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H0548aa........................................................by EDUCATION
STUDENTS - ALCOHOL/CONTROLLED SUBSTANCE USE - Amends existing law to revise
the procedure governing the response by school employees when a student
makes a voluntary disclosure and when a student is reasonably suspicioned
to be using or under the influence of alcohol or a controlled substance; to
provide immunity and to define terms.
02/04 House intro - 1st rdg - to printing
02/05 Rpt prt - to Educ
02/22 Rpt out - to Gen Ord
02/25 Rpt out amen - to engros
02/26 Rpt engros - 1st rdg - to 2nd rdg as amen
02/27 2nd rdg - to 3rd rdg as amen
03/04 3rd rdg as amen - PASSED - 64-1-5
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Black, Block, Boe,
Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gould, Hadley, Hammond, Harwood, Henbest, Hornbeck,
Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz, Lake, Langford,
Loertscher, Mader, Martinez, McKague, Meyer, Montgomery, Mortensen,
Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Robison, Sali,
Schaefer, Shepherd, Smith(33), Smylie, Stevenson, Stone, Tilman,
Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- Smith(23)
Absent and excused -- Bieter, Gagner, Higgins, Roberts, Sellman
Floor Sponsor - Aikele
Title apvd - to Senate
03/05 Senate 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 - 29-5-1
AYES -- Andreason, Boatright, Branch Brandt, Bunderson, Burtenshaw,
Cameron, Darrington, Deide, Dunklin, Frasure, Goedde, Hill, Ingram,
Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson,
Risch, Sandy, Sorensen, Stegner, Thorne, Wheeler, Williams
NAYS -- Davis, Geddes, Hawkins, Schroeder, Sims
Absent and excused -- Stennett
Floor Sponsor - Goedde
Title apvd - to House
To enrol - rpt enrol - Sp signed - Pres signed
03/18 To Governor
03/27 Governor signed
Session Law Chapter 353
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 548
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO STUDENTS USING OR UNDER THE INFLUENCE OF CONTROLLED SUBSTANCES;
3 AMENDING SECTION 33-210, IDAHO CODE, TO REVISE THE PROCEDURE GOVERNING THE
4 RESPONSE BY SCHOOL EMPLOYEES WHEN A STUDENT MAKES A VOLUNTARY DISCLOSURE
5 AND WHEN A STUDENT IS REASONABLY SUSPICIONED TO BE USING OR UNDER THE
6 INFLUENCE OF A CONTROLLED SUBSTANCE, TO PROVIDE IMMUNITY AND TO DEFINE
7 TERMS.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 33-210, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 33-210. STUDENTS USING OR UNDER THE INFLUENCE OF CONTROLLED SUBSTANCES.
12 (1) It is legislative intent that parental involvement in all aspects of a
13 child's education in the public school system remain a priority in administra-
14 tive policy. Drug prevention programs and counseling for students under the
15 custodial and tutelary care of the attending public schools are no exception.
16 Consequently, any student who voluntarily discloses it is the duty of the
17 board of trustees of each school district, including specially chartered
18 school districts, and governing boards of charter schools, to adopt and imple-
19 ment policies specifying how district personnel respond when a student dis-
20 closes or is reasonably suspicioned to be using or being under the influence
21 of any controlled substance defined by section 37-2732C, Idaho Code., before
22 he or she is reasonably suspicioned to be in violation of section 37-2732C,
23 Idaho Code, shall be provided Such policies shall include provisions that ano-
24 nymity to the extent that disclosure is held confidential will be provided to
25 the student on a faculty "need to know" basis, that when a student voluntarily
26 discloses using or being under the influence of any controlled substance while
27 on school property or at a school function, except as deemed reasonably neces-
28 sary to protect the health and safety of others. Nnotification is of the dis-
29 closure and availability of counseling for students shall be provided to par-
30 ents, the legal guardian or child's custodian. and that available counseling
31 at the school level is offered. However, once a student is reasonably
32 suspicioned to be using or under the influence of a controlled substance in
33 violation of section 37-2732C, Idaho Code, regardless of any previous volun-
34 tary disclosure, the school administrators or designee shall immediately ini-
35 tiate procedures established by the district board of trustees to seek law
36 enforcement evaluation of the student; such evaluation possibly resulting in
37 transfer of school custodial responsibility to that of law enforcement in
38 accordance with section 20-516, Idaho Code contact the student's parent, legal
39 guardian or custodian, and report the incident to law enforcement. The fact
40 that a student has previously disclosed use of a controlled substance shall
41 not be deemed a factor in determining reasonable suspicion at a later date.
