Idaho Code § 33-5701 — Idaho Code / Title 33 / Chapter 57 / Section 33-5701
33-5701 INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN.
Status: in_force

33-5701. interstate compact on educational opportunity for military children. The "Interstate Compact on Educational Opportunity for Military Children" is hereby enacted into law and entered into by this state with any other states legally joining therein in the form substantially as follows:

INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN

ARTICLE I

PURPOSE

It is the purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by:

A. Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from the previous school district(s) or variations in entrance/age requirements.

B. Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content or assessment.

C. Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities.

D. Facilitating the on-time graduation of children of military families.

E. Providing for the promulgation and enforcement of administrative rules implementing the provisions of this compact.

F. Providing for the uniform collection and sharing of information between and among member states, schools and military families under this compact.

G. Promoting coordination between this compact and other compacts affecting military children.

H. Promoting flexibility and cooperation between the educational system, parents and the student in order to achieve educational success for the student.

ARTICLE II

DEFINITIONS

As used in this compact, unless the context clearly requires a different construction:

A. "Active duty" means: full-time duty status in the active uniformed service of the United States, including members of the national guard and reserve on active duty orders pursuant to 10 U.S.C. sections 1209 and 1211.

B. "Children of military families" means: a school-aged child(ren), enrolled in kindergarten through twelfth grade, in the household of an active duty member.

C. "Compact commissioner" means: the voting representative of each compacting state appointed pursuant to article VIII of this compact.

D. "Deployment" means: the period one (1) month prior to the service members' departure from their home station on military orders though six (6) months after return to their home station.

E. "Education(al) records" means: those official records, files, and data directly related to a student and maintained by the school or local education agency including, but not limited to, records encompassing all the material kept in the student's cumulative folder such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols, and individualized education programs.

F. "Extracurricular activities" means: a voluntary activity sponsored by the school or local education agency or an organization sanctioned by the local education agency. Extracurricular activities include, but are not limited to, preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays, and club activities.

G. "Interstate Commission on Educational Opportunity for Military Children" means: the commission that is created under article IX of this compact, which is generally referred to as the interstate commission.

H. "Local education agency" means: a public authority legally constituted by the state as an administrative agency to provide control of and direction for kindergarten through twelfth grade public educational institutions.

I. "Member state" means: a state that has enacted this compact.

J. "Military installation" means: a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the department of defense, including any leased facility, which is located within any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other United States territory. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.

K. "Nonmember state" means: a state that has not enacted this compact.

L. "Receiving state" means: the state to which a child of a military family is sent, brought, or caused to be sent or brought.

M. "Rule" means: a written statement by the interstate commission promulgated pursuant to article XII of this compact that is of general applicability, implements, interprets or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the interstate commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule.

N. "Sending state" means: the state from which a child of a military family is sent, brought, or caused to be sent or brought.

O. "State" means: a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other United States territory.

P. "Student" means: the child of a military family for whom the local education agency receives public funding and who is formally enrolled in kindergarten through twelfth grade.

Q. "Transition" means: 1) the formal and physical process of transferring from school to school; or 2) the period of time in which a student moves from one school in the sending state to another school in the receiving state.

R. "Uniformed service(s)" means: the army, navy, air force, marine corps, and coast guard as well as the commissioned corps of the national oceanic and atmospheric administration, and public health services.

S. "Veteran" means: a person who served in the uniformed services and who was discharged or released therefrom under conditions other than dishonorable.

ARTICLE III

APPLICABILITY

A. Except as otherwise provided in section B. of this article, this compact shall apply to the children of:

1. Active duty members of the uniformed services as defined in this compact, including members of the national guard and reserve on active duty orders pursuant to 10 U.S.C. section 1209 and 1211;

2. Members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one (1) year after medical discharge or retirement; and

3. Members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of one (1) year after death.

B. The provisions of this interstate compact shall only apply to local education agencies as defined in this compact.

C. The provisions of this compact shall not apply to the children of:

1. Inactive members of the national guard and military reserves;

2. Members of the uniformed services now retired, except as provided in section A. of this article;

3. Veterans of the uniformed services, except as provided in section A. of this article; and

4. Other United States department of defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services.

ARTICLE IV

EDUCATIONAL RECORDS AND ENROLLMENT

A. Unofficial or "hand-carried" educational records. In the event that official educational records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial educational records containing uniform information as determined by the interstate commission. Upon receipt of the unofficial educational records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records pending validation by the official records, as quickly as possible.

B. Official educational records/transcripts. Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student's official educational records from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official educational records to the school in the receiving state within ten (10) days or within such time as is reasonably determined under the rules promulgated by the interstate commission.

C. Immunizations. Compacting states shall give thirty (30) days from the date of enrollment, or within such time as is reasonably determined under the rules promulgated by the interstate commission, for students to obtain any immunization(s) required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within thirty (30) days or within such time as is reasonably determined under the rules promulgated by the interstate commission.

D. Kindergarten and first grade entrance age. Except as provided for elsewhere in this subsection D., students shall be allowed to continue their enrollment at grade level in the receiving state commensurate with their grade level, including kindergarten, from a local education agency in the sending state at the time of transition. Provided however, that the provisions of section 33-201, Idaho Code, relating to requirements for kindergarten and first grade shall apply. A student who has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state on his or her validated level from an accredited school in the sending state.

ARTICLE V

PLACEMENT AND ATTENDANCE

A. Course placement. When the student transfers before or during the school year, the receiving state school shall initially honor placement of the student in educational courses based on the student's enrollment in the sending state school and/or educational assessments conducted at the school in the sending state if the courses are offered. Course placement includes, but is not limited to, honors, international baccalaureate, advanced placement, vocational, technical and career pathways courses. Continuing the student's academic program from the previous school and promoting placement in academically and career challenging courses should be paramount when considering placement. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in the course(s).

B. Educational program placement. The receiving state school shall initially honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation/placement in like programs in the sending state. Such programs include, but are not limited to: 1) gifted and talented programs; and 2) English as a second language (ESL). This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

C. Special education services. 1) In compliance with the federal requirements of the individuals with disabilities education act (IDEA), 20 U.S.C.A. section 1400 et seq., the receiving state shall initially provide comparable services to a student with disabilities based on his or her current individualized education program (IEP); and 2) In compliance with the requirements of section 504 of the rehabilitation act, 29 U.S.C.A. section 794, and with title II of the Americans with disabilities act, 42 U.S.C.A. sections 12131-12165, the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing 504 or title II plan, to provide the student with equal access to education. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

D. Placement flexibility. Local education agency administrative officials shall have flexibility in waiving course/program prerequisites, or other preconditions for placement in courses/programs offered under the jurisdiction of the local education agency.

E. Absence as related to deployment activities. A student whose parent or legal guardian is an active duty member of the uniformed services, as defined by the compact, and has been called to duty for, is on leave from, or immediately returned from deployment to a combat zone or combat support posting, shall be granted additional excused absences at the discretion of the local education agency superintendent to visit with his or her parent or legal guardian relative to such leave or deployment of the parent or guardian.

ARTICLE VI

ELIGIBILITY

A. Eligibility for enrollment.

1. Special power of attorney, relative to the guardianship of a child of a military family and executed under applicable law shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent.

2. A local education agency shall be prohibited from charging local tuition to a transitioning military child placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent.

3. A transitioning military child, placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which he or she was enrolled while residing with the custodial parent.

B. Eligibility for extracurricular participation. State and local education agencies shall facilitate the opportunity for transitioning military children's inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified.

ARTICLE VII

GRADUATION

In order to facilitate the on-time graduation of children of military families, states and local education agencies shall incorporate the following procedures:

A. Waiver requirements. Local education agency administrative officials shall waive specific courses required for graduation if similar coursework has been satisfactorily completed in another local education agency or shall provide reasonable justification for denial. Should a waiver not be granted to a student who would qualify to graduate from the sending school, the local education agency shall provide an alternative means of acquiring required coursework so that graduation may occur on time.

B. Exit exams. States shall accept: 1) exit or end-of-course exams required for graduation from the sending state; or 2) national norm-referenced achievement tests; or 3) alternative testing, in lieu of testing requirements for graduation in the receiving state. In the event the above alternatives cannot be accommodated by the receiving state for a student transferring in his or her senior year, then the provisions of article VII, section C. shall apply.

C. Transfers during senior year. Should a military student transferring at the beginning or during his or her senior year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending and receiving local education agencies shall ensure the receipt of a diploma from the sending local education agency, if the student meets the graduation requirements of the sending local education agency. In the event that one (1) of the states in question is not a member of this compact, the member state shall use best efforts to facilitate the on-time graduation of the student in accordance with sections A. and B. of this article.

ARTICLE VIII

STATE COORDINATION

A. Each member state shall, through the creation of a state council or use of an existing body or board, provide for the coordination among its agencies of government, local education agencies and military installations concerning the state's participation in, and compliance with, this compact and interstate commission activities. While each member state may determine the membership of its own state council, its membership must include at least: the state superintendent of education, a superintendent of a school district with a high concentration of military children, a representative from a military installation, one (1) representative each from the legislative and executive branches of government, and other offices and stakeholder groups the state council deems appropriate. A member state that does not have a school district deemed to contain a high concentration of military children may appoint a superintendent from another school district to represent local education agencies on the state council.

B. The state council of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact.

C. The compact commissioner responsible for the administration and management of the state's participation in the compact shall be appointed by the governor or as otherwise determined by each member state.

D. The compact commissioner and the military family education liaison designated herein shall be ex officio members of the state council, unless either is already a full voting member of the state council.

ARTICLE IX

INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN

The member states hereby create the "Interstate Commission on Educational Opportunity for Military Children." The activities of the interstate commission are the formation of public policy and are a discretionary state function. The interstate commission shall:

A. Be a body corporate and joint agency of the member states and shall have all the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this compact.

B. Consist of one (1) interstate commission voting representative from each member state who shall be that state's compact commissioner.

1. Each member state represented at a meeting of the interstate commission is entitled to one (1) vote.

2. A majority of the total member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission.

3. A representative shall not delegate a vote to another member state. In the event the compact commissioner is unable to attend a meeting of the interstate commission, the governor or state council may delegate voting authority to another person from their state for a specified meeting.

4. The bylaws may provide for meetings of the interstate commission to be conducted by telecommunication or electronic communication.

C. Consist of ex officio, nonvoting representatives who are members of interested organizations. Such ex officio members, as defined in the bylaws, may include, but not be limited to, members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the United States department of defense, the education commission of the states, the interstate agreement on the qualification of educational personnel and other interstate compacts affecting the education of children of military members.

D. Meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings.

E. Establish an executive committee, whose members shall include the officers of the interstate commission and such other members of the interstate commission as determined by the bylaws. Members of the executive committee shall serve a one (1) year term. Members of the executive committee shall be entitled to one (1) vote each. The executive committee shall have the power to act on behalf of the interstate commission, with the exception of rulemaking, during periods when the interstate commission is not in session. The executive committee shall oversee the day-to-day activities of the administration of the compact including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as deemed necessary. The United States department of defense shall serve as an ex officio, nonvoting member of the executive committee.

F. Establish bylaws and rules that provide for conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.

G. Give public notice of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission and its committees may close a meeting, or portion thereof, where it determines by two-thirds (2/3) vote that an open meeting would be likely to:

1. Relate solely to the interstate commission's internal personnel practices and procedures;

2. Disclose matters specifically exempted from disclosure by federal and state statute;

3. Disclose trade secrets or commercial or financial information which is privileged or confidential;

4. Involve accusing a person of a crime or formally censuring a person;

5. Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

6. Disclose investigative records compiled for law enforcement purposes; or

7. Specifically relate to the interstate commission's participation in a civil action or other legal proceeding.

H. Shall cause its legal counsel or designee to certify that a meeting may be closed and shall reference each relevant exemptible provision for any meeting, or portion of a meeting, which is closed pursuant to this provision. The interstate commission shall keep minutes which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the interstate commission.

I. Shall collect standardized data concerning the educational transition of the children of military families under this compact as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall, in so far as is reasonably possible, conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules.

J. Shall create a process that permits military officials, education officials and parents to inform the interstate commission if and when there are alleged violations of the compact or its rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by the state or local education agency. This section shall not be construed to create a private right of action against the interstate commission or any member state.

ARTICLE X

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The interstate commission shall have the following powers:

A. To provide for dispute resolution among member states.

B. To promulgate rules and take all necessary actions to effect the goals, purposes and obligations as enumerated in this compact. The rules shall have the force and effect of statutory law and shall be binding in the compact states to the extent and in the manner provided in this compact.

C. To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules and actions.

D. To enforce compliance with the compact provisions, the rules promulgated by the interstate commission, and the bylaws, using all necessary and proper means including, but not limited to, the use of judicial process.

E. To establish and maintain offices which shall be located within one or more of the member states.

F. To purchase and maintain insurance and bonds.

G. To borrow, accept, hire or contract for services of personnel.

H. To establish and appoint committees including, but not limited to, an executive committee as required by article IX, section E., which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties hereunder.

I. To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the interstate commission's personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel.

J. To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it.

K. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed.

L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed.

M. To establish a budget and make expenditures.

N. To adopt a seal and bylaws governing the management and operation of the interstate commission.

O. To report annually to the legislatures, governors, judiciary, and state councils of the member states concerning the activities of the interstate commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the interstate commission.

P. To coordinate education, training and public awareness regarding the compact, its implementation and operation for officials and parents involved in such activity.

Q. To establish uniform standards for the reporting, collecting and exchanging of data.

R. To maintain corporate books and records in accordance with the bylaws.

S. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.

T. To provide for the uniform collection and sharing of information between and among member states, schools and military families under this compact.

ARTICLE XI

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

A. The interstate commission shall, by a majority of the members present and voting, within twelve (12) months after the first interstate commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact including, but not limited to:

1. Establishing the fiscal year of the interstate commission;

2. Establishing an executive committee and such other committees as may be necessary;

3. Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the interstate commission;

4. Providing reasonable procedures for calling and conducting meetings of the interstate commission and ensuring reasonable notice of each such meeting;

5. Establishing the titles and responsibilities of the officers and staff of the interstate commission;

6. Providing a mechanism for concluding the operations of the interstate commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations.

7. Providing "start up" rules for initial administration of the compact.

B. The interstate commission shall, by a majority of the members, elect annually from among its members a chairperson, a vice-chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson's absence or disability, the vice-chairperson shall preside at all meetings of the interstate commission. The officers so elected shall serve without compensation or remuneration from the interstate commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the interstate commission.

C. Executive committee, officers and personnel.

1. The executive committee shall have such authority and duties as may be set forth in the bylaws including, but not limited to:

a. Managing the affairs of the interstate commission in a manner consistent with the bylaws and purposes of the interstate commission;

b. Overseeing an organizational structure within, and appropriate procedures for, the interstate commission to provide for the creation of rules, operating procedures, and administrative and technical support functions; and

c. Planning, implementing, and coordinating communications and activities with other state, federal and local government organizations in order to advance the goals of the interstate commission.

2. The executive committee may, subject to the approval of the interstate commission, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation, as the interstate commission may deem appropriate. The executive director shall serve as secretary to the interstate commission, but shall not be a member of the interstate commission. The executive director shall hire and supervise such other persons as may be authorized by the interstate commission.

D. The interstate commission's executive director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of interstate commission employment, duties, or responsibilities; provided, that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.

1. The liability of the interstate commission's executive director and employees or interstate commission representatives, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state, may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. The interstate commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.

2. The interstate commission shall defend the executive director and its employees and, subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an interstate commission representative, shall defend such interstate commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.

3. To the extent not covered by the state involved, member state, or the interstate commission, the representatives or employees of the interstate commission shall be held harmless in the amount of a settlement or judgment, including attorney's fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.

ARTICLE XII

RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

A. Rulemaking authority. The interstate commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this compact. Notwithstanding the foregoing, in the event the interstate commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this act, or the powers granted hereunder, then such an action by the interstate commission shall be invalid and have no force or effect.

B. Rulemaking procedure. Rules shall be made pursuant to a rulemaking process that substantially conforms to the model state administrative procedure act of 1981, as amended, as may be appropriate to the operations of the interstate commission.

C. Not later than thirty (30) days after a rule is promulgated, any person may file a petition for judicial review of the rule; provided, that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the interstate commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the interstate commission's authority.

D. If a majority of the legislatures of the compacting states rejects a rule by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.

ARTICLE XIII

OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION

A. Oversight 1. The executive, legislative and judicial branches of state government in each member state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.

2. All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the interstate commission.

3. The interstate commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the interstate commission shall render a judgment or order void as to the interstate commission, this compact or promulgated rules.

B. Default, technical assistance, suspension and termination. If the interstate commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, or the bylaws or promulgated rules, the interstate commission shall:

1. Provide written notice to the defaulting state and other member states of the nature of the default, the means of curing the default and any action taken by the interstate commission. The interstate commission shall specify the conditions by which the defaulting state must cure its default.

2. Provide remedial training and specific technical assistance regarding the default.

3. If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the member states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.

4. Suspension or termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the interstate commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.

5. The state which has been suspended or terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of suspension or termination, including obligations, the performance of which extends beyond the effective date of suspension or termination.

6. The interstate commission shall not bear any costs relating to any state that has been found to be in default or which has been suspended or terminated from the compact, unless otherwise mutually agreed upon in writing between the interstate commission and the defaulting state.

