Idaho Code § 33-2124 — Idaho Code / Title 33 / Chapter 21 / Section 33-2124
33-2124 PLANNING, ZONING AND BUILDING LAWS.
Status: in_force

33-2124. Planning, zoning and building laws. All dormitory housing projects of a commission shall be subject to the planning, zoning, sanitary and buildings laws, ordinances and regulations applicable to the locality in which the dormitory is situated. In the planning and location of any dormitory the commission shall take into consideration the general plan of the junior college campus and shall confer and cooperate with the board of trustees so that such dormitory, both in architecture and location, shall comply with the plan of development of said junior college.

History:

[33-2124, added 1957, ch. 87, sec. 9, p. 137.]
Idaho Code § 33-1004F — Idaho Code / Title 33 / Chapter 10 / Section 33-1004F
33-1004F OBLIGATIONS TO RETIREMENT AND SOCIAL SECURITY BENEFITS.
Status: in_force

33-1004F. Obligations to retirement and social security benefits. Based upon the actual salary-based apportionment, as determined in section 33-1004E, Idaho Code, and the master educator premiums distributed pursuant to section 33-1004I, Idaho Code, there shall be allocated that amount required to meet the employer's obligations to the public employee retirement system and to social security.

History:

[33-1004F, added 1994, ch. 428, sec. 10, p. 1378; am. 2013, ch. 338, sec. 3, p. 884; am. 2013, ch. 338, sec. 4, p. 884; am. 2014, ch. 83, sec. 4, p. 232; am. 2015, ch. 229, sec. 9, p. 716; am. 2017, ch. 92, sec. 2, p. 241; am. 2022, ch. 3, sec. 5, p. 15.]
Idaho Code § 33-3729 — Idaho Code / Title 33 / Chapter 37 / Section 33-3729
33-3729 TRANSFER OF CREDITS.
Status: in_force

33-3729. transfer of credits. (1) Any student who completes the requirements for the associate of arts or associate of science degree at a postsecondary institution accredited by a regional accrediting body recognized by the state board of education will be considered as satisfying the general education requirements, as defined by the state board of education, upon transfer to a public postsecondary institution in Idaho and will not be required to complete any additional general education requirements.

(2) A student who has completed the general education framework as defined by the state board of education, without an associate of arts or associate of science degree, and transfers from a postsecondary institution in Idaho accredited by a regional accrediting body recognized by the state board of education will not be required to complete additional general education requirements at the receiving Idaho public postsecondary institution.

(3) If a student who has completed a general education course or general education courses but has not completed the entire general education framework; or has not earned an associate of arts or associate of science degree from a postsecondary institution in Idaho accredited by a regional accrediting body recognized by the state board of education; or has earned an associate of applied science degree from a postsecondary institution in Idaho accredited by a regional accrediting body recognized by the state board of education; and transfers to a public postsecondary institution, those general education course credits will be applied towards the associated general education course requirements at the receiving public postsecondary institution.

(4) Any student who completes an associate of applied science degree at a postsecondary institution in Idaho accredited by a regional accrediting body recognized by the state board of education and meets the receiving institution's criteria for admission may pursue an interdisciplinary bachelor of applied science or a bachelor of applied technology degree focused on upper-level academic coursework at any Idaho public postsecondary institution that has such degree programs available.

(5) Receiving institutions must notify students in writing of all initial credit transfer decisions. Whenever a receiving institution makes an initial credit transfer decision that results in credits not being transferred in a manner that moves the student toward certificate or degree completion or in the manner requested by a student or applicant, the receiving institution must provide a written explanation of the credit transfer decision to the student or applicant specifying why the credits were not eligible for transfer or were not credited toward certificate or degree progress and the policies and procedures available to the student to request reconsideration of the initial credit transfer decision. Written explanations may be provided in an electronic format. Institutions shall report annually to the state board of education the number of credits that were requested to be transferred, the number of credits transferred, the number of credits that were not applied toward certificate or degree progress, including those credits that transferred as electives over the amount needed for certificate or degree progress, and such other information requested by the state board of education.

(6) No Idaho public postsecondary institution shall discriminate against any student or applicant for admission due to the number of credits that the student may be able to transfer, or has transferred, to the public college or university pursuant to this section, any other provision of law, or any rule, policy, guideline or practice of the state board of education or the public postsecondary institution.

(7) Nothing in this section shall be deemed to:

(a) Invalidate any requirement that a student earn a specified number of credits at an Idaho public college or university in order to receive a degree from the institution;

(b) Require any Idaho public postsecondary institution to grant a student a degree within a specified period of time; or

(c) Amend the provisions of section 33-2205(4), Idaho Code, or expand the rights of career technical education students or applicants with respect to the transfer of credits from one (1) institution to another.

(8) All public postsecondary institutions are responsible for working to facilitate the effective and efficient transfer of students between Idaho public postsecondary institutions. Institutions shall publish the current curriculum equivalencies of all courses on the state board of education transfer web portal.

History:

[(33-3729) 33-3728, added 2018, ch. 96, sec. 3, p. 205; am. and redesig. 2019, ch. 161, sec. 4, p. 528.]
Idaho Code § 33-2807 — Idaho Code / Title 33 / Chapter 28 / Section 33-2807
33-2807 ERECTION OF BUILDINGS.
Status: in_force

33-2807. Erection of buildings. The board of regents are authorized to expend such portion of the income of the university fund as they may deem expedient for the erection of suitable buildings and the purchase of apparatus, a library, cabinets and additions thereto.

History:

[(33-2807) R.C., sec. 491; reen. C.L., sec. 491; C.S., sec. 1062; I.C.A., sec. 32-2307.]
Idaho Code § 33-5003 — Idaho Code / Title 33 / Chapter 50 / Section 33-5003
33-5003 STANDARD OF CONDUCT IN MANAGING AND INVESTING INSTITUTIONAL FUND.
Status: in_force

33-5003. Standard of conduct in managing and investing institutional fund. (1) Subject to the intent of a donor expressed in a gift instrument, an institution, in managing and investing an institutional fund, shall consider the charitable purposes of the institution and the purposes of the institutional fund.

(2) In addition to complying with the duty of loyalty imposed by law other than this chapter, each person responsible for managing and investing an institutional fund shall manage and invest the fund in good faith and with the care an ordinarily prudent person in a like position would exercise under similar circumstances.

(3) In managing and investing an institutional fund, an institution:

(a) May incur only costs that are appropriate and reasonable in relation to the assets, the purposes of the institution, and the skills available to the institution; and

(b) Shall make a reasonable effort to verify facts relevant to the management and investment of the fund.

(4) An institution may pool two (2) or more institutional funds for purposes of management and investment.

(5) Except as otherwise provided by a gift instrument, the following rules apply:

(a) In managing and investing an institutional fund, the following factors, if relevant, must be considered:

(i) General economic conditions;

(ii) The possible effect of inflation or deflation;

(iii) The expected tax consequences, if any, of investment decisions or strategies;

(iv) The role that each investment or course of action plays within the overall investment portfolio of the fund;

(v) The expected total return from income and the appreciation of investments;

(vi) Other resources of the institution;

(vii) The needs of the institution and the fund to make distributions and to preserve capital; and

(viii) An asset's special relationship or special value, if any, to the charitable purposes of the institution.

(b) Management and investment decisions about an individual asset must be made not in isolation but rather in the context of the institutional fund's portfolio of investments as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the fund and to the institution.

(c) Except as otherwise provided by law other than this chapter, an institution may invest in any kind of property or type of investment consistent with this section.

(d) An institution shall diversify the investments of an institutional fund unless the institution reasonably determines that, because of special circumstances, the purposes of the fund are better served without diversification.

(e) Within a reasonable time after receiving property, an institution shall make and carry out decisions concerning the retention or disposition of the property or to rebalance a portfolio, in order to bring the institutional fund into compliance with the purposes, terms and distribution requirements of the institution or necessary to meet other circumstances of the institution and the requirements of this chapter.

(f) A person that has special skills or expertise, or is selected in reliance upon the person's representation that the person has special skills or expertise, has a duty to use those skills or that expertise in managing and investing institutional funds.

History:

[33-5003, added 2007, ch. 173, sec. 2, p. 513.]
Idaho Code § 33-5407 — Idaho Code / Title 33 / Chapter 54 / Section 33-5407
33-5407 LIMITATIONS OF CHAPTER.
Status: in_force

33-5407. Limitations of chapter. (1) Nothing in this chapter shall be construed to:

(a) Give any designated beneficiary any rights or legal interest with respect to an account unless the designated beneficiary is the account owner;

(b) Guarantee that a designated beneficiary will be admitted to an eligible education institution or be allowed to continue enrollment at or graduate from an eligible education institution located in this state after admission;

(c) Establish state residency for a person merely because the person is a designated beneficiary;

(d) Guarantee that amounts saved pursuant to the program will be sufficient to cover the qualified higher education expenses of a designated beneficiary.

(2) Nothing in this chapter establishes any obligation of this state or any agency or instrumentality of this state to guarantee for the benefit of any account owner, contributor to an account or designated beneficiary any of the following:

(a) The return of any amounts contributed to an account;

(b) The rate of interest or other return on any account;

(c) The payment of interest or other return on any account;

(d) Tuition rates or the cost of related higher education expenditures.

(3) Under policies adopted by the board, every contract, application, deposit slip or other similar document that may be used in connection with a contribution to an account shall clearly indicate that the account is not insured by this state and neither the principal deposited nor the investment return is guaranteed by this state.

History:

[33-5407, added 2000, ch. 213, sec. 1, p. 580; am. 2008, ch. 275, sec. 4, p. 787.]
Idaho Code § 33-3114 — Idaho Code / Title 33 / Chapter 31 / Section 33-3114
33-3114 TRANSFER AND CONTROL OF FUNDS.
Status: in_force

33-3114. Transfer and control of funds. All of the funds and money in the dormitory fund and dining fund, including any revolving fund, of the Lewis-Clark Normal School, as the same is authorized by sections 33-3701—33-3711, Idaho Code, and all of the unexpended funds hereto allocated and appropriated to the Lewis-Clark Normal School for the purposes specified therein, and all of the educational or other endowment funds, holdings, rights, privileges and immunities of the Lewiston Normal School, the Northern Idaho College of Education, and the Lewis-Clark Normal School, and any allocations or appropriations from the normal school fund, as provided by section 33-3302, Idaho Code, are hereby transferred to, vested in and continued in the Lewis-Clark State College and placed under the control of its board of trustees, and appropriated for expenditure by it and shall be paid out by the state treasurer in the manner provided by the constitution and laws of the state of Idaho. All of the property, real and personal, and all of the obligations, legal and moral, of the Lewiston Normal School, the Northern Idaho College of Education, and of the Lewis-Clark Normal School, are hereby vested in, or shall become the obligations of, the Lewis-Clark State College.

History:

[33-3114, added 1947, ch. 99, sec. 11, p. 182; am. 1971, ch. 44, sec. 8, p. 92.]
Idaho Code § 33-2739 — Idaho Code / Title 33 / Chapter 27 / Section 33-2739
33-2739 SCHOOL-COMMUNITY LIBRARY DISTRICTS — BOARD OF TRUSTEES — POWERS AND DUTIES — FISCAL YEAR.
Status: in_force

33-2739. School-community library districts — Board of trustees — Powers and duties — Fiscal year. (1) The board of trustees of the school-community library district shall perform the duties required of, and have the power and authority granted to library district trustees pursuant to this chapter, including the authority to levy upon the taxable property in the school-community library district an annual tax not to exceed six hundredths percent (.06%) of market value for assessment purposes for establishing and maintaining public library services. The school-community library district board shall have exclusive control of the school-community library district fund and shall cause to be made a full and complete audit of the books and accounts of the district as provided for in section 33-2726, Idaho Code.

(2) On and after fiscal year 1995, school-community library districts shall have a fiscal year of October 1 through September 30.

History:

[33-2739, added 1992, ch. 275, sec. 2, p. 849; am. 1993, ch. 316, sec. 1, p. 1171; am. 2009, ch. 11, sec. 8, p. 20.]
Idaho Code § 33-102A — Idaho Code / Title 33 / Chapter 1 / Section 33-102A
33-102A OFFICE OF THE STATE BOARD — EXECUTIVE OFFICER — APPOINTMENT — COMPENSATION — DUTIES AND POWERS.
Status: in_force

33-102A. Office of the state board — Executive officer — Appointment — Compensation — Duties and powers. (1) There is hereby created as an executive agency of the state board of education the office of the state board of education. The governor is hereby authorized to appoint an executive officer of the state board, with the advice and consent of the senate, who shall serve at the pleasure of the governor and shall receive such salary as fixed by the governor.

(2) The executive officer shall, under the direction of the state board, have such duties and powers as prescribed by the said board of regents and the state board of education, not otherwise assigned by law.

(3) The executive officer shall, together with the president of the state board of education, submit an annual report to the legislature no later than January 15 of each year, detailing the uses and impact of the school modernization facilities fund.

History:

[33-102A, added 1965, ch. 253, sec. 2, p. 637; am. 1972, ch. 85, sec. 2, p. 172; am. 1974, ch. 10, sec. 3, p. 49; am. 1993, ch. 404, sec. 3, p. 1472; am. 1996, ch. 217, sec. 1, p. 717; am. 2011, ch. 222, sec. 1, p. 609; am. 2024, ch. 237, sec. 5, p. 827; am. 2024, ch. 302, sec. 1, p. 1012.]
Idaho Code § 33-527 — Idaho Code / Title 33 / Chapter 5 / Section 33-527
33-527 MILITARY LEAVE.
Status: in_force

33-527. Military Leave. (1) Any Idaho public school district or public charter school employee who is a member of the militia of this state or any other state, and who is ordered to active duty, training, or other duty by the governor, the adjutant general, or other lawful authority, shall be entitled to the same benefits and protections given to persons in the uniformed services as provided in 38 U.S.C. 4301-4313 and 4316-4319.

(2) Any Idaho public school district or public charter school employee who is a member of the uniformed services as that term is defined in 38 U.S.C. 4303, the reserve components, or the militia of this state or any other state, and who is ordered to active duty, training, or other performance of duty requiring absence from work shall be entitled to a minimum of ten (10) contract days of paid military leave each school year. Military leave shall be authorized when the employee submits a copy of the orders or other official documentation from the appropriate military authority that indicate the dates of voluntary or involuntary service.

(3) Any Idaho public school district or public charter school employee with available annual or vacation leave is entitled to use the leave for compensation during a term of military service.

(4) Any Idaho public school district or public charter school may establish an employment right or benefit that is more beneficial than, or is in addition to, a right or benefit provided under this section.

History:

[33-527, added 2024, ch. 50, sec. 1, p. 259.]
Idaho Code § 33-2902 — Idaho Code / Title 33 / Chapter 29 / Section 33-2902
33-2902 ASSENT TO HATCH ACT.
Status: in_force

33-2902. Assent to Hatch act. The assent of the legislature of the state of Idaho is hereby given to all the provisions of an act of Congress, approved March 2, 1887, entitled, "An act to establish agricultural experimental stations in connection with the colleges established in the several states under the provisions of an act approved July 2, 1862, and the acts supplemental thereto," and the acts amendatory thereof and supplementary thereto.

History:

[(33-2902) 1890-1891, p. 16, sec. 1; reen. 1899, p. 9, sec. 1; reen. R.C., sec. 29, second part; compiled and reen. C.L. 40:2; C.S., sec. 1071; I.C.A., sec. 32-2402.]
Idaho Code § 33-133 — Idaho Code / Title 33 / Chapter 1 / Section 33-133
33-133 DEFINITIONS — STUDENT DATA — USE AND LIMITATIONS — PENALTIES.
Status: in_force

33-133. definitions — STUDENT DATA — use and limitations — penalties. (1) As used in this act, the following terms shall have the following meanings:

(a) "Agency" means each state board, commission, department, office or institution, educational or otherwise, of the state of Idaho. State agency shall also mean any city, county, district or other political subdivision of the state.

(b) "Aggregate data" means data collected and/or reported at the group, cohort or institutional level. Aggregate data shall not include personally identifiable information. The minimum number of students shall be determined by the state board of education.

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

(d) "Data system" means the state's elementary, secondary and postsecondary longitudinal data systems.

(e) "Department" means the state department of education.

