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H0326aa,aaS....................................................by EDUCATION SCHOOL ATTENDANCE - Amends existing law to provide a procedure for the board of trustees of a school district when a child is determined to be in violation of school attendance requirements. 02/23 House intro - 1st rdg - to printing 02/26 Rpt prt - to Educ 03/07 Rpt out - to Gen Ord Rpt out amen - to engros 03/08 Rpt engros - 1st rdg - to 2nd rdg as amen 03/09 2nd rdg - to 3rd rdg as amen 03/13 3rd rdg as amen - PASSED - 65-0-5 AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford, Callister, Campbell, Chase, Clark, Collins, Crow, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker NAYS -- None Absent and excused -- Bruneel, Cuddy, Deal, McKague, Raybould Floor Sponsor -- Young Title apvd - to Senate 03/14 Senate intro - 1st rdg - to Educ 03/21 Rpt out - rec d/p - to 2nd rdg 03/22 2nd rdg - to 3rd rdg 03/23 To 14th Ord 03/26 Rpt out amen - to 1st rdg as amen 1st rdg - to 2nd rdg as amen Rls susp - PASSED - 28-0-7 AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Geddes, Goedde, Hawkins, Ipsen, Keough, King-Barrutia, Lee, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Thorne, Wheeler, Whitworth, Williams, NAYS -- None Absent and excused -- Danielson, Dunklin, Frasure, Ingram, Lodge, Noh, Stennett Floor Sponsor -- Goedde Title apvd - to House 03/28 House concurred in Senate amens - to engros 03/29 Rpt engros - 1st rdg - to 2nd rdg as amen Ret'd to Educ
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 326 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO ATTENDANCE AT SCHOOLS; AMENDING SECTION 33-205, IDAHO CODE, TO 3 PROVIDE THAT THE BOARD OF TRUSTEES MAY DENY SCHOOL ATTENDANCE AND GOVERN 4 PROCEDURE; AND AMENDING SECTION 33-206, IDAHO CODE, TO PROVIDE THE PROCE- 5 DURE FOR THE BOARD OF TRUSTEES OF A SCHOOL DISTRICT WHEN A CHILD IS DETER- 6 MINED TO BE IN VIOLATION OF ATTENDANCE REQUIREMENTS AND TO MAKE TECHNICAL 7 CORRECTIONS. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 33-205, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 33-205. DENIAL OF SCHOOL ATTENDANCE. The board of trustees may deny 12 enrollment, or may deny attendance at any of its schools by expulsion, to any 13 pupil who is an habitual truant, or who is incorrigible, or whose conduct, in 14 the judgment of the board, is such as to be continuously disruptive of school 15 discipline, or of the instructional effectiveness of the school, or whose 16 presence in a public school is detrimental to the health and safety of other 17 pupils, or who has been expelled from another school district in this state or 18 any other state. Any pupil having been denied enrollment or expelled may be 19 enrolled or readmitted to the school by the board of trustees upon such rea- 20 sonable conditions as may be prescribed by the board; but such enrollment or 21 readmission shall not prevent the board from again expelling such pupil for 22 cause. 23 Provided however, the boardshallmay expel from school for a period of 24 not less than one (1) year, twelve (12) calendar months, or may deny enroll- 25 ment to, a student who has been found to have carried a weapon or firearm on 26 school property in this state or any other state, except that the board may 27 modify the expulsion or denial of enrollment order on a case-by-case basis. 28 Discipline of students with disabilities shall be in accordance with the 29 requirements of federal law part B of the individuals with disabilities educa- 30 tion act and section 504 of the rehabilitation act. An authorized representa- 31 tive of the board shall report such student and incident to the appropriate 32 law enforcement agency. 33 No pupil shall be expelled nor denied enrollment without the board of 34 trustees having first given written notice to the parent or guardian of the 35 pupil, which notice shall state the grounds for the proposed expulsion or 36 denial of enrollment and the time and place where such parent or guardian may 37 appear to contest the action of the board to deny school attendance, and which 38 notice shall also state the rights of the pupil to be represented by counsel, 39 to produce witnesses and submit evidence onitshis own behalf, and to cross- 40 examine any adult witnesses who may appear against him. Within a reasonable 41 period of time following such notification, the board of trustees shall grant 42 the pupil and his parents or guardian a full and fair hearing on the proposed 43 expulsion or denial of enrollment. However, the board shall allow a reasonable 2 1 period of time between such notification and the holding of such hearing to 2 allow the pupil and his parents or guardian to prepare their response to the 3 charge.Any