2002 Legislation
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HOUSE BILL NO. 624 – School dist empl, criminal hist cks

HOUSE BILL NO. 624

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H0624................................by JUDICIARY, RULES AND ADMINISTRATION
SCHOOL DISTRICTS - EMPLOYEES - Amends existing law to require school
district employees to obtain criminal history checks within one month of
starting employment; and to require employees that have been in the employ
of a school district for five years or less to obtain criminal history
checks within one month from the date they are notified that they must
obtain criminal history checks.
                                                                        
02/12    House intro - 1st rdg - to printing
02/13    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 624
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CRIMINAL HISTORY CHECKS FOR SCHOOL  DISTRICT  EMPLOYEES;  AMENDING
  3        SECTION 33-512, IDAHO CODE, TO REQUIRE SCHOOL DISTRICT EMPLOYEES TO OBTAIN
  4        CRIMINAL  HISTORY  CHECKS  WITHIN  ONE MONTH OF STARTING EMPLOYMENT AND TO
  5        REQUIRE EMPLOYEES THAT HAVE BEEN IN THE EMPLOY OF A  SCHOOL  DISTRICT  FOR
  6        FIVE YEARS OR LESS TO OBTAIN CRIMINAL HISTORY CHECKS WITHIN ONE MONTH FROM
  7        THE DATE THEY ARE NOTIFIED THAT THEY MUST OBTAIN CRIMINAL HISTORY CHECKS.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section  33-512, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        33-512.  GOVERNANCE OF SCHOOLS. The board of trustees of each school  dis-
 12    trict shall have the following powers and duties:
 13        1.  To  fix  the  days  of  the year and the hours of the day when schools
 14    shall be in session. However:
 15        (a)  Each school district shall annually adopt and implement a school cal-
 16        endar which provides its students at each grade level with  the  following
 17        minimum number of instructional hours:
 18          Grades                             Hours
 19          9-12                               990
 20          4-8                                900
 21          1-3                                810
 22          K                                  450
 23        (b)  School  assemblies, testing and other instructionally related activi-
 24        ties involving students directly may be included in the required  instruc-
 25        tional hours.
 26        (c)  When  approved  by  a  local  school board, annual instructional hour
 27        requirements stated in paragraph (a) may be reduced as follows:
 28             (i)   Up to a total of twenty-two (22)  hours  to  accommodate  staff
 29             development  activities  conducted  on  such days as the local school
 30             board deems appropriate.
 31             (ii)  Up to a total of eleven (11) hours of emergency school closures
 32             due to adverse weather conditions and facility failures.
 33        However, transportation to and from school, passing times between classes,
 34        recess and lunch periods shall not be included.
 35        (d)  Student and staff activities related to the opening  and  closing  of
 36        the  school  year,  grade reporting, program planning, staff meetings, and
 37        other classroom and building management activities shall not be counted as
 38        instructional time or in the reductions provided in  paragraph  (c)(i)  of
 39        this section.
 40        (e)  For  multiple  shift programs, this rule applies to each shift (i.e.,
 41        each student must have access to the  minimum  annual  required  hours  of
 42        instructions).
 43        (f)  The  instructional  time  requirement  for  grade  12 students may be
                                                                        
