[Vision2020] Interesting Blog from reporter Betsey Russell on iSTARS

[ttrail at moscow.com]

Constituents:   This blog this came out in Boise from reporter Betsey Russell.

Rep. Trail

________________________________________
Trail: AG's opinion a 'bombshell' on iSTARS
Rep. Tom Trail, R-Moscow, requested an Idaho attorney general's opinion on
a troubling question he said was raised by state Superintendent of Schools
Tom Luna's "iSTARS" teacher pay plan: What happens to a teacher who gives
up continuing contract rights in exchange for higher pay, but then finds
that the Legislature hasn't allocated enough money for the extra pay? Luna
said at a public hearing last week that in that case, the teacher could
return to continuing contract status. But the attorney general's opinion
found otherwise, and raised other questions about iSTARS as well, including
whether teachers would have to sue school districts. "If you read the
attorney general's opinion, Mr. Luna is 100 percent wrong," Trail said, and
iSTARS is "not only unworkable, but it very potentially is constitutionally
flawed." He added, "I don't think he really realizes what a bombshell he
has on his hands." Luna, asked about the opinion, said he thought it was
"highly unlikely" that lawmakers wouldn't fund the plan once they'd passed
it. He added, "It is one attorney's opinion." Click below to read the full
opinion.

 January 30, 2008
The Honorable Tom Trail
Idaho House of Representatives
VIA HAND DELIVERY
Re: Our File No. 08-21617 - ISTARS Legislation
Dear Representative Trail:
You have asked for guidance regarding the proposed ISTARS legislation. As I
understand your request, you want to know what will happen if a teacher
agrees to become a Category 4 contract teacher and the Legislature cuts off
funding for the ISTARS program. Your request specifically seeks guidance as
to whether the Category 4 contract teacher will regain continuing contract
status, whether pursuant to the ISTARS legislation or somewhere else in
Idaho Code.

As currently configured, the ISTARS legislation does not address the
situation involving a lack of state funding for the Category 4 contract
teacher. Nor is there any other provision in the Idaho Code that would
provide for a Category 4 contract teacher returning to continuing contract
status.

The ISTARS program makes very clear that a certificated employee who
chooses to sign a Category 4 contract "is irrevocably terminating any
rights to a category 3 contract or to a renewable contract...." See Section
2 of Senate Bill 1310 (proposed Idaho Code 33-514B (1)). The ISTARS program
specifically proposes to amend Idaho Code 33-515 (Issuance of Renewable
Contracts) to exclude Category 4 contracts. The admonition regarding the
permanent loss of continuing contract rights as a result of signing a
Category 4 contract is reiterated in Section 6 of S1310 (proposed Idaho
Code 33-1004 (4)(b) and 33-1004 (4c)).

Moreover, the ISTARS program appears to deny school districts the ability
to amend or alter Category 4 contracts or the awards to be paid pursuant to
them. See Section 6 of S1310 (proposed Idaho Code 33-10041(8)). Thus, the
ISTARS program not only makes very clear that a teacher who signs a
Category 4 contract gives up any right to continuing contract status at the
time of signing or in the future but also appears to severely limit a
school district's ability to alter the contract status with a Category 4
contract teacher.

The ability of a school district to alter or amend its contractual
relationship with a
certificated employee is further limited by case law in Idaho that
establishes that a teacher's contract includes relevant statutory
provisions from the Idaho Code. See, Rhoades v. Idaho Falls School District
No. 91, 131 Idaho 827, 965 P.2d 187 (1998), and Brown v. Caldwell School
District No. 132, 127 Idaho 112, 898 P.2d 43 (1995). Therefore, the ISTARS
"awards" to Category 4 contract employees would become part of the
employee's contract with the school district or charter school. Contract
rights are protected by constitutional due process considerations, as would
be any reduction of compensation under a Category 4 contract during the
contract period.

Should the Legislature not fund ISTARS, the remedy of a Category 4
certificated employee would be against the school district or charter
school. The school may be liable for payment to the employee pursuant to
the Category 4 contract award provisions. As part of the relief sought by a
teacher, a court could order that a teacher be returned to continuing
contract status or have access to such status. However, such a result would
likely be on a case by case basis until the issue was ultimately resolved
by the Idaho Supreme Court.
I hope this letter has been of some assistance to you. If you have further
questions, do not hesitate to call upon me.
Very truly yours,
WILLIAM A. von TAGEN, Deputy Attorney General
Chief, Intergovernmental and Fiscal Law Division
Posted by Betsy  |  31 Jan 5:46 PM



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