
next
ensuing
year
until
such
4
time
as
the
employee's
formal
written
performance
evaluation
has
been
5
completed.
6
(c)
If
applicable
student
data
relating
to
Idaho's
standards
achieve
-
7
ment
test
has
not
been
received
by
the
district
within
thirty
(30)
days
8
of
the
deadline
to
complete
the
formal
written
performance
evaluation
9
for
district
employees,
the
school
district
or
charter
school
shall
10
utilize
one
(1)
of
the
other
objective
measures
of
growth
in
student
1
1
achievement
as
determined
by
the
board
of
trustees
or
governing
board,
12
not
including
Idaho's
standards
achievement
test,
in
order
to
complete
13
the
required
student
achievement
component
of
performance
evaluations.
14
2.
(2)
In
the
case
of
school
districts
other
than
elementary
school
15
districts,
to
employ
a
superintendent
of
schools
for
a
term
not
to
exceed
16
three
(3)
years,
who
shall
be
the
executive
officer
of
the
board
of
trustees
17
with
such
powers
and
duties
as
the
board
may
prescribe.
The
superintendent
18
shall
also
act
as
the
authorized
representative
of
the
district
whenever
19
such
is
required,
unless
some
other
person
shall
be
named
by
the
board
of
20
trustees
to
act
as
its
authorized
representative.
The
board
of
trustees
21
shall
conduct
an
annual,
written
formal
evaluation
of
the
work
of
the
su
-
22
perintendent
of
the
district
to
be
completed
no
later
than
June
1.
The
23
evaluation
shall
indicate
the
strengths
and
weaknesses
of
the
superinten
-
24
dent's
job
performance
in
the
year
immediately
preceding
the
evaluation
and
25
areas
where
improvement
in
the
superintendent's
job
performance,
in
the
view
26
of
the
board
of
trustees,
is
called
for.
27
3.
(3)
To
employ
through
written
contract
principals
who
shall
hold
a
28
valid
certificate
appropriate
to
the
position
for
which
they
are
employed,
29
who
shall
supervise
the
operation
and
management
of
the
school
in
accordance
30
with
the
policies
established
by
the
board
of
trustees
and
who
shall
be
under
31
the
supervision
of
the
superintendent.
32
4.
(4)
To
employ
assistant
superintendents
and
principals
for
a
term
33
not
to
exceed
two
(2)
years.
Service
performed
under
such
contract
shall
34
be
included
in
meeting
the
provisions
of
section
33
-
515,
Idaho
Code,
as
a
35
teacher
and
persons
eligible
for
a
renewable
contract
as
a
teacher
shall
re
-
36
tain
such
eligibility.
The
superintendent,
the
superintendent's
designee,
37
or
in
a
school
district
that
does
not
employ
a
superintendent,
the
board
38
of
trustees,
shall
conduct
an
annual,
written
evaluation
of
each
such
em
-
39
ployee's
performance
to
be
completed
no
later
than
June
1.
40
5.
(5)
To
suspend,
grant
leave
of
absence,
place
on
probation
or
dis
-
41
charge
certificated
professional
personnel
for
a
material
violation
of
any
42
lawful
rules
or
regulations
of
the
board
of
trustees
or
of
the
state
board
of
43
education,
or
for
any
conduct
which
that
could
constitute
grounds
for
revo
-
44
cation
of
a
teaching
certificate.
Any
certificated
professional
employee,
45
except
the
superintendent,
may
be
discharged
during
a
contract
term
under
46
the
following
procedures:
47
(a)
The
superintendent
or
any
other
duly
authorized
administrative
of
-
48
ficer
of
the
school
district
may
recommend
the
discharge
of
any
certifi
-
49
7
cated
employee
by
filing
with
the
board
of
trustees
written
notice
spec
-
1
ifying
the
alleged
reasons
for
discharge.
2
(b)
Upon
receipt
of
such
notice,
the
board,
acting
through
its
duly
3
authorized
administrative
official,
shall
give
the
affected
employee
4
written
notice
of
the
allegations
and
the
recommendation
of
discharge,
5
along
with
written
notice
of
a
hearing
before
the
board
prior
to
any
de
-
6
termination
by
the
board
of
the
truth
of
the
allegations.