                                           2
                                                                        
  1        reduced by action of a local school board for an amount  of  time  not  to
  2        exceed eleven (11) hours of instructional time.
  3        (g)  The state superintendent of public instruction may grant an exemption
  4        from  the  provisions  of this section for an individual building within a
  5        district, when the closure of that building, for unforeseen circumstances,
  6        does not affect the attendance of other buildings within the district.
  7        2.  To adopt and carry on, and provide for the financing of, a total  edu-
  8    cational  program  for  the  district.  Such programs in other than elementary
  9    school districts may include education programs for  out-of-school  youth  and
 10    adults; and such districts may provide classes in kindergarten;
 11        3.  To  provide, or require pupils to be provided with, suitable textbooks
 12    and supplies, and for advice on textbook selections  may  appoint  a  textbook
 13    adoption committee as provided in section 33-512A, Idaho Code;
 14        4.  To protect the morals and health of the pupils;
 15        5.  To exclude from school, children not of school age;
 16        6.  To  prescribe  rules  for  the disciplining of unruly or insubordinate
 17    pupils, such rules to be included in a district discipline code adopted by the
 18    board of trustees and a summarized version thereof to be provided  in  writing
 19    at  the beginning of each school year to the teachers and students in the dis-
 20    trict in a manner consistent with the student's age, grade and level  of  aca-
 21    demic achievement;
 22        7.  To  exclude from school, pupils with contagious or infectious diseases
 23    who are diagnosed or suspected as having a contagious or infectious disease or
 24    those who are not immune and have been exposed to a contagious  or  infectious
 25    disease;  and  to  close school on order of the state board of health or local
 26    health authorities;
 27        8.  To equip and maintain a suitable library or libraries in the school or
 28    schools and to exclude therefrom, and from the  schools,  all  books,  tracts,
 29    papers, and catechisms of sectarian nature;
 30        9.  To  determine  school  holidays.  Any listing of school holidays shall
 31    include not less than the following: New Year's Day,  Memorial  Day,  Indepen-
 32    dence  Day,  Thanksgiving Day, and Christmas Day. Other days listed in section
 33    73-108, Idaho Code, if the same shall fall on a school day, shall be  observed
 34    with  appropriate  ceremonies;  and  any days the state board of education may
 35    designate, following the proclamation by the governor, shall be  school  holi-
 36    days;
 37        10. To erect and maintain on each schoolhouse or school grounds a suitable
 38    flagstaff  or  flagpole,  and display thereon the flag of the United States of
 39    America on all days, except during inclement weather, when the  school  is  in
 40    session;  and  for each Veterans Day, each school in session shall conduct and
 41    observe an appropriate program of at least one (1)  class  period  remembering
 42    and honoring American veterans;
 43        11. To  prohibit  entrance  to each schoolhouse or school grounds, to pro-
 44    hibit loitering in schoolhouses or on school grounds and to  provide  for  the
 45    removal from each schoolhouse or school grounds of any individual or individu-
 46    als  who disrupt the educational processes or whose presence is detrimental to
 47    the morals, health, safety, academic learning or discipline of the  pupils.  A
 48    person  who  disrupts the educational process or whose presence is detrimental
 49    to the morals, health, safety, academic learning or discipline of  the  pupils
 50    or  who  loiters  in  schoolhouses or on school grounds, is guilty of a misde-
 51    meanor.
 52        12. To supervise and regulate,  including  by  contract  with  established
 53    entities,  those extracurricular activities which are by definition outside of
 54    or in addition  to the regular academic courses  or  curriculum  of  a  public
 55    school,  and  which extracurricular activities shall not be considered to be a
                                                                        
                                           3
                                                                        
  1    property, liberty or contract right of any student, and  such  extracurricular
  2    activities  shall  not be deemed a necessary element of a public school educa-
  3    tion, but shall be considered to be a privilege.
  4        13. To govern the school district in compliance with state law  and  rules
  5    of the state board of education.
  6        14. To  submit  to the superintendent of public instruction not later than
  7    July 1 of each year documentation which meets the  reporting  requirements  of
  8    the  federal  gun-free  schools  act  of  1994 as contained within the federal
  9    improving America's schools act of 1994.
 10        15. To require that all persons hired for the first time by  the  district
 11    or who have been in the employ of the district five (5) years or less, undergo
 12    a  criminal  history check as provided in section 33-130, Idaho Code. All such
 13    employees who are required to undergo a criminal history  check  shall  obtain
 14    the history check within three one (31)  months of starting employment, or for
 15    employees  with  five  (5)  years or less with the district, within three  one
 16    (31) months from the date such employee is notified that  he  must  undergo  a
 17    criminal history check. Such employees shall pay the cost of the criminal his-
 18    tory  check.  If  the  criminal history check shows that the employee has been
 19    convicted of a felony crime enumerated in  section  33-1208,  Idaho  Code,  it
 20    shall  be  grounds  for  immediate  termination,  dismissal or other personnel
 21    action of the district, except that it shall be the right of the  school  dis-
 22    trict  to  evaluate whether an individual convicted of one (1) of these crimes
 23    and having been incarcerated for that crime shall be hired. The  district  may
 24    require  any  or all persons who have been employed continuously with the same
 25    district for more than five (5) years, to undergo a criminal history check  as
 26    provided  in  section  33-130,  Idaho  Code. If the district elects to require
 27    criminal history checks of such employees, the district shall pay the costs of
 28    the criminal history check or reimburse employees for such cost. A  substitute
 29    teacher  who  has undergone a criminal history check at the request of one (1)
 30    district in which he has been employed as a substitute shall not  be  required
 31    to  undergo  an  additional criminal history check at the request of any other
 32    district in which he is employed as a substitute if the teacher has obtained a
 33    criminal history check within the previous three (3) years.  If  the  district
 34    next employing the substitute still elects to require another criminal history
 35    check  within  the  three (3) year period, that district shall pay the cost of
 36    the criminal history check or reimburse the substitute teacher for such cost.
 37        16. Each board of trustees of a school district shall be  responsible  for
 38    developing  a system for registering volunteers or contractors consistent with
 39    maintaining a safe environment for their students.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE
                        RS 11938



This legislation will accelerate the criminal history checks for 
school districts, making it possible to avoid the hire of those 
employees with criminal records prior to employment.


                     FISCAL IMPACT



No additional fiscal impact to the General Fund.




Contact
Name:	Rep. Debbie Field
Phone:	208-332-1000



STATEMENT OF PURPOSE/FISCAL NOTE		H 624