HOUSE BILL NO. 566

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Bill Status



H0566aaS.......................................................by EDUCATION
SCHOOL EMPLOYEES - CRIMINAL HISTORY CHECKS - Amends existing law relating
to criminal history checks for school district employees or applicants for
certificates; to require additional individuals as specified to undergo a
criminal history check; to clarify provisions of a criminal history check;
to provide a copy of background checks to applicants upon request of the
applicant; to delete procedural provisions upon completion of a criminal
history check; to require the State Department of Education to maintain a
statewide list of substitute teachers; to revise duties of the boards of
trustees of school districts regarding criminal history checks on certain
certificated and noncertificated employees of the district and other
individuals; and to revise the duties of the boards of trustees to maintain
a safe environment for students.

02/26    House intro - 1st rdg - to printing
02/27    Rpt prt - to Educ
03/04    Rpt out - rec d/p - to 2nd rdg
03/05    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 65-2-3
      AYES -- Anderson, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock,
      Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Clark, Collins, Crane, Eskridge, Hagedorn, Hart, Harwood, Henbest,
      Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher,
      Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo, Roberts,
      Ruchti, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
      Shirley, Shively, Smith(30), Smith(24), Stevenson, Thayn, Thomas,
      Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- Andrus, Barrett
      Absent and excused -- Durst, Henderson, Snodgrass
    Floor Sponsor - Patrick
    Title apvd - to Senate
03/07    Senate intro - 1st rdg - to Educ
03/13    Rpt out - to 14th Ord
03/17    Rpt out amen - to 1st rdg as amen
03/18    1st rdg - to 2nd rdg as amen
03/19    2nd rdg - to 3rd rdg as amen
03/20    3rd rdg as amen - PASSED - 35-0-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Schroeder
    Title apvd - to House
03/21    House concurred in Senate amens - to engros
03/25    Rpt engros - 1st rdg - to 2nd rdg as amen
03/26    2nd rdg - to 3rd rdg as amen
    Rls susp - PASSED - 62-2-6
      AYES -- Anderson, Bayer, Bedke, Bilbao, Black, Block, Bock, Boe,
      Bolz, Bowers, Brackett, Chadderdon, Chavez, Chew, Clark, Collins,
      Crane, Durst, Eskridge, Hagedorn, Hart, Harwood, Henbest, Henderson,
      Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher,
      Luker, Marriott, Mathews, Mortimer, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Patrick, Pence, Raybould, Ringo, Roberts, Ruchti,
      Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08), Shirley,
      Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thomas, Trail,
      Vander Woude, Wills, Wood(35)
      NAYS -- Andrus, Barrett
      Absent and excused -- Bell, Bradford, McGeachin, Thayn, Wood(27), Mr.
      Speaker
    Floor Sponsor - Patrick
    Title apvd - to enrol - Rpt enrol - Sp signed
03/27    Pres signed
03/28    To Governor
04/01    Governor signed
         Session Law Chapter 349
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 566

                                   BY EDUCATION COMMITTEE

  1                                        AN ACT
  2    RELATING TO CRIMINAL HISTORY CHECKS FOR SCHOOL DISTRICT  EMPLOYEES  OR  APPLI-
  3        CANTS  FOR  CERTIFICATES;  AMENDING SECTION 33-130, IDAHO CODE, TO REQUIRE
  4        ADDITIONAL INDIVIDUALS AS SPECIFIED TO UNDERGO A CRIMINAL  HISTORY  CHECK,
  5        TO  CLARIFY  THE PROVISIONS OF A CRIMINAL HISTORY CHECK, TO PROVIDE A COPY
  6        OF BACKGROUND CHECKS TO APPLICANTS  UPON  REQUEST  OF  THE  APPLICANT,  TO
  7        DELETE  PROCEDURAL PROVISIONS UPON COMPLETION OF A CRIMINAL HISTORY CHECK,
  8        TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO MAINTAIN A STATEWIDE  LIST
  9        OF SUBSTITUTE TEACHERS AND TO REFER TO A DEFINITION OF SUBSTITUTE TEACHER;
 10        AND AMENDING SECTION 33-512, IDAHO CODE, TO REVISE DUTIES OF THE BOARDS OF
 11        TRUSTEES OF SCHOOL DISTRICTS REGARDING CRIMINAL HISTORY CHECKS ON ALL CER-
 12        TIFICATED AND NONCERTIFICATED EMPLOYEES OF THE DISTRICT AND OTHER INDIVID-
 13        UALS,  TO REVISE THE DUTIES OF BOARDS OF TRUSTEES TO MAINTAIN A SAFE ENVI-
 14        RONMENT FOR STUDENTS AND TO MAKE TECHNICAL CORRECTIONS.

