2006 Legislation
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SENATE BILL NO. 1253 – Kindergarten, school dists provide


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Bill Status

S1253..........................................................by SCHROEDER
KINDERGARTEN - Adds to existing law to provide that school districts shall
establish a kindergarten program; to provide that elementary and all other
school districts must provide instruction in kindergarten; and to require
school districts to provide classes in kindergarten.
01/12    Senate intro - 1st rdg - to printing
01/13    Rpt prt - to Educ

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                       IN THE SENATE
                                    SENATE BILL NO. 1253
                                        BY SCHROEDER
  1                                        AN ACT
  9    Be It Enacted by the Legislature of the State of Idaho:
 10        SECTION  1.  That  Section  33-208, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
 13    be compulsory for individual school districts to establish a kindergarten pro-
 14    gram;  and  it  shall  not be mandatory for a child who is eligible by age for
 15    attendance to enroll in an established public kindergarten.
 16        SECTION 2.  That Section 33-302, Idaho Code, be, and the  same  is  hereby
 17    amended to read as follows:
 18        33-302.  CLASSIFICATION  OF  SCHOOL DISTRICTS. Elementary school districts
 19    shall give instruction only to pupils in grades one (1)  kindergarten  through
 20    grade  eight  (8),  and may give instruction in kindergarten. All other school
 21    districts shall give instruction to pupils  in  grades  one  (1)  kindergarten
 22    through grade twelve (12), and may give instruction in kindergarten, and shall
 23    maintain  secondary  schools  giving instruction to pupils in grades seven (7)
 24    through twelve (12), or any combination of such grades.
 25        Any school district maintaining its only secondary school building situate
 26    not less than twenty-five (25) miles from the nearest Idaho secondary  school,
 27    and  which  employs not less than six (6) teachers within its district, may be
 28    authorized by the state board of education to instruct pupils in  two  (2)  or
 29    more grades above grade seven (7).
 30        Whenever  any  district lies, or shall lie, in more than one (1) county it
 31    shall be designated as a joint district of its class.
 32        SECTION 3.  That Section 33-512, Idaho Code, be, and the  same  is  hereby
 33    amended to read as follows:
 34        33-512.  GOVERNANCE  OF SCHOOLS. The board of trustees of each school dis-
 35    trict shall have the following powers and duties:
 36        (1.)  To fix the days of the year and the hours of the  day  when  schools
 37    shall be in session. However:
 38        (a)  Each school district shall annually adopt and implement a school cal-
 39        endar  which  provides its students at each grade level with the following
  1        minimum number of instructional hours:
  2                      Grades                             Hours
  3                       9-12                               990
  4                       4-8                                900
  5                       1-3                                810
  6                       K                                  450
  7        (b)  School assemblies, testing and other instructionally related  activi-
  8        ties  involving students directly may be included in the required instruc-
  9        tional hours.
 10        (c)  When approved by a local  school  board,  annual  instructional  hour
 11        requirements stated in paragraph (a) may be reduced as follows:
 12             (i)   Up  to  a  total  of twenty-two (22) hours to accommodate staff
 13             development activities conducted on such days  as  the  local  school
 14             board deems appropriate.
 15             (ii)  Up to a total of eleven (11) hours of emergency school closures
 16             due to adverse weather conditions and facility failures.
 17        However, transportation to and from school, passing times between classes,
 18        recess and lunch periods shall not be included.
 19        (d)  Student  and  staff  activities related to the opening and closing of
 20        the school year, grade reporting, program planning,  staff  meetings,  and
 21        other classroom and building management activities shall not be counted as
 22        instructional  time  or  in the reductions provided in paragraph (c)(i) of
 23        this section.
 24        (e)  For multiple shift programs, this rule applies to each  shift  (i.e.,
 25        each  student  must  have  access  to the minimum annual required hours of
 26        instructions).
