2001 Legislation
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SENATE BILL NO. 1133 – Schools, staff dvlpment activities


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Daily Data Tracking History

S1133..........................................................by EDUCATION
SCHOOLS - STAFF DEVELOPMENT - Amends existing law to provide that the
reduction in public school instructional hours, which is allowed to
accommodate staff development activities, shall be on days as deemed
appropriate by the local school board.
02/12    Senate intro - 1st rdg - to printing
02/13    Rpt prt - to Educ
02/26    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
03/05    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
      Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
      King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth,
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor -- Goedde
    Title apvd - to House
03/06    House intro - 1st rdg - to Educ
03/13    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 63-0-7
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Chase, Clark, Collins, Crow, Cuddy,
      Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gould, Hadley, Hammond, Harwood, Higgins, Hornbeck, Jaquet, Jones,
      Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley,
      McKague Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould,
      Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith,
      Smylie, Stevenson, Stone, Swan, Tilman, Trail, Young, Mr Speaker
      NAYS -- None
      Absent and excused -- Campbell, Gagner, Henbest, Meyer, Montgomery,
      Wheeler, Wood.
    Floor Sponsor -- Hammond
    Title apvd - to Senate
03/16    To enrol
03/19    Rpt enrol - Pres signed
03/20    Sp signed
03/21    To Governor
03/26    Governor signed
         Session Law Chapter 204
         Effective: 07/01/01