42 (2) In addition to policies adopted pursuant to this section, students
43 may, at the discretion of the district board of trustees or governing board of
2
1 a charter school, be subject to other disciplinary or safety policies, regard-
2 less whether the student voluntarily discloses or is reasonably suspicioned to
3 be under the influence of a controlled substance in violation of section
4 37-2732C, Idaho Code.
5 (3) The district board of trustees or the governing board of the charter
6 schools shall develop procedures for contacting law enforcement and the
7 student's parents, legal guardian or custodian regarding a student reasonably
8 suspicioned to be using or under the influence of a controlled substance. Dis-
9 trict and charter school policies formulated to meet the provisions of section
10 37-2732C, Idaho Code, and this section shall be made available to each stu-
11 dent, parent, guardian or custodian by August 31, 2002, and afterwards at the
12 time of original registration of the student.
13 (4) Any school district employee or independent contractor of an educa-
14 tional institution who has a reasonable suspicion that a student is using or
15 is under the influence of a controlled substance and, acting upon that belief,
16 reports that suspicion to a school administrator or initiates procedures
17 adopted by the board of trustees or governing board of the charter school pur-
18 suant to this section, shall have immunity from any liability, civil or crimi-
19 nal, that might otherwise be incurred or imposed. Any such participant shall
20 have the same immunity with respect to participation in any judicial proceed-
21 ing resulting from such report. Any person who reports in bad faith or with
22 malice shall not be protected by this section. Employees and independent con-
23 tractors of educational institutions who intentionally harass a student
24 through the misuse of the authority provided in this section shall not be im-
25 mune from civil liability arising from the wrongful exercise of that authority
26 and shall be guilty of a misdemeanor punishable by a fine not to exceed three
27 hundred dollars ($300).
28 (5) For the purposes of this section, the following definitions shall
29 apply:
30 (a) "Intervention trained" means employees and independent contractors of
31 an educational institution who have completed a state accredited course
32 related to illegal drugs, their physical characteristics, physiological
33 effects and how student behavioral changes typically associated with the
34 use of such products may be evidenced in the classroom; or before May 31,
35 1997, those employees and independent contractors of an educational insti-
36 tution who have completed similar training and who have a minimum of two
37 (2) years experience as intervention team members. The latter are exempt
38 from additional training to meet "intervention trained" standards in
39 effect after May 31, 1997.
40 (b) "Reasonable cause/suspicion" means an act of judgment by an interven-
41 tion trained school employee or independent contractor of an educational
42 institution which leads to a reasonable and prudent belief that a student
43 is in violation of school district policy regarding controlled substance
44 use, or the "use" or "under the influence" provisions of section 37-2732C,
45 Idaho Code.
46 (3) By September 1, 1996, the state department of education, in coopera-
47 tion with the chief certification officer of the state board of education,
48 shall develop course materials and standards appropriate to establishing
49 intervention training as an accredited option among public education recerti-
50 fication electives. Such training shall be made available not later than May
51 31, 1997.
52 (4) The process leading to law enforcement evaluation of a reasonably
53 suspected student is a responsibility of the district board of trustees, the
54 specifics of which shall be based on procedures developed within each district
55 to insure that reasonable suspicion, as defined above, is not confused with
3
1 intentional harassment of a difficult student. District policy formulated to
2 meet the provisions of section 37-2732C, Idaho Code, and this section,
3 together with the process by which law enforcement may assume custodial
4 responsibility of a reasonably suspected student, shall be made available to
5 each student, parent, guardian or custodian by August 31, 1997, and afterwards
6 at the time of original registration of the student in a district school. The
7 procedure for parental, legal guardian or custodian notification will be
8 included.