(f) "District" or "school district" means an Idaho public school district and shall also include Idaho public charter schools.

(g) "Parent" means parent, parents, legal guardian or legal guardians.

(h) "Personally identifiable data," "personally identifiable student data" or "personally identifiable information" includes, but is not limited to: the student's name; the name of the student's parent or other family members; the address of the student or student's family; a personal identifier, such as the student's social security number, student education unique identification number or biometric record; other indirect identifiers, such as the student's date of birth, place of birth and mother's maiden name; and other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty or information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

(i) "Provisional student data" means new student data proposed for inclusion in the data system.

(j) "Student data" means data collected and/or reported at the individual student level included in a student's educational record.

(i) "Student data" includes: (1) state and national assessment results, including information on untested public school students; (2) course taking and completion, credits earned and other transcript information; (3) course grades and grade point average; (4) date of birth, grade level and expected graduation date/graduation cohort; (5) degree, diploma, credential attainment and other school exit information such as general educational development and drop-out data; (6) attendance and mobility; (7) data required to calculate the federal four (4) year adjusted secondary cohort graduation rate, including sufficient exit information; (8) discipline reports limited to objective information sufficient to produce the federal annual incident reports, children with disabilities disciplinary reports and discipline reports including students involved with firearms; (9) remediation; (10) special education data; (11) demographic data and program participation information; and (12) files, documents, images or data containing a student's educational record that are stored in or transmitted through a cloud computing service.

(ii) A student's educational record shall not include: (1) juvenile delinquency records and criminal records unless required in paragraph (k) of this subsection; (2) medical and health records; (3) student social security number; (4) student biometric information; (5) gun ownership records; (6) sexual orientation; (7) religious affiliation; (8) except for special needs and exceptional students, any data collected pursuant to a statewide assessment via affective computing, including analysis of facial expressions, EEG brain wave patterns, skin conductance, galvanic skin response, heart rate variability, pulse, blood volume, posture and eye tracking, any data that measures psychological resources, mind sets, effortful control, attributes, dispositions, social skills, attitudes or intrapersonal resources.

(k) "Student educational record" means all information directly related to a student and recorded and kept in the data system as that term is defined in this section. Provided however, that the following shall not be kept as part of a student's permanent educational record: daily assignments, homework, reports, chapter tests or similar assessments or other schoolwork that may be considered daily or weekly work. A student educational record may include information considered to be personally identifiable.

(l) "Student education unique identification number" means the unique student identifier assigned by the state to each student that shall not be or include the social security number of a student in whole or in part.

(m) "Violation" means an act contrary to the provisions of this section that materially compromises the security, confidentiality or integrity of personally identifiable data of one (1) or more students and that results in the unauthorized release or disclosure of such data.

(2) Unless otherwise provided for in this act, the executive office of the state board of education shall be the entity responsible for implementing the provisions of this act. All decisions relating to the collection and safeguarding of student data shall be the responsibility of the executive office of the state board of education.

(3) The state board of education shall:

(a) Create, publish and make publicly available a data inventory and dictionary or index of data elements with definitions of individual student data fields currently in the student data system including:

(i) Any individual student data required to be reported by state and federal education mandates;

(ii) Any individual student data that has been proposed for inclusion in the student data system with a statement regarding the purpose or reason for the proposed collection; and

(iii) Any individual student data collected or maintained with no current purpose or reason.

No less frequently than annually, the state board of education shall update the data inventory and index of data elements provided for in this subsection.

(b) Develop, publish and make publicly available policies and procedures to comply with the federal family educational rights and privacy act (FERPA) and other relevant privacy laws and policies including, but not limited to the following:

(i) Access to student data in the student data system shall be restricted to: (1) the authorized staff of the state board of education and the state department of education and the board's and the department's vendors who require such access to perform their assigned duties; (2) the district and the district's private vendors who require access to perform their assigned duties and public postsecondary staff who require such access to perform their assigned duties; (3) students and their parents or legal guardians; and (4) the authorized staff of other state agencies in this state as required by law and/or defined by interagency data-sharing agreements. All such data-sharing agreements shall be summarized in a report compiled by the state board of education and submitted no later than January 15 of each year to the senate education committee and the house of representatives education committee;

(ii) Provide that public reports or responses to record requests shall include aggregate data only as that term is defined in subsection (1) of this section;

(iii) Develop criteria for the approval of research and data requests from state and local agencies, the state legislature, researchers and the public: (1) unless otherwise approved by the state board of education, student data maintained shall remain confidential; (2) unless otherwise approved by the state board of education, released student data in response to research and data requests may include only aggregate data; and (3) any approval of the board to release personally identifiable student data shall be subject to legislative approval prior to the release of such information;

(iv) Ensure that any contract entered into by the state board of education or the state department of education includes provisions requiring and governing data destruction dates and specific restrictions on the use of data;

(v) Provide for notification to students and parents regarding their rights under federal and state law; and

(vi) Ensure that all school districts, primary schools, secondary schools and other similar institutions entering into contracts that govern databases, online services, assessments, special education or instructional supports with private vendors shall include in each such contract a provision that private vendors are permitted to use aggregated data; or an individual student's data for secondary uses, but only if the vendor discloses in clear detail the secondary uses and receives written permission from the student's parent or legal guardian. The contract shall also include either of the following: (1) a prohibition on any secondary uses of student data by the private vendor including, but not limited to, sales, marketing or advertising, but permitting the private vendor to process or monitor such data solely to provide and maintain the integrity of the service; or (2) a requirement that the private vendor disclose in detail any secondary uses of student data including, but not limited to, sales, marketing or advertising, and the board shall obtain express parental consent for those secondary uses prior to deployment of the private vendor's services under the contract.

The state board of education and the state department of education shall ensure that any and all private vendors employed or otherwise engaged by the board or the department shall comply with the provisions of this section. Any person determined, in either a civil enforcement action initiated by the board or initiated by the department or in a court action initiated by an injured party, to have violated a provision of this section or any rule promulgated pursuant to this section shall be liable for a civil penalty not to exceed fifty thousand dollars ($50,000) per violation. In the case of an unauthorized release of student data, the state board of education or the state department of education shall notify the parent or student of the unauthorized release of student data that includes personally identifiable information in a manner consistent with the provisions of section 28-51-105, Idaho Code.

(c) Unless otherwise approved by the state board of education, any data deemed confidential pursuant to this act shall not be transferred to any federal, state or local agency or other organization or entity outside of the state of Idaho, with the following exceptions:

(i) A student transfers out of state or a school or district seeks help with locating an out-of-state transfer;

(ii) A student leaves the state to attend an out-of-state institution of higher education or training program;

(iii) A student voluntarily participates in a program for which such a data transfer is a condition or requirement of participation;

(iv) The state board of education or the state department of education may share such data with a vendor to the extent it is necessary as part of a contract that governs databases, online services, assessments, special education or instructional supports with a vendor;

(v) Pursuant to a written agreement between the two (2) school districts, where a student transfers from an Idaho district abutting upon another state to the nearest appropriate district in such neighboring state in accordance with the provisions of section 33-1403, Idaho Code; or

(vi) A student is classified as "migrant" for reporting purposes as required by the federal government in order to assure linkage between the various states of migrant students educational records;

(d) Develop a detailed data security plan that includes:

(i) Guidelines for authorizing access to the student data system and to individual student data including guidelines for authentication of authorized access;

(ii) Guidelines relating to administrative safeguards providing for the security of electronic and physical data; such guidelines should include provisions relating to data encryption as well as staff training to better ensure the safety and security of data;

(iii) Privacy compliance standards;

(iv) Privacy and security audits;

(v) Breach planning, notification and procedures; and

(vi) Data retention and disposition policies;

(e) Ensure routine and ongoing compliance with FERPA, other relevant privacy laws and policies, and the privacy and security policies and procedures developed under the authority of this act, including the performance of compliance audits;

(f) Ensure that any contracts that govern databases, online services, assessments or instructional supports that include student data and are outsourced to private vendors, include express provisions that safeguard privacy and security, contain the restrictions on secondary uses of student data described in subsection (3)(b)(vi) of this section, provides for data destruction, including a time frame for data destruction, and includes penalties for noncompliance with this paragraph; and

(g) Notify the governor and the legislature annually of the following:

(i) New student data proposed for inclusion in the state student data system: (1) any new student data collection proposed by the state board of education becomes a provisional requirement to allow districts and their local data system vendors the opportunity to meet the new requirement; and (2) the state board of education must submit any new provisional student data collection to the governor and the legislature for their approval within one (1) year in order to make the new student data a permanent requirement through the administrative rules process. Any provisional student data collection not approved by the governor and the legislature by the end of the next legislative session expires and must be deleted and no longer collected;

(ii) Changes to existing data collections required for any reason, including changes to federal reporting requirements made by the U.S. department of education;

(iii) An explanation of any exceptions granted by the state board of education in the past year regarding the release or out-of-state transfer of student data;

(iv) The results of any and all privacy compliance and security audits completed in the past year. Notifications regarding privacy compliance and security audits shall not include any information that would pose a security threat to the state or local student information systems or to the secure transmission of data between state and local systems by exposing vulnerabilities; and

(v) Data collected specific to a grant program where such data is not otherwise included in student data.

(4) The state board of education shall adopt rules to implement the provisions of this act.

(5) Upon the effective date of this act, any existing collection of student data in the data system shall not be considered a new student data collection in accordance with this section.

(6) Unless otherwise prohibited by law or court order, school districts must provide parents or guardians with copies of all of their child's educational records, upon request, if such child has not attained the age of eighteen (18) years.

(7) The state board of education shall develop a model policy for school districts and public charter schools that will govern data collection, access, security and use of such data. The model policy shall be consistent with the provisions of this act. In order to assure that student educational information is treated safely and securely and in a consistent manner throughout the state, each district and public charter school shall adopt and implement the model policy. The state department of education shall provide outreach and training to the districts and public charter schools to help implement the policy. A current copy of such policy shall be posted to the school district's website. Any district or public charter school that fails to adopt, implement and post the policy where any inappropriate release of data occurs shall be liable for a civil penalty not to exceed fifty thousand dollars ($50,000). Such civil penalty may be imposed per violation. The method of recovery of the penalty shall be by a civil enforcement action brought by the state board of education, with the assistance of the office of the state attorney general, in the district court in and for the county where the violation occurred. All civil penalties collected under this section shall be paid into the general fund of the state.

History:

[33-133, added 2014, ch. 281, sec. 3, p. 711.]
Idaho Code § 33-4406 — Idaho Code / Title 33 / Chapter 44 / Section 33-4406
33-4406 LIMITATIONS.
Status: in_force

33-4406. Limitations. Students shall work no more than twenty (20) hours per week of employment under the program when classes are in session. Students are not to earn more than their award. However, in recognition of administrative realities, overearnings of not more than two hundred dollars ($200) shall not constitute an overaward. Earnings in excess of two hundred dollars ($200) over the need or award may not be paid from program funds and must be counted a resource in subsequent periods of enrollment.

History:

[33-4406, added 1989, ch. 124, sec. 1, p. 275.]
Idaho Code § 33-505 — Idaho Code / Title 33 / Chapter 5 / Section 33-505
33-505 BOARD OF TRUSTEES, DISTRICT NEWLY CREATED.
Status: in_force

33-505. Board of trustees, district newly created. (1) Within ten (10) days after the entry of any order creating a new school district by the consolidation of districts or parts thereof, the trustees of all school districts involved in the consolidation shall meet at the call of the state superintendent of public instruction or his designee and, from their number, shall select a board of trustees of the new district representing each of the merged districts in an equal number to serve as follows: if two (2) districts consolidated, one (1) member representing the board of trustees of each district shall serve until the annual election of trustees next following; one (1) member representing the board of trustees of each district shall serve until the annual election the following year; and one (1) member appointed by the other four (4) members shall serve until the annual election in the year after that. If three (3) or more districts consolidated, three (3) members shall serve until the annual election of trustees next following; three (3) members shall serve until the annual election the following year; and one (1) member appointed by the other six (6) members shall serve until the annual election in the year after that. If the number of merged districts is greater than three (3), the superintendent of public instruction shall appoint as equally as possible from trustees of the previous districts so that each district, if possible, has representation on the consolidated district's board of trustees. The superintendent shall stagger the terms of his appointments so that an equal number of appointees' terms expire annually and those trustees shall sit for election. Thereafter, all trustees who are elected shall serve terms as provided in section 33-501, Idaho Code, for a board of trustees of a school district. The board of trustees shall report the names of said trustees to the state board of education. The board of trustees of the newly consolidated school district shall expeditiously redraw the trustee zones pursuant to section 33-313, Idaho Code.

(2) The state board of education, at its first meeting next following receipt of notice of the creation of new school districts by the division of a district, shall appoint a board of trustees for each such new district, to serve until January 1 following the next election for school district trustees.

(3) Boards of trustees selected or appointed as in this section provided shall forthwith meet and organize as provided in section 33-506, Idaho Code, and thereupon the board of trustees of any district, the whole of which has been incorporated within the new district, or which was divided as the case may be, shall be dissolved and its powers and duties shall cease. Prior to the notice of annual election of trustees next following, the board of trustees of each school district created by consolidation or by division of districts shall determine by lot or by agreement from which of the trustee zones the trustees therefor shall be elected. Thereafter each trustee shall be elected for a term of four (4) years.

History:

[33-505, added 1963, ch. 13, sec. 55, p. 27; am. 2008, ch. 351, sec. 3, p. 970; am. 2009, ch. 341, sec. 43, p. 1019; am. 2018, ch. 164, sec. 3, p. 324.]
Idaho Code § 33-1251 — Idaho Code / Title 33 / Chapter 12 / Section 33-1251
33-1251 PROFESSIONAL STANDARDS — TITLE OF ACT.
Status: in_force

33-1251. Professional standards — Title of act. This act shall be known and cited as the "public schools professional standards act."

History:

[33-1251, added 1969, ch. 258, sec. 1, p. 794; am. 1972, ch. 239, sec. 2, p. 626.]
Idaho Code § 33-4303 — Idaho Code / Title 33 / Chapter 43 / Section 33-4303
33-4303 IDAHO OPPORTUNITY SCHOLARSHIP.
Status: in_force

33-4303. Idaho opportunity scholarship. (1) The purposes of this section are to:

(a) Recognize that all Idaho citizens benefit from an educated citizenry;

(b) Increase individual economic vitality and improve the overall quality of life for many of Idaho's citizens;

(c) Provide access to eligible Idaho postsecondary education through funding to remove financial barriers;

(d) Increase the opportunity for economically disadvantaged Idaho students; and

(e) Incentivize students to complete a postsecondary education degree or certificate.

(2) For the purposes of this section, the following definitions shall apply:

(a) "Educational costs" means the dollar amount determined annually by the state board of education as necessary for student tuition, fees, books, and such other expenses reasonably related to attendance at an eligible Idaho postsecondary educational institution.

(b) "Eligible Idaho postsecondary educational institution" means a public postsecondary organization governed or supervised by the state board, the board of regents of the university of Idaho, a board of trustees of a community college established pursuant to the provisions of chapter 21, title 33, Idaho Code, or the state board for career technical education or any educational organization located in Idaho that is:

(i) Operated privately;

(ii) Classified as not-for-profit under state law;

(iii) Under the control of an independent board and not directly controlled or administered by a public or political subdivision; and

(iv) Accredited by an organization recognized by the state board as provided in section 33-2402, Idaho Code.

(c) "Eligible student" means a student who:

(i) Is an Idaho resident as defined in section 33-3717B, Idaho Code;

(ii) Has graduated or will graduate from an accredited high school or its equivalent in Idaho as determined by the state board;

(iii) Has enrolled or applied to an eligible Idaho postsecondary educational institution;

(iv) Is a postsecondary undergraduate student who has not previously completed a baccalaureate (bachelor's) degree or higher;

(v) Beginning with the graduating high school class of 2025, is not receiving any grant funds pursuant to the provisions of section 72-1205, Idaho Code; and

(vi) Meets need and merit criteria as set by the state board.

"Eligible student" also means a student who has met the eligibility requirements and was awarded an opportunity scholarship prior to June 30, 2014. Continued eligibility shall be based upon the eligibility requirements at the time of the original award.

(d) "Opportunity scholarship program" means the scholarship program described in this section and in the rules established by the state board.

