Idaho Code § 33-802C — Idaho Code / Title 33 / Chapter 8 / Section 33-802C
33-802C SUPPLEMENTAL LEVIES — PURPOSES FOR WHICH REVENUES ARE USED.
Status: in_force

33-802C. supplemental levies — purposes for which revenues are used. A school district shall use supplemental levy revenues only for those purposes identified pursuant to section 33-802B(1)(b), Idaho Code. The school district board of trustees shall annually publish, prior to its regular July meeting, a summary of levy revenues and the items for which such revenues were used, alongside a copy of the disclosure included on the ballot pursuant to section 33-802B, Idaho Code.

History:

[33-802C, added 2022, ch. 235, sec. 3, p. 763.]
Idaho Code § 33-804A — Idaho Code / Title 33 / Chapter 8 / Section 33-804A
33-804A SCHOOL PLANT FACILITIES RESERVE FUND LEVY FOR SAFE SCHOOL FACILITIES.
Status: in_force

33-804A. School plant facilities reserve fund levy for safe school facilities. (1) Definition. As used in this section, public school facilities mean the physical plant of improved or unimproved real property owned or operated by a school district, including school buildings, administration buildings, playgrounds, athletic fields, etc., used by schoolchildren or school district personnel in the normal course of providing a general, uniform and thorough system of public, free common schools, but does not include areas, buildings or parts of buildings closed from or not used in the normal course of providing a general, uniform and thorough system of public, free common schools. The aspects of a safe environment conducive to learning as provided by section 33-1612, Idaho Code, that pertain to the physical plant used to provide a general, uniform and thorough system of public, free common schools are hereby defined as those necessary to comply with the safety and health requirements set forth in this section.

(2) Whenever under applicable law a board of trustees of a school district has identified on the basis of an independent inspection of the district's school facilities that some of those school facilities fail to comply with codes addressing safety and health standards for facilities (including electrical, plumbing, mechanical, elevator, fire safety, boiler safety, life safety, structural, snow loading, and sanitary codes) adopted by or pursuant to the Idaho uniform school building safety act, chapter 80, title 39, Idaho Code, adopted by the state fire marshal, adopted by generally applicable local ordinances, or adopted by rule of the state board of education and applicable to school facilities, and that those school facilities that do not comply with codes addressing unsafe or unhealthy conditions contain unsafe or unhealthy conditions that cannot be abated with the school district's income from current sources, that school district shall be eligible to participate in the Idaho safe schools facilities loan program administered by Idaho banks. Eligibility to participate in the Idaho safe schools facilities loan program shall not affect or disqualify any school district from eligibility to participate in any other program to abate unsafe or unhealthy conditions.

(3) In any school district in which a school plant facilities reserve fund has been created, the period for which the school plant facilities reserve fund levy may be in effect may extend beyond ten (10) years but not to exceed twenty (20) years, provided that:

(a) The board of trustees shall determine that all or a portion of the amount to be collected each year during the period of years in which the levy is collected is made to abate, repair or replace school facilities with unsafe or unhealthy conditions.

(b) The question of the levy to be submitted to the electors of a district and the notice of such election shall state the dollar amount proposed to be collected each year during the period of years in each of which the collection is to be made to abate, repair or replace school facilities for the purpose of providing buildings complying with codes defining safe and healthy conditions as required by applicable law.

(c) The election for such a levy conducted pursuant to this section shall be held on one (1) of the days authorized by section 34-106, Idaho Code.

The provisions of section 33-804, Idaho Code, that are not modified by this section shall apply to levies made pursuant to this section.

History:

[33-804A, added 2000, ch. 344, sec. 2, p. 1165; am. 2001, ch. 326, sec. 1, p. 1143.]
Idaho Code § 33-2401 — Idaho Code / Title 33 / Chapter 24 / Section 33-2401
33-2401 DEFINITIONS.
Status: in_force

33-2401. Definitions. For the purposes of chapter 24, title 33, Idaho Code, the following words have the following meanings:

(1) "Accredited" means that a postsecondary educational institution has been recognized or approved as meeting the standards established by an accrediting agency recognized by the board.

(2) "Agent" means any individual within the state of Idaho who solicits students for or on behalf of a proprietary school.

(3) "Agent's certificate of identification" means a nontransferable written document issued to an agent by the proprietary school that the agent represents.

(4) "Board" means the state board of education.

(5) "Course" means instruction imparted in a series of lessons or class meetings to meet an educational objective.

(6) "Course or courses of study" means either a single course or a set of related courses for which a student enrolls, either for academic credit or otherwise.

(7) "Degree" means any written or any academic title which contains, in any language, the word "associate," "bachelor," "baccalaureate," "master" or "doctor," or any abbreviation thereof, and which indicates or represents, or which is intended to indicate or represent, that the person named thereon, in the case of any writing, or the person it is awarded thereto, in the case of any academic title, is learned in or has satisfactorily completed a prescribed course of study in a particular field or that the person has demonstrated proficiency in any field of endeavor as a result of formal preparation or training.

(8) "Director" means the executive officer of the state board of education or his designee.

(9) "Person" means an individual, sole proprietorship, partnership, corporation or other association of individuals, however organized.

(10) "Postsecondary educational institution" means a person, or educational, business or other entity, whether legally constituted or otherwise, which maintains a presence within, or which operates or purports to operate, from a location within the state of Idaho, and which provides a course or courses of study that lead to a degree, or which provides, offers or sells degrees.

(11) "Proprietary school" means a person, or educational, business or other entity, whether legally constituted or otherwise, which maintains a presence within, or which operates or purports to operate, from a location within the state of Idaho and which conducts, provides, offers or sells a course or courses of study, but which does not provide, offer or sell degrees.

History:

[33-2401, added 1993, ch. 57, sec. 3, p. 156; am. 1995, ch. 107, sec. 1, p. 340; am. 1999, ch. 329, sec. 32, p. 875; am. 2006, ch. 240, sec. 2, p. 726; am. 2009, ch. 26, sec. 2, p. 73; am. 2011, ch. 159, sec. 1, p. 447.]
Idaho Code § 33-6702 — Idaho Code / Title 33 / Chapter 67 / Section 33-6702
33-6702 DEFINITIONS.
Status: in_force

33-6702. definitions. For the purposes of this chapter:

(1) "Changing facility" means a facility in which a person may be in a state of undress in the presence of others, including a locker room, changing room, or shower room.

(2) "Public school" means any public school teaching K-12 students within an Idaho school district or charter school.

(3) "Sex" is as defined in section 73-114, Idaho Code.

History:

[(33-6702) 33-6602, added 2023, ch. 120, sec. 1, p. 344; am. and redesig. 2024, ch. 16, sec. 12, p. 146; am. and redesig. 2024, ch. 322, sec. 4, p. 1066.]
Idaho Code § 33-522 — Idaho Code / Title 33 / Chapter 5 / Section 33-522
33-522 FINANCIAL EMERGENCY.
Status: in_force

33-522. financial emergency. (1) Prior to declaring a financial emergency, the board of trustees shall hold a public meeting for the purpose of receiving input concerning possible solutions to the financial problems facing the school district.

(2) If the state department of education certifies that one (1) or more of the conditions in paragraph (a), (b) or (c) of this subsection are met, then the board of trustees may declare a financial emergency if it determines that the condition in paragraph (f) of this subsection is also met. Alternatively, the board of trustees may declare a financial emergency if it determines that either of the conditions in paragraph (d) or (e) of this subsection are met and the state department of education certifies that the condition set forth in paragraph (f) of this subsection is also met.

(a) Any of the base salary multipliers in section 33-1004E, Idaho Code, are reduced by one and one-half percent (1 1/2%) or more from any prior fiscal year.

(b) The minimum instructional salary provision in section 33-1004E, Idaho Code, is reduced by one and one-half percent (1 1/2%) or more from any prior fiscal year.

(c) The amount of total general fund money appropriated per support unit is reduced by greater than three percent (3%) from the original general fund appropriation per support unit of any prior fiscal year.

(d) The amount of property tax revenue to be collected by the school district that may be used for any general fund purpose, with the exception of any emergency levy funds, is reduced from the prior fiscal year, and the amount of said reduction represents more than one and one-half percent (1 1/2%) of the school district's general fund budget for combined state and local revenues from the prior fiscal year.

(e) The school district's general fund has decreased by at least one and one-half percent (1 1/2%) from the previous year's level due to a decrease in funding or natural disaster, but not as a result of a drop in the number of support units or the index multiplier calculated pursuant to section 33-1004A, Idaho Code, or a change in the emergency levy.

(f) The school district's unrestricted general fund balance, which excludes funds restricted by state or federal law and considering both anticipated expenditures and revenue, is less than five and one-half percent (5 1/2%) of the school district's unrestricted general fund budget at the time the financial emergency is declared or for the fiscal year for which the financial emergency is declared.

(3) Upon its declaration of a financial emergency, the board of trustees shall:

(a) Have the power to reopen the salary and benefits compensation aspects of the negotiated agreement, including the length of the certificated employee contracts and the amount of compensation and benefits; and

(b) If the parties to the negotiated agreement mutually agree, reopen other matters contained within the negotiated agreement directly affecting the financial circumstances in the school district.

If the board of trustees exercises the power provided in this subsection consistent with the requirements of subsection (2) of this section, both the board of trustees and the local education association shall meet and confer in good faith for the purpose of reaching an agreement on such issues.

(4) If, after the declaration of a financial emergency pursuant to subsection (2) of this section, both parties have met and conferred in good faith and an agreement has not been reached, the board of trustees may impose its last, best offer, following the outcome of the due process hearing held pursuant to section 33-515(7), Idaho Code.

(5) A financial emergency declared pursuant to subsection (2) of this section shall be effective for only one (1) fiscal year at a time and shall not be declared by the board of trustees for a second consecutive year, unless so qualified by additional reductions pursuant to the conditions listed in subsection (2) of this section.

(6) The time requirements of sections 33-514(2) and 33-515(2), Idaho Code, shall not apply in the event a financial emergency is declared pursuant to subsection (2) of this section.

History:

[33-522, added 2009, ch. 171, sec. 3, p. 545; am. 2011, ch. 96, sec. 9, p. 219; am. 2013, ch. 255, sec. 1, p. 629.]
Idaho Code § 33-5603 — Idaho Code / Title 33 / Chapter 56 / Section 33-5603
33-5603 EDUCATION OPPORTUNITY RESOURCE COMMITTEE — MEMBERS AND MEETINGS.
Status: in_force

33-5603. education opportunity RESOURCE committee — members and meetings. (1) There is hereby established in the office of the state board of education the education opportunity resource committee. The committee shall consist of the following eight (8) members:

(a) One (1) member shall be the state superintendent of public instruction or the superintendent's designee;

(b) One (1) member shall be the education data chief information officer or the officer's designee;

(c) Three (3) members shall be appointed by the Idaho association of school administrators as follows:

(i) One (1) member who is a superintendent from a school district with fewer than one thousand (1,000) students enrolled or the superintendent's designee;

(ii) One (1) member who is a superintendent from a school district with between one thousand (1,000) and four thousand nine hundred ninety-nine (4,999) students enrolled or the superintendent's designee; and

(iii) One (1) member who is a superintendent from a school district with five thousand (5,000) or more students enrolled or the superintendent's designee;

(d) One (1) member shall be the state librarian or the state librarian's designee; and

(e) Two (2) members shall be school technology personnel appointed by the Idaho education technology association.

(2) The chairperson shall be the education data chief information officer. The committee shall elect a vice chairperson who shall hold such position for a two (2) year term and who may be reelected. Members of the committee shall serve four (4) year terms. Vacancies shall be filled by the relevant appointing authority for the remaining term.

(3) The committee shall meet at least once quarterly until July 1, 2018, after which date the committee shall meet at least once annually.

(4) All meetings of the committee shall be held in accordance with the state open meetings law set forth in chapter 2, title 74, Idaho Code.

History:

[33-5603, added 2016, ch. 182, sec. 3, p. 493; am. 2023, ch. 36, sec. 1, p. 170.]
Idaho Code § 33-208 — Idaho Code / Title 33 / Chapter 2 / Section 33-208
33-208 KINDERGARTENS AND CHILD ATTENDANCE NOT COMPULSORY.
Status: in_force

33-208. Kindergartens and child attendance not compulsory. It shall not be compulsory for individual school districts to establish a kindergarten program; and it shall not be mandatory for a child who is eligible by age for attendance to enroll in an established public kindergarten.

History:

[I.C., sec. 33-208, as added by 1975, ch. 42, sec. 2, p. 73.]
Idaho Code § 33-6807 — Idaho Code / Title 33 / Chapter 68 / Section 33-6807
33-6807 REPORTS.
Status: in_force

33-6807. reports. (1) No later than December 1, 2025, each public institution of higher education must publicly post on its website, as well as submit to the governor and the legislative services office a report regarding the institution's policies for implementing the requirements of this chapter. A supplemental report shall also be given in the instance of any changes or updates to such policies.

(2) If a claim or complaint is filed against a public institution of higher education alleging an unlawful unconditional limitation on the protected activities set forth in this chapter, a supplementary report with a copy of the claim, complaint, or any amended complaint shall be submitted to the state board of education within thirty (30) days of the filing of the claim, complaint, or amended complaint. No later than January 14 each year, the state board of education shall create a report compiling non-privileged information subject to and lawful for public disclosure pursuant to this section and submit the report to the governor and the legislative services office for access by members of the legislature.

(3) Nothing in this chapter shall be interpreted as requiring the institution to include any information from a student's education record that would be prohibited from public disclosure by the family educational rights and privacy act or any employee's personnel information that is prohibited from public disclosure by section 74-106(1), Idaho Code.

History:

[33-6807, added 2025, ch. 194, sec. 1, p. 894.]
Idaho Code § 33-1013 — Idaho Code / Title 33 / Chapter 10 / Section 33-1013
33-1013 COUNTY TREASURER — COUNTY AUDITOR — DUTIES.
Status: in_force

33-1013. County treasurer — County auditor — Duties. In addition to other duties required by this chapter, the county treasurer shall keep a separate account with each school district situate in whole or in part in his county, placing to the credit of each all moneys received through the proceeds of school district tax levies, and any other moneys due the respective districts under the provisions of law. He shall on the first day of each month give notice to the clerk of the board of any elementary district, of the debits and credits made to the account of such district during the current quarter and the balance on hand both at the beginning and at the end of the preceding quarter.

He shall keep an account of the county school fund, and of any other school funds arising from a county-wide tax levy for school purposes.

He shall pay over the moneys in any fund herein required to be kept, only upon the warrant of the county auditor.

In addition to other duties required of the county auditor by the provisions of this chapter, he shall, from time to time as required by law, draw his warrant upon any fund required to be disbursed to the treasurer of any school district.

History:

[33-1013, added 1963, ch. 13, sec. 139, p. 27; am. 1967, ch. 243, sec. 3, p. 707; am. 1980, ch. 179, sec. 12, p. 395.]
Idaho Code § 33-1280 — Idaho Code / Title 33 / Chapter 12 / Section 33-1280
33-1280 AMERICAN INDIAN LANGUAGES TEACHING AUTHORIZATION.
Status: in_force

33-1280. American Indian languages teaching authorization. (1) As used in this section, "Indian tribe" is as defined in section 67-4001, Idaho Code.

(2) It is the policy of the state of Idaho to preserve, protect and promote the rights of Indian tribes to use, practice and develop their native languages and to encourage American Indians in the state to use, study and teach their native languages in order to encourage and promote:

(a) The survival of the native language;

(b) Increased student scholarship;

(c) Increased student awareness of the student's culture and history; and

(d) Increased student success.

(3) The state board of education shall promulgate rules authorizing American Indian languages teachers to teach in the public schools of this state.

(4) Each Indian tribe may establish its own system of designation for individuals qualified to teach that tribe's native language. In establishing such a system, the tribe shall determine:

(a) The development of an oral and written qualification test;

(b) Which dialects shall be used in the test;

(c) Whether the tribe will standardize the tribe's writing system;

(d) How the teaching methods will be evaluated in the classroom; and

(e) The period of time for which a tribal designation shall be valid.

(5) (a) Each Indian tribe shall provide to the state board of education the names of those highly and uniquely qualified individuals who have been designated to teach the tribe's native language.

(b) Upon receiving the names of American Indian languages teachers designated by an Indian tribe, the state board of education shall authorize those individuals as American Indian languages teachers in accordance with rules of the board.

(6) Notwithstanding any other provision of law, the state board of education shall not require an American Indian languages teacher who has obtained tribal designation to teach a native language to hold a specific academic degree or to complete a teacher education program.

(7) (a) An American Indian languages teaching authorization shall qualify the authorized individual to accept a teaching position or assignment in any school district of the state that offers or permits courses in an American Indian language.

(b) A holder of an American Indian languages teaching authorization who does not also have a teaching certificate as provided in section 33-1201, Idaho Code, may not teach in a school district of this state any subject other than the American Indian language for which he or she is authorized to teach.

History:

[33-1280, added 2002, ch. 265, sec. 1, p. 787.]
Idaho Code § 33-1208 — Idaho Code / Title 33 / Chapter 12 / Section 33-1208
33-1208 REVOCATION, SUSPENSION, DENIAL, OR PLACE REASONABLE CONDITIONS ON CERTIFICATE — GROUNDS.
Status: in_force

33-1208. Revocation, suspension, denial, or place reasonable conditions on certificate — Grounds. (1) The professional standards commission may deny, revoke, suspend, or place reasonable conditions on any certificate issued or authorized under the provisions of section 33-1201, Idaho Code, upon any of the following grounds:

(a) Gross neglect of duty;

(b) Incompetency;

(c) Breach of the teaching contract;

(d) Making any material statement of fact in the application for a certificate that the applicant knows to be false;

(e) Revocation, suspension, denial, or surrender of a certificate in another state for any reason constituting grounds for revocation in this state;

(f) Conviction, finding of guilt, withheld judgment, or suspended sentence in this or any other state of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code;

(g) Conviction, finding of guilt, withheld judgment, or suspended sentence in this state or any other state for the delivery, manufacture, or production of controlled substances or simulated controlled substances as those terms are defined in section 37-2701, Idaho Code;

(h) A guilty plea or a finding of guilt, notwithstanding the form of the judgment or withheld judgment, in this or any other state of the crime of involuntary manslaughter, section 18-4006(2) or (3), Idaho Code;

(i) Any disqualification that would have been sufficient grounds for refusing to issue or authorize a certificate, if the disqualification existed or had been known at the time of its issuance or authorization;

(j) Willful violation of any professional code or standard of ethics or conduct adopted by the state board of education;

(k) The kidnapping of a child, section 18-4503, Idaho Code;

(l) Conviction, finding of guilt, withheld judgment, or suspended sentence in this state or any other state of any crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code, the commission of which renders the certificated person unfit to teach or otherwise perform the duties of the certificated person's position.

(2) The professional standards commission shall permanently revoke any certificate issued or authorized under the provisions of section 33-1201, Idaho Code, and shall deny the application for issuance of a certificate of a person who pleads guilty to or is found guilty of, notwithstanding the form of the judgment or withheld judgment, any of the following felony offenses:

(a) Aggravated assault, section 18-905, Idaho Code, or assault with intent to commit a serious felony, section 18-909, Idaho Code.

(b) Aggravated battery, section 18-907, Idaho Code, or battery with intent to commit a serious felony, section 18-911, Idaho Code.

(c) The injury or death of a child, section 18-1501, Idaho Code.

(d) The sexual abuse of a child under sixteen (16) years of age, section 18-1506, Idaho Code.

(e) The ritualized abuse of a child under eighteen (18) years of age, section 18-1506A, Idaho Code.

