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H0750..........................................................by EDUCATION
SCHOOL ATTENDANCE - Amends existing law to provide that the age of
compulsory school attendance is through sixteen years of age unless a child
has withdrawn from the school system after age fifteen, but before
attaining seventeen years of age, with the permission of the child's parent
or guardian.
02/23 House intro - 1st rdg - to printing
02/24 Rpt prt - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 750
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO COMPULSORY SCHOOL ATTENDANCE; AMENDING SECTION 33-202, IDAHO CODE,
3 TO PROVIDE THAT THE AGE OF COMPULSORY SCHOOL ATTENDANCE IS THROUGH SIXTEEN
4 YEARS OF AGE UNLESS A CHILD HAS WITHDRAWN FROM THE SCHOOL SYSTEM AFTER AGE
5 FIFTEEN BUT BEFORE ATTAINING SEVENTEEN YEARS OF AGE WITH THE PERMISSION OF
6 THE CHILD'S PARENT OR GUARDIAN; AND AMENDING SECTION 33-207, IDAHO CODE,
7 TO CLARIFY APPLICABILITY OF SECTION 33-202, IDAHO CODE, AND TO MAKE A
8 TECHNICAL CORRECTION.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 33-202, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 33-202. SCHOOL ATTENDANCE COMPULSORY. The parent or guardian of any child
13 resident in this state who has attained the age of seven (7) years at the time
14 of the commencement of school in his district, but not the age of sixteen sev-
15 enteen (167) years, shall cause the child to be instructed in subjects com-
16 monly and usually taught in the public schools of the state of Idaho. Provided
17 however, a child having attained the age of sixteen (16) years but not seven-
18 teen (17) years of age may withdraw from the school system with the written
19 permission of a parent or guardian of the child, such permission being nota-
20 rized and submitted by the parent or guardian to the proper authority of the
21 affected school. Unless the child is otherwise comparably instructed, the par-
22 ent or guardian shall cause the child to attend a public, private or parochial
23 school during a period in each year equal to that in which the public schools
24 are in session; there to conform to the attendance policies and regulations
25 established by the board of trustees, or other governing body, operating the
26 school attended.
27 SECTION 2. That Section 33-207, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 33-207. PROCEEDINGS AGAINST PARENTS OR GUARDIANS. Whenever it has been
30 determined by the probate court of any county that the parents or guardians of
31 any child between the ages of seven (7), as qualified in section 33-202, Idaho
32 Code, and seventeen (17) years, unless a parent or guardian of the child has
33 submitted permission as provided for a child of at least sixteen (16) but not
34 seventeen (17) years of age, are failing, neglecting or refusing to place the
35 child in school as provided in this chapter or to have the child comparably
36 instructed, or knowingly have allowed a pupil to become an habitual truant,
37 proceedings shall be brought against such parent or guardian under the provi-
38 sions of the youth rehabilitation law juvenile corrections act.
STATEMENT OF PURPOSE
RS 14148C1
This legislation raises the age a child can decide to drop out of
school to seventeen (17), unless the student has the written
permission of a parent, in which case the age of sixteen (16)
still applies.
Under current law, a child can decide to drop out of school as
soon as he has his sixteenth birthday, even if his parents
object. Studies show that school dropouts have a much greater
chance of ending up on welfare or in prison.
FISCAL IMPACT
If all Idaho students who now drop out of school before
graduation were to continue, this would require an increase of
1.44% in support units, for a cost of $7.2 million. However, many
will continue to drop out with parental permission.
Contact
Name: Representative Charles Eberle
Phone: (208) 332-1000
Name: Representative Jack Barraclough
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 750