(e) "Shared model of responsibility" means a model set by the board to determine the required and expected contributions of the student, the student's family and available federal financial aid.

(f) "State board" means the state board of education.

(3)(a) To qualify for the opportunity scholarship program an eligible student must:

(i) Apply or have applied for federal student financial assistance available to an eligible student who will attend or is enrolled in an eligible Idaho postsecondary educational institution; and

(ii) Meet need and merit criteria established by the state board in rule.

(b) For an eligible student that has previously received an opportunity scholarship award to renew such award for the next year, the eligible student shall maintain progress towards on-time degree completion so that such student is on schedule to obtain an associate degree within two (2) years or a baccalaureate degree within four (4) years from the time such student initially received an opportunity scholarship award.

(4) The state board shall promulgate rules to determine student eligibility, academic and financial eligibility, a process for eligible students to apply, amount of awards, how eligible students will be selected and when the awards shall be made, as well as other rules necessary for the administration of this section.

(5) Funds that are available for the opportunity scholarship program shall be used to provide scholarships based upon a shared model of responsibility between the scholarship recipient and the recipient's family, the federal government, and the participating eligible Idaho postsecondary educational institution that the recipient attends for covering the educational costs.

(6) Up to five percent (5%) of funds that are available for the opportunity scholarship program may be used for awards to adult students who have earned at least twenty-four (24) credits toward a postsecondary degree or certificate and who return to an eligible Idaho postsecondary educational institution to complete a certificate or degree.

(7) The opportunity scholarship award shall not exceed the actual educational costs at the eligible Idaho postsecondary educational institution that the student attends. The amount of scholarship shall not exceed the educational costs established by the state board.

(8) Award payments shall be made annually to an eligible Idaho postsecondary educational institution. In no instance may the entire amount of an award be paid to or on behalf of such student in advance.

(9) If an eligible student becomes ineligible for a scholarship under the provisions of this chapter, or if a student discontinues attendance before the end of any semester, quarter, term, or equivalent covered by the award after receiving payment under this chapter, the eligible Idaho postsecondary educational institution shall remit, up to the amount of any payments made under this program, any prorated tuition or fee balances to the state board.

(10) There is hereby created an account in the state treasury to be designated the opportunity scholarship program account.

(a) The account shall consist of moneys appropriated to the account by the legislature, moneys contributed to the account from other sources, and the earnings on such moneys. The executive director of the state board may receive on behalf of the state board any moneys or real or personal property donated, bequeathed, devised, or conditionally granted to the state board for purposes of providing funding for such account. Moneys received directly or derived from the sale of such property shall be deposited by the state treasurer in the account.

(b) Earnings from moneys in the account or specified gifts shall be distributed annually to the state board to implement the opportunity scholarship program as provided for under the provisions of this chapter.

(c) All moneys placed in the account and earnings thereon are hereby perpetually appropriated to the state board for the purpose described in paragraph (b) of this subsection. All expenditures from the account shall be paid out in warrants drawn by the state controller upon presentation of the proper vouchers. Up to fifty thousand dollars ($50,000) of the annual earnings distribution to the state board may be used by the state board annually for administrative costs related to the implementation of the provisions of this chapter.

(d) Allowable administrative costs include but are not limited to operating expenses for the implementation and maintenance of a database, operating expenses to administer the program, personnel costs necessary to administer the program, and costs related to promoting awareness of the program.

(e) Any unused annual funds shall be deposited into the opportunity scholarship program account.

(f) Pending use, surplus moneys in the account shall be invested by the state treasurer or endowment fund investment board in the same manner as provided under section 67-1210 or 68-501, Idaho Code, as applicable. Interest earned on the investments shall be returned to the account.

(11) The effectiveness of the Idaho opportunity scholarship will be evaluated by the state board on a regular basis. This evaluation will include annual data collection as well as longer-term evaluations.

History:

[33-4303, added 2013, ch. 72, sec. 6, p. 185; am. 2016, ch. 25, sec. 26, p. 49; am. 2016, ch. 32, sec. 2, p. 79; am. 2018, ch. 245, sec. 1, p. 570; am. 2023, ch. 174, sec. 7, p. 469; am. 2023, ch. 272, sec. 5, p. 820; am. 2024, ch. 82, sec. 1, p. 376; am. 2024, ch. 274, sec. 1, p. 945.]
Idaho Code § 33-1107 — Idaho Code / Title 33 / Chapter 11 / Section 33-1107
33-1107 PLAN AND FORM OF BONDS — AMORTIZATION.
Status: in_force

33-1107. Plan and form of bonds — Amortization. School district bonds shall be issued in denominations to be determined by the board of trustees.

No school district bonds shall be issued except upon an amortization plan. The first amortized principal payment shall mature and be payable not more than two (2) years from and after the date of the bonds, and the various annual maturities of any issue of bonds shall be in such principal amounts as will, together with accruing interest on all outstanding bonds of such issue, be met and paid by an equal annual tax levy during the term for which such bonds shall be issued and shall satisfy one (1) of the following:

(1) The annual tax levy in any year shall not exceed by more than ten percent (10%) the average annual tax levy if the principal and interest coming due on the bonds was repaid in equal annual amounts; or

(2) The annual tax levy in any year shall not exceed by more than ten percent (10%) the average annual tax levy if the principal and interest coming due on the bonds, together with the principal and interest coming due on all other outstanding bonds of the school district, was repaid in equal annual amounts; or

(3) The annual tax levy shall result in the repayment of principal and interest coming due on the bonds, or the bonds, together with the principal and interest coming due on all other outstanding bonds of the school district, more rapidly than an equal annual tax levy.

Whenever the amortization plan does not satisfy any of the foregoing alternatives, the board of trustees may adopt such amortization plan as it shall find will result to the benefit and advantage of the district, and the board of trustees may issue and sell such bonds with such annual maturities as it shall determine either prior to or after the fixing of the interest rates such bonds will bear, and in every such instance it shall be permissible for the board of trustees to issue such bonds in the annual maturities so determined upon and bearing the rate or rates of interest ascertained upon the sale of such bonds, and the plan and form thereof together with the contract, if any, for the issue must be approved by the state superintendent of public instruction.

Subject to the provisions of this section, bonds may be issued as serial or term bonds.

Each bond shall bear interest from the date of issue, payable semiannually on the days of such months as shall be determined by the board of trustees, at such interest rate as said board may determine. Each bond of any issue shall be numbered in a consecutive series. Each issue of bonds shall mature and be paid in full not more than thirty (30) years from the date of the bonds.

No issue of school bonds shall at any time be sold at less than its aggregate par value.

History:

[33-1107, added 1963, ch. 13, sec. 103, p. 27; am. 1963, ch. 263, sec. 1, p. 672; am. 1972, ch. 121, sec. 1, p. 240; am. 1988, ch. 135, sec. 1, p. 242; am. 2013, ch. 183, sec. 1, p. 437.]
Idaho Code § 33-6203 — Idaho Code / Title 33 / Chapter 62 / Section 33-6203
33-6203 DESIGNATION OF ATHLETIC TEAMS.
Status: in_force

33-6203. designation of athletic teams. (1) Interscholastic, intercollegiate, intramural, or club athletic teams or sports that are sponsored by a public primary or secondary school, a public institution of higher education, or any school or institution whose students or teams compete against a public school or institution of higher education shall be expressly designated as one (1) of the following based on biological sex:

(a) Males, men, or boys;

(b) Females, women, or girls; or

(c) Coed or mixed.

(2) Athletic teams or sports designated for females, women, or girls shall not be open to students of the male sex.

(3) A dispute regarding a student's sex shall be resolved by the school or institution by requesting that the student provide a health examination and consent form or other statement signed by the student's personal health care provider that shall verify the student's biological sex. The health care provider may verify the student's biological sex as part of a routine sports physical examination relying only on one (1) or more of the following: the student's reproductive anatomy, genetic makeup, or normal endogenously produced testosterone levels. The state board of education shall promulgate rules for schools and institutions to follow regarding the receipt and timely resolution of such disputes consistent with this subsection.

History:

[33-6203, added 2020, ch. 333, sec. 1, p. 969.]
Idaho Code § 33-4808 — Idaho Code / Title 33 / Chapter 48 / Section 33-4808
33-4808 SEVERABILITY.
Status: in_force

33-4808. Severability. The provisions of this chapter are hereby declared severable, and in the event that any word, phrase, sentence, clause, paragraph or section of this chapter be determined by a court of competent jurisdiction to be invalid for any reason, such partial invalidity shall not affect the validity of the remainder of this chapter.

History:

[33-4808, added 1994, ch. 229, sec. 1, p. 719.]
Idaho Code § 33-1611A — Idaho Code / Title 33 / Chapter 16 / Section 33-1611A
33-1611A REQUIRING PERMISSION FOR INSTRUCTION ADDRESSING HUMAN SEXUALITY.
Status: in_force

33-1611A. requiring permission for instruction addressing human sexuality. (1) It is not the intent of the legislature that instruction regarding human sexuality as defined in section 33-1609, Idaho Code, shall be included or required in Idaho public schools. Prior to any child attending instruction that addresses human sexuality as it is specifically and narrowly defined in section 33-1609, Idaho Code, regardless of whether such instruction is offered by regular or guest instructors, the school district offering such instruction shall notify parents and legal guardians of children who are eligible to attend such instruction no less than two (2) weeks before the date that such instruction will begin. The school district shall provide the parent or legal guardian with a brief description of the content of the instruction in human sexuality and such parent or legal guardian shall have the opportunity to review any materials that will be used in the instruction. The school district shall not permit any child to attend such instruction unless the parent or legal guardian of such child submits a signed and written permission form to the board of trustees within one (1) week of the commencement of the instruction granting the school district permission to allow the child to attend the instruction. For any child whose parents do not provide the written permission form provided for in this section, alternative educational instruction that furthers the completion of any grade level or graduation requirements and does not address human sexuality as specifically and narrowly defined in section 33-1609, Idaho Code, shall be provided to such child.

(2) A parent or legal guardian of a child who was provided any instruction addressing human sexuality as specifically and narrowly defined in section 33-1609, Idaho Code, without the required signed and written permission form shall provide written notice to the board of trustees or its designee that the instruction occurred. In such notice, a parent or legal guardian may:

(a) Provide retroactive permission for the child to receive such instruction; or

(b) Ask the board of trustees for rectification.

(3) Upon receipt of the notice pursuant to subsection (2) of this section, a board of trustees shall file any retroactive permission granted or provide rectification to a parent or legal guardian within thirty (30) days of receipt of such notice. Each board of trustees shall adopt policies and procedures to investigate alleged violations of the provisions of subsection (1) of this section that are reported by a parent or legal guardian to the board of trustees pursuant to the provisions of subsection (2) of this section. Any public school employee that is determined to have violated the provisions of subsection (1) of this section after such investigation may be subject to disciplinary action. If the board fails to provide adequate rectification, the parent or legal guardian who provided the notice pursuant to subsection (2) of this section shall have a cause of action against the board of trustees but only after exhausting all other available remedies.

(4) Any parent or legal guardian of a child who prevails in an action brought under this section may recover actual damages and any other relief available by law, including but not limited to injunctive relief sufficient to prevent the defendant school district board of trustees from violating the requirements of this section.

History:

[33-1611A, added 2025, ch. 234, sec. 2, p. 1068.]
Idaho Code § 33-4002 — Idaho Code / Title 33 / Chapter 40 / Section 33-4002
33-4002 STATE BOARD OF EDUCATION AS A SUCCEEDING BOARD OF TRUSTEES.
Status: in_force

33-4002. State board of education as a succeeding board of trustees. The general supervision, government and control of said Boise state university shall be vested in the state board of education which shall act as the board of trustees of said university.

History:

[33-4002, added 1967, ch. 369, sec. 2, p. 1062; am. 1974, ch. 25, sec. 2, p. 803.]
Idaho Code § 33-2704 — Idaho Code / Title 33 / Chapter 27 / Section 33-2704
33-2704 PETITION — VERIFICATION — NOTICE AND HEARING.
Status: in_force

33-2704. Petition — Verification — Notice and hearing. (1) A petition or petitions, signed by not less than twenty percent (20%) of the qualified electors who reside within the boundaries of the proposed library district, giving the name of the proposed district, describing the boundaries thereof including a map prepared in a draftsmanlike manner, and praying for the establishment of the territory therein described as a public library district, shall be filed with the clerk or clerks of the boards of county commissioners of the counties in which the proposed district is situated.

The petition or petitions shall be verified by at least one (1) qualified elector, which verification shall state that the affiant knows that all of the parties whose names are signed to the petition are qualified electors of the proposed district, and that their signatures to the petition were made in his presence. The verification may be made before any notary public.

(2) When the petition or petitions are presented to the board of county commissioners and filed in the office of the clerk of the board, the board shall set the time for a hearing, which time shall be not less than three (3) nor more than six (6) weeks from the date of the presentation and filing of the petition. Notice of the time of hearing shall be published by the board at least once a week for two (2) weeks prior to the time set for the hearing, in a newspaper of general circulation within the county in which the proposed district is situated.

(3) The notice shall state that a library district is proposed to be established, giving the proposed boundaries and name thereof, and that any resident elector within the proposed boundaries of the proposed district may appear and be heard in regard to:

(a) The form of the petition;

(b) The genuineness of the signatures;

(c) The legality of the proceedings; and

(d) Any other matters in regard to the creation of the library district.

(4) Concurrently with the notice of hearing, the board of county commissioners shall notify, in writing, the governing body of any tax supported library within the boundaries of the proposed library district. If any governing body decides that it is not in the best interest of library services to be included within the proposed library district, they shall present a resolution stating this to the county commissioners, not less than one (1) week prior to the date of hearing.

(5) No later than ten (10) days after the hearing, the board of county commissioners shall make an order thereon with or without modification, based upon the public hearing and their determination of whether the proposed library district would be in keeping with the declared public policy of the state of Idaho in regard to library districts as more particularly set forth in section 33-2701, Idaho Code, and, shall accordingly fix the boundaries and certify the name of the proposed district in the order granting the petition. The boundaries so fixed shall be the boundaries of the district after its establishment is completed as provided in this chapter.

History:

[33-2704, added 1963, ch. 188, sec. 4, p. 568; am. 1989, ch. 132, sec. 1, p. 287; am. 1990, ch. 378, sec. 2, p. 1047; am. 1995, ch. 119, sec. 3, p. 514; am. 1996, ch. 71, sec. 5, p. 219; am. 2025, ch. 255, sec. 1, p. 1122.]
Idaho Code § 33-2808 — Idaho Code / Title 33 / Chapter 28 / Section 33-2808
33-2808 DUTIES OF TREASURER.
Status: in_force

33-2808. Duties of treasurer. The treasurer of said board shall, out of any moneys in his hands belonging to said board, pay all orders drawn upon him by the president and secretary thereof, when accompanied by vouchers fully explaining the character of the expenditure, and the books and accounts of the treasurer shall at all times be opened to the inspection of the board. The treasurer shall make an annual report to the president of the board of all transactions connected with the duties of his office.

History:

[(33-2808) 1888-1889, p. 21, sec. 17; reen. R.C. & C.L., sec. 492; C.S., sec. 1063; I.C.A., sec. 32-2308.]
Idaho Code § 33-1807 — Idaho Code / Title 33 / Chapter 18 / Section 33-1807
33-1807 LITERACY INTERVENTION PROGRAM.
Status: in_force

33-1807. literacy intervention program. (1) Each school district and public charter school shall establish an extended time literacy intervention program for students who score basic or below basic on the fall reading screening assessments or alternate reading screening assessment in kindergarten through grade 3 and submit it to the state board of education.

(2)(a) The program shall provide:

(i) Proven effective evidence-based substantial intervention and shall include phonemic awareness, decoding intervention, vocabulary, comprehension, and fluency as applicable to the student based on a formative assessment designed to, at a minimum, identify such weaknesses;

(ii) A minimum of sixty (60) hours of supplemental instruction for students in kindergarten through grade 3 who score below basic on the reading screening assessment; and

(iii) A minimum of thirty (30) hours of supplemental instruction for students in kindergarten through grade 3 who score basic on the reading screening assessment.

(b) The program may include adaptive learning technology literacy intervention tools as part of the literacy intervention program, must include parent input, be in alignment with the Idaho comprehensive literacy plan, and be from the state board of education-approved provider list established pursuant to subsection (3) of this section. Online or digital instructional materials that are not part of a comprehensive program do not have to be from the approved provider list.

