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H0626..........................................................by EDUCATION SCHOOL DISTRICTS - Adds to existing law relating to school districts to state public policy; to provide immunity to the school district, its contractor and employees from liability for any civil action arising out of the conduct of an extracurricular activity; and to provide exceptions and conditions. 02/09 House intro - 1st rdg - to printing 02/10 Rpt prt - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 626 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO SCHOOL DISTRICTS; AMENDING CHAPTER 5, TITLE 33, IDAHO CODE, BY THE 3 ADDITION OF A NEW SECTION 33-521, IDAHO CODE, TO STATE PUBLIC POLICY, TO 4 PROVIDE IMMUNITY TO THE SCHOOL DISTRICT, ITS CONTRACTORS AND EMPLOYEES 5 FROM LIABILITY FOR ANY CIVIL ACTION ARISING OUT OF THE CONDUCT OF AN 6 EXTRACURRICULAR ACTIVITY AND TO PROVIDE EXCEPTIONS AND CONDITIONS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Chapter 5, Title 33, Idaho Code, be, and the same is 9 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 10 ignated as Section 33-521, Idaho Code, and to read as follows: 11 33-521. EXTRACURRICULAR ACTIVITIES IMMUNITY. (1) The public policy of the 12 state of Idaho is advanced when the children in its public schools have the 13 maximum opportunity to participate in school district sponsored extracurricu- 14 lar activities, including sports, recreational, educational, and other activi- 15 ties where certain risks may exist, without subjecting the school district or 16 its employees to the threat of lawsuit. 17 (2) The school district and the school district's contractors and employ- 18 ees involved in an extracurricular activity supervised and regulated by the 19 board of trustees of the school district under section 33-512 12., Idaho Code, 20 shall be immune from liability for any civil action arising out of the conduct 21 of the extracurricular activity. 22 (3) The immunity provided for in subsection (2) of this section shall 23 apply only if: 24 (a) The school district, the school district's contractors, or school 25 district's employees do not commit acts which are intentional, willful or 26 grossly negligent with regard to the extracurricular activity; and 27 (b) Prior to the extracurricular activity, a written consent is received 28 by the school district which has been signed by the parent or legal guard- 29 ian of the child participating in the extracurricular activity which: 30 (i) Authorizes the child to participate in the specific extracurric- 31 ular activity; and 32 (ii) States that the signing parent or legal guardian waives liabil- 33 ity pursuant to this section.
STATEMENT OF PURPOSE RS 15789 The purposes of this legislation is to create immunities for school districts when parents have signed written waivers of liability giving permission for their children to participate in extracurricular activities while under school supervision. FISCAL NOTE There is no fiscal impact on the general fund. Contact: Name: Cliff Green, Idaho School Boards Association Phone: 208 854-1476 Sponsors: Representatives Denny, Edmundson, Shepard STATEMENT OF PURPOSE/FISCAL NOTE H 626