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H0566aaS.......................................................by EDUCATION
SCHOOL EMPLOYEES - CRIMINAL HISTORY CHECKS - Amends existing law relating
to criminal history checks for school district employees or applicants for
certificates; to require additional individuals as specified to undergo a
criminal history check; to clarify provisions of a criminal history check;
to provide a copy of background checks to applicants upon request of the
applicant; to delete procedural provisions upon completion of a criminal
history check; to require the State Department of Education to maintain a
statewide list of substitute teachers; to revise duties of the boards of
trustees of school districts regarding criminal history checks on certain
certificated and noncertificated employees of the district and other
individuals; and to revise the duties of the boards of trustees to maintain
a safe environment for students.
02/26 House intro - 1st rdg - to printing
02/27 Rpt prt - to Educ
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 65-2-3
AYES -- Anderson, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock,
Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez, Chew,
Clark, Collins, Crane, Eskridge, Hagedorn, Hart, Harwood, Henbest,
Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher,
Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen,
Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo, Roberts,
Ruchti, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
Shirley, Shively, Smith(30), Smith(24), Stevenson, Thayn, Thomas,
Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- Andrus, Barrett
Absent and excused -- Durst, Henderson, Snodgrass
Floor Sponsor - Patrick
Title apvd - to Senate
03/07 Senate intro - 1st rdg - to Educ
03/13 Rpt out - to 14th Ord
03/17 Rpt out amen - to 1st rdg as amen
03/18 1st rdg - to 2nd rdg as amen
03/19 2nd rdg - to 3rd rdg as amen
03/20 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- None
Floor Sponsor - Schroeder
Title apvd - to House
03/21 House concurred in Senate amens - to engros
03/25 Rpt engros - 1st rdg - to 2nd rdg as amen
03/26 2nd rdg - to 3rd rdg as amen
Rls susp - PASSED - 62-2-6
AYES -- Anderson, Bayer, Bedke, Bilbao, Black, Block, Bock, Boe,
Bolz, Bowers, Brackett, Chadderdon, Chavez, Chew, Clark, Collins,
Crane, Durst, Eskridge, Hagedorn, Hart, Harwood, Henbest, Henderson,
Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher,
Luker, Marriott, Mathews, Mortimer, Moyle, Nielsen, Nonini,
Pasley-Stuart, Patrick, Pence, Raybould, Ringo, Roberts, Ruchti,
Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08), Shirley,
Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thomas, Trail,
Vander Woude, Wills, Wood(35)
NAYS -- Andrus, Barrett
Absent and excused -- Bell, Bradford, McGeachin, Thayn, Wood(27), Mr.
Speaker
Floor Sponsor - Patrick
Title apvd - to enrol - Rpt enrol - Sp signed
03/27 Pres signed
03/28 To Governor
04/01 Governor signed
Session Law Chapter 349
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 566 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO CRIMINAL HISTORY CHECKS FOR SCHOOL DISTRICT EMPLOYEES OR APPLI- 3 CANTS FOR CERTIFICATES; AMENDING SECTION 33-130, IDAHO CODE, TO REQUIRE 4 ADDITIONAL INDIVIDUALS AS SPECIFIED TO UNDERGO A CRIMINAL HISTORY CHECK, 5 TO CLARIFY THE PROVISIONS OF A CRIMINAL HISTORY CHECK, TO PROVIDE A COPY 6 OF BACKGROUND CHECKS TO APPLICANTS UPON REQUEST OF THE APPLICANT, TO 7 DELETE PROCEDURAL PROVISIONS UPON COMPLETION OF A CRIMINAL HISTORY CHECK, 8 TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO MAINTAIN A STATEWIDE LIST 9 OF SUBSTITUTE TEACHERS AND TO REFER TO A DEFINITION OF SUBSTITUTE TEACHER; 10 AND AMENDING SECTION 33-512, IDAHO CODE, TO REVISE DUTIES OF THE BOARDS OF 11 TRUSTEES OF SCHOOL DISTRICTS REGARDING CRIMINAL HISTORY CHECKS ON ALL CER- 12 TIFICATED AND NONCERTIFICATED EMPLOYEES OF THE DISTRICT AND OTHER INDIVID- 13 UALS, TO REVISE THE DUTIES OF BOARDS OF TRUSTEES TO MAINTAIN A SAFE ENVI- 14 RONMENT FOR STUDENTS AND TO MAKE TECHNICAL CORRECTIONS. 