(f) The sexual exploitation of a child, section 18-1507, Idaho Code.

(g) Lewd conduct with a child under the age of sixteen (16) years, section 18-1508, Idaho Code.

(h) The sexual battery of a minor child sixteen (16) or seventeen (17) years of age, section 18-1508A, Idaho Code.

(i) The sale or barter of a child for adoption or other purposes, section 18-1511, Idaho Code.

(j) Murder, section 18-4003, Idaho Code, or voluntary manslaughter, section 18-4006(1), Idaho Code.

(k) Kidnapping, section 18-4502, Idaho Code.

(l) Interstate trafficking in commercial sexual activity, section 18-5607, Idaho Code.

(m) Utilizing a child for commercial sexual activity, section 18-5610, Idaho Code.

(n) Rape, section 18-6101, Idaho Code.

The general classes of felonies listed in this subsection shall include equivalent laws of federal or other state jurisdictions. For the purpose of this subsection, "child" means a minor or juvenile as defined by the applicable state or federal law.

(3) The professional standards commission may investigate and follow the procedures set forth in section 33-1209, Idaho Code, for any allegation of inappropriate conduct as defined in this section by a holder of a certificate whether or not the holder has surrendered his certificate without a hearing or failed to renew his certificate. In those cases where the holder of a certificate has surrendered or failed to renew his certificate and it was found that inappropriate conduct occurred, the commission shall record such findings in the permanent record of the individual and shall deny the issuance of a teaching certificate.

(4) Any person whose certificate may be or has been revoked, suspended or denied under the provisions of this section shall be afforded a hearing according to the provisions of section 33-1209, Idaho Code. Any person holding a certificate on or before July 1, 2020, who would not be eligible for a certificate by virtue of the provisions of this section shall be afforded a hearing according to the provisions of section 33-1209, Idaho Code, prior to revocation or denial of the individual's certificate. Upon a showing of just and reasonable cause, the hearing panel shall have authority to grant an exception to the provisions of this section for such person.

(5) The professional standards commission may deny the issuance of a certificate for any reason that would be a ground for revocation or suspension.

History:

[33-1208, added 1963, ch. 13, sec. 150, p. 27; am. 1969, ch. 258, sec. 9, p. 794; am. 1978, ch. 180, sec. 1, p. 411; am. 1984, ch. 150, sec. 1, p. 353; am. 1987, ch. 229, sec. 1, p. 486; am. 1992, ch. 223, sec. 1, p. 672; am. 1993, ch. 111, sec. 1, p. 281; am. 2004, ch. 222, sec. 1, p. 662; am. 2011, ch. 246, sec. 1, p. 662; am. 2012, ch. 269, sec. 7, p. 760; am. 2016, ch. 296, sec. 15, p. 844; am. 2020, ch. 175, sec. 4, p. 507; am. 2020, ch. 264, sec. 1, p. 763; am. 2024, ch. 147, sec. 50, p. 586.]
Idaho Code § 33-203 — Idaho Code / Title 33 / Chapter 2 / Section 33-203
33-203 DUAL ENROLLMENT.
Status: in_force

33-203. Dual enrollment. (1) The parent or guardian of a child of school age who is enrolled in a nonpublic school or a public charter school shall be allowed to enroll the student in any public school, including another public charter school, for dual enrollment purposes. The board of trustees of the school district or board of directors of the public charter school shall adopt procedures governing enrollment pursuant to this section. If enrollment in a specific program reaches the maximum for the program, priority for enrollment shall be given to a student who is enrolled full time in the public school. In the case of dual enrollment in a public charter school, the student who is dually enrolled shall not count toward the public charter school's maximum enrollment restrictions. The dually enrolled student's primary education provider shall be the provider in which the student is registered for the majority of the coursework. At no time may the dual enrollment provisions be used to circumvent a public charter school's lottery requirements.

(2) Any student participating in dual enrollment may enter into any program in the public school available to other students, subject to compliance with the eligibility requirements herein and the same responsibilities and standards of behavior and performance that apply to any student's participation in the activity, except that the academic eligibility requirements for participation in nonacademic activities are as provided for herein.

(3) All schools shall be allowed to include dually enrolled nonpublic school and public school students for the purposes of state funding only to the extent of the student's participation in the public school programs.

(4) Oversight of academic standards relating to participation in nonacademic public school activities shall be the responsibility of the primary education provider for that student. In order for any nonpublic school student or public school student to participate in nonacademic public school activities for which public school students must demonstrate academic proficiency or eligibility, the nonpublic school or public school student shall demonstrate composite grade-level academic proficiency on any state board of education recognized achievement test, portfolio, or other mechanism as provided for in state board of education rules. Additionally, a student shall be eligible if he achieves a minimum composite, core or survey test score within the average or higher-than-average range as established by the test service utilized on any nationally normed test. Demonstrated proficiency shall be used to determine eligibility for the current and next following school years. School districts and public charter schools shall provide to nonpublic students who wish to participate in dual enrollment activities the opportunity to take state tests or other standardized tests given to all regularly enrolled public school students.

(5) A public school student who has been unable to maintain academic eligibility is ineligible to participate in nonacademic public school activities as a nonpublic school or public charter school student for the duration of the school year in which the student becomes academically ineligible and for the following academic year.

(6) A nonpublic school or public school student participating in nonacademic public school activities must reside within the attendance boundaries of the school for which the student participates.

(7) Dual enrollment shall include the option of joint enrollment in a regular public school and an alternative public school program. The state board of education shall establish rules that provide funding to school districts for each student who participates in both a regular public school program and an alternative public school program.

(8) Dual enrollment shall include the option of enrollment in a postsecondary institution. Any credits earned from an accredited postsecondary institution shall be credited toward state board of education high school graduation requirements.

(9) A nonpublic student is any student who receives educational instruction outside a public school classroom and such instruction can include, but is not limited to, a private school or a home school.

History:

[33-203, added 1995, ch. 224, sec. 1, p. 775; am. 1999, ch. 387, sec. 1, p. 1082; am. 2002, ch. 106, sec. 1, p. 289; am. 2017, ch. 62, sec. 1, p. 151.]
Idaho Code § 33-5209C — Idaho Code / Title 33 / Chapter 52 / Section 33-5209C
33-5209C REVOCATION OF A CHARTER.
Status: in_force

33-5209C. REVOCATION OF A CHARTER. (1) A charter may be revoked by the authorizer if, after fair and specific notice from the authorizer, the public charter school:

(a) Commits a material and substantial violation of any of the terms, conditions, standards, or procedures required by this chapter or the performance certificate;

(b) Fails to meet generally accepted standards for fiscal management; or

(c) Substantially violates any material provision of law from which the public charter school was not exempted.

(2) Revocation may not occur until the charter holder has been afforded a public hearing, unless the authorizer determines that the continued operation of the public charter school presents an imminent public safety issue, in which case the charter may be revoked immediately. Public hearings shall be conducted by the authorizer or such other person or persons appointed by the authorizer to conduct public hearings and receive evidence as a contested case in accordance with the provisions of section 67-5242, Idaho Code. Notice and opportunity to reply shall include, at a minimum, written notice setting out the basis for consideration of revocation, a period of not less than thirty (30) days within which the charter holder can reply in writing, and a public hearing within thirty (30) days of the receipt of the written reply. If a charter holder does not reply by the date set in the notice, a public hearing shall be held no later than sixty (60) days after the date the notice was sent by the authorizing charter entity.

(3) If an authorizer revokes a charter, the authorizer in a resolution of its governing body shall clearly state the reasons for the revocation. The authorizer shall take into consideration whether the charter school has been enrolled in the Idaho building capacity program and any progress reported by the state department of education.

(4) Within fourteen (14) days of taking action to revoke a charter, the authorizer shall report to the state board of education the action taken and shall provide a copy of the report to the charter holder at the same time. The report shall include a copy of the authorizer's resolution setting forth the action taken, reasons for the decision, and assurances as to compliance with the requirements set forth in this chapter.

(5) A decision to revoke a charter may be appealed to the office of administrative hearings and is subject to judicial review as a contested case as set forth in chapter 52, title 67, Idaho Code.

History:

[33-5209C, added 2024, ch. 9, sec. 29, p. 78.]
Idaho Code § 33-104 — Idaho Code / Title 33 / Chapter 1 / Section 33-104
33-104 MEETINGS OF THE BOARD — HONORARIUM — EXPENSES — ORGANIZATION.
Status: in_force

33-104. Meetings of the board — Honorarium — Expenses — Organization. (1) The state board shall hold no less than four (4) regular meetings annually at such time and place as may be directed by the board. Special meetings may be called by the president at any time and place designated in such call.

(2) Each member shall be compensated as provided by section 59-509(h), Idaho Code.

(3) The president of the board shall be selected by the governor.

(4) At its first meeting after the first day of April, in each year, the state board shall organize and the president shall select a vice president and secretary.

History:

[33-104, added 1963, ch. 13, sec. 4, p. 27; am. 1971, ch. 50, sec. 1, p. 122; am. 1976, ch. 354, sec. 1, p. 1169; am. 1980, ch. 247, sec. 25, p. 600; am. 1981, ch. 21, sec. 1, p. 35; am. 2024, ch. 237, sec. 6, p. 827.]
Idaho Code § 33-2123 — Idaho Code / Title 33 / Chapter 21 / Section 33-2123
33-2123 OPERATION NOT FOR PROFIT.
Status: in_force

33-2123. Operation not for profit. It is hereby declared to be the policy of this state that each dormitory housing commission shall manage and operate or contract for the operation or management of its dormitory housing project in an efficient manner so as to enable it to fix the rentals to students at said junior college at the lowest possible rates consistent with providing decent, safe and sanitary accommodations, and no dormitory housing commission shall construct or operate any such project for profit or as a source of revenue to the junior college district; provided, however, that such commission shall fix the rentals for such dormitory at no higher rates than it shall find necessary in order to produce revenues (a) to pay, as the same become due, the principal and interest on the bonds of the commission, (b) to meet the cost of and to provide for maintaining and operating the projects (including the cost of any insurance) and the administrative expenses of the commission; and (c) to create (during not less than the six (6) years immediately succeeding its issuance of any bonds) a reserve sufficient to meet the largest principal and interest payments which will be due on such bonds in any one year thereafter, and to maintain such reserve.

History:

[33-2123, added 1957, ch. 87, sec. 8, p. 137.]
Idaho Code § 33-4402 — Idaho Code / Title 33 / Chapter 44 / Section 33-4402
33-4402 PUBLIC POLICY — ADMINISTRATIVE AGENCY.
Status: in_force

33-4402. Public policy — Administrative agency. The legislature hereby recognizes and declares that it is in the public interest to assure educational opportunity to Idaho postsecondary students. The Idaho work study program is an employment program designed to allow resident students with financial need to earn funds to assist in attending accredited institutions of higher education in Idaho or resident students with educational need to obtain work experience related to the student's course of academic study, pursuant to this chapter.

The state board of education is hereby designated as the administrative agency for the work study program. The board shall allocate funds appropriated to the program to eligible institutions based upon fall full-time equivalent enrollment in a manner established by board rule.

History:

[33-4402, added 1989, ch. 124, sec. 1, p. 273; am. 1990, ch. 95, sec. 1, p. 199.]
Idaho Code § 33-2125 — Idaho Code / Title 33 / Chapter 21 / Section 33-2125
33-2125 BONDS.
Status: in_force

33-2125. Bonds. A dormitory housing commission shall have power to issue bonds from time to time in its discretion, for any of its corporate purposes. A commission shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. In order to carry out the purposes of this act, a commission may issue, upon proper resolution, bonds on which the principal and interest are payable (a) exclusively from the income and revenue of a dormitory project financed with the proceeds of such bonds; or (b) exclusively from such income and revenues together with grants and contributions from the federal government or other source in aid of such project; provided that the proceeds of grants of funds and moneys received or to be received from the United States of America or any agency or instrumentality thereof, pursuant to agreements entered into between the commission and the United States of America or any agency or instrumentality thereof prior to the issuance of the bonds, may be considered as revenue of the project for which such bonds are issued.

Neither the commissioners nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. The bonds and other obligations of a commission (and such bonds and obligations shall so state on their face) shall not be a debt or liability, direct or indirect, of the junior college district, the state, or any political subdivision thereof, and neither the junior college district, the state or any political subdivision thereof, shall be liable thereon, nor in any event shall such bonds or obligations be payable out of any funds other than those of the commission or funds due the commission. Bonds of a commission are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income therefrom, shall be exempt from taxes.

History:

[33-2125, added 1957, ch. 87, sec. 10, p. 137; am. 1970, ch. 80, sec. 1, p. 196.]
Idaho Code § 33-3102 — Idaho Code / Title 33 / Chapter 31 / Section 33-3102
33-3102 BOARD OF TRUSTEES.
Status: in_force

33-3102. Board of trustees. The Lewis-Clark State College is hereby declared to be a body politic and corporate, with its own seal and having power to sue and be sued in its own name. The general supervision, government and control of the Lewis-Clark State College is vested in the state board of education, which shall act as the board of trustees of the Lewis-Clark State College.

History:

[(33-3102) 1893, p. 6, sec. 2; reen. 1899, p. 164, sec. 2; 1899, p. 369, sec. 1; R.C., sec. 501; 1913, ch. 77, secs. 1, 3, p. 328; C.L., sec. 501; C.S., sec. 1081; I.C.A., sec. 32-2502; am. 1947, ch. 99, sec. 3, p. 182; am. 1971, ch. 44, sec. 2, p. 92.]
Idaho Code § 33-2409 — Idaho Code / Title 33 / Chapter 24 / Section 33-2409
33-2409 CRIMINAL PENALTIES.
Status: in_force

33-2409. criminal penalties. (1) Any person who intentionally violates the provisions of this chapter is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six (6) months, or by a fine not exceeding five thousand dollars ($5,000), or both.

(2) Any person who intentionally fails to register according to the provisions of this chapter is guilty of a felony punishable by imprisonment in the county jail not exceeding twelve (12) months, or by a fine not exceeding ten thousand dollars ($10,000), or both.

History:

[33-2409, added 2006, ch. 240, sec. 13, p. 735; am. 2011, ch. 159, sec. 8, p. 452.]
Idaho Code § 33-3804 — Idaho Code / Title 33 / Chapter 38 / Section 33-3804
33-3804 POWERS AND DUTIES OF STATE INSTITUTIONS.
Status: in_force

33-3804. Powers and duties of state institutions. Every institution shall have power in its proper name as aforesaid:

(a) To have a corporate seal and alter the same at pleasure;

(b) To sue and be sued;

(c) To acquire by purchase, gift or the exercise of the right of eminent domain and hold and dispose of real or personal property or rights or interests therein and water rights;

(d) To make contracts and to execute all instruments necessary or convenient;

(e) To acquire any project or projects, and to own, operate, and maintain such project;

(f) To accept grants of money or materials or property of any kind from a federal agency, upon such terms and conditions as such federal agency may impose;

(g) To borrow money, with or without the issuance of bonds and to provide for the payment of the same and for the rights of the holders of such bonds and/or of any other instrument of such indebtedness, including the power to fix the maximum rate of interest to be paid thereon and to warrant and indemnify the validity and tax exempt character;

(h) To perform all acts and do all things necessary or convenient to carry out the powers herein granted, to obtain loans or grants or both from any federal agency, and to accomplish the purposes of sections 33-3801—33-3813, Idaho Code, and secure the benefits of the Recovery Act;

(i) To issue refunding bonds, for the purpose of paying, redeeming, or refunding any outstanding bonds theretofore issued under authority of this chapter. Refunding bonds so issued shall have such details, shall bear such rate or rates of interest and shall be otherwise issued and secured as provided by the board authorizing the issuance of such bonds and as otherwise provided in this chapter, provided, however, that such changes in the security and revenues pledged to the payment thereof may be made by such board as may be provided by it in the proceedings authorizing such bonds, but in no event shall such refunding bonds ever be secured by revenues not authorized by this chapter to be pledged to the payment of bonds issued for other than refunding purposes. Refunding bonds issued hereunder may be exchanged for a like principal amount of the bonds to be refunded, may be sold in the manner provided in this chapter for the sale of other bonds, or may be exchanged in part and sold in part. If sold, the proceeds of such bonds may be deposited in escrow for the payment of the bonds to be refunded, provided such bonds mature or are callable for redemption under their terms within six (6) months from the date of the delivery of the refunding bonds. No refunding bonds may be issued hereunder in a principal amount in excess of the principal amount of the bonds to be refunded nor may any bonds not maturing or callable for redemption under their terms as above provided be refunded hereunder without the consent of the holders thereof. Refunding bonds so authorized and issued may in the discretion of the board be combined with other bonds to be authorized and issued under this chapter, and a single issue of bonds may be so authorized in part for improvement and in part for refunding purposes.

(j) In connection with borrowing without the issuance of bonds, to fix fees, rents or other charges for utilization of any facility or project being financed by said borrowing and to pledge the same, together with any other revenue from such project or facility, as collateral for repayment of principal and interest in the same manner and to the same extent as provided in this chapter for securing the payment of bonds issued pursuant to this chapter.

History:

[33-3804, added 1935 (1st E.S.), ch. 55, sec. 4, p. 145; am. 1941, ch. 154, sec. 1, p. 308; am. 1965, ch. 37, sec. 1, p. 59; am. 1975, ch. 118, sec. 1, p. 246.]
Idaho Code § 33-1514 — Idaho Code / Title 33 / Chapter 15 / Section 33-1514
33-1514 FEE — REIMBURSEMENT FOR PUPIL TRANSPORTATION COSTS.
Status: in_force

33-1514. Fee — Reimbursement for pupil transportation costs. The state department of education shall assess an annual fee based on past reimbursement to school districts, to be paid by all school districts claiming reimbursement for pupil transportation costs, to defray the department's actual cost of providing financial reviews of school district pupil transportation records. Such fees shall be treated, and may be claimed as reimbursable pupil transportation costs, pursuant to the provisions of section 33-1006, Idaho Code.

History:

[(33-1514) 33-1513, added 2004, ch. 388, sec. 3, p. 1166; am. and redesig. 2005, ch. 25, sec. 49, p. 101.]
Idaho Code § 33-5204 — Idaho Code / Title 33 / Chapter 52 / Section 33-5204
33-5204 NONPROFIT CORPORATION — LIABILITY — INSURANCE.
Status: in_force

33-5204. NONPROFIT CORPORATION — LIABILITY — INSURANCE. (1) A public charter school shall be organized and managed pursuant to the Idaho nonprofit corporation act, chapter 30, title 30, Idaho Code. The board of directors of a public charter school shall be deemed public agents authorized to operate and control the public charter school.

(2) For the purposes of section 59-1302(15), Idaho Code, a public charter school created pursuant to this chapter is deemed a governmental entity. Pursuant to the provisions of section 63-3622O, Idaho Code, sales to or purchases by a public charter school are exempt from payment of the sales and use tax. Pursuant to section 63-602A(1), Idaho Code, property belonging to a public charter school is exempt from taxation. Every employee and member of the board of directors of the charter holder is subject to the provisions of and shall comply with:

(a) Sections 18-1351 through 18-1362, Idaho Code, on bribery and corrupt influence, except as provided by section 74-405, Idaho Code;

(b) Chapters 1, 2, 4, and 5, title 74, Idaho Code; and

(c) Professional codes and standards approved by the state board of education, including standards for ethics or conduct. In the event any code or standard pursuant to this paragraph conflicts with any other section of Idaho Code, then Idaho Code shall govern.