 15    Be It Enacted by the Legislature of the State of Idaho:

 16        SECTION 1.  That Section 33-130, Idaho Code, be, and the  same  is  hereby
 17    amended to read as follows:

 18        33-130.  CRIMINAL  HISTORY  CHECKS FOR SCHOOL DISTRICT EMPLOYEES OR APPLI-
 19    CANTS FOR CERTIFICATES OR INDIVIDUALS HAVING CONTACT WITH STUDENTS  --  STATE-
 20    WIDE  LIST  OF  SUBSTITUTE  TEACHERS. The department of education, through the
 21    cooperation of the Idaho state police, shall establish a system  to  obtain  a
 22    criminal  history check on individuals to include, but is not limited to, cer-
 23    tificated and noncertificated employees, and all applicants  for  certificates
 24    pursuant  to  chapter  12, title 33, Idaho Code, substitute staff, individuals
 25    involved in other types of student training such  as  practicums  and  intern-
 26    ships, and on all individuals who have unsupervised contact with students in a
 27    K-12  setting.  The  criminal  history check shall be based on a completed ten
 28    (10) finger fingerprint card or scan and shall include, at a minimum, the fol-
 29    lowing state and national databases:
 30        (1)  Statewide Idaho bureau of criminal identification; bureau;
 31        (2)  Federal bureau of investigation (FBI) criminal history check; and
 32        (3)  National crime information center; and
 33        (4)  Statewide sex offender register.
 34        The state department of education shall charge all applicants  such  indi-
 35    viduals  a  fee  of  forty  dollars ($40.00) for undergoing a criminal history
 36    check pursuant to this section. The fee shall be  sufficient  to  cover  costs
 37    charged by the federal bureau of investigation, the state police and the state
 38    department of education. A record of all background checks shall be maintained
 39    at  the  state  department  of education in a data bank for all employees of a
 40    school district with a copy going to the applicant upon request.  The  depart-
 41    ment  of  education  shall  forward  to  all applicants for a criminal history
 42    check, notification that the fingerprint card has  been  destroyed  after  the
 43    background check has been completed. The department of education and the Idaho

                                       2

  1    state  police  shall ensure that fingerprint cards have been destroyed after a
  2    criminal history check has been completed.
  3        The state department of education shall maintain a statewide list of  sub-
  4    stitute teachers. The term "substitute teacher" shall have the meaning as pro-
  5    vided in section 33-512(15), Idaho Code.
  6        The  Idaho  state police and the department of education shall implement a
  7    joint exercise of  powers  agreement  pursuant  to  sections  67-2328  through
  8    67-2333, Idaho Code, necessary to implement the provisions of this section.