15 Be It Enacted by the Legislature of the State of Idaho: 16 SECTION 1. That Section 33-130, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 33-130. CRIMINAL HISTORY CHECKS FOR SCHOOL DISTRICT EMPLOYEES OR APPLI- 19 CANTS FOR CERTIFICATES OR INDIVIDUALS HAVING CONTACT WITH STUDENTS -- STATE- 20 WIDE LIST OF SUBSTITUTE TEACHERS. The department of education, through the 21 cooperation of the Idaho state police, shall establish a system to obtain a 22 criminal history check on individuals to include, but is not limited to, cer- 23 tificated and noncertificated employees,andall applicants for certificates 24 pursuant to chapter 12, title 33, Idaho Code, substitute staff, individuals 25 involved in other types of student training such as practicums and intern- 26 ships, and on all individuals who have unsupervised contact with students in a 27 K-12 setting. The criminal history check shall be based on a completed ten 28 (10) finger fingerprint card or scan and shall include, at a minimum, the fol- 29 lowing state and national databases: 30 (1)StatewideIdaho bureau of criminal identification;bureau;31 (2) Federal bureau of investigation (FBI) criminal history check; and 32 (3)National crime information center; and33(4)Statewide sex offender register. 34 The state department of education shall charge allapplicantssuch indi- 35 viduals a fee of forty dollars ($40.00) for undergoing a criminal history 36 check pursuant to this section. The fee shall be sufficient to cover costs 37 charged by the federal bureau of investigation, the state police and the state 38 department of education. A record of all background checks shall be maintained 39 at the state department of education in a data bank for all employees of a 40 school district with a copy going to the applicant upon request.The depart-41ment of education shall forward to all applicants for a criminal history42check, notification that the fingerprint card has been destroyed after the43background check has been completed. The department of education and the Idaho2 1state police shall ensure that fingerprint cards have been destroyed after a2criminal history check has been completed.3 The state department of education shall maintain a statewide list of sub- 4 stitute teachers. The term "substitute teacher" shall have the meaning as pro- 5 vided in section 33-512(15), Idaho Code. 6 The Idaho state police and the department of education shall implement a 7 joint exercise of powers agreement pursuant to sections 67-2328 through 8 67-2333, Idaho Code, necessary to implement the provisions of this section. 9 SECTION 2. That Section 33-512, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 33-512. GOVERNANCE OF SCHOOLS. The board of trustees of each school dis- 12 trict shall have the following powers and duties: 13 (1) To fix the days of the year and the hours of the day when schools 14 shall be in session. However: 15 (a) Each school district shall annually adopt and implement a school cal- 16 endar which provides its students at each grade level with the following 17 minimum number of instructional hours: 18 Grades Hours 19 9-12 990 20 4-8 900 21 1-3 810 22 K 450 23 (b) School assemblies, testing and other instructionally related activi- 24 ties involving students directly may be included in the required instruc- 25 tional hours. 26 (c) When approved by a local school board, annual instructional hour 27 requirements stated in paragraph (a) may be reduced as follows: 28 (i) Up to a total of twenty-two (22) hours to accommodate staff 29 development activities conducted on such days as the local school 30 board deems appropriate. 31 (ii) Up to a total of eleven (11) hours of emergency school closures 32 due to adverse weather conditions and facility failures. 33 However, transportation to and from school, passing times between classes, 34 recess and lunch periods shall not be included. 35 (d) Student and staff activities related to the opening and closing of 36 the school year, grade reporting, program planning, staff meetings, and 37 other classroom and building management activities shall not be counted as 38 instructional time or in the reductions provided in paragraph (c)(i) of 39 this section. 40 (e) For multiple shift programs, this rule applies to each shift (i.e., 41 each student must have access to the minimum annual required hours of 42 instructions). 43 (f) The instructional time requirement for grade 12 students may be 44 reduced by action of a local school board for an amount of time not to 45 exceed eleven (11) hours of instructional time. 46 (g) The state superintendent of public instruction may grant an exemption 47 from the provisions of this section for an individual building within a 48 district, when the closure of that building, for unforeseen circumstances, 49 does not affect the attendance of other buildings within the district. 