(3) A public charter school may sue or be sued, may purchase, receive, hold, and convey real and personal property for school purposes, and may borrow money for such purposes to the same extent and on the same conditions as a traditional public school district, and its employees, directors, and officers shall enjoy the same immunities as employees, directors, and officers of traditional public school districts and other public schools, including those provided by chapter 9, title 6, Idaho Code. The authorizer that approves a public school charter has no liability for the acts, omissions, debts, or other obligations of a public charter school, except as may be provided in the charter. A local public school district has no liability for the acts, omissions, debts, or other obligations of a public charter school located in its district that has been approved by an authorizer other than the board of trustees of the local school district.

(4) Nothing in this chapter prevents the charter holder from borrowing money to finance the purchase or lease of school building facilities, equipment, and furnishings. Subject to the terms of a contractual agreement between the board and a lender, nothing in this section shall prevent the charter holder from using the facility or its equipment and furnishings as collateral for the loan.

(5) Public charter schools shall secure insurance for liability and property loss.

(6) The receiving, soliciting, or acceptance of moneys of a public charter school for deposit in any bank or trust company or the lending of moneys by any bank or trust company to any public charter school shall not be deemed to be a contract or other transaction pertaining to the maintenance or conduct of a public charter school and authorizer within the meaning of this section; nor shall the payment of compensation by any public charter school board of directors to any bank or trust company for services rendered in the transaction of any banking business with such public charter school board of directors be deemed the payment of any reward or compensation to any officer or director of any such bank or trust company within the meaning of this section.

(7) Each charter holder shall adopt a policy that is consistent with section 33-507, Idaho Code, regarding the hiring of family members, to avoid any nepotism in hiring and supervision. The policy shall require, among other things, a disclosure to the board of any potential nepotism in hiring and supervision. Any party with such a conflict shall not be involved in the hiring decision or supervision of a potential employee.

History:

[33-5204, added 2024, ch. 9, sec. 10, p. 65.]
Idaho Code § 33-358 — Idaho Code / Title 33 / Chapter 3 / Section 33-358
33-358 KINDERGARTEN JUMP-START PROGRAM — PARENT TRAINING.
Status: in_force

33-358. kindergarten jump-start program — parent training. (1) A school district that offers a kindergarten screener in the spring for children who will enter kindergarten in the fall may use existing funds to establish up to a four (4) week kindergarten jump-start program for children whose score on the screener indicates that they are not ready for kindergarten.

(2) A school district offering a kindergarten jump-start program pursuant to this section must also offer a training program for parents on actions and activities that parents can do that are associated with student success. For a child to be eligible for the kindergarten jump-start program, the child's parent must attend the training described in this subsection.

History:

[33-358, added 2021, ch. 326, sec. 1, p. 1000.]
Idaho Code § 33-6503 — Idaho Code / Title 33 / Chapter 65 / Section 33-6503
33-6503 CRITICAL QUALITY EDUCATOR SHORTAGES.
Status: in_force

33-6503. CRITICAL QUALITY EDUCATOR SHORTAGES. (1) The state board of education shall identify specific schools that are impacted by critical quality educator shortages using the following criteria:

(a) Rural isolation of the school pursuant to section 33-319, Idaho Code; or

(b) Economic disadvantage of the school based on eligibility for funds pursuant to title I, part A of the federal elementary and secondary education act, as amended.

(2) Rural and underserved educators who are employed at schools identified in subsection (1) of this section are eligible for repayment of all or part of any such educator's outstanding educational loans existing at the time of application in accordance with the eligibility and award criteria established in this chapter up to the amount specified in section 33-6504, Idaho Code, or eligible education expenses established by the state board of education and in rules promulgated by the state board of education.

History:

[33-6503, added 2022, ch. 227, sec. 1, p. 746.]
Idaho Code § 33-1510 — Idaho Code / Title 33 / Chapter 15 / Section 33-1510
33-1510 CONTRACTS FOR TRANSPORTATION SERVICE.
Status: in_force

33-1510. Contracts for transportation service. (1) All contracts entered into by boards of trustees for the transportation of pupils shall be in writing using the current pupil transportation model contract developed by the state department of education. School districts may attach to the model contract addenda to meet local requirements. School districts shall submit to the state superintendent of public instruction a copy of the pupil transportation contract prior to both parties signing it, for a review of legal requirements and appropriate costs and for final approval. The state superintendent of public instruction shall respond to the school district within twenty-one (21) calendar days of the postmarked receipt of the contract by notifying the school district of contract approval or of recommended or required changes. A school district may appeal to the state board of education any changes the state superintendent requires, in which case the state board may, upon review, approve the contract without such changes.

(2) No contract shall be executed covering a period of time exceeding five (5) years. School districts shall advertise, bid and contract for all bus transportation service routes at a single time, and contract with the lowest responsible bidder or bidders meeting the specifications; provided that, one (1) time only, a school district may renew a contract with the current contractor if the board of trustees, after renegotiation with the contractor, determines that the terms are satisfactory to the district. The board of trustees may renew the contract for a term not to exceed five (5) years. Renewal of any contract pursuant to this section shall not be granted unless the provisions of this section were included, in a substantially conforming summary, within the bidding notice, published pursuant to section 33-601, Idaho Code, of the contract.

(3) Before entering into such contracts, the board of trustees shall invite bids by twice giving notice as provided in section 33-402(2), Idaho Code, and shall award the contract to the lowest responsible bidder.

(4) Notwithstanding the provisions of subsection (2) of this section and any provision of law or rule to the contrary, contracts that receive federal funding pursuant to the federal clean school bus program, 42 U.S.C. 16091, may exceed five (5) years but may not exceed ten (10) years.

History:

[33-1510, added 1963, ch. 13, sec. 88, p. 27; am. 1987, ch. 9, sec. 1, p. 14; am. 1989, ch. 3, sec. 1, p. 4; am. 1997, ch. 40, sec. 2, p. 76; am. 1997, ch. 176, sec. 1, p. 495; am. 2004, ch. 136, sec. 1, p. 462; am. 2004, ch. 254, sec. 1, p. 725; am. 2009, ch. 171, sec. 6, p. 549; am. 2009, ch. 341, sec. 49, p. 1025; am. 2011, ch. 151, sec. 18, p. 428; am. 2022, ch. 87, sec. 1, p. 251.]
Idaho Code § 33-5503 — Idaho Code / Title 33 / Chapter 55 / Section 33-5503
33-5503 ACADEMY BOARD OF DIRECTORS.
Status: in_force

33-5503. Academy board of directors. (1) There is hereby created an academy board of directors which shall be responsible for the development and oversight of the Idaho digital learning academy.

(2) The academy board of directors shall be comprised of eight (8) voting members and one (1) nonvoting member as follows:

(a) Three (3) members shall be superintendents, each elected to a three (3) year term and each representing two (2) educational classification regions as established by the state board of education. One (1) superintendent shall be elected from among the superintendents in regions one and two on a rotating term basis between the two (2) regions; one (1) superintendent shall be elected from among the superintendents in regions three and four on a rotating term basis between the two (2) regions; and one (1) superintendent shall be elected from among the superintendents in regions five and six on a rotating term basis between the two (2) regions;

(b) Two (2) members shall be principals, each elected to a three (3) year term by the governing body of the Idaho association of school administrators;

(c) Two (2) members shall be citizens at-large who are not professional educators, appointed by the members of the academy board, each to a term of three (3) years;

(d) The state superintendent of public instruction shall be a voting member and shall serve concurrently with the term of office to which the state superintendent is elected; and

(e) One (1) member shall be an ex officio, nonvoting member appointed by the academy board of directors to serve as secretary to the academy board.

(3) For purposes of establishing staggered terms of office, the initial term of office for the superintendent position representing educational classification regions one and two shall be one (1) year, and thereafter shall be three (3) years. The initial term of office for the superintendent position representing educational classification regions three and four shall be two (2) years, and thereafter shall be three (3) years. The superintendent position representing educational classification regions five and six shall be three (3) years. The initial term of office for one (1) principal position shall be one (1) year and thereafter shall be three (3) years, and the initial term of office for the other principal position shall be two (2) years and thereafter shall be three (3) years. The initial term of office for one (1) member at-large shall be one (1) year and thereafter shall be three (3) years, and the term of office for the other member at-large shall be three (3) years.

(4) No voting member shall serve for more than two (2) consecutive full terms. Members of the board who are appointed to fill vacancies which occur prior to the expiration of a former member's full term shall serve the unexpired portion of such term.

(5) The board shall meet in person at least three (3) times annually; none of these three (3) meetings shall be conducted by telephone or video conferencing.

History:

[33-5503, added 2002, ch. 105, sec. 1, p. 285; am. 2008, ch. 119, sec. 2, p. 333; am. 2009, ch. 55, sec. 2, p. 157.]
Idaho Code § 33-2505B — Idaho Code / Title 33 / Chapter 25 / Section 33-2505B
33-2505B SUBMISSION BY STATE AGENCIES.
Status: in_force

33-2505B. Submission by state agencies. (1) The head of every state agency or their designee shall promptly submit to the commission for libraries copies of published information that are state publications.

(a) For state publications available only in print format, each state agency shall submit two (2) copies of each printed publication to the commission for libraries.

(b) For state publications available only in electronic format, each state agency shall submit one (1) digital copy of each electronic publication to the commission for libraries.

(c) For state publications available in both print and electronic format, each state agency shall submit two (2) print copies and one (1) digital copy of the publication to the commission for libraries.

(d) Of the two (2) print copies of state publications, one (1) copy shall be sent to the Idaho state historical society and one (1) copy shall be sent to the university of Idaho library for archival purposes.

(2) The commission for libraries shall promulgate such rules as are necessary and appropriate to accomplish the purpose of a digital repository for state publications.

History:

[33-2505B, added 2008, ch. 81, sec. 2, p. 210.]
Idaho Code § 33-3116 — Idaho Code / Title 33 / Chapter 31 / Section 33-3116
33-3116 CONSTRUCTION OF REFERENCES TO LEWISTON STATE NORMAL SCHOOL.
Status: in_force

33-3116. Construction of references to Lewiston State Normal School. Wherever the name Lewiston Normal School, or Northern Idaho College of Education, or Lewis-Clark Normal School, shall appear in any statute, such statute is hereby amended to read Lewis-Clark State College as fully and completely as though the said name on said statute was specifically amended therein, and all such statutes shall be construed to refer to and mean Lewis-Clark State College.

History:

[33-3116, added 1947, ch. 99, sec. 17, p. 182; am. 1971, ch. 44, sec. 9, p. 92.]
Idaho Code § 33-508 — Idaho Code / Title 33 / Chapter 5 / Section 33-508
33-508 DUTIES OF CLERK.
Status: in_force

33-508. Duties of clerk. The clerk of the board of trustees shall have such duties as shall be prescribed by the board. He shall attend all meetings of the board of trustees, shall keep the record of the proceedings, and shall enter in said record all matters required by law, or by the board, so to be entered; and said record shall be open to inspection by any person, at all reasonable times.

When the clerk does not attend a meeting of the board of trustees, the board shall appoint some person who, as temporary clerk, shall keep the record of the proceedings of the board and certify the same to the clerk, to be entered by him.

Whenever in the judgment of the board of trustees it is deemed prudent so to do, the clerk may be placed under a fidelity bond, in the manner of section 33-509, in such amount as the board of trustees shall determine.

History:

[33-508, added 1963, ch. 13, sec. 58, p. 27.]
Idaho Code § 33-3806 — Idaho Code / Title 33 / Chapter 38 / Section 33-3806
33-3806 PROVISIONS FOR PAYMENT OF BONDS.
Status: in_force

33-3806. Provisions for payment of bonds. Any institution in connection with the issuance of the bonds or in order to secure the payment of such bonds and interest thereon, shall have power by resolution of its board:

(a) To fix and maintain (1) fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to be served by any project, (2) matriculation, hospital, laboratory, athletic, admission and other fees from students, faculty members and others matriculated, attending or employed at such institutions, and from the public in general, for the facilities afforded by such institution (which shall be uniform to all those similarly situated), (3) fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, existing buildings, stadia, and other structures at any institution which issues bonds hereunder to acquire a project, which fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by such buildings, stadia and other structures shall be the same as those applicable to any project similar in nature and purpose to such existing buildings, stadia, and other structures; provided, however, that as between such project and the existing buildings at the institution there may be allowed reasonable differentials based on the condition, type, location and relative convenience of such project and such existing buildings, but such differentials shall be uniform as to all such students or faculty members and others similarly accommodated;

(b) To provide that bonds issued hereunder shall be secured by a first, exclusive and closed lien on the income and revenue derived from, and shall be payable from, (1) fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, any project, and any existing buildings, stadia, and other structures, and (2) matriculation, hospital, laboratory, athletic, admission and other fees from students, faculty members and others matriculated, attending or employed at such institution, and from the public in general, for the facilities afforded by such institution, and (3) the proceeds of grants of funds and moneys received or to be received from the United States of America, or any agency or instrumentality thereof, pursuant to agreements entered into between the board and the United States of America, or any agency or instrumentality thereof, prior to the issuance of the bonds.

(c) To pledge and assign to, or in trust for the benefit of, the holder or holders of the bonds issued hereunder an amount of the income and revenue derived from (1) fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, any project, and any existing buildings, stadia, and other structures, and (2) matriculation, hospital, laboratory, athletic, admission and other fees from students, faculty members and others matriculated, attending or employed at such institution, and from the public in general, for the facilities afforded by such institution, and (3) the proceeds of grants of funds and moneys received or to be received from the United States of America, or any agency or instrumentality thereof, pursuant to agreements entered into between the board and the United States of America, or any agency or instrumentality thereof, prior to the issuance of the bonds, which shall be sufficient to pay when due the bonds issued hereunder to acquire such project, and interest thereon, and to create and maintain reasonable reserves therefor;

(d) To covenant with or for the benefit of the holder or holders of bonds issued hereunder to acquire any project that so long as any such bonds shall remain outstanding and unpaid, such institution will fix, maintain and collect in such installments as may be agreed upon (1) an amount of the fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, any project, and any existing buildings, stadia, and other structures which, together with (2) an amount of the matriculation, hospital, laboratory, athletic, admission and other fees from students, faculty members and others matriculated, attending or employed at such institution, and from the public in general, for the facilities afforded by such institution, and (3) the proceeds of grants of funds and moneys received or to be received from the United States of America, or any agency or instrumentality thereof, pursuant to agreements entered into between the board and the United States of America, or any agency or instrumentality thereof, prior to the issuance of the bonds, shall be sufficient to pay when due the bonds issued hereunder to acquire such project, and interest thereon, and to create and maintain reasonable reserves therefor, and to pay the costs of operation and maintenance of such project, including, but not limited to, reserves for extraordinary repairs, insurance and maintenance, which costs of operation and maintenance shall be determined by the board in its absolute discretion;

(e) To make and enforce and agree to make and enforce parietal rules that shall insure the use of any project by all students in attendance at such institution to the maximum extent to which such project is capable of serving such students, or if such project is designed for occupancy as living quarters for the faculty members, by as many faculty members as may be served thereby;

(f) To covenant that so long as any of the bonds issued hereunder shall remain outstanding and unpaid, it will not, except upon such terms and conditions as may be determined (1) voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge having priority to or being on a parity with the lien of the bonds issued hereunder upon any of the income and revenues derived from fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to be served by, any project and any existing buildings, stadia, and other structures, and from matriculation, hospital, laboratory, athletic, admission and other fees from students, faculty members and others matriculated, attending or employed at such institution, and from the public in general, for the facilities afforded by such institution, or (2) convey or otherwise alienate the project to acquire which such bonds shall have been issued, or the real estate upon which such project shall be located, except at a price sufficient to pay all the bonds then outstanding issued hereunder to acquire such project and interest accrued thereon, and then only in accordance with any agreements with the holder or holders of such bonds, or (3) mortgage or otherwise voluntarily create or cause to be created any encumbrance on the project to acquire which such bonds shall have been issued or the real estate upon which it shall be located.

(g) To covenant as to the procedure by which the terms of any contract with a holder or holders of such bonds may be amended or rescinded, the amount or percentage of bonds the holder or holders of which must consent thereto, and the manner in which such consent may be given.

(h) To vest in a trustee or trustees the right to receive all or any part of the income and revenue pledged and assigned to, or for the benefit of, the holder or holders of bonds issued hereunder, and to hold, apply and dispose of the same and the right to enforce any covenant made to secure or pay or in relation to the bonds; to execute and deliver a trust agreement or trust agreements which may set forth the powers and duties and the remedies available to such trustee or trustees and limiting the liabilities thereof and describing what occurrences shall constitute events of default and prescribing the terms and conditions upon which such trustee or trustees or the holder or holders of bonds of any specified amount or percentage of such bonds may exercise such rights and enforce any and all such covenants and resort to such remedies as may be appropriate.

(i) To vest in a trustee or trustees or the holder or holders of any specified amount or percentage of bonds the right to apply to any court of competent jurisdiction for and have granted the appointment of a receiver or receivers of the income and revenue pledged and assigned to or for the benefit of the holder or holders of such bonds, which receiver or receivers may have and be granted such powers and duties as such court may order or decree which powers and duties may include any and all such powers and duties as are usually granted under the laws of the state of Idaho to a receiver or receivers appointed in connection with the foreclosure of a mortgage made by a private corporation.

(j) To make covenants with any federal agency to perform any and all acts and to do any and all such things as may be necessary or convenient or desirable in order to secure its bonds, or as may in the judgment of the board tend to make the bonds more marketable, notwithstanding that such acts or things may not be enumerated herein, it being the intention hereof to give any institution issuing bonds pursuant to sections 33-3801—33-3813, Idaho Code, power to make all covenants, to perform all acts and to do all things, not inconsistent with the constitution of the state of Idaho, in the issuance of the bonds and for their security, including any and all powers granted to a private corporation under the laws of the state of Idaho.

History:

[33-3806, added 1935 (1st E.S.), ch. 55, sec. 6, p. 145; am. 1970, ch. 28, sec. 2, p. 54.]
Idaho Code § 33-2010 — Idaho Code / Title 33 / Chapter 20 / Section 33-2010
33-2010 EDUCATION OF DISABLED ADULT STUDENTS HOUSED IN ADULT CORRECTIONAL FACILITIES.
Status: in_force

33-2010. Education of disabled adult students housed in adult correctional facilities. Any individual eighteen (18) years of age through the semester of school in which the person attains the age of twenty-one (21) years, who is incarcerated in an adult correctional facility shall not be entitled to special education and related services unless such person was identified as a child with a disability or had an individualized education program under part B of the federal individuals with disabilities education act (IDEA) in his last educational placement prior to incarceration.

History:

[33-2010, added 1998, ch. 23, sec. 2, p. 139; am. 2002, ch. 70, sec. 1, p. 156.]
Idaho Code § 33-6403 — Idaho Code / Title 33 / Chapter 64 / Section 33-6403
33-6403 POLICIES AND PROCEDURES — AGREEMENT TO REQUIREMENTS.
Status: in_force

33-6403. policies and procedures — agreement to requirements. Policies and procedures established by a school district or a public charter school shall be such that students have an opportunity to request credit for extended learning opportunities and meet district- or school-established timelines and requirements. To earn credit for an extended learning opportunity under this chapter, the student must agree to the requirements set forth by the school district or public charter school.

History:

[33-6403, added 2021, ch. 138, sec. 1, p. 385.]
Idaho Code § 33-1211 — Idaho Code / Title 33 / Chapter 12 / Section 33-1211
33-1211 PRIVILEGED COMMUNICATION OR PUBLICATION.
Status: in_force

33-1211. Privileged communication or publication. Any publication or communication made by any member of the state board of education, or by any person delegated by the said state board to hold or conduct any hearing, or by any certification officer of the state board of education, in the proper discharge of any official duty imposed under section 33-1208 or 33-1209, Idaho Code, shall be subject to disclosure according to chapter 1, title 74, Idaho Code.

