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S1404aa........................................................by EDUCATION
SCHOOL AGE - Amends existing law relating to education to revise provisions
relating to school age for purposes of enrolling in first grade.
02/08 Senate intro - 1st rdg - to printing
02/11 Rpt prt - to Educ
03/04 Rpt out - to 14th Ord
03/17 Rpt out amen - to engros
Rpt engros - 1st rdg - to 2nd rdg as amen
03/18 2nd rdg - to 3rd rdg as amen
03/20 3rd rdg as amen - Ret'd to Educ
03/25 Rpt out - to 14th Ord
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1404 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO EDUCATION; AMENDING SECTION 33-201, IDAHO CODE, TO REVISE A DEFI- 3 NITION, TO PROVIDE WHEN AGE FOUR YEARS IS DEEMED ATTAINED, TO PROVIDE THAT 4 A CHILD WHO HAS COMPLETED A PRIVATE IN-STATE KINDERGARTEN FOR THE REQUIRED 5 NUMBER OF HOURS BUT HAS NOT REACHED THE SCHOOL AGE REQUIREMENT SHALL BE 6 ALLOWED TO ENTER THE FIRST GRADE, TO PROVIDE FOR CLARIFYING LANGUAGE AND 7 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 33-512, IDAHO CODE, TO 8 PROVIDE FOR THE OPERATION AND MAINTENANCE OF A PREKINDERGARTEN PROGRAM 9 UPON THE MAJORITY VOTE OF SCHOOL DISTRICT ELECTORS AND TO MAKE A TECHNICAL 10 CORRECTION; AND AMENDING CHAPTER 8, TITLE 33, IDAHO CODE, BY THE ADDITION 11 OF A NEW SECTION 33-806, IDAHO CODE, TO PROVIDE FOR A PREKINDERGARTEN 12 LEVY. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 33-201, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 33-201. SCHOOL AGE. The services of the public schools of this state are 17 extended to any acceptable person of school age. "School age" is defined as 18 including all persons resident of the state, between the ages offivefour 19 (54) and twenty-one (21) years. 20 (1) For a child enrolling in prekindergarten, the age of four (4) years 21 shall be attained when the fourth anniversary of birth occurs on or before the 22 first day of September of the school year in which the child is enrolled in 23 prekindergarten. 24 (2) Forthe purposes of this sectiona child enrolling in kindergarten, 25 the age of five (5) years shall be attained when the fifth anniversary of 26 birth occurs on or before the first day of September of the school year in 27 which the child is to enroll in kindergarten. 28 (3) For a child enrolling in the first grade, the age of six (6) years 29 must be reached on or before the first day of September of the school year in 30 which the child is to enroll. 31 (4) Any child of the age of five (5) years who has completed a private or 32 public out-of-state kindergarten or a private in-state kindergarten for the 33 required four hundred fifty (450) hours but has not reached the "school age" 34 requirement in Idaho shall be allowed to enter the first grade. 35 (5) For resident children with disabilities who qualify for special edu- 36 cation and related services under the federal individuals with disabilities 37 education act (IDEA) and subsequent amendments thereto, and applicable state 38 and federal regulations, "school age" shall begin at the attainment of age 39 three (3) years and shall continue through the semester of school in which the 40 student attains the age of twenty-one (21) years. 41 SECTION 2. That Section 33-512, Idaho Code, be, and the same is hereby 42 amended to read as follows: 2 1 33-512. GOVERNANCE OF SCHOOLS. The board of trustees of each school dis- 2 trict shall have the following powers and duties: 3 (1) To fix the days of the year and the hours of the day when schools 4 shall be in session. However: 5 (a) Each school district shall annually adopt and implement a school cal- 6 endar which provides its students at each grade level with the following 7 minimum number of instructional hours: 8 Grades Hours 9 9-12 990 10 4-8 900 11 1-3 810 12 K 450 13 (b) School assemblies, testing and other instructionally related activi- 14 ties involving students directly may be included in the required instruc- 15 tional hours. 16 (c) When approved by a local school board, annual instructional hour 17 requirements stated in paragraph (a) may be reduced as follows: 18 (i) Up to a total of twenty-two (22) hours to accommodate staff 19 development activities conducted on such days as the local school 20 board deems appropriate. 21 (ii) Up to a total of eleven (11) hours of emergency school closures 22 due to adverse weather conditions and facility failures. 23 However, transportation to and from school, passing times between classes, 24 recess and lunch periods shall not be included. 