7
(c)
The
hearing
shall
be
scheduled
to
take
place
not
less
than
six
(6)
8
days
nor
more
than
twenty
-
one
(21)
days
after
receipt
of
the
notice
by
9
the
employee.
The
date
provided
for
the
hearing
may
be
changed
by
mutual
10
consent.
1
1
(d)
The
hearing
shall
be
public
unless
the
employee
requests
in
writing
12
that
it
be
in
executive
session.
13
(e)
All
testimony
at
the
hearing
shall
be
given
under
oath
or
affirma
-
14
tion.
Any
member
of
the
board,
or
the
clerk
of
the
board,
may
administer
15
oaths
to
witnesses
or
affirmations
by
witnesses.
16
(f)
The
employee
may
be
represented
by
legal
counsel
and/or
by
a
repre
-
17
sentative
of
a
local
or
state
teachers
association.
18
(g)
The
chairman
of
the
board
or
the
designee
of
the
chairman
shall
con
-
19
duct
the
hearing.
20
(h)
The
board
shall
cause
an
electronic
record
of
the
hearing
to
be
made
21
or
shall
employ
a
competent
reporter
to
take
stenographic
or
stenotype
22
notes
of
all
the
testimony
at
the
hearing.
A
transcript
of
the
hearing
23
shall
be
provided
at
cost
by
the
board
upon
request
of
the
employee.
24
(i)
At
the
hearing,
the
superintendent
or
other
duly
authorized
admin
-
25
istrative
officer
shall
present
evidence
to
substantiate
the
allega
-
26
tions
contained
in
such
notice.
27
(j)
The
employee
may
produce
evidence
to
refute
the
allegations.
Any
28
witness
presented
by
the
superintendent
or
by
the
employee
shall
be
sub
-
29
ject
to
cross
-
examination.
The
board
may
also
examine
witnesses
and
be
30
represented
by
counsel.
31
(k)
The
affected
employee
may
file
written
briefs
and
arguments
with
32
the
board
within
three
(3)
days
after
the
close
of
the
hearing
or
such
33
other
time
as
may
be
agreed
upon
on
by
the
affected
employee
and
the
34
board.
35
(l)
Within
fifteen
(15)
days
following
the
close
of
the
hearing,
the
36
board
shall
determine
and,
acting
through
its
duly
authorized
adminis
-
37
trative
official,
shall
notify
the
employee
in
writing
whether
the
evi
-
38
dence
presented
at
the
hearing
established
the
truth
of
the
allegations
39
and
whether
the
employee
is
to
be
retained,
immediately
discharged,
or
40
discharged
upon
termination
of
the
current
contract.
41
(m)
If
the
employee
appeals
the
decision
of
the
board
of
trustees
to
42
the
district
court,
the
district
court
may
affirm
the
board's
decision
43
or
set
it
aside
and
remand
the
matter
to
the
board
of
trustees
upon
on
44
the
following
grounds
and
shall
not
set
the
same
aside
for
any
other
45
grounds:
46
(i)
That
the
findings
of
fact
are
not
based
upon
on
any
substan
-
47
tial,
competent
evidence;
48
(ii)
That
the
board
of
trustees
has
acted
without
jurisdiction
or
49
in
excess
of
its
authority;
or
50
8
(iii)
That
the
findings
by
the
board
of
trustees
as
a
matter
of
law
1
do
not
support
the
decision.
2
(n)
The
determination
of
the
board
of
trustees
shall
be
affirmed
unless
3
the
court
finds
that
the
action
of
the
board
of
trustees
was:
4
(i)
In
violation
of
constitutional
or
statutory
provisions;
5
(ii)
In
excess
of
the
statutory
authority
of
the
board;
6
(iii)
Made
upon
on
unlawful
procedure;
or
7
(iv)
Arbitrary,
capricious
or
an
abuse
of
discretion.