7. The defaulting state may appeal the action of the interstate commission by petitioning the United States district court for the District of Columbia or the federal district where the interstate commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees.

C. Dispute resolution. 1. The interstate commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states and between member and nonmember states.

2. The interstate commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

D. Enforcement. 1. The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.

2. The interstate commission may, by majority vote of the members, initiate legal action in the United States district court for the District of Columbia or, at the discretion of the interstate commission, in the federal district where the interstate commission has its principal offices, to enforce compliance with the provisions of the compact, its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees.

3. The remedies herein shall not be the exclusive remedies of the interstate commission. The interstate commission may avail itself of any other remedies available under state law or the regulation of a profession.

ARTICLE XIV

FINANCING OF THE INTERSTATE COMMISSION

A. The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.

B. The interstate commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the interstate commission and its staff which must be in a total amount sufficient to cover the interstate commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, which shall promulgate a rule binding upon all member states.

C. The interstate commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the interstate commission pledge the credit of any of the member states, except by and with the authority of the member state.

D. The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission shall by audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission.

ARTICLE XV

MEMBER STATES, EFFECTIVE DATE AND AMENDMENT

A. Any state is eligible to become a member state.

B. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than ten (10) of the states. The effective date shall be no earlier than December 1, 2007. Thereafter, it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The governors of nonmember states or their designees shall be invited to participate in the activities of the interstate commission on a nonvoting basis prior to adoption of the compact by all states.

C. The interstate commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the interstate commission and the member states unless and until it is enacted into law by unanimous consent of the member states.

ARTICLE XVI

WITHDRAWAL AND DISSOLUTION

A. Withdrawal. 1. Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the compact by specifically repealing the statute which enacted the compact into law.

2. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until one (1) year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member jurisdiction.

3. The withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the other member states of the withdrawing state's intent to withdraw within sixty (60) days of its receipt thereof.

4. The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.

5. Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.

B. Dissolution of compact. 1. This compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one (1) member state.

2. Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.

ARTICLE XVII

SEVERABILITY AND CONSTRUCTION

A. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

B. The provisions of this compact shall be liberally construed to effectuate its purposes.

C. Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.

ARTICLE XVIII

BINDING EFFECT OF COMPACT AND OTHER LAWS

A. Other laws. 1. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact.

2. All member states' laws conflicting with this compact are superseded to the extent of the conflict.

B. Binding effect of the compact. 1. All lawful actions of the interstate commission, including all rules and bylaws promulgated by the interstate commission, are binding upon the member states.

2. All agreements between the interstate commission and the member states are binding in accordance with their terms.

3. In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.

History:

[33-5701, added 2013, ch. 301, sec. 2, p. 792.]
Idaho Code § 33-5103 — Idaho Code / Title 33 / Chapter 51 / Section 33-5103
33-5103 AUTHORIZATION — NOTIFICATION.
Status: in_force

33-5103. Authorization — Notification. Notwithstanding any other law, administrative rule or local policy to the contrary, a secondary pupil enrolled in a public school may apply to an eligible institution to enroll in nonsectarian courses offered by that postsecondary institution. If an institution accepts a secondary pupil for enrollment under the provisions of this chapter, the institution shall send written notice to the pupil and the pupil's school district within ten (10) days of acceptance. The notice shall indicate the course and hours of enrollment of that pupil. If the pupil enrolls in a course for postsecondary credit, the institution shall notify the pupil about payment in the customary manner used by the institution.

History:

[33-5103, added 1997, ch. 283, sec. 1, p. 860; am. 2014, ch. 27, sec. 2, p. 37; am. 2015, ch. 288, sec. 1, p. 1160.]
Idaho Code § 33-5404 — Idaho Code / Title 33 / Chapter 54 / Section 33-5404
33-5404 PROGRAM REQUIREMENTS.
Status: in_force

33-5404. Program requirements. (1) The program shall be operated through the use of individual accounts. Each account may be opened by any person who desires to save for the qualified higher education expenses of a person. If approved by the board, minors may open an account that cannot be disaffirmed pursuant to section 32-103, Idaho Code. A person may open an account by satisfying each of the following requirements:

(a) Completing an application in the form prescribed by the board. The application shall include the following information:

(i) The name, address and social security number or employer identification number of the contributor;

(ii) The name, address and social security number of the account owner if the account owner is not the contributor;

(iii) The name, address and social security number of the designated beneficiary;

(iv) The certification relating to no excess contributions required by subsection (13) of this section; and

(v) Any other information that the board may require;

(b) Paying the onetime application fee established by the board;

(c) Making the minimum contribution required by the board or by opening an account; and

(d) Designating the type of account to be opened if more than one (1) type of account is offered.

(2) Any person may make contributions to an account after the account is opened.

(3) Contributions to accounts may be made only in cash.

(4) Account owners may withdraw all or part of the balance from an account on sixty (60) days' notice, or a shorter period as may be authorized by the board and as described in the securities disclosure or offering document approved by the board and provided to account owners and potential account owners.

(5) An account owner may change the designated beneficiary of an account to an individual who is a member of the family of the former designated beneficiary in accordance with procedures established by the board.

(6) On the direction of an account owner, all or a portion of an account may be transferred to another account of which the designated beneficiary is a member of the family of the designated beneficiary of the transferee account.

(7) Changes in designated beneficiaries and rollovers under this section are not permitted if the changes or rollovers would violate the provisions of this section relating to excess contributions or to direction of investments.

(8) Each account shall be maintained separately from each other account under the program.

(9) Separate records and accounting shall be maintained for each account for each designated beneficiary.

(10) No contributor to, account owner of or designated beneficiary of any account may direct the investment of any contributions to an account or the earnings from the account.

(11) The board may transfer accounts held by a depository or manager to a successor depository or manager; provided, however, that the transfer to a successor depository or manager does not cause the plan to cease to be a qualified tuition program or subject individual accounts to taxes or penalties.

(12) Neither an account owner nor a designated beneficiary may use an interest in an account as security for a loan. Any pledge of an interest in an account is of no force and effect.

(13) The board shall prevent contributions on behalf of a designated beneficiary in excess of those necessary to pay the qualified higher education expenses of the designated beneficiaries. The board's rules, policies, guidelines, or procedures shall address the following:

(a) Procedures for aggregating the total balances of multiple accounts established for a designated beneficiary;

(b) The establishment of a maximum total balance that may be held in accounts for a designated beneficiary;

(c) The board shall review the quarterly reports received from participating financial institutions and certify that the balance in all qualified tuition programs, as defined in section 529 of the Internal Revenue Code, of which that person is the designated beneficiary does not exceed the lesser of:

(i) A maximum college savings amount established by the board from time to time; or

(ii) The cost in current dollars of qualified higher education expenses that the contributor reasonably anticipates the designated beneficiary will incur; and

(d) Requirements that any excess balances with respect to a designated beneficiary be promptly withdrawn in a nonqualified withdrawal or rolled over to another account in accordance with this section.

(14) If there is any distribution from an account to any person or for the benefit of any person during a calendar year, the distribution shall be reported to the internal revenue service and the account owner or the designated beneficiary to the extent required by federal law.

(15) The program shall provide statements to each account owner at least once each year within thirty-one (31) days after the twelve (12) month period to which they relate. The statement shall identify the contributions made during a preceding twelve (12) month period, the total contributions made through the end of the period, the value of the account as of the end of this period, distributions made during this period and any other matters that the board requires be reported to the account owner.

(16) Statements and information returns relating to accounts shall be prepared and filed to the extent required by federal or state tax law.

(17) A state or local government or organization described in section 501(c)(3) of the Internal Revenue Code may open and become the account owner of an account to fund scholarships for persons whose identity will be determined after an account is opened.

(18) In the case of any account described in subsection (17) of this section, the requirement that a designated beneficiary be designated when an account is opened does not apply and each person who receives an interest in the account as a scholarship shall be treated as a designated beneficiary with respect to the interest.

(19) Any social security numbers, addresses or telephone numbers of individual account holders and designated beneficiaries that come into the possession of the board are confidential, are not public records and shall not be released by the board.

History:

[33-5404, added 2000, ch. 213, sec. 1, p. 577; am. 2002, ch. 50, sec. 2, p. 114; am. 2008, ch. 275, sec. 3, p. 784; am. 2013, ch. 110, sec. 4, p. 263; am. 2020, ch. 245, sec. 2, p. 717.]
Idaho Code § 33-512 — Idaho Code / Title 33 / Chapter 5 / Section 33-512
33-512 GOVERNANCE OF SCHOOLS.
Status: in_force

33-512. Governance of schools. [effective until January 1, 2028] The board of trustees of each school district shall have the following powers and duties:

(1) To fix the days of the year and the hours of the day when schools shall be in session. However:

(a) Each school district shall annually adopt and implement a school calendar that provides its students at each grade level with the following minimum number of instructional hours:

Grades Hours 9-12 990 4-8 900 1-3 810 K 450 Alternative schools (any grades) 900

(b) School assemblies, testing and other instructionally related activities involving students directly may be included in the required instructional hours.

(c) When approved by a local school board, annual instructional hour requirements stated in paragraph (a) of this subsection may be reduced as follows:

(i) Up to a total of twenty-two (22) hours to accommodate staff development activities conducted on such days as the local school board deems appropriate.

(ii) Up to a total of eleven (11) hours of emergency school closures due to adverse weather conditions and facility failures.

However, transportation to and from school, passing times between classes, recess and lunch periods shall not be included.

(d) Student and staff activities related to the opening and closing of the school year, grade reporting, program planning, staff meetings, and other classroom and building management activities shall not be counted as instructional time or in the reductions provided in paragraph (c)(i) of this subsection.

(e) For multiple shift programs, this rule applies to each shift (i.e., each student must have access to the minimum annual required hours of instruction).

(f) The instructional time requirement for grade 12 students may be reduced by action of a local school board for an amount of time not to exceed eleven (11) hours of instructional time.

(g) The state superintendent of public instruction may grant an exemption from the provisions of this section for an individual building within a district, when the closure of that building, for unforeseen circumstances, does not affect the attendance of other buildings within the district.

(h) The state board of education may grant a waiver of the minimum number of instructional hours for a school district when districtwide school closures are necessary as a result of natural occurrences creating unsafe conditions for students. A county or state disaster declaration must have been issued for one (1) or more of the counties in which the school district is located. A waiver request to the state board of education must describe the efforts by the school district to make up lost instructional hours, the range of grades impacted, and the number of hours the school district is requesting be waived.

(i) The reduction of instructional hours allowed in paragraphs (f) through (h) of this subsection may not be combined in a single school year.

(2) To adopt and carry on and to provide for the financing of a total educational program for the district. Such programs in other than elementary school districts may include education programs for out-of-school youth and adults, and such districts may provide classes in kindergarten;

(3) To provide, or require pupils to be provided with, suitable textbooks and supplies and, for advice on textbook selections, may appoint a curricular materials adoption committee as provided in section 33-512A, Idaho Code;

(4) To protect the morals and health of the pupils;

(5) To exclude from school children not of school age;

(6) To prescribe rules for the disciplining of unruly or insubordinate pupils, including rules on student harassment, intimidation and bullying, such rules to be included in a district discipline code adopted by the board of trustees and a summarized version thereof to be provided in writing at the beginning of each school year to the teachers and students in the district in a manner consistent with the student's age, grade and level of academic achievement;

(7) To exclude from school pupils with contagious or infectious diseases who are diagnosed or suspected as having a contagious or infectious disease or those who are not immune and have been exposed to a contagious or infectious disease; and to close school if the board determines that conditions warrant such closure, based on consultation with the district health department of the public health district in which the school district is located;

(8) To equip and maintain a suitable library or libraries in the school or schools and to exclude therefrom, and from the schools, all books, tracts, papers, and catechisms of sectarian nature;

(9) To determine school holidays. Any listing of school holidays shall include not less than the following: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, and Christmas Day. Other days listed in section 73-108, Idaho Code, if the same shall fall on a school day, shall be observed with appropriate ceremonies; and any days the state board of education may designate, following the proclamation by the governor, shall be school holidays;

(10) To erect and maintain on each schoolhouse or school grounds a suitable flagstaff or flagpole and display thereon the flag of the United States of America on all days, except during inclement weather, when the school is in session; and for each Veterans Day, each school in session shall conduct and observe an appropriate program of at least one (1) class period remembering and honoring American veterans;

(11) To prohibit entrance to each schoolhouse or school grounds, to prohibit loitering in schoolhouses or on school grounds and to provide for the removal from each schoolhouse or school grounds of any individual or individuals who disrupt the educational processes or whose presence is detrimental to the morals, health, safety, academic learning or discipline of the pupils. A person who disrupts the educational process or whose presence is detrimental to the morals, health, safety, academic learning or discipline of the pupils, or who loiters in schoolhouses or on school grounds, is guilty of a misdemeanor;

(12) To supervise and regulate, including by contract with established entities, those extracurricular activities that are by definition outside of or in addition to the regular academic courses or curriculum of a public school, and which extracurricular activities shall not be considered to be a property, liberty or contract right of any student, and such extracurricular activities shall not be deemed a necessary element of a public school education but shall be considered to be a privilege. For the purposes of extracurricular activities, any secondary school located in this state that is accredited by an organization approved through a process defined by the state department of education shall be able to fully participate in all extracurricular activities described in and governed by the provisions of this subsection;

(13) To govern the school district in compliance with state law and rules of the state board of education;

(14) To submit to the superintendent of public instruction not later than July 1 of each year documentation that meets the reporting requirements of the federal gun-free schools act of 1994 as contained within the federal improving America's schools act of 1994;

(15) To require that all certificated and noncertificated employees hired on or after July 1, 2008, and other individuals who are required by the provisions of section 33-130, Idaho Code, to undergo a criminal history check shall submit a completed ten (10) finger fingerprint card or scan to the department of education no later than five (5) days following the first day of employment or unsupervised contact with students in a K-12 setting, whichever is sooner. Such employees and other individuals shall pay the cost of the criminal history check. If the criminal history check shows that the employee has been convicted of a felony crime enumerated in section 33-1208, Idaho Code, it shall be grounds for immediate termination, dismissal or other personnel action of the district, except that it shall be the right of the school district to evaluate whether an individual convicted of one of these crimes and having been incarcerated for that crime shall be hired. Provided however, that any individual convicted of any felony offense listed in section 33-1208(2), Idaho Code, shall not be hired. For the purposes of criminal history checks, a substitute teacher is any individual who temporarily replaces a certificated classroom educator and is paid a substitute teacher wage for one (1) day or more during a school year. A substitute teacher who has undergone a criminal history check at the request of one (1) district in which he has been employed as a substitute shall not be required to undergo an additional criminal history check at the request of any other district in which he is employed as a substitute if the teacher has obtained a criminal history check within the previous five (5) years. If the district next employing the substitute still elects to require another criminal history check within the five (5) year period, that district shall pay the cost of the criminal history check or reimburse the substitute teacher for such cost. To remain on the statewide substitute teacher list maintained by the state department of education, the substitute teacher shall undergo a criminal history check every five (5) years;

(16) To develop and maintain a safe environment for students and employees by:

(a) Developing a system of background checks for all persons who have unsupervised contact with students in a kindergarten through grade 12 setting, which shall include but shall not be limited to a check of the Idaho sex offender central registry provided in chapter 83, title 18, Idaho Code;

(b) Requiring each school in the school district to create and maintain an emergency operations plan for each school that is approved by the board. The board shall ensure plans are developed in coordination with local school staff and local emergency response agencies and reviewed at least annually for updates and changes. Plans shall meet the guidelines adopted by the Idaho school safety and security advisory board; and

(c) Requiring all school district staff to receive initial and annual emergency operations training that provides instruction on how to conduct exercises in order to respond to emergencies according to the guidelines established by the Idaho school safety and security advisory board; and

(17) To provide support for teachers in their first two (2) years in the profession in the areas of: administrative and supervisory support, mentoring, peer assistance and professional development.

33-512. Governance of schools. [effective January 1, 2028] The board of trustees of each school district shall have the following powers and duties:

(1) To fix the days of the year and the hours of the day when schools shall be in session. However:

(a) Each school district shall annually adopt and implement a school calendar that provides its students at each grade level with the following minimum number of instructional hours:

Grades Hours 9-12 990 4-8 900 1-3 810 K 450 Alternative schools (any grades) 900

(b) School assemblies, testing and other instructionally related activities involving students directly may be included in the required instructional hours.

(c) When approved by a local school board, annual instructional hour requirements stated in paragraph (a) of this subsection may be reduced as follows:

(i) Up to a total of twenty-two (22) hours to accommodate staff development activities conducted on such days as the local school board deems appropriate.

(ii) Up to a total of eleven (11) hours of emergency school closures due to adverse weather conditions and facility failures.

However, transportation to and from school, passing times between classes, recess and lunch periods shall not be included.

(d) Student and staff activities related to the opening and closing of the school year, grade reporting, program planning, staff meetings, and other classroom and building management activities shall not be counted as instructional time or in the reductions provided in paragraph (c)(i) of this subsection.

(e) For multiple shift programs, this rule applies to each shift (i.e., each student must have access to the minimum annual required hours of instruction).

(f) The instructional time requirement for grade 12 students may be reduced by action of a local school board for an amount of time not to exceed eleven (11) hours of instructional time.

(g) The state superintendent of public instruction may grant an exemption from the provisions of this section for an individual building within a district, when the closure of that building, for unforeseen circumstances, does not affect the attendance of other buildings within the district.

