Idaho Code § 33-515 — Idaho Code / Title 33 / Chapter 5 / Section 33-515
33-515 ISSUANCE OF RENEWABLE CONTRACTS.
Status: in_force

33-515. Issuance of renewable contracts. (1) During the third full year of continuous employment by the same school district, including any specially chartered district, each certificated employee named in subsection (24) [(25)] or (36) [(37)] of section 33-1001, Idaho Code, and each school nurse and school librarian who has obtained a professional endorsement under section 33-1201A, Idaho Code, shall be evaluated for a renewable contract and shall, upon having been offered a contract for the next ensuing year, and upon signing and timely returning a contract for a fourth full year, be placed on a renewable contract status with said school district entitling such individual to the right to automatic renewal of contract, subject to the provisions included in this chapter, provided that instructional staff who have not obtained a professional endorsement under section 33-1201A, Idaho Code, may not be placed on a renewable contract status, provided however, if the career ladder pursuant to section 33-1004B, Idaho Code, is not funded, then a professional endorsement shall not be required. Additionally, any individual who has not successfully completed the three (3) year nontraditional route program while on a three (3) year interim certificate and has not yet been issued a five (5) year renewable certificate may not be placed on a renewable contract. Such individual will remain on a category 3 contract, even after serving three (3) continuous years of employment with the same school district.

(2) At least once annually, the performance of each renewable contract certificated employee, school nurse, or school librarian shall be evaluated according to criteria and procedures established by the board of trustees in accordance with general guidelines approved by the state board of education. Such an evaluation shall be completed no later than June 1 of each year. The evaluation shall include a minimum of two (2) documented observations, one (1) of which shall be completed prior to January 1 of each year.

(3) Any contract automatically renewed under the provisions of this section may be renewed for a shorter term, longer term or the same length of term as stated in the current contract and at a greater, lesser or equal salary as that stated in the current contract. Absent the board's application of a formal reduction in force, renewals of standard teacher contracts may be for a shorter term, longer term or the same length of term as stated in the current standard teacher contract and at a greater, lesser or equal salary, and shall be uniformly applied to all employees based upon the district's adopted salary schedule to the extent allowable in section 33-1004E, Idaho Code.

(a) Contracts issued pursuant to this section shall be issued on or before the first day of July each year.

(b) At the discretion of the board, the district may issue letters of intent for employment for the next ensuing school year to renewable contract status employees during May of each school year. Such letter of intent shall not state a specific duration of the contract or salary/benefits term for the next ensuing school year.

(c) Unless otherwise negotiated and ratified by both parties pursuant to section 33-1271 et seq., Idaho Code, standard teacher renewals for terms shorter in length than that stated in the current standard contract of renewable certificated employees, should be considered and implemented only after the district has determined that the salary-based apportionment reimbursement that it estimates it will receive for the ensuing school year is less than the sum the district would otherwise be paying for salaries for certificated professional employees.

(4) Nothing in this section shall prevent the board of trustees from offering a renewed contract increasing the salary of any certificated person, or from reassigning an administrative employee to a nonadministrative position with appropriate reduction of salary from the preexisting salary level. In the event the board of trustees reassigns an administrative employee to a nonadministrative position, the board shall give written notice to the employee that contains a statement of the reasons for the reassignment. The employee, upon written request to the board, shall be entitled to an informal review of that decision. The process and procedure for the informal review shall be determined by the local board of trustees.

(5) Before a board of trustees can determine not to renew for reasons of an unsatisfactory report of the performance of any certificated person whose contract would otherwise be automatically renewed, such person shall be entitled to a reasonable period of probation. This period of probation shall be preceded by a written notice from the board of trustees with reasons for such probationary period and with provisions for adequate supervision and evaluation of the person's performance during the probationary period. Such period of probation shall not affect the person's renewable contract status. Consideration of probationary status for certificated personnel is consideration of the status of an employee within the meaning of section 74-206, Idaho Code, and may be held in executive session. If the consideration results in probationary status, the individual on probation shall not be named in the minutes of the meeting. A record of the decision shall be placed in the teacher's personnel file.

(6) If the board of trustees takes action to immediately discharge or discharge upon termination of the current contract a certificated person whose contract would otherwise be automatically renewed, the action of the board shall be consistent with the procedures specified in section 33-513(5), Idaho Code, and, furthermore, the board shall notify the employee in writing whether there is just and reasonable cause not to renew the contract or to reduce the salary of the affected employee, and, if so, what reasons it relied upon in that determination.

(7) If the board of trustees takes action after the declaration of a financial emergency pursuant to section 33-522, Idaho Code, and such action is directed at more than one (1) certificated employee, and if mutually agreed to by both parties, a single informal review shall be conducted. Without mutual consent of both parties, the board of trustees shall use the following procedure to conduct a single due process hearing within sixty-seven (67) days of the declaration of financial emergency pursuant to section 33-522(2), Idaho Code, or on or before June 22, whichever shall occur first:

(a) The superintendent or any other duly authorized administrative officer of the school district may recommend the change in the length of the term stated in the current contract or reduce the salary of any certificated employee by filing with the board of trustees written notice specifying the purported reasons for such changes.

(b) Upon receipt of such notice, the board of trustees, acting through its duly authorized administrative official, shall give the affected employees written notice of the reductions and the recommendation of the change in the length of the term stated in the current contract or the reduction of salary, along with written notice of a hearing before the board of trustees prior to any determination by the board of trustees.

(c) The hearing shall be scheduled to take place not less than six (6) days nor more than fourteen (14) days after receipt of the notice by the employees. The date provided for the hearing may be changed by mutual consent.

(d) The hearing shall be open to the public.

(e) All testimony at the hearing shall be given under oath or affirmation. Any member of the board, or the clerk of the board of trustees, may administer oaths to witnesses or affirmations by witnesses.

(f) The employees may be represented by legal counsel and/or by a representative of a local or state education association.

(g) The chairman of the board of trustees or the designee of the chairman shall conduct the hearing.

(h) The board of trustees shall cause an electronic record of the hearing to be made or shall employ a competent reporter to take stenographic or stenotype notes of all the testimony at the hearing. A transcript of the hearing shall be provided at cost by the board of trustees upon request of the employee.

(i) At the hearing, the superintendent or other duly authorized administrative officer shall present evidence to substantiate the reduction contained in such notice.

(j) The employees may produce evidence to refute the reduction. Any witness presented by the superintendent or by the employees shall be subject to cross-examination. The board of trustees may also examine witnesses and be represented by counsel.

(k) The affected employees may file written briefs and arguments with the board of trustees within three (3) days after the close of the hearing or such other time as may be agreed upon by the affected employees and the board of trustees.

(l) Within seven (7) days following the close of the hearing, the board of trustees shall determine and, acting through its duly authorized administrative official, shall notify the employees in writing whether the evidence presented at the hearing established the need for the action taken.

The due process hearing pursuant to this subsection shall not be required if the board of trustees and the local education association reach an agreement on issues agreed upon pursuant to section 33-522(3), Idaho Code.

(8) If the board of trustees, for reasons other than unsatisfactory service, for the ensuing contract year, determines to change the length of the term stated in the current contract, reduce the salary or not renew the contract of a certificated person whose contract would otherwise be automatically renewed, nothing herein shall require a probationary period.

(9) If the board of trustees, for reasons other than unsatisfactory service, for the ensuing contract year, determines to change the length of the term stated in the current contract or reduce the salary of a certificated person whose contract would otherwise be automatically renewed, nothing herein shall require any individualized due process proceeding. In such circumstance, the board shall hold a single informal review for all impacted employees. The process and procedure for the single informal review shall be determined by the local board of trustees.