9 (5) Intervention trained employees and independent contractors of educa-
10 tional institutions who in good faith and with appropriate foundation exercise
11 the authority granted in this section shall be immune from civil liability
12 arising from the exercise of that authority.
13 (6) Intervention trained employees and independent contractors of educa-
14 tional institutions who intentionally harass a student through the misuse of
15 the authority provided in this section shall not be immune from civil liabil-
16 ity arising from the wrongful exercise of that authority and shall be guilty
17 of a misdemeanor punishable by a fine not to exceed three hundred dollars
18 ($300) only.
19 (7) For purposes of this section,
20 (b) "iIntentionally harass" means a knowing and willful course of conduct
21 directed at a specific student which seriously alarms, annoys, threatens
22 or intimidates the student and which serves no legitimate purpose. The
23 course of conduct must be such as would cause a reasonable person to suf-
24 fer substantial emotional distress.
25 (c) "Course of conduct" means a pattern or series of acts over a period
26 of time, however short, evidencing a continuity of purpose. Constitution-
27 ally and statutorily protected activity is not included within the meaning
28 of "course of conduct."
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
Moved by Aikele
Seconded by Young
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 548
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, delete lines 11 through 43, and on page 2,
3 delete lines 1 through 55, and insert:
4 "33-210. STUDENTS USING OR UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED
5 SUBSTANCES. (1) It is legislative intent that parental involvement in all
6 aspects of a child's education in the public school system remain a priority.
7 in administrative policy. Drug Substance abuse prevention programs and coun-
8 seling for students under the custodial and tutelary care of the attending
9 public schools are no exception. Consequently, any student who voluntarily
10 discloses it is the duty of the board of trustees of each school district,
11 including specially chartered school districts, and governing boards of
12 charter schools, to adopt and implement policies specifying how personnel
13 shall respond when a student discloses or is reasonably suspected of using or
14 being under the influence of alcohol or any controlled substance defined by
15 section 37-2732C, Idaho Code., before he or she is reasonably suspicioned to
16 be in violation of section 37-2732C, Idaho Code, shall be provided Such poli-
17 cies shall include provisions that anonymity to the extent that disclosure is
18 held confidential will be provided to the student on a faculty "need to know"
19 basis, that when a student voluntarily discloses using or being under the
20 influence of alcohol or any controlled substance while on school property or
21 at a school function, except as deemed reasonably necessary to protect the
22 health and safety of others. Nnotification is of the disclosure and availabil-
23 ity of counseling for students shall be provided to parents, the legal guard-
24 ian or child's custodian. and that available counseling at the school level is
25 offered. However, once a student is reasonably suspicioned to be suspected of
26 using or being under the influence of alcohol or a controlled substance in
27 violation of section 37-2732C, Idaho Code, regardless of any previous volun-
28 tary disclosure, the school administrators or designee shall immediately ini-
29 tiate procedures established by the district board of trustees to seek law
30 enforcement evaluation of the student; such evaluation possibly resulting in
31 transfer of school custodial responsibility to that of law enforcement in
32 accordance with section 20-516, Idaho Code contact the student's parent, legal
33 guardian or custodian, and report the incident to law enforcement. The fact
34 that a student has previously disclosed use of alcohol or a controlled sub-
35 stance shall not be deemed a factor in determining reasonable suspicion at a
36 later date.
37 (2) In addition to policies adopted pursuant to this section, students
38 may, at the discretion of the district board of trustees or governing board of
39 a charter school, be subject to other disciplinary or safety policies, regard-
40 less whether the student voluntarily discloses or is reasonably suspected of
41 using or being under the influence of alcohol or a controlled substance in
42 violation of district or charter school policy or section 37-2732C, Idaho
43 Code.
2
1 (3) The district board of trustees or the governing board of the charter
2 school shall ensure that procedures are developed for contacting law enforce-
3 ment and the student's parents, legal guardian or custodian regarding a stu-
4 dent reasonably suspected of using or being under the influence of alcohol or
5 a controlled substance. District and charter school policies formulated to
6 meet the provisions of section 37-2732C, Idaho Code, and this section shall be
7 made available to each student, parent, guardian or custodian by August 31,
8 2002, and thereafter as provided by section 33-512 6., Idaho Code.