8
(o)
Record
augmentation
on
appeal:
9
(i)
If,
before
the
date
set
for
any
hearing
at
the
district
court,
10
application
is
made
to
the
court
for
leave
to
present
additional
1
1
evidence
and
it
is
shown
to
the
satisfaction
of
the
court
that
the
12
additional
evidence
is
material,
relates
to
the
validity
of
the
13
board
action
and
that
there
was
good
cause
for
failure
to
present
14
it
in
the
proceeding
before
the
board,
then
the
court
may
remand
15
the
matter
to
the
board
with
direction
that
the
board
receive
addi
-
16
tional
evidence
and
conduct
additional
fact
-
finding;
17
(ii)
Any
party
desiring
to
augment
the
transcript
or
record
may
18
file
a
motion
in
the
same
manner
and
pursuant
to
the
same
procedure
19
for
augmentation
of
the
record
in
appeals
to
the
supreme
court;
and
20
(iii)
The
board
may
modify
its
action
by
reason
of
the
additional
21
evidence
and
shall
file
any
modifications,
new
findings
or
deci
-
22
sions
with
the
reviewing
court.
23
6.
(6)
To
grant
an
employee's
request
for
voluntary
leave
of
absence.
24
The
board
of
trustees
may
delegate
ongoing
authority
to
grant
an
employee's
25
request
for
voluntary
leave
of
absence
to
the
district's
superintendent
or
26
other
designee.
Upon
the
superintendent
or
designee's
granting
of
an
em
-
27
ployee's
request
for
voluntary
leave
of
absence,
the
board
shall
ratify
or
28
nullify
the
action
at
the
next
regularly
scheduled
board
meeting.
29
7.
(7)
To
delegate
to
the
superintendent
or
other
designee
the
ongo
-
30
ing
authority
to
place
any
employee
on
a
period
of
involuntary
leave
of
ab
-
31
sence
should
the
superintendent
or
designee
believe
that
such
action
is
in
32
the
best
interest
of
the
district.
Upon
the
superintendent
or
designee's
ac
-
33
tion
to
place
a
certificated
employee
on
a
period
of
involuntary
leave
of
ab
-
34
sence,
the
board
shall
ratify
or
nullify
the
action
of
the
superintendent
or
35
designee
at
the
next
regularly
scheduled
meeting
of
the
board
or
at
a
special
36
meeting
of
the
board
should
the
next
regularly
scheduled
meeting
of
the
board
37
not
be
within
a
period
of
twenty
-
one
(21)
days
from
the
date
of
the
action.
38
(a)
Where
there
is
a
criminal
court
order
preventing
the
certificated
39
employee
from
being
in
the
presence
of
minors
or
students,
preventing
40
the
employee
from
being
in
the
presence
of
any
other
adult
individual
41
employed
at
the
school
or
detaining
the
employee
in
prison
or
jail,
the
42
certificated
employee's
involuntary
leave
of
absence
shall
be
without
43
pay
due
to
the
certificated
employee's
inability
to
perform
the
essen
-
44
tial
functions
of
the
employee's
position.
Without
such
a
condition
or
45
situation,
the
involuntary
leave
of
absence
shall
be
with
pay.
46
(i)
During
the
period
of
involuntary
leave
of
absence
without
47
pay,
the
salary
of
the
certificated
employee
will
be
maintained
48
in
a
district
-
managed
account.
Should
the
certificated
employee
49
return
to
the
district
for
active
employment
subsequent
to
the
50
9
removal
or
dismissal
of
the
court
order,
acquittal
or
adjudication
1
of
innocence,
the
district
shall
remit
the
salary
funds,
less
the
2
cost
incurred
by
the
district
for
the
substitute
hired
to
replace
3
the
certificated
employee.
Further,
should
the
certificated
em
-
4
ployee
return
to
the
district
under
the
provisions
established
5
in
this
subsection,
the
district
shall
arrange
to
have
the
cer
-
6
tificated
employee
credited
with
the
public
employee
retirement
7
system
of
Idaho
(PERSI)
for
the
certificated
employee's
time
away
8
from
work
during
the
period
of
leave
of
absence.
9
(ii)
During
the
period
of
involuntary
leave
of
absence,
the
dis
-
10
trict
shall
continue
to
pay
the
district's
portion
of
monthly
1
1
costs
associated
with
the
certificated
employee's
health
insur
-
12
ance
benefits.