History:

[(33-515), 33-1212, added 1963, ch. 13, sec. 154, p. 27; am. 1973, ch. 126, sec. 2, p. 238; am. 1981, ch. 140, sec. 1, p. 242; am. 1982, ch. 86, sec. 1, p. 159; am. 1983, ch. 83, sec. 2, p. 172; am. 1983, ch. 212, sec. 1, p. 588; am. and redesig. 1984, ch. 286, sec. 10, p. 666; am. 1988, ch. 118, sec. 2, p. 217; am. 1999, ch. 208, sec. 1, p. 556; am. 2000, ch. 264, sec. 1, p. 741; am. 2000, ch. 266, sec. 4, p. 751; am. 2003, ch. 299, sec. 5, p. 823; am. 2006, ch. 244, sec. 4, p. 744; am. 2009, ch. 171, sec. 2, p. 543; am. 2013, ch. 298, sec. 3, p. 788; am. 2013, ch. 353, sec. 2, p. 955; am. 2014, ch. 144, sec. 1, p. 387; am. 2015, ch. 141, sec. 63, p. 424; am. 2015, ch. 229, sec. 14; am. 2015, ch. 344, sec. 1, p. 1298; am. 2016, ch. 191, sec. 3, p. 531; am. 2016, ch. 245, sec. 11, p. 655; am. 2019, ch. 328, sec. 7, p. 977; am. 2021, ch. 96, sec. 2, p. 326; am. 2021, ch. 207, sec. 7, p. 572; am. 2026, ch. 222, sec. 3, p. 985.]
Idaho Code § 33-5406 — Idaho Code / Title 33 / Chapter 54 / Section 33-5406
33-5406 SCHOLARSHIPS AND FINANCIAL AID PROVISIONS.
Status: in_force

33-5406. Scholarships and financial aid provisions. (1) Any student loan program, student grant program or other financial assistance program established or administered by this state shall treat the balance in an account of which the student is a designated beneficiary as if it were an asset of the parent of the designated beneficiary and not as a scholarship or grant or as an asset of the student for determining a student's or parent's income, assets or financial need.

(2) Subsection (1) of this section applies to any financial assistance program administered by a state-supported college or university.

(3) Subsections (1) and (2) of this section do not apply if any of the following conditions exist:

(a) Federal law requires all or a portion of the amount in an account to be taken into account in a different manner;

(b) Federal benefits could be lost if all or a portion of the amount in an account is not taken into account in a different manner;

(c) A specific grant establishing a financial assistance program requires that all or a portion of the amount in an account be taken into account.

History:

[33-5406, added 2000, ch. 213, sec. 1, p. 580.]
Idaho Code § 33-3718 — Idaho Code / Title 33 / Chapter 37 / Section 33-3718
33-3718 ADDITIONAL CHARGES AUTHORIZED IN THE COLLECTION OF DEBTS — PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION.
Status: in_force

33-3718. Additional charges authorized in the collection of debts — Public and private institutions of higher education. Each state public or private institution of higher education may, in the control and collection of any debt or claim due and owing to it, impose reasonable financing and late charges, as well as reasonable costs and expenses incurred in the collection of such debts, if provided for in the note or agreement signed by the debtor.

History:

[33-3718, added 1980, ch. 141, sec. 1, p. 306.]
Idaho Code § 33-5002 — Idaho Code / Title 33 / Chapter 50 / Section 33-5002
33-5002 DEFINITIONS.
Status: in_force

33-5002. Definitions. In this chapter:

(1) "Charitable purpose" means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose the achievement of which is beneficial to the community.

(2) "Endowment fund" means an institutional fund or part thereof that, under the terms of a gift instrument, is not wholly expendable by the institution on a current basis. The term does not include assets that an institution designates as an endowment fund for its own use nor endowment funds managed pursuant to chapter 7, title 57, Idaho Code.

(3) "Gift instrument" means a record or records, including an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund.

(4) "Institution" means:

(a) A person, other than an individual, organized and operated exclusively for charitable purposes;

(b) A government or governmental subdivision, agency or instrumentality, to the extent that it holds funds exclusively for a charitable purpose; and

(c) A trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated.

(5) "Institutional fund" means a fund held by an institution exclusively for charitable purposes. The term does not include:

(a) Program related assets;

(b) A fund held for an institution by a trustee that is not an institution; or

(c) A fund in which a beneficiary that is not an institution has an interest, other than an interest that could arise upon violation or failure of the purposes of the fund.

(6) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

(7) "Program related asset" means an asset held by an institution primarily to accomplish a charitable purpose of the institution and not primarily for investment.

(8) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

History:

[33-5002, added 2007, ch. 173, sec. 2, p. 512.]
Idaho Code § 33-1216 — Idaho Code / Title 33 / Chapter 12 / Section 33-1216
33-1216 SICK AND OTHER LEAVE.
Status: in_force

33-1216. Sick and other leave. (a) At the beginning of each new employment year and thereafter as necessary during the employment year, each noncertificated employee of any school district, including charter districts, who regularly works twenty (20) hours or more per week or certificated employee who works half time or more per week for a school district, including charter districts, shall be entitled to sick leave with full pay of one (1) day, as projected for the employment year for each month of service in which they work a majority portion of that month, subject to the limitations provided by this chapter. Sick leave for noncertificated employees shall be calculated proportionate to the average hours worked per day. Sick leave for certificated employees shall be calculated by the day, or percentage thereof, as defined in their individual employment contracts. The local board of trustees shall not provide compensation for unused sick leave. This shall not prohibit the local board of trustees from establishing a policy providing retirement severance pay.

(b) The board of trustees may require proof of illness adequate to protect the district against malingering and false claims of illness. Any accumulated sick leave earned prior to July 1, 1976, shall be used before the use of any accumulated sick leave earned subsequent to July 1, 1976.

Each local board of trustees may establish a policy governing leave for certificated and noncertificated employees in the case of illness or death of members of the families of such employees, for professional conferences and workshops, and for such other purposes as the board may determine.

(c) Each local board of trustees may establish a policy governing leave for certificated and noncertificated employees in the case of absence during a period for which the employee is paid by worker's compensation. In addition the board may supplement the worker's compensation payment by an amount not to exceed an amount which when combined with the worker's compensation payment would be equal to the amount the employee would have been paid if he had not been injured. Supplementation may come from accrued vacation leave, compensatory time or sick leave time as may be provided in the policy of the district. Time for which a person is paid worker's compensation shall not be allowed as straight sick leave which would result in duplicate compensation.

(d) The board of trustees of any school district, including any specially chartered district, may also grant a leave of absence to any certificated employee of such district for service to a professional educational organization of which such certificated employee is a member and has been elected to hold the office of president therein, such leave to be for a period not exceeding one (1) year. During the period of any such leave of absence the said certificated employee shall receive the same compensation and receive or accrue such other rights and benefits that he would have been entitled to or have received or accrued had he been present and working for the school district, and he shall remain an active member of the public employee retirement system of Idaho; provided that such professional educational organization shall first pay to the said school district an amount equal to any and all compensation, contributions to the public employee retirement system of Idaho and any other amounts paid to or accrued in the name of said employee during such period.

History:

[33-1216, added 1963, ch. 13, sec. 158, p. 27; am. 1972, ch. 120, sec. 1, p. 238; am. 1973, ch. 37, sec. 1, p. 71; am. 1974, ch. 112, sec. 1, p. 1278; am. 1976, ch. 226, sec. 1, p. 810; am. 1977, ch. 138, sec. 1, p. 298; am. 1979, ch. 129, sec. 1, p. 399; am. 2004, ch. 253, sec. 1, p. 724; am. 2005, ch. 377, sec. 1, p. 1216.]
Idaho Code § 33-1201B — Idaho Code / Title 33 / Chapter 12 / Section 33-1201B
33-1201B GRANDFATHER RIGHTS FOR SPECIFIC ENDORSEMENTS.
Status: in_force

33-1201B. grandfather rights for specific endorsements. (1) Individuals who held a specific endorsement issued or recognized by the state board of education or state department of education prior to July 1, 2020, which specific endorsement is no longer issued or recognized by the state board of education or state department of education as of July 1, 2020, shall hold the specific endorsement and be recognized as holding the specific endorsement.