50 (2) To adopt and carry on, and provide for the financing of, a total edu- 51 cational program for the district. Such programs in other than elementary 52 school districts may include education programs for out-of-school youth and 53 adults; and such districts may provide classes in kindergarten; 3 1 (3) To provide, or require pupils to be provided with, suitable textbooks 2 and supplies, and for advice on textbook selections may appoint a textbook 3 adoption committee as provided in section 33-512A, Idaho Code; 4 (4) To protect the morals and health of the pupils; 5 (5) To exclude from school, children not of school age; 6 (6) To prescribe rules for the disciplining of unruly or insubordinate 7 pupils, including rules on student harassment, intimidation and bullying, such 8 rules to be included in a district discipline code adopted by the board of 9 trustees and a summarized version thereof to be provided in writing at the 10 beginning of each school year to the teachers and students in the district in 11 a manner consistent with the student's age, grade and level of academic 12 achievement; 13 (7) To exclude from school, pupils with contagious or infectious diseases 14 who are diagnosed or suspected as having a contagious or infectious disease or 15 those who are not immune and have been exposed to a contagious or infectious 16 disease; and to close school on order of the state board of health and welfare 17 or local health authorities; 18 (8) To equip and maintain a suitable library or libraries in the school 19 or schools and to exclude therefrom, and from the schools, all books, tracts, 20 papers, and catechisms of sectarian nature; 21 (9) To determine school holidays. Any listing of school holidays shall 22 include not less than the following: New Year's Day, Memorial Day, Indepen- 23 dence Day, Thanksgiving Day, and Christmas Day. Other days listed in section 24 73-108, Idaho Code, if the same shall fall on a school day, shall be observed 25 with appropriate ceremonies; and any days the state board of education may 26 designate, following the proclamation by the governor, shall be school holi- 27 days; 28 (10) To erect and maintain on each schoolhouse or school grounds a suit- 29 able flagstaff or flagpole, and display thereon the flag of the United States 30 of America on all days, except during inclement weather, when the school is in 31 session; and for each Veterans Day, each school in session shall conduct and 32 observe an appropriate program of at least one (1) class period remembering 33 and honoring American veterans; 34 (11) To prohibit entrance to each schoolhouse or school grounds, to pro- 35 hibit loitering in schoolhouses or on school grounds and to provide for the 36 removal from each schoolhouse or school grounds of any individual or individu- 37 als who disrupt the educational processes or whose presence is detrimental to 38 the morals, health, safety, academic learning or discipline of the pupils. A 39 person who disrupts the educational process or whose presence is detrimental 40 to the morals, health, safety, academic learning or discipline of the pupils 41 or who loiters in schoolhouses or on school grounds, is guilty of a misde- 42 meanor. 43 (12) To supervise and regulate, including by contract with established 44 entities, those extracurricular activities which are by definition outside of 45 or in addition to the regular academic courses or curriculum of a public 46 school, and which extracurricular activities shall not be considered to be a 47 property, liberty or contract right of any student, and such extracurricular 48 activities shall not be deemed a necessary element of a public school educa- 49 tion, but shall be considered to be a privilege. 50 (13) To govern the school district in compliance with state law and rules 51 of the state board of education. 52 (14) To submit to the superintendent of public instruction not later than 53 July 1 of each year documentation which meets the reporting requirements of 54 the federal gun-free schools act of 1994 as contained within the federal 55 improving America's schools act of 1994. 