25 (d) Student and staff activities related to the opening and closing of 26 the school year, grade reporting, program planning, staff meetings, and 27 other classroom and building management activities shall not be counted as 28 instructional time or in the reductions provided in paragraph (c)(i) of 29 this section. 30 (e) For multiple shift programs, this rule applies to each shift (i.e., 31 each student must have access to the minimum annual required hours of 32 instructions). 33 (f) The instructional time requirement for grade 12 students may be 34 reduced by action of a local school board for an amount of time not to 35 exceed eleven (11) hours of instructional time. 36 (g) The state superintendent of public instruction may grant an exemption 37 from the provisions of this section for an individual building within a 38 district, when the closure of that building, for unforeseen circumstances, 39 does not affect the attendance of other buildings within the district. 40 (2) To adopt and carry on, and provide for the financing of, a total edu- 41 cational program for the district. Such programs in other than elementary 42 school districts may include education programs for out-of-school youth and 43 adults; and such districts may provide classes in kindergarten; 44 (3) To provide, or require pupils to be provided with, suitable textbooks 45 and supplies, and for advice on textbook selections may appoint a textbook 46 adoption committee as provided in section 33-512A, Idaho Code; 47 (4) To protect the morals and health of the pupils; 48 (5) To exclude from school, children not of school age; 49 (6) To prescribe rules for the disciplining of unruly or insubordinate 50 pupils, including rules on student harassment, intimidation and bullying, such 51 rules to be included in a district discipline code adopted by the board of 52 trustees and a summarized version thereof to be provided in writing at the 53 beginning of each school year to the teachers and students in the district in 54 a manner consistent with the student's age, grade and level of academic 55 achievement; 3 1 (7) To exclude from school, pupils with contagious or infectious diseases 2 who are diagnosed or suspected as having a contagious or infectious disease or 3 those who are not immune and have been exposed to a contagious or infectious 4 disease; and to close school on order of the state board of health and welfare 5 or local health authorities; 6 (8) To equip and maintain a suitable library or libraries in the school 7 or schools and to exclude therefrom, and from the schools, all books, tracts, 8 papers, and catechisms of sectarian nature; 9 (9) To determine school holidays. Any listing of school holidays shall 10 include not less than the following: New Year's Day, Memorial Day, Indepen- 11 dence Day, Thanksgiving Day, and Christmas Day. Other days listed in section 12 73-108, Idaho Code, if the same shall fall on a school day, shall be observed 13 with appropriate ceremonies; and any days the state board of education may 14 designate, following the proclamation by the governor, shall be school holi- 15 days; 16 (10) To erect and maintain on each schoolhouse or school grounds a suit- 17 able flagstaff or flagpole, and display thereon the flag of the United States 18 of America on all days, except during inclement weather, when the school is in 19 session; and for each Veterans Day, each school in session shall conduct and 20 observe an appropriate program of at least one (1) class period remembering 21 and honoring American veterans; 22 (11) To prohibit entrance to each schoolhouse or school grounds, to pro- 23 hibit loitering in schoolhouses or on school grounds and to provide for the 24 removal from each schoolhouse or school grounds of any individual or individu- 25 als who disrupt the educational processes or whose presence is detrimental to 26 the morals, health, safety, academic learning or discipline of the pupils. A 27 person who disrupts the educational process or whose presence is detrimental 28 to the morals, health, safety, academic learning or discipline of the pupils 29 or who loiters in schoolhouses or on school grounds, is guilty of a misde- 30 meanor. 31 (12) To supervise and regulate, including by contract with established 32 entities, those extracurricular activities which are by definition outside of 33 or in addition to the regular academic courses or curriculum of a public 34 school, and which extracurricular activities shall not be considered to be a 35 property, liberty or contract right of any student, and such extracurricular 36 activities shall not be deemed a necessary element of a public school educa- 37 tion, but shall be considered to be a privilege. 38 (13) To govern the school district in compliance with state law and rules 39 of the state board of education. 