(h) The state board of education may grant a waiver of the minimum number of instructional hours for a school district when districtwide school closures are necessary as a result of natural occurrences creating unsafe conditions for students or for elections. A county or state disaster declaration must have been issued for one (1) or more of the counties in which the school district is located. A waiver request to the state board of education must describe the efforts by the school district to make up lost instructional hours, the range of grades impacted, and the number of hours the school district is requesting be waived.

(i) There shall be no in-person student instruction on the dates on which elections may be conducted under section 34-106, Idaho Code. The board of trustees of each school district may determine the instruction or activities, if any, to be held on such days as long as such instruction or activities do not require or encourage students to be present inside any building being used as a polling place, except for encouraging eligible students to vote or to serve as poll workers. However, in-person student instruction may occur upon a joint agreement between the county clerk and school district that student-occupied buildings will not be designated as polling places. For the purpose of this paragraph, "instruction or activities" includes but is not limited to professional development, personnel training, teacher in-service training, student extracurricular activities, and athletic activities.

(j) The reduction of instructional hours allowed in paragraphs (f) through (h) of this subsection may not be combined in a single school year.

(2) To adopt and carry on and to provide for the financing of a total educational program for the district. Such programs in other than elementary school districts may include education programs for out-of-school youth and adults, and such districts may provide classes in kindergarten;

(3) To provide, or require pupils to be provided with, suitable textbooks and supplies and, for advice on textbook selections, may appoint a curricular materials adoption committee as provided in section 33-512A, Idaho Code;

(4) To protect the morals and health of the pupils;

(5) To exclude from school children not of school age;

(6) To prescribe rules for the disciplining of unruly or insubordinate pupils, including rules on student harassment, intimidation and bullying, such rules to be included in a district discipline code adopted by the board of trustees and a summarized version thereof to be provided in writing at the beginning of each school year to the teachers and students in the district in a manner consistent with the student's age, grade and level of academic achievement;

(7) To exclude from school pupils with contagious or infectious diseases who are diagnosed or suspected as having a contagious or infectious disease or those who are not immune and have been exposed to a contagious or infectious disease; and to close school if the board determines that conditions warrant such closure, based on consultation with the district health department of the public health district in which the school district is located;

(8) To equip and maintain a suitable library or libraries in the school or schools and to exclude therefrom, and from the schools, all books, tracts, papers, and catechisms of sectarian nature;

(9) To determine school holidays. Any listing of school holidays shall include not less than the following: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, and Christmas Day. Other days listed in section 73-108, Idaho Code, if the same shall fall on a school day, shall be observed with appropriate ceremonies; and any days the state board of education may designate, following the proclamation by the governor, shall be school holidays;

(10) To erect and maintain on each schoolhouse or school grounds a suitable flagstaff or flagpole and display thereon the flag of the United States of America on all days, except during inclement weather, when the school is in session; and for each Veterans Day, each school in session shall conduct and observe an appropriate program of at least one (1) class period remembering and honoring American veterans;

(11) To prohibit entrance to each schoolhouse or school grounds, to prohibit loitering in schoolhouses or on school grounds and to provide for the removal from each schoolhouse or school grounds of any individual or individuals who disrupt the educational processes or whose presence is detrimental to the morals, health, safety, academic learning or discipline of the pupils. A person who disrupts the educational process or whose presence is detrimental to the morals, health, safety, academic learning or discipline of the pupils, or who loiters in schoolhouses or on school grounds, is guilty of a misdemeanor;

(12) To supervise and regulate, including by contract with established entities, those extracurricular activities that are by definition outside of or in addition to the regular academic courses or curriculum of a public school, and which extracurricular activities shall not be considered to be a property, liberty or contract right of any student, and such extracurricular activities shall not be deemed a necessary element of a public school education but shall be considered to be a privilege. For the purposes of extracurricular activities, any secondary school located in this state that is accredited by an organization approved through a process defined by the state department of education shall be able to fully participate in all extracurricular activities described in and governed by the provisions of this subsection;

(13) To govern the school district in compliance with state law and rules of the state board of education;

(14) To submit to the superintendent of public instruction not later than July 1 of each year documentation that meets the reporting requirements of the federal gun-free schools act of 1994 as contained within the federal improving America's schools act of 1994;

(15) To require that all certificated and noncertificated employees hired on or after July 1, 2008, and other individuals who are required by the provisions of section 33-130, Idaho Code, to undergo a criminal history check shall submit a completed ten (10) finger fingerprint card or scan to the department of education no later than five (5) days following the first day of employment or unsupervised contact with students in a K-12 setting, whichever is sooner. Such employees and other individuals shall pay the cost of the criminal history check. If the criminal history check shows that the employee has been convicted of a felony crime enumerated in section 33-1208, Idaho Code, it shall be grounds for immediate termination, dismissal or other personnel action of the district, except that it shall be the right of the school district to evaluate whether an individual convicted of one of these crimes and having been incarcerated for that crime shall be hired. Provided however, that any individual convicted of any felony offense listed in section 33-1208(2), Idaho Code, shall not be hired. For the purposes of criminal history checks, a substitute teacher is any individual who temporarily replaces a certificated classroom educator and is paid a substitute teacher wage for one (1) day or more during a school year. A substitute teacher who has undergone a criminal history check at the request of one (1) district in which he has been employed as a substitute shall not be required to undergo an additional criminal history check at the request of any other district in which he is employed as a substitute if the teacher has obtained a criminal history check within the previous five (5) years. If the district next employing the substitute still elects to require another criminal history check within the five (5) year period, that district shall pay the cost of the criminal history check or reimburse the substitute teacher for such cost. To remain on the statewide substitute teacher list maintained by the state department of education, the substitute teacher shall undergo a criminal history check every five (5) years;

(16) To develop and maintain a safe environment for students and employees by:

(a) Developing a system of background checks for all persons who have unsupervised contact with students in a kindergarten through grade 12 setting, which shall include but shall not be limited to a check of the Idaho sex offender central registry provided in chapter 83, title 18, Idaho Code;

(b) Requiring each school in the school district to create and maintain an emergency operations plan for each school that is approved by the board. The board shall ensure plans are developed in coordination with local school staff and local emergency response agencies and reviewed at least annually for updates and changes. Plans shall meet the guidelines adopted by the Idaho school safety and security advisory board; and

(c) Requiring all school district staff to receive initial and annual emergency operations training that provides instruction on how to conduct exercises in order to respond to emergencies according to the guidelines established by the Idaho school safety and security advisory board; and

(17) To provide support for teachers in their first two (2) years in the profession in the areas of: administrative and supervisory support, mentoring, peer assistance and professional development.

History:

[33-512, added 1963, ch. 13, sec. 62, p. 27; am. 1972, ch. 9, sec. 1, p. 13; am. 1975, ch. 107, sec. 1, p. 218; am. 1980, ch. 198, sec. 1, p. 458; am. 1984, ch. 286, sec. 13, p. 668; am. 1986, ch. 302, sec. 2, p. 753; am. 1990, ch. 402, sec. 1, p. 1127; am. 1991, ch. 173, sec. 1, p. 421; am. 1993, ch. 269, sec. 1, p. 904; am. 1994, ch. 25, sec. 2, p. 39; am. 1995, ch. 248, sec. 3, p. 821; am. 1996, ch. 375, sec. 2, p. 1274; am. 1999, ch. 219, sec. 1, p. 584; am. 2000, ch. 335, sec. 1, p. 1126; am. 2001, ch. 204, sec. 1, p. 695; am. 2003, ch. 299, sec. 2, p. 815; am. 2005, ch. 340, sec. 1, p. 1061; am. 2006, ch. 244, sec. 3, p. 742; am. 2006, ch. 313, sec. 2, p. 970; am. 2008, ch. 349, sec. 2, p. 962; am. 2012, ch. 93, sec. 1, p. 254; am. 2014, ch. 272, sec. 1, p. 678; am. 2014, ch. 325, sec. 1, p. 805; am. 2017, ch. 264, sec. 1, p. 657; am. 2020, ch. 264, sec. 2, p. 765; am. 2021, ch. 14, sec. 1, p. 32; am. 2025, ch. 72, sec. 1, p. 333; am. 2026, ch. 244, sec. 1, p. 1035.]
Idaho Code § 33-5804 — Idaho Code / Title 33 / Chapter 58 / Section 33-5804
33-5804 INNOVATION SCHOOL AGREEMENT.
Status: in_force

33-5804. innovation school agreement. (1) An innovation school may be established by a written innovation school agreement between:

(a) A majority of the teachers at the school seeking to establish an innovation school, in cooperation with a principal or a superintendent, or both;

(b) A board; and

(c) The authorizer if the innovation school is a public charter school.

(2) The innovation school agreement shall include:

(a) A statement that the innovation school is considered to be part of the school district and not considered a separate local education agency;

(b) A provision that the district shall distribute estimated state, federal and local funding to the innovation school consistent with the amounts it distributes to other schools in the district;

(c) The performance goals and accountability metrics agreed upon for the innovation school;

(d) The duration of the agreement, which shall be for not less than three (3) years and include automatic renewal at the option of the innovation school team if all conditions under the agreement are satisfied;

(e) Grounds for termination of the agreement, including the right of termination if the innovation school team fails to:

(i) Comply with the conditions or procedures established in the innovation school agreement;

(ii) Meet generally accepted fiscal management and government accounting principles;

(iii) Comply with applicable laws; or

(iv) Meet the educational goals set forth in the innovation school agreement;

(f) If the innovation school is an existing public charter school authorized by the district, a statement regarding which provisions of chapter 52 of this title shall apply;

(g) A provision that specifies that the innovation school will administer the Idaho standards achievement test;

(h) A statement that the innovation school will meet content standards as set forth in rule promulgated by the state board of education; and

(i) A statement specifying how graduation requirements will be addressed.

(3) The board shall notify the state board of education within thirty (30) days after entering into an innovation school agreement to establish an innovation school. Upon receiving notification, the state board of education shall notify the state department of education, and the state department of education shall, for school years starting after the date of the agreement:

(a) Within sixty (60) days of notification, distribute ten thousand dollars($10,000)to the innovation school team to be used for planning purposes;

(b) Treat the innovation school as part of the local district for purposes of state and national assessments; and

(c) Treat the innovation school in the same manner as a school operated by the local district when calculating the total amount of state and federal funding to be distributed to the school district.

(4) For as long as an innovation school team operates an innovation school:

(a) The innovation school team may use the school building, the accompanying real property and the building's contents, equipment and supplies, unless otherwise provided in the innovation school agreement.

(b) The school district shall provide the innovation school with transportation, building and grounds maintenance and repair, and access to funds consistent with that afforded other schools in the same district.

(c) With the exception of funds described in subsection (3)(a) of this section, an innovation school is not entitled to any state funding not afforded other district schools.

(d) If an innovation school team contracts with a school district for goods or services, the school district may not charge more for the goods or services than the school district pays for the goods or services.

(5) The innovation school team shall have full operational autonomy to run the innovation school as provided in the innovation school agreement.

(6) Employees of an innovation school may organize and create collectively bargained working conditions with the innovation school team, consistent with the principles, vision, goals and essential characteristics of the innovation school.

(7) Individuals employed by an innovation school are entitled to participate in the public employee retirement system, federal social security, unemployment insurance, worker's compensation insurance and health insurance.

(8) If an agreement is terminated pursuant to subsection (2)(e) of this section, then the affected school shall revert to the type of school it was immediately before becoming an innovation school and shall thereby be subject to all applicable laws, rules, guidelines and policies.

History:

[33-5804, added 2016, ch. 305, sec. 1, p. 859.]
Idaho Code § 33-2728 — Idaho Code / Title 33 / Chapter 27 / Section 33-2728
33-2728 BOND ELECTION.
Status: in_force

33-2728. Bond election. (1) The purposes for which bonds may be issued shall be: To acquire, purchase, or improve a library site or sites; to build a library or libraries, or other building or buildings; to demolish or remove buildings; to add to, remodel or repair any existing building; to furnish and equip any building or buildings, including all facilities and appliances necessary to maintain and operate the buildings of the library; and to purchase motor vehicles for use as bookmobiles.

The library district may issue bonds in an amount not to exceed one percent (1%) of the market value for assessment purposes of property within the district, less any aggregate outstanding indebtedness.

The board of trustees of any library district, upon approval of a majority thereof, may call a bond election on the question as to whether the board shall be empowered to issue bonds of the district in an amount and for a period of time to be stated in the notice of election. The notice of bond elections, the qualification of bond electors, the conduct of the election, and the canvass of election and determination of the result of election shall be in accordance with chapter 14, title 34, Idaho Code, and with the general election laws of the state of Idaho. Provided however, that any such election conducted pursuant to this section shall be held on election day in the month of May or November as provided for in section 34-106(1), Idaho Code. The majority required to pass a bond issue shall be two-thirds (2/3) of those voting in the election. The issuance of bonds, the expenditure of bond proceeds and the repayment of the bonds shall all be as specified in school district law.

(2) District library bond funds may not be used to purchase or expand a building for a contracting agency providing library services unless the district library gains an ownership share in the building proportional to the percentage of district bond funds used to purchase or expand the building.

History:

[(33-2728) I.C., sec. 33-2723, as added by 1965, ch. 255, sec. 5, p. 648; am. 1980, ch. 350, sec. 16, p. 903; am. and redesignated 1989, ch. 132, sec. 24, p. 298; am. 1993, ch. 303, sec. 4, p. 1125; am. 2002, ch. 155, sec. 2, p. 451; am. 2009, ch. 132, sec. 1, p. 413.]
Idaho Code § 33-3406 — Idaho Code / Title 33 / Chapter 34 / Section 33-3406
33-3406 POWERS AND DUTIES OF THE BOARD OF DIRECTORS.
Status: in_force

33-3406. powers and DUTIES OF THE BOARD OF DIRECTORS. The board of directors for the Idaho bureau of educational services for the deaf and the blind shall have the following powers and duties:

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

(2) Operate a school for the deaf and the blind, including but not limited to:

(a) With the advice of the administrator, prescribe the course of study, the textbooks to be used, and for those pupils who complete the requirements for grade twelve (12), the time and standard of graduation;

(b) Upon advice and recommendation from the administrator that any pupil has ceased to make progress, or is no longer being benefited by the school's services, approve release of such pupil from the school and/or discontinue school services;

(c) Maintain general supervision and control of all property, real and personal, appertaining to the school, and to ensure the same;

(d) Employ architects or engineers as necessary in planning the construction, remodeling or repair of any building and, whenever no other agency is designated so to do, to let contracts for such construction, remodeling or repair and to supervise the work thereof; and

(e) Provide for the conveyance of pupils to and from the school.

(3) Employ or contract with outreach and other staff as necessary. The Idaho bureau of educational services for the deaf and the blind 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. At the discretion of the board, all employees of the Idaho bureau of educational services for the deaf and the blind or a school for the deaf and the blind eligible for benefits may be permitted to elect to receive their salary on a year-round basis. Such a payment schedule shall not be considered a guarantee of employment.

(4) 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.

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

(6) 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.

(7) Obtain and maintain facilities to house operations of outreach or supplemental services as needed.

(8) Manage the moneys disbursed to the bureau from any and all sources.

(9) Acquire, by purchase, exchange, or lease any property which in the judgment of the board is needed for the operation of the Idaho bureau of educational services for the deaf and the blind, including a school for the deaf and the blind, and to lease, dispose of, by sale or exchange, any property which in the judgment of the board is not needed for the operation of the same.

(10) Enter into contracts or agreements as may be necessary to carry out the purposes of this chapter.

History:

[33-3406, added 2009, ch. 168, sec. 4, p. 506; am. 2016, ch. 289, sec. 8, p. 809.]
Idaho Code § 33-701 — Idaho Code / Title 33 / Chapter 7 / Section 33-701
33-701 FISCAL YEAR — PAYMENT AND ACCOUNTING OF FUNDS.
Status: in_force

33-701. Fiscal year — Payment and accounting of funds. The fiscal year of each school district shall be a period of twelve (12) months commencing on the first day of July in each year.

The board of trustees of each school district shall have the following powers and duties:

1. To determine and order paid all lawful expenses for salaries, wages and purchases, whether or not there be money in the treasury for payment of warrants drawn against any fund of the district. Warrants shall be signed by the treasurer of the district and countersigned by the chairman or vice-chairman of the board of trustees.

Whenever any school district has sufficient funds on deposit to do so, it may pay any allowed claim for salaries, wages or purchases by regular bank check signed by the treasurer or assistant treasurer of the district and countersigned by the chairman, or vice-chairman, of the board of trustees.

The total amount of warrants or orders for warrants drawn on any fund, together with disbursements from such fund in any other manner made, shall not exceed ninety-five percent (95%) of the estimated income and revenue accrued or accruing to such fund for the same school year, until such income and revenue shall have been paid into the treasury to the credit of the district;

2. To invest all or part of any plant facilities reserve fund, or any fund accumulated for the payment of interest on, and the redemption of, outstanding bonds, or other obligations of the district in bonds or certificates of indebtedness of the United States of America, or in bonds or investments permitted by sections 67-1210 and 67-1210A, Idaho Code, or warrants of the state of Idaho, or in warrants or tax anticipation notes of any county or school district of the state of Idaho, when such investments shall be due and payable on or before the date any plant facilities reserve fund shall be required to be expended or any bonds or other obligations, or interest thereon, of the investing district shall become payable.

