Idaho Code § 33-1608 — Idaho Code / Title 33 / Chapter 16 / Section 33-1608
33-1608 FAMILY LIFE AND SEX EDUCATION — LEGISLATIVE POLICY.
Status: in_force

33-1608. Family life and sex education — Legislative policy. The legislature of the state of Idaho believes that the primary responsibility for family life and sex education, including moral responsibility, rests upon the home and the church and the schools can only complement and supplement those standards which are established in the family. The decision as to whether or not any program in family life and sex education is to be introduced in the schools is a matter for determination at the local district level by the local school board of duly selected representatives of the people of the community. If such program is adopted, the legislature believes that:

(1) Major emphasis in such a program should be to assist the home in giving them the knowledge and appreciation of the important place the family home holds in the social system of our culture, its place in the family and the responsibility which will be there much later when they establish their own families;

(2) The program should supplement the work in the home and the church in giving youth the scientific, physiological information for understanding sex and its relation to the miracle of life, including knowledge of the power of the sex drive and the necessity of controlling that drive by self-discipline;

(3) The program should focus upon helping youth acquire a background of ideals and standards and attitudes which will be of value to him now and later when he chooses a mate and establishes his own family; and

(4) The program should include instruction relating to available adoption resources and current adoption practices in the United States, as a means of providing for the well-being of a child, and information pertaining to the Idaho safe haven act, chapter 82, title 39, Idaho Code.

History:

[33-1608, added 1970, ch. 119, sec. 1, p. 282; am. 2024, ch. 131, sec. 2, p. 529.]
Idaho Code § 33-2905 — Idaho Code / Title 33 / Chapter 29 / Section 33-2905
33-2905 ASSENT TO PURNELL ACT — AGRICULTURAL EXPERIMENTATION.
Status: in_force

33-2905. Assent to Purnell act — Agricultural experimentation. The assent of the legislature of the state of Idaho is hereby given to all provisions and requirements of an act of Congress approved February 24, 1925, commonly known as "The Purnell Act" and entitled "An act to authorize more complete endowment of agricultural experimentation and for other purposes," and the acts amendatory thereof and supplementary thereto.

History:

[(33-2905) 1927, ch. 22, sec. 1, p. 27; I.C.A., sec. 32-2405.]
Idaho Code § 33-5010 — Idaho Code / Title 33 / Chapter 50 / Section 33-5010
33-5010 UNIFORMITY OF APPLICATION AND CONSTRUCTION.
Status: in_force

33-5010. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

History:

[33-5010, added 2007, ch. 173, sec. 2, p. 517.]
Idaho Code § 33-1031 — Idaho Code / Title 33 / Chapter 10 / Section 33-1031
33-1031 EMPOWERING PARENTS GRANT PROGRAM.
Status: in_force

33-1031. empowering parents grant program. [EFFECTIVE UNTIL JULY 1, 2028] (1) There is hereby established the empowering parents grant program, to be administered by the board according to the provisions of this section. The purpose of the program is to provide education grants for eligible students.

(2) In order to administer the program, the board:

(a) Shall create and administer, or designate a third party to create and administer, a grant distribution platform;

(b) Shall establish a grant application process for parents;

(c) Shall establish provisions for the reimbursement of any eligible education expense for which reimbursement is required and direct payment from the platform is not permitted pursuant to section 33-1030(3)(a), Idaho Code;

(d) Shall, subject to appropriation, award grants. Grant awards shall be made in the following order of preference:

(i) First to eligible students whose household has an adjusted gross income under sixty thousand dollars ($60,000), as verified by the Idaho state tax commission using the prior year's tax returns. Notification of grant awards for students in this category shall be made within thirty (30) days of application, and grant funds shall be made available for participants' use as soon as practicable, but no later than thirty (30) days after the notification of a grant award;

(ii) Starting sixty (60) days after grant awards in a fiscal year are made under subparagraph (i) of this paragraph, to eligible students whose household has an adjusted gross income under seventy-five thousand dollars ($75,000), as verified by the Idaho state tax commission using the prior year's tax returns; and

(iii) Starting sixty (60) days after grant awards in a fiscal year are made under subparagraph (ii) of this paragraph, to all other eligible students on a first-come, first-served basis until all available funds are distributed; and

(e) May take such other actions as are necessary to implement and enforce the provisions of this section.

(3) Prior to the award of a grant, the parent of a participant shall agree to verify program compliance. The parent of a participant shall use grant funds only for eligible education expenses. If a parent is found to misuse grant funds, then neither the parent nor another parent of the student living in the same household may apply for a grant in the future for any student, provided that the parent may appeal the finding to the board.

(4) Grant funds shall be expended within three (3) years after they are awarded. Any unused funds at the end of the three (3) year period shall revert to the empowering parents grant program fund established in section 33-1034, Idaho Code. At any time before the three (3) year period ends, unused funds may be forfeited and transferred from the participant account to the program fund.

(5) Grant awards per family shall be capped at three thousand dollars ($3,000), regardless of the number of eligible students in the family.

(6) No grant awards shall be made under the provisions of this section on or after the effective date of this act. Any grants awarded prior to the effective date of this act may be used as provided in this section.

History:

[33-1031, added 2022, ch. 13, sec. 3, p. 30; am. 2024, ch. 277, sec. 2, p. 952; am. 2025, ch. 328, sec. 6, p. 1352.]
Idaho Code § 33-3734 — Idaho Code / Title 33 / Chapter 37 / Section 33-3734
33-3734 PRESIDENT SEARCHES.
Status: in_force

33-3734. president searches. (1) For all president searches announced and conducted by the Idaho state board of education for state institutions of higher education, the board shall:

(a) Conduct a thorough search process that includes periodic updates to the public; and

(b) Assemble a search committee to recommend a candidate to the board for the board's final decision.

(2) The search committee shall consist of, at a minimum:

(a) Two (2) members of the Idaho state board of education;

(b) Two (2) individuals currently employed by the state institution of higher education searching for a president, one (1) of whom shall be a member of the faculty;

(c) Two (2) alumni of the state institution of higher education searching for a president;

(d) One (1) member of the foundation of the state institution of higher education searching for a president; and

(e) One (1) at-large community member.

(3) The search committee shall:

(a) Respect and protect candidate confidentiality; and

(b) Review prospective candidates and make its recommendation to the board in closed executive sessions.

(4) If the board is not satisfied with the finalist selected and recommended by the search committee, the board may direct the search committee to resume the search process until the board is satisfied with the committee's recommendation.

(5) The name of the sole finalist shall be made available to the public no less than ten (10) business days before the final decision is made by the board.

(6) The board shall take final hiring action of a president in an open and public board meeting.

History:

[33-3734, added 2026, ch. 3, sec. 1, p. 10.]
Idaho Code § 33-4601 — Idaho Code / Title 33 / Chapter 46 / Section 33-4601
33-4601 DEFINITIONS.
Status: in_force

33-4601. definitions. For purposes of this chapter, the following definitions shall apply:

(1) "Credit" means middle level or high school credit.

(2) "Dual credit" is as defined in section 33-5102, Idaho Code.

(3) "Full credit load" means at least twelve (12) credits per school year for grades 7-12.

(4) "Overload course" means a course taken that is in excess of a full credit load and outside of the regular school day, including summer courses.

(5) "Parent" means parent or parents or guardian or guardians.

(6) "Public schools" means an Idaho school district, charter school or Idaho tribal school.

(7) "School year" means the normal school year that begins upon the conclusion of the spring semester leading up to the break between grades and ends upon the beginning of the same break of the following year.

History:

[33-4601, added 2015, ch. 58, sec. 4, p. 152; am. 2016, ch. 166, sec. 1, p. 450; am. 2018, ch. 100, sec. 1, p. 209.]
Idaho Code § 33-1513 — Idaho Code / Title 33 / Chapter 15 / Section 33-1513
33-1513 PUPIL TRANSPORTATION SUPPORT PROGRAM FUND.
Status: in_force

33-1513. Pupil transportation support program fund. (1) In order to promote school transportation safety and awareness in Idaho and to help defray costs associated with Idaho's oversight of the statewide pupil transportation support program, there is hereby created in the state treasury the pupil transportation support program fund to which shall be credited:

(a) Moneys as may be provided by law; and

(b) Interest earned on the investment of idle moneys in the fund, which shall be paid to the pupil transportation support program fund.

(2) Moneys in the fund shall be continuously appropriated to the department of education, and any moneys remaining in the fund at the end of each fiscal year shall not be appropriated to any other fund.

(3) Moneys in the fund shall be used only for educational programs promoting school transportation safety and awareness; provided however, the department of education is authorized to retain a portion of the moneys, not to exceed ten percent (10%) of annual revenues, to help defray costs associated with the implementation, administration and oversight of the statewide pupil transportation support program.

History:

[33-1513, added 2004, ch. 301, sec. 1, p. 841; am. 2018, ch. 169, sec. 6, p. 355.]
Idaho Code § 33-2128 — Idaho Code / Title 33 / Chapter 21 / Section 33-2128
33-2128 REMEDIES OF AN OBLIGEE OF COMMISSION.
Status: in_force

33-2128. Remedies of an obligee of commission. An obligee of a commission shall have the right in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee;

(a) By mandamus, suit, action or proceedings at law or in equity to compel said commission and the commissioners, officers, agents or employees thereof to perform each and every term, provision and covenant contained in any contract of said commission with or for the benefit of such obligee, and to require the carrying out of any or all such covenants and agreements of said commission or the district and the fulfillment of all duties imposed upon said authority by this act.

(b) By suit, action or proceeding in equity, to enjoin any acts or things which may be unlawful, or the violation of any of the rights of such obligee of said commission.

History:

[33-2128, added 1957, ch. 87, sec. 13, p. 137.]
Idaho Code § 33-3003 — Idaho Code / Title 33 / Chapter 30 / Section 33-3003
33-3003 BODY POLITIC AND CORPORATE — BOARD OF TRUSTEES.
Status: in_force

33-3003. Body politic and corporate — Board of trustees. The Idaho State University 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 Idaho State University is vested in the state board of education, which shall act as the board of trustees of the Idaho State University.

History:

[33-3003, added 1963, ch. 12, sec. 3, p. 23.]
Idaho Code § 33-6502 — Idaho Code / Title 33 / Chapter 65 / Section 33-6502
33-6502 DEFINITIONS.
Status: in_force

33-6502. definitions. As used in this chapter:

(1) "Educational loans" means all loans made pursuant to a federal loan program, except federal parent loans for undergraduate students (PLUS), as provided in 20 U.S.C. 1078-2.

(2) "Federal loan program" means educational loans authorized by 20 U.S.C. 1071 et seq., 20 U.S.C. 1087a et seq., and 20 U.S.C. 1087aa et seq.

(3) "Rural and underserved educator" means a full-time, standard certificated individual employed as an instructional or pupil service employee in an eligible Idaho school district or at an eligible public charter school.

History:

[33-6502, added 2022, ch. 227, sec. 1, p. 746.]
Idaho Code § 33-1701 — Idaho Code / Title 33 / Chapter 17 / Section 33-1701
33-1701 DRIVER TRAINING COURSES.
Status: in_force

33-1701. Driver training courses. In conjunction with its supervision of traffic on public highways, the Idaho transportation department is directed to cooperate with the state board of education in its establishment of driver training courses in the public schools of the state.

History:

[33-1701, added 1963, ch. 13, sec. 165, p. 27; am. 1992, ch. 115, sec. 42, p. 387.]
Idaho Code § 33-3101 — Idaho Code / Title 33 / Chapter 31 / Section 33-3101
33-3101 ESTABLISHMENT OF SCHOOL.
Status: in_force

33-3101. Establishment of school. An institute of higher education for the state of Idaho is hereby established in the city of Lewiston, in the county of Nez Perce, to be called the Lewis-Clark State College, heretofore called the Lewis-Clark Normal School, the purposes of which shall be the offering and the giving of instruction in college courses in the sciences, arts and literature, professional, technical, and courses or programs of higher education as are usually included in colleges and universities leading to the granting of appropriate collegiate degrees as approved by the state board of education.

History:

[(33-3101) 1893, p. 6, sec. 1; reen. 1899, p. 164, sec. 1; R.C., sec. 500; reen. C.L., sec. 500; C.S., sec. 1080; I.C.A., sec. 32-2501; am. 1947, ch. 99, sec. 2, p. 182; am. 1955, ch. 76, sec. 1, p. 147; am. 1963, ch. 76, sec. 1, p. 271; am. 1971, ch. 44, sec. 1, p. 92; am. 1999, ch. 329, sec. 34, p. 877; am. 2020, ch. 98, sec. 1, p. 257.]
Idaho Code § 33-3901 — Idaho Code / Title 33 / Chapter 39 / Section 33-3901
33-3901 IDAHO ARCHAEOLOGICAL SURVEY CREATED — PURPOSE — DEFINITION — ADVISORY BOARD.
Status: in_force

33-3901. Idaho archaeological survey created — Purpose — Definition — Advisory board. (1) There is hereby created the Idaho archaeological survey, to be administered as a special cooperative program under the authority of the board of trustees of the Idaho state historical society and the board of regents of the university of Idaho. It is the policy of the state of Idaho that the archaeological resources recovered from within the state, and their associated documentation, be accorded long-term curation within the state to ensure their continued accessibility by the educational programs of the state universities and for the public benefit of the citizens of the state of Idaho. It is a policy of the state of Idaho that archaeological inventories conducted within the state be documented in a comprehensive database accessible by educational programs and for other public purposes consistent with the protection of these resources. The survey shall be the lead state entity for the compilation, coordination, preservation and dissemination of archaeological survey data and long-term curation of collections for Idaho. This information is to be acquired through field and laboratory investigations by the staff of the survey and through cooperative programs with other governmental and private agencies, including the educational programs at the state universities which recover, use and care for archaeological materials. Nothing in this chapter shall limit the established role of the state universities in archaeological research and educational programs using archaeological materials.

(2) For the purposes of this chapter "archaeological resources" refer to both cultural remains and associated environmental materials recovered by archaeological studies and to sites on the landscape containing materials potentially supportive of anthropological or historical archaeological studies.

(3) There is hereby established an advisory board for the survey which shall consist of the following members: the Idaho state archaeologist, who shall be director of the survey and nonvoting chairman of the advisory board, the academic vice presidents of the university of Idaho, Idaho state university and Boise state university or their designated representatives; the governor of the state of Idaho or his designated representative; and a member of the public who shall be elected by a majority vote of the advisory board and who shall serve for a term of two (2) years. Should a vacancy occur in the public member position, the advisory board shall appoint a replacement to serve the remainder of the term. Members of the advisory board shall be compensated as provided in section 59-509(b), Idaho Code, which compensation shall be paid from the archaeological survey account created in section 33-3905, Idaho Code. A quorum of the advisory board shall be required to be present to conduct business.

History:

[33-3901, added 1992, ch. 116, sec. 1, p. 388; am. 2009, ch. 167, sec. 6, p. 500.]
Idaho Code § 33-3010 — Idaho Code / Title 33 / Chapter 30 / Section 33-3010
33-3010 FUNDS, PROPERTY AND OBLIGATIONS TRANSFERRED.
Status: in_force

33-3010. Funds, property and obligations transferred. All of the funds and moneys in the dormitory fund and dining hall fund, including any revolving fund, of the Idaho State College, as the same are authorized by sections 33-3701—33-3711, and all of the unexpended funds heretofore allocated and appropriated to the Idaho State College for the purposes specified therein, and all of the educational, charitable endowment or other endowment funds, holdings, rights, privileges and immunities of the Academy of Idaho, the Idaho Technical Institute, the Southern Branch of the University of Idaho, and the Idaho State College, including the institutions' endowment funds referred to in sections 66-1103—66-1107, and any allocations or appropriations from the normal school fund for the use of the department of education at the Idaho State College, are hereby transferred to, vested in and continued in the Idaho State University and placed under the control of its board of trustees, and appropriated for expenditure by it and shall be paid out by the state treasurer in the manner provided by the constitution and laws of the state of Idaho. All of the property, real and personal, and all of the obligations, legal or moral, of the Idaho State College, are hereby vested in, or shall become the obligations of, the Idaho State University.

History:

[33-3010, added 1963, ch. 12, sec. 10, p. 23.]
Idaho Code § 33-4905 — Idaho Code / Title 33 / Chapter 49 / Section 33-4905
33-4905 ADVISORY COMMITTEE.
Status: in_force

33-4905. Advisory committee. The administrator of the division of career technical education shall establish a program advisory committee consisting of five (5) persons representing various interests in motorcycle safety including, but not limited to, motorcycle riding enthusiasts, dealers and law enforcement personnel. Committee members shall advise the program coordinator in developing, establishing and maintaining the program. The committee shall monitor program implementation and report to the administrator as necessary with recommendations. Members of the committee shall serve without compensation but may be reimbursed for their reasonable expenses while engaged in committee business.

History:

[(33-4905) 33-4805, added 1994, ch. 234, sec. 10, p. 743; am. and redesig. 2005, ch. 25, sec. 54, p. 102; am. 2009, ch. 30, sec. 5, p. 84; am. 2016, ch. 25, sec. 33, p. 54.]
Idaho Code § 33-6602 — Idaho Code / Title 33 / Chapter 66 / Section 33-6602
33-6602 LEGISLATIVE FINDINGS.
Status: in_force

33-6602. LEGISLATIVE FINDINGS. The legislature finds and declares that:

(1) Prior to becoming a high school football coach, Joseph Kennedy trained marines, and in response to his decision to engage in a public prayer at the end of sporting events that was open to others in a manner that was consistent with his religious beliefs and the belief of many student athletes and their parents, he was suspended and later fired by the school district, and similar conflicts have or could arise in the state of Idaho between athletic directors and school districts or public college administrators;

(2) The United States is a constitutional republic that Idaho is a part of, and the free exercise and establishment clauses of the first amendment to the United States constitution state that the government "shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof," and the first amendment applies to the state of Idaho through the fourteenth amendment;

(3) Similarly, section 4, article I of the constitution of the state of Idaho parallels the spirit of the free exercise clause of the first amendment to the United States constitution and states in part, "The exercise and enjoyment of religious faith and worship shall forever be guaranteed; and no person shall be denied any civil or political right, privilege, or capacity on account of his religious opinions; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations…"; and

(4) The United States supreme court, in Kennedy v. Bremerton School District, recognized that Lemon v. Kurtzman, 403 U.S. 602 (1971), was overturned and is no longer good law and that, therefore, the Lemon test is inapplicable and government must instead look to history and tradition to determine what is permissible under the establishment clause. This history and tradition prohibits coercion to participate in religious practices.

History:

[33-6602, added 2023, ch. 239, sec. 1, p. 737.]
Idaho Code § 33-1631 — Idaho Code / Title 33 / Chapter 16 / Section 33-1631
33-1631 REQUIREMENTS FOR HARASSMENT, INTIMIDATION OR BULLYING INFORMATION AND PROFESSIONAL DEVELOPMENT.
Status: in_force

33-1631. REQUIREMENTS FOR HARASSMENT, INTIMIDATION or BULLYING INFORMATION AND PROFESSIONAL DEVELOPMENT. (1) School districts and public charter schools shall undertake reasonable efforts to ensure that information on harassment, intimidation or bullying of students, as defined in section 18-917A, Idaho Code, is disseminated annually to all school personnel, parents, and students, including an affirmation that school personnel are authorized and expected to intervene or facilitate intervention on behalf of students facing harassment, intimidation or bullying.

(2) School districts and public charter schools shall provide ongoing professional development to build the skills of all school staff members to prevent, identify, and respond to harassment, intimidation or bullying. The state board of education shall promulgate rules, subject to legislative approval, regarding the content of the professional development required by this subsection.

(3) School district and public charter school policies shall include:

(a) A series of graduated consequences that may include but are not limited to referral to counseling, diversion, use of juvenile specialty courts, restorative practices, on-site suspension, and expulsion for any student who commits an act of harassment, intimidation or bullying or an act of violence or threats of violence. Guidelines for such policies shall be set forth in the rules of the state board; and

(b) In compliance with all federal and state laws protecting student privacy, a procedure for the mandatory reporting of any incidents of harassment, intimidation or bullying that result in a student being suspended from school pursuant to section 33-205(6), Idaho Code, to the parents or legal guardians of both the alleged victim and the alleged offender involved in the incident.