(3)(a) The state board of education shall select adaptive learning technology literacy intervention providers through a request for proposals process to provide adaptive learning technology literacy intervention tools for school districts and charter schools to use as part of their literacy intervention programs for students in kindergarten through grade 3 that:

(i) Include an academic program focused on building age-appropriate literacy skills that, at a minimum, include phonological awareness, phonics, fluency, comprehension, and vocabulary;

(ii) Use an evidence-based early intervention model;

(iii) Include a parental engagement and involvement component that allows parents to participate in their student's use of the tool at school or at home; and

(iv) Address early reading and literacy intervention through the use of an interactive and adaptive computer software program.

(b) To remain on the approved provider list after the first year of identification, programs must be evaluated each year to determine effectiveness by an independent external evaluator. The evaluation will be based on a full academic year of implementation of tools implemented with fidelity and will include, at a minimum, growth toward proficiency measures.

(4) The state board of education shall identify national evidence-based best practices and proven effective state intervention practices. The state department of education shall share state board of education-identified intervention practices with school districts and charter schools throughout the state and maintain a resource center of best practices for literacy intervention for students in kindergarten through grade 3. The resource center shall include, at a minimum, resources for parents and schools.

(5) Of the funds appropriated for the purpose of this section, no more than one hundred dollars ($100) per student may be used for transportation costs.

(6) For the purpose of program reimbursement, the state department of education shall adopt reporting forms, establish reporting dates, and adopt such additional guidelines and standards as necessary to accomplish the program goals that every child will read fluently and comprehend printed text on grade level by the end of grade 3.

(7) Subject to appropriation, the state department of education shall, over a multi-year period, provide professional development to all teachers and elementary administrators serving students in kindergarten through grade 3. Such professional development shall be based on the science of reading and shall include embedded coaching that integrates evidence-based best practices supporting early literacy intervention, including but not limited to data literacy, the statewide reading assessment, and best practices as outlined in the Idaho comprehensive literacy plan. Information regarding participation in the intervention program by school districts and public charter schools and the effectiveness of such program shall be presented annually to the state board of education, the legislature, and the governor.

(8) The state board of education or its delegate shall annually evaluate the cost and efficacy of literacy interventions used throughout Idaho.

(9) The state board of education may promulgate rules implementing the provisions of this section. At a minimum, such rules shall include student trajectory growth to proficiency benchmarks and a timeline for reaching such benchmarks.

History:

[33-1807, added 2021, ch. 292, sec. 5, p. 877; am. 2025, ch. 91, sec. 1, p. 407.]
Idaho Code § 33-2906 — Idaho Code / Title 33 / Chapter 29 / Section 33-2906
33-2906 PURNELL ACT — RECEIPT AND EXPENDITURE OF APPROPRIATIONS.
Status: in_force

33-2906. Purnell act — Receipt and expenditure of appropriations. The regents of the University of Idaho are authorized and empowered to receive any grants of money appropriated under such act and to expend the same in accordance with the terms, conditions, requirements, and limitations of said act, and the treasurer of the regents of the university is hereby designated as the officer to whom all moneys granted to the state of Idaho under said act shall be paid.

History:

[(33-2906) 1927, ch. 22, sec. 2, p. 27; I.C.A., sec. 32-2406.]
Idaho Code § 33-120 — Idaho Code / Title 33 / Chapter 1 / Section 33-120
33-120 UNIFORM REPORTING.
Status: in_force

33-120. Uniform reporting. (1) The state superintendent of public instruction shall prescribe forms and format for uniform accounting for financial and statistical reports and performance measurements to provide consistent and uniform reporting by school districts.

(2) The state board of education may adopt rules pursuant to the provisions of chapter 52, title 67, Idaho Code, and under authority of section 33-105, Idaho Code, to provide for and implement a student information management system.

History:

[33-120, added 1963, ch. 13, sec. 20, p. 27; am. 1985, ch. 107, sec. 1, p. 192; am. 1994, ch. 175, sec. 1, p. 402; am. 2006, ch. 244, sec. 1, p. 740.]
Idaho Code § 33-1017 — Idaho Code / Title 33 / Chapter 10 / Section 33-1017
33-1017 SCHOOL SAFETY AND HEALTH REVOLVING LOAN AND GRANT FUND.
Status: in_force

33-1017. School safety and health revolving loan and grant fund. (1) Fund created. There is hereby created a fund in the state treasury to be known as the school safety and health revolving loan and grant fund to which shall be credited all moneys that may be appropriated, apportioned, allocated and paid back to that fund. Moneys in this fund shall be used exclusively as provided in this section, except that moneys in this fund shall be returned to the budget stabilization fund as provided in this section.

(2) Approval of loan or grant. A school district that does not have the financial resources to abate unsafe or unhealthy conditions identified pursuant to section 33-1613, Idaho Code, and that is eligible to seek additional funds under subsection (5)(b)(ii) of section 33-1613, Idaho Code, may apply to the state treasurer for a loan and, if eligible, a grant from the school safety and health revolving loan and grant fund. A school district that has borrowed money from the Idaho safe school facilities loan program may apply for a grant of interest from the school safety and health revolving loan and grant fund. The loan or grant shall be approved if the school district's application meets the criteria of section 33-1613, Idaho Code, and of this section. If the board of examiners finds that existing and anticipated loans or grants under this section have depleted the school safety and health revolving loan and grant fund to an extent that the fund does not have available sufficient moneys to loan to an eligible school district, the board of examiners shall declare that additional loans may be made from the budget stabilization fund provided in section 57-814, Idaho Code, up to any limits of the use of that fund provided by statute or declared by the governor in times of general revenue shortfalls or major disaster.

(3) Conditions of loan or grant — Repayment of loan.

(a) The school district's application shall identify the unsafe or unhealthy conditions that would be abated with the proceeds of the loan or grant and, if a loan, shall propose a method of and timetable for abating those conditions and for repaying the loan.

(b) The state treasurer shall review the application to determine whether the application is for abatement of unsafe or unhealthy conditions as described in section 33-1613, Idaho Code, and to determine whether the estimated costs of abatement and proposed plan of abatement are reasonable. In reviewing the application, the state treasurer may call upon the assistance of the state division of occupational and professional licenses, the state fire marshal, the state department of administration, the state board of education, the state department of education, or other knowledgeable persons to determine whether conditions identified to be abated meet the criteria of section 33-1613, Idaho Code, and to determine whether the plan of abatement, estimated costs of abatement and proposed methods of abatement are reasonable. The state treasurer shall process the application for a loan or grant within thirty-five (35) days after its receipt.

(i) If the state treasurer determines that the application has not identified unsafe or unhealthy conditions as described in section 33-1613, Idaho Code, the state treasurer shall return the application with a written statement that contains reasons why the loan or grant application does not meet the criteria of this section and of section 33-1613, Idaho Code.

(ii) If the state treasurer determines that the application has identified unsafe or unhealthy conditions as described in section 33-1613, Idaho Code, the state treasurer shall then determine whether the application has proposed reasonable methods of abatement and reasonable estimates of costs of abatement. The state treasurer shall approve the plan of abatement if the school district has proposed a reasonable method of abatement and if its estimated costs of abatement are reasonable; otherwise, the state treasurer shall return the application with a written statement how the application can be amended to qualify.

(c) If the application is for a loan, the state treasurer may accept the school district's proposed method of and timetable for repaying the loan or may impose reasonable alternative or substitute methods of and timetables for repayment consistent with this subsection, which alternative or substitute methods shall be binding on the school district. At a minimum, the school district shall be required to repay in each fiscal year succeeding the year of the loan an amount no less than the lottery proceeds that the school district would otherwise receive for that fiscal year and additional foundation support moneys, if any, accruing as a result of an initial overestimation of state average daily attendance support units and later distribution of residual amounts resulting from fewer support units than originally estimated. The loan shall provide for the school safety and health revolving loan and grant fund, or the budget stabilization fund, to the extent that it was the source of the loan, to intercept the lottery proceeds that would otherwise go to the school district until the loan is fully repaid. In addition, the state treasurer may impose reasonable fiscal conditions on the school district during the term of loan repayment including, but not limited to, restrictions in use of otherwise unrestricted school district moneys to assist in repayment of the loan or in abatement of unsafe or unhealthy conditions, the declaration of a financial emergency during some or all of the term of repayment of the loan, or interception by the school safety and health revolving loan and grant fund of a portion of the state foundation program payments under chapter 10, title 33, Idaho Code, that would otherwise go to the school district to repay the loan. The initial term of the loan shall not exceed ten (10) years, but may be extended in the state treasurer's discretion for another ten (10) years.

(d) If a loan is approved, the state treasurer shall establish a line of credit for the school district and monthly reimburse the school district for costs incurred to abate the unsafe or unhealthy conditions identified as the reason for the loan. The state treasurer may prescribe forms and procedures for administration of this line of credit.

(e) A school district may repay its loan or any portion of its loan in advance at any time without penalty.

(4) Interest. Loans to school districts under this section shall bear interest at the average rate of interest that would be available to the state treasury were the loan funds retained in the state treasury, as determined by the state treasurer.

(5) Certification of loan funds spent. If a school district obtains a loan pursuant to this section, the board of trustees shall certify the total expenditures of loaned funds that were actually spent to abate unsafe and unhealthy conditions.

(6) Excess funds. If any funds loaned pursuant to this section were not spent on abatement of unsafe and unhealthy conditions, they must be returned to the school safety and health revolving loan and grant fund or the budget stabilization fund, as the case may be. This subsection shall be judicially enforceable by the state treasurer, and any amounts due for repayment under this subsection may be recovered by offset from state foundation program moneys that would otherwise be paid to the school district.

(7) Eligibility for grant. After complying with the provisions of section 33-1613, Idaho Code, school districts that borrow money from the Idaho safe schools facilities loan program pursuant to section 33-804A, Idaho Code, or that refinance through the Idaho safe schools facilities loan program loans for money borrowed under this section or that finance abatement of unsafe and unhealthy conditions through indebtedness pursuant to chapter 11, title 33, Idaho Code, may apply for a grant from the school safety and health revolving loan and grant fund to pay for eligible interest costs incurred on loan proceeds used to abate unsafe and unhealthy conditions. If the school district's application for a grant is accepted, then the school district will qualify for a grant of the present value of the qualifying percentage of the interest costs of the loan associated with abating unsafe and unhealthy conditions as follows:

(a) If the school district is participating in the Idaho safe schools facilities loan program, within seven (7) days after the approved school district receives loan proceeds from the Idaho safe schools facilities loan fund, the state treasurer shall provide funds to the school district in the amount of the qualifying percentage of the present value of the interest costs associated with abating unsafe and unhealthy conditions.

(b) If a school district has obtained a loan from the school health and safety revolving loan and grant fund and has refinanced its loan through the Idaho safe schools facilities program and prepays the outstanding principal of its loan, the school district shall be eligible for a grant of the qualifying percentage of the present value of the outstanding interest costs associated with the prepaid principal.

(c) If the school district has financed the abatement of unsafe or unhealthy conditions through indebtedness pursuant to chapter 11, title 33, Idaho Code, within seven (7) days after the school district receives bond proceeds, the state treasurer shall provide funds to the school district in the amount of the qualifying percentage of the present value of the interest costs associated with abating unsafe and unhealthy conditions.

(8) Present value. The present value of the interest costs associated with money borrowed under the Idaho safe schools facilities loan program shall be calculated by the state treasurer using a method of equal annual loan payments and a discount rate of the interest rate prescribed in subsection (4) of this section on the date that the school district receives funds from the Idaho safe schools facilities loan fund. The present value of the unpaid interest costs for principal prepayments to the school safety and health revolving loan and grant fund shall be calculated by the state treasurer by summing the unpaid interest that would be paid without the principal prepayment and discounting it at the interest rate prescribed in subsection (4) of this section on the date that the treasurer receives the prepayment. The present value of the interest costs associated with money borrowed by a school district in a bond issue shall be calculated by the state treasurer using the school district's actual schedule for making interest payments on the bonds and discounting those interest payments by the interest rate prescribed in subsection (4) of this section on the date that the school district receives funds from the bond issue.

(9) Qualifying percentage. The qualifying percentage of the interest costs of a school district applying for a grant of interest under this section shall be determined as follows: For a school district borrowing money under the Idaho safe schools facilities loan program or refinancing a loan made under this section with money borrowed under the Idaho safe schools facilities program or incurring bonded indebtedness for safe and healthy schools, the state treasurer shall express:

(a) The total of the bond and plant facilities levies imposed by the school district (including the levy for which the application is made); and

(b) The total levies imposed by the school district (including the levy for which the application is made)

as a fraction of assessed value for the most recent assessment against which the school district's existing levies are made. The qualifying percentage of interest granted under this section shall be the higher of the amounts shown in the following tables:

Table 1 – Bond and Plant Facilities Levies

Bond Plus Plant Facilities Levy

Less than.0019

More than.0019 and less than.0029

More than.0029 and less than.0039

More than.0039

Table 2 – Total Levies

Total Levy

Less than.0060

More than.0060 and less than.0072

More than.0072 and less than.0084

More than.0084 and less than.0096

More than.0096

(10) Interest costs for abatement of unsafe and unhealthy conditions. The interest costs for abatement of unsafe and unhealthy conditions shall be calculated by determining the percentage of the loan proceeds or prepayment of the loan that will be used to abate unsafe and unhealthy conditions.

(11) Procedures. The state treasurer may prescribe forms for applying for a loan or grant under this section. No actions taken under this section are contested cases or rulemaking subject to chapter 52, title 67, Idaho Code, and none of the contested case or rulemaking procedures of chapter 52, title 67, Idaho Code, apply to actions taken under this section.

(12) The state treasurer's authority to accept applications for and to approve grants of interest from the school safety and health revolving loan and grant fund shall cease on July 1, 2003.

History:

[33-1017, added 2000, ch. 219, sec. 2, p. 610; am. 2001, ch. 326, sec. 2, p. 1144; am. 2002, ch. 157, sec. 1, p. 453; am. 2023, ch. 15, sec. 4, p. 71.]
Idaho Code § 33-1030 — Idaho Code / Title 33 / Chapter 10 / Section 33-1030
33-1030 DEFINITIONS.
Status: in_force

33-1030. DEFINITIONS. [EFFECTIVE UNTIL JULY 1, 2028] As used in this section through section 33-1034, Idaho Code:

(1) "Assessment" means an examination or another objective evaluation of a student's academic performance, academic engagement, or college or career readiness.

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

(3) "Eligible education expenses" means:

(a) Computer hardware, internet access, or other technological devices or services that are primarily used to meet a participant's educational needs; however, expenses related to internet access shall be subject to reimbursement pursuant to the provisions of section 33-1031(2)(c), Idaho Code, and shall not be eligible for direct payment through the grant distribution platform;

(b) Textbooks, curriculum, or other instructional materials, including educational software and applications;

(c) Fees for national standardized assessments, advanced placement examinations, examinations related to college or university admissions, or industry-recognized certification examinations;

(d) Therapies, including but not limited to occupational, behavioral, physical, speech-language, and audiology therapies, or other services or therapies specifically approved by the board;

(e) Educational programs offered for a fee or pursuant to contract by a school district, public charter school, or career technical education program to any eligible student; however, the payment of such fees on behalf of a student through the grant distribution platform shall not cause such student to be counted for purposes of calculating public school enrollment; or

(f) Other education expenses and services as approved by the board, upon recommendation of the parent advisory panel established pursuant to section 33-1032, Idaho Code.

(4) "Eligible student" means a full-time resident of Idaho who is five (5) to eighteen (18) years of age.

(5) "Grant" means an award of one thousand dollars ($1,000), which must be used for eligible education expenses.

(6) "Grant distribution platform" means a digital platform through which grant funds are transferred from the board to participant accounts.

(7) "Parent" means the parent or legal guardian of an eligible student or a participant.

(8) "Participant" means an eligible student for whom a grant is awarded under section 33-1031, Idaho Code.

(9) "Program" means the empowering parents grant program established by section 33-1031, Idaho Code.

