2000 Legislation
Print Friendly

HOUSE BILL NO. 636 – Schools, recess, noninstructional


View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History

H0636..........................................................by EDUCATION
SCHOOLS - Amends existing law to delete "noninstructional" from recess time
as it relates to the option of a local school board of trustees to approve
a reduction in annual instructional hour requirements as allowed by law;
and to maintain the restriction that recess time shall not be included in
the reduction.
02/21    House intro - 1st rdg - to printing
02/22    Rpt prt - to Educ
03/01    Rpt out - rec d/p - to 2nd rdg
03/02    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 65-0-6
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
      Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
      Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
      Judd, Kellogg, Kempton, Kendell, Lake, Linford, Loertscher, McKague,
      Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
      Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer(Tiegs), Sellman,
      Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
      Trail, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Hadley, Kunz, Mader, Marley, Wheeler
    Floor Sponsor - Meyer
    Title apvd - to Senate
03/07    Senate intro - 1st rdg - to Educ
03/10    Rpt out - rec d/p - to 2nd rdg
03/13    2nd rdg - to 3rd rdg
03/30    3rd rdg - PASSED - 30-2-3
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Ingram,
      Ipsen, Keough, King-Barrutia, Lee, Noh, Parry, Richardson, Riggs,
      Risch, Sandy, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
      NAYS--Hawkins, Whitworth
      Absent and excused--Danielson, McLaughlin, Schroeder
    Floor Sponsor - Riggs
    Title apvd - to House
03/31    To enrol
04/03    Rpt enrol - Sp signed
04/04    Pres signed - to Governor
04/14    Governor signed
         Session Law Chapter 335
         Effective: 07/01/00

