1999 Legislation
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SENATE BILL NO. 1030, As Amended – School/student age 16/withdraw/when

SENATE BILL NO. 1030, As Amended

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Daily Data Tracking History



S1030aa........................................................by SCHROEDER
SCHOOL ATTENDANCE - Amends existing law to provide that a child sixteen
years of age or older may withdraw from school if a parent or legal
guardian is notified and to provide exceptions; and to revise the
definition of "habitual truant."

01/22    Senate intro - 1st rdg - to printing
01/25    Rpt prt - to Educ
03/01    Rpt out - to 14th Ord
03/02    Rpt out amen - to engros
03/03    Rpt engros - 1st rdg - to 2nd rdg as amen
03/04    2nd rdg - to 3rd rdg as amen
03/08    3rd rdg as amen - PASSED - 28-2-5
      AYES--Andreason, Boatright, Branch, Bunderson, Cameron, Crow,
      Danielson, Davis, Deide, Dunklin, Frasure, Geddes, Ingram, Ipsen,
      Keough, King, Lee, McLaughlin, Richardson, Riggs, Risch, Sandy,
      Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler
      NAYS--Hawkins, Whitworth
      Absent and excused--Burtenshaw, Darrington, Noh, Parry, Twiggs
    Floor Sponsor - Keough
    Title apvd - to House
03/09    House intro - 1st rdg as amen - to Educ

Bill Text


S1030


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN THE SENATE

                             SENATE BILL NO. 1030, As Amended

                                       BY SCHROEDER

 1                                        AN ACT
 2    RELATING TO COMPULSORY SCHOOL ATTENDANCE; AMENDING SECTION 33-202, IDAHO CODE,
 3        TO PROVIDE THAT A CHILD SIXTEEN YEARS OF AGE OR OLDER  MAY  WITHDRAW  FROM
 4        SCHOOL  IF  A  PARENT  OR LEGAL GUARDIAN IS NOTIFIED AND TO PROVIDE EXCEP-
 5        TIONS; AND AMENDING SECTION 33-206, IDAHO CODE, TO REVISE  THE  DEFINITION
 6        OF HABITUAL TRUANT AND TO MAKE TECHNICAL CORRECTIONS.

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

 8        SECTION  1.  That  Section  33-202, Idaho Code, be, and the same is hereby
 9    amended to read as follows:

10        33-202.  SCHOOL ATTENDANCE COMPULSORY. The parent or guardian of any child
11    resident in this state who has attained the age of seven (7) years at the time
12    of the commencement of school in his district, but not the age of sixteen (16)
13    years, shall cause the child to be instructed in subjects commonly and usually
14    taught in the public schools of the state of Idaho  ;  provided  a  child
15    sixteen  (16)  years  of age or older may withdraw from class after the school
16    board has made confirmed contact about the child's decision  with at least one
17    (1) parent or legal guardian and documentation of that contact is  filed  with
18    the  school  district  where  the child last attended class . Unless the
19    child is otherwise comparably instructed, the parent or guardian  shall  cause
20    the  child  to attend a public, private or parochial school during a period in
21    each year equal to that in which the public schools are in session;  there  to
22    conform to the attendance policies and regulations established by the board of
23    trustees,  or other governing body, operating the school attended.  Noth-
24    ing in this section shall apply to any child who has received  a  high  school
25    diploma  or its equivalent or who is on active duty in any branch of the mili-
26    tary services of the United States. 

27        SECTION 2.  That Section 33-206, Idaho Code, be, and the  same  is  hereby
28    amended to read as follows:

29        33-206.  HABITUAL  TRUANT DEFINED. An habitual truant is any pupil who, in
30    the judgment of the board of trustees, repeatedly has violated the  attendance
31    regulations established by the board; or any child whose parents or guardians,
32    or any of them, have failed or refused to cause such child to be instructed as
33    provided in section 33-202 , Idaho Code .
34        Whenever  it  shall  come to the attention of the board of trustees of any
35    school district that the parents or guardians of any child are failing to meet
36    the requirements of section 33-202,   Idaho  Code,  and  the  parents  or
37    guardian  of  the  child  have  been properly  notified as provided in section
38    33-202, Idaho Code,  a petition shall be filed with  the    probate
39      magistrate  court of the county in which the child resides,
40    as provided in section 33-205 , Idaho Code .

