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H0271..........................................................by EDUCATION
TEACHERS - SUBSTITUTE - Amends existing law to provide that a substitute
teacher who has undergone a criminal history check at the request of one
school district within the previous three years shall not be required to
undergo another criminal history check if employed in another district; and
to provide that if a district next employing the teacher still elects to
require a criminal history check within the three-year period the district
shall be required to pay the costs thereof or reimburse the teacher for
such costs.
02/16 House intro - 1st rdg - to printing
02/17 Rpt prt - to Educ
03/01 Rpt out - rec d/p - to 2nd rdg
03/02 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 60-0-10
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel,
Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Hadley, Hammond,
Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Judd, Kellogg,
Kempton, Kendell, Kunz, Lake, Limbaugh, Linford, Loertscher, Mader,
Marley, McKague, Meyer, Montgomery, Mortensen, Pischner, Pomeroy,
Reynolds, Ringo, Robison, Sali, Schaefer, Sellman, Smith, Smylie,
Stevenson, Stoicheff, Stone, Taylor, Tilman, Watson, Wheeler,
Williams
NAYS -- None
Absent and excused -- Black, Gould, Jones, Moyle, Ridinger, Tippets,
Trail, Wood, Zimmermann, Mr Speaker
Floor Sponsor - Judd
Title apvd - to Senate
03/05 Senate intro - 1st rdg - to Educ
03/10 Rpt out - rec d/p - to 2nd rdg
03/11 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 28-0-7
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Crow, Darrington,
Davis, Deide, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King,
Lee, McLaughlin, Noh, Richardson, Riggs, Risch, Sandy, Schroeder,
Sorensen, Stegner, Thorne, Wheeler, Whitworth
NAYS--None
Absent and excused--Branch, Cameron, Danielson, Dunklin, Parry,
Stennett, Twiggs
Floor Sponsor - Schroeder
Title apvd - to House
03/15 To enrol
03/16 Rpt enrol - Sp signed - Pres signed
03/17 To Governor
03/23 Governor signed
Session Law Chapter 219
Effective: 07/01/99
H0271|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 271 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO CRIMINAL HISTORY CHECKS OF TEACHERS; AMENDING SECTION 33-512, 3 IDAHO CODE, TO PROVIDE THAT A SUBSTITUTE TEACHER WHO HAS UNDERGONE A CRIM- 4 INAL HISTORY CHECK AT THE REQUEST OF ONE SCHOOL DISTRICT WITHIN THE PREVI- 5 OUS THREE YEARS SHALL NOT BE REQUIRED TO UNDERGO ANOTHER CRIMINAL HISTORY 6 CHECK IF EMPLOYED AS A SUBSTITUTE IN ANOTHER DISTRICT AND TO PROVIDE THAT 7 IF A DISTRICT NEXT EMPLOYING THE TEACHER STILL ELECTS TO REQUIRE A CRIMI- 8 NAL HISTORY CHECK WITHIN THE THREE YEAR PERIOD THE DISTRICT SHALL BE 9 REQUIRED TO PAY THE COST THEREOF OR REIMBURSE THE TEACHER FOR SUCH COST 10 AND TO CORRECT A CODE CITATION. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 33-512, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 33-512. GOVERNANCE OF SCHOOLS. The board of trustees of each school dis- 15 trict shall have the following powers and duties: 16 1. To fix the days of the year and the hours of the day when schools 17 shall be in session. However: 18 (a) Each school district shall annually adopt and implement a school cal- 19 endar which provides its students at each grade level with the following 20 minimum number of instructional hours: 21 Grades Hours 22 9-12 990 23 4-8 900 24 1-3 810 25 K 450 26 (b) School assemblies, testing and other instructionally related activi- 27 ties involving students directly may be included in the required instruc- 28 tional hours. 29 (c) When approved by a local school board, annual instructional hour 30 requirements stated in paragraph (a) may be reduced as follows: 31 (i) Up to a total of twenty-two (22) hours to accommodate staff 32 development activities. 33 (ii) Up to a total of eleven (11) hours of emergency school closures 34 due to adverse weather conditions and facility failures. 35 However, transportation to and from school, passing times between classes, 36 noninstructional recess and lunch periods shall not be included. 37 (d) Student and staff activities related to the opening and closing of 38 the school year, grade reporting, program planning, staff meetings, and 39 other classroom and building management activities shall not be counted as 40 instructional time or in the reductions provided in paragraph (c)(141i ). 42 (e) For multiple shift programs, this rule applies to each shift (i.e., 43 each student must have access to the minimum annual required hours of 2 1 instructions). 2 (f) The instructional time requirement for grade 12 students may be 3 reduced by action of a local school board for an amount of time not to 4 exceed eleven (11) hours of instructional time. 5 (g) The state superintendent of public instruction may grant an exemption 6 from the provisions of this section for an individual building within a 7 district, when the closure of that building, for unforeseen circumstances, 8 does not affect the attendance of other buildings within the district. 9 2. To adopt and carry on, and provide for the financing of, a total edu- 10 cational program for the district. Such programs in other than elementary 11 school districts may include education programs for out-of-school youth and 12 adults; and such districts may provide classes in kindergarten; 13 3. To provide, or require pupils to be provided with, suitable textbooks 14 and supplies, and for advice on textbook selections may appoint a textbook 15 adoption committee as provided in section 33-512A, Idaho Code; 16 4. To protect the morals and health of the pupils; 17 5. To exclude from school, children not of school age; 18 6. To prescribe rules for the disciplining of unruly or insubordinate 19 pupils, such rules to be included in a district discipline code adopted by the 20 board of trustees and a summarized version thereof to be provided in writing 21 at the beginning of each school year to