 27        (f)  The instructional time requirement  for  grade  12  students  may  be
 28        reduced  by  action  of  a local school board for an amount of time not to
 29        exceed eleven (11) hours of instructional time.
 30        (g)  The state superintendent of public instruction may grant an exemption
 31        from the provisions of this section for an individual  building  within  a
 32        district, when the closure of that building, for unforeseen circumstances,
 33        does not affect the attendance of other buildings within the district.
 34        (2.)  To  adopt  and  carry  on, and provide for the financing of, a total
 35    educational program for the district. Such programs in other  than  elementary
 36    school  districts  may  include education programs for out-of-school youth and
 37    adults; and such districts may shall provide classes in kindergarten;
 38        (3.)  To provide, or require pupils to be provided  with,  suitable  text-
 39    books  and supplies, and for advice on textbook selections may appoint a text-
 40    book adoption committee as provided in section 33-512A, Idaho Code;
 41        (4.)  To protect the morals and health of the pupils;
 42        (5.)  To exclude from school, children not of school age;
 43        (6.)  To prescribe rules for the disciplining of unruly  or  insubordinate
 44    pupils, such rules to be included in a district discipline code adopted by the
 45    board  of  trustees and a summarized version thereof to be provided in writing
 46    at the beginning of each school year to the teachers and students in the  dis-
 47    trict  in  a manner consistent with the student's age, grade and level of aca-
 48    demic achievement;
 49        (7.)  To exclude from school, pupils with contagious  or  infectious  dis-
 50    eases who are diagnosed or suspected as having a contagious or infectious dis-
 51    ease  or  those  who  are  not immune and have been exposed to a contagious or
 52    infectious disease; and to close school on order of the state board of  health
 53    or local health authorities;
 54        (8.)  To  equip and maintain a suitable library or libraries in the school
 55    or schools and to exclude therefrom, and from the schools, all books,  tracts,
  1    papers, and catechisms of sectarian nature;
  2        (9.)  To  determine  school holidays. Any listing of school holidays shall
  3    include not less than the following: New Year's Day,  Memorial  Day,  Indepen-
  4    dence  Day,  Thanksgiving Day, and Christmas Day. Other days listed in section
  5    73-108, Idaho Code, if the same shall fall on a school day, shall be  observed
  6    with  appropriate  ceremonies;  and  any days the state board of education may
  7    designate, following the proclamation by the governor, shall be  school  holi-
  8    days;
  9        (10.) To  erect and maintain on each schoolhouse or school grounds a suit-
 10    able flagstaff or flagpole, and display thereon the flag of the United  States
 11    of America on all days, except during inclement weather, when the school is in
 12    session;  and  for each Veterans Day, each school in session shall conduct and
 13    observe an appropriate program of at least one (1)  class  period  remembering
 14    and honoring American veterans;
 15        (11.) To  prohibit entrance to each schoolhouse or school grounds, to pro-
 16    hibit loitering in schoolhouses or on school grounds and to  provide  for  the
 17    removal from each schoolhouse or school grounds of any individual or individu-
 18    als  who disrupt the educational processes or whose presence is detrimental to
 19    the morals, health, safety, academic learning or discipline of the  pupils.  A
 20    person  who  disrupts the educational process or whose presence is detrimental
 21    to the morals, health, safety, academic learning or discipline of  the  pupils
 22    or  who  loiters  in  schoolhouses or on school grounds, is guilty of a misde-
 23    meanor.
 24        (12.) To supervise and regulate, including by  contract  with  established
 25    entities,  those extracurricular activities which are by definition outside of
 26    or in addition to the regular academic  courses  or  curriculum  of  a  public
 27    school,  and  which extracurricular activities shall not be considered to be a
 28    property, liberty or contract right of any student, and  such  extracurricular
 29    activities  shall  not be deemed a necessary element of a public school educa-
 30    tion, but shall be considered to be a privilege.
 31        (13.) To govern the school district in compliance with state law and rules
 32    of the state board of education.
 33        (14.) To submit to the superintendent of public instruction not later than
 34    July 1 of each year documentation which meets the  reporting  requirements  of