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                       IN THE SENATE
                                    SENATE BILL NO. 1133
                                   BY EDUCATION COMMITTEE
  1                                        AN ACT
  6    Be It Enacted by the Legislature of the State of Idaho:
  7        SECTION 1.  That Section 33-512, Idaho Code, be, and the  same  is  hereby
  8    amended to read as follows:
  9        33-512.  GOVERNANCE  OF SCHOOLS. The board of trustees of each school dis-
 10    trict shall have the following powers and duties:
 11        1.  To fix the days of the year and the hours  of  the  day  when  schools
 12    shall be in session. However:
 13        (a)  Each school district shall annually adopt and implement a school cal-
 14        endar  which  provides its students at each grade level with the following
 15        minimum number of instructional hours:
 16          Grades                             Hours
 17          9-12                               990
 18          4-8                                900
 19          1-3                                810
 20          K                                  450
 21        (b)  School assemblies, testing and other instructionally related  activi-
 22        ties  involving students directly may be included in the required instruc-
 23        tional hours.
 24        (c)  When approved by a local  school  board,  annual  instructional  hour
 25        requirements stated in paragraph (a) may be reduced as follows:
 26             (i)   Up  to  a  total  of twenty-two (22) hours to accommodate staff
 27             development activities conducted on such days  as  the  local  school
 28             board deems appropriate.
 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        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) of
 37        this section.
 38        (e)  For multiple shift programs, this rule applies to each  shift  (i.e.,
 39        each  student  must  have  access  to the minimum annual required hours of
 40        instructions).
 41        (f)  The instructional time requirement  for  grade  12  students  may  be
 42        reduced  by  action  of  a local school board for an amount of time not to
 43        exceed eleven (11) hours of instructional time.
  1        (g)  The state superintendent of public instruction may grant an exemption
  2        from the provisions of this section for an individual  building  within  a
  3        district, when the closure of that building, for unforeseen circumstances,
  4        does not affect the attendance of other buildings within the district.
  5        2.  To  adopt and carry on, and provide for the financing of, a total edu-
  6    cational program for the district. Such  programs  in  other  than  elementary
  7    school  districts  may  include education programs for out-of-school youth and
  8    adults; and such districts may provide classes in kindergarten;
  9        3.  To provide, or require pupils to be provided with, suitable  textbooks
 10    and  supplies,  and  for  advice on textbook selections may appoint a textbook
 11    adoption committee as provided in section 33-512A, Idaho Code;
 12        4.  To protect the morals and health of the pupils;
 13        5.  To exclude from school, children not of school age;
 14        6.  To prescribe rules for the disciplining  of  unruly  or  insubordinate
 15    pupils, such rules to be included in a district discipline code adopted by the
 16    board  of  trustees and a summarized version thereof to be provided in writing
 17    at the beginning of each school year to the teachers and students in the  dis-
 18    trict  in  a manner consistent with the student's age, grade and level of aca-
 19    demic achievement;
 20        7.  To exclude from school, pupils with contagious or infectious  diseases
 21    who are diagnosed or suspected as having a contagious or infectious disease or
 22    those  who  are not immune and have been exposed to a contagious or infectious
 23    disease; and to close school on order of the state board of  health  or  local
 24    health authorities;
 25        8.  To equip and maintain a suitable library or libraries in the school or
 26    schools  and  to  exclude  therefrom, and from the schools, all books, tracts,
 27    papers, and catechisms of sectarian nature;
 28        9.  To determine school holidays. Any listing  of  school  holidays  shall
 29    include  not  less  than the following: New Year's Day, Memorial Day, Indepen-
 30    dence Day, Thanksgiving Day, and Christmas Day. Other days listed  in  section
 31    73-108,  Idaho Code, if the same shall fall on a school day, shall be observed
 32    with appropriate ceremonies; and any days the state  board  of  education  may
 33    designate,  following  the proclamation by the governor, shall be school holi-
 34    days;
 35        10. To erect and maintain on each schoolhouse or school grounds a suitable
 36    flagstaff or flagpole, and display thereon the flag of the  United  States  of
 37    America  on  all  days, except during inclement weather, when the school is in
 38    session; and for each Veterans Day, each school in session shall  conduct  and
 39    observe  an  appropriate  program of at least one (1) class period remembering
 40    and honoring American veterans;
 41        11. To prohibit entrance to each schoolhouse or school  grounds,  to  pro-
 42    hibit  loitering  in  schoolhouses or on school grounds and to provide for the
 43    removal from each schoolhouse or school grounds of any individual or individu-
 44    als who disrupt the educational processes or whose presence is detrimental  to
 45    the  morals,  health, safety, academic learning or discipline of the pupils. A
 46    person who disrupts the educational process or whose presence  is  detrimental
 47    to  the  morals, health, safety, academic learning or discipline of the pupils
 48    or who loiters in schoolhouses or on school grounds, is  guilty  of  a  misde-
 49    meanor.
 50        12. To  supervise  and  regulate,  including  by contract with established
 51    entities, those extracurricular activities which are by definition outside  of
 52    or  in  addition  to  the  regular  academic courses or curriculum of a public
 53    school, and which extracurricular activities  shall not be considered to be  a
 54    property,  liberty  or contract right of any student, and such extracurricular
 55    activities shall not be deemed a necessary element of a public  school  educa-
  1    tion, but shall be considered to be a privilege.
  2        13. To  govern  the school district in compliance with state law and rules
  3    of the state board of education.
  4        14. To submit to the superintendent of public instruction not  later  than
  5    July  1  of  each year documentation which meets the reporting requirements of
  6    the federal gun-free schools act of  1994  as  contained  within  the  federal
  7    improving America's schools act of 1994.
  8        15. To  require  that all persons hired for the first time by the district
  9    or who have been in the employ of the district five (5) years or less, undergo
 10    a criminal history check as provided in section 33-130, Idaho Code.  All  such
 11    employees  who  are  required to undergo a criminal history check shall obtain
 12    the history check within three (3)  months  of  starting  employment,  or  for
 13    employees  with  five  (5)  years  or less with the district, within three (3)
 14    months from the date such employee is notified that he must undergo a criminal
 15    history check. Such employees shall pay  the  cost  of  the  criminal  history
 16    check.  If  the  criminal  history check shows that the employee has been con-
 17    victed of a felony crime enumerated in section 33-1208, Idaho Code,  it  shall
 18    be  grounds  for immediate termination, dismissal or other personnel action of
 19    the district, except that it shall be the right  of  the  school  district  to
 20    evaluate whether an individual convicted of one (1) of these crimes and having
 21    been  incarcerated for that crime shall be hired. The district may require any
 22    or all persons who have been employed continuously with the same district  for
 23    more  than  five (5) years, to undergo a criminal history check as provided in
 24    section 33-130, Idaho Code. If the district elects to require criminal history
 25    checks of such employees, the district shall pay the  costs  of  the  criminal
 26    history  check  or reimburse employees for such cost. A substitute teacher who
 27    has undergone a criminal history check at the request of one (1)  district  in
 28    which he has been employed as a substitute shall not be required to undergo an
 29    additional  criminal  history  check  at  the request of any other district in
 30    which he is employed as a substitute if the teacher has  obtained  a  criminal
 31    history  check  within  the  previous  three  (3) years.  If the district next
 32    employing the substitute still elects  to  require  another  criminal  history
 33    check  within  the  three (3) year period, that district shall pay the cost of
 34    the criminal history check or reimburse the substitute teacher for such cost.
 35        16. Each board of trustees of a school district shall be  responsible  for
 36    developing  a system for registering volunteers or contractors consistent with
 37    maintaining a safe environment for their students.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE
                            RS 11085
Currently Idaho Law allows school districts to include up to 22 hours
of staff development within the annual instructional hour requirement.
The language of the statute suggests that those hours must be scheduled
sometime after the school year begins for students and sometime before
the last day of school. In some instances, students are released from
school to allow districts to schedule professional development time for
the staff.

This amendment would give local school boards flexibility in scheduling
those staff development hours at any time "deemed appropriate" to meet
local professional development and scheduling needs. The hours can be
used before or after students begin classes, between sessions, when
classes are in session using substitutes, or on days when students are
released. This flexibility will help school districts prepare staff
members to implement Idaho s new achievement standards.

                          FISCAL IMPACT
No fiscal impact. The number of professional development hours remains
the same.

       Name:    Senator John Goedde
       Phone:   332 1355
       STATEMENT OF PURPOSE/FISCAL NOTE                     S 1133