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H0750aa........................................................by EDUCATION
SCHOOLS - BULLYING - Amends and adds to existing law to provide that
superintendents and principals may temporarily suspend pupils for student
harassment, intimidation or bullying; to provide additional powers and
duties for boards of trustees; and to provide that any student who commits
or conspires to commit an act of harassment, intimidation or bullying may
be guilty of an infraction.
02/28 House intro - 1st rdg - to printing
03/01 Rpt prt - to Educ
03/06 Rpt out - to Gen Ord
03/08 Rpt out amen - to engros
03/09 Rpt engros - 1st rdg - to 2nd rdg as amen
03/10 2nd rdg - to 3rd rdg as amen
03/13 3rd rdg as amen - PASSED - 64-0-6
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bedke,
Bilbao, Black, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon,
Clark, Collins, Denney, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp,
Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague,
Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence,
Raybould, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer,
Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24),
Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Bayer, Bell, Block, Crow, Deal, Ring
Floor Sponsors - Trail & Nielsen
Title apvd - to Senate
03/14 Senate intro - 1st rdg - to Educ
03/24 Rpt out - rec d/p - to 2nd rdg
03/27 2nd rdg - to 3rd rdg
03/28 3rd rdg - PASSED - 31-3-1
AYES -- Andreason, Broadsword, Bunderson, Burkett(Clark), Burtenshaw,
Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes,
Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai, Marley, McGee, Pearce, Richardson, Schroeder, Stegner,
Stennett, Werk, Williams
NAYS -- Brandt, Fulcher, McKenzie
Absent and excused -- Sweet
Floor Sponsor - Jorgenson
Title apvd - to House
03/29 To enrol
03/30 Rpt enrol - Sp signed
03/31 Pres signed - To Governor
03/31 Governor signed
Session Law Chapter 313
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 750
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO STUDENT HARASSMENT, INTIMIDATION AND BULLYING; AMENDING SECTION
3 33-205, IDAHO CODE, TO PROVIDE THAT SUPERINTENDENTS AND PRINCIPALS MAY
4 TEMPORARILY SUSPEND PUPILS FOR STUDENT HARASSMENT, INTIMIDATION OR
5 BULLYING; AMENDING SECTION 33-512, IDAHO CODE, TO PROVIDE ADDITIONAL
6 POWERS AND DUTIES FOR BOARDS OF TRUSTEES; AND AMENDING CHAPTER 9, TITLE
7 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-917A, IDAHO CODE, TO
8 PROHIBIT STUDENT HARASSMENT, INTIMIDATION OR BULLYING OF ANOTHER STUDENT,
9 TO DEFINE TERMS AND TO PROVIDE THAT ANY STUDENT WHO COMMITS OR CONSPIRES
10 TO COMMIT AN ACT OF HARASSMENT, INTIMIDATION OR BULLYING SHALL BE GUILTY
11 OF A MISDEMEANOR.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 33-205, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 33-205. DENIAL OF SCHOOL ATTENDANCE. The board of trustees may deny
16 enrollment, or may deny attendance at any of its schools by expulsion, to any
17 pupil who is an habitual truant, or who is incorrigible, or whose conduct, in
18 the judgment of the board, is such as to be continuously disruptive of school
19 discipline, or of the instructional effectiveness of the school, or whose
20 presence in a public school is detrimental to the health and safety of other
21 pupils, or who has been expelled from another school district in this state or
22 any other state. Any pupil having been denied enrollment or expelled may be
23 enrolled or readmitted to the school by the board of trustees upon such rea-
24 sonable conditions as may be prescribed by the board; but such enrollment or
25 readmission shall not prevent the board from again expelling such pupil for
26 cause.
27 Provided however, the board shall expel from school for a period of not
28 less than one (1) year, twelve (12) calendar months, or may deny enrollment
29 to, a student who has been found to have carried a weapon or firearm on school
30 property in this state or any other state, except that the board may modify
31 the expulsion or denial of enrollment order on a case-by-case basis. Disci-
32 pline of students with disabilities shall be in accordance with the require-
33 ments of federal law part B of the individuals with disabilities education act
34 and section 504 of the rehabilitation act. An authorized representative of the
35 board shall report such student and incident to the appropriate law enforce-
36 ment agency.