pupil who is within the age of compulsory attendance, who is4expelled or denied enrollment as herein provided, shall come under the purview5of the youth rehabilitation law, and an authorized representative of the board6shall file a petition with the magistrate division of the district court of7the county of the pupil's residence, in such form as the court may require8under the provisions of section 16-1807, Idaho Code.9 The superintendent of any district or the principal of any school may tem- 10 porarily suspend any pupil for disciplinary reasons or for other conduct dis- 11 ruptive of good order or of the instructional effectiveness of the school. A 12 temporary suspension by the principal shall not exceed five (5) school days in 13 length; and the school superintendent may extend the temporary suspension an 14 additional ten (10) school days. Provided, that on a finding by the board of 15 trustees that immediate return to school attendance by the temporarily sus- 16 pended student would be detrimental to other pupils' health, welfare or 17 safety, the board of trustees may extend the temporary suspension for an addi- 18 tional five (5) school days. Prior to suspending any student, the superintend- 19 ent or principal shall grant an informal hearing on the reasons for the sus- 20 pension and the opportunity to challenge those reasons. Any pupil who has been 21 suspended may be readmitted to the school by the superintendent or principal 22 who suspended him upon such reasonable conditions as said superintendent or 23 principal may prescribe. The board of trustees shall be notified of any tempo- 24 rary suspensions, the reasons therefor, and the response, if any, thereto. 25 The board of trustees of each school district shall establish the proce- 26 dure to be followed by the superintendent and principals under its jurisdic- 27 tion for the purpose of effecting a temporary suspension, which procedure must 28 conform to the minimal requirements of due process. 29 SECTION 2. That Section 33-206, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 33-206. HABITUAL TRUANT DEFINED. An habitual truant is any pupil who, in 32 the judgment of the board of trustees, repeatedly has violated the attendance 33 regulations established by the board; or any child whose parents or guardians, 34 or any of them, have failed or refused to cause such child to be instructed as 35 provided in section 33-202, Idaho Code, and the child shall come under the 36 purview of the juvenile corrections act if he or she is within the age of com- 37 pulsory attendance. 38 Whenever itshall come to the attentionis determined, under procedures 39 established of the board of trustees of any school district, that any child 40 repeatedly has violated the attendance regulations established by the board or 41 that the parents or guardians of any child are failing to meet the require- 42 ments of section 33-202, Idaho Code, an authorized representative of the board 43 may refer the matter to the prosecuting attorney with a recommendation that a 44 petition shall be filedwith the probate court of the county in which the45child resides, as provided in section 33- 205in the magistrate's division of 46 the district court of the county of the pupil's residence, in such form as the 47 court may require under the provisions of section 20-510, Idaho Code.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001Moved by Young Seconded by Tilman IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENTS TO H.B. NO. 326 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, in line 23, delete "shallmay" and 3 insert: "shall". 4 AMENDMENTS TO SECTION 2 5 On page 2, in line 31, following "any" insert: "public school"; in line 6 38, following "procedures" insert: "providing due process of law which have 7 been"; in line 39, following "established" delete "of" and insert: "ofby"; 8 and also in line 39, following "child" insert: "registered in public school". 9 AMENDMENT TO THE BILL 10 On page 2, following line 47, insert: 11 "SECTION 3. That Section 20-527, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 20-527. SCHOOL TRUSTEES TO REPORT TRUANTS. When a juvenile of compulsory 14 school age isexpelled the board of trustees of the school district or the15board's delegated representatives shallreported to have repeatedly violated 16 the attendance regulations of the school district in which the juvenile is 17 enrolled, pursuant to section 33-206, Idaho Code, the prosecuting attorney may 18 file a petition under this act.as provided in section 33-205, Idaho Code.The 19 court shall cause an investigation to be made and upon receipt of the written 20 report of the investigation, the court may proceed under this act or the child 21 protective act with respect to the juvenile and may proceed against the 22 juvenile's parent(s), guardian or custodian under this act pursuant to section 23 33-207, Idaho Code.". 