1998 Legislation
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SENATE BILL NO. 1504 – School dist employees, backgrnd chk


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S1504......................................................by STATE AFFAIRS
SCHOOL DISTRICT EMPLOYEES - Amends existing law to establish policy
regarding distribution of and access to information in criminal history
checks on applicants and employees of school districts sent to school
district superintendents by the state Department of Education and to
provide for confidentiality of the information.

02/17    Senate intro - 1st rdg - to printing
02/18    Rpt prt - to Educ
03/06    Rpt out - rec d/p - to 2nd rdg
03/09    2nd rdg - to 3rd rdg
03/10    3rd rdg - PASSED - 31-0-4
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
      Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry, Riggs,
      Risch, Sandy, Schroeder, Stennett, Sweeney, Thorne, Wheeler,
      Absent and excused--Hawkins, Richardson, Sorensen, Twiggs
    Floor Sponsor - Dunklin
    Title apvd - to House
03/11    House intro - 1st rdg - to Educ

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998

                                      IN THE SENATE

                                   SENATE BILL NO. 1504

                                BY STATE AFFAIRS COMMITTEE

 1                                        AN ACT

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

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

15    CANTS FOR CERTIFICATES.  (1)   The department of education, through
16    the cooperation of the department of law enforcement, shall establish a system
17    to obtain a criminal history check on certificated and noncertificated employ-
18    ees,   and  all  applicants for certificates pursuant to chapter 12, title 33,
19    Idaho Code. The criminal history check shall include the following:
20        ( 1  a )  Statewide criminal identification bureau;
21        ( 2  b  )  Federal  bureau  of  investigation  (FBI)
22        criminal history check;
23        ( 3  c )  National crime information center; and
24        ( 4  d )  Statewide sex offender register.
25          (2)    The  state  department  of  education shall charge all
26    applicants a fee of forty dollars ($40.00) for undergoing a  criminal  history
27    check  pursuant  to  this section.  The fee shall be sufficient to cover costs
28    charged by the federal bureau of investigation, the state  department  of  law
29    enforcement and the state department of education.
30         (3)   A record of all background checks shall be maintained at
31    the state department of education in a data bank for all employees of a school
32    district with a copy going to the applicant. The department of education shall
33    forward  to all applicants for a criminal history check, notification that the
34    fingerprint card has been destroyed after the background check has  been  com-
35    pleted.  The  department  of  education  and the department of law enforcement
36    shall ensure that fingerprint cards have been destroyed after a criminal  his-
37    tory check has been completed.
38          (4)  In  order  to  provide for notification to and distribution of
39    information regarding required criminal history checks to  the  superintendent
40    of  a  school  district  regarding checks performed on certified employees and
41    applicants and on noncertificated employees and applicants  in  his  district,
42    the following procedures are to be followed:
43        (a)  For  certificated  employees  and applicants. The state department of


 1        education shall send notification to the superintendent of the school dis-
 2        trict or his designee when a check reveals a felony conviction for a crime
 3        enumerated in section 33-1208, Idaho Code. The superintendent or his  des-
 4        ignee  is authorized to receive and review the entire report on that indi-
 5        vidual to determine its accuracy. If the  state  department  of  education
 6        determines there is the appearance of a violation of the professional code
 7        of  ethics  as  adopted  by  the  professional standards commission,  such
 8        report may be referred to the  executive  committee  of  the  professional
 9        standards commission for its review and possible further action.
10        (b)  For  noncertificated employees and applicants.  When the superintend-
11        ent of a school district receives an entire criminal  history  check,  the
12        superintendent  or  his  designee  shall review the record to determine if
13        there has been a felony conviction  for  a  crime  enumerated  in  section
14        33-1208,  Idaho  Code,  or  a  conviction for any crime deleterious to the
15        morals, health or safety of pupils.
16    The notification provided by the state department of education and the  entire
17    criminal  history  check  for  any  applicant  or employee is confidential and
18    excepted from public access under any provision of the Idaho Code,  including,
19    but not limited to, section 9-340, Idaho Code.
20        (5)   The department of law enforcement and the department of educa-
21    tion  shall implement a joint exercise of powers agreement pursuant to section
22    67-2328 through 67-2333, Idaho Code, necessary to implement the provisions  of
23    this section.