History:

[(33-1631) 33-1630, added 2015, ch. 289, sec. 2, p. 1161; am. and redesig. 2016, ch. 47, sec. 16, p. 110; am. 2026, ch. 4, sec. 1, p. 16.]
Idaho Code § 33-2505A — Idaho Code / Title 33 / Chapter 25 / Section 33-2505A
33-2505A DEFINITIONS.
Status: in_force

33-2505A. Definitions. As used in this chapter:

(1) "Digital repository" means electronic publications stored and accessible to the public online in a secure digital environment with redundant backup.

(2) "Format" includes any media used for state publications including, but not limited to, electronic, print, audio, visual and microform.

(3) "State agency" includes every constitutional and statutory office, officer, department, division, bureau, board, commission and agency of the state and, where applicable, all subdivisions of each.

(4) "State publication" means any information, regardless of format, published by a state agency and intended for distribution to the public. State publication does not include correspondence, internal confidential publications, office memoranda, university press publications, items detailed by chapter 1, title 74, Idaho Code, or other information excluded or exempted by rule promulgated by the board of library commissioners.

History:

[33-2505A, added 2008, ch. 81, sec. 2, p. 210; am. 2015, ch. 141, sec. 66, p. 427.]
Idaho Code § 33-1111 — Idaho Code / Title 33 / Chapter 11 / Section 33-1111
33-1111 SALE OF BONDS.
Status: in_force

33-1111. Sale of bonds. School bonds may be sold at private sale, as provided in section 57-232, Idaho Code, after notice as hereinafter provided, or may be sold at public sale as hereinafter provided.

Notice of the intention to sell such bonds at public or private sale shall be published once in the name of the issuer in a newspaper of general circulation within the issuer's boundaries at least three (3) days prior to the time scheduled by the issuer for approving the sale of such bonds. Failure to comply with this requirement shall not invalidate the sale of the bonds, so long as the issuer has made a good faith effort to comply.

If the bonds are sold at public sale, the notice shall describe the issue of bonds; shall state that the board of trustees will receive sealed bids or electronic bids pursuant to the provisions of section 57-233, Idaho Code, until a specified day and hour; and that said bids will be accepted or rejected at a regular or special meeting of the board at a time and place to be named in the notice. Said notice may require such deposits of forfeits as the board may deem necessary.

At the meeting held at the time and place named in the notice, the board of trustees shall open the bids, and may sell the same to whomever shall make the bid most advantageous to the school district, and the deposits of the unsuccessful bidders shall thereupon be returned to them. Should the successful bidder fail or refuse to tender payment of the amount required for the purchase of the issue within ten (10) days after tender to him of the executed bonds and a certified copy of the bond proceedings, his deposit shall be forfeited; and the board may in its judgment accept the bid next most advantageous, readvertise the issue as before, or sell the bonds at private sale.

The board of trustees may reject any or all bids, and sell the bonds at private sale when this is found to be in the best interest of the district.

History:

[33-1111, added 1963, ch. 13, sec. 107, p. 27; am. 1969, ch. 466, sec. 3, p. 1326; am. 1977, ch. 164, sec. 3, p. 425; am. 1987, ch. 51, sec. 1, p. 84; am. 2001, ch. 336, sec. 2, p. 1195; am. 2013, ch. 183, sec. 4, p. 438.]
Idaho Code § 33-316 — Idaho Code / Title 33 / Chapter 3 / Section 33-316
33-316 COOPERATIVE CONTRACT TO EMPLOY SPECIALIZED PERSONNEL AND/OR PURCHASE MATERIALS.
Status: in_force

33-316. Cooperative contract to employ specialized personnel and/or purchase materials. The trustees of two (2) or more school districts may cooperatively enter into written contract to employ specialized personnel and/or purchase materials which in the judgment of the contracting school districts are necessary or desirable for the conduct of the business of the school districts.

History:

[33-316, added 1967, ch. 362, sec. 2, p. 1042.]
Idaho Code § 33-6803 — Idaho Code / Title 33 / Chapter 68 / Section 33-6803
33-6803 DEFINITIONS.
Status: in_force

33-6803. definitions. As used in this chapter:

(1) "Benefit" means the recognition, registration, or use of facilities of an institution of higher education for meetings or speaking purposes, use of channels of communication, and use of funding sources that are otherwise available to other student organizations at the public institution of higher education.

(2) "Harassment" means expression that is unwelcome and so severe, pervasive, and subjectively and objectively offensive that a student is effectively denied equal access to educational opportunities or benefits provided by a public institution of higher education.

(3) "Materially and substantially disrupts" means the act of doing one (1) or more of the following:

(a) Materially disrupting the operation or functions of the public institution of higher education;

(b) Materially disrupting or preventing the communication of a message of another individual or group; or

(c) Preventing a lawful meeting, gathering, or procession by:

(i) Engaging in fighting, violence, or other unlawful behavior; or

(ii) Physically blocking or threatening or inciting violence to prevent an individual from attending, listening to, viewing, or participating in a protected expressive activity.

(4) "Outdoor areas of campus" means the generally accessible outside areas of campus where students, administrators, faculty, staff, and invited guests are commonly allowed, such as grassy areas, plazas, or other similar common areas, and does not include outdoor areas of campus to which access by the public is restricted.

(5) "Protected expressive activity" means noncommercial speech or conduct protected by the first amendment to the constitution of the United States, including:

(a) Communicating by any lawful verbal, written, audio-visual, or electronic means;

(b) Participating in peaceful assembly;

(c) Protesting and counter-protesting;

(d) Making speeches, including speeches of guest speakers;

(e) Distributing literature;

(f) Carrying signs;

(g) Circulating petitions; and

(h) Distributing pamphlets and other literature.

(6) "Public institution of higher education" means a state institution of higher education or a community college organized pursuant to chapter 21, title 33, Idaho Code.

(7) "Student" means any person who is enrolled on a full-time or part-time basis in a public institution of higher education.

(8) "Student organization" means an officially recognized group at a public institution of higher education or a group seeking official recognition, comprised of admitted students that receive, or are seeking to receive, benefits through the institution of higher education as defined in this section.

History:

[33-6803, added 2025, ch. 194, sec. 1, p. 892.]
Idaho Code § 33-2705 — Idaho Code / Title 33 / Chapter 27 / Section 33-2705
33-2705 CONDUCT OF ELECTION.
Status: in_force

33-2705. Conduct of election. Upon the county commissioners having made the order referred to in subsection (5) of section 33-2704, Idaho Code, the clerk of the board of county commissioners shall cause to be published a notice of an election to be held for the purpose of determining whether or not the proposed library district shall be established under the provisions of this chapter. The date of this election shall be the next uniform election date as provided for in section 34-106, Idaho Code. Whenever more than one (1) petition is presented to the county commissioners calling for an election to create library districts, the first presented shall take precedence. Notice of the election shall be given, the election shall be conducted, and the returns thereof canvassed as provided for in chapter 14, title 34, Idaho Code, and under the general election laws of the state of Idaho. The ballot shall contain the words "(Name) Library District–Yes" and "(Name) Library District–No", each followed by a box wherein the voter may express his choice by marking a cross "X". The board or boards of election shall make returns and certify the results to the boards of county commissioners within three (3) days after the election, and the board of county commissioners shall, within seven (7) days after the election, canvass the returns. If a majority of all votes cast be in the affirmative, the board of county commissioners shall, within nine (9) days after the returns have been canvassed, enter an order declaring the library district established, designating its name and boundaries including a map prepared in a draftsmanlike manner. The board of county commissioners shall transmit a copy of the order to the county recorder, county assessor, and the state tax commission in a timely manner, but no later than December 15 in the calendar year in which the election was held. A copy of the order shall also be transmitted to the board of library commissioners.

History:

[33-2705, added 1963, ch. 188, sec. 5, p. 568; am. 1965, ch. 255, sec. 2, p. 648; am. 1967, ch. 93, sec. 3, p. 198; am. 1989, ch. 132, sec. 3, p. 288; am. 1990, ch. 378, sec. 3, p. 1048; am. 1993, ch. 303, sec. 2, p. 1124; am. 1995, ch. 119, sec. 4, p. 515; am. 1996, ch. 71, sec. 6, p. 220; am. 2006, ch. 235, sec. 19, p. 709; am. 2025, ch. 113, sec. 3, p. 601.]
Idaho Code § 33-5509 — Idaho Code / Title 33 / Chapter 55 / Section 33-5509
33-5509 DIGITAL LEARNING ACADEMY A STATE DEPARTMENT FOR PURPOSES OF RISK MANAGEMENT.
Status: in_force

33-5509. Digital learning academy a state department for purposes of risk management. For risk management purposes, the Idaho digital learning academy shall be considered a state department for purposes of risk management pursuant to chapter 57, title 67, Idaho Code, and the department of administration shall treat it as such.

History:

[33-5509, added 2006, ch. 358, sec. 1, p. 1091.]
Idaho Code § 33-1112 — Idaho Code / Title 33 / Chapter 11 / Section 33-1112
33-1112 PAYMENT, DEPOSIT AND USE OF FUNDS.
Status: in_force

33-1112. Payment, deposit and use of funds. All moneys received from the sale of school bonds shall be paid immediately into the treasury of the district. The treasurer shall deposit such funds according to the provisions of the Public Depository Law, separate from any other funds of the school district. Said funds shall be immediately available for the purposes approved by the electors of the district. Proceeds of the sale of bonds may be used to pay architectural and engineering costs incurred in any construction authorized by electors; to pay legal and fiscal fees; to pay publishing, printing and election costs precedent to the issuance of bonds, including the printing of the bonds; or to reimburse any other funds of the district used for the above purposes.

History:

[33-1112, added 1963, ch. 13, sec. 108, p. 27.]
Idaho Code § 33-5504 — Idaho Code / Title 33 / Chapter 55 / Section 33-5504
33-5504 DUTIES OF THE ACADEMY BOARD OF DIRECTORS.
Status: in_force

33-5504. Duties of the academy board of directors. The board shall be responsible for ensuring that academy procedures and courses are in compliance with the rules of the state board of education and applicable statutes of the state of Idaho. In addition, the board shall:

(1) Recommend policies to be established by rule of the state board for effecting the purposes of this chapter.

(2) Employ or contract with staff as necessary and purchase such supplies and equipment as are necessary to implement the provisions of this chapter, which purchases shall be exempt from the state procurement act in chapter 92, title 67, Idaho Code. The percentage of personnel costs spent on staff classified as administration shall not exceed thirty percent (30%) of the total budget.

(3) Enter into contracts with any other governmental or public agency whereby the board agrees to render services to or for such agency in exchange for a charge reasonably calculated to cover the costs of rendering such service.

(4) Accept, receive, and utilize any gifts, grants, or funds and personal and real property that may be donated to it for the fulfillment of the purposes outlined in this chapter.

(5) Employ or contract with necessary faculty and teaching staff who are fully certificated Idaho teachers or administrators to design and deliver planned curriculum content. The academy shall be exempt from the provisions of sections 33-513, 33-514, 33-514A, 33-515 and 33-515A, Idaho Code, and shall be exempt from chapter 53, title 67, Idaho Code. All teaching and educational staff of the academy shall be exempt, at will employees. The number of such staff shall largely be dictated by the number of courses under development, the number of courses offered, and the number of students participating in academy programs.

(6) Obtain office space where actual operations of the academy are conducted by academy staff.

(7) Contract with a service provider for delivery of academy courses online which shall be accessible twenty-four (24) hours a day, seven (7) days a week.

(8) Ensure that the academy is accredited as established by rule of the state board of education.

(9) Develop policy for earning credit in courses based on mastery of the subject, demonstrated competency, and meeting the standards set for each course.

(10) Provide for articulating the content of certain high school courses with college and university courses in order to award both high school and undergraduate college credit.

(11) Develop policies and practices that provide strict application of time limits for completion of courses.

(12) Develop policies and practices on accountability, both by the student and the teacher, and in accordance with the provisions of section 33-5507, Idaho Code.

(13) Develop policies and practices that prioritize courses provided in section 33-5502, Idaho Code.

(14) Manage the moneys received by the academy.

(15) Subject to approval by the state board of education, set fees charged to any user of academy courses, including but not limited to public school districts, public charter schools, private schools, individual students, and other public or private entities. Fees for all courses required by the state department of education for graduation shall be no more than forty dollars ($40.00). Fees for all courses not required for graduation shall be at least one hundred dollars ($100). Fees shall offset the total state reimbursement, not to exceed four hundred forty-five dollars ($445). Private entities shall not receive any state reimbursement and shall be subject to the full course fee.

(16) Contract with a certified public accounting firm to conduct an annual audit of the Idaho digital learning academy.

History:

[33-5504, added 2002, ch. 105, sec. 1, p. 286; am. 2003, ch. 306, sec. 1, p. 841; am. 2005, ch. 132, sec. 2, p. 421; am. 2008, ch. 119, sec. 3, p. 334; am. 2016, ch. 289, sec. 10, p. 811; am. 2026, ch. 319, sec. 2, p. 1279.]
Idaho Code § 33-1201 — Idaho Code / Title 33 / Chapter 12 / Section 33-1201
33-1201 CERTIFICATE REQUIRED.
Status: in_force

33-1201. Certificate required. (1) Every person who is employed to serve in any elementary or secondary school in the capacity of teacher, supervisor, administrator, or pupil service staff shall be required to have and to hold a certificate issued under authority of the state board of education, valid for the service being rendered; except that the state board of education may authorize endorsement for use in Idaho, for not more than five (5) years, certificates valid in other states when the qualifications therefor are not lower than those required for an Idaho certificate.

(2) No certificate shall be required of a student who is attending any teacher-training institution and serving as a practice teacher or teacher apprentice in a state board of education-approved registered apprenticeship program for teachers in a classroom under the supervision of a certificated teacher and who is jointly assigned by such teacher-training institution and the governing board of a district or a public institution to perform practice teaching.

(3) A student, while serving in a practicum, internship, apprenticeship, or student teaching position under the supervision of a person certificated pursuant to this section, shall be accorded the same liability insurance coverage by the school district being served as that accorded such certificated person in the same district, and such student shall comply with all rules and regulations of the school district or public institution while serving in such a capacity.

History:

[33-1201, added 1963, ch. 13, sec. 143, p. 27; am. 1975, ch. 45, sec. 1, p. 84; am. 1985, ch. 107, sec. 12, p. 206; am. 1990, ch. 35, sec. 1, p. 53; am. 2023, ch. 175, sec. 1, p. 477; am. 2026, ch. 222, sec. 6, p. 991.]
Idaho Code § 33-6804 — Idaho Code / Title 33 / Chapter 68 / Section 33-6804
33-6804 OUTDOOR AREAS.
Status: in_force

33-6804. outdoor areas. Public institutions of higher education shall not create free speech zones or other designated outdoor areas of campus outside of which non-commercial, protected expressive activities are prohibited. Public institutions of higher education may maintain and enforce reasonable time, place, and manner restrictions applicable to the outdoor areas of campus that are narrowly tailored in service of a significant institutional interest only when such restrictions employ content-neutral and viewpoint-neutral criteria and provide for ample alternative means of expression. Any such restrictions shall allow for students and student organizations to spontaneously and contemporaneously assemble and distribute literature. Nothing in this section may be interpreted as limiting the right of non-commercial student expression elsewhere on campus. Nothing in this chapter may be interpreted as applying to employee relations matters or claims related to employment discrimination or harassment in employment.

History:

[33-6804, added 2025, ch. 194, sec. 1, p. 893.]
Idaho Code § 33-5904 — Idaho Code / Title 33 / Chapter 59 / Section 33-5904
33-5904 SCHOOL SAFETY AND SECURITY PROGRAM.
Status: in_force

33-5904. school safety and security program. (1) There is hereby established in the office of the state board of education the school safety and security program. The executive director of the office of the state board of education may hire a manager of the school safety and security program who shall be responsible for the performance of the regular administrative functions of the program and other duties as the executive director may direct. The manager of the school safety and security program shall be a nonclassified employee. The executive director of the office of the state board of education may employ persons in addition to the manager in other positions or capacities as necessary to fulfill the responsibilities of the school safety and security program as set forth in this section. The executive director of the state board of education shall provide an office, office equipment, and facilities as may be reasonably necessary for the proper performance of the duties of the program manager and other program personnel.

(2) The executive director of the office of the state board of education and the manager and other personnel of the school safety and security program may enter all public educational facilities in this state at reasonable times to conduct annual assessments for consistency with the school safety and security guidelines developed by the Idaho school safety and security advisory board. To the extent possible, such assessments should occur simultaneously with inspections conducted pursuant to section 39-8008, Idaho Code. The school safety and security program shall prepare a written report for each security assessment it conducts. At a minimum, such reports shall include any safety or security vulnerabilities found in the subject school and recommendations for remedying such vulnerabilities. The program shall provide a copy of the report to the local education agency or institution and to the school principal or institution president. The program shall also prepare an annual report, a copy of which shall be submitted to the state board of education and to the Idaho school safety and security advisory board each year.

(3) Upon request of any public educational institution, the school safety and security program shall provide training and technical assistance on best practices and resources for school safety and security as set forth in the guidelines established by the Idaho school safety and security advisory board.

(4) The office of the state board of education may receive grant moneys on behalf of the school safety and security program to carry out the responsibilities of the program.

(5) On July 1 of each year, or as soon as practicable, the state controller shall transfer three hundred thousand dollars ($300,000) from the public school income fund to the school safety and security program's miscellaneous revenue fund 0349-36 for the purposes of this section.

History:

[(33-5904) 33-5804, added 2016, ch. 192, sec. 1, p. 534; am. and redesig. 2017, ch. 58, sec. 16, p. 111; am. 2021, ch. 98, sec. 1, p. 330.]
Idaho Code § 33-3407 — Idaho Code / Title 33 / Chapter 34 / Section 33-3407
33-3407 GOVERNMENTAL ENTITY — LIABILITY — INSURANCE.
Status: in_force

33-3407. GOVERNMENTAL ENTITY — LIABILITY — INSURANCE. (1) The Idaho bureau of educational services for the deaf and the blind, 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 provided for in section 67-2402, Idaho Code. It is legislative intent that the Idaho bureau of educational services for the deaf and the blind operate and be recognized not as a state agency or department, but as a governmental entity whose creation has been authorized by the state, much in the manner as other single purpose districts. For the purposes of section 59-1302(15), Idaho Code, the Idaho bureau of educational services for the deaf and the blind created pursuant to this chapter shall be deemed a governmental entity. Pursuant to the provisions of section 63-3622O, Idaho Code, sales to or purchases by the Idaho bureau of educational services for the deaf and the blind are exempt from payment of the sales and use tax. The Idaho bureau of educational services for the deaf and the blind, its employees and its board of directors are subject to the following provisions in the same manner as a traditional public school and the board of trustees of a school district:

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

(b) Chapter 5, title 74, Idaho Code, on prohibitions against contracts with officers;

(c) Chapter 4, title 74, Idaho Code, on ethics in government;

(d) Chapter 2, title 74, Idaho Code, on open public meetings; and

(e) Chapter 1, title 74, Idaho Code, on disclosure of public records.

(2) The Idaho bureau of educational services for the deaf and the blind, its employees and its board of directors are subject to the following provisions:

(a) Section 33-1216, Idaho Code, on sick and other leave, or the laws, rules and policies of the state of Idaho for sick and other leave as provided for in chapter 53, title 67, Idaho Code, as determined by the board;

(b) Section 33-1217, Idaho Code, on accumulation of unused sick leave, or the laws, rules and policies of the state of Idaho for accumulation of unused sick leave as provided for in section 67-5333, Idaho Code, as determined by the board;

(c) Section 33-1218, Idaho Code, on sick leave in excess of statutory minimum amounts, or the laws, rules and policies of the state of Idaho for sick leave in excess of statutory minimum amounts as provided for in section 67-5333, Idaho Code, as determined by the board; and

(d) Section 33-1228, Idaho Code, on severance allowance at retirement, or the laws, rules and policies of the state of Idaho for severance allowance at retirement as provided for in section 67-5333, Idaho Code, as determined by the board.

(3) The Idaho bureau of educational services for the deaf and the blind may sue or be sued, purchase, receive, hold and convey real and personal property for school purposes, 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.

(4) The Idaho bureau of educational services for the deaf and the blind shall be considered a state department for purposes of risk management and group insurance pursuant to chapter 57, title 67, Idaho Code, and the department of administration shall treat the bureau as such.