24 CORRECTIONS TO TITLE 25 On page 1, in line 3, delete "MAY" and insert: "SHALL"; in line 4, delete 26 "AND"; in line 7, following "CORRECTIONS" insert: "; AND AMENDING SECTION 27 20-527, IDAHO CODE, TO GOVERN ACTION AGAINST A TRUANT PURSUANT TO THE JUVENILE 28 CORRECTIONS ACT".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 326, As Amended, As Amended in the Senate BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO ATTENDANCE AT SCHOOLS; AMENDING SECTION 33-205, IDAHO CODE, TO 3 PROVIDE THAT ANY PUPIL OF COMPULSORY ATTENDANCE AGE WHO IS DENIED ATTEN- 4 DANCE SHALL COME UNDER THE PURVIEW OF THE JUVENILE CORRECTIONS ACT AND TO 5 PROVIDE THAT NOTICE OF PUPIL'S STATUS SHALL BE GIVEN TO THE PROSECUTING 6 ATTORNEY OF THE COUNTY OF THE PUPIL'S RESIDENCE; AMENDING SECTION 33-206, 7 IDAHO CODE, TO PROVIDE THE PROCEDURE FOR THE BOARD OF TRUSTEES OF A SCHOOL 8 DISTRICT WHEN A CHILD IS DETERMINED TO BE IN VIOLATION OF ATTENDANCE 9 REQUIREMENTS AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 10 20-527, IDAHO CODE, TO GOVERN ACTION AGAINST A TRUANT PURSUANT TO THE 11 JUVENILE CORRECTIONS ACT. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 33-205, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 33-205. DENIAL OF SCHOOL ATTENDANCE. The board of trustees may deny 16 enrollment, or may deny attendance at any of its schools by expulsion, to any 17 pupil who is an habitual truant, or who is incorrigible, or whose conduct, in 18 the judgment of the board, is such as to be continuously disruptive of school 19 discipline, or of the instructional effectiveness of the school, or whose 20 presence in a public school is detrimental to the health and safety of other 21 pupils, or who has been expelled from another school district in this state or 22 any other state. Any pupil having been denied enrollment or expelled may be 23 enrolled or readmitted to the school by the board of trustees upon such rea- 24 sonable conditions as may be prescribed by the board; but such enrollment or 25 readmission shall not prevent the board from again expelling such pupil for 26 cause. 27 Provided however, the board shall expel from school for a period of not 28 less than one (1) year, twelve (12) calendar months, or may deny enrollment 29 to, a student who has been found to have carried a weapon or firearm on school 30 property in this state or any other state, except that the board may modify 31 the expulsion or denial of enrollment order on a case-by-case basis. Disci- 32 pline of students with disabilities shall be in accordance with the require- 33 ments of federal law part B of the individuals with disabilities education act 34 and section 504 of the rehabilitation act. An authorized representative of the 35 board shall report such student and incident to the appropriate law enforce- 36 ment agency. 37 No pupil shall be expelled nor denied enrollment without the board of 38 trustees having first given written notice to the parent or guardian of the 39 pupil, which notice shall state the grounds for the proposed expulsion or 40 denial of enrollment and the time and place where such parent or guardian may 41 appear to contest the action of the board to deny school attendance, and which 42 notice shall also state the rights of the pupil to be represented by counsel, 43 to produce witnesses and submit evidence onitshis own behalf, and to cross- 2 1 examine any adult witnesses who may appear against him. Within a reasonable 2 period of time following such notification, the board of trustees shall grant 3 the pupil and his parents or guardian a full and fair hearing on the proposed 4 expulsion or denial of enrollment. However, the board shall allow a reasonable 5 period of time between such notification and the holding of such hearing to 6 allow the pupil and his parents or guardian to prepare their response to the 7 charge.Any pupil who is within the age of compulsory attendance, who is8expelled or denied enrollment as herein provided, shall come under the purview9 of theyouth rehabilitation lawjuvenile corrections act, and an authorized 10 representative of the board shall,file a petition with the magistrate divi-11sion of the district courtwithin five (5) days, give written notice of the 12 pupil's expulsion to the prosecuting attorney of the county of the pupil's 13 residence, in such form as the court may require under the provisions of sec-14tion 16-1807, Idaho Code. 15 The superintendent of any district or the principal of any school may tem- 16 porarily suspend any pupil for disciplinary reasons or for other conduct dis- 17 ruptive of good order