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HOUSE BILL NO. 863
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SCHOOL CLUBS - PARENTS - NOTIFICATION - Amends existing law to direct the
boards of trustees of school districts to adopt policies and procedures for
notifying parents or legal guardians of students regarding school clubs and
organizations in which a student may participate, and for obtaining
permission from a parent or legal guardian before the student joins or
participates in a school club or organization; and to define "club or
organization" and "competitive interscholastic activity or event."
03/31 House intro - 1st rdg - to printing
04/03 Rpt prt - to 2nd rdg
Rls susp - PASSED - 35-32-3
AYES -- Anderson, Andrus, Barraclough, Bayer, Bedke, Bell, Black,
Block, Brackett, Chadderdon, Clark, Collins, Crow, Deal, Denney,
Ellsworth, Eskridge, Field(23), Hart, Harwood, Henderson, Loertscher,
Mathews, McGeachin, McKague, Moyle, Nonini, Roberts, Rydalch, Sali,
Schaefer, Shepherd(8), Smylie, Stevenson, Wood
NAYS -- Barrett, Bastian, Bilbao, Boe, Bolz, Cannon, Edmunson,
Field(18), Henbest, Jaquet, Kemp, Lake, LeFavour, Martinez, Miller,
Mitchell, Nielsen, Pasley-Stuart, Pence, Raybould, Ring, Ringo,
Rusche, Sayler, Shirley, Skippen, Smith(30), Smith(24), Snodgrass,
Trail, Wills, Mr. Speaker
Absent and excused -- Bradford, Garrett, Shepherd(2)
Floor Sponsor - Nonini
Title apvd - to Senate
04/03 Senate intro - 1st rdg - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 863
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO GOVERNANCE OF SCHOOLS; AMENDING SECTION 33-512, IDAHO CODE, TO
3 DIRECT THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS TO ADOPT POLICIES AND
4 PROCEDURES FOR NOTIFYING PARENTS OR LEGAL GUARDIANS OF STUDENTS REGARDING
5 SCHOOL CLUBS AND ORGANIZATIONS IN WHICH A STUDENT MAY PARTICIPATE, AND FOR
6 OBTAINING PERMISSION FROM A PARENT OR LEGAL GUARDIAN BEFORE THE STUDENT
7 JOINS OR PARTICIPATES IN A SCHOOL CLUB OR ORGANIZATION; AMENDING SECTION
8 33-515, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION
9 33-1001, IDAHO CODE, TO DEFINE "CLUB OR ORGANIZATION," TO DEFINE
10 "COMPETITIVE INTERSCHOLASTIC ACTIVITY OR EVENT" AND TO MAKE TECHNICAL COR-
11 RECTIONS; AND AMENDING SECTION 33-1004G, IDAHO CODE, TO PROVIDE A CORRECT
12 CODE REFERENCE.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 33-512, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 33-512. GOVERNANCE OF SCHOOLS. The board of trustees of each school dis-
17 trict shall have the following powers and duties:
18 1. To fix the days of the year and the hours of the day when schools
19 shall be in session. However:
20 (a) Each school district shall annually adopt and implement a school cal-
21 endar which provides its students at each grade level with the following
22 minimum number of instructional hours:
23 Grades Hours
24 9-12 990
25 4-8 900
26 1-3 810
27 K 450
28 (b) School assemblies, testing and other instructionally related activi-
29 ties involving students directly may be included in the required instruc-
30 tional hours.
31 (c) When approved by a local school board, annual instructional hour
32 requirements stated in paragraph (a) may be reduced as follows:
33 (i) Up to a total of twenty-two (22) hours to accommodate staff
34 development activities conducted on such days as the local school
35 board deems appropriate.
36 (ii) Up to a total of eleven (11) hours of emergency school closures
37 due to adverse weather conditions and facility failures.
38 However, transportation to and from school, passing times between classes,
39 recess and lunch periods shall not be included.