 35    the  federal  gun-free  schools  act  of  1994 as contained within the federal
 36    improving America's schools act of 1994.
 37        (15.) To require that all persons hired for the first time by the district
 38    or who have been in the employ of the district five (5) years or less, undergo
 39    a criminal history check as provided in section 33-130, Idaho Code.  All  such
 40    employees  who  are  required to undergo a criminal history check shall obtain
 41    the history check within three (3)  months  of  starting  employment,  or  for
 42    employees  with  five  (5)  years  or less with the district, within three (3)
 43    months from the date such employee is notified that he must undergo a criminal
 44    history check. Such employees  shall pay the  cost  of  the  criminal  history
 45    check.  If  the  criminal  history check shows that the employee has been con-
 46    victed of a felony crime enumerated in section 33-1208, Idaho Code,  it  shall
 47    be  grounds  for immediate termination, dismissal or other personnel action of
 48    the district, except that it shall be the right  of  the  school  district  to
 49    evaluate whether an individual convicted of one (1) of these crimes and having
 50    been  incarcerated for that crime shall be hired. The district may require any
 51    or all persons who have been employed continuously with the same district  for
 52    more  than  five (5) years, to undergo a criminal history check as provided in
 53    section 33-130, Idaho Code. If the district elects to require criminal history
 54    checks of such employees, the district shall pay the  costs  of  the  criminal
 55    history  check  or reimburse employees for such cost. A substitute teacher who
  1    has undergone a criminal history check at the request of one (1)  district  in
  2    which he has been employed as a substitute shall not be required to undergo an
  3    additional  criminal  history  check  at  the request of any other district in
  4    which he is employed as a substitute if the teacher has  obtained  a  criminal
  5    history  check  within  the  previous  three  (3) years.  If the district next
  6    employing the substitute still elects  to  require  another  criminal  history
  7    check  within  the  three (3) year period, that district shall pay the cost of
  8    the criminal history check or reimburse the substitute teacher for such cost.
  9        (16.) Each board of trustees of a school district shall be responsible for
 10    developing a system for registering volunteers or contractors consistent  with
 11    maintaining a safe environment for their students.
 12        (17.) To  ensure  that each school district, including specially chartered
 13    school districts, participates in the  Idaho  student  information  management
 14    system  (ISIMS)  to the full extent of its availability. The terms "Idaho stu-
 15    dent information management system,"  "appropriate  access"  and  "real  time"
 16    shall  have  such  meanings as the terms are defined in section 33-1001, Idaho
 17    Code.
 18        (18.) To provide support for teachers in their first two (2) years in  the
 19    profession in the areas of: administrative and supervisory support, mentoring,
 20    peer assistance and professional development.
 21        SECTION  4.  That  Section  33-210, Idaho Code, be, and the same is hereby
 22    amended to read as follows:
 24    SUBSTANCES.  (1)  It  is  legislative  intent that parental involvement in all
 25    aspects of a child's education in the public school system remain a  priority.
 26    Substance abuse prevention programs and counseling for students attending pub-
 27    lic  schools  are  no  exception. Consequently, it is the duty of the board of
 28    trustees of each school district, including specially  chartered  school  dis-
 29    tricts,  and governing boards of charter schools, to adopt and implement poli-
 30    cies specifying how personnel shall respond when a  student  discloses  or  is
 31    reasonably  suspected  of using or being under the influence of alcohol or any
 32    controlled substance defined by section 37-2732C, Idaho  Code.  Such  policies
 33    shall  include  provisions that anonymity will be provided to the student on a
 34    faculty "need to know" basis, when a student voluntarily  discloses  using  or
 35    being  under  the  influence  of  alcohol or any controlled substance while on
 36    school property or at a school function, except as deemed reasonably necessary
 37    to protect the health and safety of others. Notification of the disclosure and
 38    availability of counseling for students shall  be  provided  to  parents,  the
 39    legal  guardian  or  child's  custodian. However, once a student is reasonably