9 (4) Any school district employee or independent contractor of an educa-
10 tional institution who has a reasonable suspicion that a student is using or
11 is under the influence of alcohol or a controlled substance and, acting upon
12 that suspicion, reports that suspicion to a school administrator or initiates
13 procedures adopted by the board of trustees or governing board of the charter
14 school pursuant to this section, shall have immunity from any liability, civil
15 or criminal, that might otherwise be incurred or imposed. Any such participant
16 shall have the same immunity with respect to participation in any judicial
17 proceeding resulting from such report. Any person who reports in bad faith or
18 with malice shall not be protected by this section. Employees and independent
19 contractors of educational institutions who intentionally harass a student
20 through the misuse of the authority provided in this section shall not be im-
21 mune from civil liability arising from the wrongful exercise of that authority
22 and shall be guilty of a misdemeanor punishable by a fine not to exceed three
23 hundred dollars ($300).
24 (5) For the purposes of this section, the following definitions shall
25 apply:
26 (a) "Intervention trained" means employees and independent contractors of
27 an educational institution who have completed a state accredited course
28 related to illegal drugs, their physical characteristics, physiological
29 effects and how student behavioral changes typically associated with the
30 use of such products may be evidenced in the classroom; or before May 31,
31 1997, those employees and independent contractors of an educational insti-
32 tution who have completed similar training and who have a minimum of two
33 (2) years experience as intervention team members. The latter are exempt
34 from additional training to meet "intervention trained" standards in
35 effect after May 31, 1997.
36 (b) "Reasonable cause/suspicion" means an act of judgment by an interven-
37 tion trained school employee or independent contractor of an educational
38 institution which leads to a reasonable and prudent belief that a student
39 is in violation of school board or charter school governing board policy
40 regarding alcohol or controlled substance use, or the "use" or "under the
41 influence" provisions of section 37-2732C, Idaho Code. Said judgment shall
42 be based on training in recognizing the signs and symptoms of alcohol and
43 controlled substance use.
44 (3) By September 1, 1996, the state department of education, in coopera-
45 tion with the chief certification officer of the state board of education,
46 shall develop course materials and standards appropriate to establishing
47 intervention training as an accredited option among public education recerti-
48 fication electives. Such training shall be made available not later than May
49 31, 1997.
50 (4) The process leading to law enforcement evaluation of a reasonably
51 suspected student is a responsibility of the district board of trustees, the
52 specifics of which shall be based on procedures developed within each district
53 to insure that reasonable suspicion, as defined above, is not confused with".
3
1 CORRECTIONS TO TITLE
2 On page 1, delete lines 2 through 7, and insert:
3 "RELATING TO STUDENTS USING OR BEING UNDER THE INFLUENCE OF ALCOHOL OR CON-
4 TROLLED SUBSTANCES; AMENDING SECTION 33-210, IDAHO CODE, TO REVISE THE
5 PROCEDURE GOVERNING THE RESPONSE BY SCHOOL EMPLOYEES WHEN A STUDENT MAKES
6 A VOLUNTARY DISCLOSURE AND WHEN A STUDENT IS REASONABLY SUSPECTED OF USING
7 OR BEING UNDER THE INFLUENCE OF ALCOHOL OR A CONTROLLED SUBSTANCE, TO PRO-
8 VIDE IMMUNITY AND TO DEFINE TERMS.".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 548, As Amended
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO STUDENTS USING OR BEING UNDER THE INFLUENCE OF ALCOHOL OR CON-
3 TROLLED SUBSTANCES; AMENDING SECTION 33-210, IDAHO CODE, TO REVISE THE
4 PROCEDURE GOVERNING THE RESPONSE BY SCHOOL EMPLOYEES WHEN A STUDENT MAKES
5 A VOLUNTARY DISCLOSURE AND WHEN A STUDENT IS REASONABLY SUSPECTED OF USING
6 OR BEING UNDER THE INFLUENCE OF ALCOHOL OR A CONTROLLED SUBSTANCE, TO PRO-
7 VIDE IMMUNITY AND TO DEFINE TERMS.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 33-210, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 33-210. STUDENTS USING OR UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED
12 SUBSTANCES. (1) It is legislative intent that parental involvement in all
13 aspects of a child's education in the public school system remain a priority.