37 No pupil shall be expelled nor denied enrollment without the board of
38 trustees having first given written notice to the parent or guardian of the
39 pupil, which notice shall state the grounds for the proposed expulsion or
40 denial of enrollment and the time and place where such parent or guardian may
41 appear to contest the action of the board to deny school attendance, and which
42 notice shall also state the rights of the pupil to be represented by counsel,
43 to produce witnesses and submit evidence on his own behalf, and to cross-exam-
2
1 ine any adult witnesses who may appear against him. Within a reasonable period
2 of time following such notification, the board of trustees shall grant the
3 pupil and his parents or guardian a full and fair hearing on the proposed
4 expulsion or denial of enrollment. However, the board shall allow a reasonable
5 period of time between such notification and the holding of such hearing to
6 allow the pupil and his parents or guardian to prepare their response to the
7 charge. Any pupil who is within the age of compulsory attendance, who is
8 expelled or denied enrollment as herein provided, shall come under the pur-
9 view of the juvenile corrections act, and an authorized representative of the
10 board shall, within five (5) days, give written notice of the pupil's expul-
11 sion to the prosecuting attorney of the county of the pupil's residence.
12 The superintendent of any district or the principal of any school may tem-
13 porarily suspend any pupil for disciplinary reasons, including student harass-
14 ment, intimidation or bullying, or for other conduct disruptive of good order
15 or of the instructional effectiveness of the school. A temporary suspension by
16 the principal shall not exceed five (5) school days in length; and the school
17 superintendent may extend the temporary suspension an additional ten (10)
18 school days. Provided, that on a finding by the board of trustees that immedi-
19 ate return to school attendance by the temporarily suspended student would be
20 detrimental to other pupils' health, welfare or safety, the board of trustees
21 may extend the temporary suspension for an additional five (5) school days.
22 Prior to suspending any student, the superintendent or principal shall grant
23 an informal hearing on the reasons for the suspension and the opportunity to
24 challenge those reasons. Any pupil who has been suspended may be readmitted to
25 the school by the superintendent or principal who suspended him upon such rea-
26 sonable conditions as said superintendent or principal may prescribe. The
27 board of trustees shall be notified of any temporary suspensions, the reasons
28 therefor, and the response, if any, thereto.
29 The board of trustees of each school district shall establish the proce-
30 dure to be followed by the superintendent and principals under its jurisdic-
31 tion for the purpose of effecting a temporary suspension, which procedure must
32 conform to the minimal requirements of due process.
33 SECTION 2. That Section 33-512, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 33-512. GOVERNANCE OF SCHOOLS. The board of trustees of each school dis-
36 trict shall have the following powers and duties:
37 1. To fix the days of the year and the hours of the day when schools
38 shall be in session. However:
39 (a) Each school district shall annually adopt and implement a school cal-
40 endar which provides its students at each grade level with the following
41 minimum number of instructional hours:
42 Grades Hours
43 9-12 990
44 4-8 900
45 1-3 810
46 K 450
47 (b) School assemblies, testing and other instructionally related activi-
48 ties involving students directly may be included in the required instruc-
49 tional hours.
50 (c) When approved by a local school board, annual instructional hour
51 requirements stated in paragraph (a) may be reduced as follows:
52 (i) Up to a total of twenty-two (22) hours to accommodate staff
3
1 development activities conducted on such days as the local school
2 board deems appropriate.
3 (ii) Up to a total of eleven (11) hours of emergency school closures
4 due to adverse weather conditions and facility failures.
5 However, transportation to and from school, passing times between classes,
6 recess and lunch periods shall not be included.
7 (d) Student and staff activities related to the opening and closing of
8 the school year, grade reporting, program planning, staff meetings, and
9 other classroom and building management activities shall not be counted as
10 instructional time or in the reductions provided in paragraph (c)(i) of
11 this section.
12 (e) For multiple shift programs, this rule applies to each shift (i.e.,
13 each student must have access to the minimum annual required hours of
14 instructions).
15 (f) The instructional time requirement for grade 12 students may be
16 reduced by action of a local school board for an amount of time not to
17 exceed eleven (11) hours of instructional time.
18 (g) The state superintendent of public instruction may grant an exemption
19 from the provisions of this section for an individual building within a
20 district, when the closure of that building, for unforeseen circumstances,
21 does not affect the attendance of other buildings within the district.