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

26        33-512.  GOVERNANCE OF SCHOOLS. The board of trustees of each school  dis-
27    trict shall have the following powers and duties:
28        1.  To  fix  the  days  of  the year and the hours of the day when schools
29    shall be in session. However:
30        (a)  Each school district shall annually adopt and implement a school cal-
31        endar which provides its students at each grade level with  the  following
32        minimum number of instructional hours:
33          Grades                             Hours
34          9-12                               990
35          4-8                                900
36          1-3                                810
37          K                                  450
38        (b)  School  assemblies, testing and other instructionally related activi-
39        ties involving students directly may be included in the required  instruc-
40        tional hours.
41        (c)  When  approved  by  a  local  school board, annual instructional hour
42        requirements stated in paragraph (a) may be reduced as follows:
43             (i)   Up to a total of twenty-two (22)  hours  to  accommodate  staff
44             development activities.
45             (ii)  Up to a total of eleven (11) hours of emergency school closures
46             due to adverse weather conditions and facility failures.
47        However, transportation to and from school, passing times between classes,
48        noninstructional recess and lunch periods shall not be included.
49        (d)  Student  and  staff  activities related to the opening and closing of
50        the school year, grade reporting, program planning,  staff  meetings,  and
51        other classroom and building management activities shall not be counted as
52        instructional time or in the reductions provided in paragraph (c)(1).
53        (e)  For  multiple  shift programs, this rule applies to each shift (i.e.,


 1        each student must have access to the  minimum  annual  required  hours  of
 2        instructions).
 3        (f)  The  instructional  time  requirement  for  grade  12 students may be
 4        reduced by action of a local school board for an amount  of  time  not  to
 5        exceed eleven (11) hours of instructional time.
 6        (g)  The state superintendent of public instruction may grant an exemption
 7        from  the  provisions  of this section for an individual building within a
 8        district, when the closure of that building, for unforeseen circumstances,
 9        does not affect the attendance of other buildings within the district.
10        2.  To adopt and carry on, and provide for the financing of, a total  edu-
11    cational  program  for  the  district.  Such programs in other than elementary
12    school districts may include education programs for  out-of-school  youth  and
13    adults; and such districts may provide classes in kindergarten;
14        3.  To  provide, or require pupils to be provided with, suitable textbooks
15    and supplies, and for advice on textbook selections  may  appoint  a  textbook
16    adoption committee as provided in section 33-512A, Idaho Code;
17        4.  To protect the morals and health of the pupils;
18        5.  To exclude from school, children not of school age;
19        6.  To  prescribe  rules  for  the disciplining of unruly or insubordinate
20    pupils, such rules to be included in a district discipline code adopted by the
21    board of trustees and a summarized version thereof to be provided  in  writing
22    at  the beginning of each school year to the teachers and students in the dis-
23    trict in a manner consistent with the student's age, grade and level  of  aca-
24    demic achievement;
25        7.  To  exclude from school, pupils with contagious or infectious diseases
26    who are diagnosed or suspected as having a contagious or infectious disease or
27    those who are not immune and have been exposed to a contagious  or  infectious
28    disease;  and  to  close school on order of the state board of health or local
29    health authorities;
30        8.  To equip and maintain a suitable library or libraries in the school or
31    schools and to exclude therefrom, and from the  schools,  all  books,  tracts,
32    papers, and catechisms of sectarian nature;
33        9.  To  determine  school  holidays.  Any listing of school holidays shall
34    include not less than the following: New Year's Day,  Memorial  Day,  Indepen-
35    dence  Day,  Thanksgiving Day, and Christmas Day. Other days listed in section
36    73-108, Idaho Code, if the same shall fall on a school day, shall be  observed
37    with  appropriate  ceremonies;  and  any days the state board of education may
38    designate, following the proclamation by the governor, shall be  school  holi-
39    days;
40        10. To erect and maintain on each schoolhouse or school grounds a suitable
41    flagstaff  or  flagpole,  and display thereon the flag of the United States of
42    America on all days, except during inclement weather, when the  school  is  in
43    session;  and  for each Veterans Day, each school in session shall conduct and
44    observe an appropriate program of at least one (1)  class  period  remembering
45    and honoring American veterans;
46        11. To  prohibit  entrance  to each schoolhouse or school grounds, to pro-
47    hibit loitering in schoolhouses or on school grounds and to  provide  for  the
48    removal from each schoolhouse or school grounds of any individual or individu-
49    als  who disrupt the educational processes or whose presence is detrimental to
50    the morals, health, safety, academic learning or  discipline of the pupils.  A
51    person  who  disrupts the educational process or whose presence is detrimental
52    to the morals, health, safety, academic learning or discipline of  the  pupils
53    or  who  loiters  in  schoolhouses  or  on  school  grounds,  is  guilty  of a
54    misdemeanor .  ; 
55        12. To supervise and regulate,  including  by  contract  with  established