(5) It shall be unlawful for:

(a) Any director to have pecuniary interest directly or indirectly in any contract or other transaction pertaining to the maintenance or conduct of the Idaho bureau of educational services for the deaf and the blind, or to accept any reward or compensation for services rendered as a director except as may be otherwise provided in this subsection. The board of directors of the Idaho bureau of educational services for the deaf and the blind may accept and award contracts involving the Idaho bureau of educational services for the deaf and the blind to businesses in which the director or a person related to him by blood or marriage within the second degree of consanguinity has a direct or indirect interest, provided that the procedures set forth in section 18-1361 or 18-1361A, Idaho Code, are followed. The receiving, soliciting or acceptance of moneys of the Idaho bureau of educational services for the deaf and the blind for deposit in any bank or trust company, or the lending of moneys by any bank or trust company to the Idaho bureau of educational services for the deaf and the blind, shall not be deemed to be a contract pertaining to the maintenance or conduct of the Idaho bureau of educational services for the deaf and the blind within the meaning of this section; nor shall the payment of compensation by the Idaho bureau of educational services for the deaf and the blind board of directors to any bank or trust company for services rendered in the transaction of any banking business with the Idaho bureau of educational services for the deaf and the blind 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.

(b) The board of directors of the Idaho bureau of educational services for the deaf and the blind to enter into or execute any contract with the spouse of any member of such board, the terms of which said contract require, or shall require, the payment or delivery of any Idaho bureau of educational services for the deaf and the blind funds, moneys or property to such spouse, except as provided in section 18-1361 or 18-1361A, Idaho Code.

(6) When any relative of any director, or relative of the spouse of a director related by affinity or consanguinity within the second degree, is to be considered for employment in the Idaho bureau of educational services for the deaf and the blind, such director shall abstain from voting in the election of such relative, and shall be absent from the meeting while such employment is being considered and determined.

History:

[33-3407, added 2009, ch. 168, sec. 4, p. 507; am. 2010, ch. 191, sec. 4, p. 407; am. 2011, ch. 43, sec. 1, p. 98; am. 2015, ch. 141, sec. 69, p. 428; am. 2024, ch. 9, sec. 45, p. 88.]
Idaho Code § 33-1254 — Idaho Code / Title 33 / Chapter 12 / Section 33-1254
33-1254 PROFESSIONAL CODES AND STANDARDS — ADOPTION — PUBLICATION.
Status: in_force

33-1254. Professional codes and standards — Adoption — Publication. The commission shall have authority to adopt recognized professional codes and standards of ethics, conduct and professional practices which shall be applicable to teachers in the public schools of the state, and submit the same to the state board of education for its consideration and approval. Upon their approval by the state board of education, the professional codes and standards shall be published by the board.

History:

[33-1254, added 1969, ch. 258, sec. 4, p. 794; am. 1991, ch. 30, sec. 3, p. 61.]
Idaho Code § 33-1304 — Idaho Code / Title 33 / Chapter 13 / Section 33-1304
33-1304 QUALIFICATION OF EDUCATIONAL INTERPRETERS.
Status: in_force

33-1304. Qualification of educational interpreters. (1) Except as provided in this section, no person shall act as an educational interpreter in an Idaho public school unless the person has been qualified to do so. The person shall be qualified if the person:

(a) Has achieved a score of 3.5 or higher on the educational interpreter performance assessment or has achieved a comparable score on an equivalent test as determined by the bureau; or

(b) Is currently certified by:

(i) The registry of interpreters for the deaf;

(ii) The national association of the deaf at a level of III or higher;

(iii) The registry of interpreters for the deaf, oral transliteration for oral transliterators; or

(iv) The testing, evaluation, and certification unit for cued language transliterators.

(2) An educational interpreter currently employed in an Idaho public school may continue in the practice of educational interpreting without meeting the requirements of subsection (1) of this section, provided that such requirements are met on or before June 30, 2009.

(3) Effective July 1, 2009, newly hired educational interpreters who have not worked in an Idaho public school as an educational interpreter in kindergarten through grade 12 prior to the enactment of this chapter may apply in writing to the bureau for emergency authorization to work as an educational interpreter for two (2) years before being required to meet the requirements of subsection (1) of this section. An educational interpreter who has received an emergency authorization under this subsection may apply in writing to the bureau for a onetime one (1) year extension of the emergency authorization. The bureau may grant such a one (1) year extension of the emergency authorization for good cause shown.

(4) A graduate of an interpreter education program may serve as an educational interpreter in Idaho public schools for persons of school age as defined in section 33-201, Idaho Code, before meeting the requirements of subsection (1) of this section for one (1) year following such graduation.

(5) Educational interpreters employed by an Idaho public school must complete a minimum of eighty (80) hours of training in the areas of interpreting or transliterating every five (5) years. This training must be documented and may include home study coursework, seminars, workshops and mentoring programs.

(6) The board is authorized to promulgate rules, if applicable, to implement this chapter.

History:

[33-1304, added 2006, ch. 173, sec. 1, p. 532; am. 2010, ch. 191, sec. 2, p. 406; am. 2020, ch. 19, sec. 1, p. 55.]
Idaho Code § 33-5006 — Idaho Code / Title 33 / Chapter 50 / Section 33-5006
33-5006 RELEASE OR MODIFICATION OF RESTRICTIONS ON MANAGEMENT, INVESTMENT OR PURPOSE.
Status: in_force

33-5006. Release or modification of restrictions on management, investment or purpose. (1) If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment or purpose of an institutional fund. A release or modification may not allow a fund to be used for a purpose other than a charitable purpose of the institution.

(2) The court, upon application of an institution, may modify a restriction contained in a gift instrument regarding the management or investment of an institutional fund if the restriction has become impracticable or wasteful, if it impairs the management or investment of the fund, or if, because of circumstances not anticipated by the donor, a modification of a restriction will further the purposes of the fund. The institution shall notify the attorney general of the application, and the attorney general must be given an opportunity to be heard. To the extent practicable, any modification must be made in accordance with the donor's probable intention.

(3) If a particular charitable purpose or a restriction contained in a gift instrument on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve, or wasteful, the court, upon application of an institution, may modify the purpose of the fund or the restriction on the use of the fund in a manner consistent with the charitable purposes expressed in the gift instrument. The institution shall notify the attorney general of the application, and the attorney general must be given an opportunity to be heard.

(4) If an institution determines that a restriction contained in a gift instrument on the management, investment or purpose of an institutional fund is unlawful, impracticable, impossible to achieve, or wasteful, the institution, sixty (60) days after notification to the attorney general and the donor if available, may release or modify the restriction, in whole or part, if:

(a) The institutional fund subject to the restriction has a total value of less than twenty-five thousand dollars ($25,000);

(b) More than ten (10) years have elapsed since the fund was established; and

(c) The institution uses the property in a manner consistent with the charitable purposes expressed in the gift instrument.

History:

[33-5006, added 2007, ch. 173, sec. 2, p. 515.]
Idaho Code § 33-6802 — Idaho Code / Title 33 / Chapter 68 / Section 33-6802
33-6802 LEGISLATIVE FINDINGS.
Status: in_force

33-6802. legislative findings. The legislature finds that:

(1) The first amendment to the United States constitution and the constitution of the state of Idaho protect the rights of freedom of speech, freedom of the press, freedom of religion, freedom of association, and freedom to petition the government for all people;

(2) The United States Supreme Court, in Healy v. James, described public universities as "peculiarly the marketplace of ideas," where young adults learn to exercise the constitutional rights necessary to participate in this system of government and to tolerate others' exercise of the same rights, and there is "no room for the view that… first amendment protections should apply with less force on college campuses than in the community at large";

(3) The exercise of first amendment rights on the campuses of public institutions of higher education in this state is a critical component of the education experience for students and requires that each public institution of higher education ensures free, robust, and uninhibited debate and deliberations by students whether on or off campus;

(4) The United States Supreme Court warned in Sweezy v. New Hampshire that if public universities stifle student speech and prevent the open exchange of ideas on campus, "our civilization will stagnate and die"; and

(5) A significant amount of taxpayer dollars is appropriated to public institutions of higher education each year and, as such, the legislature must ensure that all public institutions of higher education receiving state funds continue to recognize freedom of speech as a fundamental right for all.

History:

[33-6802, added 2025, ch. 194, sec. 1, p. 892.]
Idaho Code § 33-125A — Idaho Code / Title 33 / Chapter 1 / Section 33-125A
33-125A DUTIES OF THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION AND THE STATE DEPARTMENT OF EDUCATION.
Status: in_force

33-125A. Duties of the state superintendent of public instruction and the state department of education. Under the direction of the state superintendent of public instruction, the state department of education shall:

(1) Coordinate with the Idaho digital learning academy as provided for in chapter 55, title 33, Idaho Code, the state board of education and school districts to distribute telecourses, teleconferences and other instructional and training services to and between public schools;

(2) Coordinate with the Idaho digital learning academy, the state board of education and institutions of higher education to distribute college credit telecourses, teleconferences and other instructional and training services; and

(3) Act as a clearinghouse for the materials, courses, publications and other applicable information related to the requirements of this section.

History:

[33-125A, added 2009, ch. 131, sec. 1, p. 410; am. 2010, ch. 357, sec. 1, p. 935; am. 2016, ch. 182, sec. 5, p. 494.]
Idaho Code § 33-1028 — Idaho Code / Title 33 / Chapter 10 / Section 33-1028
33-1028 REPORTS TO STATE BOARD — REPORT TO LEGISLATURE.
Status: in_force

33-1028. reports to state board — report to legislature. (1) By December 15 each year, each school district and public charter school shall report to the state board of education or to the board's designee the following information:

(a) Total student enrollment as of October 1 and December 1 in the year the report is made, or the previous school day if those dates do not fall on a school day;

(b) The number of at-risk students in the school district or at the public charter school as of October 1 and December 1 in the year the report is made, or the previous school day if those dates do not fall on a school day, and the number of at-risk students:

(i) By grade; and

(ii) Enrolled in an alternative school;

(c) The number of economically disadvantaged students in the school district or at the public charter school as of October 1 and December 1 in the year the report is made, or the previous school day if those dates do not fall on a school day, and the number of students who qualify as economically disadvantaged by grade;

(d) The number of English language learners in the school district or at the public charter school as of October 1 and December 1 in the year the report is made, or the previous school day if those dates do not fall on a school day, and the number of English language learners per grade;

(e) The number of gifted and talented students in the school district or at the public charter school as of October 1 and December 1 in the year the report is made, or the previous school day if those dates do not fall on a school day, and the number of gifted and talented students per grade; and

(f) The local salary schedule for the school district or public charter school in effect for the school year prior to the year the report is made.

(2) Beginning in 2020, a school district or public charter school shall include, in the report made pursuant to subsection (1) of this section, the following information for the fiscal year prior to the fiscal year in which the report is made:

(a) The amounts received by the school district or public charter school for each statutory program line item distribution, other program line item distribution, and discretionary funds distribution specified in the state appropriation for public school support; and

(b) The actual expenditures by the school district or public charter school for each such line item distribution and discretionary funds distribution, unless information on the actual expenditures by district or school for a distribution is submitted to the state pursuant to another law or rule.

(3) By January 15 each year, the state board of education shall report to the senate and house of representatives education committees and the joint finance-appropriations committee on the information received pursuant to subsection (1) of this section. The state board's report shall include such information for each individual school district and public charter school and shall also summarize the information in aggregate statewide. The state board's report shall further include allocations made for each cell of the career ladder pursuant to section 33-1004B, Idaho Code.

History:

[33-1028, added 2019, ch. 328, sec. 6, p. 976.]
Idaho Code § 33-1505 — Idaho Code / Title 33 / Chapter 15 / Section 33-1505
33-1505 SELLER'S WARRANTY.
Status: in_force

33-1505. Seller's warranty. All school buses shall at all times conform to standards of construction therefor specified by the state board of education. No contract shall be negotiated or executed for the purchase or sale of any school bus, body, or chassis, where the same is to be used as, or as a part of, a school bus, which said contract would provide for construction standards not in conformity with those specified by the said state board.

Any person selling or offering for sale any school bus, or any body or chassis thereof, shall warrant that such school bus, body or chassis sold or offered for sale is in no respect below the standards of construction prescribed therefor by the state board of education. If, after the sale of any school bus, or any body or chassis, and before the same is placed into operation, an inspection as hereinafter required shall disclose that such equipment is below the said minimum standards, the seller shall, immediately after notification thereof and at his own expense, make such additions or changes as will meet the said minimum standards or, in lieu thereof, the said seller shall refund the full purchase price paid for such equipment by the buyer, and repossess the said equipment.

History:

[33-1505, added 1963, ch. 13, sec. 83, p. 27.]
Idaho Code § 33-907 — Idaho Code / Title 33 / Chapter 9 / Section 33-907
33-907 PUBLIC EDUCATION STABILIZATION FUND.
Status: in_force

33-907. Public education stabilization fund. There is hereby created in the state treasury a fund to be known as the public education stabilization fund, which shall function as a fund detail of the public school income fund. The fund shall consist of moneys transferred to the fund according to the provisions of sections 33-1018 and 33-1018C, Idaho Code, and any other moneys made available through legislative transfers or appropriations. Moneys in the fund are hereby continuously appropriated for the purposes stated in section 33-1018, Idaho Code, and shall only be expended for the purposes stated in sections 33-1018 and 33-1018A, Idaho Code. Any accumulated balances in the fund that are in excess of fifteen percent (15%) of the current fiscal year's total appropriation of state funds for public school support shall be transferred to the school district facilities fund. Interest earned from the investment of moneys in the fund shall be retained in the fund.

History:

[33-907, added 2003, ch. 372, sec. 8, p. 988; am. 2006, ch. 311, sec. 5, p. 962; am. 2006, 1st Ex. Sess., ch. 1, sec. 7, p. 47; am. 2017, ch. 211, sec. 1, p. 514; am. 2021, ch. 348, sec. 3, p. 1050; am. 2024, ch. 237, sec. 13, p. 829.]
Idaho Code § 33-6901 — Idaho Code / Title 33 / Chapter 69 / Section 33-6901
33-6901 DEFINITIONS.
Status: in_force

33-6901. Definitions. As used in this chapter:

(1) "Electronic communications device" means any device that uses electronic signals to create, transmit, and receive information, including cellular telephones.

(2) "School building" means any structure in which any instruction, extracurricular activities, or training provided by a school is conducted.

(3) "School grounds or premises" means the parcel of real property on which any school building is located and any other parcel of real property that is owned or leased by the local school district or public charter school on which any instruction, extracurricular activities, or training of the school is conducted.

(4) "School hours" means the designated period of the day when school is open and in operation.

History:

[(33-6901) 33-6801, added 2025, ch. 55, sec. 1, p. 266; am. and redesig. 2026, ch. 251, sec. 9, p. 1060.]
Idaho Code § 33-509A — Idaho Code / Title 33 / Chapter 5 / Section 33-509A
33-509A ASSISTANT TREASURERS.
Status: in_force

33-509A. Assistant treasurers. A board of trustees of a school district may elect one (1) or more assistant treasurers who shall have such duties as the board of trustees may prescribe. Assistant treasurers shall be subject to the control, supervision and direction of the treasurer of the district. An assistant treasurer may perform the statutory duties prescribed by law for the treasurer to the extent authorized by the board of trustees.

History:

[33-509A, added 1990, ch. 198, sec. 1, p. 444.]
Idaho Code § 33-2009 — Idaho Code / Title 33 / Chapter 20 / Section 33-2009
33-2009 EDUCATION OF CHILDREN HOUSED IN JUVENILE DETENTION FACILITIES.
Status: in_force

33-2009. Education of children housed in juvenile detention facilities. Every public school district in this state within which is located a detention facility housing juvenile offenders pursuant to court order shall provide, subject to rules of the state board of education, instruction in accredited courses, by a certified instructor, for the juvenile offenders under twenty-one (21) years of age who are housed in the detention facility for juvenile offenders, and shall upon satisfactory completion of required public school courses or correspondence course from a state institution of higher learning in Idaho, issue credits or a diploma evidencing such achievement. Every student served by a public school district pursuant to this section shall be counted as an exceptional child by the district for purposes of state reimbursement.

History:

[33-2009, added 1989, ch. 155, sec. 20, p. 401; am. 1998, ch. 88, sec. 9, p. 303.]
Idaho Code § 33-1005 — Idaho Code / Title 33 / Chapter 10 / Section 33-1005
33-1005 DISTRICTS RECEIVING FEDERAL FUNDS.
Status: in_force

33-1005. Districts receiving federal funds. In school districts which receive moneys for the maintenance and operation of the schools from agencies of the federal government, the educational support program shall be computed on the basis of the average daily attendance of pupils as set forth in this chapter and without regard to the manner in which such allowance from the federal government may be computed.

History:

[33-1005, added 1963, ch. 13, sec. 127, p. 27; am. 1963, ch. 322, sec. 5, p. 919; am. 1980, ch. 179, sec. 6, p. 390.]
Idaho Code § 33-4001 — Idaho Code / Title 33 / Chapter 40 / Section 33-4001
33-4001 BOISE STATE UNIVERSITY ESTABLISHED — STANDARDS — PROFESSIONAL-TECHNICAL PROGRAMS.
Status: in_force

33-4001. Boise State University established — Standards — Professional-technical programs. The college now known as Boise state college and previously operated and conducted by Boise community college district in Ada County, Idaho, known as Boise college, shall be established in the city of Boise, Idaho, as an institution of higher education of the state of Idaho, for the purpose of giving instruction in college courses in sciences, arts and literature, professional, technical and other courses of higher education, such courses being those that are usually included in colleges and universities leading to the granting of appropriate collegiate degrees, said college to be known as Boise State University. The standards of the courses and departments maintained in said university shall be at least equal to, or on a parity with those maintained in other similar colleges and universities in Idaho and other states. All programs in the professional-technical departments, including terminal programs now established and maintained, may be continued and such additional professional-technical and terminal programs may be added as the needs of the students attending such university taking professional-technical and terminal programs shall warrant, and the appropriate certificate for completion thereof shall be granted. The courses offered and degrees granted at said university shall be determined by the board of trustees.

History:

[33-4001, added 1967, ch. 369, sec. 1, p. 1062; am. 1974, ch. 25, sec. 1, p. 803; am. 1999, ch. 329, sec. 35, p. 877.]
Idaho Code § 33-5604 — Idaho Code / Title 33 / Chapter 56 / Section 33-5604
33-5604 EDUCATION OPPORTUNITY RESOURCE COMMITTEE — POWERS AND DUTIES.
Status: in_force

33-5604. education opportunity resource committee — Powers and Duties. In carrying out its powers and duties set forth in this section, the education opportunity resource committee shall focus on the broadband, wireless LAN and related services needs of all E-rate eligible entities. At a minimum, the committee shall:

(1) Make budget and policy recommendations to the office of the state board of education regarding:

(a) Broadband parameters;

(b) Wireless LAN parameters;

(c) Incentives for E-rate eligible entities to obtain the most appropriate service that best fits such entities' broadband needs and that is fiscally responsible;

(d) Incentives for districts to obtain the most appropriate service that best fits their wireless LAN needs and that is fiscally responsible; and

(e) The minimum and maximum service levels, the quality of services, and the minimum per-student or per-person internet and wireless LAN levels that contracts must adhere to for E-rate eligible entities to be eligible for state reimbursement.

(2) Establish reimbursement methodology that includes, but is not necessarily limited to, the following components:

(a) Distribution of appropriated moneys to E-rate eligible entities that have received E-rate funding. Distribution of such moneys must be in an amount equal to the non-E-rate reimbursed cost of internet services;

(b) If E-rate funding is not available to an E-rate eligible entity for any reason, other than a failure of the entity to apply in good faith for available E-rate funding, reimbursement to the entity for its internet service costs;

(c) Distribution of appropriated moneys remaining, after internet services are fully funded, for wide area networks (WANs). If necessary, the committee shall create an equalization formula for WAN distributions; and

(d) Distribution of appropriated moneys for related services, including but not limited to wireless LAN service, to districts that either have received E-rate funding or have applied in good faith for E-rate funding.

(3) Compile and analyze broadband utilization statistics from E-rate eligible entities to determine the levels of internet services necessary for such entities and report the statistics to the office of the state board of education. E-rate eligible entities shall cooperate with the committee in carrying out its duty to compile and analyze such information;

(4) Advise and recommend resources to assist the office of the state board of education in carrying out its responsibility to provide E-rate application assistance and support to districts;

(5) Not provide legal advice;

(6) Collaborate with other relevant governmental and nongovernmental entities to ensure best practices in broadband and wireless LAN are used and to recommend the terms of contracts for broadband, wireless LAN and related services; and

(7) Ensure compliance with appropriate purchasing laws.