14 in administrative policy. Drug Substance abuse prevention programs and coun-
15 seling for students under the custodial and tutelary care of the attending
16 public schools are no exception. Consequently, any student who voluntarily
17 discloses it is the duty of the board of trustees of each school district,
18 including specially chartered school districts, and governing boards of
19 charter schools, to adopt and implement policies specifying how personnel
20 shall respond when a student discloses or is reasonably suspected of using or
21 being under the influence of alcohol or any controlled substance defined by
22 section 37-2732C, Idaho Code., before he or she is reasonably suspicioned to
23 be in violation of section 37-2732C, Idaho Code, shall be provided Such poli-
24 cies shall include provisions that anonymity to the extent that disclosure is
25 held confidential will be provided to the student on a faculty "need to know"
26 basis, that when a student voluntarily discloses using or being under the
27 influence of alcohol or any controlled substance while on school property or
28 at a school function, except as deemed reasonably necessary to protect the
29 health and safety of others. Nnotification is of the disclosure and availabil-
30 ity of counseling for students shall be provided to parents, the legal guard-
31 ian or child's custodian. and that available counseling at the school level is
32 offered. However, once a student is reasonably suspicioned to be suspected of
33 using or being under the influence of alcohol or a controlled substance in
34 violation of section 37-2732C, Idaho Code, regardless of any previous volun-
35 tary disclosure, the school administrators or designee shall immediately ini-
36 tiate procedures established by the district board of trustees to seek law
37 enforcement evaluation of the student; such evaluation possibly resulting in
38 transfer of school custodial responsibility to that of law enforcement in
39 accordance with section 20-516, Idaho Code contact the student's parent, legal
40 guardian or custodian, and report the incident to law enforcement. The fact
41 that a student has previously disclosed use of alcohol or a controlled sub-
42 stance shall not be deemed a factor in determining reasonable suspicion at a
43 later date.
2
1 (2) In addition to policies adopted pursuant to this section, students
2 may, at the discretion of the district board of trustees or governing board of
3 a charter school, be subject to other disciplinary or safety policies, regard-
4 less whether the student voluntarily discloses or is reasonably suspected of
5 using or being under the influence of alcohol or a controlled substance in
6 violation of district or charter school policy or section 37-2732C, Idaho
7 Code.
8 (3) The district board of trustees or the governing board of the charter
9 school shall ensure that procedures are developed for contacting law enforce-
10 ment and the student's parents, legal guardian or custodian regarding a stu-
11 dent reasonably suspected of using or being under the influence of alcohol or
12 a controlled substance. District and charter school policies formulated to
13 meet the provisions of section 37-2732C, Idaho Code, and this section shall be
14 made available to each student, parent, guardian or custodian by August 31,
15 2002, and thereafter as provided by section 33-512 6., Idaho Code.
16 (4) Any school district employee or independent contractor of an educa-
17 tional institution who has a reasonable suspicion that a student is using or
18 is under the influence of alcohol or a controlled substance and, acting upon
19 that suspicion, reports that suspicion to a school administrator or initiates
20 procedures adopted by the board of trustees or governing board of the charter
21 school pursuant to this section, shall have immunity from any liability, civil
22 or criminal, that might otherwise be incurred or imposed. Any such participant
23 shall have the same immunity with respect to participation in any judicial
24 proceeding resulting from such report. Any person who reports in bad faith or
25 with malice shall not be protected by this section. Employees and independent
26 contractors of educational institutions who intentionally harass a student
27 through the misuse of the authority provided in this section shall not be im-
28 mune from civil liability arising from the wrongful exercise of that authority
29 and shall be guilty of a misdemeanor punishable by a fine not to exceed three
30 hundred dollars ($300).