40 (14) To submit to the superintendent of public instruction not later than 41 July 1 of each year documentation which meets the reporting requirements of 42 the federal gun-free schools act of 1994 as contained within the federal 43 improving America's schools act of 1994. 44 (15) To require that all persons hired for the first time by the district 45 or who have been in the employ of the district five (5) years or less, undergo 46 a criminal history check as provided in section 33-130, Idaho Code. All such 47 employees who are required to undergo a criminal history check shall obtain 48 the history check within three (3) months of starting employment, or for 49 employees with five (5) years or less with the district, within three (3) 50 months from the date such employee is notified that he must undergo a criminal 51 history check. Such employees shall pay the cost of the criminal history 52 check. If the criminal history check shows that the employee has been con- 53 victed of a felony crime enumerated in section 33-1208, Idaho Code, it shall 54 be grounds for immediate termination, dismissal or other personnel action of 55 the district, except that it shall be the right of the school district to 4 1 evaluate whether an individual convicted of one (1) of these crimes and having 2 been incarcerated for that crime shall be hired. The district may require any 3 or all persons who have been employed continuously with the same district for 4 more than five (5) years, to undergo a criminal history check as provided in 5 section 33-130, Idaho Code. If the district elects to require criminal history 6 checks of such employees, the district shall pay the costs of the criminal 7 history check or reimburse employees for such cost. A substitute teacher who 8 has undergone a criminal history check at the request of one (1) district in 9 which he has been employed as a substitute shall not be required to undergo an 10 additional criminal history check at the request of any other district in 11 which he is employed as a substitute if the teacher has obtained a criminal 12 history check within the previous three (3) years. If the district next 13 employing the substitute still elects to require another criminal history 14 check within the three (3) year period, that district shall pay the cost of 15 the criminal history check or reimburse the substitute teacher for such cost. 16 (16) Each board of trustees of a school district shall be responsible for 17 developing a system for registering volunteers or contractors consistent with 18 maintaining a safe environment for their students. 19 (17) To provide support for teachers in their first two (2) years in the 20 profession in the areas of: administrative and supervisory support, mentoring, 21 peer assistance and professional development. 22 (18) To operate and maintain a prekindergarten education program, but only 23 if such program is authorized by a majority of the school district electors 24 voting at an election conducted pursuant to chapter 4, title 33, Idaho Code. 25 SECTION 3. That Chapter 8, Title 33, Idaho Code, be, and the same is 26 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 27 ignated as Section 33-806, Idaho Code, and to read as follows: 28 33-806. LEVY FOR PREKINDERGARTEN. A levy for a prekindergarten program as 29 authorized by the school district electors pursuant to section 33-512(18), 30 Idaho Code, must be approved by the school district electors voting at the tax 31 levy election held for that purpose. Notice of such elections shall be given, 32 the election shall be conducted and the returns made, as provided in chapter 33 4, title 33, Idaho Code. The question shall be approved only if a majority of 34 the qualified electors voting at such election vote in favor thereof. The levy 35 election provided for in this subsection may be conducted concurrently with 36 the prekindergarten authorization election required by section 33-512(18), 37 Idaho Code.