40 (d) Student and staff activities related to the opening and closing of
41 the school year, grade reporting, program planning, staff meetings, and
42 other classroom and building management activities shall not be counted
1 as instructional time or in the reductions provided in paragraph (c)(i) of
2 this section.
3 (e) For multiple shift programs, this rule applies to each shift (i.e.,
4 each student must have access to the minimum annual required hours of
6 (f) The instructional time requirement for grade 12 students may be
7 reduced by action of a local school board for an amount of time not to
8 exceed eleven (11) hours of instructional time.
9 (g) The state superintendent of public instruction may grant an exemption
10 from the provisions of this section for an individual building within a
11 district, when the closure of that building, for unforeseen circumstances,
12 does not affect the attendance of other buildings within the district.
13 2. To adopt and carry on, and provide for the financing of, a total edu-
14 cational program for the district. Such programs in other than elementary
15 school districts may include education programs for out-of-school youth and
16 adults; and such districts may provide classes in kindergarten;
17 3. To provide, or require pupils to be provided with, suitable textbooks
18 and supplies, and for advice on textbook selections may appoint a textbook
19 adoption committee as provided in section 33-512A, Idaho Code;
20 4. To protect the morals and health of the pupils;
21 5. To exclude from school, children not of school age;
22 6. To prescribe rules for the disciplining of unruly or insubordinate
23 pupils, such rules to be included in a district discipline code adopted by the
24 board of trustees and a summarized version thereof to be provided in writing
25 at the beginning of each school year to the teachers and students in the dis-
26 trict in a manner consistent with the student's age, grade and level of aca-
27 demic achievement;
28 7. To exclude from school, pupils with contagious or infectious diseases
29 who are diagnosed or suspected as having a contagious or infectious disease or
30 those who are not immune and have been exposed to a contagious or infectious
31 disease; and to close school on order of the state board of health or local
32 health authorities;
33 8. To equip and maintain a suitable library or libraries in the school or
34 schools and to exclude therefrom, and from the schools, all books, tracts,
35 papers, and catechisms of sectarian nature;
36 9. To determine school holidays. Any listing of school holidays shall
37 include not less than the following: New Year's Day, Memorial Day, Indepen-
38 dence Day, Thanksgiving Day, and Christmas Day. Other days listed in section
39 73-108, Idaho Code, if the same shall fall on a school day, shall be observed
40 with appropriate ceremonies; and any days the state board of education may
41 designate, following the proclamation by the governor, shall be school holi-
43 10. To erect and maintain on each schoolhouse or school grounds a suitable
44 flagstaff or flagpole, and display thereon the flag of the United States of
45 America on all days, except during inclement weather, when the school is in
46 session; and for each Veterans Day, each school in session shall conduct and
47 observe an appropriate program of at least one (1) class period remembering
48 and honoring American veterans;
49 11. To prohibit entrance to each schoolhouse or school grounds, to pro-
50 hibit loitering in schoolhouses or on school grounds and to provide for the
51 removal from each schoolhouse or school grounds of any individual or individu-
52 als who disrupt the educational processes or whose presence is detrimental to
53 the morals, health, safety, academic learning or discipline of the pupils. A
54 person who disrupts the educational process or whose presence is detrimental
55 to the morals, health, safety, academic learning or discipline of the pupils
1 or who loiters in schoolhouses or on school grounds, is guilty of a misde-
3 12. To supervise and regulate, including by contract with established
4 entities, those extracurricular activities which are by definition outside of
5 or in addition to the regular academic courses or curriculum of a public
6 school, and which extracurricular activities shall not be considered to be a
7 property, liberty or contract right of any student, and such extracurricular
8 activities shall not be deemed a necessary element of a public school educa-
9 tion, but shall be considered to be a privilege.
10 13. To govern the school district in compliance with state law and rules
11 of the state board of education.
12 14. To submit to the superintendent of public instruction not later than
13 July 1 of each year documentation which meets the reporting requirements of
14 the federal gun-free schools act of 1994 as contained within the federal
15 improving America's schools act of 1994.