4 1 (15) To require that allpersons hired for the first time by the district2or who have been in the employ of the district five (5) years or less, undergo3a criminal history check as provided in section 33-130, Idaho Code. All such4 certificated and noncertificated employees who are required by the provisions 5 of section 33-130, Idaho Code, to undergo a criminal history check shall 6obtain the history check within three (3) months of startingsubmit a com- 7 pleted ten (10) finger fingerprint card or scan to the department of education 8 no later than five (5) days following the first day of employment, or for9employees with five (5) years or less with the district, within three (3)10months from the date such employee is notified that he must undergo a criminal11history check. Such employees and other individuals shall pay the cost of the 12 criminal history check. If the criminal history check shows that the employee 13 has been convicted of a felony crime enumerated in section 33-1208, Idaho 14 Code, it shall be grounds for immediate termination, dismissal or other per- 15 sonnel action of the district, except that it shall be the right of the school 16 district to evaluate whether an individual convicted of one (1) of these 17 crimes and having been incarcerated for that crime shall be hired.The dis-18trict may require any or all persons who have been employed continuously with19the same district for more than five (5) years, to undergo a criminal history20check as provided in section 33-130, Idaho Code. If the district elects to21require criminal history checks of such employees, the district shall pay the22costs of the criminal history check or reimburse employees for such costPro- 23 vided however, that any individual convicted of any felony offense listed in 24 section 33-1208 2., Idaho Code, shall not be hired. For the purposes of crimi- 25 nal history checks, a substitute teacher is any individual who temporarily 26 replaces a certificated classroom educator and is paid a substitute teacher 27 wage for one (1) day or more during a school year. A substitute teacher who 28 has undergone a criminal history check at the request of one (1) district in 29 which he has been employed as a substitute shall not be required to undergo an 30 additional criminal history check at the request of any other district in 31 which he is employed as a substitute if the teacher has obtained a criminal 32 history check within the previousthreefive (35) years. If the district 33 next employing the substitute still elects to require another criminal history 34 check within thethreefive (35) year period, that district shall pay the 35 cost of the criminal history check or reimburse the substitute teacher for 36 such cost. To remain on the statewide substitute teacher list maintained by 37 the state department of education, the substitute teacher shall undergo a 38 criminal history check every five (5) years. 39 (16)Each board of trustees of a school district shall be responsible for40 To maintain a safe environment for students by developing a systemfor regis-41tering volunteers orthat cross-checks all contractorsconsistent with main-42taining a safe environment for theiror other persons who have irregular con- 43 tact with students against the statewide sex offender register. 44 (17) To provide support for teachers in their first two (2) years in the 45 profession in the areas of: administrative and supervisory support, mentoring, 46 peer assistance and professional development.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Goedde Seconded by Bastian IN THE SENATE SENATE AMENDMENT TO H.B. NO. 566 1 AMENDMENTS TO SECTION 2 2 On page 4 of the printed bill, in line 4, following "employees" insert: 3 "hired on or after July 1, 2008, and other individuals"; and in line 11, fol- 4 lowing "check" insert: "or unsupervised contact with students in a K-12 set- 5 ting, whichever is sooner". 6 CORRECTION TO TITLE 7 On page 1, in line 11, delete "ALL" and insert: "CERTAIN".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 566, As Amended in the Senate BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO CRIMINAL HISTORY CHECKS FOR SCHOOL DISTRICT EMPLOYEES OR APPLI- 3 CANTS FOR CERTIFICATES; AMENDING SECTION 33-130, IDAHO CODE, TO REQUIRE 4 ADDITIONAL INDIVIDUALS AS SPECIFIED TO UNDERGO A CRIMINAL HISTORY CHECK, 5 TO CLARIFY THE PROVISIONS OF A CRIMINAL HISTORY CHECK, TO PROVIDE A COPY 6 OF BACKGROUND CHECKS TO APPLICANTS UPON REQUEST OF THE APPLICANT, TO 7 DELETE PROCEDURAL PROVISIONS UPON COMPLETION OF A CRIMINAL HISTORY CHECK, 8 TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO MAINTAIN A STATEWIDE LIST 9 OF SUBSTITUTE TEACHERS AND TO REFER TO A DEFINITION OF SUBSTITUTE TEACHER; 10 AND AMENDING SECTION 33-512, IDAHO CODE, TO REVISE DUTIES OF THE BOARDS OF 11 TRUSTEES OF SCHOOL DISTRICTS REGARDING CRIMINAL HISTORY CHECKS ON CERTAIN 12 CERTIFICATED AND NONCERTIFICATED EMPLOYEES OF THE DISTRICT AND OTHER INDI- 13 VIDUALS, TO REVISE THE DUTIES OF BOARDS OF TRUSTEES TO MAINTAIN A SAFE 14 ENVIRONMENT FOR STUDENTS AND TO MAKE TECHNICAL CORRECTIONS. 