(2) Individuals who hold a specific endorsement issued or recognized by the state board of education or state department of education as of July 1, 2020, shall continue to hold the specific endorsement and be recognized as holding the specific endorsement even if, in the future, the state board of education or state department of education ceases to issue or recognize such specific endorsements.

History:

[33-1201B, added 2020, ch. 150, sec. 1, p. 450.]
Idaho Code § 33-501 — Idaho Code / Title 33 / Chapter 5 / Section 33-501
33-501 BOARD OF TRUSTEES.
Status: in_force

33-501. Board of trustees. (1) Each school district shall be governed by a board of trustees. The board of trustees of each elementary school district shall consist of three (3) members, and the board of trustees of each other school district shall consist of five (5) members. Provided, however, that the board of trustees of any district that has had a change in its district boundaries subsequent to June 30, 1973, may consist of no fewer than five (5) nor more than nine (9) members if such provisions are included as part of an approved proposal to redefine and change trustee zones as provided in section 33-313, Idaho Code. The board of trustees of any district that has had a change in its district boundaries because of district consolidation on and after January 1, 2008, shall consist of five (5) members if two (2) districts consolidated or seven (7) members if three (3) or more districts consolidated. Commencing in 2018, a school district trustee shall be elected for a term of four (4) years beginning at noon on January 1 next succeeding his election.

(2) Each trustee shall at the time of his nomination and election, or appointment, be a school district elector of his district and a resident of the trustee zone from which nominated or appointed. In the event that a vacancy shall be declared as provided in section 33-504, Idaho Code, and the board of trustees is unable to appoint a trustee from the zone vacated after ninety (90) days, the board of trustees may appoint a person at-large from within the boundaries of the school district to serve as the trustee from the zone where the vacancy occurred. When a person is duly elected to a trustee zone and the person is found to no longer reside in the trustee zone due to a change in the trustee zone boundaries, that person shall be allowed to continue serving as a trustee for the remainder of that person's term as long as the person resides at the address used at the time of the election.

(3) Each trustee shall qualify for and assume office on January 1 next following his election, or, if appointed, at the regular meeting of the board of trustees next following such appointment. At the first meeting after a trustee assumes office, an oath of office shall be administered to the trustee, whether elected, reelected or appointed. Said oath may be administered by the clerk, or by another trustee, of the district, and the record shall show such oath of office to have been taken and by whom administered and shall be filed with the official records of the district.

History:

[33-501, added 1963, ch. 13, sec. 51, p. 27; am. 1973, ch. 125, sec. 2, p. 236; am. 1980, ch. 32, sec. 1, p. 56; am. 2008, ch. 351, sec. 2, p. 969; am. 2009, ch. 57, sec. 1, p. 160; am. 2009, ch. 341, sec. 37, p. 1017; am. 2018, ch. 164, sec. 1, p. 323; am. 2023, ch. 241, sec. 1, p. 740.]
Idaho Code § 33-1003C — Idaho Code / Title 33 / Chapter 10 / Section 33-1003C
33-1003C SPECIAL APPLICATION — TECHNOLOGICAL INSTRUCTION.
Status: in_force

33-1003C. Special application — Technological instruction. In order to acquire and maintain technology for individualized computer and/or distance learning programs, a school district may use students' documented contact hours on individualized computer education or distance learning programs in determining the district's average daily attendance, whether the student is actually in the computer lab or distance learning center, or has logged on to the computer from another location. A district's technology instruction programs shall be subject to the following provisions:

(1) The certification requirements for an alternative school using the individualized computer education or distance learning program may be met by having a properly certificated teacher available on a consultant tutorial basis. The consultant tutors will be available by telephone, fax, e-mail, or in person at the school site on a daily basis.

(2) Districts claiming average daily attendance pursuant to this section shall submit annual evaluations of the program to the state board of education.

(3) Districts may offer individualized computer education or distance learning programs on a calendar which may differ from the rest of the district's instruction, but in no case may a district claim more average daily attendance for a student than the full-time equivalency of a regular term of attendance for a single student.

(4) Nonalternative high school students may receive individualized computer education or distance learning instruction and credit through an alternative school site.

History:

[33-1003C, added 1998, ch. 273, sec. 1, p. 903; am. 2000, ch. 366, sec. 1, p. 1215; am. 2001, ch. 255, sec. 1, p. 921.]
Idaho Code § 33-3808 — Idaho Code / Title 33 / Chapter 38 / Section 33-3808
33-3808 VALIDITY OF BONDS.
Status: in_force

33-3808. Validity of bonds. The bonds bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all the persons whose signatures appear thereon shall have ceased to be officers of the institution issuing the same. The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings to acquire the project financed by the bonds or taken in connection therewith.

History:

[33-3808, added 1935 (1st E.S.), ch. 55, sec. 8, p. 145.]
Idaho Code § 33-5504B — Idaho Code / Title 33 / Chapter 55 / Section 33-5504B
33-5504B EXPENDITURES — BUDGET.
Status: in_force

33-5504B. Expenditures — Budget. (1) There is hereby created in the state treasury the Idaho digital learning academy fund. The fund shall consist of appropriations, fees, grants, gifts or moneys from any other source. The state treasurer shall invest all idle moneys in the fund and interest earned on such investments shall be retained by the fund.

(2) On or before the first Monday in July, there will be held at the time and place determined by the Idaho digital learning academy board, a budget meeting and public hearing upon the proposed budget of the Idaho digital learning academy. Notice of the budget meeting and public hearing shall be posted at least ten (10) full days prior to the date of the meeting in at least one (1) conspicuous place to be determined by the Idaho digital learning academy board of directors. The place, hour and day of the hearing shall be specified in the notice, as well as the place where such budget may be examined prior to the hearing. On or before the first Monday in July a budget for the Idaho digital learning academy shall be agreed upon and approved by the majority of the Idaho digital learning academy board of directors.

History:

[33-5504B, added 2008, ch. 119, sec. 5, p. 337.]
Idaho Code § 33-6701 — Idaho Code / Title 33 / Chapter 67 / Section 33-6701
33-6701 LEGISLATIVE FINDINGS.
Status: in_force

33-6701. legislative findings. The legislature finds that:

(1) There are real and inherent physical differences between men and women;

(2) Every person has a natural right to privacy and safety in restrooms and changing facilities where such person might be in a partial or full state of undress in the presence of others;

(3) This natural right especially applies to students using public school restrooms and changing facilities where student privacy and safety is essential to providing a safe learning environment for all students;

(4) Requiring students to share restrooms and changing facilities with members of the opposite biological sex generates potential embarrassment, shame, and psychological injury to students, as well as increasing the likelihood of sexual assault, molestation, rape, voyeurism, and exhibitionism;

(5) Providing separate public school restrooms and changing facilities for the different biological sexes is a long-standing and widespread practice protected by federal law, state law, and case law;

(6) Federal legislative action, federal executive action, and federal court judgments that prevent public schools from maintaining separate restrooms and changing facilities for different biological sexes are inconsistent with the United States constitution and violate the privacy and safety rights of students; and

(7) A statewide policy ensuring separate school restrooms and changing facilities on the basis of biological sex is substantially related to the important governmental interest in protecting the privacy and safety of all students.