16 15. To require that all persons hired for the first time by the district
17 or who have been in the employ of the district five (5) years or less, undergo
18 a criminal history check as provided in section 33-130, Idaho Code. All such
19 employees who are required to undergo a criminal history check shall obtain
20 the history check within three (3) months of starting employment, or for
21 employees with five (5) years or less with the district, within three (3)
22 months from the date such employee is notified that he must undergo a criminal
23 history check. Such employees shall pay the cost of the criminal history
24 check. If the criminal history check shows that the employee has been con-
25 victed of a felony crime enumerated in section 33-1208, Idaho Code, it shall
26 be grounds for immediate termination, dismissal or other personnel action of
27 the district, except that it shall be the right of the school district to
28 evaluate whether an individual convicted of one (1) of these crimes and having
29 been incarcerated for that crime shall be hired. The district may require any
30 or all persons who have been employed continuously with the same district for
31 more than five (5) years, to undergo a criminal history check as provided in
32 section 33-130, Idaho Code. If the district elects to require criminal history
33 checks of such employees, the district shall pay the costs of the criminal
34 history check or reimburse employees for such cost. A substitute teacher who
35 has undergone a criminal history check at the request of one (1) district in
36 which he has been employed as a substitute shall not be required to undergo an
37 additional criminal history check at the request of any other district in
38 which he is employed as a substitute if the teacher has obtained a criminal
39 history check within the previous three (3) years. If the district next
40 employing the substitute still elects to require another criminal history
41 check within the three (3) year period, that district shall pay the cost of
42 the criminal history check or reimburse the substitute teacher for such cost.
43 16. Each board of trustees of a school district shall be responsible for
44 developing a system for registering volunteers or contractors consistent with
45 maintaining a safe environment for their students.
46 17. To ensure that each school district, including specially chartered
47 school districts, participates in the Idaho student information management
48 system (ISIMS) to the full extent of its availability. The terms "Idaho stu-
49 dent information management system," "appropriate access" and "real time"
50 shall have such meanings as the terms are defined in section 33-1001, Idaho
52 18. To provide support for teachers in their first two (2) years in the
53 profession in the areas of: administrative and supervisory support, mentoring,
54 peer assistance and professional development.
55 19. To adopt policies and procedures for notifying parents or legal guard-
1 ians of students regarding school clubs and organizations in which a student
2 may participate, and for obtaining permission from a parent or legal guardian
3 before the student joins or participates in a school club or organization. In
4 adopting such policies and procedures, the board shall:
5 (a) Provide annual notification, utilizing the student handbook or other
6 appropriate method, of the name of all school clubs and organizations, the
7 mission or purpose of the club or organization, the name of the club's or
8 organization's faculty advisor, and a description of past and planned
9 activities. Similar notification shall also be provided for clubs and
10 organizations created or started during the school year; and
11 (b) Prepare a form by which parents or legal guardians may give or with-
12 hold permission for the student to participate in a school club or organi-
13 zation. Such form shall be filled out completely, signed by the parent or
14 legal guardian and returned to the faculty advisor of the appropriate
15 school club or organization.
16 Clubs and organizations, as defined in section 33-1001, Idaho Code, shall not
17 include competitive interscholastic activities or events, as defined in sec-
18 tion 33-1001, Idaho Code.
19 SECTION 2. That Section 33-515, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 33-515. ISSUANCE OF RENEWABLE CONTRACTS. During the third full year of
22 continuous employment by the same school district, including any specially
23 chartered district, each certificated employee named in subsection 17. (19) of
24 section 33-1001, Idaho Code, and each school nurse and school librarian shall
25 be evaluated for a renewable contract and shall, upon having been offered a
26 contract for the next ensuing year, having given notice of acceptance of
27 renewal and upon signing a contract for a fourth full year, be placed on a
28 renewable contract status with said school district subject to the provisions
29 included in this chapter.
