View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
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 - 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
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