  9        SECTION  2.  That  Section  33-512, Idaho Code, be, and the same is hereby
 10    amended to read as follows:

 11        33-512.  GOVERNANCE OF SCHOOLS. The board of trustees of each school  dis-
 12    trict shall have the following powers and duties:
 13        (1)  To  fix  the  days  of the year and the hours of the day when schools
 14    shall be in session. However:
 15        (a)  Each school district shall annually adopt and implement a school cal-
 16        endar which provides its students at each grade level with  the  following
 17        minimum number of instructional hours:
 18                      Grades                             Hours
 19                       9-12                               990
 20                       4-8                                900
 21                       1-3                                810
 22                       K                                  450
 23        (b)  School  assemblies, testing and other instructionally related activi-
 24        ties involving students directly may be included in the required  instruc-
 25        tional hours.
 26        (c)  When  approved  by  a  local  school board, annual instructional hour
 27        requirements stated in paragraph (a) may be reduced as follows:
 28             (i)   Up to a total of twenty-two (22)  hours  to  accommodate  staff
 29             development  activities  conducted  on  such days as the local school
 30             board deems appropriate.
 31             (ii)  Up to a total of eleven (11) hours of emergency school closures
 32             due to adverse weather conditions and facility failures.
 33        However, transportation to and from school, passing times between classes,
 34        recess and lunch periods shall not be included.
 35        (d)  Student and staff activities related to the opening  and  closing  of
 36        the  school  year,  grade reporting, program planning, staff meetings, and
 37        other classroom and building management activities shall not be counted as
 38        instructional time or in the reductions provided in  paragraph  (c)(i)  of
 39        this section.
 40        (e)  For  multiple  shift programs, this rule applies to each shift (i.e.,
 41        each student must have access to the  minimum  annual  required  hours  of
 42        instructions).
 43        (f)  The  instructional  time  requirement  for  grade  12 students may be
 44        reduced by action of a local school board for an amount  of  time  not  to
 45        exceed eleven (11) hours of instructional time.
 46        (g)  The state superintendent of public instruction may grant an exemption
 47        from  the  provisions  of this section for an individual building within a
 48        district, when the closure of that building, for unforeseen circumstances,
 49        does not affect the attendance of other buildings within the district.
 50        (2)  To adopt and carry on, and provide for the financing of, a total edu-
 51    cational program for the district. Such  programs  in  other  than  elementary
 52    school  districts  may  include education programs for out-of-school youth and
 53    adults; and such districts may provide classes in kindergarten;

                                       3

  1        (3)  To provide, or require pupils to be provided with, suitable textbooks
  2    and supplies, and for advice on textbook selections  may  appoint  a  textbook
  3    adoption committee as provided in section 33-512A, Idaho Code;
  4        (4)  To protect the morals and health of the pupils;
  5        (5)  To exclude from school, children not of school age;
  6        (6)  To  prescribe  rules  for the disciplining of unruly or insubordinate
  7    pupils, including rules on student harassment, intimidation and bullying, such
  8    rules to be included in a district discipline code adopted  by  the  board  of
  9    trustees  and  a  summarized  version thereof to be provided in writing at the
 10    beginning of each school year to the teachers and students in the district  in
 11    a  manner  consistent  with  the  student's  age,  grade and level of academic
 12    achievement;
 13        (7)  To exclude from school, pupils with contagious or infectious diseases
 14    who are diagnosed or suspected as having a contagious or infectious disease or
 15    those who are not immune and have been exposed to a contagious  or  infectious
 16    disease; and to close school on order of the state board of health and welfare
 17    or local health authorities;
 18        (8)  To  equip  and maintain a suitable library or libraries in the school
 19    or schools and to exclude therefrom, and from the schools, all books,  tracts,
 20    papers, and catechisms of sectarian nature;
 21        (9)  To  determine  school  holidays. Any listing of school holidays shall
 22    include not less than the following: New Year's Day,  Memorial  Day,  Indepen-
 23    dence  Day,  Thanksgiving Day, and Christmas Day. Other days listed in section
 24    73-108, Idaho Code, if the same shall fall on a school day, shall be  observed
 25    with  appropriate  ceremonies;  and  any days the state board of education may
 26    designate, following the proclamation by the governor, shall be  school  holi-
 27    days;
 28        (10) To  erect  and maintain on each schoolhouse or school grounds a suit-
 29    able flagstaff or flagpole, and display thereon the flag of the United  States
 30    of America on all days, except during inclement weather, when the school is in
 31    session;  and  for each Veterans Day, each school in session shall conduct and
 32    observe an appropriate program of at least one (1)  class  period  remembering
 33    and honoring American veterans;
 34        (11) To  prohibit  entrance to each schoolhouse or school grounds, to pro-
 35    hibit loitering in schoolhouses or on school grounds and to  provide  for  the
 36    removal from each schoolhouse or school grounds of any individual or individu-
 37    als  who disrupt the educational processes or whose presence is detrimental to
 38    the morals, health, safety, academic learning or discipline of the  pupils.  A
 39    person  who  disrupts the educational process or whose presence is detrimental
 40    to the morals, health, safety, academic learning or discipline of  the  pupils
 41    or  who  loiters  in  schoolhouses or on school grounds, is guilty of a misde-
 42    meanor.
 43        (12) To supervise and regulate, including  by  contract  with  established
 44    entities,  those extracurricular activities which are by definition outside of
 45    or in addition to the regular academic  courses  or  curriculum  of  a  public
 46    school,  and  which extracurricular activities shall not be considered to be a
 47    property, liberty or contract right of any student, and  such  extracurricular
 48    activities  shall  not be deemed a necessary element of a public school educa-
 49    tion, but shall be considered to be a privilege.
 50        (13) To govern the school district in compliance with state law and  rules
 51    of the state board of education.
 52        (14) To  submit to the superintendent of public instruction not later than
 53    July 1 of each year documentation which meets the  reporting  requirements  of
 54    the  federal  gun-free  schools  act  of  1994 as contained within the federal
 55    improving America's schools act of 1994.

