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H0729..........................................................by EDUCATION
SCHOOLS - INTERVENTION TRAINED EMPLOYEES - Amends existing law relating to
school attendance and students using controlled substances to expand
application to intervention trained employees and independent contractors
of educational institutions, to provide for immunity from civil liability,
to provide that intentionally harassing a difficult student by use of the
authority granted shall be a misdemeanor and to provide definitions.
02/16 House intro - 1st rdg - to printing
02/17 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 - 56-12-2
AYES -- Alltus, Barrett, Bell, Bieter, Bivens, Black(15), Boe,
Bruneel, Callister, Campbell, Chase, Clark, Crane, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Geddes, Gould, Hadley,
Hansen, Henbest, Jaquet, Jones(9), Jones(22), Jones(20), Judd,
Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Linford, Mader,
Marley, Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy,
Reynolds, Ridinger, Stevenson, Stone, Taylor, Tilman, Tippets, Trail,
Watson, Wheeler, Zimmermann
NAYS -- Barraclough, Black(23), Gagner, Hornbeck, Loertscher,
McKague, Richman, Sali, Schaefer, Stoicheff, Stubbs, Wood
Absent and excused -- 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 - Andreason
Title apvd - to House
03/19 To enrol - rpt enrol - Sp signed
Pres signed - to Governor
03/20 Governor signed
Session Law Chapter 206
Effective: 07/01/98
H0729|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 729 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO ATTENDANCE AT SCHOOLS AND STUDENTS USING CONTROLLED SUBSTANCES; 3 AMENDING SECTION 33-210, IDAHO CODE, TO EXPAND APPLICATION TO INTERVENTION 4 TRAINED EMPLOYEES AND INDEPENDENT CONTRACTORS OF EDUCATIONAL INSTITUTIONS, 5 TO PROVIDE FOR IMMUNITY FROM CIVIL LIABILITY, TO PROVIDE THAT INTENTION- 6 ALLY HARASSING A STUDENT BY USE OF THE AUTHORITY GRANTED SHALL BE A MISDE- 7 MEANOR AND TO PROVIDE DEFINITIONS. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 33-210, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 33-210. STUDENTS USING OR UNDER THE INFLUENCE OF CONTROLLED SUBSTANCES. 12 (1) It is legislative intent that parental involvement in all aspects of a 13 child's education in the public school system remain a priority in administra- 14 tive policy. Drug prevention programs and counseling for students under the 15 custodial and tutelary care of the public schools are no exception. Conse- 16 quently, any student who voluntarily discloses using or being under the influ- 17 ence of any controlled substance defined by section 37-2732C, Idaho Code, 18 before he or she is reasonably suspicioned to be in violation of section 19 37-2732C, Idaho Code, shall be provided anonymity to the extent that disclo- 20 sure is held confidential on a faculty "need to know" basis, that notification 21 is provided to parents, the legal guardian or child's custodian and that 22 available counseling at the school level is offered. However, once a student 23 is reasonably suspicioned to be in violation of section 37-2732C, Idaho Code, 24 regardless of any previous voluntary disclosure, school administrators shall 25 immediately initiate procedures established by the district board of trustees 26 to seek law enforcement evaluation of the student; such evaluation possibly 27 resulting in transfer of school custodial responsibility to that of law 28 enforcement in accordance with section 20-516, Idaho Code. The fact that a 29 student has previously disclosed use of a controlled substance shall not be 30 deemed a factor in determining reasonable suspicion at a later date. 31 (2) For the purposes of this section, the following definitions shall 32 apply: 33 (a) "Intervention trained" meanspublic school educators, counsel-34ors or administratorsemployees and independent contractors 35 of an educational institution who have completed a state accredited 36 course related to illegal drugs, their physical characteristics, 37 physiological effects and how student behavioral changes typically associ- 38 ated with the use of such products may be evidenced in the classroom; or 39 before May 31, 1997, thoseeducators, counselors and administrators40employees and independent contractors of an educational 41 institution who have completed similar training and who have a min- 42 imum of two (2) years experience as intervention team members. The latter 43 are exempt from additional training to meet "intervention trained" stan- 2 1 dards in effect after May 31, 1997. 2 (b) "Reasonable cause/suspicion" means an act of judgment by an interven- 3 tion trainededucator, counselor or administrator4 employee or independent contractor of an educational institution 5 which leads to a reasonable and prudent belief that a student is in viola- 6 tion of "use" or "under the influence" provisions of section 37-2732C, 7 Idaho Code. 8 (3) By September 1, 1996, the state department of education, in coopera- 9 tion with the chief certification officer of the state board of education, 10 shall develop course materials and standards appropriate to establishing 11 intervention training as an accredited option among public education recerti- 12 fication electives. Such training shall be made available not later than May 13 31, 1997. 14 (4) The process leading to law enforcement evaluation of a reasonably 15 suspected student is a responsibility of the district board of trustees, the 16 specifics of which shall be based on procedures developed within each district 17 to insure that reasonable suspicion, as defined above, is not confused with 18 intentional harassment of a difficult student. District policy formulated to 19 meet the provisions of section 37-2732C, Idaho Code, and this section, 20 together with the process by which law enforcement may assume custodial 21 responsibility of a reasonably suspected student, shall be made available to 22 each student, parent, guardian or custodian by August 31, 1997, and afterwards 23 at the time of original registration of the student in a district school. The 24 procedure for parental, legal guardian or custodian notification will be 25 included. 26 (5) Intervention trained employees and independent contractors of 27 educational institutions who in good faith and with appropriate foundation 28 exercise the authority granted in this section shall be immune from civil lia- 29 bility arising from the exercise of that authority. 30 (6) Intervention trained employees and independent contractors of educa- 31 tional institutions who intentionally harass a student through the misuse of 32 the authority provided in this section shall not be immune from civil liabil- 33 ity arising from the wrongful exercise of that authority and shall be guilty 34 of a misdemeanor punishable by a fine not to exceed three hundred dollars 35 ($300) only. 36 (7) For purposes of this section, "intentionally harass" means a knowing 37 and willful course of conduct directed at a specific student which seriously 38 alarms, annoys, threatens or intimidates the student and which serves no 39 legitimate purpose. The course of conduct must be such as would cause a rea- 40 sonable person to suffer substantial emotional distress. "Course of conduct" 41 means a pattern or series of acts over a period of time, however short, evi- 42 dencing a continuity of purpose. Constitutionally and statutorily protected 43 activity is not included within the meaning of "course of conduct."
STATEMENT OF PURPOSE
RS 07662
The purpose of this
legislation is to:
1. Amend the definition of intervention trained employees to
"employees and independent contractors of an educational
institution";
2. Provide immunity from civil liability for an intervention
trained employee arising from identifying a student who is under
the influence of a controlled substance to law enforcement as per
the procedures established by the district board of trustees; and
3. Provide the penalties for intervention trained employees who
intentionally harass a student through the misuse of the
authority provided.
FISCAL NOTE
There should be no fiscal impact to school districts.
CONTACT: Rep. Jaquet
208-332-1000
H 729