History:

[33-1030, added 2022, ch. 13, sec. 2, p. 29; am. 2024, ch. 277, sec. 1, p. 951.]
Idaho Code § 33-1205 — Idaho Code / Title 33 / Chapter 12 / Section 33-1205
33-1205 CERTIFICATE RECORDS AND FEES.
Status: in_force

33-1205. Certificate records and fees. (1) The state board of education shall cause to be maintained a record of all certificates issued, showing names, dates of issue and renewal, and if revoked, the date thereof and the reason therefor. A nonrefundable fee shall accompany each application for a prekindergarten through grade twelve (12) certificate, alternate certificate, change in certificate or replacement.

(2) Certificate and related fees shall be as specified by rule of the state board of education.

(3) The fees shall be used by the state department of education for payment of the expenses of the professional standards commission in performing its duties to sustain certification, program approvals, ethics reviews and standards reviews.

History:

[33-1205, added 1963, ch. 13, sec. 147, p. 27; am. 1969, ch. 259, sec. 1, p. 798; am. 1972, ch. 239, sec. 1, p. 626; am. 1974, ch. 79, sec. 1, p. 1166; am. 1981, ch. 44, sec. 1, p. 66; am. 1983, ch. 80, sec. 1, p. 167; am. 1987, ch. 255, sec. 1, p. 519; am. 2003, ch. 143, sec. 1, p. 416; am. 2015, ch. 23, sec. 1, p. 28.]
Idaho Code § 33-1252 — Idaho Code / Title 33 / Chapter 12 / Section 33-1252
33-1252 PROFESSIONAL STANDARDS COMMISSION — MEMBERS — APPOINTMENT — TERMS.
Status: in_force

33-1252. Professional standards commission — Members — Appointment — Terms. (1) A professional standards commission is hereby created in the department of education, consisting of eighteen (18) members, one (1) of whom shall be a member of the staff of the state department of education, and one (1) of whom shall be a member of the staff of the division of career technical education, to be appointed by the state board of education. The members shall be representative of the teaching profession of the state of Idaho, and not less than seven (7) members shall be certificated classroom teachers in the public school system of the state and shall include at least one (1) teacher of exceptional children and at least one (1) teacher in pupil personnel services. Such expansion of membership on the professional standards commission shall not require reaffirmation of the codes and standards of ethics and rules of procedure used by the professional standards commission.

(2) Except for the member from the staff of the state department of education, and the member from the staff of the division of career technical education, three (3) nominees for each position on the commission shall be submitted to the state superintendent of public instruction, for the consideration of the state board of education. Any state organization of teachers whose membership is open to all certificated teachers in the state may submit nominees for positions to be held by classroom teachers; the Idaho association of school superintendents may submit nominees for one (1) position, the Idaho association of secondary school principals may submit nominees for one (1) position; the Idaho association of elementary school principals may submit nominees for one (1) position; the Idaho school boards association may submit nominees for one (1) position; the Idaho association of special education administrators may submit nominees for one (1) position; the education departments of the private colleges of the state may submit nominees for one (1) position, the community colleges and the education departments of the public institutions of higher education may submit nominees for two (2) positions, and the colleges of letters and sciences of the institutions of higher education may submit nominees for one (1) position.

(3) The state board of education shall appoint or reappoint members of the commission for terms of three (3) years.

History:

[33-1252, added 1969, ch. 258, sec. 2, p. 794; am. 1970, ch. 40, sec. 1, p. 87; am. 1972, ch. 239, sec. 3, p. 626; am. 1974, ch. 10, sec. 9, p. 49; am. 1974, ch. 158, sec. 1, p. 1392; am. 1979, ch. 11, sec. 1, p. 15; am. 1989, ch. 269, sec. 1, p. 658; am. 1999, ch. 329, sec. 3, p. 855; am. 2003, ch. 144, sec. 1, p. 417; am. 2016, ch. 25, sec. 8, p. 40.]
Idaho Code § 33-4801 — Idaho Code / Title 33 / Chapter 48 / Section 33-4801
33-4801 SHORT TITLE.
Status: in_force

33-4801. Short title. This chapter shall be known and may be cited as the "Idaho Educational Technology Initiative of 1994."

History:

[33-4801, added 1994, ch. 229, sec. 1, p. 716.]
Idaho Code § 33-1509 — Idaho Code / Title 33 / Chapter 15 / Section 33-1509
33-1509 SCHOOL BUS DRIVERS — DEFINITION — QUALIFICATION — DUTIES — LIABILITY.
Status: in_force

33-1509. School bus drivers — Definition — Qualification — Duties — liability. For the purpose of this chapter, the term "school bus driver" shall mean any person who at any time is operating a school bus or authorized vehicle while transporting pupils to or from school, or to or from approved school activities.

A board of trustees shall employ school bus drivers only upon prior application in writing, and the board shall require of school bus drivers employed by others who transport pupils of their district under contract the same information required in such written application. Each application shall contain at least the minimum information specified by the state department of education.

Any person employed as a school bus driver shall be over the age of eighteen (18) years, be of good moral character and not addicted to the use of intoxicants or narcotics. School bus drivers shall meet the physical examination standards of the federal motor carrier safety regulations. Provided however, that individuals with insulin-dependent diabetes mellitus, who are otherwise medically qualified under the physical examination standards of the federal motor carrier safety regulations, may request a waiver for this condition from the state department of education. If the applicant meets the requirements as specified in subsections (1) through (7) of this section, the department shall grant a waiver. The department shall notify each applicant and each affected school district of its determination of eligibility with regard to each application for a waiver. An applicant shall:

(1) Document that he has no other disqualifying conditions including diabetes-related complications;

(2) Document that he has had no recurring, two (2) or more, hypoglycemic reactions resulting in a loss of consciousness or seizure within the past five (5) years. A period of one (1) year of demonstrated stability is required following the first episode of hypoglycemia;

(3) Document that he has had no recurrent hypoglycemic reactions requiring the assistance of another person within the past five (5) years. A period of one (1) year of demonstrated stability is required following the first episode of hypoglycemia;

(4) Document that he has had no recurrent hypoglycemic reactions resulting in impaired cognitive function that occurred without warning symptoms within the past five (5) years. A period of one (1) year of demonstrated stability is required following the first episode of hypoglycemia;

(5) Document that he has been examined by a board-certified or board-eligible endocrinologist who has conducted a complete medical examination. The complete medical examination shall consist of a comprehensive evaluation of the applicant's medical history and current status with a report including the following information:

(a) The date insulin use began;

(b) Diabetes diagnosis and disease history;

(c) Hospitalization records;

(d) Consultation notes for diagnostic examinations;

(e) Special studies pertaining to the diabetes;

(f) Follow-up reports;

(g) Reports of any hypoglycemic insulin reactions within the last five (5) years;

(h) Two (2) measures of glycosylated hemoglobin, the first ninety (90) days before the last and current measure;

(i) Insulin dosages and types, diet utilized for control and any significant factors such as smoking, alcohol use, and other medications or drugs taken; and

(j) Examinations to detect any peripheral neuropathy or circulatory insufficiency of the extremities;

(6) Submit a signed statement from an examining endocrinologist indicating the following medical determinations:

(a) The endocrinologist is familiar with the applicant's medical history for the past five (5) years, either through actual treatment over that time or through consultation with a physician who has treated the applicant during that time;

(b) The applicant has been educated in diabetes and its management, thoroughly informed of and understands the procedures which must be followed to monitor and manage the applicant's diabetes and what procedures should be followed if complications arise; and

(c) The applicant has the ability and has demonstrated willingness to properly monitor and manage the applicant's diabetes; and

(7) Submit a separate signed statement from an ophthalmologist or optometrist that the applicant has been examined and that the applicant does not have diabetic retinopathy and meets the vision standard in 49 CFR 391.41(b)(10), or has been issued a valid medical exemption. If the applicant has any evidence of diabetic retinopathy, the applicant must be examined by an ophthalmologist and submit a separate signed statement from the ophthalmologist that the applicant does not have unstable advancing disease of blood vessels in the retina, known as unstable proliferative diabetic retinopathy.

Before entering upon his duties, each school bus driver shall file with the board of trustees a current health certificate. Subsequent health certificates shall be filed with the frequency required by the federal motor carrier safety regulations. School bus drivers shall be physically able to perform all job-related duties.

Each school bus driver shall at all times possess a valid and appropriate driver's license, including endorsements as specified in section 49-105, Idaho Code, and if applicable, a waiver for insulin-dependent diabetes mellitus issued by the state department of education.

Each school bus driver shall maintain such route books and other records as may be required by the state department of education or by the board of trustees of the school district. The school bus driver shall report any pupil whose behavior is such as may endanger the operation of the vehicle, or who damages the same or any part thereof, or whose language is obscene.

It shall be the duty of each school bus driver to report any condition on, or bordering, his route which constitutes a hazard to the safety of the pupils being transported.

The state department of education shall promulgate rules as necessary for the determination of eligibility and issuance of a waiver to individuals with insulin-dependent diabetes mellitus in accordance with the provisions of this section.

(8) While within the course and scope of his or her duties, a school bus driver shall not be civilly or criminally liable for reasonably acting to aid a rider on the bus whom the school bus driver reasonably believes to be in imminent danger of harm or injury.

History:

[33-1509, added 1963, ch. 13, sec. 87, p. 27; am. 1982, ch. 92, sec. 7, p. 173; am. 1985, ch. 107, sec. 15, p. 208; am. 1989, ch. 88, sec. 69, p. 209; am. 1993, ch. 56, sec. 1, p. 153; am. 2000, ch. 426, sec. 2, p. 1379; am. 2004, ch. 218, sec. 1, p. 653; am. 2014, ch. 286, sec. 1, p. 725; am. 2025, ch. 278, sec. 6, p. 1180.]
Idaho Code § 33-110 — Idaho Code / Title 33 / Chapter 1 / Section 33-110
33-110 AGENCY TO NEGOTIATE, AND ACCEPT, FEDERAL ASSISTANCE.
Status: in_force

33-110. Agency to negotiate, and accept, federal assistance. The state board is designated as the state educational agency which is authorized to negotiate, and contract with, the federal government, and to accept financial or other assistance from the federal government or any agency thereof, under such terms and conditions as may be prescribed by congressional enactment designed to further the cause of education.

History:

[33-110, added 1963, ch. 13, sec. 10, p. 27.]
Idaho Code § 33-5218 — Idaho Code / Title 33 / Chapter 52 / Section 33-5218
33-5218 PUBLIC CHARTER SCHOOL FACILITIES PROGRAM.
Status: in_force

33-5218. PUBLIC CHARTER SCHOOL FACILITIES PROGRAM. (1) Legislative intent. It is the intent of the legislature, in recognition that providing Idaho students with a thorough education is an essential public purpose of the state, to support public charter schools by providing a mechanism to obtain favorable financing on bonds so that less money is obligated toward interest payments and more money remains in public charter schools for the benefit of Idaho's students. There is hereby created the public charter school facilities program to assist qualifying charter schools in obtaining favorable financing on bonds for facility improvements and construction.

(2) Eligibility. A public charter school seeking to use the public charter school facilities program shall receive approval from the Idaho housing and finance association pursuant to requirements for issuance of nonprofit facility bonds and to satisfaction of the criteria set forth in this section. To qualify, a public charter school shall submit the following documentation to the Idaho housing and finance association:

(a) A letter of commitment from one (1) of the following:

(i) A national or state-chartered financial institution;

(ii) A community development financial institution; or

(iii) A qualified underwriter or an investment firm;

(b) Evidence that the public charter school has been in academic, operational, and financial good standing according to its authorizer for each of the previous three (3) years;

(c) Annual budgets and cash flow statements projecting that the cost to operate the proposed facility, including future debt service, future occupancy cost, and facility operating expenses, will not exceed twenty percent (20%) of ongoing revenues;

(d) Evidence that the school has operating reserves greater than sixty (60) days of cash on hand and a debt service coverage ratio equal to or greater than one and two-tenths (1.2);

(e) An audit opinion or opinions demonstrating:

(i) An unqualified audit opinion, or a qualified opinion qualified only on the basis of not reporting the actuarial value of the PERSI sick leave plan pursuant to statement no. 45 of the governmental accounting standards board;

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

(iii) An audit that does not include a going concern disclosure in the notes or an explanatory paragraph within the audit report for three (3) consecutive years;

(f) Certification from a public charter school's board chair or treasurer that projected future budgets and cash flows are based on reasonable assumptions related to level or increasing projected enrollment or waitlist and projected total income, including any matching funds and donations contingent on receipt of a loan under this section;

(g) Evidence of strong academic results, including above-state average growth or proficiency on the Idaho standards achievement test. A public charter school with enrollment comprised of one hundred percent (100%) at-risk students as defined by section 33-1001(3), Idaho Code, is exempt from this requirement; and

(h) Any additional information requested by the Idaho housing and finance association.

(3) Approval to participate. Upon receipt of documentation satisfying the criteria set forth in subsection (2) of this section, the Idaho housing and finance association shall notify the public charter school and the state treasurer that the school has been approved to participate in the public charter school facilities program if:

(a) The public charter school complies with the requirements set forth in subsection (4) of this section; and

(b) The public charter school's participation would not cause a violation of the limitations set forth in subsection (8) of this section.

Additional requirements and security interests may be imposed by agreement of the school and bondholder or trustee.

(4) Restricted debt service reserve account.

(a) A school participating in the public charter school facilities program shall agree to have deposited a minimum of twelve (12) months' payment on principal and interest in a restricted debt service reserve account established and held by the bondholder or trustee.

(b) Except as provided in paragraph (c) of this subsection, money in a participating public charter school's restricted debt service reserve account may not be withdrawn if the amount withdrawn would reduce the level of money in the account to less than twelve (12) months' payment on principal and interest.

(c) As long as applicable bonds issued under the facilities program remain outstanding, money in a restricted debt service reserve account may be withdrawn in an amount that would reduce the level to less than twelve (12) months' payment on principal and interest if the money is withdrawn for the purpose of:

(i) Paying the principal, redemption price, or interest on a bond when due if the state payments intercepted pursuant to subsection (5) of this section, plus funded grants and other revenues pledged by the participating public charter school for payment of the bond, are insufficient to make the payment; or

(ii) Paying any redemption premium required to be paid when the bonds are redeemed prior to maturity if no bonds will remain outstanding.

(5) Intercept. As a requirement to participate in the public charter school facilities program, a participating public charter school shall provide a directive to the Idaho department of education that all payments to the school pursuant to the state educational support program shall be paid directly to the bond trustee to set aside funds in accordance with the bond indenture. All remaining funds shall be forwarded to the public charter school. The payment directive required in this subsection may not be revoked or amended.

(6) Public charter school facilities program fund. There is hereby established in the state treasury the public charter school facilities program fund, which shall consist of moneys made available through appropriations, fees, grants, gifts, or any other source to fulfill the purposes of this section. Moneys in the fund are hereby continuously appropriated for the purposes of this section and shall be expended only for the purposes stated herein. Any interest earned on the investment of idle moneys in the public charter school facilities program fund shall be returned to the public charter school facilities program fund. Schools participating in the public charter school facilities program shall pay a onetime fee in an amount equal to one-half percent (0.5%) of par at the time of issuance and an annual fee in an amount equal to seventy-five thousandths percent (0.075%) on the outstanding balance, which shall be deposited in the public charter school facilities program fund.

(7) Nonpayment.

(a) If a public charter school participating in the public charter school facilities program has defaulted on its obligation to pay, a draw on its restricted debt service reserve account shall be made, then the following shall occur:

(i) The bond trustee shall exercise its remedies under the bond indenture and loan agreement.

(ii) Within ten (10) days following the withdrawal from the restricted debt service account, the bondholder or trustee shall notify the Idaho housing and finance association, the state treasurer, and the state controller of the shortfall in the school's restricted debt service reserve account.

(iii) Within fifteen (15) days of the notice provided pursuant to subparagraph (ii) of this paragraph, the controller shall transfer, from the public charter school facilities program fund set forth in subsection (6) of this section, to the public school income fund and then to the school's restricted debt service reserve account an amount equal to one (1) month's interest on the bonds based on the interest payments for which the draw on the restricted debt service reserve account occurred. Moneys transferred to the public school income fund pursuant to this subparagraph shall be continuously appropriated for such purposes.