History:

[33-5604, added 2016, ch. 182, sec. 3, p. 493; am. 2017, ch. 141, sec. 2, p. 335; am. 2023, ch. 36, sec. 2, p. 171.]
Idaho Code § 33-1302 — Idaho Code / Title 33 / Chapter 13 / Section 33-1302
33-1302 LEGISLATIVE FINDINGS.
Status: in_force

33-1302. Legislative findings. The legislature hereby finds that interpreting services in Idaho public schools, kindergarten through grade twelve (12), for students who are deaf, hard of hearing or deaf-blind need to be improved. The absence of state standards for evaluating educational interpreters allows for inconsistencies in the delivery of educational information to students who are in need of such services. The legislature recognizes that educational interpreters in Idaho public schools must not only interpret the spoken word but must also convey concepts and facilitate the student's understanding of the educational material. The legislature also finds that among the many factors that influence student success, there is a correlation between the academic achievements of deaf, hard of hearing and deaf-blind students and the competency of their interpreters. Therefore, the legislature finds that Idaho educational public policy is served by establishing standards for persons employed in the Idaho public schools as educational interpreters.

History:

[33-1302, added 2006, ch. 173, sec. 1, p. 531.]
Idaho Code § 33-1301 — Idaho Code / Title 33 / Chapter 13 / Section 33-1301
33-1301 SHORT TITLE.
Status: in_force

33-1301. Short title. This chapter shall be known and may be cited as the "Idaho Educational Interpreter Act."

History:

[33-1301, added 2006, ch. 173, sec. 1, p. 531.]
Idaho Code § 33-5205A — Idaho Code / Title 33 / Chapter 52 / Section 33-5205A
33-5205A TRANSFER OF CHARTER.
Status: in_force

33-5205A. TRANSFER OF CHARTER. (1) A charter may be transferred to, and placed under the chartering authority of, any authorizer if the receiving authorizer and the charter holder agree to such transfer. The receiving authorizer and charter holder may agree to revisions to the charter and performance certificate as required by such transfer.

(2) Upon request for a transfer, the current authorizer has seventy-five (75) days to approve the transfer request or to provide written justification for not approving such request.

(3) If the current authorizer does not approve the request, then the matter may be appealed to the office of administrative hearings and be subject to judicial review as a contested case pursuant to chapter 52, title 67, Idaho Code.

History:

[33-5205A, added 2024, ch. 9, sec. 15, p. 68.]
Idaho Code § 33-307 — Idaho Code / Title 33 / Chapter 3 / Section 33-307
33-307 CORRECTING OR ALTERING SCHOOL DISTRICT BOUNDARIES.
Status: in_force

33-307. Correcting or altering school district boundaries. (1) Whenever the state board of education shall find that school district boundaries should be corrected or altered, because of error in the legal description of the boundaries of any school district, or for any other reason, including, but not limited to:

(a) Any part of the area of the state is not included within the area of a school district; or

(b) Is included in more than one (1) school district; or

(c) The approval in any school election involving the excision and annexation of territory, or the consolidation of school districts, the division of a school district, or the lapse of a school district;

then the superintendent of public instruction shall make an appropriate order including an omitted area into any school district, or districts, or correcting or altering the boundaries of the districts, in such manner as, in his judgment, is just and proper.

(2) A copy of any such order shall be sent by the state department of education to the board of trustees of any school district affected by the order, which shall notify the state tax commission and the county assessor and county recorder in accordance with the provisions of section 63-215, Idaho Code.

(3) Within thirty (30) days of receipt of the order, the state tax commission and the county assessor shall correct or alter the legal description of the school district or districts, as the same may appear in their respective records. The state tax commission shall notify the board of trustees of the affected school district and the state department of education that the county records have been corrected as ordered effective upon such notification. In the case of either the consolidation or division of a school district, the proposal shall become effective the first day of July next following the date of the order.

(4) The state board of education may promulgate rules to govern the procedures for correcting or altering school district boundaries.

History:

[33-307, added 1963, ch. 13, sec. 37, p. 27; am. 1973, ch. 9, sec. 1, p. 21; am. 1980, ch. 38, sec. 1, p. 65; am. 1998, ch. 244, sec. 1, p. 803; am. 2009, ch. 107, sec. 1, p. 339.]
Idaho Code § 33-1610 — Idaho Code / Title 33 / Chapter 16 / Section 33-1610
33-1610 INVOLVEMENT OF PARENTS AND COMMUNITY GROUPS.
Status: in_force

33-1610. Involvement of parents and community groups. School districts shall involve parents and school district community groups in the planning, development, evaluation and revision of any instruction in sex education offered as a part of this new program.

History:

[33-1610, added 1970, ch. 119, sec. 3, p. 282.]
Idaho Code § 33-1627 — Idaho Code / Title 33 / Chapter 16 / Section 33-1627
33-1627 MATH INITIATIVE.
Status: in_force

33-1627. math initiative. (1) The legislature finds that mathematical skills are increasingly important to the future academic and career success of students. The legislature further finds that student mathematical skills are not currently meeting the needs of Idaho's economy and must be improved. To this end, the state department of education shall promote the improvement of mathematical instruction and student achievement through one (1) or more of the following activities:

(a) Provide high quality professional development for teachers that is intensive, ongoing and connected to classroom practice, that focuses on student learning, aligns with school improvement priorities and goals, and builds strong working relationships among teachers;

(b) Provide statewide online mathematical instruction programs that furnish mathematical tutoring, remedial instruction and advanced instruction;

(c) Provide formative assessments to assist teachers in identifying student mathematical skill levels, areas of deficiency and areas of advancement.

(2) The cost of math initiative activities provided for in this section shall be paid by the state department of education from moneys appropriated for this program in the educational support program budget.

History:

[33-1627, added 2014, ch. 255, sec. 1, p. 645.]
Idaho Code § 33-1515 — Idaho Code / Title 33 / Chapter 15 / Section 33-1515
33-1515 REQUIREMENTS FOR AUTHORIZED VEHICLES FOR THE TRANSPORTATION OF PUPILS TO AND FROM SCHOOL AND SCHOOL-RELATED EVENTS.
Status: in_force

33-1515. REQUIREMENTS FOR AUTHORIZED VEHICLES FOR THE TRANSPORTATION OF PUPILS TO AND FROM SCHOOL AND SCHOOL-RELATED EVENTS. (1) For the purpose of this section, the term "authorized vehicle" shall exclude any motor vehicle deemed a school bus when it has a seating capacity of more than ten (10) persons and meets the current national and state minimum standards for school bus construction and shall exclude parental transportation of children.

(2) Authorized vehicles may be used when school bus transportation cannot be reasonably provided and shall not be routinely used for service for home-to-school and school-to-home purposes except for preschool children, special needs children, homeless children, foster children, children inaccessible to school buses, and students placed in alternative schools or for work programs or vocational or trades training.

(3) Authorized vehicles may be used when school bus transportation cannot be reasonably provided for trips that are an extension of the instructional program.

(4) The authorized vehicle shall be equipped with safety equipment, including a fire extinguisher, first aid kit, body fluid cleanup kit, spare fuses, and emergency reflectors.

(5) The name of the school district, or the name of the contractor, if applicable, shall be clearly marked on the side of the vehicle.

(6) Authorized vehicles shall be inspected by a qualified mechanic at intervals of not more than sixty (60) days during each school year. This inspection shall cover at the minimum all applicable requirements, documentation, and service procedures provided for by the state department of education and by the board of trustees of the school district.

(7) It is the responsibility of each authorized vehicle driver to complete and document a daily pre-trip inspection before transporting pupils.

(8) Loading of authorized vehicles shall be performed in compliance with the passenger, weight, and other associated restrictions as identified by the original equipment manufacturer.

(9) Drivers of authorized vehicles shall meet at least the minimum requirements specified by the state department of education.

History:

[33-1515, added 2025, ch. 278, sec. 7, p. 1182.]
Idaho Code § 33-122 — Idaho Code / Title 33 / Chapter 1 / Section 33-122
33-122 SANITATION — SAFETY — COOPERATION WITH OTHER STATE AGENCIES.
Status: in_force

33-122. Sanitation — Safety — Cooperation with other state agencies. The state board shall cooperate with the board of health and welfare in establishing regulations covering school building sanitation, sewage disposal, water supply, or other matters affecting the public health, as shall in the opinion of the board be required. It may cooperate with any other department of state government in any matter in which such cooperation will be of assistance in carrying out its duties.

Whenever the state board has reason to believe that any building used as a school building is so structurally unsafe, unsound, or deficient, as to constitute a hazard to the pupils attending thereat, it shall have authority to cause an examination of such building to be made by a competent engineer. The engineer making such examination shall report, in writing, to the state board, setting out in what respect such building is unsafe, unsound, or deficient, as aforesaid.

The state board shall transmit a copy of such report to the board of trustees of the school district wherein such building is situate, or to the governing body of any such school if it not be a public school, and the same shall be kept in the administrative office of such school district, or school, there to be available for public inspection. The state board shall also order and cause to be published a summary of such engineer's report in at least one (1) issue of a newspaper having general circulation in the same school district, or in the area of the same school if it not be a public school.

History:

[33-122, added 1963, ch. 13, sec. 22, p. 27; am. 1974, ch. 23, sec. 10, p. 633.]
Idaho Code § 33-2725 — Idaho Code / Title 33 / Chapter 27 / Section 33-2725
33-2725 LIBRARY DISTRICT BUDGET — PUBLIC HEARING — NOTICE — ADJUSTMENTS.
Status: in_force

33-2725. Library district budget — Public hearing — Notice — Adjustments. The board of trustees of each library district shall prepare for the ensuing fiscal year a budget and prior to its adoption shall have called and caused to be held a public hearing thereon at a regular or special meeting. Notice of the time and place of the hearing shall be published at least once in a newspaper printed, or having general circulation within the district or in the county or counties in which the library district may lie. The board of trustees of each library district shall also prepare and publish, as a part of this notice, a summary statement of the budget for the ensuing year prepared in a manner consistent with standard accounting practices and indicating amounts previously budgeted for the then current year for purposes of comparison.

During the year the board of trustees may proceed to adjust the budget as adopted to reflect the receipt of unanticipated revenue, grants, or donations from federal, state or local government or private sources, provided that there shall be no increase in the property tax portion of the annual certified budget. Prior to the adoption of the budget adjustment, the library board shall have called and cause to be held a public hearing thereon at a regular or special meeting. Notice of the time and place of the hearing shall be published at least once in a newspaper printed or having general circulation within the district or in the county or counties in which the library district may lie. The board of trustees of each library district shall also prepare and publish, as a part of this notice, a summary of the budget and the adjustments prepared in a manner consistent with standard accounting practices and indicating amounts previously budgeted for the then current year for purposes of comparison.

History:

[(33-2725) I.C., sec. 33-2713A, as added by 1982, ch. 177, sec. 1, p. 465; am. and redesignated 1989, ch. 132, sec. 20, p. 297; am. 1996, ch. 71, sec. 27, p. 233; am. 2002, ch. 312, sec. 10, p. 891.]
Idaho Code § 33-2101 — Idaho Code / Title 33 / Chapter 21 / Section 33-2101
33-2101 JUNIOR COLLEGE DISTRICTS, APPROVALS, BOUNDARIES OF JUNIOR COLLEGE AREAS.
Status: in_force

33-2101. Junior college districts, approvals, boundaries of junior college areas. Junior college districts may be formed and organized in accordance with the provisions of this chapter, and junior colleges maintained therein shall be intermediate institutions of higher education above grade twelve (12).

To provide for the orderly establishment and growth of junior colleges, a statewide system of six junior college areas is hereby created, as hereafter described. The State Board of Education shall only approve the existence of one centrally located district in any area until the enrollment of such junior college therein exceeds 1000 full time day students a year from within the area.

The boundaries of junior college areas hereby created may be changed by the State Board of Education upon 30 days notice to the boards of trustees of each school district in each of the junior college areas affected and upon public hearing. No change shall be made to place more than one existing junior college in an area. Notice of any boundary change shall forthwith be filed with the board of county commissioners of each county affected.

Area No. 1 shall comprise the territory of the counties of Benewah, Bonner, Boundary, Kootenai and Shoshone.

Area No. 2 shall comprise the territory of the counties of Clearwater, Idaho, Latah, Lewis and Nez Perce.

Area No. 3 shall comprise the territory of the counties of Ada, Adams, Boise, Canyon, Gem, Payette, Valley, Washington, that portion of Elmore County lying generally west of a line described as follows:

Beginning at the junction of the boundary line common to Blaine, Boise, Custer and Elmore counties, thence proceeding in a general southerly direction along the boundaries of Blaine and Elmore counties and Blaine and Camas counties to the northeast corner of Section 1, T. 1 S., R. 11 E., B.M.; thence west 3 miles to the northwest corner of Section 3, same township and range; thence south 4 miles to the southwest corner of Section 22, T. 1 S., R. 11 E., B.M.; thence west a distance of 15 miles more or less to the southwest corner of Section 19, T. 1 S., R. 9 E., B.M.; thence south 2 miles to the southwest corner of Section 31, T. 1 S., R. 9 E., B.M.; thence west a distance of one and three-fourths (1 3/4) miles more or less to a point where the south section line of Section 35, T. 1 S., R. 8 E., B.M., intersects Bennett Creek; thence in a southwesterly direction down said Bennett Creek approximately 8 miles more or less to the southwest corner of Section 27, T. 2 S., R. 8 E., B.M.; thence south along the section lines 5 miles to the southwest corner of Section 22, T. 3 S., R. 8 E., B.M.; thence west 3 miles to the northwest corner of Section 30, T. 3 S., R. 8 E., B.M.; thence south along the section lines a distance of 14 miles more or less to the Snake River which is also the boundary between Elmore and Owyhee counties;

and that portion of Owyhee County lying generally west of a line described as follows:

Beginning at the northwest corner of Section 33, T. 5 S., R. 7 E., B.M., which is on the boundary of Elmore and Owyhee counties, thence south along the section lines 7 miles more or less to the southwest corner of Section 33, T. 6 S., R. 7 E., B.M.; thence west to the northwest corner of Section 4, T. 7 S., R. 7 E., B.M.; thence south one and one-half (1 1/2) miles more or less to the southwest corner of Section 9, T. 7 S., R. 7 E., B.M.; thence east along the section lines 10 miles more or less to the northeast corner of Section 13, T. 7 S., R. 8 E., B.M.; thence south 4 miles to the southeast corner of Section 36, T. 7 S., R. 8 E., B.M.; thence east twenty-one and one-half (21 1/2) miles more or less to the north-south center line of Section 3, T. 8 S., R. 12 E., B.M.; which is also the boundary line of Twin Falls and Owyhee counties; thence south along said boundary lines 36 miles to the township line between Townships 13 South and 14 South, R. 12 E., B.M.; thence west along said township line twenty-seven and one-half (27 1/2) miles more or less to the southwest corner of Section 31, T. 13 S., R. 8 E., B.M.; thence south along the section lines 17 miles more or less to the southwest corner of Section 30, T. 16 S., R. 8 E., B.M.; which is also the Nevada State Line.

Area No. 4 shall comprise the territory of the counties of Blaine, Camas, Cassia, Gooding, Jerome, Lincoln, Minidoka, Twin Falls, and those portions of the counties of Elmore and Owyhee not included in the description of Area No. 3.

Area No. 5 shall comprise the territory of the counties of Bannock, Bear Lake, Caribou, Franklin, Oneida, Power, and that portion of Bingham County lying west of a line described as follows:

Beginning at the northeast corner of Section 1, T. 3 N., R. 33 E., B.M.; which is also a point common to Jefferson, Bonneville and Bingham counties; thence due south on the section line a distance of eighteen (18) miles to the southeast corner of Section 36, T. 1 N., R. 33 E., B.M.; thence east on the township line a distance of five and one-half (5 1/2) miles more or less to the north-south center line of Section 6, T. 1 S., R. 35 E., B.M.; thence south on the center section line a distance of six (6) miles more or less to a point where said center line intersects the east-west section line common to Section 6, T. 2 S., R. 35 E., B.M. and Section 31, T. 1 S., R. 35 E., B.M.; thence east along said section line a distance of five and one-half (5 1/2) miles more or less to the northeast corner of Section 1, T. 2 S., R. 35 E., B.M.; thence south one and one-half (1 1/2) miles to the southwest corner of the northwest quarter of Section 7, T. 2 S., R. 36 E., B.M.; thence east six (6) miles more or less to the Range line common to Ranges 36 and 37 E., B.M.; thence south on said Range line two and one-quarter (2 1/4) miles more or less to its point of intersection with the Blackfoot River; thence following the Blackfoot River in a northeasterly and southeasterly direction to a point where said river intersects the township line common to Bingham and Caribou counties.

Area No. 6 shall comprise the territory of the counties of Bonneville, Butte, Clark, Custer, Fremont, Jefferson, Lemhi, Madison, Teton, and that portion of Bingham County not included in the description of Area No. 5.

History:

[33-2101, added 1963, ch. 363, sec. 1, p. 1037; am. 1965, ch. 238, sec. 1, p. 576.]
Idaho Code § 33-1004D — Idaho Code / Title 33 / Chapter 10 / Section 33-1004D
33-1004D REPORTING — IDAHO BASIC EDUCATIONAL DATA SYSTEM.
Status: in_force

33-1004D. Reporting — Idaho basic educational data system. For each employee of the school district, a report shall be made in a format prescribed by the state superintendent of public instruction, which shall include sufficient identifying information to provide individual verification, education, teaching experience, and other district employment information. The form shall be filed with the state department of education not later than October 15 of each school year. Provided however, that the department may accept data for instructional employees hired prior to January 1 of each year if the position was advertised as open on the school district website prior to October 15, and no qualified applications were received prior to that date.

History:

[33-1004D, added 1994, ch. 428, sec. 8, p. 1377; am. 2014, ch. 271, sec. 1, p. 677.]
Idaho Code § 33-6101 — Idaho Code / Title 33 / Chapter 61 / Section 33-6101
33-6101 DEFINITIONS.
Status: in_force

33-6101. DEFINITIONS. As used in this chapter:

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

(2) "College and career readiness score" means the minimum score on a college entrance examination indicating that a student is academically ready to advance to an institution of higher education or to an occupation or occupational training, as determined by the board.

(3) "College entrance examination" means the ACT, the SAT, or a similar examination identified by the board.

(4) "Participation portfolio" means a description of a student's nonacademic and cocurricular activities including, but not limited to, student government, sports, music ensembles, theater, clubs, organizations, work, internships, and volunteering. A participation portfolio should also include any leadership positions a student holds in nonacademic activities.

History:

[33-6101, added 2019, ch. 297, sec. 1, p. 879.]
Idaho Code § 33-1402 — Idaho Code / Title 33 / Chapter 14 / Section 33-1402
33-1402 ENROLLMENT OPTIONS.
Status: in_force

33-1402. Enrollment options. (1) Each school district shall implement an enrollment options program as provided in this section. School districts shall adopt policies to govern the process for enrollment options pursuant to this chapter, including in-district transfers. The policies shall prohibit discrimination against any pupil on the basis of his residential address, ability, disability, race, ethnicity, sex, or socioeconomic status. Such policies shall be posted to the school district's website. Schools of choice within a district that have lottery enrollment policies are not subject to the provisions of this chapter.

(2) Whenever the parent or legal guardian of any Idaho pupil determines that it is in the best interest of the pupil to attend a school within another district, or to attend another school within the home district, such pupil may be transferred to and attend the selected school, subject to the provisions of this section and section 33-1404, Idaho Code.

(3) The pupil's parent or legal guardian shall apply for admission to a school within another district, or to another school within the home district, on a form provided by the state department of education or a district-provided form that is substantially similar. The application shall be submitted to the receiving school district by February 1 for enrollment during the following school year, and notice of such application shall be given to the home district. At the time of application, the parent or legal guardian shall request that the home district or school forward the pupil's student record. The home district or school shall respond by forwarding a certified copy of the transferred student's record within ten (10) days, unless the provisions of section 18-4511, Idaho Code, apply. The receiving school district, or the receiving school within the home district, shall notify the applicant within sixty (60) days and, if denied, shall include written explanation of the denial.

