[Vision2020] Tom Trail Rocks Socks! Oh and asks really good questions!

[TIM RIGSBY]

THANK YOU TOM TRAIL!!!!
 
Attorney General: Loss of funding for ISTARS doesn’t give continuing contract rights back
January 31st, 2008 · 3 Comments

During the past couple of months many IEA members have asked Sup’t. Luna this question:  If a teacher forfeits her/his continuing contract rights in order to receive a pay raise, what happens if the legislature someday pulls the funding for ISTARS?  That question was posed to Sup’t. Luna last week by Rep. Tom Trail (R-Moscow) during the legislative hearings on the two alternative pay bills–ISTARS and weTEACH.  Sup’t. Luna responded to Rep. Trail as he has to teachers throughout the state:  The teacher would get her/his continuing contract rights back.
Unable to find that assurance either in current Idaho law or in Sup’t. Luna’s ISTARS bill (SB 1310), Rep. Trail decided to put that question to Idaho’s Attorney General.  On Wednesday (1/30) Rep. Trail received a response, and today he authorized the IEA to release it to our members.
Quoting from portions of the AG’s opinion:
* “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.”
* “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.’”
* “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 . . . 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.”
* “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.”
As the debate on this issue progresses in coming days, we suspect this opinion will be of interest not only to Idaho’s teachers but to many legislators, as well. " 'Politics is the art of controlling your environment.' That is one of the key things I learned in these years, and I learned it the hard way. Anybody who thinks that 'it doesn't matter who's President' has never been Drafted and sent off to fight and die in a vicious, stupid War on the other side of the World -- or been beaten and gassed by Police for trespassing on public property -- or been hounded by the IRS for purely political reasons -- or locked up in the Cook County Jail with a broken nose and no phone access and twelve perverts wanting to stomp your ass in the shower. That is when it matters who is President or Governor or Police Chief. That is when you will wish you had voted." - Hunter S. Thompson
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