History:

[(33-6701) 33-6601, added 2023, ch. 120, sec. 1, p. 343; am. and redesig. 2024, ch. 16, sec. 12, p. 145.]
Idaho Code § 33-2810 — Idaho Code / Title 33 / Chapter 28 / Section 33-2810
33-2810 DEPOSIT OF MONEYS OF REGENTS OF UNIVERSITY OF IDAHO.
Status: in_force

33-2810. Deposit of moneys of regents of University of Idaho. The state treasurer shall deposit and at all times keep on deposit, subject to the provisions of chapter 27 of title 67, being the State Depository Law, and subsequent amendments thereof, all moneys deposited with him as treasurer of the regents of the University of Idaho in the event he shall be elected as such treasurer by such board: provided, however, that the moneys belonging to regents of the University of Idaho shall be so deposited and accounted for that any and all interest accruing for and on account thereof shall be accredited to any general or special fund of the regents of the University of Idaho.

History:

[(33-2810) 1927, ch. 79, sec. 1, p. 98; I.C.A., sec. 32-2310.]
Idaho Code § 33-1635 — Idaho Code / Title 33 / Chapter 16 / Section 33-1635
33-1635 CAREER TECHNICAL EDUCATION PROGRAM QUALITY AND WORKFORCE READINESS INCENTIVE PROGRAM.
Status: in_force

33-1635. career technical education program quality and workforce readiness incentive program. (1) It is the ultimate goal of the legislature that every student have access to career technical education courses and programs that lead to workforce readiness certification.

(2) The state board for career technical education shall establish and administer a quality program funding mechanism for high-quality career technical education secondary programs and program technical assistance offered in grades 9 through 12.

(a) Quality program incentive funding will be available to high-performing approved career technical education programs in the areas of business management and marketing, engineering and technology, family and consumer sciences, health sciences, and skilled and technical sciences.

(b) Technical assistance funding will be available to approved career technical education programs in the areas of agriculture and natural resources, business management and marketing, engineering and technology, family and consumer sciences, health sciences, and skilled and technical sciences.

(c) The division of career technical education will develop criteria to evaluate each program and will award funding to those programs that meet or exceed the criteria established by the division for quality program funding and technical assistance funding. Specific criteria will be developed for each type of program. Types of programs will be defined by the state board for career technical education. All eligible career technical programs will be considered for funding. Eligible programs may not be career technical schools and must meet all eligibility criteria developed by the division of career technical education. The amount of each award will be determined each award cycle by the division of career technical education and will be contingent upon the availability of appropriated funds.

(3) Workforce readiness incentive funding.

(a) Eligible career technical education pathway programs in any career technical education program area may receive workforce readiness incentive funds. Workforce readiness incentive funds will be distributed based on the number of secondary career technical concentrators who have demonstrated workforce readiness at the completion of the career technical education program.

(b) The division of career technical education will develop criteria to evaluate each program and will award funding to those programs that meet or exceed the criteria established by the division for quality program funding and technical assistance funding. Specific criteria will be developed for each type of program. Types of programs will be defined by the state board for career technical education. All eligible career technical programs will be considered for funding. Eligible programs may not be career technical schools and must meet all eligibility criteria developed by the division of career technical education. The amount of each award will be determined each award cycle by the division of career technical education and will be contingent upon the availability of appropriated funds.

(4) The state board for career technical education may adopt rules to implement the provisions of this section.

History:

[(33-1635) 33-1634; added 2018, ch. 16, sec. 3, p. 21; am. and redesig. 2019, ch. 161, sec. 3, p. 527.]
Idaho Code § 33-1217 — Idaho Code / Title 33 / Chapter 12 / Section 33-1217
33-1217 ACCRUED UNUSED SICK LEAVE — TRANSFER.
Status: in_force

33-1217. accrued unused sick leave — Transfer. Unused sick leave shall accrue from year to year as long as an employee remains continuously in the service of the same school district, including charter districts. Termination of employment in any district shall terminate sick leave rights, both current and accrued, except when such employee is employed by a public education entity or by a state educational agency, as such terms are defined in section 67-5302, Idaho Code, during the school year immediately following the year of termination or within three (3) school years immediately following the year of termination if termination of employment is due to a reduction in force; and the accrued sick leave shall be secured for, and credited to, the employee by the public education entity or state educational agency thereafter employing such employee. Any state educational agency employee or public education entity employee who obtains employment with a school district during the current or subsequent school year following termination shall be credited any unused sick leave accrued during state employment. Whenever new school districts are formed by the consolidation or by the division of existing districts, the accrued sick leave of school district employees who continue in service in the new district or districts created by such consolidation or division shall have such accrued sick leave secured for and credited to them in such newly created district or districts.

History:

[33-1217, added 1963, ch. 13, sec. 158A, p. 27; am. 1965, ch. 148, sec. 1, p. 287; am. 1971, ch. 33, sec. 1, p. 77; am. 1974, ch. 112, sec. 2, p. 1278; am. 2012, ch. 105, sec. 1, p. 281; am. 2014, ch. 238, sec. 1, p. 600; am. 2016, ch. 199, sec. 3, p. 560.]
Idaho Code § 33-6201 — Idaho Code / Title 33 / Chapter 62 / Section 33-6201
33-6201 SHORT TITLE.
Status: in_force

33-6201. SHORT TITLE. This chapter shall be known and may be cited as the "Fairness in Women's Sports Act."

History:

[33-6201, added 2020, ch. 333, sec. 1, p. 967.]
Idaho Code § 33-5214 — Idaho Code / Title 33 / Chapter 52 / Section 33-5214
33-5214 PUBLIC CHARTER SCHOOL AUTHORIZERS FUND.
Status: in_force

33-5214. PUBLIC CHARTER SCHOOL AUTHORIZERS FUND. There is hereby created in the state treasury a fund to be known as the public charter school authorizers fund. All authorizer fees paid for public charter schools under the governance of the public charter school commission shall be deposited in this fund and be subject to appropriation.

History:

[33-5214, added 2024, ch. 9, sec. 39, p. 80.]
Idaho Code § 33-2111 — Idaho Code / Title 33 / Chapter 21 / Section 33-2111
33-2111 TAXES AND OTHER FINANCIAL SUPPORT FOR COMMUNITY COLLEGES.
Status: in_force

33-2111. Taxes and other financial support for community colleges. For the maintenance and operation of each community college, in addition to the income from tuition paid by students as hereinbefore provided, the board of trustees may levy upon the taxable property within the district a tax not to exceed one hundred twenty-five thousandths percent (.125%) of the market value for assessment purposes on all taxable property within the district.

The tax levy determined by the board of trustees, within said limit, shall be certified to the board of county commissioners in each county in which the district may lie, not later than the second Monday in September of each year. No levy in excess of one hundred twenty-five thousandths percent (.125%) of the market value for assessment purposes on all taxable property within the district shall be made unless a supplemental levy in a specified amount be first authorized through an election held, as provided in title 34, Idaho Code, as if the community college district were a school district and approved by a majority of the district electors voting in such election.

History:

[33-2111, added 1963, ch. 363, sec. 11, p. 1037; am. 1979, ch. 291, sec. 1, p. 769; am. 1980, ch. 242, sec. 1, p. 561; am. 1982, ch. 255, sec. 8, p. 661; am. 1995, ch. 82, sec. 13, p. 226; am. 1996, ch. 322, sec. 32, p. 1063; am. 2007, ch. 129, sec. 1, p. 386; am. 2009, ch. 341, sec. 51, p. 1027.]
Idaho Code § 33-4005 — Idaho Code / Title 33 / Chapter 40 / Section 33-4005
33-4005 POWERS AND DUTIES OF THE BOARD OF TRUSTEES.
Status: in_force

33-4005. Powers and duties of the board of trustees. The board of trustees of said college upon proper conveyance thereof, shall have all rights and title to real estate and personal property of said college, control over all buildings, power to elect presidents and contract with faculty of said college, supervise students and all powers and duties with reference to said college as are now granted by the statutes of the state of Idaho to the board of regents of the University of Idaho, and the board of trustees of Idaho State University as set forth in Chapters 28, 29, 30, 36, 37 and 38 of Title 33, Idaho Code, as the same may hereafter be amended, are fully empowered to exercise said powers and assume such duties with relation to said college from and after January 1, 1969, unless otherwise specifically authorized herein to the exercise of said powers prior to said date.