(4) There may be times during the school year when a parent or legal guardian believes it is in the best interest of the pupil to transfer schools. Open enrollment applications shall be accepted at any time throughout the year. However, those applications received after the February 1 deadline will be considered based on capacity stated in policy at the receiving district.

(5) Priority for enrollment under this section shall be given to pupils applying to attend another school within the home district.

(6) A district may deny a transfer application for the following reasons:

(a) The pupil was expelled by the pupil's previous district;

(b) The pupil has a documented history of significant disciplinary issues;

(c) The pupil has a conviction or adjudication for any of the offenses under section 20-525A(5), Idaho Code, or chapter 9, 61, or 66, title 18, Idaho Code;

(d) The pupil has a documented history of chronic absenteeism; or

(e) The receiving district does not have space available pursuant to section 33-1409, Idaho Code. Where applicable, a denial may include information about other schools that are below maximum enrollment.

(7) For a pupil accepted by the receiving school or district, the parent or legal guardian does not need to reapply to regain acceptance the next school year. However, the parent or legal guardian shall provide notice to the receiving school or district of intent for the pupil to reenroll. The district may prescribe the form of notice. Once a pupil has been enrolled at the same school for a second consecutive year, the pupil may complete his education at such school, unless the pupil's approved transfer has been revoked pursuant to this section.

(8) Whenever any pupil enrolls in and attends a school outside the district within which the parent or legal guardian resides, the parent or legal guardian shall be responsible for transporting the pupil to and from the school or to an appropriate bus stop within the receiving district. For students attending another school within the home district, the parent or legal guardian is responsible for transporting the pupil to and from an appropriate bus stop. Tuition shall be waived for parents or legal guardians of any Idaho pupils allowed under the provisions of this section. Tuition charged to the debtor district may be waived by the creditor district.

(9) A pupil who applies and is accepted in a nonresident school district is subject to the policy of the receiving school district and shall be ineligible to again apply for an enrollment option or the transfer approval may be revoked in that nonresident district if:

(a) The pupil is chronically absent;

(b) The pupil commits repeated, serious disciplinary infractions;

(c) The pupil commits disciplinary infractions that result in expulsion;

(d) The pupil has a conviction or adjudication for any of the offenses under section 20-525A(5), Idaho Code, or chapter 9, 61, or 66, title 18, Idaho Code; or

(e) The school in which the student is enrolled exceeds maximum enrollment of resident pupils due to growth. However, pursuant to subsection (7) of this section, the receiving district may not revoke a transfer approval to a school after two (2) consecutive years of attendance. If a transfer approval is revoked under this subsection, the receiving district shall offer the pupil information about other schools within the district that are below maximum enrollment.

(10) A receiving school shall inform the parent or legal guardian of the circumstances that jeopardize the student's status at a transfer school.

(11) No district shall take any action to prohibit or prevent application by resident pupils to attend school in another school district or to attend another school within the home district.

History:

[33-1402, added 1990, ch. 43, sec. 2, p. 68; am. 1993, ch. 76, sec. 1, p. 202; am. 2023, ch. 156, sec. 1, p. 420; am. 2024, ch. 16, sec. 10, p. 143; am. 2025, ch. 220, sec. 2, p. 1038.]
Idaho Code § 33-2726 — Idaho Code / Title 33 / Chapter 27 / Section 33-2726
33-2726 FISCAL YEAR — ANNUAL REPORTS — AUDIT.
Status: in_force

33-2726. Fiscal year — Annual reports — Audit. The fiscal year of each library district shall commence on the first day of October of each year. The board of trustees of each library district shall annually, not later than the first day of January, file with the board of library commissioners a report of the operations of the district for the fiscal year just ended. The report shall be on the form and contain the information that the board of library commissioners requires, but in all cases must include a complete accounting of all financial transactions for the fiscal year being reported.

The board of trustees of each library district shall cause to be made a full and complete audit of the books and accounts of the district as required in section 67-450B, Idaho Code.

History:

[(33-2726) 33-2718, added 1963, ch. 188, sec. 18, p. 568; am. 1982, ch. 52, sec. 1, p. 80; am. and redesignated 1989, ch. 132, sec. 21, p. 297; am. 1993, ch. 327, sec. 17, p. 1208; am. 1993, ch. 387, sec. 7, p. 1424; am. 1996, ch. 71, sec. 28, p. 233; am. 2006, ch. 235, sec. 29, p. 717.]
Idaho Code § 33-2801 — Idaho Code / Title 33 / Chapter 28 / Section 33-2801
33-2801 UNIVERSITY ESTABLISHED.
Status: in_force

33-2801. University established. There is hereby established in this state, at the town of Moscow, in the county of Latah, an institution of learning, by the name and style of the University of Idaho.

History:

[(33-2801) 1888-1889, p. 21, sec. 1; reen. R.C. & C.L., sec. 485; C.S., sec. 1056; I.C.A., sec. 32-2301.]
Idaho Code § 33-4906 — Idaho Code / Title 33 / Chapter 49 / Section 33-4906
33-4906 ANNUAL REPORT ON THE PROGRAM.
Status: in_force

33-4906. Annual report on the program. The division of career technical education shall prepare a public report annually. The report shall be completed with the assistance of the program coordinator and the program advisory committee. The report shall include the number and location of various courses offered, the number of instructors approved, the number of students trained in various courses, other information about program implementation as deemed appropriate, and an assessment of the overall impact of the program on motorcycle safety in the state. The report shall also provide a complete accounting of revenue receipts of the motorcycle safety program fund and of all moneys expended under the program.

History:

[(33-4906) 33-4806, added 1994, ch. 234, sec. 10, p. 744; am. and redesig. 2005, ch. 25, sec. 55, p. 102; am. 2009, ch. 30, sec. 6, p. 84; am. 2016, ch. 25, sec. 34, p. 54.]
Idaho Code § 33-124 — Idaho Code / Title 33 / Chapter 1 / Section 33-124
33-124 SPECIAL VOCATIONAL EDUCATION PROGRAMS.
Status: in_force

33-124. Special vocational education programs. Any school district, or combination of school districts, within the state of Idaho, including charter districts, may submit to the state board of education a plan for the operation of a program providing instruction and training for students with disabilities under the age of twenty-two (22) years in vocational education. The state board of education may approve or disapprove such a plan. However, should the state board approve such a plan, then the program operated under such a plan shall be entitled to all considerations and benefits which by law are available to the educational programs of the school districts.

History:

[33-124, added 1969, ch. 218, sec. 1, p. 713; am. 2010, ch. 235, sec. 11, p. 551.]
Idaho Code § 33-1117 — Idaho Code / Title 33 / Chapter 11 / Section 33-1117
33-1117 CALL OR REDEMPTION OF BONDS — NOTICE.
Status: in_force

33-1117. Call or redemption of bonds — Notice. The board of trustees of any school district having outstanding bonds which are redeemable or callable before final maturity, having sufficient money in its bond interest and redemption fund may redeem one (1) or more bonds, on any callable or redeemable date. Notice of redemption shall be given in the manner specified in the bonds or the resolution authorizing the bonds.

History:

[33-1117, added 1963, ch. 13, sec. 113, p. 27; am. 1969, ch. 466, sec. 4, p. 1326; am. 2013, ch. 183, sec. 6, p. 439.]
Idaho Code § 33-1225 — Idaho Code / Title 33 / Chapter 12 / Section 33-1225
33-1225 THREATS OF VIOLENCE — LIMITATION ON LIABILITY.
Status: in_force

33-1225. Threats of violence — Limitation on liability. (1) A communication by any person to a school principal, or designee, or a communication by a student attending the school to the student's teacher, school counselor or school nurse, and any report of that communication to the school principal stating that a specific person has made a threat to commit violence on school grounds by use of a firearm, explosive, or deadly weapon defined in chapter 33, title 18, Idaho Code, is a communication on a matter of public concern. Such communication or report shall only be subject to liability in defamation by clear and convincing evidence that the communication or report was made with knowledge of its falsity or with reckless disregard for the truth or falsity of the communication or report. This section shall not be interpreted to change or eliminate other elements of defamation required by law.

(2) As used in this section, "school" means any public or private school providing instruction in kindergarten or any grades from grade one (1) through grade twelve (12) which is the subject of a threat.

History:

[33-1225, added 2003, ch. 263, sec. 1, p. 698.]
Idaho Code § 33-2713 — Idaho Code / Title 33 / Chapter 27 / Section 33-2713
33-2713 DISSOLUTION OF LIBRARY DISTRICT.
Status: in_force

33-2713. Dissolution of library district. A library district may be dissolved according to procedures followed in its original organization, but not earlier than four (4) years after the date of its establishment. The ballot shall contain the words "Shall (Name) Public Library District be dissolved–Yes" and "Shall (Name) Public Library District be dissolved–No," each followed by a box wherein a voter may express his choice by marking a cross "X". If the library district embraces territory in more than one (1) county, an election for its dissolution shall be deemed approved only if a majority of the votes cast in each such county were cast in the affirmative. If, upon the canvass of ballots, it is determined that the proposition has been approved, the board of county commissioners of the home county shall enter its order to that effect and transmit a copy of said order to the board of county commissioners in any other county affected, and said order shall by them be made a matter of record. When any library district is dissolved, all property and assets of the library district shall be disposed of by the board of county commissioners of the home county. Receipts from the sale of assets and all unpaid taxes, when collected, shall be first used to retire any indebtedness of the district. Any remainder shall be apportioned to the counties embraced in the library district in proportion to the assessed valuation of each which was included in the library district, and placed in the respective county general expense fund. If, after the application of the tax monies and sale proceeds, indebtedness remains, the board of county commissioners of the home county shall provide for the payment of the remaining indebtedness from special levies certified to each county in proportion to the assessed valuation of each which was included in the district. The tax shall be collected by each county and remitted to the home county for payment of the remaining indebtedness.

History:

[(33-2713) 1963, ch. 188, sec. 20, p. 568; am. 1980, ch. 187, sec. 1, p. 414; am. 1981, ch. 305, sec. 1, p. 627; am. 1986, ch. 21, sec. 1, p. 62; am. and redesignated 1989, ch. 132, sec. 8, p. 291; am. 1996, ch. 71, sec. 14, p. 226.]
Idaho Code § 33-5101 — Idaho Code / Title 33 / Chapter 51 / Section 33-5101
33-5101 PURPOSE.
Status: in_force

33-5101. Purpose. The purpose of this chapter is to promote rigorous academic pursuits and to provide a wider variety of options to high school pupils by encouraging and enabling secondary pupils to enroll full-time or part-time in nonsectarian courses or programs in eligible postsecondary institutions as defined in section 33-5102, Idaho Code.

History:

[33-5101, added 1997, ch. 283, sec. 1, p. 860.]
Idaho Code § 33-5102 — Idaho Code / Title 33 / Chapter 51 / Section 33-5102
33-5102 DEFINITIONS.
Status: in_force

33-5102. Definitions. As used in this chapter:

(1) "Course" means a course of instruction or a program of instruction.

(2) "Dual credit" means credit awarded to a student on his or her secondary and postsecondary transcript for the completion of a single course.

(3) "Eligible institution" means a public or private postsecondary educational institution accredited by an organization recognized by the state board of education.

(4) "Postsecondary credit" means credit awarded to a student on his or her postsecondary transcript for the completion of a course.

(5) "Secondary credit" means credit awarded to a student on his or her secondary transcript for the completion of a course.

History:

[33-5102, added 1997, ch. 283, sec. 1, p. 860; am. 2014, ch. 27, sec. 1, p. 37.]
Idaho Code § 33-1203 — Idaho Code / Title 33 / Chapter 12 / Section 33-1203
33-1203 ACCREDITED TEACHER TRAINING REQUIREMENTS.
Status: in_force

33-1203. Accredited teacher training requirements. Except in the limited fields of trades and industries and specialists certificates of school librarians and school nurses, the state board shall not authorize the issuance of any standard certificate premised upon less than four (4) years of accredited college training, including such professional training as the state board may require, or the successful completion of a state board of education-approved registered apprenticeship program for teachers; but in emergencies, which must be declared, the state board may authorize the issuance of provisional certificates based on not less than two (2) years of college training.

History:

[33-1203, added 1963, ch. 13, sec. 145, p. 27; am. 2023, ch. 175, sec. 2, p. 478.]
Idaho Code § 33-903 — Idaho Code / Title 33 / Chapter 9 / Section 33-903
33-903 PUBLIC SCHOOL INCOME FUND.
Status: in_force

33-903. Public school income fund. (1) The public school income fund is that fund in the treasury of the state of Idaho to which are credited the following:

(a) Moneys distributed from the public school earnings reserve fund and other sources the legislature deems appropriate;

(b) Proceeds of all state taxes levied for public school purposes;

(c) Grants of moneys from the federal government for public school purposes when other disposition is not specified by law;

(d) Ninety percent (90%) of any moneys received by any department of state government from the federal government from sales, royalties, bonuses or rentals of oil, gas or mineral lands;

(e) Legislative appropriations in support of the public schools, and other moneys required by the law of the federal government or of the state of Idaho to be made a part of and credited to the fund.

(2) Earnings on the investment of idle moneys in the public school income fund shall be paid to the public school income fund.

(3) Moneys in the public school income fund shall be used for the benefit of beneficiaries of the public school endowment and distributed to current beneficiaries of the public school endowment pursuant to legislative appropriation.

History:

[33-903, added 1963, ch. 13, sec. 119, p. 27; am. 1976, ch. 28, sec. 1, p. 63; am. 1984, ch. 180, sec. 1, p. 426; am. 1990, ch. 377, secs. 1, 4, p. 1042; am. 1998, ch. 256, sec. 9, p. 830.]
Idaho Code § 33-3103 — Idaho Code / Title 33 / Chapter 31 / Section 33-3103
33-3103 MEETINGS, OFFICERS, AND PROCEEDINGS OF BOARD.
Status: in_force

33-3103. Meetings, officers, and proceedings of board. The said board of trustees may conduct its proceeding in such manner as will best conduce to the proper dispatch of business. A majority of the board of trustees shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time No member of said board of trustees shall participate in any proceeding in which he has any pecuniary interest. Every vote and official act of the said board of trustees shall be entered of record. No vacancy in the board of trustees shall impair the right of the remaining trustees to exercise all the powers of the said board of trustees. At their first meeting, and annually thereafter, the said board of trustees shall elect from their number a chairman, a vice-chairman and a secretary. The state treasurer shall be treasurer of said board of trustees. It shall be the duty of the secretary to keep an accurate and detailed account of the doings of the board.

History:

[(33-3103) 1893, p. 6, sec. 3; reen. 1899, p. 164, sec. 3; reen. R.C. & C.L., sec. 502; C.S., sec. 1082; I.C.A., sec. 32-2503; am. 1971, ch. 44, sec. 3, p. 92.]
Idaho Code § 33-405 — Idaho Code / Title 33 / Chapter 4 / Section 33-405
33-405 QUALIFICATIONS OF SCHOOL ELECTORS.
Status: in_force

33-405. Qualifications of school electors. Any person voting, or offering to vote, in any school election must be, at the time of the election eighteen (18) years of age and a United States citizen who has resided in this state and in the school district at least thirty (30) days next preceding the election in which the elector desires to vote. In the case of election of trustees, the elector must be a resident of the same trustee zone as the candidate or candidates for school district trustees for whom the elector offers to vote for at least thirty (30) days next preceding the election in which the elector desires to vote.

Registration requirements set forth in chapter 4, title 34, Idaho Code, shall be applicable to school elections. The elector may be required to furnish to the election official proof of residence, which proof shall be established by either an Idaho motor vehicle driver's license or any other document definitely establishing the elector's residence within the school district or trustee zone.

History:

[(33-405) 1963, ch. 13, sec. 48, p. 27; am. 1969, ch. 177, sec. 1, p. 533; am. 1970, ch. 37, sec. 1, p. 81; am. 1970, ch. 136, sec. 1, p. 331; am. 1971, ch. 25, sec. 3, p. 61; am. and redesignated 1982, ch. 60, sec. 8, p. 112; am. 1985, ch. 257, sec. 1, p. 711; am. 1987, ch. 256, sec. 1, p. 519; am. 1989, ch. 88, sec. 67, p. 208; am. 2009, ch. 341, sec. 35, p. 1016.]
Idaho Code § 33-305 — Idaho Code / Title 33 / Chapter 3 / Section 33-305
33-305 NAMING AND NUMBERING SCHOOL DISTRICTS.
Status: in_force

33-305. Naming and numbering school districts. Each school district as the same is organized on the effective date of this act shall bear the same number as theretofore. Excepting specially chartered school districts, each school district operating a secondary school, or secondary schools, on said date shall be designated by number and county, after the following style:

School District No. .., …. County, State of Idaho, or Joint School District No. .., …., …., (and ….) Counties, State of Idaho.

Each school district which, on the effective date of this act, is maintaining only an elementary school, or elementary schools, shall be designated after the following style:

Elementary School District No. .., …. County, State of Idaho, or Joint Elementary School District No. .., …., …., (and ….) Counties, State of Idaho.

Joint districts shall be designated by the same number in each county in which the district lies, or shall lie.

Wherever the term "school district" appears in this act, it shall mean and include any school district, joint school district, elementary school district, joint elementary school district or specially chartered school district, unless a more limited meaning is clearly expressed and intended, or unless any provision of a charter is contrary thereto.

History:

[33-305, added 1963, ch. 13, sec. 35, p. 27.]
Idaho Code § 33-5901 — Idaho Code / Title 33 / Chapter 59 / Section 33-5901
33-5901 SHORT TITLE.
Status: in_force

33-5901. short title. This chapter shall be known and may be cited as the "Idaho School Safety and Security Act."

History:

[(33-5901) 33-5801, added 2016, ch. 192, sec. 1, p. 534; am. and redesig. 2017, ch. 58, sec. 16, p. 110.]
Idaho Code § 33-1508 — Idaho Code / Title 33 / Chapter 15 / Section 33-1508
33-1508 OPERATION OF SCHOOL BUSES.
Status: in_force

33-1508. Operation of school buses. (1) All school buses shall at all times be operated in conformity with law and with rules of the Idaho state police and the state board of education.

(2) No school bus shall:

(a) Cross any railroad track, or enter or cross any arterial highway without first coming to a full stop. If any such crossing, intersection or access be obscured by trees, buildings or other objects, or because of wind, storm or fog, the school bus driver shall open such windows and doors as will permit him to determine when it is safe to proceed;

(b) Be operated at any time for the transportation of pupils by any person who does not have a current commercial driver's license (CDL) as specified in section 49-105, Idaho Code, and the minimum training for bus drivers as prescribed by the state board of education;

(c) Be operated at any time in excess of its maximum occupancy as determined by the manufacturer. Occupancy at no time shall exceed three (3) persons in a seat.

History:

[33-1508, added 1963, ch. 13, sec. 86, p. 27; am. 1982, ch. 92, sec. 6, p. 173; am. 1989, ch. 88, sec. 68, p. 209; am. 2000, ch. 426, sec. 1, p. 1379; am. 2000, ch. 469, sec. 81, p. 1526; am. 2005, ch. 88, sec. 1, p. 305.]
Idaho Code § 33-211 — Idaho Code / Title 33 / Chapter 2 / Section 33-211
33-211 STUDENTS' DRIVER'S LICENSES.
Status: in_force

33-211. Students' driver's licenses. The board of trustees of a school district and all employees of the school district are authorized to and shall administer the school district's portion of section 49-303A, Idaho Code, relating to driver's licenses and school attendance.

History:

[33-211, added 1996, ch. 348, sec. 6, p. 1167.]
Idaho Code § 33-504 — Idaho Code / Title 33 / Chapter 5 / Section 33-504
33-504 VACANCIES ON BOARDS OF TRUSTEES.
Status: in_force

33-504. Vacancies on boards of trustees.

(1)(a) A vacancy shall be declared by the board of trustees when any nominee has been elected but has failed to qualify for office, or within thirty (30) days of when any trustee:

(i) Dies;

(ii) Resigns as trustee;

(iii) Removes himself from his trustee zone of residence;

(iv) Is no longer a resident or school district elector of the district;

(v) Refuses to serve as trustee; or

(vi) Without excuse acceptable to the board of trustees, fails to attend four (4) consecutive regular meetings of the board.