History:

[33-1211, added 1963, ch. 13, sec. 153, p. 27; am. 1990, ch. 213, sec. 29, p. 506; am. 2011, ch. 246, sec. 4, p. 668; am. 2015, ch. 141, sec. 64, p. 426.]
Idaho Code § 33-2505C — Idaho Code / Title 33 / Chapter 25 / Section 33-2505C
33-2505C EXEMPTIONS.
Status: in_force

33-2505C. Exemptions. In the interest of economy and efficiency, the board of library commissioners may exempt a given state publication or class of publications from the requirements of sections 33-2505, 33-2505A and 33-2505B, Idaho Code, in full or in part, and shall promulgate rules in compliance with chapter 52, title 67, Idaho Code, and make policies to implement this section.

History:

[33-2505C, added 2008, ch. 81, sec. 2, p. 211.]
Idaho Code § 33-143 — Idaho Code / Title 33 / Chapter 1 / Section 33-143
33-143 DISPLAY OF FLAGS AND BANNERS ON PUBLIC SCHOOL PROPERTY.
Status: in_force

33-143. DISPLAY OF FLAGS AND BANNERS ON PUBLIC SCHOOL PROPERTY. (1) The purpose of this section is to ensure that flags and banners displayed on public school property do not promote political, religious, or ideological viewpoints in order to maintain a neutral and inclusive environment for all students.

(2) No flags or banners that represent political, religious, or ideological views, including but not limited to political parties, race, gender, sexual orientation, or political ideologies, may be displayed on public school property such as classrooms, hallways, entryways, or sports fields.

(3) The provisions of subsection (2) of this section shall not apply to:

(a) Official flags or banners representing the United States;

(b) Official flags of any state in the United States;

(c) Official flags of the United States military;

(d) Official flags of Idaho Indian tribes;

(e) Official flags of recognized foreign nations with which the United States is not engaged in hostile action;

(f) Achievement flags or banners recognized by the Idaho state department of education;

(g) Flags or banners representing official school mascots and colors;

(h) Electronic displays within the school;

(i) Personal items such as pins or shirts worn by students; and

(j) Displays in the school parking lot.

(4) The Idaho state department of education shall oversee the enforcement of this section. Schools found in violation of this section shall be required to remove unauthorized flags or banners.

(5) As used in this section:

(a) "Banner" means a long, rectangular, or square piece of fabric, paper, or other material, often displayed in a vertical or horizontal manner, used to convey a message, symbol, emblem, or representation of an institution or a political, religious, or ideological expression, or used to announce or celebrate an event or achievement.

(b) "Display" means to keep a flag or banner visible on school property beyond a brief curriculum-based educational purpose.

(c) "Flag" means a piece of fabric or similar material, typically rectangular or square, attached to a pole or staff and used as a symbol, emblem, or representation of a country, state, tribe, institution, or any political, religious, or ideological expression.

History:

[33-143, added 2025, ch. 99, sec. 1, p. 541.]
Idaho Code § 33-2714 — Idaho Code / Title 33 / Chapter 27 / Section 33-2714
33-2714 LIBRARY DISTRICTS — PUBLIC CORPORATIONS.
Status: in_force

33-2714. Library districts — Public corporations. Each library district shall be a public corporation, may sue and be sued in its corporate name and may contract and be contracted with.

History:

[(33-2714) 1963, ch. 188, sec. 17, p. 568; am. and redesignated 1989, ch. 132, sec. 9, p. 292.]
Idaho Code § 33-1009 — Idaho Code / Title 33 / Chapter 10 / Section 33-1009
33-1009 PAYMENTS FROM THE PUBLIC SCHOOL INCOME FUND.
Status: in_force

33-1009. Payments from the public school income fund.

1. a. Payments of the state general account appropriation for public school support shall be made each year by the state department of education to the public school districts of the state in four (4) payments. Payments to the districts shall be made not later than the fifteenth day of August, the fifteenth day of November, the fifteenth day of February, and the fifteenth day of May each year. The first payment by the state department of education shall be approximately fifty percent (50%) of the total general account appropriation for the fiscal year, while the second and third payments shall be approximately twenty percent (20%) each, and the fourth payment approximately ten percent (10%) respectively, except as provided for in section 33-5207, Idaho Code. Amounts apportioned due to a special transfer to the public school income fund to restore or reduce a deficiency in the prior year's transfer pursuant to subsection 4. of this section shall not be subject to this limitation.

b. Payments of moneys, other than the state general account appropriation, that accrue to the public school income fund shall be made by the state department of education to the school districts of the state on the fifteenth day of November, February, May and July each year. The total amount of such payments shall be determined by the state department of education and shall not exceed the amount of moneys available and on deposit in the public school income fund at the time such payment is made.

c. Amounts apportioned due to a special transfer to the public school income fund to restore or reduce a deficiency in the prior year's transfer pursuant to subsection 4. of this section shall not be subject to the limitation imposed by paragraphs a. and b. of this subsection.

2. Payments made to the school districts in August and November are advance payments for the current year and may be based upon payments from the public school income fund for the preceding school year. Each school district may receive its proportionate share of the advance payments in the same ratio that its total payment for the preceding year was to the total payments to all school districts for the preceding year.

3. No later than the fifteenth day of February in each year, the state department of education shall compute the state distribution factor based on the total average daily attendance through the first Friday in November. The factor will be used in payments of state funds in February and May. Attendance shall be reported in a format and at a time specified by the state department of education.

As of the thirtieth day of June of each year the state department of education shall determine final payments to be made on July fifteenth next succeeding to the several school districts from the public school income fund for the school year ended June 30. The July payments shall take into consideration:

a. The average daily attendance of the several school districts for the twenty-eight (28) best weeks of the school year completed not later than the thirtieth of June;

b. All funds available in the public school income fund for the fiscal year ending on the thirtieth of June;

c. All payments distributed for the current fiscal year to the several school districts;

d. The adjustment based on the actual amount of discretionary funds per support unit required by the provisions of section 33-1018, Idaho Code;

e. Payments made or due for the transportation support program and the exceptional education support program. The state department of education shall apportion and direct the payment to the several school districts the moneys in the public school income fund in each year, taking into account the advance made under subsection 2. of this section, in such amounts as will provide in full for each district its support program, and not more than therefor required, and no school district shall receive less than fifty dollars ($50.00).

4. If the full amount appropriated to the public school income fund from the general account by the legislature is not transferred to the public school income fund by the end of the fiscal year, the deficiency resulting therefrom shall either be restored or reduced through a special transfer from the general account in the first sixty (60) days of the following fiscal year, or shall be calculated in computing district levies, and any additional levy shall be certified by the state superintendent of public instruction to the board of county commissioners and added to the district's maintenance and operation levy. If the deficiency is restored or reduced by special transfer, the amount so transferred shall be in addition to the amount appropriated to be transferred in such following fiscal year and shall be apportioned to each school district in the same amount as each would have received had the transfer been made in the year the deficiency occurred. The state department of education shall distribute to the school district the full amount of the special transfer as soon as practical after such transfer is made. In making the levy computations required by this subsection the state department of education shall take into account and consider the full amount of money receipted into the public school income fund from all sources for the given fiscal year. Deficits in the transfer of the appropriated amount of general account revenue to the public school income fund shall be reduced by the amount, if any, that the total amount receipted from other sources into the public school income fund exceeds the official estimated amount from those sources. The official estimate of receipts from other sources shall be the total amount stated by the legislature in the appropriation bill. The provisions of this subsection shall not apply to any transfers to or from the public education stabilization fund.

5. Any apportionments in any year, made to any school district, which may within the succeeding three (3) year period be found to have been in error either of computation or transmittal, may be corrected during the three (3) year period by reduction of apportionments to any school district to which over-apportionments may have been made or received, and corresponding additions to apportionments to any school district to which under-apportionments may have been made or received.

History:

[33-1009, added 1963, ch. 13, sec. 133, p. 27; am. 1963, ch. 322, sec. 9, p. 919; am. 1967, ch. 243, sec. 1, p. 707; am. 1969, ch. 144, sec. 1, p. 466; am. 1972, ch. 352, sec. 5, p. 1040; am. 1979, ch. 254, sec. 9, p. 671; am. 1980, ch. 179, sec. 10, p. 392; am. 1981, ch. 185, sec. 1, p. 329; am. 1983, ch. 4, sec. 10, p. 10; am. 1983, ch. 147, sec. 1, p. 399; am. 1984, ch. 180, sec. 2, p. 427; am. 1985, ch. 107, sec. 8, p. 203; am. 1996, ch. 322, sec. 26, p. 1057; am. 1997, ch. 90, sec. 1, p. 215; am. 2003, ch. 372, sec. 12, p. 995; am. 2007, ch. 350, sec. 6, p. 1029; am. 2012, ch. 340, sec. 3, p. 951; am. 2013, ch. 343, sec. 1, p. 908; am. 2014, ch. 273, sec. 1, p. 681; am. 2024, ch. 9, sec. 42, p. 85.]
Idaho Code § 33-2718 — Idaho Code / Title 33 / Chapter 27 / Section 33-2718
33-2718 CREATION OF TRUSTEE ZONES.
Status: in_force

33-2718. Creation of trustee zones. (1) Each library district may be divided into five (5) trustee zones with each zone having approximately the same population. To the maximum extent possible, boundaries of trustee zones shall follow the existing boundaries of the electoral precincts of the county. They shall be revised, as necessary, to equalize population and to follow new electoral precinct boundaries following the publication of the report of each decennial census. In order for a library district to be divided into trustee zones, the board of trustees shall pass a motion declaring the district to be divided into trustee zones and providing a legal description of each trustee zone. The board of trustees shall transmit the motion along with the legal description of the trustee zones to the board or boards of county commissioners in the county or counties where the library district is contained and to the board of library commissioners. The board or boards of county commissioners shall have forty-five (45) days from the receipt of the motion and legal description to reject, by adoption of a motion, the establishment of trustee zones proposed by formal motion of the board of trustees of the library district. If the board or boards of county commissioners do not reject the establishment of the trustee zones within the time limit specified, they shall be deemed to be in full force and effect. If a library district is contained in more than one (1) county, a motion of rejection adopted by one (1) board of county commissioners shall be sufficient to keep the trustee zone plan from going into effect. A board of county commissioners shall notify the library board of trustees in writing if a proposal is rejected.

(2) If a proposal for the establishment of trustee zones is rejected by a board of county commissioners, the boundaries of the trustee zones, if any, shall return to the dimensions they were before the rejection. Trustee zones may be redefined and changed, but not more than once every two (2) years after a new set of trustee zones are formally established and in full force and effect.

(3) At the next regular meeting of the board of trustees of the library district following the creation of trustee zones, the public library district board shall appoint from its membership or from other qualified electors resident in each trustee zone, a person from that zone to serve as a trustee until the next regularly scheduled trustee election from that zone, which election shall be held in an odd-numbered year. The initial and subsequent regular election of two (2) trustees for the trustee zones shall be for terms of four (4) years. The initial election of three (3) trustees shall be for a term of two (2) years and thereafter the regular terms of office shall be for four (4) years. Each zone shall be assigned an initial term length by a random drawing of the numbers one (1) through five (5).

History:

[(33-2718) 33-2710B, added 1983, ch. 107, sec. 2, p. 227; am. and redesignated 1989, ch. 132, sec. 13, p. 294; am. 1996, ch. 71, sec. 21, p. 230; am. 2002, ch. 312, sec. 4, p. 888; am. 2006, ch. 235, sec. 27, p. 715; am. 2009, ch. 341, sec. 54, p. 1029; am. 2010, ch. 185, sec. 5, p. 384; am. 2024, ch. 199, sec. 2, p. 707.]
Idaho Code § 33-2703 — Idaho Code / Title 33 / Chapter 27 / Section 33-2703
33-2703 LIBRARY DISTRICTS — TERRITORY — ESTABLISHMENT — LIMITATIONS.
Status: in_force

33-2703. Library districts — Territory — Establishment — Limitations. A library district may be established by vote of the qualified electors of the proposed district in an election called and held as provided by this chapter, with the following limitations:

(1) The district may include incorporated or unincorporated territory or both in one (1) or more counties and may include any of the area thereof except as may be excluded by this section, and as finally fixed and determined by the board of county commissioners.

(2) The territory of the district shall be continuous, and no territory of an incorporated municipality shall be divided.

(3) In the initial establishment of a library district the following may be excluded:

(a) A municipality which is already providing library service as established according to section 33-2603, Idaho Code; or

(b) A library district which is already providing library service as established in accordance with the provisions of this chapter.

(4) If, subsequent to the establishment of a library district, any area thereof is annexed to a municipality which maintains a tax-supported library, this area shall cease to be a part of the library district and the city council of the municipality shall so notify the board of county commissioners.

(5) Any proposed library district shall have a population of more than one thousand five hundred (1,500) and an annual budget of not less than twenty-five thousand dollars ($25,000) from ad valorem revenues. Any proposed library district not meeting the above criteria may apply to the board of library commissioners for an exemption.

History:

[33-2703, added 1963, ch. 188, sec. 3, p. 568; am. 1967, ch. 93, sec. 1, p. 198; am. 1990, ch. 378, sec. 1, p. 1046; am. 1995, ch. 119, sec. 2, p. 514; am. 1996, ch. 71, sec. 4, p. 218; am. 2006, ch. 235, sec. 18, p. 709.]
Idaho Code § 33-1619 — Idaho Code / Title 33 / Chapter 16 / Section 33-1619
33-1619 VIRTUAL EDUCATION PROGRAMS.
Status: in_force

33-1619. virtual education programs. (1) School districts may offer instruction via the internet in a distributed environment. For programs meeting such definition, the school district may count and report the average daily attendance of the program's students in the manner prescribed in section 33-5207, Idaho Code. School districts may also offer instruction that is a blend of virtual and traditional instruction. For such blended programs, the school district may count and report the average daily attendance of the program's students in the manner prescribed in section 33-5207, Idaho Code. Alternatively, the school district may count and report the average daily attendance of the blended program's students in the same manner as provided for traditional programs of instruction, for the days or portions of days in which such students attend a physical public school. For the balance of days or portions of days, average daily attendance may be counted in the manner prescribed in section 33-5207, Idaho Code.

(2) School districts offering virtual education programs pursuant to this section shall:

(a) Make available to the state board of education the information required under section 33-5205(3), Idaho Code;

(b) Require that all contracts and any subsequent amendments thereto between a school district and an educational services provider as defined in section 33-5202A, Idaho Code, relating to the provision of virtual learning to students be approved by the school district board of trustees prior to execution;

(c) Maintain records that verify proof of Idaho residency for all students enrolled in a virtual education program; and

(d) Ensure that all curricular materials, as defined in section 33-118A, Idaho Code, including alternative or supplemental curriculum, meet content standards as set forth in rule promulgated by the state board of education and establish a system to document such curriculum.

(3) Any educational services provider contracting with and receiving public funds from a school district for a virtual education program shall provide a written disclosure of services and costs in its contract that shall:

(a) Identify the specific services provided to the school district;

(b) Identify the cost of each service or category of service and the method used to calculate such cost; and

(c) Demonstrate a clear relationship between the public funds received and the services provided.

(4) Any virtual education program and educational services provider with which a school district contracts shall establish policies regarding conflicts of interest for individuals who are employed by both the school district and the educational services provider with which the district contracts. Such policies shall include mechanisms for accountability and oversight.

(5) No school district, virtual education program, or educational services provider with which they contract shall furnish any payment of state funds directly to parents or legal guardians of enrolled students. Any state funds determined by the school district to be used as supplemental learning funds shall be used only for eligible education expenses as provided in section 33-5206(8)(m), Idaho Code. "Supplemental learning funds" has the same meaning as in section 33-5206(8)(m), Idaho Code. Eligible education expenses shall be available for all courses, including elective courses. Such funds shall be expended through direct order by the school district only, except as otherwise provided in section 33-5206(8)(m), Idaho Code.

(6) Every person who is employed in the capacity of teacher in a virtual education program provided for in this section shall hold a certificate as required under section 33-1201, Idaho Code. A school district shall retain the authority to hire, oversee, and evaluate all teachers delivering instruction in a virtual education program.

History:

[33-1619, added 2009, ch. 340, sec. 2, p. 984; am. 2012, ch. 188, sec. 10, p. 508; am. 2013, ch. 342, sec. 4, p. 906; am. 2024, ch. 9, sec. 44, p. 88; am. 2026, ch. 12, sec. 1, p. 89.]
Idaho Code § 33-2120 — Idaho Code / Title 33 / Chapter 21 / Section 33-2120
33-2120 INTERESTED COMMISSIONERS OR EMPLOYEES.
Status: in_force

33-2120. Interested commissioners or employees. No commissioner or employee shall acquire any interest, direct or indirect, in any dormitory project or in any property included or planned to be included in any project, nor shall he have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used in connection with any dormitory project. If any commissioner or employee owns or controls an interest, direct or indirect, in any property included or planned to be included, in any dormitory project, he immediately shall disclose the same in writing to the authority and such disclosure shall be entered upon the minutes of the authority. Failure to so disclose such interest shall constitute misconduct in office. Upon such disclosure such commissioner or employee shall not participate in any action affecting such property or have any further connection or position with the commission.

History:

[33-2120, added 1957, ch. 87, sec. 5, p. 137.]
Idaho Code § 33-4805 — Idaho Code / Title 33 / Chapter 48 / Section 33-4805
33-4805 EVALUATIONS AND AUDITS.
Status: in_force

33-4805. Evaluations and audits. The legislative services office shall, from time to time as directed by the legislature, evaluate and audit the relative impact, costs and benefits of each of the educational technology programs conducted pursuant to this chapter. The state department of education shall report to the legislature and the governor each year on or before October 1 as to the relative impact, cost and benefit of the educational technology program conducted pursuant to this chapter.

History:

[(33-4805) 33-4807, added 1994, ch. 229, sec. 1, p. 718; am. 1996, ch. 45, sec. 1, p. 119; am. 1999, ch. 327, sec. 5, p. 839; am. and redesig. 2009, ch. 27, sec. 3, p. 79.]
Idaho Code § 33-2130 — Idaho Code / Title 33 / Chapter 21 / Section 33-2130
33-2130 CONSTRUCTION OF POWERS CONFERRED.
Status: in_force

33-2130. Construction of powers conferred. Nothing in this act or any other law shall be construed as authorizing a dormitory housing commission to levy or collect taxes or assessments, to create any indebtedness payable out of taxes or assessments, or in any manner to pledge the credit of the junior college district, the state or any subdivision thereof; nor shall any provision of this act or other law be construed as authorizing a dormitory housing commission to mortgage or otherwise encumber property of any kind, real, personal or mixed, or any interest therein, but this section shall not be construed as preventing the pledge of the revenues of a dormitory housing commission as authorized in this act.

