2002 Legislation
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SENATE BILL NO. 1306 – Schools/instructnl hrs reduced/when


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S1306..........................................................by SCHROEDER
SCHOOLS - INSTRUCTIONAL HOURS - Amends existing law to authorize a
reduction in the number of hours of instructional time required in public
schools when the distribution from the Public School Income Fund is
01/18    Senate intro - 1st rdg - to printing
01/21    Rpt prt - to Educ

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                       IN THE SENATE
                                    SENATE BILL NO. 1306
                                        BY SCHROEDER
  1                                        AN ACT
  5        ING AN EMERGENCY.
  6    Be It Enacted by the Legislature of the State of Idaho:
  7        SECTION 1.  That Section 33-512, Idaho Code, be, and the  same  is  hereby
  8    amended to read as follows:
  9        33-512.  GOVERNANCE  OF SCHOOLS. The board of trustees of each school dis-
 10    trict shall have the following powers and duties:
 11        1.  To fix the days of the year and the hours  of  the  day  when  schools
 12    shall be in session. However:
 13        (a)  Each school district shall annually adopt and implement a school cal-
 14        endar  which  provides its students at each grade level with the following
 15        minimum number of instructional hours:
 16          Grades                             Hours
 17          9-12                               990
 18          4-8                                900
 19          1-3                                810
 20          K                                  450
 21        (b)  School assemblies, testing and other instructionally related  activi-
 22        ties  involving students directly may be included in the required instruc-
 23        tional hours.
 24        (c)  When approved by a local  school  board,  annual  instructional  hour
 25        requirements stated in paragraph (a) may be reduced as follows:
 26             (i)   Up  to  a  total  of twenty-two (22) hours to accommodate staff
 27             development activities conducted on such days  as  the  local  school
 28             board deems appropriate.
 29             (ii)  Up to a total of eleven (11) hours of emergency school closures
 30             due to adverse weather conditions and facility failures.
 31             (iii) Any  number  of  hours determined necessary by the local school
 32             board when distributions from the public school income fund are defi-
 33             cient in any year and there is no  reasonable  expectation  that  the
 34             deficiency will be restored or reduced.
 35        However, transportation to and from school, passing times between classes,
 36        recess and lunch periods shall not be included.
 37        (d)  Student  and  staff  activities related to the opening and closing of
 38        the school year, grade reporting, program planning,  staff  meetings,  and
 39        other classroom and building management activities shall not be counted as
 40        instructional  time  or  in the reductions provided in paragraph (c)(i) of
 41        this section.
 42        (e)  For multiple shift programs, this rule applies to each  shift  (i.e.,
 43        each  student  must  have  access  to the minimum annual required hours of
  1        instructions).
  2        (f)  The instructional time requirement  for  grade  12  students  may  be
  3        reduced    by  action of a local school board for an amount of time not to
  4        exceed eleven (11) hours of instructional time.
  5        (g)  The state superintendent of public instruction may grant an exemption
  6        from the provisions of this section for an individual  building  within  a
  7        district, when the closure of that building, for unforeseen circumstances,
  8        does not affect the attendance of other buildings within the district.
  9        2.  To  adopt and carry on, and provide for the financing of, a total edu-
 10    cational program for the district. Such  programs  in  other  than  elementary
 11    school  districts  may  include education programs for out-of-school youth and
 12    adults; and such districts may provide classes in kindergarten;
 13        3.  To provide, or require pupils to be provided with, suitable  textbooks
 14    and  supplies,  and  for  advice on textbook selections may appoint a textbook
 15    adoption committee as provided in section 33-512A, Idaho Code;
 16        4.  To protect the morals and health of the pupils;
 17        5.  To exclude from school, children not of school age;
 18        6.  To prescribe rules for the disciplining  of  unruly  or  insubordinate
 19    pupils, such rules to be included in a district discipline code adopted by the
 20    board  of  trustees and a summarized version thereof to be provided in writing
 21    at the beginning of each school year to the teachers and students in the  dis-
 22    trict  in  a manner consistent with the student's age, grade and level of aca-
 23    demic achievement;
 24        7.  To exclude from school, pupils with contagious or infectious  diseases
 25    who are diagnosed or suspected as having a contagious or infectious disease or
 26    those  who  are not immune and have been exposed to a contagious or infectious
 27    disease; and to close school on order of the state board of  health  or  local
 28    health authorities;
 29        8.  To equip and maintain a suitable library or libraries in the school or
 30    schools  and  to  exclude  therefrom, and from the schools, all books, tracts,
 31    papers, and catechisms of sectarian nature;
 32        9.  To determine school holidays. Any listing  of  school  holidays  shall
 33    include  not  less  than the following: New Year's Day, Memorial Day, Indepen-
 34    dence Day, Thanksgiving Day, and Christmas Day. Other days listed  in  section