                                       4

  1        (15) To require that all persons hired for the first time by the  district
  2    or who have been in the employ of the district five (5) years or less, undergo
  3    a  criminal  history check as provided in section 33-130, Idaho Code. All such
  4    certificated and noncertificated employees who are required by the  provisions
  5    of  section  33-130,  Idaho  Code,  to  undergo a criminal history check shall
  6    obtain the history check within three (3) months of  starting  submit  a  com-
  7    pleted ten (10) finger fingerprint card or scan to the department of education
  8    no  later  than  five  (5)  days following the first day of employment, or for
  9    employees with five (5) years or less with  the  district,  within  three  (3)
 10    months from the date such employee is notified that he must undergo a criminal
 11    history  check. Such employees and other individuals shall pay the cost of the
 12    criminal history check. If the criminal history check shows that the  employee
 13    has  been  convicted  of  a  felony crime enumerated in section 33-1208, Idaho
 14    Code, it shall be grounds for immediate termination, dismissal or  other  per-
 15    sonnel action of the district, except that it shall be the right of the school
 16    district  to  evaluate  whether  an  individual  convicted of one (1) of these
 17    crimes and having been incarcerated for that crime shall be  hired.  The  dis-
 18    trict  may require any or all persons who have been employed continuously with
 19    the same district for more than five (5) years, to undergo a criminal  history
 20    check  as  provided  in  section 33-130, Idaho Code. If the district elects to
 21    require criminal history checks of such employees, the district shall pay  the
 22    costs  of the criminal history check or reimburse employees for such cost Pro-
 23    vided however, that any individual convicted of any felony offense  listed  in
 24    section 33-1208 2., Idaho Code, shall not be hired. For the purposes of crimi-
 25    nal  history  checks,  a  substitute teacher is any individual who temporarily
 26    replaces a certificated classroom educator and is paid  a  substitute  teacher
 27    wage  for  one  (1) day or more during a school year. A substitute teacher who
 28    has undergone a criminal history check at the request of one (1)  district  in
 29    which he has been employed as a substitute shall not be required to undergo an
 30    additional  criminal  history  check  at  the request of any other district in
 31    which he is employed as a substitute if the teacher has  obtained  a  criminal
 32    history  check  within  the  previous three five (35) years.   If the district
 33    next employing the substitute still elects to require another criminal history
 34    check within the three five  (35) year period, that  district  shall  pay  the
 35    cost  of  the  criminal  history check or reimburse the substitute teacher for
 36    such cost. To remain on the statewide substitute teacher  list  maintained  by
 37    the  state  department  of  education,  the substitute teacher shall undergo a
 38    criminal history check every five (5) years.
 39        (16)  Each board of trustees of a school district shall be responsible for
 40    To maintain a safe environment for students by developing a system for  regis-
 41    tering  volunteers  or that cross-checks all contractors consistent with main-
 42    taining a safe environment for their or other persons who have irregular  con-
 43    tact with students against the statewide sex offender register.
 44        (17) To  provide  support for teachers in their first two (2) years in the
 45    profession in the areas of: administrative and supervisory support, mentoring,
 46    peer assistance and professional development.