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 636
                                   BY EDUCATION COMMITTEE
  1                                        AN ACT
  7    Be It Enacted by the Legislature of the State of Idaho:
  8        SECTION  1.  That  Section  33-512, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
 10        33-512.  GOVERNANCE OF SCHOOLS. The board of trustees of each school  dis-
 11    trict shall have the following powers and duties:
 12        1.  To  fix  the  days  of  the year and the hours of the day when schools
 13    shall be in session. However:
 14        (a)  Each school district shall annually adopt and implement a school cal-
 15        endar which provides its students at each grade level with  the  following
 16        minimum number of instructional hours:
 17          Grades                             Hours
 18          9-12                               990
 19          4-8                                900
 20          1-3                                810
 21          K                                  450
 22        (b)  School  assemblies, testing and other instructionally related activi-
 23        ties involving students directly may be included in the required  instruc-
 24        tional hours.
 25        (c)  When  approved  by  a  local  school board, annual instructional hour
 26        requirements stated in paragraph (a) may be reduced as follows:
 27             (i)   Up to a total of twenty-two (22)  hours  to  accommodate  staff
 28             development activities.
 29             (ii)  Up to a total of eleven (11) hours of emergency school closures
 30             due to adverse weather conditions and facility failures.
 31        However, transportation to and from school, passing times between classes,
 32        noninstructional recess and lunch periods shall not be included.
 33        (d)  Student  and  staff  activities related to the opening and closing of
 34        the school year, grade reporting, program planning,  staff  meetings,  and
 35        other classroom and building management activities shall not be counted as
 36        instructional time or in the reductions provided in paragraph (c)(i).
 37        (e)  For  multiple  shift programs, this rule applies to each shift (i.e.,
 38        each student must have access to the  minimum  annual  required  hours  of
 39        instructions).
 40        (f)  The  instructional  time  requirement  for  grade  12 students may be
 41        reduced by action of a local school board for an amount  of  time  not  to
 42        exceed eleven (11) hours of instructional time.
 43        (g)  The state superintendent of public instruction may grant an exemption
  1        from  the  provisions  of this section for an individual building within a
  2        district, when the closure of that building, for unforeseen circumstances,
  3        does not affect the attendance of other buildings within the district.
  4        2.  To adopt and carry on, and provide for the financing of, a total  edu-
  5    cational  program  for  the  district.  Such programs in other than elementary
  6    school districts may include education programs for  out-of-school  youth  and
  7    adults; and such districts may provide classes in kindergarten;
  8        3.  To  provide, or require pupils to be provided with, suitable textbooks
  9    and supplies, and for advice on textbook selections  may  appoint  a  textbook
 10    adoption committee as provided in section 33-512A, Idaho Code;
 11        4.  To protect the morals and health of the pupils;
 12        5.  To exclude from school, children not of school age;
 13        6.  To  prescribe  rules  for  the disciplining of unruly or insubordinate
 14    pupils, such rules to be included in a district discipline code adopted by the
 15    board of trustees and a summarized version thereof to be provided  in  writing
 16    at  the beginning of each school year to the teachers and students in the dis-
 17    trict in a manner consistent with the student's age, grade and level  of  aca-
 18    demic achievement;
 19        7.  To  exclude from school, pupils with contagious or infectious diseases
 20    who are diagnosed or suspected as having a contagious or infectious disease or
 21    those who are not immune and have been exposed to a contagious  or  infectious
 22    disease;  and  to  close school on order of the state board of health or local
 23    health authorities;
 24        8.  To equip and maintain a suitable library or libraries in the school or
 25    schools and to exclude therefrom, and from the  schools,  all  books,  tracts,
 26    papers, and catechisms of sectarian nature;
 27        9.  To  determine  school  holidays.  Any listing of school holidays shall
 28    include not less than the following: New Year's Day,  Memorial  Day,  Indepen-
 29    dence  Day,  Thanksgiving Day, and Christmas Day. Other days listed in section
 30    73-108, Idaho Code, if the same shall fall on a school day, shall be  observed
 31    with  appropriate  ceremonies;  and  any days the state board of education may
 32    designate, following the proclamation by the governor, shall be  school  holi-
 33    days;
 34        10. To erect and maintain on each schoolhouse or school grounds a suitable
 35    flagstaff  or  flagpole,  and display thereon the flag of the United States of
 36    America on all days, except during inclement weather, when the  school  is  in
 37    session;  and  for each Veterans Day, each school in session shall conduct and
 38    observe an appropriate program of at least one (1)  class  period  remembering
 39    and honoring American veterans;
 40        11. To  prohibit  entrance  to each schoolhouse or school grounds, to pro-
 41    hibit loitering in schoolhouses or on school grounds and to  provide  for  the
 42    removal from each schoolhouse or school grounds of any individual or individu-
 43    als  who disrupt the educational processes or whose presence is detrimental to
 44    the morals, health, safety, academic learning or discipline of the  pupils.  A
 45    person  who  disrupts the educational process or whose presence is detrimental
 46    to the morals, health, safety, academic learning or discipline of  the  pupils
 47    or  who  loiters  in  schoolhouses or on school grounds, is guilty of a misde-
 48    meanor.
 49        12. To supervise and regulate,  including  by  contract  with  established
 50    entities,  those extracurricular activities which are by definition outside of
 51    or in addition to the regular academic  courses  or  curriculum  of  a  public
 52    school,  and  which extracurricular activities shall not be considered to be a
 53    property, liberty or contract right of any student, and  such  extracurricular
 54    activities  shall  not be deemed a necessary element of a public school educa-
 55    tion, but shall be considered to be a privilege.
  1        13. To govern the school district in compliance with state law  and  rules
  2    of the state board of education.
  3        14. To  submit  to the superintendent of public instruction not later than
  4    July 1 of each year documentation which meets the  reporting  requirements  of
  5    the  federal  gun-free  schools  act  of  1994 as contained within the federal
  6    improving America's schools act of 1994.
  7        15. To require that all persons hired for the first time by  the  district
  8    or who have been in the employ of the district five (5) years or less, undergo
  9    a  criminal  history check as provided in section 33-130, Idaho Code. All such
 10    employees who are required to undergo a criminal history  check  shall  obtain
 11    the  history  check  within  three  (3)  months of starting employment, or for
 12    employees with five (5) years or less with  the  district,  within  three  (3)
 13    months from the date such employee is notified that he must undergo a criminal
 14    history  check.  Such  employees  shall  pay  the cost of the criminal history
 15    check. If the criminal history check shows that the  employee  has  been  con-
 16    victed  of  a felony crime enumerated in section 33-1208, Idaho Code, it shall
 17    be grounds for immediate termination, dismissal or other personnel  action  of
 18    the  district,  except  that  it  shall be the right of the school district to
 19    evaluate whether an individual convicted of one (1) of these crimes and having
 20    been incarcerated for that crime shall be hired. The district may require  any
 21    or  all persons who have been employed continuously with the same district for
 22    more than five (5) years, to undergo a criminal history check as  provided  in
 23    section 33-130, Idaho Code. If the district elects to require criminal history
 24    checks  of  such  employees,  the district shall pay the costs of the criminal
 25    history check or reimburse employees for such cost. A substitute  teacher  who
 26    has  undergone  a criminal history check at the request of one (1) district in
 27    which he has been employed as a substitute shall not be required to undergo an
 28    additional criminal history check at the request  of  any  other  district  in
 29    which  he  is  employed as a substitute if the teacher has obtained a criminal
 30    history check within the previous three  (3)  years.   If  the  district  next
 31    employing  the  substitute  still  elects  to require another criminal history
 32    check within the three (3) year period, that district shall pay  the  cost  of
 33    the criminal history check or reimburse the substitute teacher for such cost.
 34        16. Each  board  of trustees of a school district shall be responsible for
 35    developing a system for registering volunteers or contractors consistent  with
 36    maintaining a safe environment for their students.

Statement of Purpose / Fiscal Impact

                 STATEMENT OF PURPOSE
                       RS 09987 
     This legislation amends Section 33-512, Idaho Code, to delete "noninstructional"
     from recess time as it relates to the option of a local school board of trustees to
     approve a reduction in annual instructional hour requirements as allowed by law,
     and maintains the restriction that recess time shall not be included in the
                    FISCAL IMPACT 
     No fiscal impact. 
     Name:     Rep. Wayne Meyer
     Phone:    208-332-1000 
                                                  STATEMENT OF PURPOSE/FISCAL NOTE                                   H 636