(iv) By December 1 of each year, the treasurer shall submit to the governor a letter certifying the amount, if any, required to restore amounts on deposit in the restricted debt service reserve accounts of participating public charter schools and the public charter school facilities program fund. The governor shall send to the legislature a statement of the expenditure of moneys from the public charter school facilities program fund as specified in section 8, article IV of the Idaho constitution and report the amount needed to restore funds in the restricted debt service reserve accounts to the amount required in subsection (4)(b) of this section. The legislature may appropriate money to restore amounts on deposit in the restricted debt service reserve account of a defaulting public charter school to the amounts required in subsection (4)(b) of this section or to redeem all outstanding bonds issued for a defaulting public charter school, the source of which may be the public charter school facilities program fund or any other available funds. The legislature may also appropriate money to restore amounts withdrawn from the public charter school facilities program fund.

(b) Repayment. If money has been withdrawn from the public charter school facilities program fund pursuant to paragraph (a) of this subsection, the school shall repay the fund from the school's allocation of facilities funds pursuant to section 33-5208(5), Idaho Code, at a time agreed to by the superintendent of public instruction over a period of years until the amount so withdrawn has been repaid to the public charter school facilities program fund, as long as the repayment does not cause an event of default on a facility lease or loan.

(8) Limitations.

(a) Bonds issued for the benefit of public charter schools using the public charter school facilities program shall not be indebtedness of the state, but are special obligations payable solely from:

(i) Revenues or other funds pledged by the qualifying public charter school; and

(ii) Amounts appropriated by the legislature pursuant to subsection (7) of this section.

(b) The Idaho housing and finance association may not use the public charter school facilities program when issuing bonds for a public charter school under the facilities program if the total par amount outstanding under the facilities program as of the proposed closing date of the bonds to be issued, plus the par amount of the bonds to be issued, would cause the maximum aggregate annual debt service of all bonds outstanding under the facilities program to exceed the amount in the public charter school facilities program fund.

(c) Bonds issued under the public charter school facilities program shall not be subordinate to any other obligations used to finance the same project.

History:

[33-5218, added 2019, ch. 291, sec. 1, p. 861; am. 2023, ch. 118, sec. 1, p. 339; am. 2025, ch. 190, sec. 1, p. 884.]
Idaho Code § 33-3507 — Idaho Code / Title 33 / Chapter 35 / Section 33-3507
33-3507 RELIGIOUS SERVICES.
Status: in_force

33-3507. Religious services. The superintendent shall provide for the holding of religious services on the Sabbath Day for the inmates of said school, such services to be conducted by ministers of the several religious denominations to which the inmates may belong.

History:

[33-3507, added 1963, ch. 168, sec. 7, p. 486.]
Idaho Code § 33-2602 — Idaho Code / Title 33 / Chapter 26 / Section 33-2602
33-2602 DEFINITIONS.
Status: in_force

33-2602. Definitions. Unless a different meaning plainly is required in this chapter:

(1) "Nonpartisan" means not controlled or influenced by any single political party.

(2) "Board" means the group of trustees who manage the library.

(3) "Mayor" means the elected chief municipal officer of a city.

(4) "City manager" means a person appointed as chief municipal administrator by a city council.

(5) "City council" means the legislative body of a city.

History:

[33-2602, added 1993, ch. 186, sec. 3, p. 468.]
Idaho Code § 33-517A — Idaho Code / Title 33 / Chapter 5 / Section 33-517A
33-517A SCHOOL DISTRICTS — NONCERTIFICATED EMPLOYEES — GROUP HEALTH INSURANCE.
Status: in_force

33-517A. School districts — Noncertificated employees — Group health insurance. The board of trustees of each school district, including any specially chartered district, shall provide the same group health insurance benefits to all noncertificated employees who work twenty (20) hours or more per week, as provided to certificated employees.

History:

[33-517A, added 1994, ch. 282, sec. 1, p. 883.]
Idaho Code § 33-1611 — Idaho Code / Title 33 / Chapter 16 / Section 33-1611
33-1611 EXCUSING CHILDREN FROM INSTRUCTION IN SEX EDUCATION.
Status: in_force

33-1611. Excusing children from instruction in sex education. Any parent or legal guardian who wishes to have his child excused from any planned instruction in sex education may do so upon filing a written request to the school district board of trustees and the board of trustees shall make available the appropriate forms for such request. Alternative educational endeavors shall be provided for those excused.

History:

[33-1611, added 1970, ch. 119, sec. 4, p. 282.]
Idaho Code § 33-7002 — Idaho Code / Title 33 / Chapter 70 / Section 33-7002
33-7002 DEFINITIONS.
Status: in_force

33-7002. definitions. For the purpose of this chapter:

(1) "Generative artificial intelligence" or "generative AI" means artificial intelligence models that use machine learning and are trained on large volumes of data that can generate new content. When prompted, generative AI can create various outputs, including text, images, videos, computer code, and music. Generative AI does not include artificial intelligence models that have the primary goal of classifying data, such as those used in automated vehicles.

(2) "Generative artificial intelligence in education" means the responsible use of generative artificial intelligence technologies to support instruction, enhance student engagement, personalize learning, improve administrative efficiency, or assist educator decision-making while ensuring that human judgment remains the final authority.

History:

[33-7002, added 2026, ch. 71, sec. 1, p. 309.]
Idaho Code § 33-310A — Idaho Code / Title 33 / Chapter 3 / Section 33-310A
33-310A CONSOLIDATION OF CONTIGUOUS SCHOOL DISTRICTS.
Status: in_force

33-310A. Consolidation of contiguous school districts. In addition to the procedure contained in section 33-310, Idaho Code:

A. five per cent (5%) or more of the registered voters from each of two (2) or more contiguous school districts, when such districts coincide with election precincts, or,

B. a number of registered voters equal to fifteen per cent (15%) or more of the aggregate number of votes cast at the last three (3) elections for school trustees in each of the school districts, may petition in writing proposing the consolidation of their districts into a single new district. One (1) copy of such petition shall be presented to the board of trustees of each district included in the proposed consolidation. The petition shall contain:

1. The names and addresses of the petitioners;

2. A map or maps showing the boundaries of the proposed new district, the boundaries of the component consolidating districts, the location of existing schoolhouses or other facilities of the component districts, the proposed trustee zones, and the proposed transportation routes, if any.

When the petitions are received by the boards of trustees, the provisions of section 33-310, Idaho Code, shall become mandatory upon the boards so affected. The petitioners shall have the right to cooperate in the formulation of the proposed consolidated school district with the board of trustees of each school district affected thereby. The provisions of section 33-310, Idaho Code, shall be complied with and the proposed consolidation together with the testimony given at the public hearings shall be submitted to the state board of education within three (3) months after the first meeting of the combined boards and the petitioners. The first meeting of the combined boards and the petitioners shall be within fifteen (15) days after the petitions are submitted by the petitioners.

History:

[I.C., sec. 33-310A, as added by 1970, ch. 86, sec. 1, p. 210.]
Idaho Code § 33-2816 — Idaho Code / Title 33 / Chapter 28 / Section 33-2816
33-2816 WOMEN STUDENTS ADMITTED.
Status: in_force

33-2816. Women students admitted. The university shall be open to female as well as male students, under such regulations and restrictions as the board of regents may deem proper.

History:

[(33-2816) 1888-1889, p. 21, sec. 11; reen. R.C. & C.L., sec. 498; C.S., sec. 1068; I.C.A., sec. 32-2315.]
Idaho Code § 33-2119 — Idaho Code / Title 33 / Chapter 21 / Section 33-2119
33-2119 APPOINTMENT, QUALIFICATIONS AND TENURE OF COMMISSIONERS.
Status: in_force

33-2119. Appointment, qualifications and tenure of commissioners. When the board of trustees of a junior college district adopts a resolution as set forth in the preceding section, the clerk of said board shall promptly transmit a certified copy of said resolution to the governor of the state of Idaho, and the governor shall promptly thereafter appoint three (3) persons as commissioners of the commission created for said district. The governor shall certify to the clerk of the district the names of the persons so appointed, and the clerk shall notify said persons in writing of their appointment and the term for which each of them is appointed. The commissioners who are first appointed shall be designated to serve for terms of one (1), two (2) and three (3) years respectively, from the date of their appointment, but thereafter commissioners shall be appointed as aforesaid for a term of office of 3 years, except that all vacancies shall be filled for the unexpired term. No commissioner may be an officer of employee of the junior college district for which the commission is created. A commissioner shall hold office until his successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk, and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner. A commissioner shall receive no compensation for his services for the authority in any capacity, but he shall be entitled to the necessary expenses, including travel expenses, incurred in the discharge of his duties.

The powers of each commission shall be vested in the commissioners thereof in office from time to time. Two (2) commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of a majority of the commissioners present. The by-laws of the commission shall designate which of the commissioners appointed shall be the first chairman, and such chairman shall serve in the capacity of chairman until the expiration of his term of office as commissioner. When the office of the chairman thereafter becomes vacant, the commissioners shall select a chairman from their number. The commissioners shall select from their number a vice-chairman, and may employ a secretary (who may be executive director), technical experts and such other officers, agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. The persons employed by the commission may be employees of the junior college district but shall not be trustees of the district. For such legal services as it may require, the commission may employ its own counsel. The commission may delegate to one (1) or more of its agents or employees such powers or duties as it may deem proper.

History:

[33-2119, added 1957, ch. 87, sec. 4, p. 137.]
Idaho Code § 33-144 — Idaho Code / Title 33 / Chapter 1 / Section 33-144
33-144 PARTICIPATION IN FEDERAL TAX CREDIT SCHOLARSHIP PROGRAM.
Status: in_force

33-144. PARTICIPATION IN FEDERAL TAX CREDIT SCHOLARSHIP PROGRAM. (1) The state of Idaho hereby elects to participate in the federal tax credit scholarship program established under section 70411, P.L. 119-21.

(2) The state department of education shall:

(a) No later than the first day of January of each year, submit to the United States secretary of the treasury and publish on the department's website a list of qualified scholarship granting organizations that meet the requirements under section 70411, P.L. 119-21, and are located in this state;

(b) Certify to the United States secretary of the treasury the state department of education's authority to submit the list on behalf of the state;

(c) Accept submissions from scholarship granting organizations throughout the year for inclusion on the list submitted pursuant to paragraph (a) of this subsection; and

(d) Comply with any other requirement under section 70411, P.L. 119-21, including any applicable federal regulations or guidance, to ensure that the state is eligible to participate in taxable years beginning in tax year 2027.

History:

[33-144, added 2026, ch. 72, sec. 1, p. 311.]
Idaho Code § 33-805 — Idaho Code / Title 33 / Chapter 8 / Section 33-805
33-805 SCHOOL EMERGENCY FUND LEVY.
Status: in_force

33-805. School emergency fund levy. Before the second Monday of September in each year, the board of trustees of any school district which qualifies under the provisions of this section may certify its need hereunder to the board of county commissioners in each county in which the district may lie, and request a school emergency fund levy upon all taxable property in the district.

The board of trustees shall compute the number of pupils in average daily attendance in the schools of the district as of such date, and if there be pupils in average daily attendance above the number in average daily attendance for the same period of the school year immediately preceding the board shall:

1. Divide the total of the foundation program allowance based on said last annual report by the total number of pupils in average daily attendance shown thereon;

2. Multiply the quotient so derived by the number of additional pupils in average daily attendance.

The number of pupils in average daily attendance for each period and the amount so computed shall be certified to the board of county commissioners of the county in which the district lies.

In the case of a joint district, the board of trustees shall certify to the board of county commissioners of each county in which the district lies, to each, that proportion of the amount computed, as hereinabove, as the assessed value of taxable property within the district situate in each such county bears to the total assessed value of all taxable property in the district.

After receiving the amounts certified, as hereinabove provided, the board, or boards, of county commissioners shall determine the levy according to section 63-805(3), Idaho Code, as amended; and the proceeds of any such levy shall be credited to the general fund of the district.

The school district shall advertise its intent to seek an emergency levy pursuant to this section by publishing in at least the newspaper of largest paid circulation published in the county of the district, or if there is no such newspaper, then in a newspaper published nearest to the district where the advertisement is required to be published. For purposes of this section, the definition of "newspaper" shall be as established in sections 60-106 and 60-107, Idaho Code; provided further that the newspaper of largest circulation shall be established by the statement of average annual paid weekday circulation listed on the newspaper's sworn statement of ownership that was filed with the United States post office on a date most recently preceding the date on which the advertisement required in this section is to be published. The advertisement shall be run when the school district ascertains that it will request an emergency school fund levy as provided in this section and shall be published once a week for two (2) weeks following action by the board of trustees.

The form and content of the notice shall be substantially as follows:

NOTICE OF PROPERTY TAX INCREASE BY SCHOOL BOARD

The (name of the school district) has proposed to increase the amount of ad valorem tax dollars it collects by certifying a school emergency fund levy pursuant to section 33-805, Idaho Code, for the period …….. to ……… . The total amount of dollars to be collected pursuant to this levy is estimated to be ………. . The amount of dollars to be collected pursuant to this levy on a typical home of $50,000 taxable value of last year is estimated to be …….. . The amount of dollars to be collected pursuant to this levy on a typical farm of $100,000 taxable last year is estimated to be ……. . The amount of dollars to be collected pursuant to this levy on a typical business of $200,000 taxable value of last year is estimated to be ……. .

CAUTION TO TAXPAYER: The amounts shown in this schedule do NOT reflect tax charges that are made because of voter approved bond levies, override levies, supplemental levies, or levies applicable to newly annexed property. Also the amounts shown in this schedule are an estimate only and can vary with the amount of dollars and the levy amount certified and the taxable value of individual property.

History:

[33-805, added 1963, ch. 13, sec. 94, p. 27; am. 1963, ch. 311, sec. 1, p. 835; am. 1963, ch. 322, sec. 6, p. 919; am. 1971, ch. 30, sec. 1, p. 74; am. 1992, ch. 276, sec. 2, p. 851; am. 1996, ch. 322, sec. 22, p. 1048.]
Idaho Code § 33-6402 — Idaho Code / Title 33 / Chapter 64 / Section 33-6402
33-6402 CREDIT FOR EXTENDED LEARNING OPPORTUNITIES — POLICIES.
Status: in_force

33-6402. credit for extended learning opportunities — policies. (1) A student may request credit for an extended learning opportunity. If the extended learning opportunity is approved:

(a) By the student's school district or public charter school, then the student shall receive credit toward:

(i) District- or school-specific graduation requirements, if the student is a middle level or high school student; or

(ii) Mastery toward required skills or district- or school-specific standards, if the student is an elementary student; or

(b) By the state board of education, then the student shall receive credit toward:

(i) State graduation requirements, if the student is a middle level or high school student; or

(ii) Mastery toward required skills or state standards, if the student is an elementary student.

(2) Each school district and public charter school shall adopt an extended learning opportunities policy to:

(a) Provide a process through which entities may apply to offer extended learning opportunities that will qualify for credit;

(b) Define which entities are eligible to submit applications to offer extended learning opportunities. These entities may include but are not limited to:

(i) Nonprofit organizations;

(ii) Businesses with established locations in the state;

(iii) Trade associations; and

(iv) For middle level or high school students, the United States armed forces;

(c) Provide for a process through which a student may request credit for an extended learning opportunity; and

(d) Define criteria that the school district or public charter school will use to determine whether a proposed extended learning opportunity qualifies for credit toward:

(i) Core of instruction graduation requirements;

(ii) Electives; or

(iii) Required skills or standards.

(3) The state board of education shall adopt a policy regarding extended learning opportunities.

(4) A school district or a public charter school may award elective credit for an extended learning opportunity that did not qualify for credit toward core of instruction graduation requirements.

(5) Credit earned outside of school may not be used to calculate average daily attendance or enrollment for school funding purposes.

History:

[33-6402, added 2021, ch. 138, sec. 1, p. 385.]
Idaho Code § 33-1006 — Idaho Code / Title 33 / Chapter 10 / Section 33-1006
33-1006 TRANSPORTATION SUPPORT PROGRAM.
Status: in_force

33-1006. Transportation support program. (1) The state board of education shall determine what costs of transporting pupils, including maintenance, operation and depreciation of basic vehicles, insurance, payments under contract with other public transportation providers whose vehicles used to transport pupils comply with federal transit administration regulations, "bus testing," 49 CFR part 665, and any revision thereto, as provided in subsection (4)(d) of this section, or other state department of education-approved private transportation providers, salaries of drivers, and any other costs, shall be allowable in computing the transportation support program of authorized transportation operations.

