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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 - 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.
|||| 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".
|||| 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
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