Amendment


AS1030


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                       Moved by     Keough               

                                       Seconded by  Davis                


                                      IN THE SENATE
                            SENATE AMENDMENTS TO S.B. NO. 1030

 1                                AMENDMENT TO SECTION 1
 2        On page 1 of the printed bill, delete lines 10 through 26 and insert:

 3        "33-202.  SCHOOL ATTENDANCE COMPULSORY. The  parent  or  guardian  of  any
 4    child  resident  in  this state who has attained the age of seven (7) years at
 5    the time of the commencement of school in his district, but  not  the  age  of
 6    sixteen  (16)  years,  shall cause the child to be instructed in subjects com-
 7    monly and usually taught in the public schools of the state  of  Idaho  ;
 8    provided  a  child  sixteen (16) years of age or older may withdraw from class
 9    after the school board has made confirmed contact about the  child's  decision
10    with  at least one (1) parent or legal guardian and documentation of that con-
11    tact is filed with the school district where the  child  last  attended  class
12    .  Unless  the  child  is otherwise comparably instructed, the parent or
13    guardian shall cause the child to attend a public, private or parochial school
14    during a period in each year equal to that in which the public schools are  in
15    session;  there  to  conform to the attendance policies and regulations estab-
16    lished by the board of trustees, or other governing body, operating the school
17    attended.  Nothing in this section shall  apply  to  any  child  who  has
18    received  a  high school diploma or its equivalent or who is on active duty in
19    any branch of the military services of the United States. ".

20                                AMENDMENT TO THE BILL
21        On page 1, delete lines 27 through 41 and on page 2, delete lines 1 and  2
22    and insert:
23        "SECTION  2.  That  Section 33-206, Idaho Code, be, and the same is hereby
24    amended to read as follows:

25        33-206.  HABITUAL TRUANT DEFINED. An habitual truant is any pupil who,  in
26    the  judgment of the board of trustees, repeatedly has violated the attendance
27    regulations established by the board; or any child whose parents or guardians,
28    or any of them, have failed or refused to cause such child to be instructed as
29    provided in section 33-202 , Idaho Code .
30        Whenever it shall come to the attention of the board of  trustees  of  any
31    school district that the parents or guardians of any child are failing to meet
32    the  requirements  of  section  33-202,    Idaho Code, and the parents or
33    guardian of the child have been properly   notified  as  provided  in  section
34    33-202,  Idaho  Code,   a petition shall be filed with the  probate
35      magistrate  court of the county in which the child resides,
36    as provided in section 33-205 , Idaho Code .".

37                                 CORRECTION TO TITLE
38        On page 1, delete lines 3 through 6 and insert: "TO PROVIDE THAT  A  CHILD
39    SIXTEEN  YEARS  OF  AGE OR OLDER MAY WITHDRAW FROM SCHOOL IF A PARENT OR LEGAL
40    GUARDIAN IS NOTIFIED AND TO PROVIDE EXCEPTIONS; AND AMENDING  SECTION  33-206,


                                         2

 1    IDAHO  CODE, TO REVISE THE DEFINITION OF HABITUAL TRUANT AND TO MAKE TECHNICAL
 2    CORRECTIONS.".

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                            RS08590C1

This is a parental consent bill. The purpose of this legislation is to amend Section 33-

202, Idaho Code, to provide that a child cannot withdraw from school until the age of 18
unless the child has the consent of at least one parent or legal guardian and the written
permission is filed with the school district where the child last attended class.
Provisions of the bill do not apply if the child has received a high school diploma or its
equivalent or is on active duty in any branch of the military services of the United
States.

                           FISCAL NOTE

It is impossible to determine the number of students that would remain in school as a
result of this legislation. Undoubtedly, many would, as that is the purpose of the
legislation. For FY 97, the cost of each student in school in the State of Idaho, including
M&O and facilities, is $5700.

Contact:

John & Martha Bieker
3397 Blaine Road
Moscow, Idaho 83843
PH 208-883-0925

Senator Gary J. Schroeder
Idaho Senate
208-332-1321

                                                                                                                           S 1030