(2) Any costs associated with the addition of vehicle features that are not part of the basic vehicle shall not be allowable in computing the transportation support program of an authorized transportation operation. A basic vehicle is hereby defined as the cost of the vehicle without optional features, plus the addition of essential safety features and features necessary for the transportation of pupils with disabilities.

(3) Each authorized transportation operation shall maintain records and make reports as are required for the purposes of this section.

(4) The transportation support program of an authorized transportation operation shall be based upon the allowable costs of:

(a) Transporting public school pupils one and one-half (1 1/2) miles or more to school;

(b) Transporting pupils less than one and one-half (1 1/2) miles as provided in section 33-1501, Idaho Code, when approved by the state board of education;

(c) Payments when transportation is not furnished, as provided in section 33-1503, Idaho Code;

(d) The transportation program for kindergarten through grade 12, upon the costs of payments pursuant to a contract with other public or private transportation providers entered into as provided in section 33-1510, Idaho Code, if the authorized transportation operation establishes that the reimbursable costs of transportation under the contract are equal to or less than the costs for school buses;

(e) The employer's share of contributions to the public employee retirement system and to social security; and

(f) Providing transportation to and from approved school activities as may be approved by the rules of the state board of education.

(5) The state's share of the transportation support program shall be fifty percent (50%) of reimbursable transportation costs incurred by the authorized transportation operation during the immediately preceding state fiscal year, except for the cost of state department of education training and fee assessments and bus depreciation and maintenance, for which the state's share shall be eighty-five percent (85%) of such costs. The state's share for authorized transportation operations that contract for pupil transportation services shall be the average state share of costs for authorized transportation operations that are school district-run operations, based on the statewide total of such costs. Provided however, that the reimbursable costs for any authorized transportation operation shall not exceed one hundred three percent (103%) of the statewide average reimbursable cost per mile or the statewide average reimbursable cost per student rider, whichever is more advantageous to the authorized transportation provider. If an authorized transportation operation's costs exceed the one hundred three percent (103%) limit when computed by the more advantageous of the two (2) methods, that authorized transportation operation shall be reimbursed at the appropriate percentage designated by this subsection, multiplied by the maximum limit for whichever method is more favorable to the authorized transportation operation. An authorized transportation operation may appeal the application of the one hundred three percent (103%) limit on reimbursable costs to the state board of education, which may establish for that authorized transportation operation a new percentile limit for reimbursable costs compared to the statewide average, which is higher than one hundred three percent (103%). In doing so, the state board of education may set a new limit that is greater than one hundred three percent (103%), but is less than the percentile limit requested by the authorized transportation operation. However, the percentage increase in the one hundred three percent (103%) cap shall not exceed the percentage of the authorized transportation operation's bus runs that qualify as a hardship bus run, pursuant to this subsection. Any costs above the new level established by the state board of education shall not be reimbursed. Such a change shall only be granted by the state board of education for hardship bus runs. To qualify as a hardship bus run, such bus run shall meet at least two (2) of the following criteria:

(a) The number of student riders per mile is less than fifty percent (50%) of the statewide average number of student riders per mile;

(b) Less than a majority of the miles on the bus run are by paved surface, concrete or asphalt road;

(c) Over ten percent (10%) of the miles driven on the bus run are a five percent (5%) slope or greater.

(6) Beginning on July 1, 2005, any eligible home-based public virtual school may claim transportation reimbursement for the prior fiscal year's cost of providing educational services to students. In order to be eligible, such a school shall have at least one (1) average daily attendance divisor, pursuant to section 33-1002, Idaho Code, that is greater than the median divisor shown for any category of pupils, among the actual divisors listed. For the purposes of paragraphs (a), (b) and (c) of this subsection, "education provider" means the home-based public virtual school or an entity that has legally contracted with the home-based public virtual school to supply education services. Reimbursable costs shall be limited to the costs of:

(a) Providing an internet connection service between the student and the education provider, not including the cost of telephone service;

(b) Providing electronic and computer equipment used by the student to transmit educational material between the student and the education provider;

(c) Providing a toll-free telephone service for students to communicate with the education provider;

(d) Providing education-related, face-to-face visits by representatives of the home-based public virtual school, with such reimbursements limited to the mileage costs set for state employee travel by the state board of examiners; and

(e) Any actual pupil transportation costs that would be reimbursable if claimed by an authorized transportation operation that is a school district.

The total reimbursement for such home-based public virtual schools shall be exempt from the statewide average cost per mile limitations of this section. The state's share of reimbursable costs shall be eighty-five percent (85%), subject to the statewide cost per student rider provisions of this section. For the purposes of such home-based public virtual school, the number of student riders shall be the same as the number of pupils in average daily attendance.

(7) The state department of education shall calculate the amount of state funds lost in fiscal year 2010 by each authorized transportation operation as a result of the decrease in the state reimbursement from eighty-five percent (85%) to fifty percent (50%) of certain eligible costs, including the reduction calculated for authorized transportation operations that contract for pupil transportation services, and excluding any reductions made due to the limitation on reimbursable expenses, all pursuant to subsection (5) of this section. The amount so calculated shall be distributed to each authorized transportation operation in fiscal year 2010. For each fiscal year thereafter, the amount distributed pursuant to this subsection for each authorized transportation operation shall be determined as follows:

(a) Divide the amount distributed to the authorized transportation operation pursuant to this subsection in fiscal year 2010 by the authorized transportation operation's support units for fiscal year 2010;

(b) Multiply the result of the calculation found in paragraph (a) of this subsection by the number of support units in the current fiscal year, excluding any support units attributable to students educated primarily through home-based or virtual means;

(c) Determine the percentage change in statewide transportation reimbursements as provided for in subsection (5) of this section since fiscal year 2010;

(d) Determine the percentage change in statewide student enrollment since fiscal year 2010;

(e) Subtract the result of the calculation found in paragraph (d) of this subsection from the result of the calculation found in paragraph (c) of this subsection;

(f) Adjust the result of the calculation found in paragraph (b) of this subsection by the percentage result from paragraph (e) of this subsection.

For authorized transportation operations that are school districts that divided after fiscal year 2010, the calculation in paragraph (a) of this subsection shall still be based on the fiscal year 2010 figures for the formerly consolidated district. For authorized transportation operations that are public charter schools beginning operations on or after July 1, 2009, all calculations in this subsection that are based on fiscal year 2010 shall instead be based on the public charter school's first fiscal year of operations. For public charter schools beginning authorized transportation operations before July 1, 2009, that received a transportation distribution of less than three thousand dollars ($3,000) in the 2010 fiscal year, all calculations in this subsection that are based on fiscal year 2010 shall instead be based on the public charter school's first fiscal year of full operations after the 2010 fiscal year. For the purposes of this subsection, the support units used shall be the number used for calculating salary-based apportionment. Funds distributed pursuant to this subsection shall be used to defray the cost of pupil transportation. If the amount distributed is in excess of an authorized transportation operation's actual pupil transportation costs, less any state reimbursements provided by subsection (5) of this section, the excess funds may be used at the authorized transportation operation's discretion.

(8) Notwithstanding the provisions of subsection (5) of this section, the state's share of the transportation support program will be based on reimbursable transportation costs incurred by an authorized transportation provider during the state fiscal year prior to the immediately preceding state fiscal year if, during the immediately preceding state fiscal year:

(a) An emergency occurred in the state or in the area where the authorized transportation operation is located. For purposes of this subsection, an emergency includes but is not limited to school closures caused by extreme weather conditions, a fire, an epidemic, or pollution of air or water; and

(b) As a direct result of such emergency, the reimbursable transportation costs of an authorized transportation operation decreased by at least ten percent (10%) from the prior fiscal year.

(9) Notwithstanding any provisions of law to the contrary, for the duration of an emergency described in subsection (8) of this section, the miles for which transportation costs may be reimbursed will be miles:

(a) Directly associated with transporting students for the purpose of school attendance during regular days and hours; or

(b) Related to the delivery of food, delivery of instructional materials, or other trips supporting the continuation of educational services.

(10) As used in this section, "authorized transportation operation" means a school district or public charter school transportation program authorized by the state department of education that may include the use of any vehicles authorized pursuant to chapter 15, title 33, Idaho Code.

History:

[33-1006, added 1963, ch. 13, sec. 130, p. 27; am. 1969, ch. 198, sec. 1, p. 582; am. 1974, ch. 207, sec. 1, p. 1536; am. 1979, ch. 254, sec. 8, p. 670; am. 1980, ch. 179, sec. 7, p. 390; am. 1994, ch. 428, sec. 11, p. 1379; am. 1997, ch. 281, sec. 1, p. 853; am. 2003, ch. 372, sec. 11, p. 993; am. 2004, ch. 370, sec. 1, p. 1095; am. 2007, ch. 352, sec. 10, p. 1040; am. 2009, ch. 284, sec. 1, p. 852; am. 2010, ch. 234, sec. 33, p. 537; am. 2012, ch. 52, sec. 1, p. 148; am. 2013, ch. 168, sec. 1, p. 386; am. 2017, ch. 117, sec. 1, p. 268; am. 2021, ch. 248, sec. 1, p. 771; am. 2025, ch. 278, sec. 1, p. 1175; am. 2026, ch. 172, sec. 1, p. 801.]
Idaho Code § 33-1802 — Idaho Code / Title 33 / Chapter 18 / Section 33-1802
33-1802 DEFINITIONS.
Status: in_force

33-1802. definitions. As used in this chapter:

(1) "Dyslexia" means a specific learning challenge that is neurological in origin. It is characterized by difficulties with accurate or fluent, or both, word recognition and by poor spelling and decoding abilities, which typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction.

(2) "Dyslexia screening tools" means assessments in the areas of phonological awareness skills, phonemic decoding efficiency, rapid automatic naming skills, encoding ability, and sight work reading efficiency skills in order to identify students that demonstrate characteristics of dyslexia or other reading difficulties.

(3) "Idaho comprehensive literacy plan" means the state board of education-approved, evidence-based plan outlining the minimum statewide literacy comprehension expectations and framework. This plan shall include details on data literacy, the statewide reading assessment, and best practices.

(4) "Local education agency" or "LEA" means a school district, including charter school districts, or a public charter school identified as an LEA pursuant to chapter 52, title 33, Idaho Code.

(5) "Statewide reading assessment" means the state board of education-approved assessment for facilitating continuous improvement, tailoring student-level instruction, and providing summative results.

History:

[33-1802, added 2021, ch. 292, sec. 5, p. 874; am. 2022, ch. 169, sec. 1, p. 562.]
Idaho Code § 33-5004 — Idaho Code / Title 33 / Chapter 50 / Section 33-5004
33-5004 APPROPRIATION FOR EXPENDITURE OR ACCUMULATION OF ENDOWMENT FUND — RULES OF CONSTRUCTION.
Status: in_force

33-5004. Appropriation for expenditure or accumulation of endowment fund — Rules of construction. (1) Subject to the intent of a donor expressed in the gift instrument, an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution determines is prudent for the uses, benefits, purposes and duration for which the endowment fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment fund are donor restricted assets until appropriated for expenditure by the institution. In making a determination to appropriate or accumulate, the institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, and shall consider, if relevant, the following factors:

(a) The duration and preservation of the endowment fund;

(b) The purposes of the institution and the endowment fund;

(c) General economic conditions;

(d) The possible effect of inflation or deflation;

(e) The expected total return from income and the appreciation of investments;

(f) Other resources of the institution; and

(g) The investment policy of the institution.

(2) Subject to the provisions of subsection (3) of this section, to limit the authority to appropriate for expenditure or accumulate under subsection (1) of this section, a gift instrument must specifically state the limitation.

(3) Terms in a gift instrument designating a gift as an endowment, or any general or specific direction or authorization in the gift instrument to use only "income," "interest," "dividends" or "rents, issues or profits," or "to preserve the principal intact," or words of similar import, or any direction in such gift instrument relating to measuring permitted distributions to permitted payees by reference to certain types or classes of investment returns, or allocation in such gift instrument of certain types or classes of returns to income or principal:

(a) Create an endowment fund of permanent duration unless other language in the gift instrument limits the duration or purpose of the fund; and

(b) Do not limit the authority to appropriate for expenditure or accumulate under subsection (1) of this section.

History:

[33-5004, added 2007, ch. 173, sec. 2, p. 514; am. 2012, ch. 146, sec. 1, p. 416.]
Idaho Code § 33-3413 — Idaho Code / Title 33 / Chapter 34 / Section 33-3413
33-3413 SECTARIAN TESTS PROHIBITED.
Status: in_force

33-3413. Sectarian tests prohibited. No religious or sectarian tests shall be applied to the admission of students, nor in the selection of instructors or other personnel of the school.

History:

[33-3413, added 2009, ch. 168, sec. 4, p. 509.]
Idaho Code § 33-2717 — Idaho Code / Title 33 / Chapter 27 / Section 33-2717
33-2717 BOARD OF TRUSTEES — ONE NOMINATION — NO ELECTION.
Status: in_force

33-2717. Board of trustees — One nomination — No election. In any election for the office of trustee it is not necessary to conduct an election if:

(1) After the expiration of the date for filing written nominations only one (1) candidate has been nominated for each position to be filled; and, there has been no declaration of intent to be a write-in candidate filed as provided in section 33-2717A, Idaho Code; or

(2) If no candidate has filed a written nomination and only one (1) candidate for each position to be filled has filed a declaration of intent to be a write-in candidate as provided in section 33-2717A, Idaho Code. If either of these conditions are present, the board of trustees shall no later than seven (7) days before the scheduled date of the election declare the candidate elected as trustee, and the clerk of the library board shall immediately make and deliver to this person a certificate of election. The clerk of the library board shall also notify the clerk of the county commissioners of the home county and the commission for libraries. The procedure set forth in this section shall not apply to any other library district election.

History:

[(33-2717) 33-2710A, as added by 1980, ch. 232, sec. 1, p. 513; am. and redesignated 1989, ch. 132, sec. 12, p. 293; am. 1992, ch. 4, sec. 1, p. 9; am. 1995, ch. 119, sec. 10, p. 519; am. 1996, ch. 71, sec. 17, p. 228; am. 2006, ch. 235, sec. 26, p. 715.]
Idaho Code § 33-4105 — Idaho Code / Title 33 / Chapter 41 / Section 33-4105
33-4105 “DESIGNATED STATE OFFICIAL.”
Status: in_force

33-4105. "Designated state official." The "designated state official" shall be the superintendent of public instruction. The superintendent of public instruction shall enter into contracts pursuant to Article III of the agreement only with the approval of the state board of education.

History:

[33-4105, added 1969, ch. 194, sec. 2, p. 565.]
Idaho Code § 33-5217 — Idaho Code / Title 33 / Chapter 52 / Section 33-5217
33-5217 PUBLIC CHARTER SCHOOL REVOLVING LOAN FUND.
Status: in_force

33-5217. PUBLIC CHARTER SCHOOL revolving loan fund. (1) There is hereby established in the state treasury the public charter school revolving loan fund to assist qualifying charter schools in obtaining financing for facility purchases, improvements, and construction. The fund shall consist of moneys made available through appropriations, fees, grants, gifts, interest earned on idle moneys in the fund, and any other source to fulfill the purposes of this section. Moneys in the fund are hereby continuously appropriated for the purposes of this section and shall be expended only for the purposes stated in this section.

(2) Loan issuer. The Idaho housing and finance association shall issue all loans under this section. A public charter school seeking to use the public charter school revolving loan fund must apply for and receive approval from the Idaho housing and finance association to receive a loan under this section. The Idaho housing and finance association shall establish guidelines and procedures for the application, approval, allocation, and repayment of loans issued under this section, consistent with the criteria in this section.