Amendment




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                                     Moved by    Goedde

                                                     Seconded by Bastian 


                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 566

  1                               AMENDMENTS TO SECTION 2
  2        On page 4 of the printed bill, in line 4,  following  "employees"  insert:
  3    "hired  on or after July 1, 2008, and other individuals"; and in line 11, fol-
  4    lowing "check" insert: "or unsupervised contact with students in a  K-12  set-
  5    ting, whichever is sooner".

  6                                 CORRECTION TO TITLE
  7        On page 1, in line 11, delete "ALL" and insert: "CERTAIN".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                        HOUSE BILL NO. 566, As Amended in the Senate

                                   BY EDUCATION COMMITTEE

  1                                        AN ACT
  2    RELATING TO CRIMINAL HISTORY CHECKS FOR SCHOOL DISTRICT  EMPLOYEES  OR  APPLI-
  3        CANTS  FOR  CERTIFICATES;  AMENDING SECTION 33-130, IDAHO CODE, TO REQUIRE
  4        ADDITIONAL INDIVIDUALS AS SPECIFIED TO UNDERGO A CRIMINAL  HISTORY  CHECK,
  5        TO  CLARIFY  THE PROVISIONS OF A CRIMINAL HISTORY CHECK, TO PROVIDE A COPY
  6        OF BACKGROUND CHECKS TO APPLICANTS  UPON  REQUEST  OF  THE  APPLICANT,  TO
  7        DELETE  PROCEDURAL PROVISIONS UPON COMPLETION OF A CRIMINAL HISTORY CHECK,
  8        TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO MAINTAIN A STATEWIDE  LIST
  9        OF SUBSTITUTE TEACHERS AND TO REFER TO A DEFINITION OF SUBSTITUTE TEACHER;
 10        AND AMENDING SECTION 33-512, IDAHO CODE, TO REVISE DUTIES OF THE BOARDS OF
 11        TRUSTEES  OF SCHOOL DISTRICTS REGARDING CRIMINAL HISTORY CHECKS ON CERTAIN
 12        CERTIFICATED AND NONCERTIFICATED EMPLOYEES OF THE DISTRICT AND OTHER INDI-
 13        VIDUALS, TO REVISE THE DUTIES OF BOARDS OF TRUSTEES  TO  MAINTAIN  A  SAFE
 14        ENVIRONMENT FOR STUDENTS AND TO MAKE TECHNICAL CORRECTIONS.