the teachers and students in the dis- 22 trict in a manner consistent with the student's age, grade and level of aca- 23 demic achievement; 24 7. To exclude from school, pupils with contagious or infectious diseases 25 who are diagnosed or suspected as having a contagious or infectious disease or 26 those who are not immune and have been exposed to a contagious or infectious 27 disease; and to close school on order of the state board of health or local 28 health authorities; 29 8. To equip and maintain a suitable library or libraries in the school or 30 schools and to exclude therefrom, and from the schools, all books, tracts, 31 papers, and catechisms of sectarian nature; 32 9. To determine school holidays. Any listing of school holidays shall 33 include not less than the following: New Year's Day, Memorial Day, Indepen- 34 dence Day, Thanksgiving Day, and Christmas Day. Other days listed in section 35 73-108, Idaho Code, if the same shall fall on a school day, shall be observed 36 with appropriate ceremonies; and any days the state board of education may 37 designate, following the proclamation by the governor, shall be school holi- 38 days; 39 10. To erect and maintain on each schoolhouse or school grounds a suitable 40 flagstaff or flagpole, and display thereon the flag of the United States of 41 America on all days, except during inclement weather, when the school is in 42 session; and for each Veterans Day, each school in session shall conduct and 43 observe an appropriate program of at least one (1) class period remembering 44 and honoring American veterans; 45 11. To prohibit entrance to each schoolhouse or school grounds, to pro- 46 hibit loitering in schoolhouses or on school grounds and to provide for the 47 removal from each schoolhouse or school grounds of any individual or individu- 48 als who disrupt the educational processes or whose presence is detrimental to 49 the morals, health, safety, academic learning or discipline of the pupils. A 50 person who disrupts the educational process or whose presence is detrimental 51 to the morals, health, safety, academic learning or discipline of the pupils 52 or who loiters in schoolhouses or on school grounds, is guilty of a misde- 53 meanor. 54 12. To supervise and regulate, including by contract with established 55 entities, those extracurricular activities which are by definition outside of 3 1 or in addition to the regular academic courses or curriculum of a public 2 school, and which extracurricular activities shall not be considered to be a 3 property, liberty or contract right of any student, and such extracurricular 4 activities shall not be deemed a necessary element of a public school educa- 5 tion, but shall be considered to be a privilege. 6 13. To govern the school district in compliance with state law and rules 7 of the state board of education. 8 14. To submit to the superintendent of public instruction not later than 9 July 1 of each year documentation which meets the reporting requirements of 10 the federal gun-free schools act of 1994 as contained within the federal 11 improving America's schools act of 1994. 12 15. To require that all persons hired for the first time by the district 13 or who have been in the employ of the district five (5) years or less, undergo 14 a criminal history check as provided in section 33-130, Idaho Code. All such 15 employees who are required to undergo a criminal history check shall obtain 16 the history check within three (3) months of starting employment, or for 17 employees with five (5) years or less with the district, within three (3) 18 months from the date such employee is notified that he must undergo a criminal 19 history check. Such employees shall pay the cost of the criminal history 20 check. If the criminal history check shows that the employee has been con- 21 victed of a felony crime enumerated in section 33-1208, Idaho Code, it shall 22 be grounds for immediate termination, dismissal or other personnel action of 23 the district, except that it shall be the right of the school district to 24 evaluate whether an individual convicted of one (1) of these crimes and having 25 been incarcerated for that crime shall be hired. The district may require any 26 or all persons who have been employed continuously with the same district for 27 more than five (5) years, to undergo a criminal history check as provided in 28 section 33-130, Idaho Code. If the district elects to require criminal history 29 checks of such employees, the district shall pay the costs of the criminal 30 history check or reimburse employees for such cost. A substitute teacher 31 who has undergone a criminal history check at the request of one (1) district 32 in which he has been employed as a substitute shall not be required to undergo 33 an additional criminal history check at the request of any other district in 34 which he is employed as a substitute if the teacher has obtained a criminal 35 history check within the previous three (3) years. If the district next 36 employing the substitute still elects to require another criminal history 37 check within the three (3) year period, that district shall pay the cost of 38 the criminal history check or reimburse the substitute teacher for such cost. 39 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
RS08931
This legislation amends the section of Idaho Code relating to
criminal history checks of teachers to provide that substitute
teachers who have undergone a criminal history check within one
district within the previous three years shall not be required
to undergo another criminal history check if employed within
another district. It, also, provides that if a district next
employing the teacher still elects to require a criminal
history check within the three year period, the district shall
be required to pay the cost of the check.
FISCAL NOTE
There will be no fiscal impact.
CONTACT: Representative June Judd
Phone #332-1269
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. H 271