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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN 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 onitshis 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 theyouth rehabilitation lawjuvenile corrections act, and an authorized 10 representative of the board shall,file a petition with the magistrate divi-11sion of the district courtwithin 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-14tion 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 itshall come to the attention ofis 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 filedwith the probate court of the county in which53the child resides, as provided in section 33-205in 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 expelledthe board of trustees of the school district or the7board's delegated representatives shallor 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 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