2005 Legislation
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HOUSE BILL NO. 202 – Students, disrupt education process


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Bill Status

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

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 202
  1                                        AN ACT
  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
  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-
  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 / Fiscal Impact

                       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

                           FISCAL NOTE  

None.  Any expenses of prosecution would be covered by current

Name:  Rep. Smylie 
Phone: 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                      H 202