or of the instructional effectiveness of the school. A 18 temporary suspension by the principal shall not exceed five (5) school days in 19 length; and the school superintendent may extend the temporary suspension an 20 additional ten (10) school days. Provided, that on a finding by the board of 21 trustees that immediate return to school attendance by the temporarily sus- 22 pended student would be detrimental to other pupils' health, welfare or 23 safety, the board of trustees may extend the temporary suspension for an addi- 24 tional five (5) school days. Prior to suspending any student, the superintend- 25 ent or principal shall grant an informal hearing on the reasons for the sus- 26 pension and the opportunity to challenge those reasons. Any pupil who has been 27 suspended may be readmitted to the school by the superintendent or principal 28 who suspended him upon such reasonable conditions as said superintendent or 29 principal may prescribe. The board of trustees shall be notified of any tempo- 30 rary suspensions, the reasons therefor, and the response, if any, thereto. 31 The board of trustees of each school district shall establish the proce- 32 dure to be followed by the superintendent and principals under its jurisdic- 33 tion for the purpose of effecting a temporary suspension, which procedure must 34 conform to the minimal requirements of due process. 35 SECTION 2. That Section 33-206, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 33-206. HABITUAL TRUANT DEFINED. An habitual truant is any public school 38 pupil who, in the judgment of the board of trustees, repeatedly has violated 39 the attendance regulations established by the board; or any child whose par- 40 ents or guardians, or any of them, have failed or refused to cause such child 41 to be instructed as provided in section 33-202, Idaho Code, and the child 42 shall come under the purview of the juvenile corrections act if he or she is 43 within the age of compulsory attendance. 44 Whenever itshall come to the attentionis determined, under proceduresof45 by the board of trustees of any school district that any child enrolled in 46 public school repeatedly has violated the attendance regulations established 47 by the board or that the parents or guardians of any child are failing to meet 48 the requirements of section 33-202, Idaho Code, an authorized representative 49 of the board shall notify in writing the prosecuting attorney in the county of 50 the pupil's residence and recommend that a petition shall be filedwith the51probate court of the county in which the child resides, as provided in section5233- 205in the magistrate's division of the district court of the county of 53 the pupil's residence, in such form as the court may require under the provi- 3 1 sions of section 20-510, Idaho Code. 2 SECTION 3. That Section 20-527, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 20-527. SCHOOL TRUSTEES TO REPORT TRUANTS. When a juvenile of compulsory 5 school age is expelledthe board of trustees of the school district or the6board's delegated representatives shallor is reported to have repeatedly vio- 7 lated the attendance regulations of the school district in which the juvenile 8 is enrolled, pursuant to section 33-206, Idaho Code, the prosecuting attorney 9 may file a petition under this act.as provided in section 33-205, Idaho Code.10 The court shall cause an investigation to be made and upon receipt of the 11 written report of the investigation, the court may proceed under this act or 12 the child protective act with respect to the juvenile and may proceed against 13 the juvenile's parent(s), guardian or custodian under this act pursuant to 14 section 33-207, Idaho Code.
STATEMENT OF PURPOSE RS 10947C2 This RS addresses a couple of wording changes in the third paragraph of Idaho Code 33-205 and the second paragraph of Idaho Code 33-206. The changes cause the legislation to more adequately deal with the jurisdiction of pupils within the age of compulsory attendance age who are experiencing attendance related issues. The legislation enables the responsible agencies and/or departments to employ the Juvenile Corrections Act instead of the Youth Rehabilitation Act to better address pupils with school attendance problems that may be correction related for potential offenders. The wording also facilitates some agency discretion in handling incidents by changing some shall statements to may statements, while protecting due process for pupils. FISCAL IMPACT The fiscal impact will be negligible to slightly positive as some instances will require less investment in time and expense because of intra agency collaboration. Contact Name: Gary Young Phone: 332-1218 Doug Whitney Tom Trail STATEMENT OF PURPOSE/FISCAL NOTE H 326