 35    73-108,  Idaho Code, if the same shall fall on a school day, shall be observed
 36    with appropriate ceremonies; and any days the state  board  of  education  may
 37    designate,  following  the proclamation by the governor, shall be school holi-
 38    days;
 39        10. To erect and maintain on each schoolhouse or school grounds a suitable
 40    flagstaff or flagpole, and display thereon the flag of the  United  States  of
 41    America  on  all  days, except during inclement weather, when the school is in
 42    session; and for each Veterans Day, each school in session shall  conduct  and
 43    observe  an  appropriate  program of at least one (1) class period remembering
 44    and honoring American veterans;
 45        11. To prohibit entrance to each schoolhouse or school  grounds,  to  pro-
 46    hibit  loitering  in  schoolhouses or on school grounds and to provide for the
 47    removal from each schoolhouse or school grounds of any individual or individu-
 48    als who disrupt the educational processes or whose presence is detrimental  to
 49    the  morals,  health, safety, academic learning or discipline of the pupils. A
 50    person who disrupts the educational process or whose presence  is  detrimental
 51    to  the  morals, health, safety, academic learning or discipline of the pupils
 52    or who loiters in schoolhouses or on school grounds, is  guilty  of  a  misde-
 53    meanor.
 54        12. To  supervise  and  regulate,  including  by contract with established
 55    entities,  those extracurricular activities which are by definition outside of
  1    or in addition to the regular academic  courses  or  curriculum  of  a  public
  2    school,  and  which extracurricular activities shall not be considered to be a
  3    property, liberty or contract right of any student, and  such  extracurricular
  4    activities  shall  not be deemed a necessary element of a public school educa-
  5    tion, but shall be considered to be a privilege.
  6        13. To govern the school district in compliance with state law  and  rules
  7    of the state board of education.
  8        14. To  submit  to the superintendent of public instruction not later than
  9    July 1 of each year documentation which meets the  reporting  requirements  of
 10    the  federal  gun-free  schools  act  of  1994 as contained within the federal
 11    improving America's schools act of 1994.
 12        15. To require that all persons hired for the first time by  the  district
 13    or who have been in the employ of the district five (5) years or less, undergo
 14    a  criminal  history check as provided in section 33-130, Idaho Code. All such
 15    employees who are required to undergo a criminal history  check  shall  obtain
 16    the  history  check  within  three  (3)  months of starting employment, or for
 17    employees with five (5) years or less with  the  district,  within  three  (3)
 18    months from the date such employee is notified that he must undergo a criminal
 19    history  check.  Such  employees  shall  pay  the cost of the criminal history
 20    check. If the criminal history check shows that the  employee  has  been  con-
 21    victed  of  a felony crime enumerated in section 33-1208, Idaho Code, it shall
 22    be grounds for immediate termination, dismissal or other personnel  action  of
 23    the  district,  except  that  it  shall be the right of the school district to
 24    evaluate whether an individual convicted of one (1) of these crimes and having
 25    been incarcerated for that crime shall be hired. The district may require  any
 26    or  all persons who have been employed continuously with the same district for
 27    more than five (5) years, to undergo a criminal history check as  provided  in
 28    section 33-130, Idaho Code. If the district elects to require criminal history
 29    checks  of  such  employees,  the district shall pay the costs of the criminal
 30    history check or reimburse employees for such cost. A substitute  teacher  who
 31    has  undergone  a criminal history check at the request of one (1) district in
 32    which he has been employed as a substitute shall not be required to undergo an
 33    additional criminal history check at the request  of  any  other  district  in
 34    which  he  is  employed as a substitute if the teacher has obtained a criminal
 35    history check within the previous three  (3)  years.   If  the  district  next
 36    employing  the  substitute  still  elects  to require another criminal history
 37    check within the three (3) year period, that district shall pay  the  cost  of
 38    the criminal history check or reimburse the substitute teacher for such cost.
 39        16. Each  board  of trustees of a school district shall be responsible for
 40    developing a system for registering volunteers or contractors consistent  with
 41    maintaining a safe environment for their students.
 42        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 43    declared to exist, this act shall be in full force and effect on and after its
 44    passage and approval.

Statement of Purpose / Fiscal Impact

	                       STATEMENT OF PURPOSE
                                    RS 11714

The purpose of this bill is to amend section 33-512, Idaho Code, to authorize 
a reduction in the number of hours of instructional time required when 
distribution from the Public School Income Fund is deficient.

In the advent that “budget holdbacks” from the Public School Income Fund are 
made permAnent and contractual obligations are such that school districts run 
out of money, this legislation authorizes the local Board of Trustees to close 
the schools when the money runs out.

                                 FISCAL IMPACT

There is no fiscal impact to the General Fund or any local unit of government.

Contact:  Senator Gary J. Schroeder Idaho Senate

                                                      	S 1306