Whenever in the judgment of the board of trustees, the proceeds of any bond issue should be temporarily invested pending the expenditure of such proceeds for the purposes for which such bonds were issued, the proceeds may be invested in the manner and form hereinabove prescribed. Any interest, or profits accruing from such investments shall be used for the purposes for which the bonds were issued. Unless otherwise provided by law, any interest or profits accruing from the investment of any funds shall be credited to the general fund of the district;

3. To insure any schoolhouse and other property, and the district, against any loss by fire, casualty, or liability, and the board, its officers and employees, and to preserve its property for the benefit of the district. In case of loss of any insured property, any proceeds from insurance:

(a) May be expended in constructing a temporary or permanent structure, but no sum greater than the insurance proceeds shall be so expended except upon approval of a majority of the school district electors voting in an election called for that purpose; or

(b) May be placed in and made a part of the school plant facilities reserve fund of the district, if the district has such a fund; or

(c) May be placed in a separate account in the bond interest and redemption fund of the district to repay any kind of obligation incurred by the district in replacing or restoring the property for which the insurance proceeds were received, and shall not be included in the computations of bond and bond interest levies as provided in section 33-802A, Idaho Code.

If the proceeds of any insurance received by a school district by reason of loss on real property shall be less than five thousand dollars ($5,000), such proceeds may be credited to the general fund of the district;

4. To pay from the general fund of the district the expense of any member of the board incurred while traveling on the business of the board, or attending any meeting called by the state board of education or by the state superintendent of public instruction, or attending any annual or special meetings of the state school trustees association, and to pay the membership fee of the board of trustees in said association. Whenever any member of the board of trustees resides at such distance from the meeting place of the board as to require, in the judgment of the board, such member to incur extraordinary expense in traveling from his home to and from said meeting place, the board may approve payment to such member of the extraordinary expense incurred in attending any meeting of the board.

For the purpose of this paragraph, the term "expense" or "extraordinary expense" shall include allowance for mileage or actual travel expense incurred;

5. To prepare, or cause to be prepared and published, in the manner hereinafter prescribed, within one hundred twenty (120) days from the last day of each fiscal year, an annual statement of financial condition and report of the school district as of the end of such fiscal year in a form prescribed by the state superintendent of public instruction. Such annual statement shall include, but not be limited to, the amounts of money budgeted and received and from what sources, and the amounts budgeted and expended for salaries and other expenses by category. Salaries may be reported in gross amount. Each school district shall have available at the administrative office, upon request, a full and complete list of vendors and the amount paid to each and a list of the number of teachers paid at each of the several stated gross salary levels in effect in the district.

Nothing herein provided shall be construed as limiting any school district as to any additional or supplementary statements and reports it may elect to make for the purpose of informing the public of its financial operations, either as to form, content, method, or frequency; and if all the information required herein to be published shall have been published as provided herein at regular intervals during the fiscal year covering successive portions of the fiscal year, then such information may be omitted from the annual statement of financial condition and report for such portions of the fiscal year as already have been reported.

The annual statement of financial condition and report shall be published within the time above prescribed in one (1) issue of a newspaper printed and published within the district, or, if there be none, then in a newspaper as provided in section 60-106, Idaho Code, published within the district, or, if there be none, then in a newspaper as provided in section 60-106, Idaho Code, in the county in which the school district is located, or, if more than one (1) newspaper is published in said district or county, then in the newspaper most likely to give best general notice of the contents of such annual statement of financial condition and report to the residents of said district; provided, that if no newspaper is published in the district or county, then such statement of financial condition and report shall be published in a newspaper as provided in section 60-106, Idaho Code, most likely to give best general notice of the contents to the residents of said district.

The chairman, clerk and treasurer of each school district shall certify the annual statement of financial condition and report to be true and correct, and the certification shall be included in each published statement.

In the event the board of trustees of any school district shall fail to prepare or cause to be prepared or to publish the annual statement of financial condition and report as herein required, the state superintendent of public instruction shall cause the same to be prepared and published, and the cost thereof shall be an obligation of the school district. One (1) copy of the annual statement of financial condition and report shall be retained in the office of the clerk of the board of school trustees, where the same shall be open at all times to examination and inspection by any person;

6. To cause to be made a full and complete audit of the financial statements of the district as required in section 67-450B, Idaho Code.

The auditor shall be employed on written contract.

One (1) copy of the audit report shall be filed with the state department of education, after its acceptance by the board of trustees, but not later than November 10. If the audit report is not received by the state department of education by November 10, the department may withhold all or a portion of the district's November 15 distribution made pursuant to section 33-1009, Idaho Code, for noncompliance with the audit report deadline. Provided however, a district may appeal to the state board of education for reconsideration, in which case the state board of education may reinstate or adjust the funds withheld.

In the event the state department of education requests further explanation or additional information regarding a school district's audit report, such school district shall provide a full and complete response to the state department of education within thirty (30) days of receipt of the state department's request. If a school district fails to respond within the thirty (30) day time limit, the state department of education may withhold all or a portion of the district's next scheduled distribution to be made pursuant to section 33-1009, Idaho Code. Provided however, a district may appeal to the state board of education for reconsideration, in which case the state board of education may reinstate or adjust the funds withheld;

7. To file annually with the state department of education such financial and statistical reports as said state superintendent of public instruction may require;

8. To order and have destroyed any canceled check or warrant, or any form of claim or voucher which has been paid, at any time after five (5) years from the date the same was canceled and paid;

9. To review the school district budget periodically and make appropriate budget adjustments to reflect the availability of funds and the requirements of the school district. Any person or persons proposing a budget adjustment under this section shall notify in writing each member of the board of trustees one (1) week prior to the meeting at which such proposal will be made. Prior to the final vote on such a proposal, notice shall be posted and published once, as prescribed in section 33-402, Idaho Code. A budget adjustment shall not be approved unless voted affirmatively by sixty percent (60%) of the members of the board of trustees. Such amended budgets shall be submitted to the state superintendent of public instruction;

10. To invest any money coming into the hands of the school district in investments permitted by section 67-1210, Idaho Code. Unless otherwise provided by law, any interest or profits accruing from the investment of any funds shall be credited to the general fund of the district.

History:

[33-701, added 1963, ch. 13, sec. 66, p. 27; am. 1963, ch. 211, sec. 1, p. 601; am. 1967, ch. 8, sec. 1, p. 10; am. 1972, ch. 124, sec. 1, p. 245; am. 1973, ch. 17, sec. 1, p. 34; am. 1976, ch. 83, sec. 1, p. 283; am. 1977, ch. 71, sec. 3, p. 135; am. 1978, ch. 61, sec. 1, p. 123; am. 1978, ch.103, sec. 3, p. 210; am. 1979, ch. 77, sec. 1, p. 189; am. 1980, ch. 30, sec. 1, p. 50; am. 1980, ch. 352, sec. 1, p. 911; am. 1981, ch. 22, sec. 1, p. 36; am. 1985, ch. 107, sec. 4, p. 195; am. 1985, ch. 234, sec. 1, p. 554; am. 1986, ch. 47, sec. 1, p. 137; am. 1988, ch. 77, sec. 3, p. 133; am. 1989, ch. 18, sec. 1, p. 20; am. 1990, ch. 198, sec. 2, p. 444; am. 1993, ch. 327, sec. 15, p. 1204; am. 1993, ch. 387, sec. 6, p. 1421; am. 2006, 1st Ex. Sess., ch. 1, sec. 2, p. 40; am. 2007, ch. 169, sec. 1, p. 498; am. 2008, ch. 160, sec. 1, p. 457.]
Idaho Code § 33-3728 — Idaho Code / Title 33 / Chapter 37 / Section 33-3728
33-3728 ORGAN DONATION NOTIFICATION.
Status: in_force

33-3728. organ donation notification. (1) An institution of higher education that receives funding from the state shall notify all students by electronic message of the option to register as an organ donor. The notice shall include instructions for how to register as an organ donor.

(2) The notice required by subsection (1) of this section shall be delivered at least twice each academic year.

History:

[33-3728, added 2018, ch. 97, sec. 1, p. 206.]
Idaho Code § 33-1708 — Idaho Code / Title 33 / Chapter 17 / Section 33-1708
33-1708 ADMINISTRATION — STATE SUPERVISOR OF DRIVER TRAINING — EMPLOYEES — EXPENSES.
Status: in_force

33-1708. Administration — State supervisor of driver training — Employees — Expenses. The state superintendent of public instruction shall administer the driver training fund. The state board of education shall employ within its department of education a state supervisor of driver training, who shall be a full-time employee, and such other supervisory and clerical help as may be deemed necessary, to effectuate the provisions hereof. The state superintendent of public instruction shall cause to be maintained an accurate, current, and complete record of all costs of administering and supervising the driver training program in the state. Annually, not later than the first day of September, the state superintendent of public instruction shall cause the supervisor of driver training to prepare a report showing the actual expenses incurred in administering and supervising the driver training program during the preceding fiscal year ending June 30.

History:

[33-1708, added 1963, ch. 13, sec. 172, p. 27; am. 1967, ch. 128, sec. 2, p. 296; am. 1972, ch. 15, sec. 3, p. 19; am. 1973, ch. 18, sec. 3, p. 38; am. 1974, ch. 10, sec. 10, p. 49; am. 1985, ch. 107, sec. 18, p. 210.]
Idaho Code § 33-5505 — Idaho Code / Title 33 / Chapter 55 / Section 33-5505
33-5505 DEFINITIONS.
Status: in_force

33-5505. Definitions. As used in this chapter:

(1) "Academy board" also referred to in this chapter as "the board" means the board of directors of the Idaho digital learning academy as such board is created in section 33-5503, Idaho Code.

(2) "Custom section" means an Idaho digital learning academy course in which all enrollments are from one (1) school district or public charter school.

(3) "Emergency clause" means that a custom section is reimbursable when an unexpected departure of the teacher of record occurs and reimbursement is approved by the board or when, after documented recruitment efforts are made, the school is unable to hire a qualified teacher for the position.

(4) "Idaho digital learning academy" means an online educational course delivery program that is fully accredited with statewide capabilities for the exclusive purpose of delivering accredited courses to Idaho resident students in grades 6 through 12.

(5) "State board" means the Idaho state board of education. The board is authorized and directed, with the advice and recommendation of the academy board of directors, to promulgate rules to implement the provisions of this chapter.

(6) "Superintendent" means the Idaho state superintendent of public instruction.

History:

[33-5505, added 2002, ch. 105, sec. 1, p. 287; am. 2003, ch. 306, sec. 2, p. 842; am. 2005, ch. 132, sec. 3, p. 422; am. 2008, ch. 119, sec. 6, p. 337; am. 2026, ch. 319, sec. 3, p. 1280.]
Idaho Code § 33-2101A — Idaho Code / Title 33 / Chapter 21 / Section 33-2101A
33-2101A JUNIOR COLLEGE SHALL MEAN COMMUNITY COLLEGE.
Status: in_force

33-2101A. Junior college shall mean community college. Notwithstanding any other provision of law, in sections 21-805, 21-806, 21-809, 23-404, 33-101, 33-107, 33-107B, 33-601, 33-1252, 33-2101, 33-2102, 33-2103, 33-2104, 33-2105, 33-2106, 33-2107, 33-2107A, 33-2107B, 33-2107C, 33-2108, 33-2109A, 33-2110, 33-2110A, 33-2110B, 33-2111, 33-2112, 33-2113, 33-2114, 33-2115, 33-2116, 33-2117, 33-2118, 33-2119, 33-2121, 33-2122, 33-2123, 33-2124, 33-2125, 33-2126, 33-2130, 33-2135, 33-2137, 33-2138, 33-2139, 33-2141, 33-2142, 33-2143, 33-2211, 33-3716, 33-4001, 33-4003, 33-4004, 33-4006, 33-4201, 46-314, 50-1721, 57-1105A, 67-2320, 67-2322 and 67-5332, Idaho Code, the term "junior college" shall mean and shall be denoted as "community college."

History:

[33-2101A, added 1987, ch. 94, sec. 1, p. 186; am. 1996, ch. 322, sec. 30, p. 1060; am. 1997, ch. 275, sec. 3, p. 818; am. 2000, ch. 285, sec. 20, p. 959; am. 2001, ch. 331, sec. 10, p. 1165; am. 2006, ch. 380, sec. 1, p. 1175; am. 2011, ch. 39, sec. 3, p. 95; am. 2013, ch. 72, sec. 10, p. 187; am. 2022, ch. 111, sec. 23, p. 384; am. 2022, ch. 216, sec. 13, p. 698; am. 2026, ch. 36, sec. 12, p. 159.]
Idaho Code § 33-4903 — Idaho Code / Title 33 / Chapter 49 / Section 33-4903
33-4903 IMPLEMENTING AUTHORITY.
Status: in_force

33-4903. Implementing authority. (1) The state board for career technical education shall adopt rules which are necessary to carry out the motorcycle safety program.

(2) The division of career technical education may enter into contracts with public or private entities for course delivery and for the provision of services or materials necessary for administration and implementation of the program.

(3) The division of career technical education may offer motorcycle rider training courses directly and may approve courses offered by public or private entities as authorized program courses if they are administered and taught in full compliance with standards established for the state program.

(4) The division of career technical education may establish reasonable enrollment fees to be charged for persons who participate in a motorcycle rider training course.

(5) The division of career technical education may utilize available program funds to defray expenses in offering motorcycle rider training courses and may reimburse entities which offer approved courses for the expenses incurred in offering the courses in order to minimize any course enrollment fee charged to the students.

History:

[(33-4903) 33-4803, added 1994, ch. 234, sec. 10, p. 743; am. and redesig. 2005, ch. 25, sec. 53, p. 102; am. 2009, ch. 30, sec. 3, p. 83; am. 2016, ch. 25, sec. 31, p. 53.]
Idaho Code § 33-5207 — Idaho Code / Title 33 / Chapter 52 / Section 33-5207
33-5207 PUBLIC CHARTER SCHOOL FINANCIAL SUPPORT.
Status: in_force

33-5207. PUBLIC CHARTER SCHOOL FINANCIAL SUPPORT. (1) Except as otherwise provided for in this section, the state department of education shall make the following apportionment to each charter school for each fiscal year based on attendance figures submitted in a manner and time as required by the state department of education.

(2) Per student support. Computation of support units for each public charter school shall be calculated as if it were a separate school according to the schedules in section 33-1002(4), Idaho Code, except that public charter schools with fewer than one hundred (100) secondary ADA shall use a divisor of twelve (12) and the minimum units shall not apply. No public charter school shall receive an increase in support units that exceeds the support units it received in the prior year by more than forty (40), except in cases of state declared emergencies that have been approved by the authorizer as having an impact on public education. Funding from the state educational support program shall be equal to the total distribution factor, plus the salary-based apportionment provided in chapter 10, title 33, Idaho Code. Provided, however, any public charter school that is formed by the conversion of an existing traditional public school shall be assigned divisors, pursuant to section 33-1002, Idaho Code, that are no lower than the divisors of the school district in which the traditional public school is located, for each category of pupils listed.

(3) Special education. For each student enrolled in the public charter school who is entitled to special education services, the public charter school shall receive the state and federal funds from the exceptional child education program for that student that would have been apportioned to the school district in which the public charter school is located.

(4) Alternative school support. Public charter schools may qualify under the provisions of sections 33-1002 and 33-1002C, Idaho Code, provided the public charter school meets the necessary statutory requirements and students qualify for attendance at an alternative school as provided by rule of the state board of education.

(5) Transportation support. Support shall be paid to the public charter school as provided in chapter 15, title 33, Idaho Code, and section 33-1006, Idaho Code. Each public charter school shall furnish the department with an enrollment count as of the first Friday in November of public charter school students who are eligible for reimbursement of transportation costs under the provisions of this subsection and who reside more than one and one-half (1 1/2) miles from the school. The state department of education is authorized to include in the annual appropriation to the charter school sixty percent (60%) of the estimated transportation cost. The final appropriation payment in July shall reflect reimbursements of actual costs pursuant to section 33-1006, Idaho Code. To be eligible for state reimbursement under the provisions of section 33-1006, Idaho Code, the student to be transported must reside within the public charter school's primary attendance area and must meet at least one (1) of the following criteria:

(a) The student resides within the school district in which the public charter school is physically located; or

(b) The student resides within fifteen (15) miles by road of the public charter school. The limitations placed by this subsection on the reimbursement of transportation costs for certain students shall not apply to public virtual schools.

(6) Facilities funds.

(a) The state department of education shall distribute facilities funds to public charter schools for each student in which a majority of the student's instruction is received at a physical facility that is owned or leased by the public charter school. Such funds shall be used to defray the costs associated with payments for real property used by the students or employees of the public charter school for educational or administrative purposes. Such funds shall be distributed at four hundred dollars ($400) per attending student pursuant to section 33-1003A, Idaho Code. For the purposes of this paragraph, beginning in state fiscal year 2025, "attending student" means each student in average daily attendance in kindergarten through grade 12 at such physical charter school facilities where the student is enrolled; except that, upon formal approval by the state board of education, a charter school may receive an exemption to the physical facility requirement pursuant to the provisions of this paragraph if the student would have attended a physical facility if not for a stated emergency.