(3) Public charter school eligibility. A public charter school shall be eligible to use the public charter school revolving loan fund only upon satisfaction of the guidelines and procedures established by the Idaho housing and finance association pursuant to subsection (2) of this section and upon satisfaction of the following conditions, as determined by the Idaho housing and financing association:

(a) The public charter school must demonstrate it has obtained one (1) of the following for the remainder of the financing:

(i) A letter of commitment from a national or state-chartered financial institution;

(ii) A letter of commitment from a nonprofit corporation;

(iii) A letter of commitment from a community development financial institution; or

(iv) A letter of commitment from a qualified underwriter or an investment firm;

(b) The public charter school must provide annual budgets and cash flow statements and must also provide:

(i) Projected future budgets throughout the term of the loan, cash flows, and operating reserves to support a debt service coverage greater than 1.20x;

(ii) Facility operation cost estimates, including debt service, occupancy cost, and other facilities-related expenses, which are not to exceed twenty percent (20%) of revenue; and

(iii) Certification from a school administrator that projected future budgets and cash flows are based on reasonable assumptions related to level or increasing projected enrollment or waitlist and projected total income, including any matching funds and donations contingent on receipt of a loan under this section;

(c) The public charter school must have a minimum of one million dollars ($1,000,000) in private or public grant support available for use supporting the school budget prior to loan issuance;

(d) The public charter school must demonstrate that the letter of commitment it obtained pursuant to paragraph (a) of this subsection includes a commitment from a lender to provide a minimum of twenty percent (20%) of project financing subordinate to the loan provided by this section; and

(e) At the time of loan issuance, the public charter school must be in the preopening stage or in the first or second year serving students.

(4) Loan terms and conditions. The Idaho housing and finance association shall develop and publish the general terms and conditions of loans issued under this section.

(5) Maximum loan amount. Public charter schools that satisfy the guidelines and procedures established by the Idaho housing and finance association shall receive approval from the Idaho housing and finance association to rely on the public charter school revolving loan fund for assistance in obtaining favorable financing for facility improvements and construction, as long as sufficient moneys exist pursuant to subsection (1) of this section. Eligible schools shall receive approval on a first-come, first-served basis, according to the date of the completed application, in an amount not to exceed two million five hundred thousand dollars ($2,500,000). Upon certification by the Idaho housing and finance association to the state treasurer that a public charter school has received approval from the Idaho housing and finance association, the state treasurer shall authorize funding in the amount of the approved loan to be withdrawn from the public charter school revolving loan fund and distributed to the approved public charter school.

(6) Intercept. As a requirement to participate in the public charter school revolving loan fund, a participating public charter school shall provide a directive to the state department of education that all payments to the school pursuant to the state educational support program shall be paid directly to all affected lenders, including the Idaho housing and finance association, according to the loan documents. All remaining funds shall be forwarded to the public charter school. The payment directive required in this subsection may not be revoked or amended.

(7) Annual fee. Schools participating in the public charter school revolving loan fund shall pay a onetime fee in an amount equal to one-half percent (0.5%) of the loan amount at the time of issuance, which may be included in the loan and paid to the Idaho housing and finance association for costs related to the making of the loan. Participating public charter schools shall also annually pay an amount not to exceed thirty (30) basis points of the principal amount of the loan, which may be used to cover costs the Idaho housing and finance association incurred in managing the public charter school revolving loan fund.

History:

[33-5217, added 2023, ch. 117, sec. 2, p. 337; am. 2024, ch. 43, sec. 1, p. 249.]
Idaho Code § 33-1001 — Idaho Code / Title 33 / Chapter 10 / Section 33-1001
33-1001 DEFINITIONS.
Status: in_force

33-1001. Definitions. As used in this chapter:

(1) "Administrative schools" means and applies to all elementary schools and kindergartens within a district that are situated ten (10) miles or less from both the other elementary schools and the principal administrative office of the district and all secondary schools within a district that are situated fifteen (15) miles or less from other secondary schools of the district.

(2) "Administrative staff" means those who:

(a) Hold an administrator certificate and are employed as a superintendent, a deputy superintendent, an elementary or secondary school principal or vice principal, a director of special education, or a public charter school administrator as their primary employment; or

(b) Are assigned administrative duties over and above those commonly assigned to teachers.

(3) "At-risk student" means a student in grades 6 through 12 who:

(a) Meets at least three (3) of the following criteria:

(i) Has repeated at least one (1) grade;

(ii) Has absenteeism greater than ten percent (10%) during the preceding semester;

(iii) Has an overall grade point average less than 1.5 on a 4.0 scale prior to enrolling in an alternative secondary program;

(iv) Has failed one (1) or more academic subjects in the past year;

(v) Is below proficient, based on local criteria, standardized tests, or both;

(vi) Is two (2) or more credits per year behind the rate required to graduate or for grade promotion; or

(vii) Has attended three (3) or more schools within the previous two (2) years, not including dual enrollment; or

(b) Meets any of the following criteria:

(i) Has documented substance abuse or a pattern of substance abuse;

(ii) Is pregnant or a parent;

(iii) Is an emancipated youth or unaccompanied youth;

(iv) Is a previous dropout;

(v) Has a serious personal, emotional, or medical issue or issues;

(vi) Has a court or agency referral; or

(vii) Demonstrates behavior detrimental to the student's academic progress.

(4) "Average daily attendance" or "pupils in average daily attendance" means the aggregate number of days enrolled students are present, divided by the number of days of school in the reporting period; provided, however, that students for whom no Idaho school district is a home district shall not be considered in such computation.

(5) "Career ladder" means the compensation table used for determining the allocations districts receive for instructional staff and pupil service staff based on specific performance criteria and is made up of a residency compensation rung, a professional compensation rung, and an advanced professional compensation rung.

(6) "Child with a disability" means a child evaluated as having an intellectual disability, a hearing loss including deafness, a speech or language impairment, a visual impairment including blindness, an emotional behavioral disorder, an orthopedic impairment, autism, a traumatic brain injury, another health impairment, a specific learning disability, deaf-blindness, or multiple disabilities and who, by reason thereof, needs special education and related services.

(7) "Classified staff" means those who are employed in positions that are not administrative staff, instructional staff, or pupil service staff. Classified staff are not required to have certification as provided in section 33-1201, Idaho Code.

(8) "Compensation rung" means the rung on the career ladder that corresponds with the compensation level performance criteria.

(9) "Economically disadvantaged student" means a student who:

(a) Is eligible for a free or reduced-price lunch under the Richard B. Russell national school lunch act, 42 U.S.C. 1751 et seq., excluding students who are eligible only through a school's community eligibility program;

(b) Resides with a family receiving assistance under the program of block grants to states for temporary assistance for needy families (TANF) established under part A of title IV of the social security act, 42 U.S.C. 601 et seq.;

(c) Is eligible to receive medical assistance under the medicaid program under title XIX of the social security act, 42 U.S.C. 1396 et seq.; or

(d) Is considered homeless for purposes of the federal McKinney-Vento homeless assistance act, 42 U.S.C. 11301 et seq.

(10) "Elementary grades" or "elementary average daily attendance" means and applies to students enrolled in grades 1 through 6, inclusive, or any combination thereof.

(11) "Elementary schools" are schools that serve grades 1 through 6, inclusive, or any combination thereof.

(12) "Elementary/secondary schools" are schools that serve grades 1 through 12, inclusive, or any combination thereof.

(13) "English language learner" or "ELL" means a student who does not score proficient on the English language development assessment established by rule of the state board of education.

(14) "Gifted and talented" shall have the same meaning as provided in section 33-2001(4), Idaho Code.

(15) "Homebound student" means any student who would normally and regularly attend school but is confined to home or hospital because of an illness or accident for a period of ten (10) or more consecutive days.

(16) "Instructional staff" means those who hold an Idaho certificate issued under section 33-1201, Idaho Code, and whose primary employment involves the direct instruction of a student or group of students.

(17) "Instructional support staff" means those who hold an Idaho certificate issued pursuant to section 33-1201, Idaho Code, whose primary employment involves supporting instructional staff, pupil service staff, or administrators with instruction-related services. This includes mentoring, curriculum coaching, or other instruction support positions.

(18) "Kindergarten" or "kindergarten average daily attendance" means and applies to all students enrolled in a school year, less than a school year, or summer kindergarten program.

(19) "Local salary schedule" means a compensation table adopted by a school district or public charter school, which table is used for determining moneys to be distributed for instructional staff and pupil service staff salaries. Minimum compensation provided under a local salary schedule shall be at least equal to the minimum amounts established pursuant to section 33-1004E, Idaho Code.

(20) "Measurable student achievement" means the measurement of student academic achievement or growth within a given interval of instruction for those students who have been enrolled in and attended eighty percent (80%) of the interval of instruction. Measures and targets shall be chosen at the school level in collaboration with the staff member impacted by the measures and applicable district staff and approved by the school board. Measures and targets must also align with the performance measures and benchmarks in the continuous improvement plan described in section 33-320, Idaho Code. The most effective measures and targets are those generated as close to the actual work as possible. Targets may be based on grade- or department-level achievement or growth goals that create collaboration within groups. Individual measurable student achievement targets and the percentage of students meeting individual targets must be reported annually to the state. Assessment tools that may be used for measuring student achievement and growth include:

(a) Idaho standards achievement test (ISAT), including interim ISAT assessments;

(b) Student learning objectives;

(c) Teacher-constructed assessments of student growth;

(d) Pre- and post-tests, including district-adopted tests;

(e) Performance-based assessments;

(f) Idaho reading indicator, which will be one (1) of the required assessment tools for applicable staff;

(g) College entrance exams or preliminary college entrance exams such as PSAT, SAT, PACT, and ACT;

(h) Advanced placement exams;

(i) Career technical exams;

(j) Number of business or industry certificates or credentials earned by students in an approved career technical education program;

(k) Number of students completing career technical education capstone courses; and

(l) Number of students enrolled in career technical education courses that are part of a program that culminates with business or industry certificates or credentials.

(21) "Performance criteria" means the standards specified for instructional staff and pupil service staff to demonstrate teaching proficiency for a given compensation rung. Each element of the professional compensation rung and advanced professional compensation rung performance criteria, as identified in this section and as applicable to a staff member's position, shall be documented, reported, and subject to review for determining movement on the career ladder.

(22) "Primary employment" means the position of employment in which a person spends fifty percent (50%) or more of the person's time.

(23)(a) "Professional compensation rung performance criteria" means:

(i) An overall rating of proficient or higher, and no components rated as unsatisfactory, on the state framework for teaching evaluation or equivalent for pupil service staff or principal or other school level administrator evaluation aligned to the state framework for teaching evaluation; and

(ii) Demonstrating the majority of students have met measurable student achievement targets or student success indicator targets.

(b) "Advanced professional compensation rung performance criteria" means:

(i) An overall rating of proficient or higher, no components rated as unsatisfactory or basic, and rated as distinguished overall in domain two — classroom environment or domain three — instruction and use of assessment on the state framework for teaching evaluation or equivalent for pupil service staff or principal or other school level administrator evaluation aligned to the state framework for teaching evaluation; and

(ii) Demonstrating seventy-five percent (75%) or more of their students have met their measurable student achievement targets or student success indicator targets.

(24) "Public school district" or "school district" or "district" means any public school district organized under the laws of this state, including specially chartered school districts.

(25) "Pupil service staff" means those whose primary employment involves providing services to students, but does not involve direct instruction of those students, and who hold a pupil personnel services certificate.

(26) "School board" means a school district board of trustees or the board of directors of a public charter school.

(27) "Secondary grades" or "secondary average daily attendance" means and applies to students enrolled in grades 7 through 12, inclusive, or any combination thereof.

(28) "Secondary schools" are schools that serve grades 7 through 12, inclusive, or any combination thereof.

(29) "Separate elementary school" means an elementary school located more than ten (10) miles on an all-weather road from both the nearest elementary school and elementary/secondary school serving like grades within the same school district and from the location of the office of the superintendent of schools of such district, or from the office of the chief administrative officer of such district if the district employs no superintendent of schools.

(30) "Separate kindergarten" means a kindergarten located more than ten (10) miles on an all-weather road from both the nearest kindergarten school within the same school district and from the location of the office of the superintendent of schools of such district, or from the office of the chief administrative officer of such district if the district employs no superintendent of schools.

(31) "Separate secondary school" means any secondary school located more than fifteen (15) miles on an all-weather road from any other secondary school and elementary/secondary school serving like grades operated by the district.

(32) "Special education" means specially designed instruction or speech/language therapy at no cost to the parent to meet the unique needs of a student who is a child with a disability, including instruction in the classroom, the home, hospitals, institutions, and other settings; instruction in physical education; speech therapy and language therapy; transition services; travel training; assistive technology services; and vocational education.

(33) "Student learning plan" means a plan that outlines a student's program of study, which should include a rigorous academic core and a related sequence of electives in academics, career technical education, or humanities aligned with the student's post-graduation goals.

(34) "Student success indicators" means measurable indicators of student achievement or growth, other than academic, within a predefined interval of time for a specified group of students. Measures and targets shall be chosen at the district or school level in collaboration with the pupil service staff member impacted by the measures and applicable district staff. Individual measurable student achievement targets and the percentage of students meeting each target must be reported annually to the state. Student success indicators include:

(a) Quantifiable goals stated in a student's 504 plan or individualized education plan.

(b) Quantifiable goals stated in a student's behavior improvement plan.

(c) School- or district-identified measurable student objectives for a specified student group or population.

(d) The percentage of students who create student learning plans in grade 8 or who annually update their student learning plans thereafter.

(e) The percentage of students who satisfactorily complete one (1) or more advanced opportunities options as identified in section 33-4602, Idaho Code, or who earn business or industry certificates or credentials. This indicator shall be one (1) of the required indicators for applicable staff.

(35) "Support program" means the educational support program as described in section 33-1002, Idaho Code, the transportation support program described in section 33-1006, Idaho Code, and the exceptional education support program as described in section 33-1007, Idaho Code.

(36) "Support unit" means a function of average daily attendance used in the calculations to determine financial support provided to the public school districts.

(37) "Teacher" means any person employed in the teaching or instruction of students in any school district. In case of doubt, the state board of education shall determine whether any person employed requires certification as a teacher.

History:

[33-1001, added 1980, ch. 179, sec. 2, p. 382; am. 2000, ch. 266, sec. 1, p. 743; am. 2003, ch. 299, sec. 3, p. 817; am. 2006, ch. 244, sec. 5, p. 746; am. 2015, ch. 229, sec. 1, p. 701; am. 2016, ch. 245, sec. 1, p. 642; am. 2017, ch. 266, sec. 1, p. 661; am. 2019, ch. 328, sec. 2, p. 971; am. 2020, ch. 12, sec. 1, p. 19; am. 2020, ch. 270, sec. 1, p. 782; am. 2020, ch. 272, sec. 1, p. 796; am. 2021, ch. 207, sec. 3, p. 564; am. 2021, ch. 213, sec. 1, p. 582; am. 2022, ch. 83, sec. 1, p. 237; am. 2026, ch. 222, sec. 1, p. 980.]
Idaho Code § 33-1032 — Idaho Code / Title 33 / Chapter 10 / Section 33-1032
33-1032 PARENT ADVISORY PANEL.
Status: in_force

33-1032. parent advisory panel. [EFFECTIVE UNTIL JULY 1, 2028] (1) For purposes of this section:

(a) "Executive director" means the executive director of the office of the state board of education.

(b) "Program funds" means funds distributed to parents pursuant to section 33-1031, Idaho Code.

(2) There is hereby established in the office of the state board of education a parent advisory panel, which shall make recommendations to the board:

(a) As described in section 33-1030(3)(f), Idaho Code; and

(b) On how to implement, administer, and improve the program described in section 33-1031, Idaho Code.

(3) The parent advisory panel shall consist of seven (7) members. Three (3) members shall be appointed by the governor, two (2) members shall be appointed by the president pro tempore of the senate, and two (2) members shall be appointed by the speaker of the house of representatives. The members must be parents of eligible students, with preference given to parents who have applied for program funds or who, for the initial appointment of the panel, have indicated their intent to apply for program funds. Members of the panel shall represent different regions of the state. Members shall serve one (1) year terms at the pleasure of their appointing authority and may be reappointed if they meet the eligibility criteria described in this subsection. The executive director or the executive director's designee shall serve as the nonvoting chair of the parent advisory panel.

(4) At the request of the board, the parent advisory panel shall meet, in person or virtually, to discuss and make recommendations as described in subsection (2) of this section.

(5) If a parent appeals a finding that program funds were used for a purpose other than eligible education expenses, then the panel shall meet to consider the appeal and recommend a decision on the appeal to the board.

History:

[33-1032, added 2022, ch. 13, sec. 4, p. 31.]