The
assumption
of
this
payment
by
the
district
13
shall
not
alter
the
certificated
employee's
financial
obliga
-
14
tions,
if
any,
under
the
policy.
15
(b)
Should
there
be
dual
court
orders
preventing
more
than
one
(1)
em
-
16
ployee
from
being
in
the
presence
of
one
(1)
or
more
other
employees,
all
17
employees
subject
to
the
court
order
shall
be
excluded
from
the
school
18
pursuant
to
subsection
7.(a)
of
this
section
paragraph
(a)
of
this
sub
-
19
section
.
20
(c)
If
the
period
of
involuntary
leave
of
absence
is
due
to
the
dis
-
21
trict's
need
to
conduct
an
investigation
into
the
conduct
of
the
cer
-
22
tificated
employee,
and
there
are
no
related
criminal
investigation(s)
23
and/or
investigations
or
criminal
charges
of
any
nature
pending,
the
24
administration
shall
complete
its
investigation
within
a
period
of
25
sixty
(60)
working
days.
On
or
before
the
sixtieth
working
day,
the
26
administrative
leave
shall
either
cease
and
the
certificated
employee
27
shall
be
returned
to
his
position
of
employment
or
the
administration
28
shall
advance
a
personnel
recommendation
to
the
board
of
trustees.
If
29
a
recommendation
is
advanced,
the
involuntary
leave
of
absence
shall
30
continue
until
such
time
as
the
district
board
has
made
its
decision
in
31
regard
to
the
personnel
recommendation
with
such
decision
effectively
32
concluding
the
involuntary
leave
of
absence.
If
a
related
criminal
33
investigation
is
occurring
and/or
or
criminal
charges
are
pending,
the
34
district
shall
not
be
bound
to
any
limitation
as
to
the
duration
of
in
-
35
voluntary
leave
of
absence.
The
timelines
established
in
this
section
36
may
be
waived
or
modified
by
mutual
agreement.
37
SECTION
3.
That
Section
33
-
1271,
Idaho
Code,
be,
and
the
same
is
hereby
38
amended
to
read
as
follows:
39
33
-
1271.
SCHOOL
DISTRICTS
-
-
PROFESSIONAL
EMPLOYEES
-
-
NEGOTIATION
40
AGREEMENTS.
(1)
The
board
of
trustees
of
each
school
district,
includ
-
41
ing
specially
chartered
districts,
or
the
designated
representative(s)
42
representatives
of
such
district,
is
hereby
empowered
to
and
shall,
upon
43
its
own
initiative
or
upon
the
request
of
a
local
education
organization
44
representing
a
majority
of
the
professional
employees,
enter
into
a
nego
-
45
tiation
agreement
with
the
local
education
organization
or
the
designated
46
representative(s)
representatives
of
such
organization.
47
(1)
(2)
The
parties
to
such
negotiations
shall
negotiate
in
good
faith
48
on
those
matters
specified
in
any
such
negotiation
agreement
between
the
lo
-
49
10
cal
board
of
trustees
and
the
local
education
organization
,
unless
otherwise
1
prohibited
by
section
44
-
2803,
Idaho
Code,
or
any
other
applicable
law
.
2
(2)
(3)
A
request
for
negotiations
may
be
initiated
by
either
party
to
3
such
negotiation
agreement.
4
(3)
(4)
Upon
either
party
making
a
request
for
negotiations,
the
lo
-
5
cal
education
organization,
upon
board
request,
shall
provide
to
the
dis
-
6
trict
written
evidence
establishing
that
the
local
education
organization
7
represents
fifty
percent
(50%)
plus
one
(1)
of
the
professional
employees
8
for
negotiations.
If
requested
by
the
board,
the
local
education
organiza
-
9
tion
shall
establish
this
representative
status
on
an
annual
basis,
prior
to
10
the
commencement
of
negotiations.
In
order
to
establish
a
local
education
1
1
organization's
representative
status,
a
local
education
organization
must
12
show
that
within
the
last
two
(2)
years,
fifty
percent
(50%)
plus
one
(1)
of
13
the
professional
employees,
as
defined
in
section
33
-
1272,
Idaho
Code,
in
-
14
dicated
agreement
to
be
represented
by
the
local
education
organization
for
15
negotiation
purposes.