(b) A vacancy shall exist when any trustee is recalled and discharged from office in accordance with section 34-1712, Idaho Code. Such vacancy shall occur at the time of certification of the special recall election and does not require the board of trustees to declare that a vacancy exists. Notwithstanding sections 34-1709 and 34-1712, Idaho Code, between the time of the special recall election and when the results of the special recall election are proclaimed, the trustee subject to the special recall election shall not be permitted to participate in any actions that would alter the structure of the board of trustees or create new contractual or financial obligations for the school district.

(2) With the exception of recall, any declaration of vacancy shall be made at any regular or special meeting of the board of trustees, at which any of the conditions provided in subsection (1)(a) of this section are determined to exist.

(3) The board of trustees shall appoint to such vacancy a person qualified to serve as trustee of the school district provided there remains in membership on the board of trustees a majority of the membership thereof, and the board shall notify the state superintendent of public instruction of the appointment. Such appointment shall be made within ninety (90) days of the declaration of vacancy. After ninety (90) days, if the board of trustees is unable to appoint a trustee from the zone vacated, the board of trustees may appoint a person at large from within the boundaries of the school district to serve as the trustee from the zone where the vacancy occurred. Otherwise, after one hundred twenty (120) days from the declaration of vacancy, appointments shall be made by the board of county commissioners of the county in which the district is situated, or of the home county if the district be a joint district.

(4) Any person appointed as provided in subsection (3) of this section shall serve for the balance of the unexpired term of the office that was declared vacant and filled by appointment.

History:

[33-504, added 1963, ch. 13, sec. 54, p. 27; am. 1975, ch. 181, sec. 2, p. 497; am. 1984, ch. 94, sec. 2, p. 219; am. 1986, ch. 348, sec. 20, p. 864; am. 1987, ch. 141, sec. 1, p. 282; am. 2009, ch. 57, sec. 2, p. 161; am. 2009, ch. 341, sec. 42, p. 1018; am. 2024, ch. 219, sec. 1, p. 773.]
Idaho Code § 33-5303 — Idaho Code / Title 33 / Chapter 53 / Section 33-5303
33-5303 STATE'S GUARANTY — MONITORING OF FINANCIAL SOLVENCY CONTRACT WITH BONDHOLDERS — GUARANTY — LIMITATION AS TO CERTAIN REFUNDED BONDS.
Status: in_force

33-5303. State's guaranty — Monitoring of financial solvency contract with bondholders — guaranty — Limitation as to certain refunded bonds.

(1) (a) The state of Idaho pledges to and agrees with the holders of any bonds that the state will not alter, impair, or limit the rights vested by the default avoidance program with respect to the bonds until the bonds, together with applicable interest, are fully paid and discharged.

(b) Notwithstanding paragraph (a) of this subsection, nothing contained in this chapter precludes an alteration, impairment, or limitation if adequate provision is made by law for the protection of the holders of the bonds.

(c) Each school district may refer to this pledge and undertaking by the state in its bonds.

(2) (a) The sales tax of the state is pledged to guarantee full and timely payment of the principal of, either at the stated maturity or by any advancement of maturity pursuant to a mandatory sinking fund payment, and interest on, refunding bonds issued on and after March 1, 1999, for voter-approved bonds which were voted on by the electorate prior to March 1, 1999, and voter-approved bonds which were voted on by the electorate on and after March 1, 1999, as such payments shall become due, except that in the event of any acceleration of the due date of such principal by reason of mandatory or optional redemption or acceleration resulting from default or otherwise, other than any advancement of maturity pursuant to a mandatory sinking fund payment, the payments guaranteed shall be made in such amounts and at such times as such payments of principal would have been due had there not been any such acceleration.

(b) This guaranty does not extend to the payment of any redemption premium.

(c) Reference to this chapter by its title on the face of any bond conclusively establishes the guaranty provided to that bond under provisions of this chapter.

(3) (a) Any bond guaranteed under this chapter that is currently refunded and considered paid for no longer has the benefit of the guaranty provided by this chapter from and after the date on which that bond was considered to be paid.

(b) In accordance with section 57-504(7), Idaho Code, any bond guaranteed under this chapter that is advance refunded and is itself secured by bond proceeds held in escrow no longer has the benefit of the guaranty provided by this chapter from and after the date on which the proceeds from the advance refunding have been placed in an irrevocable escrow.

(4) Only validly issued bonds issued after the effective date of this chapter are guaranteed under this chapter.

History:

[33-5303, added 1999, ch. 328, sec. 1, p. 841; am. 2002, ch. 305, sec. 1, p. 869; am. 2007, ch. 89, sec. 2, p. 244; am. 2009, ch. 185, sec. 1, p. 601; am. 2016, ch. 159, sec. 1, p. 442.]
Idaho Code § 33-6704 — Idaho Code / Title 33 / Chapter 67 / Section 33-6704
33-6704 EXEMPTIONS.
Status: in_force

33-6704. exemptions. This chapter shall not apply:

(1) To single-occupancy restrooms and changing facilities or restrooms and changing facilities that are conspicuously designated for unisex or family use;

(2) To restrooms and changing facilities that have been temporarily designated for use by that person's biological sex;

(3) To a person of one sex who uses a single-sex facility designated for the opposite sex, if such single-sex facility is the only facility reasonably available at the time of the person's use of the facility;

(4) To a person employed to clean, maintain, or inspect a restroom or single-sex facility;

(5) To a person who enters a restroom or facility to render medical assistance;

(6) To a person who is in need of assistance and, for the purposes of receiving that assistance, is accompanied by a family member, a legal guardian, or the person's designee who is a member of the designated sex for the single-sex restroom or changing facility;

(7) To coaching staff and personnel during athletic events; or

(8) During an ongoing natural disaster or emergency, or when necessary to prevent a serious threat to good order or student safety.

History:

[(33-6704) 33-6604, added 2023, ch. 120, sec. 1, p. 344; am. and redesig. 2024, ch. 16, sec. 12, p. 146.]
Idaho Code § 33-1617 — Idaho Code / Title 33 / Chapter 16 / Section 33-1617
33-1617 ENGLISH LANGUAGE LEARNERS — PROGRAM REQUIREMENTS.
Status: in_force

33-1617. English language learners — Program requirements. It is legislative intent that the state board of education and state department of education develop statewide, research-based goals for students in Idaho who are English language learners. Goals shall specifically address compliance with applicable state and federal law and court decisions.

The board of trustees of each school district shall formulate a plan in sufficient detail that measurable objectives can be identified and addressed which will accomplish English language acquisition and improved academic performance. Moneys distributed to school districts based upon the population of limited-English proficiency students and distributed to school districts to support programs for students with non-English or limited-English proficiency shall be utilized in support of the district plan.

The district plan and allocation of funds shall be part of a report made annually to the state board of education and state department of education. The state board of education shall provide a summary of these reports to the legislature. Recommendations for program enhancements needed to reach the statewide goals are to be brought to the legislature after review and approval by the state board of education.

History:

[33-1617, added 2004, ch. 349, sec. 1, p. 1042.]
Idaho Code § 33-2706 — Idaho Code / Title 33 / Chapter 27 / Section 33-2706
33-2706 ESTABLISHMENT OF LIBRARY DISTRICT EMBRACING MORE THAN ONE COUNTY.
Status: in_force

33-2706. Establishment of library district embracing more than one county. When the proposed library district embraces more than one (1) county, the petition and procedure for praying for the establishment of the district shall be carried forward in each county as though that county were the only county affected. Each petition shall designate the same home county for the proposed district.

The board of county commissioners of the home county shall advise with the board of county commissioners in any other county affected to the end that the election shall be held in each county on the same day. The board of county commissioners in each county shall proceed in the conduct of the election as though the election were being held only in that county as set forth in section 33-2705, Idaho Code. After the canvass of the returns, the results in each other county shall be certified to the board of county commissioners of the home county, together with all ballots and tally sheets. The board of county commissioners of the home county shall canvass all returns and certify the results of the election to the board of county commissioners of any other county affected. The proposal shall be deemed approved only if a majority of all votes cast in each county were cast in the affirmative. If this is the case, the board of county commissioners of the home county shall enter an order declaring the library district to be created, designating its name and boundaries, including a map prepared in a draftsmanlike manner. A certified copy of the order shall be transmitted by the board of county commissioners to the county recorder, the county assessor and the state tax commission in a timely manner, but no later than December 15, in the calendar year in which the election was held. A copy of this order shall also be transmitted to the board(s) of county commissioners of any other county affected, which shall enter the order in its minutes. A copy of this order shall also be transmitted to the board of library commissioners.

History:

[33-2706, added 1963, ch. 188, sec. 6, p. 27; am. 1996, ch. 71, sec. 7, p. 220; am. 2006, ch. 235, sec. 20, p. 710.]
Idaho Code § 33-1403 — Idaho Code / Title 33 / Chapter 14 / Section 33-1403
33-1403 TRANSFER OF PUPILS BY INITIATIVE OF THE BOARD OF TRUSTEES.
Status: in_force

33-1403. Transfer of pupils by initiative of the board of trustees. (1) Whenever the board of trustees of any school district shall determine that it is in the best interest of any of its pupils to attend school in another district within this state, the boards of trustees of the districts may annually agree, in writing, that such pupil or pupils shall be transferred to and attend the designated school or schools of the other district party to the agreement.

(2) Whenever the board of trustees of any Idaho school district abutting upon another state shall determine that it is in the best interest of any of its pupils to attend school in a school district in such neighboring state, the board of trustees may annually agree, in writing, with the governing board of the nearest appropriate school district in the neighboring state for the education, and transportation if the school district attended abuts on the home district, of such pupil or pupils. Any such agreement shall specify the rate of tuition, and cost of transportation if any, to be paid by the Idaho school district, and the agreement shall be entered into the records of the board of trustees and a copy thereof shall be filed with the state board of education.

(3) The board of trustees of any Idaho school district, as a creditor district, may, subject to the approval of the state board of education, enter into an agreement with the governing body of any school district in another state, as the debtor district, to educate, and if necessary transport, any of the pupils of such debtor district upon such terms and conditions as may be agreed upon and approved, but the rate of tuition to be charged by the Idaho school district shall be not less than the gross per-pupil cost of the credit district, as defined in section 33-1405, Idaho Code, plus the per-pupil costs paid by the state for the employer's share of social security, and the employer's share of retirement for the employees of the creditor district for the previous fiscal year, and other appropriate costs, all as determined by the state board of education. A copy of the agreement shall be entered into the records of the board of trustees and a copy thereof shall be filed.

(4) No pupil shall be transferred to any school without the notification and consent of the pupil's parent or guardian.

History:

[33-1403, added 1963, ch. 13, sec. 74, p. 27; am. 1973, ch. 117, sec. 1, p. 218; am. 1975, ch. 22, sec. 2, p. 34; am. 1976, ch. 85, sec. 2, p. 290; am. 1978, ch. 174, sec. 1, p. 398; am. 2023, ch. 156, sec. 2, p. 422.]
Idaho Code § 33-4405 — Idaho Code / Title 33 / Chapter 44 / Section 33-4405
33-4405 PROGRAM REQUIREMENTS.
Status: in_force

33-4405. Program requirements. To be eligible for the program, a person must be an Idaho resident student enrolled at an accredited institution of higher education at least half-time, as defined by the eligible institution, and be in good standing and demonstrate academic progress according to the institution's published standards of satisfactory academic progress for financial aid purposes.

The entire allocation for the program must be used to provide employment to students with documented financial need or educational need. Requirements for determination of financial need shall be the same as those for the federal college work study program. However, the financial aid office may adjust the federal financial need definition for unusual circumstances documented by the financial aid office. All application procedures for need-based programs, as defined by the institution, shall be followed.

Requirements for determination of educational need shall be formulated by each participating institution, subject to review by the state board of education; provided, that such requirements shall include a requirement that the work experience be related to the student's course of academic study.

History:

[33-4405, added 1989, ch. 124, sec. 1, p. 274; am. 1990, ch. 95, sec. 4, p. 200.]
Idaho Code § 33-5109 — Idaho Code / Title 33 / Chapter 51 / Section 33-5109
33-5109 CREDITS.
Status: in_force

33-5109. Credits. (1) A pupil may enroll in a course under the provisions of this chapter for secondary credit, for postsecondary credit or for dual credit. At the time a pupil enrolls in a course, the pupil shall designate the type of credit desired. A pupil taking several courses may designate some for secondary credit, some for postsecondary credit and some for dual credit.

(2) A school district shall grant academic or career technical credit, as applicable to the course, to a pupil enrolled in a course for secondary credit if the pupil successfully completes the course. Four (4) semester college credits equal at least one (1) full year (two (2) semester credits) of high school credit in that subject. Fewer college credits may be prorated.

(3) The secondary credits granted to a pupil shall be counted toward the graduation requirements and subject area requirements of the school district. Evidence of successful completion of each course and secondary credits granted shall be included in the pupil's secondary school record. A pupil shall provide the school with a copy of the pupil's grade in each course taken for secondary credit under the provisions of this chapter. Upon the request of a pupil, the pupil's secondary school record shall also include evidence of successful completion and credits granted for a course taken for postsecondary credit. In either case, the record shall indicate that the credits were earned at a postsecondary institution.

(4) If a pupil enrolls in a postsecondary institution after leaving secondary school, the postsecondary institution shall award postsecondary credit for any course successfully completed for secondary credit at that institution. Other postsecondary institutions may award, after a pupil leaves secondary school, postsecondary credit for any courses successfully completed under the provisions of this chapter. An institution shall not charge a pupil for the award of credit.

(5) Postsecondary faculty instructing a course for postsecondary, secondary or dual credit shall not be required to obtain a certificate pursuant to chapter 12, title 33, Idaho Code, nor shall the postsecondary faculty be deemed an employee of a school district for any purpose under law.

History:

[33-5109, added 1997, ch. 283, sec. 1, p. 862; am. 1998, ch. 165, sec. 2, p. 560; am. 2017, ch. 88, sec. 2, p. 235.]
Idaho Code § 33-2202 — Idaho Code / Title 33 / Chapter 22 / Section 33-2202
33-2202 STATE BOARD FOR CAREER TECHNICAL EDUCATION — POWERS AND DUTIES.
Status: in_force

33-2202. State board for career technical education — Powers and duties. (1) The state board of education is hereby designated as the state board for career technical education for the purpose of carrying into effect the provisions of the federal act known as the Smith-Hughes act, amendments thereto, and any subsequent acts now or in the future enacted by the congress affecting vocational education, and is hereby authorized to cooperate with the United States office of education, vocational division, or any other agency of the United States designated to administer such legislation, in the administration and enforcement of the provisions of said act, or acts, and to exercise such powers and perform such acts as are necessary to entitle the state of Idaho to receive the benefits of the same, and to execute the laws of the state of Idaho relative to career technical education; to administer the funds provided by the federal government and the state of Idaho under the provisions of this chapter for promotion of education in agricultural subjects, trade and industrial subjects, family and consumer science subjects and other subjects authorized by the board. Incident to the other powers and duties of the board for career technical education, the board may hold title to real property.

(2) As used in this title, unless otherwise specifically defined, the term "career technical education" means all secondary, postsecondary, and adult courses, programs, training, and services administered by the division of career technical education for occupations or careers that require other than a baccalaureate, master's, or doctoral degree. As approved by the board, this term may also apply to specific courses or programs offered in grades 7 and 8 or offered by any approved public charter school that are delivered through traditional or virtual online instructional methods. This term may also apply to virtual, blended, or other career technical education programs.

(3) The courses, programs, training, and services include, but are not limited to, career, technical, and applied technology education. They are delivered through the career technical delivery system of public secondary schools, including approved public charter schools, irrespective of the delivery method, and postsecondary schools and colleges. The division of career technical education will include approved public charter schools and their students equally and without discrimination in reviewing, authorizing, and funding the delivery of career technical education courses and programs, irrespective of the school's chosen instructional delivery method, as long as the chosen instructional delivery method is appropriate to the nature of the work as demonstrated by participation in a capstone course that meets recognized industry standards. Career technical education programs may be delivered by traditional, blended, or virtual models and must meet the required elements as outlined in the state standards for secondary programs. Virtual programs will utilize post-capstone interviews conducted by industry professionals to demonstrate technical proficiency and to satisfy face-to-face requirements. Interviews will be based on students' needs and may be conducted face-to-face or electronically.

History:

[(33-2202) 1919, ch. 53, part of sec. 2, p. 160; C.S., sec. 1003; I.C.A., sec. 32-1702; am. 1963, ch. 150, sec. 1, p. 451; am. 1970, ch. 4, sec. 1, p. 6; am. 1999, ch. 329, sec. 5, p. 856; am. 2016, ch. 25, sec. 11, p. 43; am. 2018, ch. 95, sec. 1, p. 203; am. 2019, ch. 298, sec. 2, p. 882.]
Idaho Code § 33-6809 — Idaho Code / Title 33 / Chapter 68 / Section 33-6809
33-6809 LIMITATIONS AND EXCLUSIONS.
Status: in_force

33-6809. Limitations and Exclusions. The provisions of this chapter shall not:

(1) Prevent a public institution of higher education from prohibiting, limiting, or restricting commercial activity or commercial speech;

(2) Prevent a public institution of higher education from prohibiting, limiting, or restricting expression that is not protected by the first amendment to the constitution of the United States, including true threats or expression directed to provoke imminent lawless action and likely to produce imminent lawless action;

(3) Prevent a public institution of higher education from prohibiting harassment as defined in section 33-6803(2), Idaho Code; or

(4) Allow an individual to engage in conduct that materially and substantially disrupts the protected expressive activity of another individual occurring in a space on campus reserved for the other individual's protected expressive activity under the exclusive use or control of a particular group or student organization.

History:

[33-6809, added 2025, ch. 194, sec. 1, p. 894.]
Idaho Code § 33-2913 — Idaho Code / Title 33 / Chapter 29 / Section 33-2913
33-2913 AGRICULTURAL COLLEGE PERMANENT ENDOWMENT FUND.
Status: in_force

33-2913. Agricultural college permanent endowment fund. (1) There is established in the state treasury the agricultural college permanent endowment fund. This fund is perpetually appropriated for the beneficiaries of the endowment. The fund shall be managed and invested by the endowment fund investment board according to law and the policies established by the state board of land commissioners. The fund principal shall forever remain intact. The fund shall be a permanent fund and shall consist of the following:

(a) Proceeds of the sale of agricultural college endowment lands granted to the state of Idaho by the United States government under the provisions of the Idaho Admission Bill, 26 Stat. L. 215, ch. 656;

(b) Proceeds of royalties arising from the extraction of minerals on agricultural college endowment lands owned by the state;

(c) Moneys allocated from the agricultural college earnings reserve fund.

(2) Proceeds from the sale of agricultural college endowment lands may be first deposited into the land bank fund established in section 58-133, Idaho Code, to be used to acquire other lands within the state for the benefit of beneficiaries of the agricultural college endowment. If the land sale proceeds are not used to acquire other lands in accordance with section 58-133, Idaho Code, the proceeds shall be deposited into the agricultural college permanent endowment fund along with any earnings on the proceeds.

(3) Earnings from the agricultural college permanent endowment fund shall be distributed according to the provisions of section 57-723A, Idaho Code.

History:

[33-2913 added 1998, ch. 256, sec. 21, p. 834.]
Idaho Code § 33-5409 — Idaho Code / Title 33 / Chapter 54 / Section 33-5409
33-5409 COLLEGE SAVINGS FUND.
Status: in_force

33-5409. College savings fund. (1) There is hereby created in the state treasury the "College Savings Fund" to which shall be credited:

(a) Administrative fees and service charges in connection with any agreement, contract or transaction related to the college savings program;

(b) Fees and charges collected to cover costs associated with the powers and duties of the board as required in section 33-5402, Idaho Code;

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

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

(2) Moneys in the fund shall be continuously appropriated to the board, and any moneys remaining in the fund at the end of each fiscal year shall not be appropriated to any other fund.

(3) Moneys in the fund shall only be used to effect the purposes of this chapter, pursuant to the provisions as prescribed herein. The office of a board member is authorized to receive a portion of the moneys approved by the board to defray costs associated with the implementation, administration and oversight of the college savings program, including the administrative activities delegated pursuant to section 33-5403, Idaho Code.

