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H0710..........................................................by EDUCATION
STUDENTS - PUBLIC SCHOOL - Amends existing law to provide that enrollment
may be denied to a student for certain acts committed in this state or any
state, to require that, if requested, the parent or guardian of the student
transferring from another state must furnish copies of student records,
including records containing information concerning violent or disruptive
behavior or disciplinary action involving the student and to provide
penalties for failure to provide the records.
02/13 House intro - 1st rdg - to printing
02/16 Rpt prt - to Educ
02/25 Rpt out - rec d/p - to 2nd rdg
02/26 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 67-0-3
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Geddes, Gould, Hadley, Henbest, Hornbeck, Jaquet,
Jones(9), Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell,
Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague,
Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds,
Richman, Ridinger, Sali, Schaefer, Stevenson, Stoicheff, Stone,
Stubbs, Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Wood,
Zimmermann
NAYS -- None
Absent and excused -- Hansen, Robison, Mr. Speaker
Floor Sponsor - Jaquet
Title apvd - to Senate
03/04 Senate intro - 1st rdg - to Educ
03/12 Rpt out - rec d/p - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
03/18 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Hansen
Floor Sponsor - Stennett
Title apvd - to House
03/19 To enrol - rpt enrol - Sp signed
Pres signed - to Governor
03/20 Governor signed
Session Law Chapter 186
Effective: 07/01/98
H0710|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 710 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO SCHOOL ATTENDANCE; AMENDING SECTION 33-205, IDAHO CODE, TO PROVIDE 3 THAT ENROLLMENT MAY BE DENIED TO A STUDENT FOR CERTAIN ACTS COMMITTED IN 4 THIS STATE OR ANY STATE; AND AMENDING SECTION 33-209, IDAHO CODE, TO 5 REQUIRE IF REQUESTED THE PARENT OR GUARDIAN OF A STUDENT TRANSFERRING FROM 6 ANOTHER STATE TO FURNISH COPIES OF STUDENT RECORDS INCLUDING RECORDS CON- 7 TAINING INFORMATION CONCERNING VIOLENT OR DISRUPTIVE BEHAVIOR OR DISCI- 8 PLINARY ACTION INVOLVING THE STUDENT, TO PROVIDE FOR TREATMENT OF THE 9 RECORDS AND TO PROVIDE THAT FAILURE OF A PARENT OR GUARDIAN TO FURNISH 10 REQUIRED RECORDS OR TO REQUEST REQUIRED RECORDS FROM A PREVIOUS SCHOOL 11 SHALL BE ADEQUATE GROUNDS TO DENY ENROLLMENT OR TO SUSPEND OR EXPEL A STU- 12 DENT ALREADY ENROLLED. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 33-205, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 33-205. DENIAL OF SCHOOL ATTENDANCE. The board of trustees may deny 17 enrollment, or may deny attendance at any of its schools by 18 expulsion , to any pupil who is an habitual truant, or who is 19 incorrigible, or whose conduct, in the judgment of the board, is such as to be 20 continuously disruptive of school discipline, or of the instructional effec- 21 tiveness of the school, or whose presence in a public school is detrimental to 22 the health and safety of other pupils, or who has been expelled from another 23 school district in this state or any other state . Any pupil hav- 24 ing been denied enrollment or expelled may be enrolled or 25 readmitted to the school by the board of trustees upon such reasonable 26 conditions as may be prescribed by the board; but such enrollment or 27 readmission shall not prevent the board from again expelling such pupil 28 for cause. 29 Provided however, the board shall expel from school for a period of not 30 less than one (1) year, twelve (12) calendar months, or may deny enroll- 31 ment to, a student who has been found to have carried a weapon or fire- 32 arm on school property in this state or any other state , except 33 that the board may modify the expulsion or denial of enrollment 34 order on a case-by-case basis. Discipline of students with disabilities shall 35 be in accordance with the requirements of federal law part B of the individu- 36 als with disabilities education act and section 504 of the rehabilitation act. 37 An authorized representative of the board shall report such student and inci- 38 dent to the appropriate law enforcement agency. 