History:

[33-4005, added 1967, ch. 369, sec. 5, p. 1062.]
Idaho Code § 33-206 — Idaho Code / Title 33 / Chapter 2 / Section 33-206
33-206 HABITUAL TRUANT DEFINED.
Status: in_force

33-206. Habitual truant defined. (1) An habitual truant is:

(a) Any public school pupil who, in the judgment of the board of trustees, or the board's designee, repeatedly has violated the attendance regulations established by the board; or

(b) Any child whose parents or guardians, or any of them, have failed or refused to cause such child to be instructed as provided in section 33-202, Idaho Code.

(2) A child who is an habitual truant shall come under the purview of the juvenile corrections act if he or she was within the age of compulsory attendance at the time of the violations.

History:

[33-206, added 1963, ch. 13, sec. 29, p. 27; am. 2002, ch. 348, sec. 2, p. 996; am. 2005, ch. 60, sec. 1, p. 217; am. 2010, ch. 278, sec. 1, p. 718.]
Idaho Code § 33-303 — Idaho Code / Title 33 / Chapter 3 / Section 33-303
33-303 RECLASSIFICATION OF SCHOOL DISTRICTS.
Status: in_force

33-303. Reclassification of school districts. a. Whenever the board of trustees of an elementary school district shall propose to submit to the qualified electors of the district the question of issuance of bonds for the purpose of acquiring or building any secondary school building, or whenever the board of trustees of an elementary school district shall propose to otherwise establish, or to re-establish, a secondary school, said board of trustees shall first petition the state board of education to reclassify the district. Any such petition shall be in writing and shall contain such information as will enable the state board of education to determine the feasibility of maintaining an accredited secondary school by the petitioning district.

If the state board of education shall determine that the maintenance of an accredited secondary school by the petitioning elementary school district is feasible, it shall reclassify such district but such reclassification shall be for a period of not more than three (3) years, at the end of which period the state board of education shall review its action. If, at the time of review, the district is maintaining an accredited secondary school, its reclassification shall be made permanent, subject only to the provisions of subsection (b) of this section. If, at the time of review, the district is not maintaining an accredited secondary school, the state board of education shall revoke the temporary reclassification and the district shall revert to the classification of an elementary school district.

b. If any school district, other than an elementary school district, shall have maintained no secondary school within its area for a period of five (5) successive years, the state board of education may, at any time thereafter and while such district continues to maintain no secondary school, reclassify such district as an elementary school district.

c. Whenever the state board of education shall reclassify any district, as in this section provided, written notice thereof shall be given to the board of trustees of such district and to the board of county commissioners of any county in which the district may lie.

History:

[33-303, added 1963, ch. 13, sec. 33, p. 27.]
Idaho Code § 33-1502 — Idaho Code / Title 33 / Chapter 15 / Section 33-1502
33-1502 BUS ROUTES — NON-TRANSPORTATION ZONES.
Status: in_force

33-1502. Bus routes — Non-transportation zones. The board of trustees of each school district may establish, and alter, bus routes and establish, and alter, non-transportation zones. Such routes and zones shall be determined for each year not later than the regular August meeting of the board; but nothing herein shall be construed as limiting the board in altering such routes or zones when change in the condition of the roads, or in the number of pupils being transported would justify such alteration.

A non-transportation zone shall comprise an area of a school district designated by the board of trustees which is impracticable, by reason of sparsity of pupils, remoteness, or condition of roads, to serve by established bus routes.

Whenever practicable, routes shall be so established that no bus stop shall be more than one and one-half (1 1/2) miles from the intersection of the driveway of the home of any pupil otherwise eligible for transportation and the nearest public road; except that no board of trustees shall be required to route school buses or other passenger equipment over any road not maintained as a part of a highway district, county, state or federal highway system, or by the state or national forest service; except, that the primary requirements to be observed by the board of trustees are the safety and adequate protection of the health of the pupils.

History:

[33-1502, added 1963, ch. 13, sec. 80, p. 27.]
Idaho Code § 33-3301 — Idaho Code / Title 33 / Chapter 33 / Section 33-3301
33-3301 NORMAL SCHOOL PERMANENT ENDOWMENT FUND.
Status: in_force

33-3301. Normal school permanent endowment fund. (1) There is established in the state treasury the normal school permanent endowment fund. This fund is perpetually appropriated for the beneficiaries of the endowment. The fund shall be managed and invested by the endowment fund investment board according to law and the policies established by the state board of land commissioners. The fund principal shall forever remain intact. The fund shall be a permanent fund and shall consist of the following:

(a) Proceeds of the sale of any of the lands granted to the state of Idaho by the United States government under the provisions of the Idaho Admission Bill, 26 Stat. L. 215, ch. 656, known as normal school endowment lands, and those granted in lieu of such;

(b) Proceeds of royalties arising from the extraction of minerals on normal endowment school lands owned by the state; and

(c) Moneys allocated from the normal school earnings reserve fund.

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

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

History:

[33-3301 added 1998, ch. 256, sec. 26, p. 836.]
Idaho Code § 33-2304 — Idaho Code / Title 33 / Chapter 23 / Section 33-2304
33-2304 PLAN OF COOPERATION.
Status: in_force

33-2304. Plan of cooperation. It shall be the duty of the state board empowered to cooperate as aforesaid with the appropriate state agencies to formulate a plan of cooperation in accordance with the provisions of this act and said act of Congress.

History:

[(33-2304) 1921, ch. 44, sec. 4, p. 70; I.C.A., sec. 32-1804; am. 1974, ch. 10, sec. 14, p. 49; am. 1994, ch. 46, sec. 4, p. 76.]
Idaho Code § 33-4603 — Idaho Code / Title 33 / Chapter 46 / Section 33-4603
33-4603 ADVANCED OPPORTUNITIES — NONPUBLIC SCHOOL STUDENTS.
Status: in_force

33-4603. advanced opportunities — nonpublic school students.

(1)(a) Subject to appropriation, students will be eligible to receive up to two thousand five hundred dollars ($2,500) to use toward dual credits, postsecondary credit-bearing examinations, and career technical education certificate examinations. To be eligible to receive the funds pursuant to this subsection, a student shall:

(i) Reside in Idaho;

(ii) Be enrolled in grades 7 through 12;

(iii) Not be the beneficiary of any funds pursuant to section 33-4602, Idaho Code; and

(iv) Attend a nonpublic school located in Idaho that meets the accreditation standards of an accrediting body recognized by the state board of education.

(b) Up to seventy-five dollars ($75.00) per credit hour may be used for dual credits. Dual credit courses shall be offered by a regionally accredited postsecondary institution. To qualify as an eligible dual credit course, the course shall be a credit-bearing 100-level course or higher.

(c) The state department of education shall maintain a list of eligible postsecondary credit-bearing or career technical education certificate examinations and costs. Eligible examinations include:

(i) Advanced placement (AP);

(ii) International baccalaureate (IB);

(iii) College-level examination program (CLEP); and

(iv) Career technical education examinations that lead to an industry-recognized certificate, license, or degree.

(d) For college entrance examinations and preliminary college entrance examinations, the state department of education shall maintain a list of eligible examinations and costs. Eligible costs include the cost of the examination, proctor fees, and administrative fees. Eligible examinations include the SAT, the PSAT, the ACT, and other similar examinations identified by the department.