15 Be It Enacted by the Legislature of the State of Idaho: 16 SECTION 1. That Section 33-130, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 33-130. CRIMINAL HISTORY CHECKS FOR SCHOOL DISTRICT EMPLOYEES OR APPLI- 19 CANTS FOR CERTIFICATES OR INDIVIDUALS HAVING CONTACT WITH STUDENTS -- STATE- 20 WIDE LIST OF SUBSTITUTE TEACHERS. The department of education, through the 21 cooperation of the Idaho state police, shall establish a system to obtain a 22 criminal history check on individuals to include, but is not limited to, cer- 23 tificated and noncertificated employees,andall applicants for certificates 24 pursuant to chapter 12, title 33, Idaho Code, substitute staff, individuals 25 involved in other types of student training such as practicums and intern- 26 ships, and on all individuals who have unsupervised contact with students in a 27 K-12 setting. The criminal history check shall be based on a completed ten 28 (10) finger fingerprint card or scan and shall include, at a minimum, the fol- 29 lowing state and national databases: 30 (1)StatewideIdaho bureau of criminal identification;bureau;31 (2) Federal bureau of investigation (FBI) criminal history check; and 32 (3)National crime information center; and33(4)Statewide sex offender register. 34 The state department of education shall charge allapplicantssuch indi- 35 viduals a fee of forty dollars ($40.00) for undergoing a criminal history 36 check pursuant to this section. The fee shall be sufficient to cover costs 37 charged by the federal bureau of investigation, the state police and the state 38 department of education. A record of all background checks shall be maintained 39 at the state department of education in a data bank for all employees of a 40 school district with a copy going to the applicant upon request.The depart-41ment of education shall forward to all applicants for a criminal history42check, notification that the fingerprint card has been destroyed after the43background check has been completed. The department of education and the Idaho2 1state police shall ensure that fingerprint cards have been destroyed after a2criminal history check has been completed.3 The state department of education shall maintain a statewide list of sub- 4 stitute teachers. The term "substitute teacher" shall have the meaning as pro- 5 vided in section 33-512(15), Idaho Code. 6 The Idaho state police and the department of education shall implement a 7 joint exercise of powers agreement pursuant to sections 67-2328 through 8 67-2333, Idaho Code, necessary to implement the provisions of this section. 9 SECTION 2. That Section 33-512, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 33-512. GOVERNANCE OF SCHOOLS. The board of trustees of each school dis- 12 trict shall have the following powers and duties: 13 (1) To fix the days of the year and the hours of the day when schools 14 shall be in session. However: 15 (a) Each school district shall annually adopt and implement a school cal- 16 endar which provides its students at each grade level with the following 17 minimum number of instructional hours: 18 Grades Hours 19 9-12 990 20 4-8 900 21 1-3 810 22 K 450 23 (b) School assemblies, testing and other instructionally related activi- 24 ties involving students directly may be included in the required instruc- 25 tional hours. 26 (c) When approved by a local school board, annual instructional hour 27 requirements stated in paragraph (a) may be reduced as follows: 28 (i) Up to a total of twenty-two (22) hours to accommodate staff 29 development activities conducted on such days as the local school 30 board deems appropriate. 31 (ii) Up to a total of eleven (11) hours of emergency school closures 32 due to adverse weather conditions and facility failures. 33 However, transportation to and from school, passing times between classes, 34 recess and lunch periods shall not be included. 35 (d) Student and staff activities related to the opening and closing of 36 the school year, grade reporting, program planning, staff meetings, and 37 other classroom and building management activities shall not be counted as 38 instructional time or in the reductions provided in paragraph (c)(i) of 39 this section. 40 (e) For multiple shift programs, this rule applies to each shift (i.e., 41 each student must have access to the minimum annual required hours of 42 instructions). 43 (f) The instructional time requirement for grade 12 students may be 44 reduced by action of a local school board for an amount of time not to 45 exceed eleven (11) hours of instructional time. 46 (g) The state superintendent of public instruction may grant an exemption 47 from the provisions of this section for an individual building within a 48 district, when the closure of that building, for unforeseen circumstances, 49 does not affect the attendance of other buildings within the district. 