2005 Legislation
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SENATE BILL NO. 1066 – Habitual truant, definition revised

SENATE BILL NO. 1066

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Bill Status



S1066..........................................................by EDUCATION
HABITUAL TRUANT - Amends existing law relating to education to revise the
definition for "habitual truant"; and to revise the provisions applicable
to proceedings against parents and guardians whose children are habitual
truants.
                                                                        
01/27    Senate intro - 1st rdg - to printing
01/28    Rpt prt - to Educ
02/17    Rpt out - rec d/p - to 2nd rdg
02/18    2nd rdg - to 3rd rdg
02/22    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Noble, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Werk, Williams
      NAYS -- None
      Absent and excused -- Sweet
    Floor Sponsor - Stegner
    Title apvd - to House
02/23    House intro - 1st rdg - to Educ
03/04    Rpt out - rec d/p - to 2nd rdg
03/07    2nd rdg - to 3rd rdg
03/09    3rd rdg - PASSED - 59-9-2
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bell, Bilbao,
      Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
      Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Garrett, Henbest, Henderson, Jaquet, Jones, Kemp, Lake,
      LeFavour, Mathews, McGeachin, Miller, Mitchell, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sayler, Schaefer, Shepherd(2), Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
      NAYS -- Barrett, Crow, Hart, Harwood, Loertscher, McKague, Sali,
      Shepherd(8), Wood
      Absent and excused -- Bedke, Martinez
    Floor Sponsors - Shirley & Kemp
    Title apvd - to Senate
03/10    To enrol
03/11    Rpt enrol - Pres signed
03/14    Sp signed
03/15    To Governor
03/16    Governor signed
         Session Law Chapter 60
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1066
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO EDUCATION; AMENDING SECTION 33-206, IDAHO CODE, TO REVISE THE DEF-
  3        INITION FOR "HABITUAL TRUANT" AND TO REMOVE LANGUAGE SETTING  FORTH  PETI-
  4        TION  REQUIREMENTS  BASED UPON TRUANCY; AND AMENDING SECTION 33-207, IDAHO
  5        CODE, TO REVISE PROVISIONS APPLICABLE TO PROCEEDINGS AGAINST  PARENTS  AND
  6        GUARDIANS WHOSE CHILDREN ARE HABITUAL TRUANTS.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Section  33-206, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        33-206.  HABITUAL TRUANT DEFINED. (1) An habitual truant is:
 11        (a)  Aany public school pupil  who,  in  the  judgment  of  the  board  of
 12        trustees,  repeatedly  has violated the attendance regulations established
 13        by the board; or
 14        (b)  Aany child whose parents or guardians, or any of them, have failed or
 15        refused to cause such child  to  be  instructed  as  provided  in  section
 16        33-202, Idaho Code., and the
 17        (2)  A child who is an habitual truant shall come under the purview of the
 18    juvenile  corrections  act if he or she is within the age of compulsory atten-
 19    dance.
 20        Whenever it is determined by the board of trustees of any school  district
 21    that  any  child  enrolled in public school repeatedly has violated the atten-
 22    dance regulations established by the board, or whenever it  is  determined  by
 23    the  board  under  provisions providing due process of law for the student and
 24    his or her parents that the parents or guardians of any child are  failing  to
 25    meet the requirements of section 33-202, Idaho Code, an authorized representa-
 26    tive  of  the  board  shall  notify in writing the prosecuting attorney in the
 27    county of the pupil's residence and recommend that a petition shall  be  filed
 28    in the magistrates division of the district court of the county of the pupil's
 29    residence,  in such form as the court may require under the provisions of sec-
 30    tion 20-510, Idaho Code.
                                                                        
 31        SECTION 2.  That Section 33-207, Idaho Code, be, and the  same  is  hereby
 32    amended to read as follows:
                                                                        
 33        33-207.  PROCEEDINGS AGAINST PARENTS OR GUARDIANS. Whenever the parents or
 34    guardians  of  any  child between the ages of seven (7) years, as qualified in
 35    section 33-202, Idaho Code, and sixteen (16) years, have failed, neglected  or
 36    refused  to  place  the child in school as provided in this chapter or to have
 37    the child comparably instructed, or knowingly have allowed a pupil  to  become
 38    an habitual truant, proceedings shall be brought against such parent or guard-
 39    ian  under the provisions of the juvenile corrections act or as otherwise pro-
 40    vided in subsection (2) of this section.
 41        (2)  Whenever it is determined by the board of trustees of any school dis-
                                                                        
                                           2
                                                                        
  1    trict that a child enrolled in public school is an habitual truant, as defined
  2    in section 33-206, Idaho Code, an authorized representative of the board shall
  3    notify in writing the prosecuting attorney in the county of the child's  resi-
  4    dence. Proceedings may be brought directly against any parent or guardian of a
  5    public  school  pupil  who  is  found  to have knowingly allowed such pupil to
  6    become an habitual truant, and such parent or guardian shall be  guilty  of  a
  7    misdemeanor.
  8        (3)  Whenever it is determined by the board under provisions providing due
  9    process  of  law  for  the  student and his or her parents that the parents or
 10    guardians of any child not enrolled in a public school are failing to meet the
 11    requirements of section 33-202, Idaho Code, an  authorized  representative  of
 12    the  board  shall  notify in writing the prosecuting attorney in the county of
 13    the pupil's residence and recommend that a petition shall be filed in the mag-
 14    istrates division of the district court of the county  of  the  pupil's  resi-
 15    dence,  in  such form as the court may require under the provisions of section
 16    20-510, Idaho Code.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE

                            RS 14682

This legislation would allow for the direct prosecution of a parent
or guardian of a child enrolled in a public school for knowingly
allowing a child to become an habitual truant as defined by
statute.*


                         FISCAL IMPACT

*None


Contact
       Name:   Senator Joe Stegner
       Phone:  208 332-1308


STATEMENT OF PURPOSE/FISCAL NOTE                    S 1066