22 2. To adopt and carry on, and provide for the financing of, a total edu-
23 cational program for the district. Such programs in other than elementary
24 school districts may include education programs for out-of-school youth and
25 adults; and such districts may provide classes in kindergarten;
26 3. To provide, or require pupils to be provided with, suitable textbooks
27 and supplies, and for advice on textbook selections may appoint a textbook
28 adoption committee as provided in section 33-512A, Idaho Code;
29 4. To protect the morals and health of the pupils;
30 5. To exclude from school, children not of school age;
31 6. To prescribe rules for the disciplining of unruly or insubordinate
32 pupils, including rules on student harassment, intimidation and bullying, such
33 rules to be included in a district discipline code adopted by the board of
34 trustees and a summarized version thereof to be provided in writing at the
35 beginning of each school year to the teachers and students in the district in
36 a manner consistent with the student's age, grade and level of academic
37 achievement;
38 7. To exclude from school, pupils with contagious or infectious diseases
39 who are diagnosed or suspected as having a contagious or infectious disease or
40 those who are not immune and have been exposed to a contagious or infectious
41 disease; and to close school on order of the state board of health or local
42 health authorities;
43 8. To equip and maintain a suitable library or libraries in the school or
44 schools and to exclude therefrom, and from the schools, all books, tracts,
45 papers, and catechisms of sectarian nature;
46 9. To determine school holidays. Any listing of school holidays shall
47 include not less than the following: New Year's Day, Memorial Day, Indepen-
48 dence Day, Thanksgiving Day, and Christmas Day. Other days listed in section
49 73-108, Idaho Code, if the same shall fall on a school day, shall be observed
50 with appropriate ceremonies; and any days the state board of education may
51 designate, following the proclamation by the governor, shall be school holi-
52 days;
53 10. To erect and maintain on each schoolhouse or school grounds a suitable
54 flagstaff or flagpole, and display thereon the flag of the United States of
55 America on all days, except during inclement weather, when the school is in
4
1 session; and for each Veterans Day, each school in session shall conduct and
2 observe an appropriate program of at least one (1) class period remembering
3 and honoring American veterans;
4 11. To prohibit entrance to each schoolhouse or school grounds, to pro-
5 hibit loitering in schoolhouses or on school grounds and to provide for the
6 removal from each schoolhouse or school grounds of any individual or individu-
7 als who disrupt the educational processes or whose presence is detrimental to
8 the morals, health, safety, academic learning or discipline of the pupils. A
9 person who disrupts the educational process or whose presence is detrimental
10 to the morals, health, safety, academic learning or discipline of the pupils
11 or who loiters in schoolhouses or on school grounds, is guilty of a misde-
12 meanor.
13 12. To supervise and regulate, including by contract with established
14 entities, those extracurricular activities which are by definition outside of
15 or in addition to the regular academic courses or curriculum of a public
16 school, and which extracurricular activities shall not be considered to be a
17 property, liberty or contract right of any student, and such extracurricular
18 activities shall not be deemed a necessary element of a public school educa-
19 tion, but shall be considered to be a privilege.
20 13. To govern the school district in compliance with state law and rules
21 of the state board of education.
22 14. To submit to the superintendent of public instruction not later than
23 July 1 of each year documentation which meets the reporting requirements of
24 the federal gun-free schools act of 1994 as contained within the federal
25 improving America's schools act of 1994.
26 15. To require that all persons hired for the first time by the district
27 or who have been in the employ of the district five (5) years or less, undergo
28 a criminal history check as provided in section 33-130, Idaho Code. All such
29 employees who are required to undergo a criminal history check shall obtain
30 the history check within three (3) months of starting employment, or for
31 employees with five (5) years or less with the district, within three (3)
32 months from the date such employee is notified that he must undergo a criminal
33 history check. Such employees shall pay the cost of the criminal history
34 check. If the criminal history check shows that the employee has been con-
35 victed of a felony crime enumerated in section 33-1208, Idaho Code, it shall
36 be grounds for immediate termination, dismissal or other personnel action of
37 the district, except that it shall be the right of the school district to
38 evaluate whether an individual convicted of one (1) of these crimes and having
39 been incarcerated for that crime shall be hired. The district may require any
40 or all persons who have been employed continuously with the same district for
41 more than five (5) years, to undergo a criminal history check as provided in
42 section 33-130, Idaho Code. If the district elects to require criminal history
43 checks of such employees, the district shall pay the costs of the criminal
44 history check or reimburse employees for such cost. A substitute teacher who
45 has undergone a criminal history check at the request of one (1) district in
46 which he has been employed as a substitute shall not be required to undergo an
47 additional criminal history check at the request of any other district in
48 which he is employed as a substitute if the teacher has obtained a criminal
49 history check within the previous three (3) years. If the district next
50 employing the substitute still elects to require another criminal history
51 check within the three (3) year period, that district shall pay the cost of
52 the criminal history check or reimburse the substitute teacher for such cost.