50 (2) To adopt and carry on, and provide for the financing of, a total edu- 51 cational program for the district. Such programs in other than elementary 52 school districts may include education programs for out-of-school youth and 53 adults; and such districts may provide classes in kindergarten; 3 1 (3) To provide, or require pupils to be provided with, suitable textbooks 2 and supplies, and for advice on textbook selections may appoint a textbook 3 adoption committee as provided in section 33-512A, Idaho Code; 4 (4) To protect the morals and health of the pupils; 5 (5) To exclude from school, children not of school age; 6 (6) To prescribe rules for the disciplining of unruly or insubordinate 7 pupils, including rules on student harassment, intimidation and bullying, such 8 rules to be included in a district discipline code adopted by the board of 9 trustees and a summarized version thereof to be provided in writing at the 10 beginning of each school year to the teachers and students in the district in 11 a manner consistent with the student's age, grade and level of academic 12 achievement; 13 (7) To exclude from school, pupils with contagious or infectious diseases 14 who are diagnosed or suspected as having a contagious or infectious disease or 15 those who are not immune and have been exposed to a contagious or infectious 16 disease; and to close school on order of the state board of health and welfare 17 or local health authorities; 18 (8) To equip and maintain a suitable library or libraries in the school 19 or schools and to exclude therefrom, and from the schools, all books, tracts, 20 papers, and catechisms of sectarian nature; 21 (9) To determine school holidays. Any listing of school holidays shall 22 include not less than the following: New Year's Day, Memorial Day, Indepen- 23 dence Day, Thanksgiving Day, and Christmas Day. Other days listed in section 24 73-108, Idaho Code, if the same shall fall on a school day, shall be observed 25 with appropriate ceremonies; and any days the state board of education may 26 designate, following the proclamation by the governor, shall be school holi- 27 days; 28 (10) To erect and maintain on each schoolhouse or school grounds a suit- 29 able flagstaff or flagpole, and display thereon the flag of the United States 30 of America on all days, except during inclement weather, when the school is in 31 session; and for each Veterans Day, each school in session shall conduct and 32 observe an appropriate program of at least one (1) class period remembering 33 and honoring American veterans; 34 (11) To prohibit entrance to each schoolhouse or school grounds, to pro- 35 hibit loitering in schoolhouses or on school grounds and to provide for the 36 removal from each schoolhouse or school grounds of any individual or individu- 37 als who disrupt the educational processes or whose presence is detrimental to 38 the morals, health, safety, academic learning or discipline of the pupils. A 39 person who disrupts the educational process or whose presence is detrimental 40 to the morals, health, safety, academic learning or discipline of the pupils 41 or who loiters in schoolhouses or on school grounds, is guilty of a misde- 42 meanor. 43 (12) To supervise and regulate, including by contract with established 44 entities, those extracurricular activities which are by definition outside of 45 or in addition to the regular academic courses or curriculum of a public 46 school, and which extracurricular activities shall not be considered to be a 47 property, liberty or contract right of any student, and such extracurricular 48 activities shall not be deemed a necessary element of a public school educa- 49 tion, but shall be considered to be a privilege. 50 (13) To govern the school district in compliance with state law and rules 51 of the state board of education. 52 (14) To submit to the superintendent of public instruction not later than 53 July 1 of each year documentation which meets the reporting requirements of 54 the federal gun-free schools act of 1994 as contained within the federal 55 improving America's schools act of 1994. 