2001 Legislation
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HOUSE BILL NO. 326 – School attendance, student, violatn

HOUSE BILL NO. 326

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN 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  board shall may 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 on its his 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  is
  4    expelled or denied enrollment as herein provided, shall come under the purview
  5    of the youth rehabilitation law, and an authorized representative of the board
  6    shall  file  a  petition with the magistrate division of the district court of
  7    the county of the pupil's residence, in such form as  the  court  may  require
  8    under 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 it shall come to the attention is  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 filed with the probate court of  the  county  in  which  the
 45    child  resides, as provided in section 33- 205 in 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.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                                     Moved 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  "shall  may"    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: "of by";
  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 is expelled the board of trustees of the  school  district  or  the
 15    board's  delegated  representatives shall reported 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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN 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 on its his 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  is
  8    expelled or denied enrollment as herein provided, shall come under the purview
  9    of  the  youth  rehabilitation law juvenile corrections act, and an authorized
 10    representative of the board shall, file a petition with the  magistrate  divi-
 11    sion  of  the  district court within 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-
 14    tion 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 it shall come to the attention is determined, under procedures of
 45    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 filed with the
 51    probate court of the county in which the child resides, as provided in section
 52    33- 205 in 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 expelled the board of trustees of the  school  district  or  the
  6    board's delegated representatives shall or 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 / Fiscal Impact


        

                      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