You Still Have Rights
Q: What rights do I have mid-contract?
A: This is one area where your rights remain the same, regardless of category/type of contract. If a school district attempts to terminate you during the term of your contract, they must provide you with a formal, due process hearing before the board, for which you have the right to representation; and they must prove just cause. If just cause is not established and the board votes to terminate, you have the right to a court appeal.
Q: If my local no longer has a grievance procedure, neither in the collective bargaining agreement, nor in board policy, how can I formally object to a violation of my rights?
A: There is nothing that prohibits an employee or a local association from proceeding with a grievance against the school district according to pre-existing procedure. Most grievance procedures reflect a good faith effort to document and resolve issues at the lowest possible level; increasing in formality and hierarchy only as earlier efforts fail. The school district is not compelled to comply, but the process is still the best logical course of action to resolve problems. Should the district refuse to engage in the process, contact your Region Director for legal options.
Q: Can my school district non-renew/terminate/RIF (reduction in force) me for union activities?
A: No. You are protected under the Constitution to participate in your local union. (First Amendment, Idaho Right to Work Law: 44-2003).
Q: What if I'm non-renewed/terminated/RIF'd under the pretense of something else but the real reason is my union involvement?
A: The vast majority of cases of retaliation for union activities are based on circumstantial evidence. Contact your Region Director if you suspect the district has taken action against you for union activities and/or involvement.
Q: If the Board offers me a proposed contract for the next ensuing year, how long do I have to sign and return it?
A: The board of trustees can determine the length of time required for employees to return contracts, but in no event can it be less than ten (10) days from the date the contract is delivered. If the board does not make a determination, the default time is twenty-one (21) days. 33-513, 1.
Q: If I am "grandfathered" as a renewable contract teacher, do I have the same protections as before if the district fails to offer me a position between annual contracts?
A: No. The new law allows the school district to non-renew your contract for reason (as opposed to cause). This means they do not have to provide competent evidence for "cause" that rises to the level of non-renewal. However, they still have to provide a formal, due process hearing (unless you are the subject of a RIF; see below) in which you have the right to representation. Should this happen to you, contact your Region Director. If there are inconsistencies, a court challenge is available as before. 33-513 (5)
Q: If I am "grandfathered" as a renewable contract teacher, what is required regarding notification of employment for the next ensuing school year?
A: The board is required to provide written notice by July 1, informing renewable contract teachers of their right of renewal and of their obligation to provide written acceptance of renewal by July 20. 33-515 (2)
Q: The prior law protected my salary, and the term of my contract, from being reduced except in the event of a financial emergency. Does that still stand?
A: No. The new law allows the board to renew teacher contracts for a shorter term, longer term or for the same length of term as stated in the current contract, and at a greater, lesser or equal salary to that stated in the current contract. 33-515, (3)
Q: If I have a Category A contract (first year or greater of continuous employment in the same school district), what expectation do I have for renewal of my contract for the subsequent school year?
A: The school district is required to provide at least one evaluation prior to non-renewal (except due to a RIF) and must provide a written statement of reasons for non-reemployment by no later than July 1. However, the school district does not have to provide a due process hearing. 33-514 (2) (a)
Q: If I have a Category B contract (offered at the discretion of the school district to certificated personnel in their fourth or greater year of continuous employment with the same school district), what expectation do I have for renewal of my contract for the subsequent school year?
A: The school district may add an additional year to such a contract upon the expiration of the first year, resulting in a new two year contract. However, the school district may terminate the second year upon the conclusion of the first year in the event of a RIF. Also, should the school district make the decision to non-renew a Category B contract employee for the following year, they must provide a written statement of reasons for the decision by no later than July 1 and you may request an informal review of the decision by the board of trustees. No decision of non-renewal can be made until after the completion of a written evaluation, except if the decision is made pursuant to a RIF. 33-514 (2) (b)
Q: If I am RIF'd by the school district between annual contracts, am I still owed a due process hearing?
A: No. 33-515B (2)
Q: Is it true that the law now prohibits school districts from considering my seniority when a decision is made to RIF employees?
A: Yes. 33-515B (3) However, contract language can be bargained to set criteria for guidance in the case of RIF. Criteria establishing qualifications (academic background, number of years in subject area, etc.) is separate and apart from seniority and can be legally incorporated into RIF procedure. Existing board policy can also be applied with the exception that "seniority" (length of time employed in the school district) cannot be included as a criterion for RIF.
Q: If I am RIF'd for reasons other than a true need for the district to reduce the number of employees, do I have any recourse?
A: Yes. For example, if the district perceives your performance to be sub-standard, or some other reason unrelated to reduction in student enrollment, and decides to take advantage of the new law to get rid of you "the easy way," they are not allowed, under the law, to do so. If you suspect that the school district is using the RIF statute for reasons other than the need to reduce staff, contact your Region Director.
Q: If I am RIF'd, am I eligible for unemployment insurance?
A: Yes.
Q: Is it true that "contracts" are gone?
A: No. First, there are two types of contracts to consider. Your individual teacher contract defines the term (length of time) of your employment and the rate of pay. It also legally "links" you to board policy, your collective bargaining agreement and Idaho Code. The other "contract" to consider is the collective bargaining agreement which is negotiated by your local union and the school board. This contract defines your salary, benefits and all related working conditions. Neither is gone. Your individual contract will be issued as always. But under the new law, your collective bargaining agreement will terminate June 30, 2011. (The IEA/NEA is challenging this part of the law.) This means that the terms of the contract will have to be re-negotiated. However, there is nothing in the law to prohibit the board and the local union to mutually agree to "roll over" the terms and conditions of the collective bargaining agreement each year and focus negotiations on items of their choosing.
Q: Will the salary schedule still reward me for credits I've earned and my years of experience (i.e. steps and lanes)?
A: Subject to negotiation. However, the statutory criteria for salary apportionment are based on credits and years of experience. In other words, your credits and years of experience, along with that of your colleagues, determine what the district receives from the state in salary apportionment. That law has not changed. Locals and school districts have traditionally agreed to salary schedules that reflect the same criteria used to establish the state apportionment. There is really no reason why the collective bargaining agreement would not continue to reflect those criteria. It's the fair way to pay you.
Q: What is the district required to do for my evaluation?
A: The district is required to provide one (1) evaluation but in two parts. The first part must be completed by February 1 and must include input from parents and guardian of students. For evaluations after June 30, 2012 a second part will be provided, half of which will be based on objective measure(s) of growth in student achievement. 33-514 (4)
Q: Is my personnel file confidential as it was before?
A: Beginning September 1, 2011, any applicant for employment who is currently or was previously employed by a school district shall be requested to sign a release authorizing current and past employers to release all information relating to job performance and/or job related conduct to the hiring school district. 33-1210 (2)
Q: What if I apply for a job and refuse to sign a release as described above?
A: The law specifically prohibits a school district from hiring an applicant who refuses to sign a release of all past job related records. 33-1210 (6)
Q: Will it still be possible to negotiate a severance agreement with my school district?
A: Beginning September 1, 2011, school districts will be specifically prohibited from entering into any contract or agreement that suppresses or expunges any job performance documents from the employees' personnel file. 33-1210 (9)
Q: Are my rights still preserved under the previous employee personnel files statute?
A: Yes. That law remains unchanged. The personnel file maintained by the district must contain any and all material relevant to the evaluation of the employee. The district must give timely notice of all materials added to a personnel file and the employee is entitled to attach a rebuttal to any such materials. If the district has failed to meet the conditions of the law, the employee may demand that those materials be removed. 33-518