4 1 (15) To require that allpersons hired for the first time by the district2or who have been in the employ of the district five (5) years or less, undergo3a criminal history check as provided in section 33-130, Idaho Code. All such4 certificated and noncertificated employees hired on or after July 1, 2008, and 5 other individuals who are required by the provisions of section 33-130, Idaho 6 Code, to undergo a criminal history check shallobtain the history check7within three (3) months of startingsubmit a completed ten (10) finger finger- 8 print card or scan to the department of education no later than five (5) days 9 following the first day of employment, or for employees with five (5) years or10less with the district, within three (3) months from the date such employee is11notified that he must undergo a criminal history checkor unsupervised contact 12 with students in a K-12 setting, whichever is sooner. Such employees and other 13 individuals shall pay the cost of the criminal history check. If the criminal 14 history check shows that the employee has been convicted of a felony crime 15 enumerated in section 33-1208, Idaho Code, it shall be grounds for immediate 16 termination, dismissal or other personnel action of the district, except that 17 it shall be the right of the school district to evaluate whether an individual 18 convicted of one (1) of these crimes and having been incarcerated for that 19 crime shall be hired.The district may require any or all persons who have20been employed continuously with the same district for more than five (5)21years, to undergo a criminal history check as provided in section 33-130,22Idaho Code. If the district elects to require criminal history checks of such23employees, the district shall pay the costs of the criminal history check or24reimburse employees for such costProvided however, that any individual con- 25 victed of any felony offense listed in section 33-1208 2., Idaho Code, shall 26 not be hired. For the purposes of criminal history checks, a substitute 27 teacher is any individual who temporarily replaces a certificated classroom 28 educator and is paid a substitute teacher wage for one (1) day or more during 29 a school year. A substitute teacher who has undergone a criminal history check 30 at the request of one (1) district in which he has been employed as a substi- 31 tute shall not be required to undergo an additional criminal history check at 32 the request of any other district in which he is employed as a substitute if 33 the teacher has obtained a criminal history check within the previousthree34 five (35) years. If the district next employing the substitute still elects 35 to require another criminal history check within thethreefive (35) year 36 period, that district shall pay the cost of the criminal history check or 37 reimburse the substitute teacher for such cost. To remain on the statewide 38 substitute teacher list maintained by the state department of education, the 39 substitute teacher shall undergo a criminal history check every five (5) 40 years. 41 (16)Each board of trustees of a school district shall be responsible for42 To maintain a safe environment for students by developing a systemfor regis-43tering volunteers orthat cross-checks all contractorsconsistent with main-44taining a safe environment for theiror other persons who have irregular con- 45 tact with students against the statewide sex offender register. 46 (17) To provide support for teachers in their first two (2) years in the 47 profession in the areas of: administrative and supervisory support, mentoring, 48 peer assistance and professional development.
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STATEMENT OF PURPOSE
RS 17973
The purpose of this legislation is to enhance the safety of
Idaho's public school children by addressing several gaps in the
fingerprinting and background check system, which currently put
Idaho's students at risk of coming into contact with adults who
should not have contact with minors. These changes include
requiring background checks for student teachers, independent
contractors and their employees, and other individuals who have
unsupervised contact with students in a public school setting.
The legislation also requires that background checks for new
employees must be performed within 5 days of the start of
employment, rather than the current 90 days, and makes it easier
for substitute teachers who have passed their background check to
work for more than one district.
FISCAL IMPACT
This legislation will require a Fiscal Year 2009 increase in
dedicated funds spending authority as follows:
Ongoing One-time TOTAL
Idaho State Police (BCI) $23,400 $23,400 $46,800
State Department of Education $8,600 $8,600 $17,200
Contact
Name: Rep. Jim Patrick
Christina Linder, State Dept. of Education
Phone: (208) 332-6800
STATEMENT OF PURPOSE/FISCAL NOTE H 566
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