 1    entities,  those extracurricular activities which are by definition outside of
 2    or in addition to the regular academic  courses  or  curriculum  of  a  public
 3    school,  and  which extracurricular activities shall not be considered to be a
 4    property, liberty or contract right of any student, and  such  extracurricular
 5    activities  shall  not be deemed a necessary element of a public school educa-
 6    tion, but shall be considered to be a privilege .  ; 
 7        13. To govern the school district in compliance with state law  and  rules
 8    of the state board of education .  ; 
 9        14. To  submit  to the superintendent of public instruction not later than
10    July 1 of each year documentation which meets the  reporting  requirements  of
11    the  federal  gun-free  schools  act  of  1994 as contained within the federal
12    improving America's schools act of 1994 .  ; 
13        15. To require that all persons hired for the first time by  the  district
14    or who have been in the employ of the district five (5) years or less, undergo
15    a  criminal  history check as provided in section 33-130, Idaho Code. All such
16    employees who are required to undergo a criminal history  check  shall  obtain
17    the  history  check  within  three  (3)  months of starting employment, or for
18    employees with five (5) years or less with  the  district,  within  three  (3)
19    months from the date such employee is notified that he must undergo a criminal
20    history  check.  Such  employees  shall  pay  the cost of the criminal history
21    check.
22         With the exception of the state  department  of  education  and  the
23    superintendent  of  a  school  district  or his designee, the criminal history
24    check of any applicant for employment by a school  district  or  any  employee
25    shall  be  confidential and excepted from public access under any provision of
26    the Idaho Code, including, but not limited  to,  section  9-340,  Idaho  Code.
28        If  the  criminal history check shows that the employee has been convicted
29    of a felony crime enumerated in section  33-1208,  Idaho  Code,  it  shall  be
30    grounds  for immediate termination, dismissal or other personnel action of the
31    district, except that it shall be the right of the school district to evaluate
32    whether an individual convicted of one (1) of these  crimes  and  having  been
33    incarcerated for that crime shall be hired.
34        The district may require any or all persons who have been employed contin-
35    uously with the same district for more than five (5) years, to undergo a crim-
36    inal  history check as provided in section 33-130, Idaho Code. If the district
37    elects to require criminal history checks  of  such  employees,  the  district
38    shall  pay  the costs of the criminal history check or reimburse employees for
39    such cost.
40        16. Each board of trustees of a school district shall be  responsible  for
41    developing  a system for registering volunteers or contractors consistent with
42    maintaining a safe environment for their students.

Statement of Purpose / Fiscal Impact


                        STATEMENT OF PURPOSE
                             RS 07982C1
    This legislation amends Idaho Code 33-130 and 33-512 by:
    -providing a procedure whereby the state department of
   education will provide to the local school district superintendent or 
    his designee a report of the results of the criminal history check 
    -performed on certified employees and applicants in his district 
    when the check reveals a felony conviction for a crime enumerated 
    in Idaho Code 331208
      -providing authority for the state department of education to refer 
    to the executive committee of the Professional Standards 
    Commission any appearance of a violation of the professional 
    code of ethics providing a procedure authorizing the local school 
    district superintendent or his designee to review the record of the 
    entire criminal history check for noncertificated applicants and 
    employees to determine if there has been a felony conviction for a 
    crime enumerated in Idaho Code 33-1208 or a conviction for any 
    crime deleterious to the morals, health, or safety of pupils
    - establishing that these records will otherwise be 
                             FISCAL NOTE
    There will be no fiscal impact on the general fund or any other fund of the state of 
    Idaho nor to any unit of local government
    CONTACT: Jim Shackelford
             Idaho Education Association
                                        STATEMENT OF PURPOSE/FISCAL NOTE  S 1504