History:

[33-2130, added 1957, ch. 87, sec. 15, p. 137.]
Idaho Code § 33-1277 — Idaho Code / Title 33 / Chapter 12 / Section 33-1277
33-1277 TAXPAYER FUNDING OF TEACHERS UNIONS PROHIBITED.
Status: in_force

33-1277. TAXPAYER FUNDING OF TEACHERS UNIONS PROHIBITED. (1) No school district, including a specially chartered district, or its agents or representatives, may use or authorize the use of taxpayer funds to support teachers unions by:

(a) Deducting dues, fees, assessments, fines, or contributions from the pay of a professional employee on behalf of a teachers union or its affiliate;

(b) Increasing a professional employee's compensation with the intent that the additional compensation, or a part of it, be used to pay teachers union or affiliate dues, fees, assessments, fines, or contributions;

(c) Providing more personal or contact information of a professional employee to a teachers union or its affiliate than the school district is required to disclose pursuant to chapter 1, title 74, Idaho Code, unless the school district receives written authorization from the professional employee to disclose additional information;

(d) Requiring or coercing a professional employee to meet, communicate, listen to, or otherwise interact with a teachers union or its affiliate;

(e) Distributing communications or membership solicitations on behalf of a teachers union or its affiliate;

(f) Contributing funds to, or expending funds on behalf of, a teachers union or its affiliate; or

(g) Except as provided by sections 33-1216 and 33-1279, Idaho Code, and except as otherwise provided by this section, providing any form of compensation or paid leave to a public employee, directly or indirectly, for the purpose of engaging in teachers union activities.

(2) If provided by a negotiated agreement between a school district, including a specially chartered district, and a teachers union:

(a) A professional employee may be granted time off without pay or benefits to engage in teachers union activities, and a teachers union may compensate a professional employee for engaging in teachers union activities.

(b) A professional employee may use compensated personal leave, whether the professional employee's own leave or leave voluntarily donated by other professional employees, to engage in teachers union activities if:

(i) The leave is accrued at the same rate by similarly situated professional employees of the school district without regard to membership or participation in a teachers union; and

(ii) The professional employee may freely choose how to use the leave.

(c) A professional employee may engage in representational activities while in a duty status without loss of pay or benefits if:

(i) The teachers union reports to the school district no less than twice per year the amount of time, in increments rounded to the nearest quarter of an hour, spent on representational activities each day by each professional employee engaged in representational activities;

(ii) The school district calculates the pro rata value of compensation, including wages and benefits, paid or accruing to a professional employee for time spent engaged in representational activities and provides an invoice to the teachers union no less than twice per year for the amounts so calculated; and

(iii) Upon receipt of the invoice from the school district, the teachers union remits full payment to the school district within thirty (30) days.

(3)(a) A person who violates the provisions of this section shall be subject to a civil penalty not to exceed two hundred fifty dollars ($250).

(b) A person who knowingly violates the provisions of this section shall be subject to a civil penalty not to exceed one thousand five hundred dollars ($1,500).

(c) A person who knowingly violates the provisions of this section and who has previously admitted to committing or has been previously determined to have committed a violation pursuant to this subsection shall be subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500).

(4) The attorney general or appropriate county prosecutor may investigate complaints regarding violations of this section and shall ensure the effective enforcement of this section.

History:

[33-1277, added 2026, ch. 342, sec. 4, p. 1329.]
Idaho Code § 33-1018 — Idaho Code / Title 33 / Chapter 10 / Section 33-1018
33-1018 PUBLIC SCHOOL DISCRETIONARY FUNDING VARIABILITY.
Status: in_force

33-1018. Public school discretionary funding variability. The legislature shall annually state in the appropriation for the educational support program/division of operations the estimate of the total discretionary funding provided per support unit. The department of education shall, before the end of each fiscal year, calculate the actual discretionary funding available per support unit.

(1) If the total estimated discretionary funding per support unit stated in the appropriation for the educational support program/division of operations is lower than the actual discretionary funding available per support unit, then the state controller shall multiply the difference by the number of actual support units, and transfer the result from the public school income fund to the public education stabilization fund and the final distributions to school districts from the department of education shall be reduced by a like amount.

(2) If the total estimated discretionary funding per support unit stated in the appropriation for the educational support program/division of operations is greater than the actual discretionary funding available per support unit, then the state controller shall multiply the difference by the number of actual support units, and transfer the result from the public education stabilization fund to the public school income fund. This transfer shall be limited to moneys available in the public education stabilization fund. Moneys transferred from the public education stabilization fund to the public school income fund under the provisions of this section are hereby continuously appropriated for the educational support program/division of operations.

History:

[33-1018, added 2003, ch. 372, sec. 13, p. 997.]
Idaho Code § 33-5106 — Idaho Code / Title 33 / Chapter 51 / Section 33-5106
33-5106 LIMIT ON PARTICIPATION.
Status: in_force

33-5106. Limit on participation. (1) If a pupil's enrollment pursuant to this chapter decreases the pupil's instructional time in the local school district to less than four (4) hours a day, the pupil shall nevertheless be counted as in local school district instructional time for four (4) hours a day for purposes of chapter 10, title 33, Idaho Code.

(2) A pupil who has completed course requirements for graduation but who has not received a diploma may participate in the program.

(3) A pupil who has graduated from high school cannot participate in the program.

History:

[33-5106, added 1997, ch. 283, sec. 1, p. 861; am. 1998, ch. 165, sec. 1, p. 559; am. 2014, ch. 27, sec. 5, p. 38.]
Idaho Code § 33-3303 — Idaho Code / Title 33 / Chapter 33 / Section 33-3303
33-3303 APPROPRIATION FOR SUPPORT AND MAINTENANCE OF AN ALBION NORMAL SCHOOL FIELD INSTITUTE.
Status: in_force

33-3303. Appropriation for support and maintenance of an Albion Normal School Field Institute. Subject to legislative approval by adoption of a concurrent resolution in both houses approving a department of parks and recreation memorandum of understanding negotiated between the Idaho department of parks and recreation and the city of Albion and other public or private agencies interested in cooperative management of an Albion Normal School Field Institute within an Albion State Normal School state park complex, the appropriately designated state agency shall receive three percent (3%) of all moneys that are now in or which may hereafter accrue to the normal school income fund, the same to be set apart for support and maintenance of the Albion Normal School Field Institute. The memorandum of understanding negotiated by the Idaho department of parks and recreation and the city of Albion and other public or private agencies interested in cooperative management of an Albion Normal School Field Institute within an Albion State Normal School state park complex shall be negotiated in accordance with guidelines established in the Idaho department of parks and recreation's Albion Campus General Development Plan.

History:

[33-3303, added 1994, ch. 222, sec. 4, p. 709; am. 1998, ch. 256, sec. 30, p. 837.]
Idaho Code § 33-2805 — Idaho Code / Title 33 / Chapter 28 / Section 33-2805
33-2805 MEETINGS OF BOARD — QUORUM — ADJOURNMENT.
Status: in_force

33-2805. Meetings of board — Quorum — Adjournment. The time of the election of the president, secretary and treasurer of said board, and the duration of their respective terms of office and the time for holding such meetings as may be required, and the manner of notifying the same, shall be determined by the by-laws of the board. A majority of the board shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time.

History:

[(33-2805) 1888-1889, p. 21, sec. 4; reen. R.C., sec. 489; modified by 1913, ch. 77, sec. 5, p. 330; compiled and reen. C.L., sec. 489; C.S., sec. 1060; I.C.A., sec. 32-2305.]
Idaho Code § 33-317A — Idaho Code / Title 33 / Chapter 3 / Section 33-317A
33-317A LEGISLATIVE INTENT — COOPERATIVE SERVICE AGENCY — SCHOOL PLANT FACILITY LEVY.
Status: in_force

33-317A. Legislative intent — Cooperative Service agency — school plant facility levy. (1) For the purpose of constructing and maintaining facilities of a cooperative service agency, a properly constituted cooperative service agency may request from its member school districts additional funding to be furnished by a tax levy not to exceed four-tenths of one percent (.4%) of market value for assessment purposes in each year, as such valuation existed on December 31, of the previous year, for a period not to exceed three (3) years. Such levy shall be authorized by an election held in each of the school districts pursuant to chapter 4, title 33, Idaho Code. The question of a levy to be submitted to the electors of each member school district and the notice of such election shall state the dollar amount proposed to be collected each year during the period of years in each of which the collection is proposed to be made, the percentage of votes in favor of the proposal which are needed to approve the proposed dollar amount to be collected, and the purposes for which such funds shall be used. Said notice shall be given, the election shall be conducted and the returns canvassed as provided in chapter 4, title 33, Idaho Code; and the dollar amount to be collected shall be approved only if:

(a) Fifty-five percent (55%) of the district electors voting in such election are in favor thereof if the levy will result in a total levy for school plant facilities of less than two-tenths of one percent (.2%) of market value for assessment purposes as such valuation existed on December 31 of the year immediately preceding the election;

(b) Sixty percent (60%) of the district electors voting in such election are in favor thereof if the levy will result in a total levy for school plant facilities of two-tenths of one percent (.2%) or more and less than three-tenths of one percent (.3%) of market value for assessment purposes as such valuation existed on December 31 of the year immediately preceding the election; or

(c) Two-thirds (2/3) of the district electors voting in such election are in favor thereof if the levy will result in a total levy for school plant facilities of three-tenths of one percent (.3%) or more of market value for assessment purposes as such valuation existed on December 31 of the year immediately preceding the election.

If the question be approved, each member school district of the cooperative service agency may make a levy, not to exceed four-tenths of one percent (.4%) of market value for assessment purposes as such valuation existed on December 31 of the previous year, in each year for which the collection was approved, sufficient to collect the dollar amount approved and may again submit the question at the expiration of the period of such levy, for the dollar amount to be collected during each year, and the number of years which the board may at that time determine. Or, during the period approved at any such election, if such period be less than three (3) years or the levy be less than four-tenths of one percent (.4%) of market value for assessment purposes as such valuation existed on December 31 of the previous year, the cooperative service agency may request that its member school districts submit to the qualified school district electors in the same manner as before, the question whether the number of years, not to exceed three (3), or the levy, or both, be increased, but not to exceed the maximum herein authorized. If such increase or increases be approved by the electors, the terms of such levy shall be in lieu of those approved in the first instance, but disapproval shall not affect any terms theretofore in effect.

(2) Physical construction may commence once moneys equal to the estimated cost of constructing the facility have been collected by the cooperative service agency, except that the cooperative service agency may commence physical construction before moneys equal to one hundred percent (100%) of the estimated cost of constructing the facility have been collected as long as language is included in the instructions to bidders reflecting the following:

(a) Providing notice of the funding method and schedule;

(b) Clearly stating that if all moneys are not collected according to the schedule provided, the contractor may not be paid in a timely manner and such contractor will have to await payment until the necessary moneys are collected, but in no event shall such contractor have to await payment longer than three (3) years from the date of the contractor's last pay request;

(c) Stating that the cooperative service agency accepts no liability and will pay no interest on unpaid balances;

(d) Stating that should an inability to pay occur after the fifty percent (50%) completion point of the project, the contractor must complete the project irrespective of payment status; and

(e) Stating that if an inability to pay occurs before the fifty percent (50%) completion point, the contractor has the option to suspend work, receiving no compensation for delay, and restart the project when funding becomes available.

(3) If one (1) or more of the member districts fails to approve the tax levy in such election, the cooperative service agency may construct the facility through the support of the member districts approving the levy, but in no event shall the levy limits authorized in this section be exceeded.

(4) Nothing shall prevent a member district that initially failed to approve the levy from conducting a subsequent election, held pursuant to chapter 4, title 33, Idaho Code, to authorize that district's participation in construction of the facility.

(5) The administration and accounting of moneys received by imposition of the levy provided for in this section shall be the same as provided in section 33-317(2), Idaho Code.

History:

[33-317A, added 2009, ch. 220, sec. 2, p. 685; am. 2011, ch. 189, sec. 1, p. 540.]
Idaho Code § 33-910 — Idaho Code / Title 33 / Chapter 9 / Section 33-910
33-910 BROADBAND INFRASTRUCTURE IMPROVEMENT GRANT FUND — RULEMAKING — DEFINITIONS.
Status: in_force

33-910. broadband infrastructure improvement Grant fund — rulemaking — DEFINITIONS. (1) There is hereby created in the state treasury a fund to be known as the broadband infrastructure improvement grant fund. The fund shall consist of moneys made available through legislative transfers or appropriations and from any other governmental source. Interest earned from the investment of moneys in the fund shall be retained in the fund. Subject to appropriation, moneys in the fund shall be expended to invest in special construction projects for high-speed broadband connections to E-rate eligible entities that receive E-rate funding.

(2) The state board of education shall create and make available a grant application form for moneys in the fund. The state board of education may determine eligibility qualifications and applicant priority. Any E-rate eligible entity may apply to the state department for a grant from the fund for up to ten percent (10%) of the cost of an eligible special construction project.

(3) The state board of education may promulgate rules to implement the provisions of this section. Such rules shall be consistent with the federal communications commission's second E-rate modernization order that provides for additional category one funding up to ten percent (10%) to match state funding for special construction charges for high-speed broadband connections.

(4) For the purposes of this section, "E-rate eligible entity" means Idaho public schools grades K through 12, the Idaho digital learning academy, the Idaho department of juvenile corrections education programs, the school for the deaf and the blind and the Idaho public libraries.

History:

[33-910, added 2016, ch. 183, sec. 1, p. 495; am. 2017, ch. 89, sec. 1, p. 236; am. 2024, ch. 178, sec. 1, p. 664.]
Idaho Code § 33-1002E — Idaho Code / Title 33 / Chapter 10 / Section 33-1002E
33-1002E PUPILS ATTENDING SCHOOL IN ANOTHER STATE.
Status: in_force

33-1002E. Pupils attending school in another state. In any school district which abuts upon the border of another state, the resident pupils of said district may attend schools in the other state as provided in section 33-1403, Idaho Code.

History:

[(33-1002E) 1963, ch. 13, sec. 126, p. 27; am. 1963, ch. 322, sec. 4, p. 919; am. 1980, ch. 179, sec. 5, p. 390; am. and redesig. 1994, ch. 428, sec. 4, p. 1375; am. 2002, ch. 287, sec. 1, p. 833.]
Idaho Code § 33-1220 — Idaho Code / Title 33 / Chapter 12 / Section 33-1220
33-1220 IN-SERVICE TRAINING — HALTING SERVICE INCREMENTS.
Status: in_force

33-1220. In-service training — Halting service increments. The board of trustees of any school district may establish for the district, uniform requirements for in-service training of certificated personnel; and the board may upon notice halt teaching service increments otherwise due any such employee upon neglect or failure to fulfill such requirement, until said requirement shall have been met.

History:

[33-1220, added 1963, ch. 13, sec. 160, p. 27.]
Idaho Code § 33-314 — Idaho Code / Title 33 / Chapter 3 / Section 33-314
33-314 APPEAL FROM ORDER OF STATE BOARD OF EDUCATION.
Status: in_force

33-314. Appeal from order of state board of education. Any order of the state board of education affecting the organization, consolidation, division, annexation, excision, or change in boundaries of any school district, or districts, may be appealed to the district court of any county in which the district, or proposed district, lies or shall lie. Appeal may be taken by any school elector residing in the area affected by the order, or by any taxpayer on property situate in said area, and shall be tried de novo.

The pleadings and other papers shall be filed not more than sixty (60) days after notice of the order appealed, and service of two (2) copies thereof shall be made upon the state superintendent of public instruction.

History:

[33-314, added 1963, ch. 13, sec. 44, p. 27.]
Idaho Code § 33-2607 — Idaho Code / Title 33 / Chapter 26 / Section 33-2607
33-2607 POWERS AND DUTIES OF TRUSTEES.
Status: in_force

33-2607. Powers and duties of trustees. In addition to the powers elsewhere contained in this chapter and notwithstanding the provisions of title 50, Idaho Code, the board of trustees of each city library shall have the following powers and duties:

(1) To establish bylaws for its own governance;

(2) To establish policies and rules of use for the governance of the library or libraries under its control; to exclude from the use of the library any and all persons who violate such rules;

(3) To establish, locate, maintain, and have custody of libraries to serve the city, and to provide suitable rooms, structures, facilities, furniture, apparatus, and appliances necessary for library service;

(4) With the approval of the city:

(a) To acquire real property by purchase, gift, devise, lease, or otherwise;

(b) To own and hold real and personal property and to construct buildings for the use and purposes of the library;

(c) To sell, exchange, or otherwise dispose of real or personal property when no longer required by the library; and

(d) To insure the real and personal property of the library;

(5) To prepare and adopt a budget for review and approval by the city council;

(6) To control the expenditures of money budgeted for the library;

(7) To accept or decline gifts of money or personal property, in accordance with library policy, and under such terms as may be a condition of the gift;

(8) To supervise and evaluate the library director and, with the approval of a majority of the members of the city council, to hire and terminate the library director;

(9) To establish policies for the purchase and distribution of library materials;

(10) To attend all meetings of the board of trustees;

(11) To maintain legal records of all board business;

(12) To exercise such other powers, not inconsistent with law, necessary for the orderly and efficient management of the library.

History:

[33-2607, added 1993, ch. 186, sec. 8, p. 470; am. 2026, ch. 150, sec. 1, p. 690.]
Idaho Code § 33-6204 — Idaho Code / Title 33 / Chapter 62 / Section 33-6204
33-6204 PROTECTION FOR EDUCATIONAL INSTITUTIONS.
Status: in_force

33-6204. protection for educational institutions. A government entity, any licensing or accrediting organization, or any athletic association or organization shall not entertain a complaint, open an investigation, or take any other adverse action against a school or an institution of higher education for maintaining separate interscholastic, intercollegiate, intramural, or club athletic teams or sports for students of the female sex.

History:

[33-6204, added 2020, ch. 333, sec. 1, p. 969.]
Idaho Code § 33-3601 — Idaho Code / Title 33 / Chapter 36 / Section 33-3601
33-3601 INTERSTATE COMPACT FOR WESTERN REGIONAL COOPERATION IN HIGHER EDUCATION RATIFIED.
Status: in_force

33-3601. Interstate compact for Western Regional Cooperation in Higher Education ratified. The State of Idaho does hereby ratify, approve, adopt and confirm the Interstate Compact for Western Regional Cooperation in Higher Education heretofore entered into between the States of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming, Alaska and Hawaii. The compact is, in words and figures as follows, except that any reference to the Territories of Alaska and Hawaii means the States of Alaska and Hawaii:

ARTICLE I

WHEREAS, the future of this Nation and of the Western States is dependent upon the quality of the education of its youth; and

WHEREAS, many of the Western States individually do not have sufficient numbers of potential students to warrant the establishment and maintenance within their borders of adequate facilities in all of the essential fields of technical, professional, and graduate training, nor do all of the States have the financial ability to furnish within their borders institutions capable of providing acceptable standards of training in all of the fields mentioned above; and

WHEREAS, it is believed that the Western States, or groups of such states within the Region, cooperatively can provide acceptable and efficient educational facilities to meet the needs of the Region and of the students thereof:

Now, therefore, the States of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming, and the Territories of Alaska and Hawaii do hereby covenant and agree as follows:

ARTICLE II

Each of the compacting states and territories pledges to each of the other compacting states and territories faithful cooperation in carrying out all the purposes of this Compact.

ARTICLE III

The compacting states and territories hereby create the Western Interstate Commission for Higher Education, hereinafter called the Commission. Said Commission shall be a body corporate of each compacting state and territory and an agency thereof. The Commission shall have all the powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states and territories.

ARTICLE IV

The Commission shall consist of three resident members from each compacting state or territory. At all times one Commissioner from each compacting state or territory shall be an educator engaged in the field of higher education in the state or territory from which he is appointed.

The Commissioners from each state and territory shall be appointed by the Governor thereof as provided by law in such state or territory. Any Commissioner may be removed or suspended from office as provided by the law of the state or territory from which he shall have been appointed.

The terms of each Commissioner shall be four years; provided however that the first three Commissioners shall be appointed as follows: one for two years, one for three years, and one for four years. Each Commissioner shall hold office until his successor shall be appointed and qualified. If any office becomes vacant for any reason, the Governor shall appoint a Commissioner to fill the office for the remainder of the unexpired term.