39 No pupil shall be expelled nor denied enrollment without the board of 40 trustees having first given written notice to the parent or guardian of the 41 pupil, which notice shall state the grounds for the proposed expulsion or 42 denial of enrollment and the time and place where such parent or guardian may 43 appear to contest the action of the board to deny school attendance, and which 2 1 notice shall also state the rights of the pupil to be represented by counsel, 2 to produce witnesses and submit evidence on its own behalf, and to cross-exam- 3 ine any adult witnesses who may appear against him. Within a reasonable period 4 of time following such notification, the board of trustees shall grant the 5 pupil and his parents or guardian a full and fair hearing on the proposed 6 expulsion or denial of enrollment. However, the board shall allow a reasonable 7 period of time between such notification and the holding of such hearing to 8 allow the pupil and his parents or guardian to prepare their response to the 9 charge. Any pupil who is within the age of compulsory attendance, who is 10 expelled or denied enrollment as herein provided, shall come under the pur- 11 view of the youth rehabilitation law, and an authorized representative of the 12 board shall file a petition with the magistrate division of the district court 13 of the county of the pupil's residence, in such form as the court may require 14 under the provisions of section 16-1807, Idaho Code. 15 The superintendent of any district or the principal of any school may tem- 16 porarily suspend any pupil for disciplinary reasons or for other conduct dis- 17 ruptive of good order or of the instructional effectiveness of the school. A 18 temporary suspension by the principal shall not exceed five (5) school days in 19 length; and the school superintendent may extend the temporary suspension an 20 additional ten (10) school days. Provided, that on a finding by the board of 21 trustees that immediate return to school attendance by the temporarily sus- 22 pended student would be detrimental to other pupils' health, welfare or 23 safety, the board of trustees may extend the temporary suspension for an addi- 24 tional five (5) school days. Prior to suspending any student, the superintend- 25 ent or principal shall grant an informal hearing on the reasons for the sus- 26 pension and the opportunity to challenge those reasons. Any pupil who has been 27 suspended may be readmitted to the school by the superintendent or principal 28 who suspended him upon such reasonable conditions as said superintendent or 29 principal may prescribe. The board of trustees shall be notified of any tempo- 30 rary suspensions, the reasons therefor, and the response, if any, thereto. 31 The board of trustees of each school district shall establish the proce- 32 dure to be followed by the superintendent and principals under its jurisdic- 33 tion for the purpose of effecting a temporary suspension, which procedure must 34 conform to the minimal requirements of due process. 35 SECTION 2. That Section 33-209, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 33-209. TRANSFER OF STUDENT RECORDS -- DUTIES. Whenever a student trans- 38 fers from one (1) school to another, within the district, within the state, or 39 elsewhere, and the sending school is requested to forward student records, the 40 sending school shall respond by forwarding a certified copy of the transferred 41 student's record within ten (10) days, except as provided in section 18-4511, 42 Idaho Code. When the school record contains information concerning violent or 43 disruptive behavior or disciplinary action involving the student, this infor- 44 mation shall be included in the transfer of records but shall be contained in 45 a sealed envelope, marked to indicate the confidential nature of the contents, 46 and addressed to the principal or other administrative officer of the school. 47 The parent or guardian of a student transferring from out-of-state 48 to a school within the state of Idaho is required, if requested, to furnish 49 the school within this state accurate copies of the student's school records, 50 including records containing information concerning violent or disruptive 51 behavior or disciplinary action involving the student. This information shall 52 be contained in a sealed envelope, marked to indicate the confidential nature 53 of the contents, and addressed to the principal or other administrative offi- 3 1 cer of the school. 2 Failure of the parent or guardian to furnish the required records, or 3 failure to request of the administration of the previous school to provide the 4 required records, shall constitute adequate grounds to deny enrollment to the 5 transferring student or to suspend or expel the student if already enrolled. 6
STATEMENT OF PURPOSE
RS 07531C1
The purpose of this legislation is to address the situation
of students entering Idaho school districts from out of
state with records of violent or disruptive behavior.
Consequences for failure to provide such information as
well as the authorization to deny enrollment of the student
are outlined.
FISCAL NOTE
Some office time on the part of school personnel may be
required to obtain the necessary paperwork from the
parents of the entering student.
CONTACT: Representative Wendy Jaquet
208-332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE
H 710