Idaho school teachers who earned $38.8 million in merit-pay bonuses last year under the now-repealed “Students Come First” school reform laws still must be paid those bonuses for their work last school year, according to an Idaho Attorney General's opinion released today by state Superintendent of Schools Tom Luna. “This is very good news,” Luna said. “I've been trying to do pay for performance since I was elected in '06.”
But Luna had raised questions about whether the repeal of the laws on Nov. 6 might stop the state's ability to make the payments for last year, which were scheduled to go out to school districts on Nov. 15. The legal opinion, signed by Deputy Attorney General Andrew J. Snook, found that the effective date of the repeal of the law is Nov. 21, when Idaho Secretary of State Ben Ysursa will convene the board of canvassers to certify the election results, after which Gov. Butch Otter will issue a formal proclamation. “Furthermore, the operative events that gave rise to teachers or administrators qualifying for Pay for Performance bonuses all occurred during the 2011-2012 school year,” the opinion said. Therefore, the law's provision that school districts can make the payments to teachers up to Dec. 15, 2012, still stands, as it's “merely ministerial” acts that occur between last school year and that date to get the payments made.
Voters overwhelmingly rejected all three referenda on the Nov. 6 ballot regarding the “Students Come First” laws, repealing all three laws. Proposition 2 was the merit-pay bonus plan.