(2) Moneys provided pursuant to this section may be used to pay an amount not to exceed the price to the student of eligible courses and examinations pursuant to the limitations stated in this section. Payments made under this section shall be made from the moneys appropriated. No later than January 15, the state department of education shall annually report to the education committees of the senate and the house of representatives details regarding the number of students benefiting from assistance with the cost of dual credit courses and examinations, the number of credits awarded, and the amounts paid pursuant to this section during the previous school year.

(3) The state department of education shall reimburse postsecondary educational institutions directly, as applicable, for such costs, up to the stated limits. Those expenses not affiliated with an Idaho postsecondary institution shall be paid to the student's middle or secondary school. Payments shall be made within one hundred twenty-five (125) days of receiving the necessary data upon which reimbursements may be paid. The submission method and timelines of reimbursement data shall be determined by the state department of education. Payments shall be made only for activity occurring and reported within each state fiscal year.

(4) If a student fails to earn credit or successfully complete a course or exam for which the department has paid a reimbursement, the student shall pay for and successfully earn credit or pay for an examination before the state department of education pays any further reimbursements for the student. Except for exams allowed under subsection (1)(d) of this section, repeated and remedial courses and examinations are not eligible for funding under this section.

(5) Schools shall establish timelines and requirements for participation in the program, including implementing procedures for the appropriate transcription of credits, reporting of program participation, and financial transaction requirements. Policies and procedures for participating in the program established by the school shall be such that students have an opportunity to participate in the program and meet established timelines and requirements for financial transactions, transcribing credits, and state department of education reporting. Participation in this program requires parent and student agreement to program requirements and completion of the state department of education's participation form documenting the program requirements.

(6) The state department of education shall reimburse community colleges or counties, as applicable, for any out-of-district county tuition pursuant to section 33-2110A, Idaho Code. Such reimbursements shall be in an amount not to exceed fifty dollars ($50.00) per credit hour and only for dual credit courses taken pursuant to this section.

(7) A student who has earned fifteen (15) postsecondary credits using the advanced opportunities program and who wishes to earn additional credits shall first identify postsecondary goals. Advisors shall counsel any student who wishes to take dual credit courses that the student should ascertain whether the particular postsecondary institution that the student desires to attend will accept the transfer of coursework credits under this section.

(8) The state board of education and state department of education may take such actions as are necessary to implement the provisions of this section, including:

(a) The promulgation of any necessary rules; and

(b) Delegation of duties under this section to a third party, provided that any contracts entered into with a third party shall be subject to the provisions of chapter 92, title 67, Idaho Code.

History:

[33-4603, added 2021, ch. 259, sec. 1, p. 799; am. 2024, ch. 139, sec. 2, p. 543; am. 2025, ch. 139, sec. 2, p. 709.]
Idaho Code § 33-902A — Idaho Code / Title 33 / Chapter 9 / Section 33-902A
33-902A PUBLIC SCHOOL EARNINGS RESERVE FUND.
Status: in_force

33-902A. Public school earnings reserve fund. (1) There is established in the state treasury the public school earnings reserve fund. The fund shall be managed and invested by the endowment fund investment board according to law and the policies established by the state board of land commissioners. The public school earnings reserve fund shall consist of the following:

(a) All earnings of the public school permanent endowment fund;

(b) Proceeds of the sale of timber on public school endowment lands;

(c) Proceeds of leases of public school endowment lands;

(d) Proceeds of interest charged upon deferred payments on public school endowment lands or timber on those lands;

(e) Earnings on contracts for the sale of timber and the sale of lands related to the public school endowment; and

(f) All other proceeds received from the use of public school endowment lands and not otherwise designated for deposit in the public school permanent endowment fund.

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

History:

[33-902A, added 1998, ch. 256, sec. 8, p. 830.]
Idaho Code § 33-3813 — Idaho Code / Title 33 / Chapter 38 / Section 33-3813
33-3813 CONSTRUCTION OF ACT.
Status: in_force

33-3813. Construction of act. The powers conferred by this act shall be in addition to and supplemental to, and the limitations imposed by this act shall not affect the powers conferred by any other law, general or special, and bonds may be issued hereunder notwithstanding the provisions of any other such law and without regard to the procedure required by any other such law. Insofar as the provisions of the act are inconsistent with the provisions of any other law, general or special, the provisions of sections 33-3801—33-3813 shall be controlling.

History:

[33-3813, added 1935 (1st E.S.), ch. 55, sec. 13, p. 145.]
Idaho Code § 33-3006 — Idaho Code / Title 33 / Chapter 30 / Section 33-3006
33-3006 GENERAL POWERS OF BOARD OF TRUSTEES.
Status: in_force

33-3006. General powers of board of trustees. The board of trustees of the Idaho State University shall have the following powers:

1. To adopt rules and regulations for its own government and for that of the university.

2. To employ a president of the university and, with his advice, to appoint such assistants, deans, instructors, specialists and other employees as are required for the operation of the university; to fix salaries and prescribe duties; and to remove the president or other employees in accordance with the policies and rules of the state board of education.

3. With the advice of the president, to prescribe the courses and programs of study, the requirements for admission, the time and standard for graduation, and to grant academic degrees to those students entitled thereto.

4. To accept grants or gifts of money, materials or property of any kind from any governmental agency, or from any person, firm or association, on such terms as may be determined by the grantor.

5. To cooperate with any governmental agency, or any person, firm or association in the conduct of any educational program, to accept grants or gifts from any source for the conduct of such program; and to conduct such program on or off campus.

6. To employ architects or engineers in planning the construction, remodeling or repair of any building or property and, whenever no other agency is designated by law so to do, to let contracts for such construction, remodeling or repair and to supervise the work thereof.

7. To have at all times, general supervision and control of all property, real and personal, appertaining to the university, and to insure the same.

History:

[33-3006, added 1963, ch. 12, sec. 7, p. 23; am. 2005, ch. 65, sec. 2, p. 229.]
Idaho Code § 33-2402 — Idaho Code / Title 33 / Chapter 24 / Section 33-2402
33-2402 REGISTRATION OF POSTSECONDARY EDUCATIONAL INSTITUTIONS.
Status: in_force

33-2402. Registration of postsecondary educational institutions. (1) Unless exempted as provided herein, each postsecondary educational institution which maintains a presence within the state of Idaho, or which operates or purports to operate from a location within the state of Idaho, shall register annually with and hold a valid certificate of registration issued by the director. A public postsecondary educational institution or agency supported primarily by taxation from either the state of Idaho or a local source in Idaho shall not be required to register under this section. The director may exempt a nonprofit postsecondary educational institution from the registration requirement in accordance with standards and criteria established in rule by the board. The director may permit a postsecondary educational institution required to register under this section to instead register as a proprietary school under section 33-2403, Idaho Code, in accordance with standards and criteria established in rule by the board.

(2) The board shall prescribe by rule the procedure for registration, which shall include, but is not limited to, a description of each degree, course or courses of study, for academic credit or otherwise, that a postsecondary educational institution intends to conduct, provide, offer or sell. Such rule shall also prescribe the standards and criteria to be utilized by the director for recognition of accreditation organizations.

(3) The director may deny the registration of a postsecondary educational institution that does not meet accreditation requirements or other standards and criteria established in rule by the board. The administrative procedure act, chapter 52, title 67, Idaho Code, shall apply to any denial of registration under this section.

(4) The director shall assess an annual registration fee on each postsecondary educational institution required to be registered under this section as established in rule by the board. Such annual registration fee shall not exceed five thousand dollars ($5,000) and shall be collected by the director and shall be dedicated for use by the director in connection with his responsibilities under this chapter.