(b) For those public charter schools that do not receive facilities funds for all enrolled students, the school may submit to the state department of education a reimbursement claim for any costs for which facilities funds may be used. The state department of education shall reduce such claim by the greater of fifty percent (50%) or the percentage of the school's enrolled students for which the school receives facilities funds and shall pay the balance. Provided, however, that the total reimbursements paid to a public charter school, in combination with any facilities stipend received by the school, shall not exceed the amount of facilities funds that would have been received by the school had the school received facilities funds for all students in average daily attendance pursuant to section 33-1003A, Idaho Code. For the purposes of this subsection, the term "real property" shall be used as defined in section 63-201, Idaho Code. A virtual public charter school authorized by the public charter school commission or authorized by a public school district on or after March 1, 2024, shall not be eligible for funds appropriated pursuant to the provisions of this subsection.

(7) Payment schedule. The state department of education is authorized to make an advance payment of twenty-five percent (25%) of a public charter school's estimated annual apportionment for its first year of operation, and each year thereafter, provided the public charter school is serving more grades or at least ten percent (10%) more classes than the previous year, to assist the school with initial start-up costs or payroll obligations. For a public charter school entering at least its second year of operation, the state department of education may require documentation establishing the need for such an advance payment, including comparative class schedules and proof of a commensurate increase in the number of employees.

(a) For a public charter school to receive the advance payment, the school shall submit its anticipated fall membership for each grade level to the state department of education by June 1.

(b) Using the figures provided by the public charter school, the state department of education shall determine an estimated annual apportionment from which the amount of the advance payment shall be calculated. Advance payment shall be made to the school on or after July 1 but no later than July 31.

(c) All subsequent payments, taking into account the onetime advance payment made for the first year of operation, shall be made to the public charter school in the same manner as other traditional public schools in accordance with the provisions of section 33-1009, Idaho Code. A public charter school shall comply with all applicable fiscal requirements of law, except that the following provisions shall not be applicable to public charter schools: that portion of section 33-1004, Idaho Code, relating to reduction of the administrative and instructional staff allowance and the pupil service staff allowance when there is a discrepancy between the number allowed and the number actually employed; and section 33-1004E, Idaho Code, for calculation of district staff indices.

(8) If an authorizer has reason to believe that a public charter school cannot remain fiscally sound for the remainder of its certificate term, it shall provide the state department of education with written notification of such concern. Upon receiving such notification, the state department of education shall have the authority to modify the percentage of the total appropriation to be paid to the public charter school pursuant to the provisions of section 33-1009 1., Idaho Code, such that equal percentages are paid on each of the prescribed dates.

(9) Each public charter school shall pay an authorizer fee to its authorizer, not to initially exceed twenty thousand dollars ($20,000), or, in the case of existing charter schools, up to a five-percent (5%) increase of the previous year's fee. Authorizers shall annually set the authorizer's fee and in doing so shall document the fees to actual expenditures associated with authorizing.

(10) Nothing in this chapter shall prevent a public charter school from:

(a) Applying for federal grant moneys or for career technical education funding of any source; or

(b) Receiving funding or other financial assistance for the establishment or operation of a public charter school from any private person or organization.

(11) Each student in attendance at a public virtual school shall be funded based on either the actual hours of attendance in the public virtual school on a flexible schedule or the percentage of coursework completed, whichever is more advantageous to the school, up to the maximum of one (1) full-time equivalent student.

(12) All federal educational funds shall be administered and distributed to public charter schools, including public virtual schools, that have been designated as a local education agency (LEA), as provided in section 33-5203, Idaho Code.

(13) Nothing in this section prohibits separate face-to-face learning activities or services. In order to be eligible for career technical education essential components funding, virtual schools may be required to offer some face-to-face instruction in order to meet industry standards, licensing requirements, work-based learning requirements, or other requirements set forth by law.

(14) The provisions of section 33-1021, Idaho Code, shall apply to public charter schools provided for in this chapter.

History:

[33-5207, added 2024, ch. 9, sec. 23, p. 74; am. 2024, ch. 302, sec. 5, p. 1015.]
Idaho Code § 33-2913A — Idaho Code / Title 33 / Chapter 29 / Section 33-2913A
33-2913A AGRICULTURAL COLLEGE EARNINGS RESERVE FUND.
Status: in_force

33-2913A. Agricultural college earnings reserve fund. (1) There is established in the state treasury the agricultural college earnings reserve fund. 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 shall consist of the following:

(a) All earnings of the agricultural college permanent endowment fund;

(b) Proceeds of the sale of timber growing on agricultural college endowment lands;

(c) Proceeds of leases of agricultural college endowment lands;

(d) Proceeds of interest charged upon deferred payments on agricultural college endowment lands or on timber on those lands; and

(e) All other proceeds received from the use of agricultural college endowment lands and not otherwise designated for deposit in the agricultural college permanent endowment fund.

(2) Moneys shall be distributed out of the agricultural college earnings reserve fund only to support the beneficiaries of the agricultural college endowment, including distributions by the state board of land commissioners to the agricultural college permanent endowment fund and the agricultural college income fund; provided, that funds shall not be appropriated by the legislature from the agricultural college earnings reserve fund except to pay for administrative costs incurred managing the assets of the agricultural college endowment including, but not limited to, real property and monetary assets.

History:

[33-2913A, added 1998, ch. 256, sec. 22, p. 835.]
Idaho Code § 33-1258 — Idaho Code / Title 33 / Chapter 12 / Section 33-1258
33-1258 RECOMMENDATIONS TO IMPROVE PROFESSIONAL STANDARD.
Status: in_force

33-1258. Recommendations to improve professional standard. The commission may make recommendations to the state board of education in such areas as teacher education, teacher certification and teaching standards, and such recommendations to the state board of education or to boards of trustees of school districts as, in its judgment, will promote improvement of professional practices and competence of the teaching profession of this state, it being the intent of this act to continually improve the quality of education in the public schools of this state.

History:

[33-1258, added 1969, ch. 258, sec. 8, p. 794; am. 1972, ch. 239, sec. 5, p. 626.]
Idaho Code § 33-4404 — Idaho Code / Title 33 / Chapter 44 / Section 33-4404
33-4404 PROGRAM PURPOSE.
Status: in_force

33-4404. Program purpose. The purpose of the program is to expand employment opportunities for resident students. Employment may be in jobs at accredited institutions of higher education or in approved off-campus jobs. Students with financial need or educational need are to benefit through the program, and to do so while gaining work experience. Accordingly, efforts should be made whenever possible to provide job opportunities to students which relate to their academic and career goals.

Funds under this program may be used to pay up to eighty percent (80%) of earnings in on-campus jobs. Program funds may also be used to pay up to fifty percent (50%) of earnings for approved off-campus jobs where the jobs are directly related to the student's course of academic study and the employer pays fifty percent (50%) of the earnings. Program funds may also be used to fund up to ten percent (10%) of the total match required for the federal college work study program. Idaho program funds used as match will be governed by federal college work study policy. However, institutional funds used for federal matching purposes shall not be less than the amount allocated for the prior year.

History:

[33-4404, added 1989, ch. 124, sec. 1, p. 274; am. 1990, ch. 95, sec. 3, p. 200.]
Idaho Code § 33-601 — Idaho Code / Title 33 / Chapter 6 / Section 33-601
33-601 REAL AND PERSONAL PROPERTY — ACQUISITION, USE OR DISPOSAL OF SAME.
Status: in_force

33-601. real and personal property — acquisition, use or disposal of same. The board of trustees of each school district shall have the following powers and duties:

(1) To rent to or from others, school buildings or other property used, or to be used, for school purposes.

(2) To contract for the construction, repair, or improvement of any real property, or the acquisition, purchase or repair of any equipment, or other personal property necessary for the operation of the school district.

Except for the purchase of curricular materials as defined in section 33-118A, Idaho Code, such contract shall be executed in accordance with the provisions of chapter 28, title 67, Idaho Code.

(3) To designate and purchase any real property necessary for school purposes or in the operation of the district, or remove any building, or dispose of any real property. Prior to, but not more than one (1) year prior to, any purchase or disposal of real property, the board shall have such property appraised by an appraiser certified in the state of Idaho, which appraisal shall be entered in the records of the board of trustees and shall be used to establish the value of the real property. The board of trustees shall determine the size of the site necessary for school purposes. The site shall be located within the incorporated limits of any city within the district; provided, however, that if the board finds that it is not in the best interests of the electors and the students of the district to locate the site within the incorporated limits of a city, the board, by duly adopted resolution setting forth the reasons for its finding, may designate a site located elsewhere within the district. In elementary school districts, except upon removal for highway purposes, a site may be designated or changed only after approval of two-thirds (2/3) or more of the electors voting at the annual meeting.

(4) (a) To convey, except as provided by paragraph (b) of this subsection, by deed, bill of sale, or other appropriate instrument, all of the estate and interest of the district in any property, real or personal. In elementary school districts, except such conveyance as is authorized by subsection (6) of this section, any of the transactions authorized in this subsection shall be subject to the approval of two-thirds (2/3) or more of the electors voting at the annual meeting.

Prior to such sale or conveyance, the board shall have the property appraised pursuant to this section, which appraisal shall be entered in the records of the board of trustees. The property may be sold at public auction or by sealed bids, as the board of trustees shall determine, to the highest bidder. Such property may be sold for cash or for such terms and conditions as the board of trustees shall determine for a period not exceeding ten (10) years, with the annual rate of interest on all deferred payments not less than seven percent (7%) per annum. The title to all property sold on contract shall be retained in the name of the school district until full payment has been made by the purchaser, and title to all property sold under a note and mortgage or deed of trust shall be transferred to the purchaser at the point of sale under the terms and conditions of the mortgage or deed of trust as the board of trustees shall determine. Notice of the time and the conditions of such sale shall be published twice, and proof thereof made, in accordance with subsections (2) and (3) of section 33-402, Idaho Code, except that when the appraised value of the property is less than one thousand dollars ($1,000), one (1) single notice by publication shall be sufficient and the property shall be sold by sealed bids or at public auction.

The board of trustees may accept the highest bid, may reject any bid, or reject all bids. If the real property was donated to the school district the board may, within a period of one (1) year from the time of the appraisal, sell the property without additional advertising or bidding. Otherwise, the board of trustees must have new appraisals made and again publish notice for bids, as before. During the sealed bid or public auction process, no real property of the school district can be sold for less than its appraised value. If, thereafter, no satisfactory bid is made and received, the board may proceed under its own direction to sell and convey the property for the highest price the market will bear.

The board of trustees may sell personal property, with an estimated value of less than one thousand dollars ($1,000), without appraisal, by sealed bid or at public auction, provided that there has been not less than one (1) published advertisement prior to the sale of said property. If the property has an estimated value of less than five hundred dollars ($500), the property may be disposed of in the most cost-effective and expedient manner by an employee of the district empowered for that purpose by the board, provided however, such employee shall notify the board prior to disposal of said property.

(b) Real and personal property may be exchanged hereunder for other property. Provided, however, that aside from the provisions of this paragraph, any school district may by a vote of one-half (1/2) plus one (1) of the members of the full board of trustees, by resolution duly adopted, authorize the transfer or conveyance of any real or personal property owned by such school district to the government of the United States, any city, county, the state of Idaho, any hospital district organized under chapter 13, title 39, Idaho Code, any cooperative service agency formed pursuant to section 33-317, Idaho Code, any other school district, the Idaho housing and finance association, any public charter school, any library district, any community college district, or any recreation district, with or without any consideration accruing to the school district, when in the judgment of the board of trustees it is for the interest of such school district that said transfer or conveyance be made. Prior to any transfer or conveyance of any real or personal property pursuant to this paragraph (4)(b), the board shall have the property appraised by an appraiser certified in the state of Idaho, which appraisal shall be entered in the records of the board of trustees and shall be used to establish the value of the real or personal property. Provided however, if the board of trustees finds it is in the school district's best interests to trade personal property to a person or entity for like kind personal property, the board of trustees may vote to elect to do so. The board of trustees may elect to abstain from an appraisal of the personal property if the estimated value of such property is less than five thousand dollars ($5,000).

(5) To enter into contracts with any city located within the boundaries of the school district for the joint purchase, construction, development, maintenance and equipping of playgrounds, ball parks, swimming pools, and other recreational facilities upon property owned either by the school district or the city.

(6) To convey rights-of-way and easements for highway, public utility, and other purposes over, upon or across any school property and, when necessary to the use of such property for any such purpose, to authorize the removal of school buildings to such new location, or locations, as shall be determined by the board of trustees, and such removal shall be made at no cost or expense to the school district.

(7) To authorize the use of any school building or vacant land of the district as a community center, or for any public purpose, and to establish a policy of charges, if any, to be made for such use.

(8) To exercise the right of eminent domain under the provisions of chapter 7, title 7, Idaho Code, for any of the uses and purposes provided in section 7-701, Idaho Code.

(9) If there is a great public calamity, such as an extraordinary fire, flood, storm, epidemic, or other disaster, or if it is necessary to do emergency work to prepare for national or local defense, or it is necessary to do emergency work to safeguard life, health or property, the board of trustees may pass a resolution declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property. Upon adoption of the resolution, the board may expend any sum required in the emergency without compliance with this section.

History:

[33-601, added 1963, ch. 13, sec. 70, p. 27; am. 1967, ch. 73, sec. 1, p. 167; am. 1972, ch. 39, sec. 1, p. 61; am. 1973, ch. 14, sec. 1, p. 29; am. 1974, ch. 140, sec. 1, p. 1353; am. 1975, ch. 109, sec. 1, p. 222; am. 1978, ch. 165, sec. 1, p. 361; am. 1979, ch. 120, sec. 1, p. 370; am. 1980, ch. 120, sec. 1, p. 259; am. 1981, ch. 143, sec. 1, p. 246; am. 1982, ch. 87, sec. 1, p. 160; am. 1983, ch. 111, sec. 1, p. 238; am. 1984, ch. 45, sec. 1, p. 73; am. 1992, ch. 237, sec. 1, p. 705; am. 1998, ch. 88, sec. 5, p. 300; am. 2000, ch. 345, sec. 1, p. 1167; am. 2001, ch. 191, sec. 1, p. 654; am. 2003, ch. 264, sec. 1, p. 699; am. 2004, ch. 219, sec. 1, p. 655; am. 2005, ch. 213, sec. 5, p. 640; am. 2006, ch. 228, sec. 1, p. 680; am. 2008, ch. 191, sec. 1, p. 598; am. 2008, ch. 307, sec. 1, p. 853; am. 2009, ch. 171, sec. 4, p. 546; am. 2009, ch. 227, sec. 2, p. 709; am. 2009, ch. 341, sec. 44, p. 1020; am. 2010, ch. 42, sec. 1, p. 73; am. 2012, ch. 15, sec. 1, p. 32.]
Idaho Code § 33-2404 — Idaho Code / Title 33 / Chapter 24 / Section 33-2404
33-2404 AGENT'S PERMIT.
Status: in_force

33-2404. Agent's permit. (1) No individual may act as an agent of a proprietary school required to be registered under the provisions of this chapter unless that individual holds a valid agent's certificate of identification issued by the proprietary school that the agent represents.

(2) Each agent's certificate of identification shall be reissued annually by the proprietary school that the agent represents on the first day of July. If courses are solicited or sold by more than one (1) agent, a separate certificate of identification is required for each agent.

(3) The agent's certificate of identification shall consist of a pocket card and shall bear:

(a) The name and address of the agent;

(b) The name and address of the proprietary school that the agent represents;

(c) A statement that the bearer is an authorized agent of the proprietary school and may solicit students for the proprietary school.

(4) The agent shall surrender the agent's certificate of identification to the proprietary school upon termination of employment or agency relationship.

(5) An agent representing more than one (1) proprietary school shall obtain a separate agent's certificate of identification for each proprietary school represented.

(6) For every agent who will have unsupervised contact with minors, prior to issuing the agent a certificate of identification the proprietary school shall complete a criminal history check on the agent for particular criminal offenses, and in accordance with other guidelines, established in rule by the board. No agent shall be issued an agent's certificate of identification if he or she is found to have been convicted of any of the offenses identified in board rule, or if he or she has been previously found in any judicial or administrative proceeding to have violated this chapter.

(7) An agent's certificate of identification shall be valid for the state's fiscal year in which it is issued, unless sooner revoked or suspended.

(8) The agent shall carry the agent's certificate of identification with him or her for identification purposes when engaged in the solicitation of students away from the premises of the proprietary school and shall produce the agent's certificate of identification for inspection upon request.

(9) The issuance of an agent's certificate of identification pursuant to this section shall not be interpreted as, and it shall be unlawful for any individual holding any agent's certificate of identification to expressly or impliedly represent by any means whatsoever, that the board has made any evaluation, recognition, accreditation or endorsement of any proprietary school or of any course of study being offered by the agent of any such proprietary school. Any oral or written statement, advertisement or solicitation by any proprietary school or agent which refers to the board shall state:

"(Name of school) is registered with the State Board of Education in accordance with Section 33-2403, Idaho Code."

(10) It shall be unlawful for any agent holding an agent's certificate of identification under the provisions of this section to expressly or impliedly represent, by any means whatsoever, that the issuance of the agent's certificate of identification constitutes an assurance by the board that any course of study being offered by the agent or proprietary school will provide and require of the student a course of education or training necessary to reach a professional, educational, or vocational objective, or will result in employment or personal earning for the student, or that the board has made any evaluation, recognition, accreditation, or endorsement of any course of study being offered by the agent or proprietary school.

(11) No agent shall make any statements or engage in any practices that are false, deceptive or misleading.

(12) The proprietary school shall maintain records for five (5) years of each application for an agent's certificate of identification, and each issuance, denial, termination, suspension and revocation of an agent's certificate of identification.