30 After the third full year of employment and at least once annually, the
31 performance of each such certificated employee, school nurse, or school
32 librarian shall be evaluated according to criteria and procedures established
33 by the board of trustees in accordance with general guidelines approved by the
34 state board of education. Except as otherwise provided, that person shall have
35 the right to automatic renewal of contract by giving notice, in writing, of
36 acceptance of renewal. Such notice shall be given to the board of trustees of
37 the school district then employing such person not later than the first day of
38 June preceding the expiration of the term of the current contract. Except as
39 otherwise provided by this paragraph, the board of trustees shall notify each
40 person entitled to be employed on a renewable contract of the requirement that
41 such person must give the notice hereinabove and that failure to do so may be
42 interpreted by the board as a declination of the right to automatic renewal or
43 the offer of another contract. Such notification shall be made, in writing,
44 not later than the fifteenth day of May, in each year, except to those persons
45 to whom the board, prior to said date, has sent proposed contracts for the
46 next ensuing year, or to whom the board has given the notice required by this
48 Any contract automatically renewed under the provisions of this section
49 shall be for the same length as the term stated in the current contract and at
50 a salary no lower than that specified therein, to which shall be added such
51 increments as may be determined by the statutory or regulatory rights of such
52 employee by reason of training, service, or performance.
53 Nothing herein shall prevent the board of trustees from offering a renewed
1 contract increasing the salary of any certificated person, or from reassigning
2 an administrative employee to a nonadministrative position with appropriate
3 reduction of salary from the preexisting salary level. In the event the board
4 of trustees reassigns an administrative employee to a nonadministrative posi-
5 tion, the board shall give written notice to the employee which contains a
6 statement of the reasons for the reassignment. The employee, upon written
7 request to the board, shall be entitled to an informal review of that deci-
8 sion. The process and procedure for the informal review shall be determined by
9 the local board of trustees.
10 Before a board of trustees can determine not to renew for reasons of an
11 unsatisfactory report of the performance of any certificated person whose con-
12 tract would otherwise be automatically renewed, or to renew the contract of
13 any such person at a reduced salary, such person shall be entitled to a rea-
14 sonable period of probation. This period of probation shall be preceded by a
15 written notice from the board of trustees with reasons for such probationary
16 period and with provisions for adequate supervision and evaluation of the
17 person's performance during the probationary period. Such period of probation
18 shall not affect the person's renewable contract status. Consideration of pro-
19 bationary status for certificated personnel is consideration of the status of
20 an employee within the meaning of section 67-2345, Idaho Code, and may be held
21 in executive session. If the consideration results in probationary status, the
22 individual on probation shall not be named in the minutes of the meeting. A
23 record of the decision shall be placed in the teacher's personnel file.
24 If the board of trustees takes action to immediately discharge or dis-
25 charge upon termination of the current contract a certificated person whose
26 contract would otherwise be automatically renewed, or to renew the contract of
27 any such person at a reduced salary, the action of the board shall be consis-
28 tent with the procedures specified in section 33-513(5), Idaho Code, and fur-
29 thermore, the board shall notify the employee in writing whether there is just
30 and reasonable cause not to renew the contract or to reduce the salary of the
31 affected employee, and if so, what reasons it relied upon in that determina-
33 If the board of trustees, for reasons other than unsatisfactory service,
34 for the ensuing contract year, determines to change the length of the term
35 stated in the current contract, reduce the salary or not renew the contract of
36 a certificated person whose contract would otherwise be automatically renewed,
37 nothing herein shall require a probationary period.
38 SECTION 3. That Section 33-1001, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 33-1001. DEFINITIONS. The following words and phrases used in this chap-
41 ter are defined as follows:
42 (1 .) "Administrative schools" means and applies to all elementary schools
43 and kindergartens within a district that are situated ten (10) miles or less
44 from both the other elementary schools and the principal administrative office
45 of the district and all secondary schools within a district that are situated
46 fifteen (15) miles or less from other secondary schools of the district.
47 (2 .) "Average daily attendance" or "pupils in average daily attendance"
48 means the aggregate number of days enrolled students are present, divided by
49 the number of days of school in the reporting period; provided, however, that
50 students for whom no Idaho school district is a home district shall not be
51 considered in such computation.