Evidence
of
fifty
percent
(50%)
plus
one
(1)
incon
-
16
sistent
with
this
provision
shall
not
be
counted
in
the
establishment
of
rep
-
17
resentative
status.
18
(4)
(5)
Accurate
records
or
minutes
of
the
proceedings
shall
be
kept
and
19
shall
be
available
for
public
inspection
at
the
office
of
the
affected
school
20
district
during
normal
business
hours.
21
(5)
(6)
Joint
ratification
of
all
final
offers
of
settlement
shall
be
22
made
in
open
meetings.
Each
party
must
provide
written
evidence
confirming
23
to
the
other
that
majority
ratification
has
occurred.
24
SECTION
4.
That
Section
33
-
1275,
Idaho
Code,
be,
and
the
same
is
hereby
25
amended
to
read
as
follows:
26
33
-
1275.
TERMS
OF
AGREEMENTS.
(1)
All
agreements,
by
any
name
or
ti
-
27
tle,
entered
into
pursuant
to
the
provisions
of
this
act,
shall
have
a
one
28
(1)
year
duration
of
July
1
through
June
30
of
the
ensuing
fiscal
year.
The
29
parties
shall
not
have
the
authority
to
enter
into
any
agreement
negotiated
30
under
the
provisions
of
this
act
that
has
any
term
that
allows
for
such
agree
-
31
ment
or
any
provision
of
such
agreement
to
be
in
any
force
or
effect
for
mul
-
32
tiple
years
or
indefinitely,
or
otherwise
does
not
expire
on
its
own
terms
on
33
or
before
June
30
of
the
ensuing
fiscal
year.
34
(2)
Notwithstanding
the
provisions
of
subsection
(1)
of
this
section,
35
upon
mutual
ratification,
any
item
other
than
compensation
and
benefits
as
36
defined
in
subsection
(3)
of
this
section
of
any
agreement
entered
into
pur
-
37
suant
to
this
act
may
have
a
nonrolling
two
(2)
year
duration
with
a
desig
-
38
nated
start
date
and
end
date.
A
second
year
term
for
any
item
not
defined
in
39
subsection
(3)
of
this
section
cannot
be
added,
automatically
or
by
mutual
40
consent,
back
into
the
agreement
after
the
expiration
of
the
first
year
but
41
rather
may
be
addressed
by
the
parties
at
the
expiration
of
the
end
date
of
42
the
two
(2)
year
term.
43
(3)
For
purposes
of
this
section,
"compensation"
means
salary
and
ben
-
44
efits
for
professional
employees.
"Benefits"
means
employee
insurance,
45
leave
time
and
sick
leave
benefits.
46
(4)
No
agreement
by
any
name
or
title
that
is
entered
into
pursuant
to
47
the
provisions
of
this
section
or
otherwise
may
require
or
permit
a
school
48
district,
including
specially
chartered
districts,
to
use
taxpayer
funding
49
11
to
promote
a
local
education
organization
or
its
affiliate
in
a
manner
pro
-
1
hibited
by
section
44
-
2803,
Idaho
Code.
Any
provision
of
an
agreement
in
vi
-
2
olation
of
this
subsection
shall
be
null
and
void,
contrary
to
public
policy,
3
and
of
no
legal
force
or
effect.
4
SECTION
5.
SEVERABILITY.
The
provisions
of
this
act
are
hereby
declared
5
to
be
severable
and
if
any
provision
of
this
act
or
the
application
of
such
6
provision
to
any
person
or
circumstance
is
declared
invalid
for
any
reason,
7
such
declaration
shall
not
affect
the
validity
of
the
remaining
portions
of
8
this
act.
9
SECTION
6.
APPLICABILITY.
The
provisions
of
this
act
shall
apply
to
all
10
contracts
entered
into
or
amended
on
or
after
July
1,
2026,
and
shall
apply
to
1
1
any
renewal
or
extension
of
any
existing
contract
on
or
after
that
date.
12
SECTION
7.
An
emergency
existing
therefor,
which
emergency
is
hereby
13
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
14
July
1,
2026.
15