(13) The proprietary school shall provide as part of the annual registration process the names and results of the criminal history check for each agent to whom it has issued a certificate of identification. The criminal history check will be valid for five (5) years.

(14) A student may bring an action pursuant to the Idaho rules of civil procedure for an agent's violation of the provisions of this chapter or any rule promulgated pursuant to this chapter, or any fraud or misrepresentation. The court shall determine which party is the "prevailing party" and the prevailing party shall be entitled to the recovery of damages, reasonable attorney's fees and costs both at trial and on appeal.

History:

[(33-2404) 33-2405, added 1993, ch. 57, sec. 3, p. 157; am. and redesig. 2006, ch. 240, sec. 8, p. 730; am. 2009, ch. 26, sec. 5, p. 76; am. 2011, ch. 159, sec. 4, p. 449.]
Idaho Code § 33-2606 — Idaho Code / Title 33 / Chapter 26 / Section 33-2606
33-2606 BOARD OF TRUSTEES — MEETINGS.
Status: in_force

33-2606. Board of trustees — Meetings. The board of trustees shall meet at least once in each quarter unless required by city ordinance to meet more frequently. One (1) of the meetings shall be designated as the annual meeting. The purposes of the annual meeting are to elect the officers of the board, to establish a regular meeting date, and to review, amend, repeal or adopt bylaws, policies and procedures. Special meetings may be held from time to time as the board may determine, but written notice thereof shall be given to the members at least two (2) days prior to the day of the meeting. A quorum shall consist of three (3) voting members, but a smaller number may adjourn. All library board meetings are to be held pursuant to the open meeting law, chapter 2, title 74, Idaho Code.

History:

[33-2606, added 1993, ch. 186, sec. 7, p. 470; am. 2014, ch. 68, sec. 1, p. 175; am. 2015, ch. 141, sec. 67, p. 427.]
Idaho Code § 33-1503 — Idaho Code / Title 33 / Chapter 15 / Section 33-1503
33-1503 PAYMENTS WHEN TRANSPORTATION NOT FURNISHED.
Status: in_force

33-1503. Payments when transportation not furnished. a. Whenever any pupil lives more than one and one-half (1 1/2) miles from any established bus stop or from the school of attendance, as designated by the board of trustees, and such pupil is regularly transported by private vehicle not under contract with the school district, the board may pay to the parent or guardian an amount per month up to ten dollars ($10.00) per vehicle plus mileage at the current rate established by the state board of examiners for each round trip approved.

b. Whenever in the judgment of the board of trustees any pupil residing within the area of a nontransportation zone, and otherwise eligible to transportation, cannot be transported in any manner herein authorized, the said board may pay to the parent or guardian thereof such amount of the cost incurred by the parent or guardian for the board and lodging of the pupil as may be authorized by the board of trustees.

History:

[33-1503, added 1963, ch. 13, sec. 81, p. 27; am. 1977, ch. 236, sec. 1, p. 710; am. 1982, ch. 92, sec. 2, p. 171; am. 1986, ch. 48, sec. 1, p. 140; am. 1997, ch. 115, sec. 1, p. 289.]
Idaho Code § 33-2608 — Idaho Code / Title 33 / Chapter 26 / Section 33-2608
33-2608 LIBRARY DIRECTOR — DUTIES — OTHER EMPLOYEES.
Status: in_force

33-2608. Library director — Duties — Other employees. (1) The board of trustees of each city library shall appoint the library director with the approval of a majority of the members of the city council. The board may terminate the library director with the approval of a majority of the members of the city council. The library director shall advise the board, implement policy set by the board, supervise all library staff, and acquire library materials, equipment, and supplies. The library director shall attend all board meetings but shall not vote.

(2) With the recommendation of the library director, the board shall budget to hire other employees as may be necessary for the operation of the library. The library director shall hire or oversee the hiring of all other employees based on the policies, procedures, and job descriptions of the city. These employees shall be employees of the city and subject to the city's personnel policies and classifications unless otherwise provided by city ordinance.

History:

[33-2608, added 1993, ch. 186, sec. 9, p. 471; am. 2021, ch. 165, sec. 2, p. 468; am. 2026, ch. 150, sec. 2, p. 691.]
Idaho Code § 33-1633 — Idaho Code / Title 33 / Chapter 16 / Section 33-1633
33-1633 COMPUTER SCIENCE INITIATIVE FOR PUBLIC SCHOOLS.
Status: in_force

33-1633. computer science initiative for public schools. (1) As used in this section:

(a) "Blended professional development" means to deliver content and training to teachers and administrators in a combination of online and face-to-face.

(b) "Computer science" means the study of principles, applications, and technologies of computing and computers.

(c) "Council" means the workforce development council established in section 72-1201, Idaho Code.

(2) The council, the state board of education, and the state department of education shall collaborate to develop and implement a computer science initiative for public schools by:

(a) Maintaining computer science content standards aligned with nationally recognized computer science education standards with input from Idaho educators and industries;

(b) Providing for professional development in teaching computer science by:

(i) Developing resources for teachers and administrators relating to teaching computational thinking;

(ii) Providing statewide, regional, online, and blended professional development opportunities for school district staff;

(iii) Partnering with entities such as the Idaho digital learning academy, public higher education institutions, and industry to develop, deliver, and provide professional development in computer science for teachers; and

(iv) Distributing grants to school districts and charter schools that may be used to provide incentives for teachers to pursue training in computer science or earn a computer science endorsement;

(c) Maintaining, using, and enhancing access to an online portal or repository of instructional resources that:

(i) Is available for public school districts and public charter schools to use as a resource;

(ii) Includes high-quality computer science instructional resources that are designed to teach K-12 students computational thinking skills and are in alignment with the state computer science content standards;

(iii) Leverages existing online resources and portals developed by state and governmental entities; and

(iv) Allows for collaborative contribution and sharing of resources by teachers, administrators, parents, and students;

(d) Ensuring that the state department of education and the Idaho digital learning academy evaluate providers of comprehensive computer science instructional solutions and provide research, support, and guidance on implementing solutions for computer science courses or programs aligned with the state computer science content standards;

(e) Creating opportunities for schools to partner with local companies to provide for student and teacher mentoring and internships in the computer science field;

(f) Communicating and supporting computer science initiatives, programs, events, training, and other promotions throughout the state for the benefit of school districts, students, parents, and local communities; and

(g) Creating equitable access to computer science resources and programs aligned with the state computer science content standards for teachers, administrators, and students throughout the state.

(3) The council, the state board of education, and the state department of education shall, when economical and beneficial, leverage existing state resources and systems to effectively and efficiently carry out the directives of this computer science initiative for public schools.

(4) The executive director of the council may select one (1) or more providers through a request for proposals process to provide a comprehensive computer science solution for public school districts and public charter schools to implement.

(5) The council, the division of career technical education, and industry shall collaborate to create technical secondary and postsecondary courses of study in areas related to computer science that meet workforce needs.

(6) The council shall collaborate with the state board of education, division of career technical education, the state department of education, public higher education institutions, and industry to develop a communication plan related to the computer science initiative.

(7) The council and the state board of education shall provide an annual report to the legislature on the status of this initiative.

History:

[33-1633, added 2016, ch. 156, sec. 2, p. 427; am. 2026, ch. 184, sec. 1, p. 829.]
Idaho Code § 33-6902 — Idaho Code / Title 33 / Chapter 69 / Section 33-6902
33-6902 DISTRACTION-FREE LEARNING.
Status: in_force

33-6902. distraction-free learning. (1) No later than December 31, 2025, every local school board and public charter school shall adopt a policy governing the use of electronic communications devices by students in school buildings and on school grounds or premises during school hours. The policy shall:

(a) Emphasize that student use of electronic communications devices be as limited as possible in school buildings and on school grounds or premises during school hours; and

(b) Reduce distractions related to the use of electronic communications devices in classroom settings during school hours.

(2) The provisions of this section shall not be construed to require a local school board or public charter school to adopt a policy that prohibits all use of electronic communications devices by students. However, local school boards and public charter schools may adopt a policy prohibiting students from carrying electronic communications devices in school buildings and on school grounds or premises during school hours. A local school board or public charter school that adopts such policy shall be considered to have met the requirement to adopt a policy under this section.

(3) A policy adopted pursuant to the provisions of this section may provide for exceptions to the use of electronic communications devices, including but not limited to accommodations for individualized education programs. Each policy shall specify any disciplinary measures for violations of the policy.

(4) Every local school board and public charter school shall make the policy it adopts pursuant to the provisions of this section publicly available and display such policy prominently on its public website.

History:

[(33-6902) 33-6802, added 2025, ch. 55, sec. 1, p. 266; am. and redesig. 2026, ch. 251, sec. 9, p. 1061.]
Idaho Code § 33-2811 — Idaho Code / Title 33 / Chapter 28 / Section 33-2811
33-2811 POWERS OF PRESIDENT AND FACULTY — COURSES OF STUDY AND TEXTBOOKS — DIPLOMAS — DISCIPLINE OF STUDENTS.
Status: in_force

33-2811. Powers of president and faculty — Courses of study and textbooks — Diplomas — Discipline of students. The president of the university shall be president of the faculty, or of the several faculties as they may be hereafter established, and the executive head of the instructional force in all its departments. As such, he shall have authority, subject to the board of regents, to give general direction to the instruction and scientific investigation of the university, and so long as the interests of the institution require it, he shall be charged with the duties of one of the professorships. The immediate government of the university shall be intrusted to the faculty, but the regents shall have the power to regulate courses of instruction, and prescribe the books or works to be used in the several courses, and also to confer such degrees and grant such diplomas as are usual in universities, or as they shall deem appropriate, and to confer upon the faculty, by by-laws, the power to suspend or expel students for misconduct or other cause prescribed by such by-laws.

History:

[(33-2811) 1888-1889, p. 21, sec. 8; reen. R.C. & C.L., sec. 495; C.S., sec. 1064; I.C.A., sec. 32-2311.]
Idaho Code § 33-2112 — Idaho Code / Title 33 / Chapter 21 / Section 33-2112
33-2112 ADDITIONAL TAX LEVY FOR GYMNASIUM AND GROUNDS.
Status: in_force

33-2112. Additional tax levy for gymnasium and grounds. The board of trustees of any community college district may levy a tax not exceeding one one-hundredth percent (.01%) on each dollar of the assessed value of the taxable property within the district for the maintenance and care of the gymnasium and college grounds of the district, in addition to other taxes authorized by law for the maintenance and support of the community college.

History:

[33-2112, added 1963, ch. 363, sec. 12, p. 1037; am. 1991, ch. 315, sec. 1, p. 823; am. 1996, ch. 208, sec. 10, p. 668; am. 1996, ch. 322, sec. 33, p. 1063.]
Idaho Code § 33-2110A — Idaho Code / Title 33 / Chapter 21 / Section 33-2110A
33-2110A TUITION OF OUT-OF-DISTRICT IDAHO STUDENTS, COUNTY TAXES AND OTHER FINANCIAL SUPPORT.
Status: in_force

33-2110A. Tuition of out-of-district Idaho students, county taxes and other financial support. (1) Any student residing in the area of a county outside of a community college district or in a county without a community college district, who has been a resident of the county and state as defined by section 33-2110B, Idaho Code, immediately prior to the date of his first enrollment in a community college, which residence may not be acquired while attending and enrolled in a community college, may enroll in any community college in the state, and the county of his residence shall pay that portion of his tuition as hereinafter set out. The tuition which shall be paid by the resident county shall be that portion of the tuition uniformly established by a community college district for all out-of-district students, both in state as well as out of state, pursuant to section 33-2110, Idaho Code, after deducting therefrom the amount of tuition paid by a resident student at the community college; however, the liability of the resident county shall not exceed two-thirds (2/3) of the total tuition and fees charged and in no instance shall it exceed five hundred dollars ($500) each semester for a two (2) semester year for a full-time student. The student shall pay the tuition and fees charged a student resident in the district, and the balance, if any, of the out-of-district student tuition above the maximum liability of the county of his residence. No county shall be liable for out-of-district tuition unless the board of county commissioners of that county has first verified to the community college in writing the fact that the student is a resident of the county. Upon verification, the county shall thereafter be liable for the out-of-district tuition so long as the student is duly enrolled and attending the college subject to the following limitations:

(a) Liability shall be the term of the curriculum for which the student is enrolled, with a maximum lifetime liability of three thousand dollars ($3,000). The three thousand dollar ($3,000) maximum is exclusive of any reimbursement to counties for county tuition from the state or other funds.

(b) Liability shall terminate if the student's domiciliary residence changes and that change continues for twelve (12) months.

(2) The tuition shall be established annually not later than August 1 and shall be forthwith filed with the state board of education, together with a statement supporting the computation thereof.

(3) To receive county payment of tuition, each out-of-district student taking community college courses shall complete a certificate of residency form and submit it to the county clerk of their resident county on or before December 1 of each year for classes taken during that fall semester, and on or before May 1 of each year for classes taken during that spring semester. Failure by a student to submit the certificate of residency form by these deadlines is sufficient grounds for denial of the certificate of residency by the county.

(4) Each county shall provide information regarding which students' certificates of residency were approved to each community college on or before December 20 of each year for classes taken during that fall semester, and on or before May 20 of each year for classes taken during that spring semester.

(5) Each community college shall submit an invoice to each county of residence of each out-of-district student on or before January 20 of each year for classes taken during that fall semester, and on or before June 20 of each year for classes taken during that spring semester. Counties are not required to pay for classes that are billed past these deadlines. Invoices shall list the out-of-district tuition amount for each out-of-district student who was approved by the county of residency, and shall list only students still duly enrolled in the class past the community college's drop deadline.

(6) Each board of county commissioners shall allow and order paid any timely submitted and proper invoice for tuition at a regular meeting following receipt of the invoice. Upon failure of a county to pay a timely submitted and proper invoice, a community college district may commence action in the district court of the state of Idaho for the county to collect the same.

(7) For the payment of tuition of out-of-district students as herein provided, there shall be allocated in each county without a community college district to a county community college fund, and paid to the county treasurer to be held in that fund, fifty percent (50%) of all moneys apportioned to the county out of liquor funds of the state of Idaho as set forth in chapter 4, title 23, Idaho Code, and that amount shall be deducted from the amount that would otherwise be allocated to the county; and if liquor funds are not sufficient to pay the tuition, commencing for the calendar year 1966, the board of county commissioners shall levy upon the taxable property within each county without a community college district, and, in a county with such a district, upon the taxable property within the county lying outside of the community college district, a property tax not to exceed six hundredths percent (.06%) of market value for assessment purposes, to be certified as set out in section 33-2111, Idaho Code. The proceeds of the levy shall be placed in the county community college fund.

(8) Based upon the enrollment established by the first semester's tuition invoices received by January 20, the board of county commissioners shall establish immediately a total community college annual tuition budget for two (2) semesters which shall be equal to twice the amount of the tuition bills plus a contingency factor of ten percent (10%). This budget shall be adjusted after June 20 based on any change of enrollment shown by the second semester tuition bills. If enrollment is from zero to not more than four (4) students, a minimum budget of five (5) students at five hundred dollars ($500) each shall be established. In the event all tuition bills received have been paid, notwithstanding any other provision hereof, (a) any liquor funds received, which in the quarter when received to any extent are in excess of the budget, to the extent of that excess shall not be paid over to the county treasurer to be held in the community college fund, and (b) any funds received from the levy on taxable property, which when received to any extent are in excess of the budget after the application of liquor funds thereto, to the extent of that excess shall not be paid over to the community college fund. Excess liquor funds shall be paid pursuant to law as if this section were not applicable and excess funds shall be paid to the general fund of the county. In the event the total liquor fund payable hereunder to the county community college fund together with the receipts from the levy on taxable property for each fiscal year are insufficient to pay tuition bills, which deficiency is caused by a levy of less than the maximum allowed hereunder, or by enrollment in excess of the budget herein provided, the budget for each following year shall be increased to the maximum allowed by the maximum tax levy authorized to pay any deficiency at the earliest time. If the deficiency is due to the lack of funds in a fiscal year when the maximum levy authorized shall have been made, for the next fiscal year thereafter the number of students from that county shall be limited by the board of county commissioners to the extent necessary to pay the deficiency not later than the end of the following year. A community college shall nevertheless have a right to require any student residing outside the district to pay out-of-district tuition if the county of his residence is more than twenty-five percent (25%) in arrears of a total county tuition bill for one (1) year as of the beginning of the subsequent semester, but tuition shall be refunded to such students when paid by the county.

History:

[33-2110A, added 1965, ch. 238, sec. 4, p. 576; am. 1967, ch. 327, sec. 2, p. 957; am. 1967, ch. 371, sec. 1, p. 1066; am. 1969, ch. 179, sec. 1, p. 536; am. 1971, ch. 127, sec. 2, p. 505; am. 1974, ch. 139, sec. 8, p. 1343; am. 1975, ch. 160, sec. 5, p. 414; am. 1982, ch. 255, sec. 7, p. 658; am. 1982, ch. 264, sec. 2, p. 676; am. 1983, ch. 113, sec. 1, p. 241; am. 1985, ch. 218, sec. 1, p. 528; am. 1990, ch. 113, sec. 1, p. 236; am. 1996, ch. 208, sec. 9, p. 666; am. 1996, ch. 322, sec. 31, p. 1060; am. 2005, ch. 42, sec. 1, p. 166; am. 2016, ch. 303, sec. 1, p. 853.]
Idaho Code § 33-911 — Idaho Code / Title 33 / Chapter 9 / Section 33-911
33-911 SCHOOL DISTRICT FACILITIES FUND.
Status: in_force

33-911. SCHOOL District FACILITIES FUND. (1) There is hereby created in the state treasury the school district facilities fund. The fund shall consist of moneys provided pursuant to sections 57-811, 63-3638, and 67-7434, Idaho Code, and any legislative transfers or appropriations. Interest earned from the investment of moneys in the fund shall be returned to the fund. Moneys in the fund are hereby continuously appropriated for the purposes stated in this section.

