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H0288.............................................................by EDUCATION SCHOOLS - Amends existing law to further clarify duties of the boards of trustees of school districts to exclude certain materials from the schools. 02/20 House intro - 1st rdg - to printing 02/21 Rpt prt - to Educ
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 288 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO GOVERNANCE OF SCHOOLS; AMENDING SECTION 33-512, IDAHO CODE, TO 3 FURTHER CLARIFY DUTIES OF THE BOARD OF TRUSTEES TO EXCLUDE CERTAIN MATE- 4 RIALS FROM THE SCHOOLS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 33-512, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 33-512. GOVERNANCE OF SCHOOLS. The board of trustees of each school dis- 9 trict shall have the following powers and duties: 10 1. To fix the days of the year and the hours of the day when schools 11 shall be in session. However: 12 (a) Each school district shall annually adopt and implement a school cal- 13 endar which provides its students at each grade level with the following 14 minimum number of instructional hours: 15 Grades Hours 16 9-12 990 17 4-8 900 18 1-3 810 19 K 450 20 (b) School assemblies, testing and other instructionally related activi- 21 ties involving students directly may be included in the required instruc- 22 tional hours. 23 (c) When approved by a local school board, annual instructional hour 24 requirements stated in paragraph (a) may be reduced as follows: 25 (i) Up to a total of twenty-two (22) hours to accommodate staff 26 development activities conducted on such days as the local school 27 board deems appropriate. 28 (ii) Up to a total of eleven (11) hours of emergency school closures 29 due to adverse weather conditions and facility failures. 30 However, transportation to and from school, passing times between classes, 31 recess and lunch periods shall not be included. 32 (d) Student and staff activities related to the opening and closing of 33 the school year, grade reporting, program planning, staff meetings, and 34 other classroom and building management activities shall not be counted as 35 instructional time or in the reductions provided in paragraph (c)(i) of 36 this section. 37 (e) For multiple shift programs, this rule applies to each shift (i.e., 38 each student must have access to the minimum annual required hours of 39 instructions). 40 (f) The instructional time requirement for grade 12 students may be 41 reduced by action of a local school board for an amount of time not to 42 exceed eleven (11) hours of instructional time. 43 (g) The state superintendent of public instruction may grant an exemption 2 1 from the provisions of this section for an individual building within a 2 district, when the closure of that building, for unforeseen circumstances, 3 does not affect the attendance of other buildings within the district. 4 2. To adopt and carry on, and provide for the financing of, a total edu- 5 cational program for the district. Such programs in other than elementary 6 school districts may include education programs for out-of-school youth and 7 adults; and such districts may provide classes in kindergarten; 8 3. To provide, or require pupils to be provided with, suitable textbooks 9 and supplies, and for advice on textbook selections may appoint a textbook 10 adoption committee as provided in section 33-512A, Idaho Code; 11 4. To protect the morals and health of the pupils; 12 5. To exclude from school, children not of school age; 13 6. To prescribe rules for the disciplining of unruly or insubordinate 14 pupils, such rules to be included in a district discipline code adopted by the 15 board of trustees and a summarized version thereof to be provided in writing 16 at the beginning of each school year to the teachers and students in the dis- 17 trict in a manner consistent with the student's age, grade and level of aca- 18 demic achievement; 19 7. To exclude from school, pupils with contagious or infectious diseases 20 who are diagnosed or suspected as having a contagious or infectious disease or 21 those who are not immune and have been exposed to a contagious or infectious 22 disease; and to close school on order of the state board of health or local 23 health authorities; 24 8. To equip and maintain a suitable library or libraries in the school or 25 schools and to exclude therefrom, and from the schools, all books, tracts, 26 papers, and catechisms of sectarian nature, and any materials that do not sup- 27 port the definition of a thorough system of public schools as established in 28 section 33-1612, Idaho Code; 29 9. To determine school holidays. Any listing of school holidays shall 30 include not less than the following: New Year's Day, Memorial Day, Indepen- 31 dence Day, Thanksgiving Day, and Christmas Day. Other days listed in section 