 40    suspected of using or being under the influence of  alcohol  or  a  controlled
 41    substance in violation of section 37-2732C, Idaho Code, regardless of any pre-
 42    vious voluntary disclosure, the school administrator or designee shall contact
 43    the  student's parent, legal guardian or custodian, and report the incident to
 44    law enforcement. The fact that a student has previously disclosed use of alco-
 45    hol or a controlled substance shall not be deemed a factor in determining rea-
 46    sonable suspicion at a later date.
 47        (2)  In addition to policies adopted pursuant to  this  section,  students
 48    may, at the discretion of the district board of trustees or governing board of
 49    a charter school, be subject to other disciplinary or safety policies, regard-
 50    less  whether  the student voluntarily discloses or is reasonably suspected of
 51    using or being under the influence of alcohol or  a  controlled  substance  in
 52    violation  of  district  or  charter  school policy or section 37-2732C, Idaho
 53    Code.
  1        (3)  The district board of trustees or the governing board of the  charter
  2    school  shall ensure that procedures are developed for contacting law enforce-
  3    ment and the student's parents, legal guardian or custodian regarding  a  stu-
  4    dent  reasonably suspected of using or being under the influence of alcohol or
  5    a controlled substance. District and charter  school  policies  formulated  to
  6    meet the provisions of section 37-2732C, Idaho Code, and this section shall be
  7    made  available  to  each student, parent, guardian or custodian by August 31,
  8    2002, and thereafter as provided by section 33-512(6.), Idaho Code.
  9        (4)  Any school district employee or independent contractor of  an  educa-
 10    tional  institution  who has a reasonable suspicion that a student is using or
 11    is under the influence of alcohol or a controlled substance and,  acting  upon
 12    that  suspicion, reports that suspicion to a school administrator or initiates
 13    procedures adopted by the board of trustees or governing board of the  charter
 14    school pursuant to this section, shall have immunity from any liability, civil
 15    or criminal, that might otherwise be incurred or imposed. Any such participant
 16    shall  have  the  same  immunity with respect to participation in any judicial
 17    proceeding resulting from such report. Any person who reports in bad faith  or
 18    with  malice shall not be protected by this section. Employees and independent
 19    contractors of educational institutions who  intentionally  harass  a  student
 20    through  the misuse of the authority provided in this section shall not be im-
 21    mune from civil liability arising from the wrongful exercise of that authority
 22    and shall be guilty of a misdemeanor punishable by a fine not to exceed  three
 23    hundred dollars ($300).
 24        (5)  For  the  purposes  of  this section, the following definitions shall
 25    apply:
 26        (a)  "Reasonable suspicion" means an act of judgment by a school  employee
 27        or  independent  contractor of an educational institution which leads to a
 28        reasonable and prudent belief that a student is  in  violation  of  school
 29        board  or  charter school governing board policy regarding alcohol or con-
 30        trolled substance use, or the "use" or "under the influence" provisions of
 31        section 37-2732C, Idaho Code. Said judgment shall be based on training  in
 32        recognizing  the  signs  and  symptoms of alcohol and controlled substance
 33        use.
 34        (b)  "Intentionally harass" means a knowing and willful course of  conduct
 35        directed  at  a specific student which seriously alarms, annoys, threatens
 36        or intimidates the student and which serves  no  legitimate  purpose.  The
 37        course  of conduct must be such as would cause a reasonable person to suf-
 38        fer substantial emotional distress.
 39        (c)  "Course of conduct" means a pattern or series of acts over  a  period
 40        of  time, however short, evidencing a continuity of purpose. Constitution-
 41        ally and statutorily protected activity is not included within the meaning
 42        of "course of conduct."

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                             RS 15552

The purpose of this legislation is to amend Section 33-208, Idaho
Code, to provide that school districts shall have kindergarten.

                           FISCAL NOTE

All school districts currently offer kindergarten programs so
there will be no fiscal impact to the General Fund or to local
school districts.

Name: Senator Gary J. Schroeder 
Phone: 208-332-1324

STATEMENT OF PURPOSE/FISCAL NOTE                        S 1253