(2) The moneys in the fund shall be distributed by the state controller to the state department of education by August 1 each year for the purpose of construction or renovation of school facilities. The moneys shall be distributed by the state department of education to each school district, as defined in section 33-1001(23)[(24)], Idaho Code, first as provided in subsection (7) of this section and then on a per-pupil basis using the average daily attendance calculation provided in section 33-1003A, Idaho Code, for each student in kindergarten through grade 12 at physical facilities that are part of and on school grounds of the school district in which the student is enrolled with verification, as needed, by the office of the state board of education. Upon formal approval by the state board of education, a school district may receive an exemption to the physical facility requirement pursuant to this subsection if the student would have attended a physical facility in the school district if not for a stated emergency. The state department of education shall transfer the moneys by no later than August 31 each year to each school district. Such moneys shall be used in place of property tax levy moneys and shall be expended by a school district for one (1) or more of the purposes set forth in paragraphs (a) through (f) of this subsection. Moneys in the fund must be used by a school district in the following order of priority:

(a) Payment of existing school bonds authorized pursuant to chapter 11, title 33, Idaho Code, and issued prior to July 1, 2025;

(b) Payments required pursuant to section 33-909, Idaho Code;

(c) Payment of existing school bonds authorized pursuant to chapter 11, title 33, Idaho Code, and issued on or after July 1, 2025;

(d) Payment of supplemental school levies authorized pursuant to section 33-802, Idaho Code, excluding indefinite term supplemental levies described in section 33-802(5), Idaho Code;

(e) Payment of school plant facility levies authorized pursuant to sections 33-804 and 33-804A, Idaho Code; and

(f) Any moneys that remain following the payments provided in paragraphs (a) through (e) of this subsection may be: used for construction of a new school facility, renovation, or maintenance needs; used to secure and make payments on a new school facilities bond; used to make additional payments on existing school facilities bonds; used to make payments on lease-purchase agreements for school facilities; or saved in a reserve account by the school district for future school facility needs. Uses of funds shall include regular and routine facilities maintenance, including preventive maintenance, building repairs, and building security, and periodic major facilities projects that involve planning, design, construction, renovation, retrofitting, and replacing of buildings and building systems, components, and features, as well as site acquisition, site improvements, and new construction.

(3) The amount of moneys received by a school district pursuant to subsection (2)(a), (c), (d), and (e) of this section must be deducted from a school levy that would otherwise have been paid by property taxpayers. Such moneys may not be duplicated by the collection of property tax, and no property taxes may be collected in order to make extra payments on expenses described in subsection (2) of this section in excess of required amounts.

(4) Each school district shall identify the amount received in the current year pursuant to this section in the certification of its budget in accordance with section 63-803, Idaho Code. Said amount must be subtracted from the amount to be levied. The amount of moneys thereby saved from being collected by a property tax levy shall be reported on each property tax notice pursuant to section 63-902, Idaho Code.

(5) Each school district shall report annually to the state department of education, in a manner prescribed by it, on the expenditure of moneys it has received pursuant to this section. The state department of education shall present the reports to the legislature each January.

(6) For the purposes of this section, the Idaho school for the deaf and the blind shall be considered a school district and shall receive a distribution based on the average daily attendance of the school.

(7)(a) For state fiscal year 2025 only, any school district that would have received support from the bond levy equalization support program for a qualified bond passed prior to January 1, 2024, and for which property taxes were levied in property tax year 2023 pursuant to the amount intended by the bond shall receive a distribution of funds from the distribution provided under subsection (2) of this section of at least as much as would have been provided through bond levy equalization support on July 1, 2024.

(b) For state fiscal year 2026 only, any school district that would have received support from the bond levy equalization support program for a qualified bond passed prior to January 1, 2024, and for which property taxes were levied in property tax year 2024 pursuant to the amount intended by the bond shall receive a distribution of funds from the distribution provided under subsection (2) of this section of at least as much as would have been provided through bond levy equalization support on July 1, 2025.

(c) The state department of education may adjust distributions for remaining districts proportionally as necessary pursuant to this paragraph. On and after July 1, 2024, school districts may use funds provided in this section and section 33-913, Idaho Code, to offset the bond levy equalization support.

History:

[33-911, added 2023, ch. 200, sec. 2, p. 542; am. 2024, ch. 237, sec. 4, p. 825; am. 2024, ch. 302, sec. 2, p. 1012; am. 2025, ch. 175, sec. 1, p. 824; am. 2025, ch. 213, sec. 2, p. 1018; am. 2026, ch. 32, sec. 1, p. 134; am. 2026, ch. 222, sec. 4, p. 988.]
Idaho Code § 33-2408 — Idaho Code / Title 33 / Chapter 24 / Section 33-2408
33-2408 REMEDIES — CIVIL PENALTIES.
Status: in_force

33-2408. Remedies — civil penalties. (1) Whenever there is sufficient evidence that causes the director to conclude that any person or any agent has engaged in or is about to engage in any act or practice constituting a violation of any provisions of this chapter or any rule or order thereunder, the director may:

(a) Issue a cease and desist order ordering such person or agent to cease and desist violating or continuing to violate any provision of this chapter or any rule or order issued in accordance with this chapter; or

(b) Apply to the district court for an order enjoining such person or agent from violating or continuing to violate any provision of this chapter or any rule or order and for injunctive or such other relief as the nature of the case may require.

(2) Within thirty (30) days after an order is issued under subsection (1)(a) of this section, the person or agent to whom the order is directed may file with the director a request for a hearing on the order. The provisions of the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, shall apply to such hearing and to judicial review of such order.

(3) Upon showing in any court of competent jurisdiction that a person or agent has violated the provisions of this chapter or rule adopted pursuant to the provisions of this chapter, in addition to any other remedies, such court may order the person or agent to pay civil penalties in an amount established by the court for each violation. Such court may also enter an order entitling the director to recover costs, which in the discretion of the court may include an amount representing reasonable attorney's fees and reimbursement for investigative efforts.

History:

[33-2408, added 2011, ch. 159, sec. 7, p. 452.]
Idaho Code § 33-2303 — Idaho Code / Title 33 / Chapter 23 / Section 33-2303
33-2303 POWERS OF BOARD IN CARRYING OUT PROVISIONS.
Status: in_force

33-2303. Powers of board in carrying out provisions. (1) The board heretofore designated as the state board for career technical education is hereby designated as the state board for the purpose of providing for the vocational rehabilitation of persons with disabilities, other than those who are legally blind, and is empowered and directed to cooperate in the administration of said act of congress; to prescribe and provide such courses of vocational services as may be necessary for the vocational rehabilitation of persons with disabilities, other than those who are legally blind, and provide for the supervision of such services; to appoint such assistants as may be necessary to administer this act and said act of congress in this state; to fix the compensation of such assistants and to direct the disbursement and administer the use of all funds provided by the federal government and the state of Idaho for the vocational rehabilitation of such persons.

(2) In order to provide vocational rehabilitation services, the board for career technical education may enter into, or authorize a state vocational rehabilitation agency over which it has oversight to enter into, agreements with any person, corporation or association, approved by the board for career technical education to provide such services.

(3) Any person, corporation or association may make application to the board for career technical education for approval and certification to provide vocational rehabilitation services. The board for career technical education may either grant or deny certification or revoke certification previously granted after investigation of the applicant, in accordance with standards as set forth in rules promulgated by the board for career technical education, and consistent with national accreditation bodies. The board for career technical education may authorize a state vocational rehabilitation agency over which it has oversight to provide the approvals or certifications described in this subsection.

History:

[(33-2303) 1921, ch. 44, sec. 3, p. 70; I.C.A., sec. 32-1803; am. 1994, ch. 46, sec. 3, p. 75; am. 1999, ch. 329, sec. 16, p. 861; am. 2006, ch. 84, sec. 2, p. 248; am. 2015, ch. 244, sec. 21, p. 1020; am. 2016, ch. 25, sec. 22, p. 47.]
Idaho Code § 33-301 — Idaho Code / Title 33 / Chapter 3 / Section 33-301
33-301 SCHOOL DISTRICTS BODIES CORPORATE.
Status: in_force

33-301. School districts bodies corporate. Each school district, now or hereafter established, when validly organized and existing, is declared to be a body corporate and politic, and in its corporate capacity may sue and be sued and may acquire, hold and convey real and personal property necessary to its establishment, extension and existence. It shall have authority to issue negotiable coupon bonds and incur such other debt, in the amounts and manner, as provided by law.

History:

[33-301, added 1963, ch. 13, sec. 31, p. 27.]
Idaho Code § 33-5211 — Idaho Code / Title 33 / Chapter 52 / Section 33-5211
33-5211 TECHNICAL SUPPORT AND INFORMATION.
Status: in_force

33-5211. TECHNICAL SUPPORT AND INFORMATION. (1) Upon request, the state department of education shall provide technical assistance to persons or authorizers preparing or reviewing charter applications or performance certificates and to existing public charter schools in the same manner as such assistance is provided to traditional public schools and school districts.

(2) The state department of education shall annually offer a public charter school workshop and make a recording available to the public.

(3) The state department of education shall collaborate with authorizers to enroll charter schools in need of improvement in support and development programs, including but not limited to the Idaho building capacity program.

History:

[33-5211, added 2024, ch. 9, sec. 33, p. 79.]
Idaho Code § 33-3703 — Idaho Code / Title 33 / Chapter 37 / Section 33-3703
33-3703 SUCCESSORS OF BOARD.
Status: in_force

33-3703. Successors of board. The powers hereby conferred upon the said board of education shall inure to the body, commission, commissioners, officer or officers that may at any time succeed said board.

History:

[(33-3703) 1923, ch. 72, sec. 3, p. 79; I.C.A., sec. 32-3203.]
Idaho Code § 33-1209 — Idaho Code / Title 33 / Chapter 12 / Section 33-1209
33-1209 PROCEEDINGS TO REVOKE, SUSPEND, DENY OR PLACE REASONABLE CONDITIONS ON A CERTIFICATE — LETTERS OF REPRIMAND — COMPLAINT — SUBPOENA POWER — HEARING.
Status: in_force

33-1209. Proceedings to revoke, suspend, deny or place reasonable conditions on a certificate — Letters of reprimand — Complaint — Subpoena power — Hearing. (1) The professional standards commission may conduct investigations on any signed allegation of unethical conduct of any teacher brought by:

(a) An individual with a substantial interest in the matter, except a student in an Idaho public school; or

(b) A local board of trustees.

The allegation shall state the specific ground or grounds for the allegation of unethical conduct that could lead to a possible revocation, suspension, placing reasonable conditions on the certificate, or issuance of a letter of reprimand. Upon receipt of a written and signed allegation of unethical conduct, the chief certification officer, in conjunction with the attorney general and the professional standards commission investigator, shall conduct a review of the allegation using established guidelines to determine whether to remand the issue to the school district to be resolved locally or to open an investigation and forward the case to the professional standards commission. Within fourteen (14) days of the decision to forward the case, the chief certification officer shall notify the complainant and the teacher, in writing, that an investigation will be conducted and the teacher shall be afforded an opportunity to respond to the allegation verbally and in writing prior to the issuance of the complaint. The executive committee of the professional standards commission shall review the circumstances of the forwarded case at one (1) of the two (2) next regularly scheduled meetings, and determine whether probable cause exists to warrant the filing of a complaint and the requesting of a hearing.

(2) Proceedings to revoke or suspend any certificate issued under section 33-1201, Idaho Code, or to issue a letter of reprimand or place reasonable conditions on the certificate shall be commenced by a written complaint against the holder thereof. Such complaint shall be made by the chief certification officer stating the ground or grounds for issuing a letter of reprimand, placing reasonable conditions on the certificate, or for revocation or suspension and proposing that a letter of reprimand be issued, reasonable conditions be placed on the certificate, or the certificate be revoked or suspended. A copy of the complaint shall be served upon the certificate holder, either by personal service or by certified mail, within thirty (30) days of determination by the executive committee or such other time agreed to by the teacher and the chief certification officer. Any complaint that contains information relating to behavior that may be criminal shall be reported to the appropriate law enforcement authorities.

(3) Not more than thirty (30) days after the date of service of any complaint, the person complained against may request, in writing, a hearing upon the complaint. Any such request shall be made and addressed to the state superintendent of public instruction; and if no request for hearing is made, the grounds for suspension, revocation, placing reasonable conditions on the certificate, or issuing a letter of reprimand stated in the complaint shall be deemed admitted. Upon a request for hearing, the chief certification officer shall give notice, in writing, to the person requesting the hearing, which notice shall state the time and place of the hearing and which shall occur not more than ninety (90) days from the request for hearing or such other time agreed to by the teacher and the chief certification officer. The time of such hearing shall not be less than five (5) days from the date of notice thereof. Any such hearing shall be informal and shall conform with chapter 52, title 67, Idaho Code. The hearing will be held within the school district in which any teacher complained of shall teach, or at such other place deemed most convenient for all parties.

(4) Any such hearing shall be conducted by three (3) or more panel members appointed by the chairman of the professional standards commission, a majority of whom shall hold a position of employment the same as the person complained against. One (1) of the panel members shall serve as the panel chair. The panel chair shall be selected by the chairman of the professional standards commission from a list of former members of the professional standards commission who shall be instructed in conducting administrative hearings. No commission member who participated in the probable cause determination process in a given case shall serve on the hearing panel. All hearings shall be held with the object of ascertaining the truth. Any person complained against may appear in person and may be represented by legal counsel, and may produce, examine and cross-examine witnesses, and, if he chooses to do so, may submit for the consideration of the hearing panel a statement, in writing, in lieu of oral testimony, but any such statement shall be under oath and the affiant shall be subject to cross-examination.

(5) The state superintendent of public instruction, as authorized by the state board of education, has the power to issue subpoenas and compel the attendance of witnesses and compel the production of pertinent papers, books, documents, records, accounts and testimony. The state board or its authorized representative may, if a witness refuses to attend or testify or to produce any papers required by such subpoena, report to the district court in and for the county in which the proceeding is pending, by petition, setting forth that a due notice has been given of the time and place of attendance of the witnesses, or the production of the papers, that the witness has been properly summoned, and that the witness has failed and refused to attend or produce the papers required by this subpoena before the board, or its representative, or has refused to answer questions propounded to him in the course of the proceedings, and ask for an order of the court compelling the witness to attend and testify and produce the papers before the board. The court, upon the petition of the board, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in the order, the time to be not more than ten (10) days from the date of the order, and then and there shall show cause why he has not attended and testified or produced the papers before the board or its representative. A copy of the order shall be served upon the witness. If it shall appear to the court that the subpoena was regularly issued by the board and regularly served, the court shall thereupon order that the witness appear before the board at the time and place fixed in the order and testify or produce the required papers. Upon failure to obey the order, the witness shall be dealt with for contempt of court. The subpoenas shall be served and witness fees and mileage paid as allowed in civil cases in the district courts of this state.

(6) Within twenty-one (21) days of the conclusion of any hearing dealing with the revocation, suspension, denial of a certificate, placing reasonable conditions on the certificate, or issuing a letter of reprimand, the hearing panel shall submit to the chief certification officer, to the person complained against and to the chief administrative officer of the public school employing the certificate holder, if any, a concise statement of the proceedings, a summary of the testimony, and any documentary evidence offered, together with the findings of fact and a decision. The hearing panel may determine to suspend or revoke the certificate, or the panel may order that reasonable conditions be placed on the certificate or a letter of reprimand be sent to the certificate holder, or if there are not sufficient grounds, the allegation against the certificate holder is dismissed and is so recorded.

(7) Within three (3) days of issuance, the hearing panel's decision shall be made a permanent part of the record of the certificate holder. Should the final decision be to place reasonable conditions upon the certificate holder or a suspension or revocation of the teaching certificate, the professional standards commission must notify the employing public school of the hearing panel's decision and to provide notice that such may negatively impact upon the employment status of the certificated employee.

(8) The final decision of the hearing panel shall be subject to judicial review in accordance with the provisions of chapter 52, title 67, Idaho Code, in the district court of the county in which the holder of a revoked certificate has been last employed as a teacher.

(9) Whenever any certificate has been revoked, suspended or has had reasonable conditions placed upon it, or an application has been denied, the professional standards commission may, upon a clear showing that the cause constituting grounds for the listed actions no longer exists, issue a valid certificate. Provided however, that no certificate shall be issued to any person who has been convicted of any crime listed in subsection (2) of section 33-1208, Idaho Code.

(10) For any person certified in another state and applying for certification in Idaho, and for any person previously certified in this state who is applying for certification in the event their certification has lapsed or is seeking renewal of a current certification, the chief certification officer shall deny an application for a new certificate or for a renewal of a certificate, regardless of the jurisdiction where such certificate was issued, if there are any unsatisfied conditions on such current or previously issued certificate or if there is any form of pending investigation by a state agency concerning the applicant's teaching license or certificate. Provided however, the chief certification officer shall not automatically deny the application if such person authorized in writing that the chief certification officer and the professional standards commission shall have full access to the investigative files concerning the conditions on, or investigation concerning, such certificate in Idaho or any other state or province. Upon review of the information authorized for release by the applicant, the chief certification officer shall either grant or deny such application or, upon denial and upon written request made by the applicant within thirty (30) days of such denial, shall afford the applicant with the procedures set forth in subsections (3) through (9) of this section. If the applicant does not execute the written authorization discussed herein, reapplication may be made once all investigations have been completed and all conditions have been satisfied, resulting in a clear certificate from the issuing state or province.