History:

[33-5409, added 2007, ch. 225, sec. 1, p. 678; am. 2013, ch. 110, sec. 5, p. 265.]
Idaho Code § 33-202 — Idaho Code / Title 33 / Chapter 2 / Section 33-202
33-202 SCHOOL ATTENDANCE COMPULSORY.
Status: in_force

33-202. School attendance compulsory. The parent or guardian of any child resident in this state who has attained the age of seven (7) years at the time of the commencement of school in his district, but not the age of sixteen (16) years, shall cause the child to be instructed in subjects commonly and usually taught in the public schools of the state of Idaho. To accomplish this, a parent or guardian shall either cause the child to be privately instructed by, or at the direction of, his parent or guardian; or enrolled in a public school or public charter school, including an on-line or virtual charter school or private or parochial school during a period in each year equal to that in which the public schools are in session; there to conform to the attendance policies and regulations established by the board of trustees, or other governing body, operating the school attended.

History:

[33-202, added 1963, ch. 13, sec. 25, p. 27; am. 1992, ch. 243, sec. 1, p. 721; am. 2009, ch. 103, sec. 2, p. 318.]
Idaho Code § 33-138 — Idaho Code / Title 33 / Chapter 1 / Section 33-138
33-138 DIGNITY AND NONDISCRIMINATION IN PUBLIC EDUCATION.
Status: in_force

33-138. dignity and nondiscrimination in public education. (1) It is the intent of the legislature that administrators, faculty members, other employees, and students at public schools, including public charter schools and institutions of higher education, respect the dignity of others, acknowledge the right of others to express differing opinions, and foster and defend intellectual honesty, freedom of inquiry and instruction, and freedom of speech and association.

(2) The Idaho legislature finds that tenets outlined in subsection (3)(a) of this section, often found in "critical race theory," undermine the objectives outlined in subsection (1) of this section and exacerbate and inflame divisions on the basis of sex, race, ethnicity, religion, color, national origin, or other criteria in ways contrary to the unity of the nation and the well-being of the state of Idaho and its citizens.

(3) In accordance with section 6, article IX of the constitution of the state of Idaho and section 67-5909, Idaho Code:

(a) No public institution of higher education, school district, or public school, including a public charter school, shall direct or otherwise compel students to personally affirm, adopt, or adhere to any of the following tenets:

(i) That any sex, race, ethnicity, religion, color, or national origin is inherently superior or inferior;

(ii) That individuals should be adversely treated on the basis of their sex, race, ethnicity, religion, color, or national origin; or

(iii) That individuals, by virtue of sex, race, ethnicity, religion, color, or national origin, are inherently responsible for actions committed in the past by other members of the same sex, race, ethnicity, religion, color, or national origin.

(b) No distinction or classification of students shall be made on account of race or color.

(c) No course of instruction or unit of study directing or otherwise compelling students to personally affirm, adopt, or adhere to any of the tenets identified in paragraph (a) of this subsection shall be used or introduced in any institution of higher education, any school district, or any public school, including a public charter school.

(4) Nothing in this section should be construed to prohibit the required collection or reporting of demographic data by public schools or public institutions of higher education.

History:

[33-138, added 2021, ch. 293, sec. 1, p. 885.]
Idaho Code § 33-1035 — Idaho Code / Title 33 / Chapter 10 / Section 33-1035
33-1035 SCHOOL DISTRICT EARNED AUTONOMY.
Status: in_force

33-1035. SCHOOL DISTRICT EARNED AUTONOMY. (1) Notwithstanding any provision of law to the contrary, a school district that satisfies the requirements set forth in this section may spend its allocated state funding, including but not limited to discretionary funds, categorical funds, and salary apportionment, in the manner it deems best serves its students and schools.

(2) A school district shall have the option to participate in the flexibility provided in this section if it:

(a) Meets the following academic benchmarks:

(i) The school district's composite proficiency rate on the Idaho standards achievement test is in the top twenty percent (20%) of school districts statewide or the school district exceeds the state proficiency average by at least fifteen (15) percentage points in both English language arts and math;

(ii) Seventy-five percent (75%) or more of the school district's K-3 students score proficient on the spring administration of the Idaho reading indicator or the school district demonstrates a fifteen percent (15%) reduction in students scoring below basic annually; and

(iii) The school district maintains an adjusted cohort graduation rate that is three (3) percentage points higher than the state average or the percentage of graduates who earn a college and career readiness indicator that includes career technical education completion, an associate's degree, qualifying advance placement, an international baccalaureate, or a dual credit course is five (5) percentage points higher than the state average;

(b) Provides the following evidence demonstrating financial stability for each of the previous three (3) fiscal years:

(i) An unqualified audit opinion or a qualified opinion qualified solely on the basis of not reporting the actuarial value of the public employee retirement system of Idaho sick leave plan pursuant to statement no. 45 of the governmental accounting standards board;

(ii) An audit devoid of significant findings and conditions, material weaknesses, or significant internal control deficiencies; and

(iii) An audit that does not include a going concern disclosure in the notes or an explanatory paragraph within the audit report.

(3) Participating school districts shall be exempt from the reporting requirements, including those established through rulemaking authority, of sections 33-119, 33-135, 33-1002B, 33-1004E, 33-1028(1)(f) and (2), 33-1405, 33-1632, 33-1805, 33-1811, 33-2004, and 33-4805, Idaho Code, without incurring a penalty or a reduction in funding.

(4) Participating school districts shall automatically maintain spending flexibility from year to year, except that the state department of education may revoke eligibility if:

(a) The school district fails to receive an annual unmodified audit opinion or if the auditor's report on internal controls reports one (1) or more material weaknesses or significant deficiencies; or

(b) The school district fails to satisfy the academic requirements set forth in subsection (2) of this section for two (2) or more years.

(5) In 2029, the state board of education shall report to the legislature the number of participating school districts and changes, if any, in student growth or proficiency on the Idaho standards achievement test. Additionally, the report shall include information regarding whether any participating school districts collected a levy, and any disclosures required pursuant to section 33-802B, Idaho Code, shall be appended to the report.

History:

[33-1035, added 2026, ch. 309, sec. 1, p. 1249.]
Idaho Code § 33-1218 — Idaho Code / Title 33 / Chapter 12 / Section 33-1218
33-1218 SICK LEAVE IN EXCESS OF STATUTORY MINIMUM AMOUNTS — PROOF OF ILLNESS.
Status: in_force

33-1218. Sick leave in excess of statutory minimum amounts — Proof of illness. The board of trustees may fix and establish for the district a period of annual sick leave and accumulation of sick leave in excess of the amounts provided herein, in sections 33-1216 and 33-1217, Idaho Code, not discriminatory between employees, and as in its discretion may appear necessary, and may require proof of illness in accordance with section 33-1216, Idaho Code.

History:

[33-1218, added 1963, ch. 13, sec. 158B, p. 27; am. 1974, ch. 112, sec. 4, p. 1278; am. 2011, ch. 49, sec. 1, p. 114.]
Idaho Code § 33-5210 — Idaho Code / Title 33 / Chapter 52 / Section 33-5210
33-5210 APPLICATION OF SCHOOL LAW — EXEMPTION FROM STATE RULES.
Status: in_force

33-5210. APPLICATION OF SCHOOL LAW — EXEMPTION FROM STATE RULES. (1) All public charter schools are under the general supervision of the state board of education.

(2) Each public charter school shall comply with the financial reporting requirements of section 33-701 5. through 10., Idaho Code, in the same manner as those requirements are imposed upon school districts and shall comply with laws governing safety, including but not limited to sections 33-122 and 33-130, Idaho Code, and chapter 2, title 33, Idaho Code, and rules promulgated thereunder.

(3) Other than as specified in this section, each public charter school is exempt from rules governing school districts promulgated by the state board of education, with the exception of state rules relating to:

(a) Teacher certification as necessitated by the provisions of section 33-5206, Idaho Code;

(b) Accreditation of the school as necessitated by the provisions of section 33-119, Idaho Code;

(c) Qualifications of a student for attendance at an alternative school as necessitated by the provisions of section 33-5207, Idaho Code; and

(d) Rules promulgated pursuant to section 33-1612, Idaho Code.

History:

[33-5210, added 2024, ch. 9, sec. 31, p. 78.]
Idaho Code § 33-1118 — Idaho Code / Title 33 / Chapter 11 / Section 33-1118
33-1118 COMPLIANCE WITH STATUTE IS NOTICE OF EXERCISE OF OPTION.
Status: in_force

33-1118. Compliance with statute is notice of exercise of option. A compliance with the provisions of section 33-1117 shall be deemed sufficient notice to the owner or owners of such bonds that the school district has exercised its option to pay and redeem the bonds described, and interest thereon shall cease at the redeemable or callable date named in the notice.

History:

[33-1118, added 1963, ch. 13, sec. 114, p. 27.]
Idaho Code § 33-2118 — Idaho Code / Title 33 / Chapter 21 / Section 33-2118
33-2118 CREATION OF DORMITORY HOUSING COMMISSIONS.
Status: in_force

33-2118. Creation of dormitory housing commissions. In each junior college district of the state there is hereby created an independent public body corporate and politic to be known as a dormitory housing commission which shall not be an agency of the junior college district; provided, however, that such commission shall not transact any business or exercise its powers hereunder until or unless the board of trustees of the junior college district, by proper resolution, shall declare at any time hereafter that there is need for a commission to function in such district. The determination as to whether or not there is such need for a commission to function (a) may be made by the governing body on its own motion or (b) shall be made by the governing body upon the filing of a petition signed by twenty-five (25) residents of the district asserting that there is need for a commission to function in such district and requesting that the governing body so declare.

The governing body shall adopt a resolution declaring that there is need for a dormitory or dormitories at the junior college operated by such district, and shall set out in said resolution its finding, setting forth the necessity for such dormitory or dormitories, including such facts as it may find proper supporting such resolution.

In any suit, action or proceeding involving the validity or enforcement of, or relating to any contract of, the commission, the commission shall be conclusively deemed to have become established and authorized to transact business and exercise its powers hereunder, upon proof of the adoption of a resolution by the board of trustees of a junior college district declaring the need for the commission. Such resolution or resolutions shall be deemed sufficient if it declares that there is such need for a commission and finds in substantially the foregoing terms (no further detail being necessary) that such conditions exist in the junior college district. A copy of such resolution, duly certified by the clerk, shall be admissible in evidence in any suit, action or proceeding.

History:

[33-2118, added 1957, ch. 87, sec. 3, p. 137.]
Idaho Code § 33-2504 — Idaho Code / Title 33 / Chapter 25 / Section 33-2504
33-2504 STATE LIBRARIAN APPOINTED BY BOARD OF LIBRARY COMMISSIONERS — QUALIFICATIONS — POWERS.
Status: in_force

33-2504. State librarian appointed by board of library commissioners — Qualifications — Powers. The board of library commissioners shall employ a qualified state librarian to serve as its chief executive officer. The state librarian shall be a graduate of an accredited library school.

The state librarian shall, subject to the provisions of chapter 53, title 67, Idaho Code, employ and fix the compensation of all other employees of the commission who shall be directly responsible to the state librarian.

History:

[33-2504, added 2006, ch. 235, sec. 6, p. 703.]
Idaho Code § 33-1702 — Idaho Code / Title 33 / Chapter 17 / Section 33-1702
33-1702 MINIMUM STANDARDS FOR COURSES.
Status: in_force

33-1702. Minimum standards for courses. (1) The state board of education and the transportation department shall cooperate in establishing, and amending as need arises, minimum standards for driver training programs reimbursable hereunder.

(2) Such standards shall require not less than thirty (30) clock hours of classroom instruction, six (6) hours observation time in a driver training car, and six (6) hours behind-the-wheel practice driving; but the state board of education may allow in lieu of not more than three (3) hours of such practice driving, such equivalent thereof in simulated practice driving as the said board may have, by uniform rules, approved. The board shall adopt standards necessary to allow completion of the thirty (30) clock hours of required classroom instruction through an approved correspondence course.

History:

[33-1702, added 1963, ch. 13, sec. 166, p. 27; am. 1994, ch. 347, sec. 1, p. 1098; am. 1997, ch. 41, sec. 1, p. 77; am. 1998, ch. 110, sec. 3, p. 380; am. 2000, ch. 214, sec. 1, p. 584; am. 2004, ch. 223, sec. 1, p. 664.]
Idaho Code § 33-2205 — Idaho Code / Title 33 / Chapter 22 / Section 33-2205
33-2205 STATE BOARD TO APPOINT ADMINISTRATOR — DESIGNATION OF ASSISTANTS — DIVISION OF CAREER TECHNICAL EDUCATION — DUTIES AND POWERS.
Status: in_force

33-2205. State board to appoint administrator — Designation of assistants — division of career technical education — Duties and powers. (1) The state board of education shall appoint a person to serve as an administrator to the state board for career technical education, who shall be known as the administrator of career technical education. The administrator shall designate, by and with the advice and consent of the state board for career technical education, such assistants as may be necessary to properly carry out the provisions of the federal acts and this chapter for the state of Idaho. The administrator and such assistants shall together be known as the division of career technical education.

(2) The administrator of career technical education shall also carry into effect such rules as the state board for career technical education may adopt, shall coordinate all efforts in career technical education approved by the board with the executive secretary, and shall prepare such reports concerning the condition of career technical education in the state as the state board for career technical education may require.

(3) The division of career technical education may coordinate with the Idaho digital learning academy to develop any statewide virtual career technical education course delivery. Districts may choose to enroll in the course offered by the Idaho digital learning academy or may use their own curriculum providers.

(4) The division of career technical education shall maintain a list of secondary career technical education pathways that can be delivered by traditional means or entirely online, or a combination of both methods. The division of career technical education shall develop a methodology for the funding of each pathway delivery type. For those pathways that are able to be delivered entirely online, there shall be a presumption that they shall receive the same funding as for traditional career technical education pathways; however, actual funding shall be based upon actual approved costs, not to exceed the cost of delivering these pathways in a traditional setting.

(5) The division of career technical education may provide incentives to Idaho public colleges and universities offering career technical programs that, in coordination with the division, align their foundational courses that are required in the same or substantially similar programs of study so as to achieve uniformity and transferability in the core program requirements at all such public colleges and universities. Postsecondary credits earned by a student in a career technical education program shall transfer at the full credit value to any public Idaho college or university in a like program of study and such postsecondary credits will be treated by any such public college or university as satisfying specific course requirements in such program of study.

(6) The board shall authorize the issuance of career technical education certificates to individuals who seek to teach in career-related subjects and who:

(a) Submit to a criminal history check as described in section 33-130, Idaho Code, and meet at least one (1) of the following criteria:

(i) Hold or have held an approved industry certification in a field closely related to the content area in which the individual seeks to teach as defined by the division of career technical education;

(ii) Demonstrate adequate professional experience in a field closely related to the content area in which the individual seeks to teach, as determined by the state board for career technical education; or

(iii) Hold a baccalaureate degree in a field closely related to the content area in which the individual seeks to teach and demonstrate adequate professional experience in a field closely related to the content area in which the individual seeks to teach, as determined by the state board for career technical education; and

(b) Complete an educator training program or courses approved by the division of career technical education.

(7) The state board of education may promulgate rules to implement the provisions of this section.

History:

[(33-2205) 1919, ch. 53, sec. 3, p. 161; C.S., sec. 1006; I.C.A., sec. 32-1705; am. 1963, ch. 150, sec. 2, p. 451; am. 1974, ch. 10, sec. 13, p. 49; am. 1999, ch. 329, sec. 8, p. 858; am. 2015, ch. 150, sec. 1, p. 540; am. 2016, ch. 25, sec. 14, p. 44; am. 2018, ch. 96, sec. 2, p. 204; am. 2019, ch. 298, sec. 3, p. 883; am. 2020, ch. 151, sec. 2, p. 453; am. 2026, ch. 243, sec. 1, p. 1034.]
Idaho Code § 33-3411 — Idaho Code / Title 33 / Chapter 34 / Section 33-3411
33-3411 ACQUISITION OF AND TITLE TO PROPERTY.
Status: in_force

33-3411. ACQUISITION OF AND TITLE TO PROPERTY. (1) All rights and title to property, real and personal, belonging to the state of Idaho and vested in the Idaho state board of education for use as a school for the deaf and the blind shall remain with the Idaho state board of education.

(2) The Idaho state board of education may request moneys from the permanent building fund for the construction and maintenance of buildings on land owned by the state of Idaho and used by the Idaho bureau of educational services for the deaf and the blind.

History:

[33-3411, added 2009, ch. 168, sec. 4, p. 509; am. 2010, ch. 191, sec. 6, p. 410.]
Idaho Code § 33-318 — Idaho Code / Title 33 / Chapter 3 / Section 33-318
33-318 FAIR SHARE OF EXPENSES — APPROPRIATION FROM SCHOOL DISTRICT FUNDS.
Status: in_force

33-318. Fair share of expenses — Appropriation from school district funds. For the services and materials received from a cooperative service agency, boards of trustees may appropriate from school district funds and pay to the service agency an amount determined by the governing body of the agency to be their fair share of the expenses involved.

History:

[33-318, added 1967, ch. 362, sec. 4, p. 1042.]
Idaho Code § 33-2610 — Idaho Code / Title 33 / Chapter 26 / Section 33-2610
33-2610 DONATIONS.
Status: in_force

33-2610. Donations. Donations or gifts for the benefit of the library shall be budgeted along with other library accounts and shall be used only for library purposes. Money or other funds which are donated or given to the library may be expended by the board of trustees only in accordance with the city budget process.

History:

[33-2610, added 1993, ch. 186, sec. 11, p. 471.]
Idaho Code § 33-3723 — Idaho Code / Title 33 / Chapter 37 / Section 33-3723
33-3723 RURAL PHYSICIAN INCENTIVE FEE ASSESSMENT.
Status: in_force

33-3723. Rural physician incentive fee assessment. The state board of education may assess a fee to students preparing to be physicians in the fields of medicine or osteopathic medicine who are supported by the state pursuant to an interstate compact for a professional education program in those fields, as those fields are defined by the compact. The fee may not exceed an amount equal to four percent (4%) of the annual average medicine support fee paid by the state. The fee must be assessed by the board and deposited in the rural physician incentive fund established in section 39-5902, Idaho Code, to be administered by the department of health and welfare. Moneys are also payable into the fund from state appropriations, private contributions, gifts and grants and other sources. Income and earnings on the fund shall be returned to the fund. Subject to appropriation, the state shall match student contributions to the fund at a rate of two state dollars ($2.00) for every one dollar ($1.00) assessed as a student fee. The expenses of administering the physician incentive fund portion of the fund shall not exceed ten percent (10%) of the annual fees assessed pursuant to this section.

History:

[33-3723, added 2003, ch. 283, sec. 1, p. 767; am. 2012, ch. 44, sec. 1, p. 132; am. 2018, ch. 138, sec. 1, p. 284.]
Idaho Code § 33-1604 — Idaho Code / Title 33 / Chapter 16 / Section 33-1604
33-1604 BIBLE READING IN PUBLIC SCHOOLS.
Status: in_force

33-1604. Bible reading in public schools. Selections from the Bible, to be chosen from a list prepared from time to time by the state board of education, shall be read daily to each occupied classroom in each school district. Such reading shall be without comment or interpretation. Any question by any pupil shall be referred for answer to the pupil's parent or guardian.

History:

[33-1604, added 1963, ch. 13, sec. 179, p. 27.]
Idaho Code § 33-5107 — Idaho Code / Title 33 / Chapter 51 / Section 33-5107
33-5107 ENROLLMENT PRIORITY.
Status: in_force

33-5107. Enrollment priority. A postsecondary institution shall give priority to its postsecondary students when enrolling secondary students in courses for secondary credit only. Once a pupil has been enrolled in a postsecondary course under the provisions of this chapter, the pupil shall not be displaced by another student.

History:

[33-5107, added 1997, ch. 283, sec. 1, p. 861; am. 2014, ch. 27, sec. 6, p. 39.]
Idaho Code § 33-2710 — Idaho Code / Title 33 / Chapter 27 / Section 33-2710
33-2710 DETERMINATION OF THE PROPERTY PORTION OF THE BUDGET FOR CONSOLIDATED LIBRARIES — DISTRICT AND DISTRICT — DISTRICT AND CITY.
Status: in_force

33-2710. Determination of the property portion of the budget for consolidated libraries — District and district — District and city. (1) When two (2) district libraries have agreed to consolidate, the property tax portion of the new consolidated district's first budget will be determined in the following manner.

The property tax portion of each district's most recent annual certified budget will be added together. The resulting figure will be considered the dollar amount of property taxes on which to base the first annual budget for the new consolidated district. The provisions of section 63-802, Idaho Code, shall be applied to this dollar amount.

(2) When a tax supported city library has voted to consolidate with a district library, the property tax portion of the new consolidated district's first annual budget will be determined in the following manner.

