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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) A any 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) A any 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 the17 (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 district21 that any child enrolled in public school repeatedly has violated the atten-22 dance regulations established by the board, or whenever it is determined by23 the board under provisions providing due process of law for the student and24 his or her parents that the parents or guardians of any child are failing to25 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 the27 county of the pupil's residence and recommend that a petition shall be filed28 in the magistrates division of the district court of the county of the pupil's29 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