History:

[33-2402, added 2006, ch. 240, sec. 4, p. 728; am. 2009, ch. 26, sec. 3, p. 74; am. 2011, ch. 159, sec. 2, p. 448.]
Idaho Code § 33-704 — Idaho Code / Title 33 / Chapter 7 / Section 33-704
33-704 WARRANTS NOT PRESENTED WITHIN TWO YEARS VOID.
Status: in_force

33-704. Warrants not presented within two years void. All school district warrants not presented for payment within two (2) years after being called shall be void and shall constitute no claim against the school district by which they were issued, and the treasurers of all school districts are hereby authorized to transfer any moneys set aside for the payment of such warrants to the general school fund of their districts at the expiration of such period, and no treasurer of any school district shall pay any warrant not presented within such two (2) year period. When any such transfer is made by the treasurer of any elementary district, a certificate of such transfer shall be filed with the county auditor.

History:

[33-704, added 1963, ch. 13, sec. 69, p. 27.]
Idaho Code § 33-2109 — Idaho Code / Title 33 / Chapter 21 / Section 33-2109
33-2109 PRESIDENT — INSTRUCTORS AND OTHER EMPLOYEES — REQUIREMENTS FOR ADMISSION AND GRADUATION — CERTIFICATES AND DIPLOMAS — TEXTBOOKS AND EQUIPMENT.
Status: in_force

33-2109. President — Instructors and other employees — Requirements for admission and graduation — Certificates and diplomas — Textbooks and equipment. The board of trustees shall elect a president of the college and, upon his recommendation, appoint such officers, instructors, specialists, clerks and other personnel as it may deem necessary; fix their salaries, and prescribe their duties. It shall fix the requirements for admission, and the time and standard of graduation, and issue such certificates for graduation and diplomas as may be deemed suitable. It shall prescribe the textbooks, and provide suitable apparatus, furniture and equipment for carrying on the work of the college.

History:

[33-2109, added 1963, ch. 363, sec. 9, p. 1037.]
Idaho Code § 33-2501 — Idaho Code / Title 33 / Chapter 25 / Section 33-2501
33-2501 COMMISSION FOR LIBRARIES ESTABLISHED.
Status: in_force

33-2501. Commission for libraries established. The state of Idaho recognizes that libraries are uniquely suited to making the benefits of information and information technologies available to the citizens of the state of Idaho. Therefore, the Idaho commission for libraries is hereby established for the purpose of assisting libraries to build the capacity to better serve their clientele.

History:

[33-2501, added 1998, ch. 57, sec. 2, p. 211; am. 2006, ch. 235, sec. 2, p. 701.]
Idaho Code § 33-1276 — Idaho Code / Title 33 / Chapter 12 / Section 33-1276
33-1276 INTENT OF ACT.
Status: in_force

33-1276. Intent of act. Nothing contained herein is intended to or shall conflict with, or abrogate the powers or duties and responsibilities vested in the legislature, state board of education, and the board of trustees of school districts by the laws of the state of Idaho. Each school district board of trustees is entitled, without negotiation or reference to any negotiated agreement, to take action that may be necessary to carry out its responsibility due to situations of emergency or acts of God.

History:

[33-1276, added 1971, ch. 103, sec. 6, p. 223.]
Idaho Code § 33-2008 — Idaho Code / Title 33 / Chapter 20 / Section 33-2008
33-2008 OUTPATIENTS.
Status: in_force

33-2008. Outpatients. As to expectant or delivered mothers who are outpatients of a licensed maternity home, the public school district, in which the home is located, shall provide instruction, pursuant to this chapter, for said outpatients.

History:

[33-2008, added 1963, ch. 13, sec. 186D, as added by 1963, ch. 350, sec. 1, p. 1010.]
Idaho Code § 33-1004B — Idaho Code / Title 33 / Chapter 10 / Section 33-1004B
33-1004B CAREER LADDER.
Status: in_force

33-1004B. career ladder. School districts shall receive an allocation for instructional staff and pupil service staff based on their staffs' position on the career ladder as follows:

(1) Except as otherwise provided in this section, instructional staff and pupil service staff who are in their first year of holding an Idaho certificate shall be placed in the first cell of the residency compensation rung and shall move one (1) cell on the residency compensation rung for each year they hold an Idaho certificate and are employed in an Idaho public school thereafter for up to three (3) years, at which point they will remain in the third cell of the residency rung until they earn a professional endorsement.

(2) Instructional staff and pupil service staff in their first year of holding a professional endorsement shall be placed in the first cell of the professional compensation rung.

(3) Except as otherwise provided in this section, instructional staff and pupil service staff on the professional compensation rung with four (4) years of experience shall move one (1) cell on the professional compensation rung unless they have failed to meet the professional compensation rung performance criteria for three (3) of the previous four (4) years. Instructional staff and pupil service staff on the professional compensation rung who meet the performance criteria for three (3) of the previous five (5) years, one (1) of which must be during the fourth or fifth year, shall move one (1) cell. Allocations for instructional staff and pupil service staff who do not meet the professional compensation rung performance criteria for three (3) of the previous five (5) years, one (1) of which must be during the fourth or fifth year, shall remain at the previous fiscal year allocation level. This also applies to the educational allocation.

(4) Instructional staff and pupil service staff in their first year of holding an advanced professional endorsement shall be placed in the first cell of the advanced professional compensation rung.

(5) Except as otherwise provided in this section, instructional staff and pupil service staff on the advanced professional compensation rung who met the performance criteria for the advanced professional rung in the previous year shall move one (1) cell on the advanced professional compensation rung. Allocations for instructional staff and pupil service staff who do not meet the advanced professional compensation rung performance criteria shall remain at the previous fiscal year allocation level. This also applies to the additional education allocation.

(6) Career technical education instructional staff holding an occupational specialist certificate shall be placed on the career ladder as follows:

(a) Instructional staff new to or returning to working in an Idaho public school:

(i) With two (2) or three (3) years of industry experience in a field closely related to the subjects they seek to teach shall be placed in an equivalent cell to instructional staff who have been on the career ladder and met the movement requirements for one (1) year;

(ii) With four (4) or five (5) years of industry experience in a field closely related to the subjects they seek to teach shall be placed in an equivalent cell to instructional staff who have been on the career ladder and met the movement requirements for two (2) years;

(iii) With six (6) or seven (7) years of industry experience in a field closely related to the subjects they seek to teach shall be placed in an equivalent cell to instructional staff who have been on the career ladder and met the movement requirements for three (3) years; and

(iv) With eight (8) or more years of industry experience in a field closely related to the subjects they seek to teach shall be placed in an equivalent cell to instructional staff who have been on the career ladder and met the movement requirements for four (4) years; and

(b) Existing career technical education instructional staff on the residency compensation rung shall have their placement updated consistent with the provisions of paragraph (a) of this subsection if the update would result in a rung higher than their current placement.

(7)(a) Career technical education instructional staff holding an occupational specialist certificate who are placed on the career ladder pursuant to the provisions of subsection (6) of this section and initially placed on the professional compensation rung shall move cells on the professional compensation rung as follows:

(i) Those with one (1) year of experience shall move one (1) cell on the professional compensation rung unless they have failed to meet the professional compensation rung performance criteria for the first year;

(ii) Those with two (2) years of experience shall move one (1) cell on the professional compensation rung unless they have failed to meet the professional compensation rung performance criteria in either of the two (2) years;

(iii) Those with three (3) years of experience shall move one (1) cell on the professional compensation rung unless they have failed to meet the professional compensation rung performance criteria for two (2) of the previous three (3) years; and

(iv) Those with four (4) or more years of experience shall move according to the provisions of subsection (3) of this section.

(b) Allocations for such instructional staff who do not meet the professional compensation rung performance criteria in any year shall remain at the previous fiscal year allocation level.