53 16. Each board of trustees of a school district shall be responsible for
54 developing a system for registering volunteers or contractors consistent with
55 maintaining a safe environment for their students.
5
1 17. To ensure that each school district, including specially chartered
2 school districts, participates in the Idaho student information management
3 system (ISIMS) to the full extent of its availability. The terms "Idaho stu-
4 dent information management system," "appropriate access" and "real time"
5 shall have such meanings as the terms are defined in section 33-1001, Idaho
6 Code.
7 18. To provide support for teachers in their first two (2) years in the
8 profession in the areas of: administrative and supervisory support, mentoring,
9 peer assistance and professional development.
10 SECTION 3. That Chapter 9, Title 18, Idaho Code, be, and the same is
11 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
12 ignated as Section 18-917A, Idaho Code, and to read as follows:
13 18-917A. STUDENT HARASSMENT -- INTIMIDATION -- BULLYING. (1) No student
14 shall intentionally commit, or conspire to commit, an act of harassment,
15 intimidation or bullying against another student.
16 (2) As used in this section, "harassment, intimidation or bullying" means
17 any intentional gesture, or any intentional written, verbal or physical act or
18 threat by a student that:
19 (a) A reasonable person under the circumstances should know will have the
20 effect of:
21 (i) Harming a student; or
22 (ii) Damaging a student's property; or
23 (iii) Placing a student in reasonable fear of harm to his or her per-
24 son; or
25 (iv) Placing a student in reasonable fear of damage to his or her
26 property; or
27 (b) Is sufficiently severe, persistent or pervasive that it creates an
28 intimidating, threatening or abusive educational environment for a stu-
29 dent.
30 An act of harassment, intimidation or bullying may also be committed
31 through the use of a land line, car phone or wireless telephone or through the
32 use of data or computer software that is accessed through a computer, computer
33 system, or computer network.
34 (3) A student who personally violates any provision of this section shall
35 be guilty of a misdemeanor.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
Moved by Trail
Seconded by Nielsen
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 750
1 AMENDMENTS TO SECTION 3
2 On page 5 of the printed bill, in line 34, delete "shall" and insert:
3 "may"; and in line 35, delete "a misdemeanor" and insert: "an infraction".
4 CORRECTION TO TITLE
5 On page 1, in line 10, delete "SHALL" and insert: "MAY"; and in line 11,
6 delete "A MISDEMEANOR" and insert: "AN INFRACTION".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 750, As Amended
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO STUDENT HARASSMENT, INTIMIDATION AND BULLYING; AMENDING SECTION
3 33-205, IDAHO CODE, TO PROVIDE THAT SUPERINTENDENTS AND PRINCIPALS MAY
4 TEMPORARILY SUSPEND PUPILS FOR STUDENT HARASSMENT, INTIMIDATION OR
5 BULLYING; AMENDING SECTION 33-512, IDAHO CODE, TO PROVIDE ADDITIONAL
6 POWERS AND DUTIES FOR BOARDS OF TRUSTEES; AND AMENDING CHAPTER 9, TITLE
7 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-917A, IDAHO CODE, TO
8 PROHIBIT STUDENT HARASSMENT, INTIMIDATION OR BULLYING OF ANOTHER STUDENT,
9 TO DEFINE TERMS AND TO PROVIDE THAT ANY STUDENT WHO COMMITS OR CONSPIRES
10 TO COMMIT AN ACT OF HARASSMENT, INTIMIDATION OR BULLYING MAY BE GUILTY OF
11 AN INFRACTION.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 33-205, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 33-205. DENIAL OF SCHOOL ATTENDANCE. The board of trustees may deny
16 enrollment, or may deny attendance at any of its schools by expulsion, to any
17 pupil who is an habitual truant, or who is incorrigible, or whose conduct, in
18 the judgment of the board, is such as to be continuously disruptive of school
19 discipline, or of the instructional effectiveness of the school, or whose
20 presence in a public school is detrimental to the health and safety of other
21 pupils, or who has been expelled from another school district in this state or
22 any other state. Any pupil having been denied enrollment or expelled may be
23 enrolled or readmitted to the school by the board of trustees upon such rea-
24 sonable conditions as may be prescribed by the board; but such enrollment or
25 readmission shall not prevent the board from again expelling such pupil for
26 cause.