The city library budget figure will be defined as the budget for library services, whether from the general fund and/or the library fund, in the city's annual certified budget in effect on the date the election was held, less fines, fees, and any other identifiable revenues from nontax sources, and any grants made directly to the city library board. The city library budget figure will be added to the property tax portion of the public library district's annual certified budget in effect on the date the election was held. The resulting figure will be considered the dollar amount of property taxes on which to base the first annual budget for the new consolidated district. The provisions of section 63-802, Idaho Code, shall be applied to this dollar amount.

If the city has established a dedicated library fund in effect on the date the election was held, those dollars will be removed from the city budget in the fiscal year in which the newly consolidated district begins to levy to provide library services.

(3) In any consolidation, the dollar amount of property taxes for the new consolidated district's budget shall not exceed six hundredths percent (.06%) of the market value for assessment purposes of all taxable property within the district.

(4) In any consolidation, the existing bonded debt of any district or districts shall not become the obligation of the proposed consolidated library district. The debt shall remain an obligation of the property which incurred the indebtedness.

History:

[33-2710, added 1990, ch. 378, sec. 8, p. 1050; am. 1991, ch. 10, sec. 1, p. 27; am. 1995, ch. 119, sec. 6, p. 516; am. 1996, ch. 71, sec. 11, p. 223; am. 1997, ch. 117, sec. 6, p. 304; am. 2003, ch. 203, sec. 1, p. 543.]
Idaho Code § 33-136 — Idaho Code / Title 33 / Chapter 1 / Section 33-136
33-136 SUICIDE PREVENTION IN SCHOOLS.
Status: in_force

33-136. suicide prevention in schools. (1) The state board of education shall adopt rules supporting suicide awareness and prevention training each year for public school personnel. This training may be provided within the framework of existing in-service training programs offered by the state board of education and the state department of education or as part of professional development activities.

(2)(a) The state board of education and state department of education shall, in consultation with the state department of health and welfare, education and health care stakeholders, and suicide prevention experts, develop a list of approved training materials to fulfill the requirements of this section.

(b) Approved materials shall include training on how to identify appropriate mental health services, both within the school and the larger community, and when and how to refer youth and their families to those services.

(c) Approved materials may include programs that can be completed through self-review of suitable suicide prevention materials.

(3)(a) Each public school district shall adopt a policy on student suicide prevention. Such policy shall, at a minimum, address procedures relating to suicide prevention, intervention and postvention. As used in this paragraph, "postvention" means counseling or other social care given to students after another student's suicide or attempted suicide.

(b) To assist school districts in developing policies for student suicide prevention, the state department of education shall develop and maintain a model policy, or adopt an existing policy as a model policy, to serve as a guide for school districts in accordance with this section.

(4)(a) No person shall have a cause of action for any loss or damage caused by any act or omission resulting from the implementation of the provisions of this section or resulting from any training required by this section, or lack thereof.

(b) The training required by the provisions of this section, or lack thereof, shall not be construed to impose any specific duty of care.

(c) Nothing in this subsection shall be construed to conflict with the provisions of section 33-512B, Idaho Code.

History:

[33-136, added 2018, ch. 263, sec. 1, p. 629.]
Idaho Code § 33-2107B — Idaho Code / Title 33 / Chapter 21 / Section 33-2107B
33-2107B POWERS GRANTED BY PRECEDING SECTION IN ADDITION TO OTHER POWERS.
Status: in_force

33-2107B. Powers granted by preceding section in addition to other powers. The provisions of this act shall be in addition to all powers and authorities heretofore vested by law or by regulation of the state board of education in the board of trustees of a community college district and all provisions of sections 33-2101, 33-2103 through 33-2115, Idaho Code, and any additions or supplements amendatory thereto, shall be applicable to providing the third and fourth year college curriculum within such community college districts, unless the same are specifically in contradiction with any provision of this act.

History:

[33-2107B, added 1965, ch. 16, sec. 2, p. 27; am. 2017, ch. 70, sec. 2, p. 170.]
Idaho Code § 33-2203 — Idaho Code / Title 33 / Chapter 22 / Section 33-2203
33-2203 FURTHER POWERS OF BOARD.
Status: in_force

33-2203. Further powers of board. The board shall have full power to formulate plans for the promotion of career technical education in such subjects as are an essential and integral part of the public school system of the state of Idaho, and to provide for the preparation of teachers of such subjects. It shall have full power to fix the compensation of such officials and assistants as may be necessary to administer the federal act herein referred to and to pay such compensation and other necessary expenses of administration from funds appropriated in this chapter and from money received under the provisions of the federal act. It shall have authority to make studies and investigations relating to career technical education in such subjects, to promote and aid in the establishment of local communities of schools, departments or classes, giving training in such subjects; to cooperate with the local communities in the maintenance of such schools, departments or classes; to prescribe qualifications for teachers, directors and supervisors for such subjects, and to have full authority to provide for the certification of such teachers, directors and supervisors, subject to the laws and rules governing the state board of education; to cooperate in the maintenance of classes supported and controlled by the public for the preparation of teachers, directors and supervisors of such subjects, or to maintain such classes under its own direction and control; and to establish and determine by general rule the qualifications to be possessed by persons engaged in the training of career technical teachers.

History:

[(33-2203) 1919, ch. 53, part of sec. 2, p. 161; C.S., sec. 1004; I.C.A., sec. 32-1703; am. 1999, ch. 329, sec. 6, p. 857; am. 2016, ch. 25, sec. 12, p. 44.]
Idaho Code § 33-914 — Idaho Code / Title 33 / Chapter 9 / Section 33-914
33-914 ANNUALIZED OR LUMP SUM DISTRIBUTION — SCHOOL MODERNIZATION FACILITIES FUND.
Status: in_force

33-914. ANNUALIZED OR LUMP SUM DISTRIBUTION — SCHOOL MODERNIZATION FACILITIES FUND. (1) School districts may elect to receive their distribution as a lump sum from the net proceeds of the bonds paid to the state department of education. School districts may alternatively request to receive their distribution in annualized amounts, which shall be subject to the order of priority specified for the school district facilities fund established in section 33-911, Idaho Code. The state department of education shall establish a process for school districts to elect a lump sum or annualized distribution or a combination thereof in alignment with the dates specified in section 33-911, Idaho Code. Annualized distributions shall be distributed to school districts no later than August 31 each year, to those school districts electing such distributions prior to that date.

(2) If a school district elects not to receive either an annualized distribution or a lump sum amount or fails to make a selection by July 1, 2025, the amount the school district would have received shall be transferred to the school district facilities fund created in section 33-911, Idaho Code, for distribution to all schools according to the provisions of section 33-911, Idaho Code.

History:

[33-914, added 2024, ch. 237, sec. 16, p. 830.]
Idaho Code § 33-502B — Idaho Code / Title 33 / Chapter 5 / Section 33-502B
33-502B BOARD OF TRUSTEES — ONE NOMINATION — NO ELECTION.
Status: in_force

33-502B. Board of trustees — One nomination — No election. In any election for trustees, if, after the expiration of the date for filing written nominations for the office of trustee, it appears that only one (1) qualified candidate has been nominated for a position to be filled or if only one (1) candidate has filed a write-in declaration of intent as provided by section 34-1407, Idaho Code, and has provided to the district's board clerk the signatures of five (5) electors of the candidate's specific zone, then no election shall be held for that position. The board of trustees or the school district clerk, with the written permission of the board, shall declare such candidate elected as a trustee. The school district clerk shall immediately prepare and deliver to the person a certificate of election signed by him and bearing the seal of the district. The procedure set forth in this section shall not apply to any other school district election.

History:

[33-502B, added 1990, ch. 332, sec. 1, p. 910; am. 1993, ch. 51, sec. 1, p. 133; am. 1994, ch. 160, sec. 1, p. 367; am. 2004, ch. 26, sec. 1, p. 43; am. 2009, ch. 341, sec. 39, p. 1017; am. 2016, ch. 261, sec. 1, p. 681.]
Idaho Code § 33-3412 — Idaho Code / Title 33 / Chapter 34 / Section 33-3412
33-3412 SICK LEAVE TRANSFERRED FOR EMPLOYEES OF IDAHO SCHOOL FOR THE DEAF AND THE BLIND TO IDAHO BUREAU OF EDUCATIONAL SERVICES FOR THE DEAF AND THE BLIND.
Status: in_force

33-3412. SICK LEAVE TRANSFERRED FOR EMPLOYEES OF IDAHO SCHOOL FOR THE DEAF AND THE BLIND TO IDAHO BUREAU OF EDUCATIONAL SERVICES FOR THE DEAF AND THE BLIND. Notwithstanding any other provision of law to the contrary, any employee of the Idaho school for the deaf and the blind who has accrued sick leave pursuant to section 67-5333, Idaho Code, and who, on or before September 1, 2009, is transferred to or otherwise becomes an eligible employee of the Idaho bureau of educational services for the deaf and the blind shall be credited by the Idaho bureau of educational services for the deaf and the blind with the amount of sick leave accrued and unused at the time of transfer. After such transfer, the use of such sick leave and the accrual of additional sick leave shall be governed by the laws, rules and policies applicable to the Idaho bureau of educational services for the deaf and the blind.

History:

[33-3412, added 2009, ch. 168, sec. 4, p. 509.]
Idaho Code § 33-114A — Idaho Code / Title 33 / Chapter 1 / Section 33-114A
33-114A ADOPTION OF STANDARDS FOR THE INITIAL CERTIFICATION OF PROFESSIONAL SCHOOL PERSONNEL.
Status: in_force

33-114A. adoption of standards for the initial certification of professional school personnel. [effective until june 30, 2027] Effective July 1, 2022, the Idaho standards for initial certification of professional school personnel shall be the standards prepared by the 2020-2021 educator standards working group dated February 24, 2022.

History:

[33-114A, added 2022, ch. 175, sec. 1, p. 570.]
Idaho Code § 33-5803 — Idaho Code / Title 33 / Chapter 58 / Section 33-5803
33-5803 ELIGIBILITY TO PARTICIPATE — REQUIREMENTS AND EXEMPTIONS.
Status: in_force

33-5803. eligibility to participate — requirements and exemptions. (1) Up to ten (10) public schools per year for each of school years 2016 through 2021, totaling not more than fifty (50) schools, are eligible to participate in the local innovation school act by following the processes set forth in section 33-5804, Idaho Code. If more than ten (10) schools seek to establish an innovation school in any single year, the first ten (10) schools to notify the state board of education pursuant to section 33-5804, Idaho Code, shall be established as innovation schools.

(2) The following shall apply to an innovation school:

(a) State, federal and local laws prohibiting discrimination;

(b) Laws governing safety including, but not limited to, sections 33-122 and 33-130, Idaho Code;

(c) Section 33-119, Idaho Code, as such section applies to secondary schools accreditation; and

(d) Section 33-5204, Idaho Code, if the innovation school is an existing public charter school authorized by the school district.

(3) Except as otherwise provided in subsection (2) of this section, pursuant to the terms of the innovation school agreement, innovation schools may be exempted from the following:

(a) Idaho Code statutes applicable to a school board or school district;

(b) Rules promulgated or guidelines adopted by the state board of education or state department of education; and

(c) Local district policies, including terms and conditions of employment.

History:

[33-5803, added 2016, ch. 305, sec. 1, p. 859.]
Idaho Code § 33-4403 — Idaho Code / Title 33 / Chapter 44 / Section 33-4403
33-4403 DEFINITIONS.
Status: in_force

33-4403. Definitions. As used in this chapter:

(1) "Accredited institution of higher education" means any public or private university, college, or community college in Idaho accredited by the northwest association of schools and colleges, or any public professional-technical school operated by the state of Idaho or any political subdivision thereof; provided, that no institution of higher education shall be eligible to participate in the program unless it agrees to and complies with program rules adopted by the board pursuant to chapter 52, title 67, Idaho Code; provided, further, that private accredited institutions of higher education which are controlled by sectarian organizations, and students attending such institutions, may participate only in the educational need, off-campus work experience portion of this program and such off-campus employment may not be located at, or be performed on behalf of, a sectarian or religious establishment.

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

(3) "Program" means the Idaho work study program established pursuant to this chapter.

(4) "Resident student" means an individual as defined in section 33-3717B, Idaho Code.

(5) "Student" means an individual currently at an Idaho school enrolled in a postsecondary degree program, or a state supported professional-technical program.

(6) "Student with educational need" means a post-high school student in good standing at an accredited institution of higher learning who is desirous of obtaining work experience related to the student's course of academic study, in either on-campus or approved off-campus employment, and who meets the institutional requirements for determining educational need; provided, however, a student whose academic course of study is sectarian in nature or who is pursuing an educational program leading to a baccalaureate degree in theology or divinity may not participate in this program.

(7) "Student with financial need" means a post-high school student in good standing at an accredited institution of higher learning who demonstrates to the institution the financial inability, either through the student's parents, family and/or personally, to meet the institutionally defined cost of education, and further demonstrates the ability and willingness to work in a student work study program, according to the stated needs of the institution.

History:

[33-4403, added 1989, ch. 124, sec. 1, p. 273; am. 1990, ch. 95, sec. 2, p. 199; am. 1999, ch. 329, sec. 38, p. 879; am. 2005, ch. 210, sec. 8, p. 633.]
Idaho Code § 33-3404 — Idaho Code / Title 33 / Chapter 34 / Section 33-3404
33-3404 BOARD OF DIRECTORS.
Status: in_force

33-3404. board of directors. (1) The Idaho bureau of educational services for the deaf and the blind shall be governed by a board of directors which shall be responsible for development and oversight.

(2) The board of directors shall be comprised of eight (8) members as follows:

(a) One (1) member shall be specialized/certified personnel appointed by the governor for a three (3) year term;

(b) One (1) member shall be a director of special education appointed by the governor for a three (3) year term;

(c) Two (2) members shall be citizens at-large appointed by the governor, each for three (3) year terms;

(d) One (1) member shall be a parent of a student who is deaf or hard of hearing or blind or visually impaired appointed by the governor for a three (3) year term;

(e) One (1) member shall be a citizen who is deaf or hard of hearing appointed by the governor for a three (3) year term;

(f) One (1) member shall be a citizen who is blind or visually impaired appointed by the governor for a three (3) year term; and

(g) The state superintendent of public instruction shall be chair of the board and shall serve concurrently with the term of office to which the state superintendent is elected.

(3) For purposes of establishing staggered terms of office, the initial term of office for the citizen who is blind or visually impaired and the parent of a student who is deaf or hard of hearing or blind or visually impaired shall be one (1) year, and thereafter shall be three (3) years. The initial term of office for the two (2) members at-large and for the director of special education shall be two (2) years, and thereafter shall be three (3) years. The initial term of office for the citizen who is deaf or hard of hearing and for the specialized/certified personnel shall be three (3) years, and thereafter 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 that occur prior to the expiration of a former member's full term shall serve the unexpired portion of such term.

History:

[33-3404, added 2009, ch. 168, sec. 4, p. 505.]
Idaho Code § 33-3714 — Idaho Code / Title 33 / Chapter 37 / Section 33-3714
33-3714 ACCEPTANCE OF GIFTS, LEGACIES AND DEVISES.
Status: in_force

33-3714. Acceptance of gifts, legacies and devises. The board of regents of the University of Idaho and the state board of education are hereby authorized in the name of any state educational institution and on behalf of the state, to accept gifts, legacies and devises of property to the state for the use and benefit of any of the state educational institutions.

History:

[33-3714, added 1933, ch. 127, sec. 1, p. 196.]
Idaho Code § 33-1507 — Idaho Code / Title 33 / Chapter 15 / Section 33-1507
33-1507 LIABILITY INSURANCE RELATED TO TRANSPORTATION.
Status: in_force

33-1507. Liability insurance related to transportation. The board of trustees of each school district owning and operating vehicles for the transportation of pupils, and any transportation contractor, shall have in effect at all times for each vehicle so used, insurance purchased from a company or companies licensed to operate in this state, in amounts not lower than the minimums set by the state board of education, indemnifying the insured against claims for any injury to or death of a person(s) arising out of the operation of the school transportation system.

Each school district may purchase and keep in force, insurance in excess of such required minimum amounts; and insurance indemnifying the district, its officers and employees against any tort claims arising out of the operation of its school transportation system.

History:

[33-1507, added 1963, ch. 13, sec. 85, p. 27; am. 1982, ch. 92, sec. 5, p. 172.]
Idaho Code § 33-2145 — Idaho Code / Title 33 / Chapter 21 / Section 33-2145
33-2145 PROCEDURES TO PREVENT THE SPREAD OF INFECTIOUS DISEASE.
Status: in_force

33-2145. procedures to prevent the spread of infectious disease. (1) The board of trustees of each community college must adopt a policy for measures and procedures to prevent the spread of contagious or infectious disease, including temporary closure of the college or any of its buildings or campuses. Such policy must be adopted in consultation with the district health department of any public health district in which the college offers in-person classes. Notwithstanding any law or rule to the contrary, once such policy is adopted, only the board of trustees, acting in accordance with the policy, has the authority to close a community college or any of its buildings or campuses, to limit its programs or activities, or to require other measures at the college for the purpose of preventing the spread of contagious or infectious disease.

(2) A community college board of trustees or a community college acting in accordance with a policy adopted pursuant to this section may not be held to violate any order issued by the department of health and welfare pursuant to section 56-1003(7), Idaho Code; a district board of health pursuant to section 39-414(2), Idaho Code; or a city pursuant to section 50-304, Idaho Code.

History:

[33-2145, added 2021, ch. 15, sec. 2, p. 37.]
Idaho Code § 33-2814 — Idaho Code / Title 33 / Chapter 28 / Section 33-2814
33-2814 COURSES.
Status: in_force

33-2814. Courses. Subject to the authority of the regents to prescribe programs and courses of study, the college or department of arts shall embrace courses of instruction in mathematical, physical and natural sciences, with their application to the industrial arts, such as agriculture, mechanics, engineering, mining and metallurgy, manufactures, architecture and commerce, and such branches included in the college of letters as shall be necessary to a proper fitness of the pupils in the scientific and practical courses for their chosen pursuits; and as soon as the income of the university will allow, in such order as the wants of the public shall seem to require, the said courses in the sciences and their application to the practical arts shall be expanded into distinct colleges of the university, each with its own faculty and appropriate title. The college of letters shall be coexistent with the college of arts and shall embrace a liberal course of instruction in language, literature and philosophy, together with such courses or parts of courses in the college of arts as the regents of the university shall prescribe.

History:

[(33-2814) 1888-1889, p. 21, sec. 10; reen. R.C. & C.L., sec. 497; C.S., sec. 1067; I.C.A., sec. 32-2314; am. 1983, ch. 155, sec. 3, p. 432.]
Idaho Code § 33-2505 — Idaho Code / Title 33 / Chapter 25 / Section 33-2505
33-2505 DIGITAL REPOSITORY FOR STATE PUBLICATIONS.
Status: in_force

33-2505. Digital repository for state publications. Recognizing that an informed citizenry is a cornerstone for an effective democracy, and in order to provide free and continuous access to state publications, it shall be the duty of the state librarian to establish and maintain a publicly accessible digital repository of state publications prepared by state agencies. The digital repository is intended to collect state publications and make them readily available to all Idaho citizens.

History:

[33-2505, added 1998, ch. 57, sec. 2, p. 213; am. 2006, ch. 235, sec. 7, p. 703; am. 2008, ch. 81, sec. 1, p. 209.]
Idaho Code § 33-5906 — Idaho Code / Title 33 / Chapter 59 / Section 33-5906
33-5906 POWERS AND DUTIES OF THE IDAHO SCHOOL SAFETY AND SECURITY ADVISORY BOARD.
Status: in_force

33-5906. powers and duties of the Idaho school safety and security advisory board. The Idaho school safety and security advisory board shall:

(1) Develop, annually review, and modify, if necessary, school safety and security guidelines for the school safety and security program to use in conducting its annual assessments, training, and technical assistance pursuant to section 33-5904, Idaho Code;

(2) Regularly assess safety and security resources that may be used in public educational facilities; and

(3) On or before February 1 of each year, report to the legislature and to the governor on the status of school safety and security in the Idaho public educational facilities.

History:

[(33-5906) 33-5806, added 2016, ch. 192, sec. 1, p. 536; am. and redesig. 2017, ch. 58, sec. 16, p. 112; am. 2021, ch. 98, sec. 3, p. 332.]