ARTICLE V

Any business transacted at any meeting of the Commission must be by affirmative vote of a majority of the whole number of compacting states and territories.

One or more Commissioners from a majority of the compacting states and territories shall constitute a quorum for the transaction of business.

Each compacting state and territory represented at any meeting of the Commission is entitled to one vote.

ARTICLE VI

The Commission shall elect from its number a chairman and a vice chairman, and may appoint, and at its pleasure dismiss or remove, such officers, agents, and employees as may be required to carry out the purpose of this Compact; and shall fix and determine their duties, qualifications and compensation, having due regard for the importance of the responsibilities involved.

The Commissioners shall serve without compensation, but shall be reimbursed for their actual and necessary expenses from the funds of the Commission.

ARTICLE VII

The Commission shall adopt a seal and by-laws and shall adopt and promulgate rules and regulations for its management and control.

The Commission may elect such committees as it deems necessary for the carrying out of its functions.

The Commission shall establish and maintain an office within one of the compacting states for the transaction of its business and may meet at any time, but in any event must meet at least once a year. The Chairman may call such additional meetings and upon the request of a majority of the Commissioners of three or more compacting states or territories shall call additional meetings.

The Commission shall submit a budget to the Governor of each compacting state and territory at such time and for such period as may be required.

The Commission shall, after negotiations with interested institutions, determine the cost of providing the facilities for graduate and professional education for use in its contractual agreements throughout the Region.

On or before the fifteenth day of January of each year, the Commission shall submit to the Governors and Legislatures of the compacting states and territories a report of its activities for the preceding calendar year.

The Commission shall keep accurate books of account, showing in full its receipts and disbursements, and said books of account shall be open at any reasonable time for inspection by the Governor of any compacting state or territory or his designated representative. The Commission shall not be subject to the audit and accounting procedure of any of the compacting states or territories. The Commission shall provide for an independent annual audit.

ARTICLE VIII

It shall be the duty of the Commission to enter into such contractual agreements with any institutions in the Region offering graduate or professional education and with any of the compacting states or territories as may be required in the judgment of the Commission to provide adequate services and facilities of graduate and professional education for the citizens of the respective compacting states or territories. The Commission shall first endeavor to provide adequate services and facilities in the fields of dentistry, medicine, public health, and veterinary medicine, and may undertake similar activities in other professional and graduate fields.

For this purpose the Commission may enter into contractual agreements–

(a) with the governing authority of any educational institution in the Region, or with any compacting state or territory, to provide such graduate or professional educational services upon terms and conditions to be agreed upon between contracting parties, and

(b) with the governing authority of any educational institution in the Region or with any compacting state or territory to assist in the placement of graduate or professional students in educational institutions in the Region providing the desired services and facilities, upon such terms and conditions as the Commission may prescribe.

It shall be the duty of the Commission to undertake studies of needs for professional and graduate educational facilities in the Region, the resources for meeting such needs, and the long-range effects of the Compact on higher education; and from time to time to prepare comprehensive reports on such research for presentation to the Western Governors' Conference and to the legislatures of the compacting states and territories. In conducting such studies, the Commission may confer with any national or regional planning body which may be established. The Commission shall draft and recommend to the Governors of the various compacting states and territories, uniform legislation dealing with problems of higher education in the Region.

For the purposes of this Compact the word "Region" shall be construed to mean the geographical limits of the several compacting states and territories.

ARTICLE IX

The operating costs of the Commission shall be apportioned equally among the compacting states and territories.

ARTICLE X

This Compact shall become operative and binding immediately as to those states and territories adopting it whenever five or more of the states or territories of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming, Alaska and Hawaii have duly adopted it prior to July 1, 1953. This Compact shall become effective as to any additional states or territories adopting thereafter at the time of such adoption.

ARTICLE XI

This Compact may be terminated at any time by consent of a majority of the compacting states or territories. Consent shall be manifested by passage and signature in the usual manner of legislation expressing such consent by the legislature and Governor of such terminating state. Any state or territory may at any time withdraw from this Compact by means of appropriate legislation to that end. Such withdrawal shall not become effective until two years after written notice thereof by the Governor of the withdrawing state or territory accompanied by a certified copy of the requisite legislative action is received by the Commission. Such withdrawal shall not relieve the withdrawing state or territory from its obligations hereunder accruing prior to the effective date of withdrawal. The withdrawing state or territory may rescind its action of withdrawal at any time within the two-year period. Thereafter, the withdrawing state or territory may be reinstated by application to and the approval by a majority vote of the Commission.

ARTICLE XII

If any compacting state or territory shall at any time default in the performance of any of its obligations assumed or imposed in accordance with the provisions of this Compact, all rights, privileges and benefits conferred by this Compact or agreements hereunder shall be suspended from the effective date of such default as fixed by the Commission.

Unless such default shall be remedied within a period of two years following the effective date of such default, this Compact may be terminated with respect to such defaulting state or territory by affirmative vote of three-fourths of the other member states or territories.

Any such defaulting state may be reinstated by: (a) performing all acts and obligations upon which it has heretofore defaulted, and (b) application to and the approval by a majority vote of the Commission.

History:

[(33-3601) 1953, ch. 248, sec. 1, p. 391; am. 2017, ch. 79, sec. 1, p. 219.]
Idaho Code § 33-6707 — Idaho Code / Title 33 / Chapter 67 / Section 33-6707
33-6707 PREEMPTION.
Status: in_force

33-6707. Preemption. This chapter preempts any law, regulation, policy, or decree enacted or adopted by any city, county, municipality, or other political subdivision within the state that purports to permit or require public schools to allow persons to use facilities designated for the other sex.

History:

[(33-6707) 33-6607, added 2023, ch. 120, sec. 1, p. 345; am. and redesig. 2024, ch. 16, sec. 12, p. 147.]
Idaho Code § 33-4803 — Idaho Code / Title 33 / Chapter 48 / Section 33-4803
33-4803 DEFINITIONS.
Status: in_force

33-4803. Definitions. As used in this chapter:

(1) "Educational segments" are, individually, the public elementary and secondary school system, the Idaho bureau of educational services for the deaf and the blind, the career technical education system, the commission for libraries, the state historical society, Idaho public television, the community colleges, the four-year colleges and universities, the state department of education and the office of the state board of education.

(2) "Libraries" means district, city, school/community libraries, and the commission for libraries as described in chapters 25, 26 and 27, title 33, Idaho Code.

(3) "Technology" means all present and future forms of computer hardware, computer software and services used or required for automated data processing, computer-related office automation or telecommunications.

(4) "Telecommunications" means all present and future forms of hardware, software or services used or required for transmitting voice, data, video or images over a distance.

History:

[33-4803, added 1994, ch. 229, sec. 1, p. 717; am. 1998, ch. 40, sec. 2, p. 173; am. 1999, ch. 327, sec. 2, p. 836; am. 1999, ch. 329, sec. 22, p. 863; am. 2006, ch. 235, sec. 30, p. 717; am. 2009, ch. 168, sec. 6, p. 510; am. 2016, ch. 25, sec. 28, p. 52.]
Idaho Code § 33-3713 — Idaho Code / Title 33 / Chapter 37 / Section 33-3713
33-3713 BURSARS AS FISCAL OFFICERS — DUTY TO MAKE REPORTS.
Status: in_force

33-3713. Bursars as fiscal officers — Duty to make reports. Subject to the control of the state board of education in its capacities as boards of trustees for the said institutions severally, the bursars shall be deemed fiscal officers of such institutions, and whenever by any law or grant any such institution is required to make reports in financial matters, or make remittances of funds, or shall receive funds or property, unless otherwise provided by law the bursar shall make such reports and remittances and receive such funds or property.

History:

[33-3713, added 1943, ch. 73, sec. 2, p. 155.]
Idaho Code § 33-2508 — Idaho Code / Title 33 / Chapter 25 / Section 33-2508
33-2508 DIGITAL AND ONLINE LIBRARY RESOURCES FOR K-12 STUDENTS.
Status: in_force

33-2508. digital and online library resources for K-12 STUDENTS. If the commission for libraries provides digital or online library resources for the use of students in kindergarten through grade 12, the commission shall comply with all provisions of section 33-132, Idaho Code.

History:

[33-2508, added 2020, ch. 274, sec. 2, p. 809; am. 2025, ch. 198, sec. 4, p. 909.]
Idaho Code § 33-1119 — Idaho Code / Title 33 / Chapter 11 / Section 33-1119
33-1119 REDEMPTION OF BONDS HELD BY STATE.
Status: in_force

33-1119. Redemption of bonds held by state. Whenever the bonds of any school district have been purchased and are held by the department of finance and any said bond, or the interest on any said bond, becomes due and payable, the treasurer of the district shall remit to said department the amount of money required to pay and redeem the same. The said department, upon finding such payment in order, shall mark such bonds or interest coupons "canceled," and return the same to the treasurer of the school district.

History:

[33-1119, added 1963, ch. 13, sec. 115, p. 27; am. 1969, ch. 466, sec. 5, p. 1326.]
Idaho Code § 33-5203 — Idaho Code / Title 33 / Chapter 52 / Section 33-5203
33-5203 APPROVAL OF PUBLIC CHARTER SCHOOLS.
Status: in_force

33-5203. APPROVAL OF PUBLIC CHARTER SCHOOLS. (1) No whole school district may be converted to a charter district or any configuration that includes all schools as public charter schools.

(2)(a) The authorizer must receive an application no later than September 1 for a new public charter school to be eligible to begin instruction the first complete school year following receipt of the application, unless the authorizer agrees to a later date; and

(b) To begin operations, a newly chartered public school must be authorized by no later than January 1 of the previous school year, unless the authorizer agrees to a later date.

(3) Any authorizer may approve a public charter school formed by creating a new public charter school or by replicating an existing public charter school. Converting an existing traditional public school to a public charter school may only be approved by the board of trustees of the school district in which the existing public school is located.

(4) No charter shall be approved under this chapter:

(a) That provides for the conversion of any existing private or parochial school to a public charter school;

(b) For a for-profit entity; provided, however, nothing in this section shall prevent the board of directors of a public charter school from legally contracting with an educational service provider that provides comprehensive educational administrative and management services or with for-profit entities for the provision of products or services that aid in the operation of the school; or

(c) By the board of trustees of a school district if the public charter school's physical location is outside the boundaries of the authorizing school district.

(5) A charter holder may not operate enterprises unrelated to the educational purposes for which the public charter school has been authorized. In cases of related enterprises, including but not limited to daycare and after school programs, no state education funding authorized pursuant to this chapter may be used to subsidize such related enterprises.

(6)(a) Each authorized public charter school is hereby designated as a local education agency (LEA) as such term is defined in 34 CFR 300.28, unless the charter holder and authorizer agree that:

(i) Public charter schools authorized by the board of trustees of a school district may be included in that district's LEA; or

(ii) Entities with multiple charters may operate as a single LEA.

(b) Notice of an agreement pursuant to paragraph (a) of this subsection must be provided to the state department of education by no later than February 1 of the proceeding school year.

History:

[33-5203, added 2024, ch. 9, sec. 8, p. 64.]
Idaho Code § 33-807 — Idaho Code / Title 33 / Chapter 8 / Section 33-807
33-807 CERTIFICATION OF LEVIES.
Status: in_force

33-807. Certification of levies. The board of trustees of each school district, having determined the levies required for the several purposes authorized by law, shall, not later than the second Monday of September in each year, certify said levies to the board of county commissioners in each county in which the district may lie. Said certification shall show the name and number of the school district, the school fiscal year for which such levies are to be made, and shall list separately each levy if more than one (1), and the purpose of each thereof. In certifying the levy required to service bond issues, the board of trustees shall report the amount of available moneys in the "bond interest and redemption fund" at the time of certification and the amount required to service bond issues in the ensuing fiscal year in addition to the levy determined for such purpose.

History:

[33-807, added 1963, ch. 13, sec. 97, p. 27; am. 1973, ch. 282, sec. 2, p. 597; am. 1974, ch. 4, sec. 1, p. 20.]
Idaho Code § 33-351 — Idaho Code / Title 33 / Chapter 3 / Section 33-351
33-351 SUBDISTRICTS — AUTHORITY TO ESTABLISH — ELECTION.
Status: in_force

33-351. Subdistricts — Authority to establish — Election. The board of trustees of any school district which operates two (2) or more high schools may at any time, on its own motion or upon the filing with the board of trustees of a petition so requesting signed by not less than fifty (50) school electors, call an election to submit to the qualified electors of the school district the question of the creation of one (1) or more school subdistricts. Such election shall be called, the election shall be held subject to the provisions of section 34-106, Idaho Code, and shall be conducted pursuant to the provisions of chapter 14, title 34, Idaho Code. The proceedings calling such election shall set forth the boundaries of each proposed school subdistrict and shall provide for the submission of the question of the creation of each such school subdistrict to the qualified electors of the school district and to the qualified electors residing within the proposed boundaries of each such school subdistrict. No proposition for the creation of a school subdistrict shall be determined to have carried unless such proposition shall receive a majority of the votes cast on such proposition by the qualified electors residing within the boundaries of the school district and a majority of the votes cast on such proposition by the qualified electors residing within the boundaries of the proposed school subdistrict. Whenever the creation of more than one (1) school subdistrict is submitted at the same election, separate ballots and separate propositions shall be used in voting on the question of creating each school subdistrict.

History:

[33-351, added 1986, ch. 61, sec. 1, p. 177; am. 2009, ch. 341, sec. 29, p. 1013.]
Idaho Code § 33-2722 — Idaho Code / Title 33 / Chapter 27 / Section 33-2722
33-2722 TREASURER — CLERK.
Status: in_force

33-2722. Treasurer — Clerk. The board of trustees of each library district shall appoint some qualified person, who may or may not be a member of the board of trustees, to act as treasurer of the library district. This person shall, on taking office, give bond to the library district, with sureties approved by the board of trustees, in the amount of at least five thousand dollars ($5,000), which bond shall be paid for by the district and shall be conditioned upon faithful performance of the duties of his office and his accounting for all moneys of the library district received by him or under his control. The treasurer shall supervise all moneys raised for the library district by taxation or received by the district from any other sources and shall supervise all disbursements of funds of the district by order of the board of trustees.

Under the direction of the board of trustees, the treasurer shall have all moneys of the district deposited in accordance with the public depository law and other applicable state and federal laws.

The board of trustees of each library district shall appoint some qualified person, who may or may not be a member of the board of trustees, to act as clerk of the library board. The clerk shall prepare and distribute legal notices and shall have other duties as the board may prescribe.

History:

[(33-2722) 1963, ch. 188, sec. 15, p. 568; am. and redesignated 1989, ch. 132, sec. 17, p. 296; am. 1996, ch. 71, sec. 25, p. 232; am. 2002, ch. 312, sec. 8, p. 891; am. 2011, ch. 11, sec. 9, p. 29.]
Idaho Code § 33-6505 — Idaho Code / Title 33 / Chapter 65 / Section 33-6505
33-6505 AWARD PROTOCOLS — CONSTRUCTION.
Status: in_force

33-6505. AWARD PROTOCOLS — CONSTRUCTION. (1) The state board of education may promulgate rules to establish protocols for determining the number of incentive awards that will be made annually based on available appropriations for the program.

(2) The state board of education shall define the criteria for determining the schools that are most impacted by critical quality educator shortages.

(3) Nothing in this chapter may be construed to require the provision of incentive awards without an appropriation for that purpose.

History:

[33-6505, added 2022, ch. 227, sec. 1, p. 747.]
Idaho Code § 33-5502 — Idaho Code / Title 33 / Chapter 55 / Section 33-5502
33-5502 CREATION — LEGISLATIVE FINDINGS — GOAL.
Status: in_force

33-5502. Creation — Legislative findings — Goal. (1) There is hereby created the Idaho digital learning academy, a learning environment that joins the best technology with the best instructional practices. The Idaho digital learning academy as provided for in this chapter, is not a single department of state government unto itself, nor is it a part of any of the twenty (20) departments of state government authorized by section 20, article IV, of the constitution of the state of Idaho, or of the departments prescribed in section 67-2402, Idaho Code. It is legislative intent that the Idaho digital learning academy operate and be recognized not as a state or local agency or department, but as an entity whose creation has been authorized by the state.

(2) The legislature finds that it is in the best public interest to create the Idaho digital learning academy based on findings that indicate:

(a) Technology continues to impact the education of students in this state;

(b) Systems for delivery of education are as diverse as the learners; and

(c) Idahoans are seeking high quality educational choices, and schools and other education providers are aligning curriculum and assessment with state achievement standards.

(3) The goal of the digital learning academy is to provide choice, accessibility, flexibility, quality, and equity in curricular offerings for students in this state. The digital learning academy shall function as a resource to fill instructional gaps and is not intended to supplant regularly scheduled courses or full instructional programs offered by a student's local school district or public charter school. Courses offered shall include credit recovery, dual credit, courses not offered in small or rural school districts, courses required by the state of Idaho for graduation, and overload courses.

History:

[33-5502, added 2002, ch. 105, sec. 1, p. 285; am. 2005, ch. 132, sec. 1, p. 420; am. 2008, ch. 119, sec. 1, p. 333; am. 2026, ch. 319, sec. 1, p. 1278.]
Idaho Code § 33-116 — Idaho Code / Title 33 / Chapter 1 / Section 33-116
33-116 SCHOOL DISTRICTS UNDER BOARD SUPERVISION.
Status: in_force

33-116. School districts under board supervision. All school districts in Idaho, including specially chartered school districts, shall be under the supervision and control of the state board.

History:

[33-116, added 1963, ch. 13, sec. 16, p. 27.]
Idaho Code § 33-3715 — Idaho Code / Title 33 / Chapter 37 / Section 33-3715
33-3715 INTERFERENCE WITH CONDUCT OF INSTITUTIONS OF HIGHER LEARNING — LEGISLATIVE INTENT.
Status: in_force

33-3715. Interference with conduct of institutions of higher learning — Legislative intent. The legislature, in recognition of unlawful campus disorders across the nation which are disruptive of the educational process and dangerous to the health and safety of persons and damaging to public and private property, establishes by this act criminal penalties for conduct declared in this act to be unlawful. However, this act shall not be construed as preventing institutions of higher education from establishing standards of conduct, scholastic and behavioral, reasonably relevant to their lawful missions, processes, and functions, and to invoke appropriate discipline for violations of such standards.

History:

[33-3715, added 1969, ch. 223, sec. 1, p. 729.]
Idaho Code § 33-2133 — Idaho Code / Title 33 / Chapter 21 / Section 33-2133
33-2133 TAX EXEMPTION.
Status: in_force

33-2133. Tax exemption. The property of a dormitory housing commission is declared to be public property used for essential public and educational purposes, and such property and a dormitory housing commission shall be exempt from all taxes and special assessments of the city, the county, the state or any political subdivision thereof; except that such commission may contract to pay special charges for sewerage, water, or other special services of like nature, in order to obtain such services, but not as a tax.

History:

[33-2133, added 1957, ch. 87, sec. 18, p. 137.]
Idaho Code § 33-302 — Idaho Code / Title 33 / Chapter 3 / Section 33-302
33-302 CLASSIFICATION OF SCHOOL DISTRICTS.
Status: in_force

33-302. Classification of school districts. Elementary school districts shall give instruction only to pupils in grades one (1) through eight (8), and may give instruction in kindergarten. All other school districts shall give instruction to pupils in grades one (1) through twelve (12), and may give instruction in kindergarten, and shall maintain secondary schools giving instruction to pupils in grades seven (7) through twelve (12), or any combination of such grades.

Any school district maintaining its only secondary school building situate not less than twenty-five (25) miles from the nearest Idaho secondary school, and which employs not less than six (6) teachers within its district, may be authorized by the state board of education to instruct pupils in two (2) or more grades above grade seven (7).