31 (5) For the purposes of this section, the following definitions shall
32 apply:
33 (a) "Intervention trained" means employees and independent contractors of
34 an educational institution who have completed a state accredited course
35 related to illegal drugs, their physical characteristics, physiological
36 effects and how student behavioral changes typically associated with the
37 use of such products may be evidenced in the classroom; or before May 31,
38 1997, those employees and independent contractors of an educational insti-
39 tution who have completed similar training and who have a minimum of two
40 (2) years experience as intervention team members. The latter are exempt
41 from additional training to meet "intervention trained" standards in
42 effect after May 31, 1997.
43 (b) "Reasonable cause/suspicion" means an act of judgment by an interven-
44 tion trained school employee or independent contractor of an educational
45 institution which leads to a reasonable and prudent belief that a student
46 is in violation of school board or charter school governing board policy
47 regarding alcohol or controlled substance use, or the "use" or "under the
48 influence" provisions of section 37-2732C, Idaho Code. Said judgment shall
49 be based on training in recognizing the signs and symptoms of alcohol and
50 controlled substance use.
51 (3) By September 1, 1996, the state department of education, in coopera-
52 tion with the chief certification officer of the state board of education,
53 shall develop course materials and standards appropriate to establishing
54 intervention training as an accredited option among public education recerti-
55 fication electives. Such training shall be made available not later than May
3
1 31, 1997.
2 (4) The process leading to law enforcement evaluation of a reasonably
3 suspected student is a responsibility of the district board of trustees, the
4 specifics of which shall be based on procedures developed within each district
5 to insure that reasonable suspicion, as defined above, is not confused with
6 intentional harassment of a difficult student. District policy formulated to
7 meet the provisions of section 37-2732C, Idaho Code, and this section,
8 together with the process by which law enforcement may assume custodial
9 responsibility of a reasonably suspected student, shall be made available to
10 each student, parent, guardian or custodian by August 31, 1997, and afterwards
11 at the time of original registration of the student in a district school. The
12 procedure for parental, legal guardian or custodian notification will be
13 included.
14 (5) Intervention trained employees and independent contractors of educa-
15 tional institutions who in good faith and with appropriate foundation exercise
16 the authority granted in this section shall be immune from civil liability
17 arising from the exercise of that authority.
18 (6) Intervention trained employees and independent contractors of educa-
19 tional institutions who intentionally harass a student through the misuse of
20 the authority provided in this section shall not be immune from civil liabil-
21 ity arising from the wrongful exercise of that authority and shall be guilty
22 of a misdemeanor punishable by a fine not to exceed three hundred dollars
23 ($300) only.
24 (7) For purposes of this section,
25 (b) "iIntentionally harass" means a knowing and willful course of conduct
26 directed at a specific student which seriously alarms, annoys, threatens
27 or intimidates the student and which serves no legitimate purpose. The
28 course of conduct must be such as would cause a reasonable person to suf-
29 fer substantial emotional distress.
30 (c) "Course of conduct" means a pattern or series of acts over a period
31 of time, however short, evidencing a continuity of purpose. Constitution-
32 ally and statutorily protected activity is not included within the meaning
33 of "course of conduct."
STATEMENT OF PURPOSE
RS 11848
The proposed changes simplify and clarify the manner in which school
districts are to respond to a student who discloses or is suspected
of using or being under the influence of a controlled substance. The
original intent of the law remains intact and is bolstered by the
provisions. Specifically, the changes:
1. eliminate the confusion regarding the standards for district
personnel and law enforcement to act.
2. allow district personnel to call law enforcement or medical
personnel in an unsafe situation, even if a student selfreports.
3. clarify that districts may impose disciplinary sanctions
against a student who uses or is under the influence, regardless
whether the student admitted to using or being under the influence
of a controlled substance.
4. eliminate the requirement that only an “intervention trained”
person evaluate the student, leaving the determination to school
personnel and law enforcement.
FISCAL IMPACT
There will be no fiscal impact.
Contact
Name: Representative Janet Aikele
Phone: 208-332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 548