27 Provided however, the board shall expel from school for a period of not
28 less than one (1) year, twelve (12) calendar months, or may deny enrollment
29 to, a student who has been found to have carried a weapon or firearm on school
30 property in this state or any other state, except that the board may modify
31 the expulsion or denial of enrollment order on a case-by-case basis. Disci-
32 pline of students with disabilities shall be in accordance with the require-
33 ments of federal law part B of the individuals with disabilities education act
34 and section 504 of the rehabilitation act. An authorized representative of the
35 board shall report such student and incident to the appropriate law enforce-
36 ment agency.
37 No pupil shall be expelled nor denied enrollment without the board of
38 trustees having first given written notice to the parent or guardian of the
39 pupil, which notice shall state the grounds for the proposed expulsion or
40 denial of enrollment and the time and place where such parent or guardian may
41 appear to contest the action of the board to deny school attendance, and which
42 notice shall also state the rights of the pupil to be represented by counsel,
43 to produce witnesses and submit evidence on his own behalf, and to cross-exam-
2
1 ine any adult witnesses who may appear against him. Within a reasonable period
2 of time following such notification, the board of trustees shall grant the
3 pupil and his parents or guardian a full and fair hearing on the proposed
4 expulsion or denial of enrollment. However, the board shall allow a reasonable
5 period of time between such notification and the holding of such hearing to
6 allow the pupil and his parents or guardian to prepare their response to the
7 charge. Any pupil who is within the age of compulsory attendance, who is
8 expelled or denied enrollment as herein provided, shall come under the pur-
9 view of the juvenile corrections act, and an authorized representative of the
10 board shall, within five (5) days, give written notice of the pupil's expul-
11 sion to the prosecuting attorney of the county of the pupil's residence.
12 The superintendent of any district or the principal of any school may tem-
13 porarily suspend any pupil for disciplinary reasons, including student harass-
14 ment, intimidation or bullying, or for other conduct disruptive of good order
15 or of the instructional effectiveness of the school. A temporary suspension by
16 the principal shall not exceed five (5) school days in length; and the school
17 superintendent may extend the temporary suspension an additional ten (10)
18 school days. Provided, that on a finding by the board of trustees that immedi-
19 ate return to school attendance by the temporarily suspended student would be
20 detrimental to other pupils' health, welfare or safety, the board of trustees
21 may extend the temporary suspension for an additional five (5) school days.
22 Prior to suspending any student, the superintendent or principal shall grant
23 an informal hearing on the reasons for the suspension and the opportunity to
24 challenge those reasons. Any pupil who has been suspended may be readmitted to
25 the school by the superintendent or principal who suspended him upon such rea-
26 sonable conditions as said superintendent or principal may prescribe. The
27 board of trustees shall be notified of any temporary suspensions, the reasons
28 therefor, and the response, if any, thereto.
29 The board of trustees of each school district shall establish the proce-
30 dure to be followed by the superintendent and principals under its jurisdic-
31 tion for the purpose of effecting a temporary suspension, which procedure must
32 conform to the minimal requirements of due process.
33 SECTION 2. That Section 33-512, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 33-512. GOVERNANCE OF SCHOOLS. The board of trustees of each school dis-
36 trict shall have the following powers and duties:
37 1. To fix the days of the year and the hours of the day when schools
38 shall be in session. However:
39 (a) Each school district shall annually adopt and implement a school cal-
40 endar which provides its students at each grade level with the following
41 minimum number of instructional hours:
42 Grades Hours
43 9-12 990
44 4-8 900
45 1-3 810
46 K 450
47 (b) School assemblies, testing and other instructionally related activi-
48 ties involving students directly may be included in the required instruc-
49 tional hours.
50 (c) When approved by a local school board, annual instructional hour
51 requirements stated in paragraph (a) may be reduced as follows:
52 (i) Up to a total of twenty-two (22) hours to accommodate staff
3
1 development activities conducted on such days as the local school
2 board deems appropriate.