52 (3 .) "Club or organization" means, for the purposes of section 33-512,
53 Idaho Code, an association of students who are organized and meet for common
1 goals, objectives or purposes and which is directly under the sponsorship,
2 direction and control of the school. The term shall include any activities
3 reasonably related to such club or organization, but shall not include compet-
4 itive interscholastic activities or events.
5 (4) "Competitive interscholastic activity or event" means, for the pur-
6 poses of section 33-512, Idaho Code, a function held under the auspices or
7 sponsorship of a school that involves its students in competition between
8 individuals or groups representing two (2) or more schools. The term shall
9 include cheerleading, band and chorus.
10 (5) "Elementary grades" or "elementary average daily attendance" means
11 and applies to students enrolled in grades one (1) through six (6) inclusive,
12 or any combination thereof.
13 4.(6) "Elementary schools" are schools that serve grades one (1) through
14 six (6) inclusive, or any combination thereof.
15 5.(7) "Elementary/secondary schools" are schools that serve grades one
16 (1) through twelve (12) inclusive, or any combination thereof.
17 6.(8) "Homebound student" means any student who would normally and regu-
18 larly attend school, but is confined to home or hospital because of an illness
19 or accident for a period of ten (10) or more consecutive days.
20 7.(9) "Idaho student information management system (ISIMS)" means a
21 secure, centralized data system where public school information is stored,
22 accessed and analyzed. The system is comprised of two (2) parts: the first
23 part includes a uniform package of software applications used by all public
24 schools in Idaho for student related administrative functions. The software
25 applications shall handle such functions as student scheduling, grade report-
26 ing, attendance, recordkeeping, student achievement and teacher resources; the
27 second part is a data warehouse where public school data are stored and con-
28 tains a number of report-generating software applications. Related definitions
29 within the context of ISIMS are:
30 (a) "Appropriate access" means secure, legally authorized access to
31 information on the system consistent with the user's role as determined by
32 rule of the state board of education; and
33 (b) "Real time" means immediate access to current information on the sys-
35 8.(10) "Kindergarten" or "kindergarten average daily attendance" means and
36 applies to all students enrolled in a school year, less than school year, or
37 summer kindergarten program.
38 9.(11) "Public school district" or "school district" or "district" means
39 any public school district organized under the laws of this state, including
40 specially chartered school districts.
41 10.(12) "Secondary grades" or "secondary average daily attendance" means
42 and applies to students enrolled in grades seven (7) through twelve (12)
43 inclusive, or any combination thereof.
44 11.(13) "Secondary schools" are schools that serve grades seven (7)
45 through twelve (12) inclusive, or any combination thereof.
46 12.(14) "Separate elementary school" means an elementary school which mea-
47 sured from itself, traveling on an all-weather road, is situated more than ten
48 (10) miles distance from both the nearest elementary school and
49 elementary/secondary school serving like grades within the same school dis-
50 trict and from the location of the office of the superintendent of schools of
51 such district, or from the office of the chief administrative officer of such
52 district if the district employs no superintendent of schools.
53 13.(15) "Separate kindergarten" means a kindergarten which measured from
54 itself, traveling on an all-weather road, is situated more than ten (10) miles
55 distance from both the nearest kindergarten school within the same school dis-
1 trict and from the location of the office of the superintendent of schools of
2 such district, or from the office of the chief administrative officer of such
3 district if the district employs no superintendent of schools.
4 14.(16) "Separate secondary school" means any secondary school which is
5 located more than fifteen (15) miles by an all-weather road from any other
6 secondary school and elementary/secondary school serving like grades operated
7 by the district.
8 15.(17) "Support program" means the educational support program as
9 described in section 33-1002, Idaho Code, the transportation support program
10 described in section 33-1006, Idaho Code, and the exceptional education sup-
11 port program as provided in section 33-1007, Idaho Code.
12 16.(18) "Support unit" means a function of average daily attendance used
13 in the calculations to determine financial support provided the public school
15 17.(19) "Teacher" means any person employed in a teaching, instructional,
16 supervisory, educational administrative or educational and scientific capacity
17 in any school district. In case of doubt the state board of education shall
18 determine whether any person employed requires certification as a teacher.
