[Vision2020] Interesting Blog from reporter Betsey Russell on iSTARS

[Tom Hansen]

And yet another fine example of Loony Luna's expertise.

Thanks, Rep. Trail

Tom Hansen
Moscow, Idaho

> 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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2007)

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