32 73-108, Idaho Code, if the same shall fall on a school day, shall be observed 33 with appropriate ceremonies; and any days the state board of education may 34 designate, following the proclamation by the governor, shall be school holi- 35 days; 36 10. To erect and maintain on each schoolhouse or school grounds a suitable 37 flagstaff or flagpole, and display thereon the flag of the United States of 38 America on all days, except during inclement weather, when the school is in 39 session; and for each Veterans Day, each school in session shall conduct and 40 observe an appropriate program of at least one (1) class period remembering 41 and honoring American veterans; 42 11. To prohibit entrance to each schoolhouse or school grounds, to pro- 43 hibit loitering in schoolhouses or on school grounds and to provide for the 44 removal from each schoolhouse or school grounds of any individual or individu- 45 als who disrupt the educational processes or whose presence is detrimental to 46 the morals, health, safety, academic learning or discipline of the pupils. A 47 person who disrupts the educational process or whose presence is detrimental 48 to the morals, health, safety, academic learning or discipline of the pupils 49 or who loiters in schoolhouses or on school grounds, is guilty of a misde- 50 meanor. 51 12. To supervise and regulate, including by contract with established 52 entities, those extracurricular activities which are by definition outside of 53 or in addition to the regular academic courses or curriculum of a public 54 school, and which extracurricular activities shall not be considered to be a 55 property, liberty or contract right of any student, and such extracurricular 3 1 activities shall not be deemed a necessary element of a public school educa- 2 tion, but shall be considered to be a privilege. 3 13. To govern the school district in compliance with state law and rules 4 of the state board of education. 5 14. To submit to the superintendent of public instruction not later than 6 July 1 of each year documentation which meets the reporting requirements of 7 the federal gun-free schools act of 1994 as contained within the federal 8 improving America's schools act of 1994. 9 15. To require that all persons hired for the first time by the district 10 or who have been in the employ of the district five (5) years or less, undergo 11 a criminal history check as provided in section 33-130, Idaho Code. All such 12 employees who are required to undergo a criminal history check shall obtain 13 the history check within three (3) months of starting employment, or for 14 employees with five (5) years or less with the district, within three (3) 15 months from the date such employee is notified that he must undergo a criminal 16 history check. Such employees shall pay the cost of the criminal history 17 check. If the criminal history check shows that the employee has been con- 18 victed of a felony crime enumerated in section 33-1208, Idaho Code, it shall 19 be grounds for immediate termination, dismissal or other personnel action of 20 the district, except that it shall be the right of the school district to 21 evaluate whether an individual convicted of one (1) of these crimes and having 22 been incarcerated for that crime shall be hired. The district may require any 23 or all persons who have been employed continuously with the same district for 24 more than five (5) years, to undergo a criminal history check as provided in 25 section 33-130, Idaho Code. If the district elects to require criminal history 26 checks of such employees, the district shall pay the costs of the criminal 27 history check or reimburse employees for such cost. A substitute teacher who 28 has undergone a criminal history check at the request of one (1) district in 29 which he has been employed as a substitute shall not be required to undergo an 30 additional criminal history check at the request of any other district in 31 which he is employed as a substitute if the teacher has obtained a criminal 32 history check within the previous three (3) years. If the district next 33 employing the substitute still elects to require another criminal history 34 check within the three (3) year period, that district shall pay the cost of 35 the criminal history check or reimburse the substitute teacher for such cost. 36 16. Each board of trustees of a school district shall be responsible for 37 developing a system for registering volunteers or contractors consistent with 38 maintaining a safe environment for their students.
STATEMENT OF PURPOSE RS 13014 The purpose of this legislation is to further clarify duties of the Board of Trustees to exclude certain materials from the schools. FISCAL IMPACT There is no fiscal impact to the General Fund. Contact Name: Rep. Peter Nielsen Phone: 322-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 28