(11) For the purposes of this section, the term "teacher" shall include any individual required to hold a certificate pursuant to section 33-1201, Idaho Code.

History:

[33-1209, added 1989, ch. 122, sec. 2, p. 269; am. 1992, ch. 159, sec. 1, p. 514; am. 1993, ch. 216, sec. 16, p. 597; am. 1995, ch. 235, sec. 1, p. 794; am. 2004, ch. 221, sec. 1, p. 659; am. 2011, ch. 246, sec. 2, p. 664; am. 2012, ch. 210, sec. 1, p. 565; am. 2020, ch. 264, sec. 3, p. 768; am. 2026, ch. 50, sec. 1, p. 235.]
Idaho Code § 33-6706 — Idaho Code / Title 33 / Chapter 67 / Section 33-6706
33-6706 CIVIL CAUSE OF ACTION.
Status: in_force

33-6706. civil cause of action. (1) Any student who, while accessing a public school restroom, changing facility, or sleeping quarters designated for use by the student's sex, encounters a person of the opposite sex has a private cause of action against the school if:

(a) The school gave that person permission to use facilities of the opposite sex; or

(b) The school failed to take reasonable steps to prohibit that person from using facilities of the opposite sex.

(2) Any civil action arising under this chapter must be commenced within four (4) years after the cause of action has occurred.

(3) Any student who prevails in an action brought under this chapter may recover from the defendant public school five thousand dollars ($5,000) for each instance that the student encountered a person of the opposite sex while accessing a public school restroom, changing facility, or sleeping quarters designated for use by aggrieved student's sex. The student may also recover monetary damages from the defendant public school for all psychological, emotional, and physical harm suffered.

(4) Any student who prevails in action brought under this chapter is entitled to recover reasonable attorney's fees and costs from the defendant public school.

(5) Nothing in this chapter limits other remedies at law or equity available to the aggrieved student against the school.

History:

[(33-6706) 33-6606, added 2023, ch. 120, sec. 1, p. 345; am. and redesig. 2024, ch. 16, sec. 12, p. 147.]
Idaho Code § 33-1002 — Idaho Code / Title 33 / Chapter 10 / Section 33-1002
33-1002 EDUCATIONAL SUPPORT PROGRAM.
Status: in_force

33-1002. Educational support program. The educational support program is calculated as follows:

(1) State Educational Support Funds. Add the state appropriation, including the moneys available in the public school income fund, together with all miscellaneous revenues to determine the total state funds.

(2) From the total state funds subtract the following amounts needed for state support of special programs provided by a school district:

(a) Pupil tuition-equivalency allowances as provided in section 33-1002B, Idaho Code;

(b) Transportation support program as provided in section 33-1006, Idaho Code;

(c) Feasibility studies allowance as provided in section 33-1007A, Idaho Code;

(d) The approved costs for border district allowance, provided in section 33-1403, Idaho Code, as determined by the state superintendent of public instruction;

(e) The approved costs for exceptional child approved contract allowance, provided in subsection 2. of section 33-2004, Idaho Code, as determined by the state superintendent of public instruction;

(f) Salary-based apportionment calculated as provided in sections 33-1004 through 33-1004F, Idaho Code;

(g) Unemployment insurance benefit payments according to the provisions of section 72-1349A, Idaho Code;

(h) For expenditure as provided by the public school technology program;

(i) For employee severance payments as provided in section 33-521, Idaho Code;

(j) For distributions to the Idaho digital learning academy as provided in section 33-1020, Idaho Code;

(k) For charter school facilities funds and reimbursements paid pursuant to section 33-5207, Idaho Code;

(l) For an online course portal as provided for in section 33-1024, Idaho Code;

(m) For advanced opportunities as provided for in chapter 46, title 33, Idaho Code;

(n) For additional math and science courses for high school students as provided in section 33-1021, Idaho Code;

(o) For master teacher premiums as provided in section 33-1004I, Idaho Code;

(p) For the support of provisions that provide a safe environment conducive to student learning and maintain classroom discipline, an allocation of three hundred dollars ($300) per support unit;

(q) An amount specified in the appropriation bill for the public schools educational support program for counseling support as provided for in section 33-1212A, Idaho Code, shall be distributed for grades 8 through 12 as follows:

(i) For school districts and public charter schools with one hundred (100) or more students enrolled in grades 8 through 12, a pro rata distribution based on students enrolled in grades 8 through 12 or eighteen thousand dollars ($18,000), whichever is greater;

(ii) For school districts and public charter schools with fewer than one hundred (100) students enrolled in grades 8 through 12, one hundred eighty dollars ($180) per student enrolled in grades 8 through 12 or nine thousand dollars ($9,000), whichever is greater;

(r) An amount specified in the public schools educational support program appropriation bill for literacy intervention. The disbursements made to the school districts and public charter schools shall be calculated as follows:

(i) Fifty percent (50%) based on average full-time equivalent enrollment of students in kindergarten through grade 3 as of the first Friday in November;

(ii) Fifty percent (50%) based on the number of kindergarten through grade 3 students who move a full level or who are proficient from the spring-to-spring administration of the statewide reading assessment in the prior fiscal year or, if there is not a prior spring assessment for the student, from fall to spring; and

(iii) Funds will be distributed to the school district or public charter school where the student is enrolled and takes the statewide reading assessment. Any school district or public charter school that has greater than one (1) but fewer than five (5) students in kindergarten through grade 3 will receive a minimum of two thousand dollars ($2,000). Economically disadvantaged students shall count as one and three quarters (1.75) students for the purpose of calculating the distribution of the funds in subparagraph (ii) of this paragraph.

(s) For mastery-based education as provided for in section 33-1632, Idaho Code; and

(t) Any additional amounts as required by statute to effect administrative adjustments or as specifically required by the provisions of any bill of appropriation;

to secure the total educational support distribution funds.

(3) Average Daily Attendance. The total state average daily attendance shall be the sum of the average daily attendance of all of the school districts of the state. The state board of education shall establish rules setting forth the procedure to determine average daily attendance and the time for, and method of, submission of such report. Average daily attendance calculation shall be carried out to the nearest hundredth. Computation of average daily attendance shall also be governed by the provisions of section 33-1003A, Idaho Code.

(4) Support Units. The total state support units shall be determined by using the tables set out hereafter called computation of kindergarten support units, computation of elementary support units, computation of secondary support units, computation of exceptional education support units, and computation of alternative school support units. The sum of all of the total support units of all school districts of the state shall be the total state support units.

COMPUTATION OF KINDERGARTEN SUPPORT UNITS

Average Daily Attendance Attendance Divisor Units Allowed 41 or more…. 40…………………. 1 or more as computed 31 – 40.99 ADA…. -………………….. 1 26 – 30.99 ADA…. -………………….. .85 21 – 25.99 ADA…. -………………….. .75 16 – 20.99 ADA…. -………………….. .6 8 – 15.99 ADA…. -………………….. .5 1 – 7.99 ADA…. -………………….. count as elementary

COMPUTATION OF ELEMENTARY SUPPORT UNITS

Average Daily Minimum Units Attendance Attendance Divisor Allowed 300 or more ADA……. …………………………. .. 15 ..23…grades 4,5 & 6…. ..22…grades 1,2 & 3….1994-95 ..21…grades 1,2 & 3….1995-96 ..20…grades 1,2 & 3….1996-97 and each year thereafter. 160 to 299.99 ADA… 20 8.4 110 to 159.99 ADA… 19 6.8 71.1 to 109.99 ADA… 16 4.7 51.7 to 71.0 ADA… 15 4.0 33.6 to 51.6 ADA… 13 2.8 16.6 to 33.5 ADA… 12 1.4 1.0 to 16.5 ADA… n/a 1.0

COMPUTATION OF SECONDARY SUPPORT UNITS

Average Daily Minimum Units Attendance Attendance Divisor Allowed 750 or more…. 18.5 47 400 – 749.99 ADA…. 16 28 300 – 399.99 ADA…. 14.5 22 200 – 299.99 ADA…. 13.5 17 100 – 199.99 ADA…. 12 9 99.99 or fewer Units allowed as follows: Grades 7 – 12 . 8 Grades 9 – 12 . 6 Grades 7 – 9 . 1 per 14 ADA Grades 7 – 8 . 1 per 16 ADA

COMPUTATION OF EXCEPTIONAL EDUCATION SUPPORT UNITS

Average Daily Minimum Units Attendance Attendance Divisor Allowed 14 or more…. 14.5 1 or more as computed 12 – 13.99…. – 1 8 – 11.99…. – .75 4 – 7.99…. – .5 1 – 3.99…. – .25

COMPUTATION OF ALTERNATIVE SCHOOL SUPPORT UNITS

(Computation of alternative school support units shall include

grades 6 through 12)

Pupils in Attendance Attendance Divisor Minimum Units Allowed 12 or more………. 12 1 or more as computed

In applying these tables to any given separate attendance unit, no school district shall receive less total money than it would receive if it had a lesser average daily attendance in such separate attendance unit. In applying the kindergarten table to a kindergarten program of fewer days than a full school year, the support unit allowance shall be in ratio to the number of days of a full school year. The attendance of students attending an alternative school in a school district reporting fewer than one hundred (100) secondary students in average daily attendance shall not be assigned to the alternative table if the student is from a school district reporting fewer than one hundred (100) secondary students in average daily attendance, but shall instead be assigned to the secondary table of the school district in which they are attending the alternative school, unless the alternative school in question serves students from multiple districts reporting fewer than one hundred (100) secondary students in average daily attendance. The tables for exceptional education and alternative school support units shall be applicable only for programs approved by the state department of education following rules established by the state board of education. Moneys generated from computation of support units for alternative schools shall be utilized for alternative school programs. School district administrative and facility costs may be included as part of the alternative school expenditures.

(5) State Distribution Factor per Support Unit. Divide educational support program distribution funds, after subtracting the amounts necessary to pay the obligations specified in subsection (2) of this section, by the total state support units to secure the state distribution factor per support unit.

(6) District Support Units. The number of support units for each school district in the state shall be determined as follows:

(a)(i) Divide the actual average daily attendance, excluding students approved for inclusion in the exceptional child educational program for the administrative schools and each of the separate schools and attendance units, by the appropriate divisor from the tables of support units in this section, then add the quotients to obtain the district's support units allowance for regular students, kindergarten through grade 12 including alternative school students. Calculations in application of this subsection shall be carried out to the nearest hundredth.

(ii) Divide the combined totals of the average daily attendance of all preschool, kindergarten, elementary, secondary, juvenile detention center students and students with disabilities approved for inclusion in the exceptional child program of the district by the appropriate divisor from the table for computation of exceptional education support units to obtain the number of support units allowed for the district's approved exceptional child program. Calculations for this subsection shall be carried out to the nearest hundredth when more than one (1) unit is allowed.

(iii) The total number of support units of the district shall be the sum of the total support units for regular students, subparagraph (i) of this paragraph, and the support units allowance for the approved exceptional child program, subparagraph (ii) of this paragraph.

(b) Total District Allowance Educational Program. Multiply the district's total number of support units, carried out to the nearest hundredth, by the state distribution factor per support unit and to this product add the approved amount of programs of the district provided in subsection (2) of this section to secure the district's total allowance for the educational support program.

(c) District Share. The district's share of state apportionment is the amount of the total district allowance, paragraph (b) of this subsection.

(d) Adjustment of District Share. The contract salary of every noncertificated teacher shall be subtracted from the district's share as calculated from the provisions of paragraph (c) of this subsection.

(7) Property Tax Computation Ratio. In order to receive state funds pursuant to this section, a charter district shall utilize a school maintenance and operation property tax computation ratio for the purpose of calculating its maintenance and operation levy that is no greater than that which it utilized in tax year 1994, less four-tenths of one percent (.4%). As used herein, the term "property tax computation ratio" shall mean a ratio determined by dividing the district's certified property tax maintenance and operation budget by the actual or adjusted market value for assessment purposes as such values existed on December 31, 1993. Such maintenance and operation levy shall be based on the property tax computation ratio multiplied by the actual or adjusted market value for assessment purposes as such values existed on December 31 of the prior calendar year.

History:

[33-1002, added 1995, ch. 306, sec. 4, p. 1058; am. 1995, ch. 306, sec. 5, p. 1062; am. 1996, ch. 146, sec. 1, p. 478; am. 1996, ch. 322, sec. 23, p. 1049; am. 1996, ch. 408, sec. 1, p. 1350; am. 1998, ch. 1, sec. 103, p. 93; am. 1999, ch. 329, sec. 30, p. 870; am. 2000, ch. 266, sec. 2, p. 745; am. 2003, ch. 299, sec. 4, p. 819; am. 2003, ch. 372, sec. 9, p. 988; am. 2005, ch. 257, sec. 8, p. 789; am. 2006, ch. 418, sec. 7, p. 1291; am. 2006, 1st Ex. Sess., ch. 1, sec. 8, p. 47; am. 2007, ch. 79, sec. 5, p. 212; am. 2007, ch. 353, sec. 11, p. 1045; am. 2008, ch. 27, sec. 8, p. 46; am. 2010, ch. 235, sec. 13, p. 551; am. 2013, ch. 98, sec. 1, p. 236; am. 2013, ch. 154, sec. 1, p. 360; am. 2013, ch. 294, sec. 1, p. 776; am. 2013, ch. 338, sec. 1, p. 877; am. 2013, ch. 338, sec. 2, p. 880; am. 2013, ch. 340, sec. 1, p. 890; am. 2013, ch. 342, sec. 1, p. 900; am. 2014, ch. 83, sec. 2, p. 228; am. 2014, ch. 253, sec. 1, p. 640; am. 2015, ch. 58, sec. 5, p. 156; am. 2015, ch. 68, sec. 2, p. 183; am. 2015, ch. 229, sec. 2, p. 703; am. 2015, ch. 302, sec. 1, p. 1182; am. 2015, ch. 314, sec. 1, p. 1226; am. 2016, ch. 166, sec. 7, p. 453; am. 2016, ch. 166, sec. 8, p. 457; am. 2016, ch. 186, sec. 1, p. 498; am. 2016, ch. 186, sec. 2, p. 503; am. 2016, ch. 351, sec. 1, p. 1029; am. 2016, ch. 351, sec. 2, p. 1033; am. 2016, ch. 374, sec. 4, p. 1093; am. 2016, ch. 374, sec. 5, p. 1097; am. 2017, ch. 45, sec. 2, p. 66; am. 2017, ch. 45, sec. 3, p. 70; am. 2017, ch. 145, sec. 2, p. 343; am. 2017, ch. 145, sec. 3, p. 347; am. 2017, ch. 270, sec. 2, p. 668; am. 2017, ch. 270, sec. 3, p. 672; am. 2018, ch. 169, sec. 3, p. 346; am. 2018, ch. 262, sec. 2, p. 620; am. 2018, ch. 262, sec. 3, p. 624; am. 2021, ch. 292, sec. 6, p. 880; am. 2021, ch. 321, sec. 15, p. 955; am. 2022, ch. 3, sec. 2, p. 7; am. 2022, ch. 235, sec. 1, p. 758; am. 2024, ch. 9, sec. 41, p. 81; am. 2026, ch. 35, sec. 14, p. 153.]
Idaho Code § 33-3710 — Idaho Code / Title 33 / Chapter 37 / Section 33-3710
33-3710 UNIFORM SYSTEM OF ACCOUNTING FOR DINING HALL FUNDS.
Status: in_force

33-3710. Uniform system of accounting for dining hall funds. The state board of education in its capacities as trustees of the several educational institutions, shall, by provisions uniform in all such institutions, establish such system of accounting, expenditure and reimbursement of such revolving fund as may be appropriate and as may be ordered by the state controller.

History:

[33-3710, added 1943, ch. 3, sec. 7, p. 4; am. 1994, ch. 180, sec. 52, p. 461.]
Idaho Code § 33-521 — Idaho Code / Title 33 / Chapter 5 / Section 33-521
33-521 EMPLOYEE SEVERANCE IN CONSOLIDATED DISTRICT.
Status: in_force

33-521. Employee severance in consolidated district. The board of trustees of any school district newly formed within the last twelve (12) months through the consolidation of two (2) or more school districts may offer a one (1) time severance payment to a maximum of ten percent (10%) of the employees that were previously employed by the separate school districts. Such severance offers shall be made entirely at the discretion of the board of trustees, and shall not be bound by custom, seniority or contractual commitment. Employees are under no obligation to accept a severance offer. Any employee accepting a severance payment shall not be eligible for reemployment by the school district for a one (1) year period thereafter.

The severance payment shall consist of fifty-five percent (55%) of the salary-based apportionment funds allocated for the employee in the last year, plus any applicable state paid employee benefits. Such severance shall be reduced by one-half (1/2) for any employee who is simultaneously receiving a disbursement of early retirement incentive funds. The state department of education shall reimburse eligible school districts for one hundred percent (100%) of such costs, upon application by the school district.

History:

[33-521, added 2007, ch. 79, sec. 3, p. 210; am. 2019, ch. 161, sec. 2, p. 526.]