2002 Legislation
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HOUSE BILL NO. 657 – School attendance, student, violatn

HOUSE BILL NO. 657

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Daily Data Tracking History



H0657..........................................................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.
                                                                        
02/15    House intro - 1st rdg - to printing
02/18    Rpt prt - to Educ
02/20    Rpt out - rec d/p - to 2nd rdg
02/21    2nd rdg - to 3rd rdg
02/27    3rd rdg - PASSED - 63-2-5
      AYES -- Aikele, Barraclough, Bedke, Bell, Bieter, Black, Block, Boe,
      Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Gagner,
      Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet,
      Kellogg(Duncan), Kendell, Kunz, Lake, Langford, Loertscher, Mader,
      Martinez, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner,
      Pomeroy, Raybould, Ridinger, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smith(33), Smylie, Stevenson, Stone, Tilman, Trail,
      Wheeler, Young, Mr. Speaker
      NAYS -- Barrett, McKague
      Absent and excused -- Field(20), Jones, Roberts, Smith(23), Wood
    Floor Sponsor - Young
    Title apvd - to Senate
02/28    Senate intro - 1st rdg - to Educ
03/11    Rpt out - rec d/p - to 2nd rdg
03/12    2nd rdg - to 3rd rdg
03/14    3rd rdg - PASSED - 21-4-10
      AYES -- Andreason, Boatright,  Brandt, Bunderson, Burtenshaw,
      Cameron, Darrington, Geddes, Goedde, Hill, Ipsen, Keough, Little,
      Lodge, Marley, Noh,  Risch, Sandy,  Sorensen, Stegner, Thorne,
      NAYS -- Davis, Deide, Schroeder, Sims
      Absent and excused -- Branch(Bartlett), Dunklin, Frasure, Hawkins,
      Ingram, King-Barrutia, Richardson, Stennett, Wheeler, Williams
    Floor Sponsor - Goedde
    Title apvd - to House
03/15    To enrol - rpt enrol - Sp signed
    Pres signed
03/15    To Governor
03/27    Governor signed
         Session Law Chapter 348
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 657
                                                                        
                                   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 of is determined by the  board  of
 45    trustees  of  any  school  district  that  any child enrolled in public school
 46    repeatedly has violated the attendance regulations established by  the  board,
 47    or whenever it is determined by the board under provisions providing due proc-
 48    ess  of  law for the student and his or her parents that the parents or guard-
 49    ians of any child are failing to meet  the  requirements  of  section  33-202,
 50    Idaho  Code, an authorized representative of the board shall notify in writing
 51    the prosecuting attorney in the county of the pupil's residence and  recommend
 52    that  a  petition shall be filed with the probate court of the county in which
 53    the child resides, as provided in section 33-205 in the  magistrates  division
                                                                        
                                       3
                                                                        
  1    of  the district court of the county of the pupil's residence, in such form as
  2    the court may require under the provisions of section 20-510, Idaho Code.
                                                                        
  3        SECTION 3.  That Section 20-527, Idaho Code, be, and the  same  is  hereby
  4    amended to read as follows:
                                                                        
  5        20-527.  SCHOOL  TRUSTEES TO REPORT TRUANTS. When a juvenile of compulsory
  6    school age is expelled the board of trustees of the  school  district  or  the
  7    board's delegated representatives shall or is reported to have repeatedly vio-
  8    lated  the attendance regulations of the school district in which the juvenile
  9    is enrolled, pursuant to section 33-206, Idaho Code, the prosecuting  attorney
 10    may file a petition under this act. as provided in section 33-205, Idaho Code.
 11    The  court  shall  cause  an  investigation to be made and upon receipt of the
 12    written report of the investigation, the court may proceed under this  act  or
 13    the  child protective act with respect to the juvenile and may proceed against
 14    the juvenile's parent(s), guardian or custodian under  this  act  pursuant  to
 15    section 33-207, Idaho Code.

Statement of Purpose / Fiscal Impact



                     STATEMENT OF PURPOSE
                          RS 11842C1
                               
                               
This legislation 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 Idaho Code to more
adequately deal with the jurisdiction of pupils within the age group
governed by compulsory attendance who are experiencing attendance
related issues.

The legislation directs the responsible authorities to employ
the Juvenile Corrections Act instead of the Youth Rehabilitation Act
which has been repealed. The wording also facilitates some agency
discretion in handling incidents by changing some "shall" statements
to "may" statements, while protecting "due process" for students of
compulsory attendance age.


                        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:  Representative Gary Young
Phone: 208-332-1000
Name:  Representative Tom Trail
Phone: 208-332-1000
Name:  Doug Whitney
     


STATEMENT OF PURPOSE/FISCAL NOTE           H 657