3 (ii) Up to a total of eleven (11) hours of emergency school closures
4 due to adverse weather conditions and facility failures.
5 However, transportation to and from school, passing times between classes,
6 recess and lunch periods shall not be included.
7 (d) Student and staff activities related to the opening and closing of
8 the school year, grade reporting, program planning, staff meetings, and
9 other classroom and building management activities shall not be counted as
10 instructional time or in the reductions provided in paragraph (c)(i) of
11 this section.
12 (e) For multiple shift programs, this rule applies to each shift (i.e.,
13 each student must have access to the minimum annual required hours of
14 instructions).
15 (f) The instructional time requirement for grade 12 students may be
16 reduced by action of a local school board for an amount of time not to
17 exceed eleven (11) hours of instructional time.
18 (g) The state superintendent of public instruction may grant an exemption
19 from the provisions of this section for an individual building within a
20 district, when the closure of that building, for unforeseen circumstances,
21 does not affect the attendance of other buildings within the district.
22 2. To adopt and carry on, and provide for the financing of, a total edu-
23 cational program for the district. Such programs in other than elementary
24 school districts may include education programs for out-of-school youth and
25 adults; and such districts may provide classes in kindergarten;
26 3. To provide, or require pupils to be provided with, suitable textbooks
27 and supplies, and for advice on textbook selections may appoint a textbook
28 adoption committee as provided in section 33-512A, Idaho Code;
29 4. To protect the morals and health of the pupils;
30 5. To exclude from school, children not of school age;
31 6. To prescribe rules for the disciplining of unruly or insubordinate
32 pupils, including rules on student harassment, intimidation and bullying, such
33 rules to be included in a district discipline code adopted by the board of
34 trustees and a summarized version thereof to be provided in writing at the
35 beginning of each school year to the teachers and students in the district in
36 a manner consistent with the student's age, grade and level of academic
37 achievement;
38 7. To exclude from school, pupils with contagious or infectious diseases
39 who are diagnosed or suspected as having a contagious or infectious disease or
40 those who are not immune and have been exposed to a contagious or infectious
41 disease; and to close school on order of the state board of health or local
42 health authorities;
43 8. To equip and maintain a suitable library or libraries in the school or
44 schools and to exclude therefrom, and from the schools, all books, tracts,
45 papers, and catechisms of sectarian nature;
46 9. To determine school holidays. Any listing of school holidays shall
47 include not less than the following: New Year's Day, Memorial Day, Indepen-
48 dence Day, Thanksgiving Day, and Christmas Day. Other days listed in section
49 73-108, Idaho Code, if the same shall fall on a school day, shall be observed
50 with appropriate ceremonies; and any days the state board of education may
51 designate, following the proclamation by the governor, shall be school holi-
52 days;
53 10. To erect and maintain on each schoolhouse or school grounds a suitable
54 flagstaff or flagpole, and display thereon the flag of the United States of
55 America on all days, except during inclement weather, when the school is in
4
1 session; and for each Veterans Day, each school in session shall conduct and
2 observe an appropriate program of at least one (1) class period remembering
3 and honoring American veterans;
4 11. To prohibit entrance to each schoolhouse or school grounds, to pro-
5 hibit loitering in schoolhouses or on school grounds and to provide for the
6 removal from each schoolhouse or school grounds of any individual or individu-
7 als who disrupt the educational processes or whose presence is detrimental to
8 the morals, health, safety, academic learning or discipline of the pupils. A
9 person who disrupts the educational process or whose presence is detrimental
10 to the morals, health, safety, academic learning or discipline of the pupils
11 or who loiters in schoolhouses or on school grounds, is guilty of a misde-
12 meanor.
13 12. To supervise and regulate, including by contract with established
14 entities, those extracurricular activities which are by definition outside of
15 or in addition to the regular academic courses or curriculum of a public
16 school, and which extracurricular activities shall not be considered to be a
17 property, liberty or contract right of any student, and such extracurricular
18 activities shall not be deemed a necessary element of a public school educa-
19 tion, but shall be considered to be a privilege.
20 13. To govern the school district in compliance with state law and rules
21 of the state board of education.
