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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
S1030|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN 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 theprobate39magistrate court of the county in which the child resides, 40 as provided in section 33-205 , Idaho Code .
AS1030|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved 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 theprobate35magistrate 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
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