2003 Legislation
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HOUSE BILL NO. 288 – Schools, certain materials excluded


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Daily Data Tracking History

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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 288
                                   BY EDUCATION COMMITTEE
  1                                        AN ACT
  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
  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
  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 / Fiscal Impact

                       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
                          FISCAL IMPACT
There is no fiscal impact to the General Fund.

Name: Rep. Peter Nielsen 
Phone: 322-1000