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H0202................................by JUDICIARY, RULES AND ADMINISTRATION STUDENTS - Amends existing law relating to governance of schools to clarify that students may be excluded from the school when they are disrupting the educational process. 02/14 House intro - 1st rdg - to printing 02/15 Rpt prt - to Jud 02/24 Rpt out - rec d/p - to 2nd rdg 02/25 2nd rdg - to 3rd rdg 03/03 3rd rdg - PASSED - 64-3-3 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Roberts, Rusche, Rydalch, Sali, Sayler, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- Bolz, LeFavour, Ringo Absent and excused -- Eskridge, Loertscher, Schaefer Floor Sponsor - Smylie Title apvd - to Senate 03/04 Senate intro - 1st rdg - to Educ 03/16 Rpt out - rec d/p - to 2nd rdg 03/17 2nd rdg - to 3rd rdg 03/22 To 14th Ord
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 202 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO GOVERNANCE OF SCHOOLS; AMENDING SECTION 33-512, IDAHO CODE, TO 3 CLARIFY THAT STUDENTS MAY BE EXCLUDED FROM THE SCHOOL WHEN CERTAIN CONDI- 4 TIONS APPLY AND TO MAKE TECHNICAL CORRECTIONS. 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; 27 9. To determine school holidays. Any listing of school holidays shall 28 include not less than the following: New Year's Day, Memorial Day, Indepen- 29 dence Day, Thanksgiving Day, and Christmas Day. Other days listed in section 30 73-108, Idaho Code, if the same shall fall on a school day, shall be observed 31 with appropriate ceremonies; and any days the state board of education may 32 designate, following the proclamation by the governor, shall be school holi- 33 days; 34 10. To erect and maintain on each schoolhouse or school grounds a suitable 35 flagstaff or flagpole, and display thereon the flag of the United States of 36 America on all days, except during inclement weather, when the school is in 37 session; and for each Veterans Day, each school in session shall conduct and 38 observe an appropriate program of at least one (1) class period remembering 39 and honoring American veterans; 40 11. To prohibit entrance to each schoolhouse or school grounds, to pro- 41 hibit loitering in schoolhouses or on school grounds and to provide for the 42 removal from each schoolhouse or school grounds of any individual or individu- 43 als, including students enrolled at the school, who disrupt the educational 44 processes or whose presence is detrimental to the morals, health, safety, aca- 45 demic learning or discipline of the pupils. A person, including a student 46 enrolled at the school, who disrupts the educational process or whose presence 47 is detrimental to the morals, health, safety, academic learning or discipline 48 of the pupils or who loiters in schoolhouses or on school grounds, is guilty 49 of a misdemeanor .; 50 12. To supervise and regulate, including by contract with established 51 entities, those extracurricular activities which are by definition outside of 52 or in addition to the regular academic courses or curriculum of a public 53 school, and which extracurricular activities shall not be considered to be a 54 property, liberty or contract right of any student, and such extracurricular 55 activities shall not be deemed a necessary element of a public school educa- 3 1 tion, but shall be considered to be a privilege .; 2 13. To govern the school district in compliance with state law and rules 3 of the state board of education .; 4 14. To submit to the superintendent of public instruction not later than 5 July 1 of each year documentation which meets the reporting requirements of 6 the federal gun-free schools act of 1994 as contained within the federal 7 improving America's schools act of 1994 .; 8 15. To require that all persons hired for the first time by the district 9 or who have been in the employ of the district five (5) years or less, undergo 10 a criminal history check as provided in section 33-130, Idaho Code. All such 11 employees who are required to undergo a criminal history check shall obtain 12 the history check within three (3) months of starting employment, or for 13 employees with five (5) years or less with the district, within three (3) 14 months from the date such employee is notified that he must undergo a criminal 15 history check. Such employees shall pay the cost of the criminal history 16 check. If the criminal history check shows that the employee has been con- 17 victed of a felony crime enumerated in section 33-1208, Idaho Code, it shall 18 be grounds for immediate termination, dismissal or other personnel action of 19 the district, except that it shall be the right of the school district to 20 evaluate whether an individual convicted of one (1) of these crimes and having 21 been incarcerated for that crime shall be hired. The district may require any 22 or all persons who have been employed continuously with the same district for 23 more than five (5) years, to undergo a criminal history check as provided in 24 section 33-130, Idaho Code. If the district elects to require criminal history 25 checks of such employees, the district shall pay the costs of the criminal 26 history check or reimburse employees for such cost. A substitute teacher who 27 has undergone a criminal history check at the request of one (1) district in 28 which he has been employed as a substitute shall not be required to undergo an 29 additional criminal history check at the request of any other district in 30 which he is employed as a substitute if the teacher has obtained a criminal 31 history check within the previous three (3) years. If the district next 32 employing the substitute still elects to require another criminal history 33 check within the three (3) year period, that district shall pay the cost of 34 the criminal history check or reimburse the substitute teacher for such cost .; 35 16. Each board of trustees of a school district shall be responsible for 36 developing a system for registering volunteers or contractors consistent with 37 maintaining a safe environment for their students .; 38 17. To ensure that each school district, including specially chartered 39 school districts, participates in the Idaho student information management 40 system (ISIMS) to the full extent of its availability. The terms "Idaho stu- 41 dent information management system," "appropriate access" and "real time" 42 shall have such meanings as the terms are defined in section 33-1001, Idaho 43 Code.
STATEMENT OF PURPOSE RS 14686 The "disruption of the educational process" law has been used by school officials, school resource officers, and other educators as a tool to maintain appropriate discipline and safety in Idaho's schools. A court ruling in May, 2004, however, pointed out that Idaho Code did not specifically include students as persons who could disrupt the educational process. This bill corrects this situation and allows school officials to use this tool. FISCAL NOTE None. Any expenses of prosecution would be covered by current appropriations. Contact Name: Rep. Smylie Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 202