Whenever any district lies, or shall lie, in more than one (1) county it shall be designated as a joint district of its class.

History:

[33-302, added 1963, ch. 13, sec. 32, p. 27; am. 1975, ch. 42, sec. 4, p. 73.]
Idaho Code § 33-3002 — Idaho Code / Title 33 / Chapter 30 / Section 33-3002
33-3002 PURPOSES OF IDAHO STATE UNIVERSITY.
Status: in_force

33-3002. Purposes of Idaho State University. Idaho State University shall be a comprehensive institution of higher education giving instruction in undergraduate, professional and graduate education, as approved by the board of trustees.

Courses of instruction in the college of pharmacy shall be such as shall meet the standard requirements as are now, or hereafter may be, recommended by the recognized accrediting agency for schools or colleges of pharmacy, and the usual degrees shall be granted for completion of courses in pharmacy.

The board of trustees may establish professional-technical and other courses or programs, as it may deem necessary, and such courses or programs may be given or conducted on or off campus, or in night schools, summer schools, or by extension courses.

History:

[33-3002, added 1963, ch. 12, sec. 2, p. 23; am. 1965, ch. 182, sec. 1, p. 380; am. 1983, ch. 155, sec. 4, p. 433; am. 1996, ch. 269, sec. 1, p. 872; am. 1999, ch. 329, sec. 33, p. 876.]
Idaho Code § 33-2910 — Idaho Code / Title 33 / Chapter 29 / Section 33-2910
33-2910 UNIVERSITY INCOME FUND.
Status: in_force

33-2910. University income fund. There is established in the state treasury the university income fund. The fund shall consist of all moneys distributed from the university earnings reserve fund and from other sources as the legislature deems appropriate. Moneys in the university income fund shall be used for the benefit of beneficiaries of the university endowment and distributed to current beneficiaries of the endowment pursuant to legislative appropriation.

History:

[33-2910 added 1998, ch. 256, sec. 14, p. 832.]
Idaho Code § 33-1602 — Idaho Code / Title 33 / Chapter 16 / Section 33-1602
33-1602 UNITED STATES CONSTITUTION — NATIONAL FLAG AND COLORS — NATIONAL ANTHEM — “AMERICA” — CITIZENSHIP — CIVICS TEST.
Status: in_force

33-1602. United States constitution — National flag and colors — National anthem — "America" — Citizenship — civics test. (1) The legislature finds that a somber reflection on the history of mankind shows that no free government or the blessings of liberty can be preserved by any people except through an adherence to moral virtue and by frequent recurrence to fundamental principles. The legislature finds and declares that the primary purpose of this state's system of public schools is to equip the youth of the state with the virtue and intelligence necessary for self-government through a liberal program of education that inspires a love of nation, fellow countrymen, and common history and culture.

(2) All secondary pupils at an Idaho public school shall receive instruction that ensures upon graduation that such pupils:

(a) Exemplify the cardinal virtues necessary for self-government and human flourishing, including:

(i) Prudence;

(ii) Justice;

(iii) Fortitude;

(iv) Moderation; and

(v) Patriotism;

(b) Understand the fundamental principles of the nation's republican form of government, including:

(i) The supremacy of the natural law over civil institutions;

(ii) That virtue or morality is a necessary spring of popular government and ordered liberty;

(iii) The self-evident truth that all men are created equal and endowed by their creator with inalienable rights;

(iv) That civil society is a social compact, by which the whole people covenants with each citizen and each citizen with the whole people, and that all shall be governed by certain laws for the common good;

(v) That as members of the body-politic, every citizen has a duty to promote the common good of the whole;

(vi) That the people are the original fountain of all legitimate authority, denoting that just government is contingent upon the consent of the governed;

(vii) That the first aim of every political constitution is to obtain leaders who possess the most wisdom to discern and most virtue to pursue the common good of the society, and that this is most effectually accomplished through a system of representation;

(viii) The rule of law and not of men;

(ix) Reverence for the republic's constitutional order and the importance of the separation of powers as a bulwark against arbitrary and despotic government;

(x) The double security given to American liberties by the constitution's system of federalism and the value of the union as the source of national prosperity and independence; and

(xi) That the preservation of the republic depends, above all else, on the vigilance and public-spiritedness of the American people; and

(c) Understand the content, history, meaning, significance, and effect of key historical documents, including:

(i) The magna carta;

(ii) The mayflower compact;

(iii) The Massachusetts body of liberties;

(iv) The English bill of rights and act of toleration;

(v) Patrick Henry's "Give Me Liberty or Give Me Death!";

(vi) Thomas Paine's "Common Sense";

(vii) The declaration of independence;

(viii) The articles of confederation;

(ix) The Virginia declaration of rights of 1776;

(x) The Massachusetts constitution of 1780;

(xi) The Rhode Island 1784 act for the abolition of slavery;

(xii) The Northwest ordinance;

(xiii) The Virginia statute for religious freedom;

(xiv) The United States constitution and the bill of rights;

(xv) The federalist papers;

(xvi) George Washington's letter to the Hebrew congregation;

(xvii) George Washington's farewell address;

(xviii) Thomas Jefferson's first inaugural address;

(xix) The Monroe doctrine;

(xx) Alexis de Tocqueville's "Democracy in America";

(xxi) The Lincoln-Douglass debates;

(xxii) The emancipation proclamation;

(xxiii) The Gettysburg address;

(xxiv) The constitution of the state of Idaho; and

(xxv) Other similar documents that are important to the history and heritage of the United States and Idaho.

(3) All secondary pupils in grades 9 through 12 shall be required to complete two (2) credits in American history and two (2) credits in American government, encompassing a strong emphasis on civics.

(4) American history coursework in all public schools shall include instruction on the American revolution and the American founding, with attention given to the following, at a minimum:

(a) How the American founding was the culmination of the Western tradition, including the influence of Christianity, the enlightenment, Greek democracy, Roman republicanism, and the English legal tradition;

(b) The fundamental principles of the American revolution as articulated in the declaration of independence, including liberty, equality, natural rights, national sovereignty, republican virtue, and self-government;

(c) The contribution of America's original Anglo-American heritage and colonial experience to the development of the nation's republican institutions;

(d) The political and military narrative of the causes and progress of the American revolution;

(e) The deeds and civic virtues exemplified in the lives of America's founding fathers;

(f) The United States' founding documents and their original intent;

(g) Instruction on the symbols associated with America's national heritage originating from the American revolution, including the minuteman, the liberty bell, the liberty tree, lady Columbia, the great seal of the United States, the pine tree flag, the Gadsden flag, "join or die," the Betsy Ross flag, and the bald eagle;

(h) The historical development of the United States' republican form of government, including the proceedings of the Philadelphia convention and ratification debates that led to the adoption of the United States constitution and the bill of rights;

(i) The political narrative of the early republic under the founding presidents; and

(j) How slavery is antithetical to the principles of the declaration of independence and the efforts during the American founding and early republic to abolish slavery.

(5) American history coursework in all public schools shall include instruction on how totalitarian ideologies, such as communism and fascism, are antithetical to the fundamental principles of America's republican form of government, with attention given to, at a minimum:

(a) America's triumph over totalitarian regimes in the second world war and cold war; and

(b) The failures and atrocities of Nazi Germany, the Soviet Union, and People's Republic of China, including Kristallnacht, the Holocaust, the red terror, dekulakization, Stalin's great purge, the five-year plan, the holodomor, the great leap forward, and the cultural revolution.

(6) American government coursework in all public schools shall ensure that students understand the fundamental principles of America's republican form of government outlined in subsection (2)(b) of this section, and shall include instruction on:

(a) The influence of the Western intellectual tradition on the United States constitution, including the political philosophy of John Locke and Montesquieu, Greek democracy, Roman republicanism, and British constitutionalism;

(b) Primary documents articulating the fundamental principles of America's constitutional system of government, including excerpts from the declaration of independence, the preamble of the Massachusetts constitution of 1780, George Washington's letter to the Hebrew congregation, "Federalist 9," "Federalist 10," "Federalist 39," "Federalist 51," "Federalist 63," "Federalist 70," and "Federalist 78;" and

(c) How the constitution of the state of Idaho embodies the principles of the American founding, such as section 1, article I, regarding the inalienable rights of man; section 2, article I, regarding the political power inherent in the people; section 3, article I, regarding the state as an inseparable part of the union; section 1, article II, regarding the departments of government; section 24, article III, regarding the promotion of temperance and morality; section 1, article IX, regarding the legislature's duty to establish a system of free schools; and section 1, article XIV, regarding persons subject to military duty.

(7) All public schools shall include instruction in secondary English language arts or communications coursework that incorporates, when appropriate, primary documents and literature from or about the American revolution, American founding, or early republic, provided that such materials align with the criteria provided in section 33-118C, Idaho Code.

(8) Instruction in the United States constitution, the fundamental principles of America's republican form of government, and the virtues necessary for good citizenship shall be given in all elementary and secondary schools. The state board of education shall adopt any materials as may be deemed necessary for such purpose and shall also determine the grades in which such instruction shall be given.

(9) Instruction in the proper use, display, and history of and respect for the American flag and the national colors shall be given in all elementary and secondary schools. Such instruction shall include the pledge of allegiance to the flag and the words and music of the national anthem and of "America."

(10) Every school board of trustees shall cause the United States flag to be displayed in every classroom during the school hours of each school day.

(11) Every school board of trustees is encouraged to display historical portraits of George Washington in a conspicuous place in each classroom that is used for history, civics, or social studies instruction and in each kindergarten through grade 5 classroom. The state superintendent of public instruction, or designee, shall select the portraits.

(12) Every public school shall offer the pledge of allegiance or the national anthem in grades 1 through 12 at the beginning of each school day.

(13) No pupil shall be compelled, against the pupil's objections or those of the pupil's parent or guardian, to recite the pledge of allegiance or to sing the national anthem.

(14) Instruction in citizenship shall be given in all elementary and secondary schools. Citizenship instruction shall include lessons on the role of a citizen in a constitutional republic, how laws are made, how officials are elected, and the importance of voting and of participating in government. Such instruction shall also include the importance of respecting and obeying statutes that are validly and lawfully enacted by the Idaho legislature and the congress of the United States.

(15) Starting with the 2016-2017 school year, all secondary pupils shall show that they have met the state civics and government standards for such instruction through the successful completion of the civics test, participation in a course in United States government and politics, and participation in an associated college credit-bearing examination or alternate path established by the local school district or charter school that shows the student has met the standards. Assessment of standards shall be included as part of the course at the secondary level. Students graduating prior to January 1, 2029, who have satisfied the requirement outlined in this subsection prior to the start of the 2026-2027 school year are exempt from completing the requirement provided for in subsection (16) of this section.

(16) Beginning with the 2027-2028 school year, all secondary pupils shall show that they have met the state civics and government standards for such instruction through the successful completion of the civics test and participation in a course in United States government and history, or participation in an associated college credit-bearing course or examination. Assessment of standards shall be included as part of the course at the secondary level. A school district or public charter school shall document on the pupil's transcript that the pupil has passed the civics test pursuant to this subsection. The state superintendent of public instruction or the superintendent's designee shall determine the method and manner in which to administer the civics test. A pupil may take the civics test at any time after enrolling in grade 9 and may repeat the test as often as necessary to pass the test. The applicability of this subsection to a pupil who receives special education services shall be governed by such pupil's individualized education plan. For the purposes of this subsection, "civics test" means an assessment developed by the state superintendent of public instruction or the superintendent's designee with the approval of the state board of education that includes but is not limited to the following components from the Idaho content standards in American government:

(a) The influence of the history of Western civilization on the founding of the American republic, including Greek democracy, Roman republicanism, and the English political and legal tradition;

(b) The arguments presented in the declaration of independence;

(c) The governing principles at the foundation of the United States constitution, including popular sovereignty, rule of law, federalism, separation of powers, checks and balances, judicial review, and majority rule and protection of minority rights;

(d) The role of the bill of rights in limiting the powers of government and protecting individual rights;

(e) The enumerated powers of the United States congress, including appropriations, declarations of war, commerce, confirmations, necessary and proper clauses, and oversight and impeachment;

(f) The legislative process of how a bill becomes law;

(g) Article II of the United States constitution as it relates to the executive branch and the powers of the president, along with the development and growth of administrative agencies;

(h) The function and development of the electoral college;

(i) The power of the judiciary as conferred by article III of the United States constitution and legal precedents that developed these powers;

(j) The functions, powers, interactions, and dynamic relationships among federal, state, local, and tribal governments, including the tenth amendment to the United States constitution and legal precedent; and

(k) The organization and powers of state and local government as described in the constitution of the state of Idaho, including the legislative, executive, and judicial branches.

(17) Components of the assessment developed pursuant to subsection (16) of this section shall be reviewed concurrently with the review of the Idaho content standards in American government. The state board of education may promulgate rules, subject to legislative approval, implementing the provisions of subsection (16) of this section.

(18) Subject to state-appropriated funds, the state department of education shall make available funding for high quality professional development focused on advanced high school civics Western civilization, or United States history courses. Allowable expenses include summer institutes offered at different sites throughout the United States and workshops to help high school teachers prepare students for success in college-level courses.

(19) A public charter school may request from the state board of education an exemption from subsections (2)(c) and (4) through (7) of this section based on the public charter school's unique mission as outlined in its performance certificate.

History:

[33-1602, added 1963, ch. 13, sec. 177, p. 27; am. 1991, ch. 287, sec. 1, p. 738; am. 2000, ch. 341, sec. 1, p. 1146; am. 2000, ch. 468, sec. 1, p. 1450; am. 2014, ch. 97, sec. 22, p. 285; am. 2015, ch. 293, sec. 1, p. 1171; am. 2016, ch. 98, sec. 1, p. 295; am. 2020, ch. 26, sec. 1, p. 59; am. 2025, ch. 279, sec. 1, p. 1183; am. 2026, ch. 317, sec. 1, p. 1270.]
Idaho Code § 33-1004E — Idaho Code / Title 33 / Chapter 10 / Section 33-1004E
33-1004E DISTRICT'S SALARY-BASED APPORTIONMENT.
Status: in_force

33-1004E. District's salary-based apportionment. Each district shall be entitled to a salary-based apportionment calculated as provided in this section.

(1) To determine the apportionment for instructional staff, take the amounts indicated on the career ladder table plus the amounts associated with the additional education allocation amounts pursuant to section 33-1004B, Idaho Code, and calculate the weighted average. The amount so determined shall be multiplied by the district staff allowance for instructional staff determined as provided in section 33-1004(2), Idaho Code. Full-time instructional staff salaries shall be determined from a salary schedule developed by each district and submitted to the state department of education. No full-time instructional staff member or pupil service staff member on the residency compensation rung shall be paid less than the minimum dollar amount on the career ladder residency compensation rung pursuant to section 33-1004B, Idaho Code, for the applicable fiscal year.

(2) Effective July 1, 2022, no full-time instructional staff member or pupil service staff member on the professional or advanced professional compensation rung shall be paid less than the minimum dollar amount on the career ladder professional compensation rung pursuant to section 33-1004B, Idaho Code, for the applicable fiscal year.

(3) Effective July 1, 2025, no full-time instructional staff member or pupil service staff member on the advanced professional compensation rung shall be paid less than the minimum dollar amount on the advanced professional compensation rung pursuant to section 33-1004B, Idaho Code, for the applicable fiscal year.

(4) If an instructional staff member has been certified by the national board for professional teaching standards, the staff member shall receive two thousand dollars ($2,000) per year for five (5) years from the year in which national board certification was earned. The district staff allotment shall be increased by two thousand dollars ($2,000) for each national board-certified instructional staff member who earned national board certification; provided however, that no such awards shall be paid for the period July 1, 2010, through June 30, 2011, nor shall any liabilities accrue or payments be made pursuant to this section in the future to any individuals who would have otherwise qualified for a payment during this stated time period. The resulting amount is the district's salary-based apportionment for instructional staff. For purposes of this section, teachers qualifying for the salary increase shall be those who have been recognized as national board-certified teachers as of July 1 of each year.

(5) To determine the apportionment for pupil service staff, take the amounts indicated on the career ladder table plus the amounts associated with the additional education allocation amounts pursuant to section 33-1004B, Idaho Code, and calculate the weighted average. If the district does not employ any pupil service staff, the district's pupil service staff average salary shall equal the district's instructional staff average salary for purposes of calculating pupil service salary-based apportionment. The amount so determined shall be multiplied by the district staff allowance for pupil service staff determined pursuant to section 33-1004(3), Idaho Code. Full-time pupil service staff salaries shall be determined from a salary schedule developed by each district and submitted to the state department of education. The resulting amount is the district's salary-based apportionment for pupil service staff. No full-time pupil service staff member shall be paid less than the minimum dollar amount on the career ladder residency compensation rung pursuant to section 33-1004B, Idaho Code, for the applicable fiscal year.

(6) To determine the apportionment for district administrative staff, first determine the district average experience and education index by placing all eligible certificated administrative employees on the statewide index provided in section 33-1004A, Idaho Code. The resulting average is the district index. If the district does not employ any administrative staff, the district administrative index shall equal the statewide average index for purposes of calculating administrative salary-based apportionment. On and after July 1, 2025, the district administrative staff index shall be multiplied by the base salary of forty-six thousand six hundred sixty-eight dollars ($46,668). The amount so determined shall be multiplied by the district staff allowance for administrative staff determined as provided in section 33-1004(4), Idaho Code. The resulting amount is the district's salary-based apportionment for administrative staff.

(7) On and after July 1, 2025, to determine the apportionment for classified staff, multiply forty-one thousand nine hundred sixty-four dollars ($41,964) by the district classified staff allowance determined as provided in section 33-1004(5), Idaho Code. The amount so determined is the district's apportionment for classified staff.

(8) The district's salary-based apportionment shall be the sum of the apportionments calculated in subsections (1), (4), (5), (6) and (7) of this section, plus the benefit apportionment as provided in section 33-1004F, Idaho Code.

History:

[33-1004E, added 2016, ch. 245, sec. 8, p. 653; am. 2016, ch. 257, sec. 4, p. 676; am. 2016, ch. 306, sec. 4, p. 862; am. 2017, ch. 252, sec. 4, p. 624; am. 2017, ch. 254, sec. 4, p. 627; am. 2018, ch. 229, sec. 4, p. 538; am. 2018, ch. 283, sec. 4, p. 669; am. 2019, ch. 119, sec. 4, p. 445; am. 2019, ch. 121, sec. 4, p. 449; am. 2020, ch. 270, sec. 4, p. 788; am. 2020, ch. 272, sec. 3, p. 802; am. 2020, ch. 298, sec. 4, p. 867; am. 2020, ch. 300, sec. 4, p. 871; am. 2021, ch. 312, sec. 4, p. 927; am. 2021, ch. 338, sec. 4, p. 1029; am. 2022, ch. 247, sec. 3, p. 810; am. 2022, ch. 248, sec. 3, p. 814; am. 2022, ch. 264, sec. 1, p. 850; am. 2023, ch. 224, sec. 3, p. 695; am. 2023, ch. 277, sec. 3, p. 831; am. 2024, ch. 205, sec. 10, p. 725; am. 2024, ch. 303, sec. 11, p. 1021; am. 2025, ch. 211, sec. 16, p. 982; am. 2025, ch. 287, sec. 4, p. 1215.]
Idaho Code § 33-132 — Idaho Code / Title 33 / Chapter 1 / Section 33-132
33-132 LOCAL SCHOOL BOARDS — INTERNET FILTERING REQUIRED.
Status: in_force

33-132. Local School Boards — Internet filtering required. (1) As a condition for receiving moneys from the state general fund, each local school district and public charter school shall have internet content filters that shall be included as part of any wireless internet access made available to children. The content filters shall:

(a) Prohibit and prevent the use of school computers and other school owned technology-related services from sending, receiving, viewing, or downloading materials that are deemed to be harmful to minors, as defined by section 18-1514, Idaho Code; and

(b) Filter or block internet access to obscene materials, materials harmful to minors, and materials that depict the sexual exploitation of a minor, as defined in chapter 15, title 18, Idaho Code.

