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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