22 14. To submit to the superintendent of public instruction not later than
23 July 1 of each year documentation which meets the reporting requirements of
24 the federal gun-free schools act of 1994 as contained within the federal
25 improving America's schools act of 1994.
26 15. To require that all persons hired for the first time by the district
27 or who have been in the employ of the district five (5) years or less, undergo
28 a criminal history check as provided in section 33-130, Idaho Code. All such
29 employees who are required to undergo a criminal history check shall obtain
30 the history check within three (3) months of starting employment, or for
31 employees with five (5) years or less with the district, within three (3)
32 months from the date such employee is notified that he must undergo a criminal
33 history check. Such employees shall pay the cost of the criminal history
34 check. If the criminal history check shows that the employee has been con-
35 victed of a felony crime enumerated in section 33-1208, Idaho Code, it shall
36 be grounds for immediate termination, dismissal or other personnel action of
37 the district, except that it shall be the right of the school district to
38 evaluate whether an individual convicted of one (1) of these crimes and having
39 been incarcerated for that crime shall be hired. The district may require any
40 or all persons who have been employed continuously with the same district for
41 more than five (5) years, to undergo a criminal history check as provided in
42 section 33-130, Idaho Code. If the district elects to require criminal history
43 checks of such employees, the district shall pay the costs of the criminal
44 history check or reimburse employees for such cost. A substitute teacher who
45 has undergone a criminal history check at the request of one (1) district in
46 which he has been employed as a substitute shall not be required to undergo an
47 additional criminal history check at the request of any other district in
48 which he is employed as a substitute if the teacher has obtained a criminal
49 history check within the previous three (3) years. If the district next
50 employing the substitute still elects to require another criminal history
51 check within the three (3) year period, that district shall pay the cost of
52 the criminal history check or reimburse the substitute teacher for such cost.
53 16. Each board of trustees of a school district shall be responsible for
54 developing a system for registering volunteers or contractors consistent with
55 maintaining a safe environment for their students.
5
1 17. To ensure that each school district, including specially chartered
2 school districts, participates in the Idaho student information management
3 system (ISIMS) to the full extent of its availability. The terms "Idaho stu-
4 dent information management system," "appropriate access" and "real time"
5 shall have such meanings as the terms are defined in section 33-1001, Idaho
6 Code.
7 18. To provide support for teachers in their first two (2) years in the
8 profession in the areas of: administrative and supervisory support, mentoring,
9 peer assistance and professional development.
10 SECTION 3. That Chapter 9, Title 18, Idaho Code, be, and the same is
11 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
12 ignated as Section 18-917A, Idaho Code, and to read as follows:
13 18-917A. STUDENT HARASSMENT -- INTIMIDATION -- BULLYING. (1) No student
14 shall intentionally commit, or conspire to commit, an act of harassment,
15 intimidation or bullying against another student.
16 (2) As used in this section, "harassment, intimidation or bullying" means
17 any intentional gesture, or any intentional written, verbal or physical act or
18 threat by a student that:
19 (a) A reasonable person under the circumstances should know will have the
20 effect of:
21 (i) Harming a student; or
22 (ii) Damaging a student's property; or
23 (iii) Placing a student in reasonable fear of harm to his or her per-
24 son; or
25 (iv) Placing a student in reasonable fear of damage to his or her
26 property; or
27 (b) Is sufficiently severe, persistent or pervasive that it creates an
28 intimidating, threatening or abusive educational environment for a stu-
29 dent.
30 An act of harassment, intimidation or bullying may also be committed
31 through the use of a land line, car phone or wireless telephone or through the
32 use of data or computer software that is accessed through a computer, computer
33 system, or computer network.
34 (3) A student who personally violates any provision of this section may
35 be guilty of an infraction.
STATEMENT OF PURPOSE
RS 16106
This legislation relates to education; amending Title 33, Idaho
Code, by the addition of a new Chapter 56, Title 33, Idaho Code, to
provide legislative findings, to define acts of "harassment,
intimidation or bullying," to provide for a policy prohibiting
harassment, intimidation or bullying, to provide for immunity, to
provide for training and education and to provide for liability;
and amending section 18-917, Idaho Code, to provide that any
student who commits or conspires to commit, an act of harassment,
intimidation or bullying shall be guilty of a misdemeanor.
FISCAL NOTE
There will be no impact on the state General Fund.
Contact
Name: Representatives Tom Trail, Pete Nielsen
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 750