 15    Be It Enacted by the Legislature of the State of Idaho:

 16        SECTION  1.  That  Section  33-130, Idaho Code, be, and the same is hereby
 17    amended to read as follows:

 18        33-130.  CRIMINAL HISTORY CHECKS FOR SCHOOL DISTRICT EMPLOYEES  OR  APPLI-
 19    CANTS  FOR  CERTIFICATES OR INDIVIDUALS HAVING CONTACT WITH STUDENTS -- STATE-
 20    WIDE LIST OF SUBSTITUTE TEACHERS. The department  of  education,  through  the
 21    cooperation  of  the  Idaho state police, shall establish a system to obtain a
 22    criminal history check on individuals to include, but is not limited to,  cer-
 23    tificated  and  noncertificated employees, and all applicants for certificates
 24    pursuant to chapter 12, title 33, Idaho Code,  substitute  staff,  individuals
 25    involved  in  other  types  of student training such as practicums and intern-
 26    ships, and on all individuals who have unsupervised contact with students in a
 27    K-12 setting. The criminal history check shall be based  on  a  completed  ten
 28    (10) finger fingerprint card or scan and shall include, at a minimum, the fol-
 29    lowing state and national databases:
 30        (1)  Statewide Idaho bureau of criminal identification; bureau;
 31        (2)  Federal bureau of investigation (FBI) criminal history check; and
 32        (3)  National crime information center; and
 33        (4)  Statewide sex offender register.
 34        The  state  department of education shall charge all applicants such indi-
 35    viduals a fee of forty dollars ($40.00)  for  undergoing  a  criminal  history
 36    check  pursuant  to  this  section. The fee shall be sufficient to cover costs
 37    charged by the federal bureau of investigation, the state police and the state
 38    department of education. A record of all background checks shall be maintained
 39    at the state department of education in a data bank for  all  employees  of  a
 40    school  district  with a copy going to the applicant upon request. The depart-
 41    ment of education shall forward to  all  applicants  for  a  criminal  history
 42    check,  notification  that  the  fingerprint card has been destroyed after the
 43    background check has been completed. The department of education and the Idaho

                                       2

  1    state police shall ensure that fingerprint cards have been destroyed  after  a
  2    criminal history check has been completed.
  3        The  state department of education shall maintain a statewide list of sub-
  4    stitute teachers. The term "substitute teacher" shall have the meaning as pro-
  5    vided in section 33-512(15), Idaho Code.
  6        The Idaho state police and the department of education shall  implement  a
  7    joint  exercise  of  powers  agreement  pursuant  to  sections 67-2328 through
  8    67-2333, Idaho Code, necessary to implement the provisions of this section.

  9        SECTION 2.  That Section 33-512, Idaho Code, be, and the  same  is  hereby
 10    amended to read as follows:

 11        33-512.  GOVERNANCE  OF SCHOOLS. The board of trustees of each school dis-
 12    trict shall have the following powers and duties:
 13        (1)  To fix the days of the year and the hours of  the  day  when  schools
 14    shall be in session. However:
 15        (a)  Each school district shall annually adopt and implement a school cal-
 16        endar  which  provides its students at each grade level with the following
 17        minimum number of instructional hours:
 18                      Grades                             Hours
 19                       9-12                               990
 20                       4-8                                900
 21                       1-3                                810
 22                       K                                  450
 23        (b)  School assemblies, testing and other instructionally related  activi-
 24        ties  involving students directly may be included in the required instruc-
 25        tional hours.
 26        (c)  When approved by a local  school  board,  annual  instructional  hour
 27        requirements stated in paragraph (a) may be reduced as follows:
 28             (i)   Up  to  a  total  of twenty-two (22) hours to accommodate staff
 29             development activities conducted on such days  as  the  local  school
 30             board deems appropriate.
 31             (ii)  Up to a total of eleven (11) hours of emergency school closures
 32             due to adverse weather conditions and facility failures.
 33        However, transportation to and from school, passing times between classes,
 34        recess and lunch periods shall not be included.
 35        (d)  Student  and  staff  activities related to the opening and closing of
 36        the school year, grade reporting, program planning,  staff  meetings,  and
 37        other classroom and building management activities shall not be counted as
 38        instructional  time  or  in the reductions provided in paragraph (c)(i) of
 39        this section.
 40        (e)  For multiple shift programs, this rule applies to each  shift  (i.e.,
 41        each  student  must  have  access  to the minimum annual required hours of
 42        instructions).
 43        (f)  The instructional time requirement  for  grade  12  students  may  be
 44        reduced  by  action  of  a local school board for an amount of time not to
 45        exceed eleven (11) hours of instructional time.
 46        (g)  The state superintendent of public instruction may grant an exemption
 47        from the provisions of this section for an individual  building  within  a
 48        district, when the closure of that building, for unforeseen circumstances,
 49        does not affect the attendance of other buildings within the district.
 50        (2)  To adopt and carry on, and provide for the financing of, a total edu-
 51    cational  program  for  the  district.  Such programs in other than elementary
 52    school districts may include education programs for  out-of-school  youth  and
 53    adults; and such districts may provide classes in kindergarten;