(2) The filtering solution shall be configurable to school district and public charter school policies regarding acceptable, age appropriate internet content. The content filtering shall include the ability:

(a) For each school district and public charter school to manage its own filtering policies, including the decision to block specific categories of content and to maintain its own whitelist and blacklist overrides;

(b) To provide individual school district and public charter school utilization and filtering reports, including the most frequently visited websites, the most frequently visited categories, the most frequently blocked websites, the most frequently used search terms, and the top authenticated users;

(c) To audit all changes to content filtering; and

(d) For all reporting and management of content filtering to be available through any internet-connected browser and efficiently perform all content filtering functions.

(3) A school district or public charter school may offer digital or online library resources to students in kindergarten through grade 12 only if the vendor or other person or entity providing the resources verifies that all the resources will comply with the provisions of subsection (4) of this section.

(4) Digital or online library resources offered by school districts or public charter schools to students in kindergarten through grade 12 shall have safety policies and technology protection measures that:

(a) Prohibit and prevent a user from sending, receiving, viewing, or downloading materials that are deemed to be harmful to minors, as defined in section 18-1514, Idaho Code; and

(b) Filter or block access to obscene materials, materials harmful to minors, and materials that depict the sexual exploitation of a minor, as defined in chapter 15, title 18, Idaho Code.

(5) Notwithstanding any contract provision to the contrary, if a provider of digital or online library resources fails to comply with the requirements of subsection (4) of this section, the school district or public charter school may withhold further payments, if any, to the provider pending verification of compliance with the provisions of subsection (4) of this section.

(6) If a provider of digital or online library resources fails to timely verify that the provider is in compliance with the requirements of subsection (4) of this section, the school district or public charter school may consider the provider's act of noncompliance a breach of contract.

(7) School districts and public charter schools shall have policies that:

(a) Establish appropriate disciplinary measures to be taken against persons violating the policy provided for in this section;

(b) Include a component of internet safety for students that is integrated into the school district's or public charter school's instructional program; and

(c) Inform the public that administrative procedures have been adopted to enforce the policy provided for in this section and to handle complaints about such enforcement, and that such procedures are available for review at the school district or public charter school office.

(8) The policy provided for in subsection (1) of this section may include terms, conditions, and requirements deemed appropriate by the school district's board of trustees or the public charter school's governing board, including but not limited to requiring written parental authorization for internet use by minors or differentiating acceptable uses among elementary, middle, and high school students.

(9) The district's superintendent is hereby authorized to take reasonable measures to implement and enforce the provisions of this section.

History:

[(33-132) 33-131, added 2010, ch. 282, sec. 1, p. 759; am. and redesig. 2011, ch. 151, sec. 13, p. 424; am. 2025, ch. 198, sec. 1, p. 907; am. 2026, ch. 251, sec. 7, p. 1058.]
Idaho Code § 33-2603 — Idaho Code / Title 33 / Chapter 26 / Section 33-2603
33-2603 CITIES MAY ESTABLISH TAX SUPPORTED LIBRARIES.
Status: in_force

33-2603. Cities may establish tax supported libraries. The city council of every city shall have power to establish a public library, and for such purpose may annually levy and cause to be collected a tax up to but not exceeding one-tenth percent (.10%) of market value for assessment purposes or fund a library out of allocations from the city's general fund. All such moneys shall be kept by the city treasurer separate and apart from other moneys of the city and be used exclusively for library purposes, provided that every city shall have power to contract for specified library service from an existing library, or become part of an existing library district, following the procedure outlined in section 33-2709, Idaho Code.

History:

[33-2603, added 1993, ch. 186, sec. 4, p. 468.]
Idaho Code § 33-2214 — Idaho Code / Title 33 / Chapter 22 / Section 33-2214
33-2214 IDAHO CAREER READY STUDENTS PROGRAM.
Status: in_force

33-2214. Idaho career ready students Program. (1) There is hereby established the Idaho career ready students program to create additional opportunities for career technical education programs across Idaho that are responsive to community and statewide workforce needs while preparing Idaho secondary students in grades 7 through 12 for careers after graduation. For the purpose of this section, "program" means the Idaho career ready students program.

(2) There is hereby established in the state treasury the Idaho career ready students program fund to be administered by the state department of education. Moneys in the fund shall consist of:

(a) Legislative appropriations;

(b) Interest earned on idle moneys in the fund; and

(c) Contributions from other sources, such as donations or gifts.

(3) There is hereby established in the state department of education, with the superintendent of public instruction as the department's executive officer and a member of the state board for career technical education, the Idaho career ready students program council.

(a) The council shall be comprised of eleven (11) members as follows:

(i) The state superintendent of public instruction or the superintendent's designee, who shall serve as the chair of the council;

(ii) The administrator for the division of career technical education;

(iii) Two (2) persons teaching secondary-level career technical education courses, as appointed by the career technical educators of Idaho (CTEI) in its capacity as the professional association for career technical educators in Idaho;

(iv) One (1) person teaching a postsecondary career technical education course, as appointed by CTEI in its capacity as the professional association for career technical educators in Idaho;

(v) Three (3) persons representing various industries as appointed by the governor;

(vi) One (1) person representing the Idaho workforce development council as appointed by such council;

(vii) One (1) member of the house of representatives as appointed by the speaker of the house of representatives; and

(viii) One (1) member of the senate as appointed by the president pro tempore of the senate.

(b) Each member of the council shall be appointed for a term of three (3) years. If a vacancy occurs, a new council member shall be appointed in accordance with the provisions of the original appointment for the unexpired portion of the vacated term. Council members may be replaced by the applicable appointing authority, in consultation with the council chair, because of poor attendance, lack of participation in the council's work, or malfeasance in office.

(4) The council shall establish a process for accepting Idaho career ready students program proposals from local education agencies on an individual or regional basis. The council shall determine eligible expenses for the program, including but not limited to capital costs associated with building programming and initial investments for partnerships between local education agencies, local industry, and, as practicable, community colleges to create apprenticeships or local pathways. The council shall further establish a process for prioritizing program grants and awarding grants to local education agencies on either an annual or multi-year basis.

(5) Preference in grant awards shall be given to local education agencies with proposals that are responsive to community and statewide workforce needs, including local education agencies that create partnerships with local industry and other stakeholders, propose a plan that is sustainable and meets local needs, and have challenges accessing resources to sustain high quality career technical programming for secondary students in grades 7 through 12, especially in rural communities.

(6) The superintendent of public instruction shall report annually to the governor, the legislature, and the state board for career technical education on the administration and outcomes of the program. The council shall determine the outcome measures for the program.

History:

[33-2214, added 2023, ch. 231, sec. 1, p. 715.]
Idaho Code § 33-5104 — Idaho Code / Title 33 / Chapter 51 / Section 33-5104
33-5104 COUNSELING.
Status: in_force

33-5104. Counseling. To the extent possible, the school district shall provide counseling services to pupils and their parents or guardians before the pupil enrolls in courses under the provisions of this chapter to ensure that the pupil and parents or guardian are fully aware of the risks and possible consequences of enrolling in postsecondary courses. Counseling services shall include information on the program including who may enroll, what institutions and sources are available under this program, the decision-making process for granting academic or career technical credits, financial arrangements for tuition, books and materials, eligibility criteria for transportation aid, available support services, the need to arrange an appropriate schedule, consequences of failing or not completing a course in which the pupil enrolls, the effect of enrolling in this program on the pupil's ability to complete the required high school graduation requirements, financial aid and the academic and social responsibilities that must be assumed by the pupil and the parents or guardian. The person providing counseling shall encourage pupils and their parents or guardian to also use available counseling services at the postsecondary institutions prior to the semester of enrollment to ensure that anticipated plans are appropriate and adequate.

History:

[33-5104, added 1997, ch. 283, sec. 1, p. 860; am. 2014, ch. 27, sec. 3, p. 38; am. 2017, ch. 88, sec. 1, p. 235.]
Idaho Code § 33-3726 — Idaho Code / Title 33 / Chapter 37 / Section 33-3726
33-3726 HIGHER EDUCATION STABILIZATION FUND.
Status: in_force

33-3726. higher education stabilization fund. There is hereby created in the state treasury a fund to be known as the higher education stabilization fund. The higher education stabilization fund shall consist of three (3) separate accounts as follows:

(1) An account designated the strategic interest account shall consist of interest earnings from the investment of moneys deposited with the state treasurer into unrestricted current fund 0650-00, as designated by the state controller in the statewide accounting and reporting system. Annually on July 1, or as soon thereafter as is practicable, the state controller shall transfer such interest earnings to the strategic interest account. All moneys so transferred shall be expended for the maintenance, use and support of institutions that have deposited moneys into unrestricted current fund 0650-00. All such expenditures shall be subject to legislative appropriation. Institutions shall receive a pro rata share of a legislative appropriation based upon the amount of moneys any such institution has deposited into unrestricted current fund 0650-00 in the current fiscal year compared to the total amount deposited by all institutions in the current fiscal year. Interest earned from the investment of moneys in the strategic interest account shall be retained in the strategic interest account.

(2) An account designated the surplus stabilization account shall consist of any other moneys made available through legislative transfers, appropriations or otherwise provided by law, or from any other governmental source. All such moneys shall be expended for the maintenance, use and support of institutions named in section 33-3803, Idaho Code. Such expenditures shall be made subject to legislative appropriation to the state board of education for college and universities. Distribution of such moneys to institutions shall be based upon the state board of education's established practices for the allocation of moneys to such institutions. Interest earned from the investment of moneys in this surplus stabilization account shall be retained in this surplus stabilization account.

(3) An account designated the surplus stabilization account for college of eastern Idaho, north Idaho college, college of southern Idaho, and college of western Idaho shall consist of any other moneys made available through legislative transfers, appropriations, or otherwise provided by law, or from any other governmental source. All such moneys shall be expended for the maintenance, use, and support of college of eastern Idaho, north Idaho college, college of southern Idaho, and college of western Idaho. Such expenditures shall be made subject to legislative appropriation to the community colleges. Distribution of such moneys shall be based on the state board of education's established practices for the allocation of moneys to the community colleges. Interest earned from the investment of moneys in this surplus stabilization account shall be retained in this surplus stabilization account.

History:

[33-3726, added 2010, ch. 69, sec. 1, p. 117; am. 2016, ch. 25, sec. 24, p. 48; am. 2016, ch. 125, sec. 1, p. 359; am. 2018, ch. 17, sec. 5, p. 25; am. 2020, ch. 34, sec. 1, p. 69.]
Idaho Code § 33-2708 — Idaho Code / Title 33 / Chapter 27 / Section 33-2708
33-2708 ADDITION OF TERRITORY NOT HAVING A TAX SUPPORTED LIBRARY TO A LIBRARY DISTRICT — ALTERNATE METHOD.
Status: in_force

33-2708. Addition of territory not having a tax supported library to a library district — Alternate method. (1) An alternate method of adding territory to a library district may be initiated by a petition or petitions as set forth in section 33-2704, Idaho Code, except that the petitions must be signed by sixty percent (60%) of the qualified electors in the area to be annexed.

(2) A true copy of the petitions shall be transmitted to the board of trustees of the library district and to the board of county commissioners in each county affected. The board of trustees may approve or disapprove the petition, and shall give notice of its decision to the board of county commissioners in each county affected.

(3) When the notice carries the approval of the board of trustees of the district, the board of county commissioners of the county in which the petition arose shall proceed with the required hearing and resolution as outlined in section 33-2704, Idaho Code.

(4) When the proposal has the approval of the board of county commissioners, the board of trustees of the district and the board of county commissioners shall follow these procedures:

(a) If the proposal has been approved by the majority herein required, the board of county commissioners of the home county of the district shall enter its order amending the boundaries of the district, including a map drawn in a draftsmanlike manner, and transmit a copy of the order to the board of county commissioners in the county in which the petition arose. A copy of this order shall also be sent to the board of library commissioners.

(b) The board of trustees of the library district shall transmit a copy of the order to the county recorder, the county assessor of the home county, and the state tax commission in a timely manner, but no later than December 15, in the calendar year in which the order was granted.

(c) Addition of new territory to an existing library district shall not be considered an initial establishment. The existing board of trustees shall continue to serve for the terms for which elected. When a vacancy occurs, appointment shall be made as provided in section 33-2716, Idaho Code.

History:

[33-2708, added 1990, ch. 378, sec. 5, p. 1049; am. 1996, ch. 71, sec. 9, p. 222; am. 2006, ch. 235, sec. 22, p. 712.]
Idaho Code § 33-1605 — Idaho Code / Title 33 / Chapter 16 / Section 33-1605
33-1605 HEALTH AND PHYSICAL FITNESS — EFFECTS OF ALCOHOL, TOBACCO, STIMULANTS AND NARCOTICS.
Status: in_force

33-1605. Health and physical fitness — Effects of alcohol, tobacco, stimulants and narcotics. In all school districts there shall be instruction in health and physical fitness, including effects of alcohol, stimulants, tobacco and narcotics on the human system. The state board of education shall cause to be prepared such study guides, materials and reference lists as it may deem necessary to make effective the provisions of this section.

History:

[33-1605, added 1963, ch. 13, sec. 180, p. 27.]
Idaho Code § 33-524 — Idaho Code / Title 33 / Chapter 5 / Section 33-524
33-524 BILITERACY DIPLOMA.
Status: in_force

33-524. biliteracy diploma. (1) For purposes of this section, "world language" means a language other than English.

(2) A public school student who successfully completes all graduation requirements established by the state board of education may receive a high school diploma bearing a state seal of biliteracy if the student:

(a) Demonstrates proficiency in English according to an assessment or other method designated by the state board of education; and

(b) Demonstrates proficiency in at least one (1) world language by:

(i) Passing a foreign language advanced placement examination with a score of three (3) or higher;

(ii) Passing an international baccalaureate examination with a score of four (4) or higher;

(iii) Demonstrating intermediate mid level proficiency or higher in the world language based on the American council on the teaching of foreign languages (ACTFL) proficiency guidelines, using assessments approved by the state board of education;

(iv) Qualifying for four (4) competency-based credits by demonstrating proficiency in the world language at the intermediate mid level or higher based on the ACTFL proficiency guidelines, according to the school district's or public charter school's policy and procedure for competency-based credits for world languages; or

(v) Demonstrating proficiency in speaking, writing, and reading the world language through other national or international assessments approved by the state board of education at a level comparable to the intermediate mid level or higher in the ACTFL proficiency guidelines.

(3) This section does not require a student to complete more than the total credits required to graduate as determined by the state board of education.

(4) Each school district and public charter school may create a diploma indicating that a student has earned the state seal of biliteracy for students who meet the requirements of this section.

(5) The state board of education shall promulgate rules necessary to implement the provisions of this section.

History:

[33-524, added 2020, ch. 89, sec. 1, p. 240.]
Idaho Code § 33-2204 — Idaho Code / Title 33 / Chapter 22 / Section 33-2204
33-2204 MEETINGS OF STATE BOARD.
Status: in_force

33-2204. Meetings of state board. The state board of education, when acting as the state board for career technical education, shall hold four (4) regular meetings annually at such time and place as may be directed by said board, but special meetings may be called at any time and at a place designated in said call by the president.

History:

[(33-2204) 1919, ch. 53, part of sec. 2, p. 161; C.S., sec. 1005; I.C.A., sec. 32-1704; am. 1999, ch. 329, sec. 7, p. 858; am. 2016, ch. 25, sec. 13, p. 44.]
Idaho Code § 33-5304 — Idaho Code / Title 33 / Chapter 53 / Section 33-5304
33-5304 PROGRAM ELIGIBILITY — OPTION TO FOREGO GUARANTY.
Status: in_force

33-5304. Program eligibility — Option to forego guaranty.

(1) (a) Any school district through its board of trustees or its superintendent may apply to the state treasurer for the state's guaranty of its eligible bonds under this chapter. Where voter approval of a bond issuance is required by law, the school district must have such voter approval prior to its application for the state's guaranty.

(b) The state treasurer may charge the school district an application fee equal to the greater of the estimated costs to the state treasurer to process the application or five hundred dollars ($500), which shall be payable at the time the school district applies for a guaranty under this chapter. The state treasurer may charge a transaction fee of not more than five one-hundredths of one percent (.05%) of the total principal and interest payable on the school district's bonds. Such transaction fee shall be payable to the state treasurer at the time the school district issues the bonds guaranteed under this chapter and the application fee paid by the school district shall be credited against such transaction fee.

(c) There is hereby created in the state treasury the "Idaho School Bond Guaranty Administrative Fund" which shall be credited:

(i) Fees collected pursuant to this section;

(ii) Interest earned on the investment of idle moneys in the fund, which shall be paid to the fund; and

(iii) All other moneys as may be provided by law.

Moneys in the fund shall be continuously appropriated to the state treasurer, and any moneys remaining in the fund at the end of each fiscal year shall not be appropriated to any other fund. Moneys in the fund shall be used to defray costs associated with the implementation, administration, and oversight of the Idaho school bond guaranty act.

(d) The state superintendent of public instruction shall provide an analysis of an applicant school district's fiscal solvency upon the request of the state treasurer.

(e) After reviewing the request, the analysis of the superintendent of public instruction, the reports submitted by the school district pursuant to section 33-5305, Idaho Code, and other information available to the state treasurer, the state treasurer shall determine in good faith whether or not the financial affairs and condition of a school district are such that it would be imprudent for the state to guarantee the bonds of that school district. The state treasurer shall also determine in good faith whether the guarantee of the bonds of the school district will adversely impact the credit rating of the state of Idaho or other financing programs benefiting the state of Idaho.

(f) Unless the state treasurer finds that the criteria set forth in subsection (1)(e) of this section prevents the issuance of a certificate of eligibility, the state treasurer shall promptly issue a certificate of eligibility and provide it to the requesting school district.

(g) (i) The school district receiving the certificate and all other persons may rely on the certificate as evidencing eligibility for the guaranty for one (1) year from and after the date of the certificate, without making further inquiry of the state treasurer during the year. The certificate of eligibility shall state that the guaranty is good for the life of the bond. This guaranty shall be printed on all bonds guaranteed pursuant to this chapter or shall be an addendum attached to all bonds guaranteed pursuant to this chapter.

(ii) The certificate of eligibility is valid for the life of the bond, even if the state treasurer later determines that the school district is ineligible for future guaranties.

(2) Any school district that chooses to forego the benefits of the guaranty provided by this chapter for a particular issue of bonds may do so by not referring to this chapter on the face of its bonds.

(3) Any school district that has bonds, the principal of or interest on which has been paid, in whole or in part, by the state under this chapter may not issue any additional bonds guaranteed by this act until:

(a) All payment obligations of the school district to the state under the default avoidance program are satisfied; and

(b) The state treasurer certifies in writing, to be kept on file by the state treasurer, that the school district is fiscally solvent.

(4) Bonds not guaranteed by this chapter are not included in the definition of "bond" in section 33-5302, Idaho Code, as used generally in this chapter, are not subject to the requirements of and do not receive the benefits of this chapter.

History:

[33-5304, added 1999, ch. 328, sec. 1, p. 842; am. 2009, ch. 185, sec. 2, p. 602.]