19 SECTION 4. That Section 33-1004G, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 33-1004G. EARLY RETIREMENT INCENTIVE -- ADMINISTRATIVE STAFF EXCLUDED.
22 (1) Except as provided in subsection (8) of this section, each certificated
23 employee of an Idaho public school district as defined in section 33-1001 17.
24 (19), Idaho Code, is eligible for an early retirement incentive, provided they
25 meet the following criteria:
26 (a) The employee has completed a minimum of ten (10) years of continuous
27 full-time certified employment, which may include time spent on a sabbati-
28 cal leave, in Idaho public school districts at the time of application.
29 (b) The employee is not eligible for unreduced service, early or disabil-
30 ity retirement from the public employee retirement system of Idaho at the
31 time of application.
32 (c) The employee is fifty-five (55) years old before September 1 of the
33 year the application is made; provided that persons turning fifty-six (56)
34 years old or greater between August 15 and 31, 2000, will be eligible to
35 receive the retirement incentive option percentage provided in this sec-
36 tion that reflects their age on August 15, 2000.
37 (d) The employee submits his/her application to the state superintendent
38 of public instruction on or before April 1 of the year of application.
39 (e) The employee is contracted with an Idaho public school district for
40 the entire school year during the year of application and has not been
41 terminated or on a leave of absence for the current or upcoming school
43 (2) (a) Full-time qualifying applicants shall receive as a one (1) time
44 incentive the following amount of the employee's qualifying salary allo-
45 cation as provided in section 33-1004E, Idaho Code:
46 at 55 years of age 55% of allocation
47 at 56 years of age 50% of allocation
48 at 57 years of age 45% of allocation
49 at 58 years of age 40% of allocation
50 at 59 years of age 30% of allocation
51 at 60 years of age 30% of allocation
52 at 61 years of age 20% of allocation
53 at 62 years of age 20% of allocation
1 at 63 years of age and over 0% of allocation
2 (b) Certified employees working less than full-time in the application
3 year will have the incentive payment prorated according to their full-time
4 equivalent (FTE) percentage.
5 (c) Incentive payments for certified employees not placed on the experi-
6 ence and education multiplier table as provided in section 33-1004A,
7 Idaho Code, will be calculated using the BA column of the table.
8 (3) Incentives and the employer's share of FICA benefits shall be paid by
9 the state department of education to the Idaho public school district with
10 which the applicant was last contracted on or before July 31 of the year of
11 application and acceptance.
12 (4) Incentives shall be considered additional compensation flowing from
13 the employment relationship and subject to federal and state tax laws. Incen-
14 tives shall not be considered salary for purposes of the public employee
15 retirement system.
16 (5) Any employee receiving an early retirement incentive as provided in
17 this section shall not be eligible for future employment with an Idaho school
18 district where such employment would again qualify him/her for participation
19 in the state retirement system.
20 (6) Any applicant choosing to withdraw their application must notify the
21 state superintendent of public instruction in writing no later than June 20 in
22 the year of application.
23 (7) A special application of the early retirement incentive shall super-
24 sede the limitations of this section to the extent necessary to comply with
25 this subsection. An otherwise qualified certificated employee who becomes med-
26 ically unable to work prior to July 1 of any year shall be eligible to apply
27 for the early retirement incentive for which the employee would have been eli-
28 gible retroactive to April 1.
29 (8) Administrative staff shall not be allowed to participate in the early
30 retirement incentive program as provided in this section and such staff are
31 hereby excluded from participation in the program.
STATEMENT OF PURPOSE
The purpose of this legislation is to allow parents of public
school students to be more aware and involved in their children's
school activities. This legislation will require parents to sign
a form developed by the school district giving the parents
approval prior to their child joining a school club or
There is no fiscal impact to the General Fund.
Name: Rep. Bob Nonini
STATEMENT OF PURPOSE/FISCAL NOTE H 863