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Schroeder Seconded by Broadsword IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1404 1 AMENDMENTS TO THE BILL 2 On page 1 of the printed bill, delete lines 14 through 42; on page 2, 3 delete lines 1 through 55; on page 3, delete lines 1 through 55; and on page 4 4, delete lines 1 through 37 and insert: 5 "SECTION 1. That Section 33-201, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 33-201. SCHOOL AGE. The services of the public schools of this state are 8 extended to any acceptable person of school age. "School age" is defined as 9 including all persons resident of the state, between the ages of five (5) and 10 twenty-one (21) years. For the purposes of this section, the age of five (5) 11 years shall be attained when the fifth anniversary of birth occurs on or 12 before the first day of September of the school year in which the child is to 13 enroll in kindergarten. For a child enrolling in the first grade, the age of 14 six (6) years must be reached on or before the first day of September of the 15 school year in which the child is to enroll. Any child of the age of five (5) 16 years who has completed a private kindergarten in this state or another state 17 or a public out-of-state kindergarten for the required four hundred fifty 18 (450) hours but has not reached the "school age" requirement in Idaho shall be 19 allowed to enter the first grade following successful completion of an assess- 20 ment designed by the state department of education and administered by the 21 school ten (10) working days prior to the start of the school's school year. 22 The assessment designed by the state department of education shall ascertain 23 the child's readiness to enter and be successful in the first grade. 24 For resident children with disabilities who qualify for special education 25 and related services under the federal individuals with disabilities education 26 act (IDEA) and subsequent amendments thereto, and applicable state and federal 27 regulations, "school age" shall begin at the attainment of age three (3) years 28 and shall continue through the semester of school in which the student attains 29 the age of twenty-one (21) years.". 30 CORRECTIONS TO TITLE 31 On page 1, in line 2, delete "A DEF-"; and delete lines 3 through 12 and 32 insert: "PROVISIONS RELATING TO SCHOOL AGE FOR PURPOSES OF ENROLLMENT IN THE 33 FIRST GRADE AND TO MAKE TECHNICAL CORRECTIONS.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1404, As Amended BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO EDUCATION; AMENDING SECTION 33-201, IDAHO CODE, TO REVISE PROVI- 3 SIONS RELATING TO SCHOOL AGE FOR PURPOSES OF ENROLLMENT IN THE FIRST GRADE 4 AND TO MAKE TECHNICAL CORRECTIONS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 33-201, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 33-201. SCHOOL AGE. The services of the public schools of this state are 9 extended to any acceptable person of school age. "School age" is defined as 10 including all persons resident of the state, between the ages of five (5) and 11 twenty-one (21) years. For the purposes of this section, the age of five (5) 12 years shall be attained when the fifth anniversary of birth occurs on or 13 before the first day of September of the school year in which the child is to 14 enroll in kindergarten. For a child enrolling in the first grade, the age of 15 six (6) years must be reached on or before the first day of September of the 16 school year in which the child is to enroll. Any child of the age of five (5) 17 years who has completed a private kindergarten in this state or another state 18 or a public out-of-state kindergarten for the required four hundred fifty 19 (450) hours but has not reached the "school age" requirement in Idaho shall be 20 allowed to enter the first grade following successful completion of an assess- 21 ment designed by the state department of education and administered by the 22 school ten (10) working days prior to the start of the school's school year. 23 The assessment designed by the state department of education shall ascertain 24 the child's readiness to enter and be successful in the first grade. 25 For resident children with disabilities who qualify for special education 26 and related services under the federal individuals with disabilities education 27 act (IDEA) and subsequent amendments thereto, and applicable state and federal 28 regulations, "school age" shall begin at the attainment of age three (3) years 29 and shall continue through the semester of school in which the student attains 30 the age of twenty-one (21) years.
STATEMENT OF PURPOSE
RS 17730
Purpose of this legislation is to provide that children of four
years or older may attend prekindergarten in the public schools
and to provide that Idaho public schools may offer
prekindergarten programs if a majority of voters approve such a
program in an election and to provide that the voters may approve
a levy to pay for the program.
FISCAL NOTE
None to the General Fund.
Contact
Name: Senator Gary Schroeder
Phone: 208-332-1324
Senator Tom Gannon
Senator John Andreason Representative Tom Trail
Senator Tim Corder Representative Mark Snodgrass
Senator Charles Coiner Representative Branden Durst
STATEMENT OF PURPOSE/FISCAL NOTE S 1404