Print Friendly HOUSE BILL NO. 626 – School dist liability, activities
HOUSE BILL NO. 626
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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
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]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN 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
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.
There is no fiscal impact on the general fund.
Name: Cliff Green, Idaho School Boards Association
Phone: 208 854-1476
Sponsors: Representatives Denny, Edmundson, Shepard
STATEMENT OF PURPOSE/FISCAL NOTE H 626