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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
]]]] 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
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