                                       3

  1        (3)  To provide, or require pupils to be provided with, suitable textbooks
  2    and  supplies,  and  for  advice on textbook selections may appoint a textbook
  3    adoption committee as provided in section 33-512A, Idaho Code;
  4        (4)  To protect the morals and health of the pupils;
  5        (5)  To exclude from school, children not of school age;
  6        (6)  To prescribe rules for the disciplining of  unruly  or  insubordinate
  7    pupils, including rules on student harassment, intimidation and bullying, such
  8    rules  to  be  included  in a district discipline code adopted by the board of
  9    trustees and a summarized version thereof to be provided  in  writing  at  the
 10    beginning  of each school year to the teachers and students in the district in
 11    a manner consistent with the  student's  age,  grade  and  level  of  academic
 12    achievement;
 13        (7)  To exclude from school, pupils with contagious or infectious diseases
 14    who are diagnosed or suspected as having a contagious or infectious disease or
 15    those  who  are not immune and have been exposed to a contagious or infectious
 16    disease; and to close school on order of the state board of health and welfare
 17    or local health authorities;
 18        (8)  To equip and maintain a suitable library or libraries in  the  school
 19    or  schools and to exclude therefrom, and from the schools, all books, tracts,
 20    papers, and catechisms of sectarian nature;
 21        (9)  To determine school holidays. Any listing of  school  holidays  shall
 22    include  not  less  than the following: New Year's Day, Memorial Day, Indepen-
 23    dence Day, Thanksgiving Day, and Christmas Day. Other days listed  in  section
 24    73-108,  Idaho Code, if the same shall fall on a school day, shall be observed
 25    with appropriate ceremonies; and any days the state  board  of  education  may
 26    designate,  following  the proclamation by the governor, shall be school holi-
 27    days;
 28        (10) To erect and maintain on each schoolhouse or school grounds  a  suit-
 29    able  flagstaff or flagpole, and display thereon the flag of the United States
 30    of America on all days, except during inclement weather, when the school is in
 31    session; and for each Veterans Day, each school in session shall  conduct  and
 32    observe  an  appropriate  program of at least one (1) class period remembering
 33    and honoring American veterans;
 34        (11) To prohibit entrance to each schoolhouse or school grounds,  to  pro-
 35    hibit  loitering  in  schoolhouses or on school grounds and to provide for the
 36    removal from each schoolhouse or school grounds of any individual or individu-
 37    als who disrupt the educational processes or whose presence is detrimental  to
 38    the  morals,  health, safety, academic learning or discipline of the pupils. A
 39    person who disrupts the educational process or whose presence  is  detrimental
 40    to  the  morals, health, safety, academic learning or discipline of the pupils
 41    or who loiters in schoolhouses or on school grounds, is  guilty  of  a  misde-
 42    meanor.
 43        (12) To  supervise  and  regulate,  including by contract with established
 44    entities, those extracurricular activities which are by definition outside  of
 45    or  in  addition  to  the  regular  academic courses or curriculum of a public
 46    school, and which extracurricular activities shall not be considered to  be  a
 47    property,  liberty  or contract right of any student, and such extracurricular
 48    activities shall not be deemed a necessary element of a public  school  educa-
 49    tion, but shall be considered to be a privilege.
 50        (13) To  govern the school district in compliance with state law and rules
 51    of the state board of education.
 52        (14) To submit to the superintendent of public instruction not later  than
 53    July  1  of  each year documentation which meets the reporting requirements of
 54    the federal gun-free schools act of  1994  as  contained  within  the  federal
 55    improving America's schools act of 1994.

                                       4

  1        (15) To  require that all persons hired for the first time by the district
  2    or who have been in the employ of the district five (5) years or less, undergo
  3    a criminal history check as provided in section 33-130, Idaho Code.  All  such
  4    certificated and noncertificated employees hired on or after July 1, 2008, and
  5    other  individuals who are required by the provisions of section 33-130, Idaho
  6    Code, to undergo a criminal history  check  shall  obtain  the  history  check
  7    within three (3) months of starting submit a completed ten (10) finger finger-
  8    print  card or scan to the department of education no later than five (5) days
  9    following the first day of employment, or for employees with five (5) years or
 10    less with the district, within three (3) months from the date such employee is
 11    notified that he must undergo a criminal history check or unsupervised contact
 12    with students in a K-12 setting, whichever is sooner. Such employees and other
 13    individuals shall pay the cost of the criminal history check. If the  criminal
 14    history  check  shows  that  the employee has been convicted of a felony crime
 15    enumerated in section 33-1208, Idaho Code, it shall be grounds  for  immediate
 16    termination,  dismissal or other personnel action of the district, except that
 17    it shall be the right of the school district to evaluate whether an individual
 18    convicted of one (1) of these crimes and having  been  incarcerated  for  that
 19    crime  shall  be  hired.  The district may require any or all persons who have
 20    been employed continuously with the same  district  for  more  than  five  (5)
 21    years,  to  undergo  a  criminal  history check as provided in section 33-130,
 22    Idaho Code. If the district elects to require criminal history checks of  such
 23    employees,  the  district shall pay the costs of the criminal history check or
 24    reimburse employees for such cost Provided however, that any  individual  con-
 25    victed  of  any felony offense listed in section 33-1208 2., Idaho Code, shall
 26    not be hired. For the  purposes  of  criminal  history  checks,  a  substitute
 27    teacher  is  any  individual who temporarily replaces a certificated classroom
 28    educator and is paid a substitute teacher wage for one (1) day or more  during
 29    a school year. A substitute teacher who has undergone a criminal history check
 30    at  the request of one (1) district in which he has been employed as a substi-
 31    tute shall not be required to undergo an additional criminal history check  at
 32    the  request  of any other district in which he is employed as a substitute if
 33    the teacher has obtained a criminal history check within  the  previous  three
 34    five  (35) years.   If the district next employing the substitute still elects
 35    to require another criminal history check within the three  five    (35)  year
 36    period,  that  district  shall  pay  the cost of the criminal history check or
 37    reimburse the substitute teacher for such cost. To  remain  on  the  statewide
 38    substitute  teacher  list maintained by the state department of education, the
 39    substitute teacher shall undergo a  criminal  history  check  every  five  (5)
 40    years.
 41        (16)  Each board of trustees of a school district shall be responsible for
 42    To  maintain a safe environment for students by developing a system for regis-
 43    tering volunteers or that cross-checks all contractors consistent  with  main-
 44    taining  a safe environment for their or other persons who have irregular con-
 45    tact with students against the statewide sex offender register.
 46        (17) To provide support for teachers in their first two (2) years  in  the
 47    profession in the areas of: administrative and supervisory support, mentoring,
 48    peer assistance and professional development.

Statement of Purpose / Fiscal Impact


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                     STATEMENT OF PURPOSE

                           RS 17973

The purpose of this legislation is to enhance the safety of
Idaho's public school children by addressing several gaps in the
fingerprinting and background check system, which currently put
Idaho's students at risk of coming into contact with adults who
should not have contact with minors.  These changes include
requiring background checks for student teachers, independent
contractors and their employees, and other individuals who have
unsupervised contact with students in a public school setting. 
The legislation also requires that background checks for new
employees must be performed within 5 days of the start of
employment, rather than the current 90 days, and makes it easier
for substitute teachers who have passed their background check to
work for more than one district.


                         FISCAL IMPACT
                                
This legislation will require a Fiscal Year 2009 increase in
dedicated funds spending authority as follows:
                                   Ongoing   One-time  TOTAL
Idaho State Police (BCI)           $23,400   $23,400   $46,800
State Department of Education      $8,600    $8,600    $17,200


Contact   
Name: Rep. Jim Patrick
Christina Linder, State Dept. of Education
Phone: (208) 332-6800

STATEMENT OF PURPOSE/FISCAL NOTE                         H 566   

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