(8) Instructional staff or pupil service staff entering their first year on the career ladder, but with prior certificated instructional, pupil service, administrative, or equivalent elementary or secondary school experience, including in an accredited private or parochial school, shall be placed on the career ladder as follows:

(a) Instructional staff and pupil service staff who have been awarded a professional endorsement shall be placed as follows:

(i) Those with four (4) years of certificated experience and documentation from the hiring school district or charter school administrator, attesting the individual has provided evidence that the individual has met the professional compensation rung performance criteria in two (2) of the previous four (4) years, shall be placed in an equivalent cell on the career ladder to instructional staff or pupil service staff who have met the movement criteria for four (4) years; or

(ii) Those with five (5) or more years of certificated experience and documentation from the hiring school district or charter school administrator, attesting the individual has provided evidence that the individual has met the professional compensation rung performance criteria in three (3) of the previous five (5) years, with one (1) year being the fourth or fifth year, shall be placed in an equivalent cell on the career ladder to instructional staff or pupil service staff who have met the movement criteria for the equivalent number of years as they have verified experience.

(b) Instructional staff and pupil service staff who have been awarded an advanced professional endorsement with nine (9) or more years of certificated experience and documentation from the hiring school district or charter school administrator, attesting the individual has provided evidence that the individual has met the professional compensation rung performance criteria in three (3) of the previous five (5) years, with one (1) year being the fourth or fifth year, shall be placed in an equivalent cell on the career ladder to instructional staff or pupil service staff who have met the movement criteria for the equivalent number of years as they have verified experience.

(9)(a) Pupil service staff new to or returning to working in an Idaho public school who are certified in and have industry experience in a field closely related to the position in which they seek to be employed, and which position is eligible for certificated pupil service staff, shall be placed on the career ladder as follows:

(i) Those with two (2) or three (3) years of industry experience in a field closely related to the position in which they seek to work shall be placed in an equivalent cell to pupil service staff who have been on the career ladder and met the movement requirements for one (1) year;

(ii) Those with four (4) or five (5) years of industry experience in a field closely related to the position in which they seek to work shall be placed in an equivalent cell to pupil service staff who have been on the career ladder and met the movement requirements for two (2) years;

(iii) Those with six (6) or seven (7) years of industry experience in a field closely related to the position in which they seek to work shall be placed in an equivalent cell to pupil service staff who have been on the career ladder and met the movement requirements for three (3) years; and

(iv) Those with eight (8) or more years of industry experience in a field closely related to the position in which they seek to work shall be placed in an equivalent cell to pupil service staff who have been on the career ladder and met the movement requirements for four (4) years; and

(b) Existing pupil service staff on the residency compensation rung shall have their placement updated consistent with the provisions of paragraph (a) of this subsection if the update would result in a rung higher than their current placement.

(10)(a) Pupil service staff holding a pupil service staff certificate who are placed on the career ladder pursuant to subsection (9) of this section and initially placed on the professional compensation rung shall move cells on the professional compensation rung as follows:

(i) Those with one (1) year of experience shall move one (1) cell on the professional compensation rung unless they have failed to meet the performance criteria for the first year;

(ii) Those with two (2) years of experience shall move one (1) cell on the professional compensation rung unless they have failed to meet the professional compensation rung performance criteria in either of the two (2) years;

(iii) Those with three (3) years of experience shall move one (1) cell on the professional compensation rung unless they have failed to meet the professional compensation rung performance criteria for two (2) of the previous three (3) years; and

(iv) Those with four (4) or more years of experience shall move according to the provisions of subsection (3) of this section.

(b) Allocations for such pupil service staff who do not meet the professional compensation rung performance criteria in any year shall remain at the previous fiscal year allocation level.

(11) When determining the placement of instructional staff, pupil service staff, or career technical education instructional staff new to or returning to working in an Idaho public school, all experience calculated under subsections (6), (8), and (9) of this section shall be combined.

(12) In addition to the allocation amount specified for the applicable cell on the career ladder, school districts shall receive an additional allocation amount for career technical education instructional staff holding an occupational specialist certificate in the area for which they are teaching in the amount of three thousand dollars ($3,000), which shall be designated for career technical education staff and included as part of their salary.

(13) In addition to the allocation amount specified for the applicable cell on the career ladder, school districts shall receive an additional allocation amount for instructional staff and pupil service staff holding a professional or an advanced professional endorsement who have acquired additional education and meet the professional or advanced professional compensation rung performance criteria. In determining the additional education allocation amount, only transcripted credits and degrees on file with the teacher certification office of the state department of education, earned at an institution of higher education accredited by a body recognized by the state board of education or credits earned through an internship or work experience approved by the state board of education, shall be allowed. All credits and degrees earned must be in a relevant pedagogy or content area as determined by the state department of education. Additional education allocation amounts are not cumulative. Instructional staff whose initial certificate is an occupational specialist certificate shall be treated as BA degree-prepared instructional staff. Credits earned by such occupational specialist instructional staff after initial certification shall be credited toward the education allocation. Additional education allocations are:

(a) For instructional staff and pupil service staff holding a professional or an advanced professional endorsement, a baccalaureate degree and twenty-four (24) or more credits, two thousand dollars ($2,000) per fiscal year.

(b) For instructional staff and pupil service staff holding a professional or an advanced professional endorsement and a master's degree, three thousand five hundred dollars ($3,500) per fiscal year.

(c) Effective July 1, 2021, the allocation shall be:

Base Allocation 1 2 3 4 5 Residency $40,369 $40,990 $41,611 Professional $42,991 $44,836 $46,681 $48,526 $50,370 Advanced Professional $52,734 $53,207

(d) Effective July 1, 2022, the allocation shall be:

Base Allocation 1 2 3 4 5 Residency $40,742 $41,486 $42,231 Professional $43,488 $45,302 $47,116 $48,930 $50,743 Advanced Professional $53,478 $54,442 $55,389

(e) Effective July 1, 2023, the allocation shall be:

Base Allocation 1 2 3 4 5 Residency $41,118 $41,988 $42,860 Professional $43,990 $45,773 $47,555 $49,337 $51,119 Advanced Professional $54,233 $55,705 $57,165 $58,613

(f) Effective July 1, 2024, the allocation shall be:

Base Allocation 1 2 3 4 5 Residency $41,500 $42,500 $43,500 Professional $44,500 $46,250 $48,000 $49,750 $51,500 Advanced Professional $55,000 $57,000 $59,000 $61,000 $63,000

(14) Effective July 1, 2025, the educator salary-based apportionment program compensation rung cell amounts shall be adjusted by an amount equivalent to the salary-based apportionment adjustment for administrative and classified staff positions.

(15) A review of a sample of evaluations completed by administrators shall be conducted annually to verify such evaluations are being conducted with fidelity to the state framework for teaching evaluation, including each domain and identification of which domain or domains the administrator is focusing on for the instructional staff or pupil service staff member being evaluated, as outlined in administrative rule. The review shall be completed prior to November 1 of each year. The state board of education shall randomly select a sample of administrators throughout the state. A portion of such administrators' instructional staff and pupil service staff employee evaluations shall be independently reviewed. The ratio of instructional staff evaluations to pupil service staff evaluations shall be equal to the ratio of the statewide instructional staff salary allowance to pupil service staff salary allowance. The state board of education, with input from the Idaho-approved teacher preparation programs and the state department of education, shall identify individuals and a process to conduct the reviews. Administrator certificate holders shall be required to participate in ongoing evaluation training pursuant to section 33-1204, Idaho Code. The state board of education shall report annually the findings of such reviews to the senate education committee, the house of representatives education committee, the state board of education and the deans of Idaho's approved teacher preparation programs. The state board of education shall promulgate rules implementing the provisions of this subsection.

(16) School districts shall submit annually to the state the data necessary to determine if an instructional staff or pupil service staff member has met the performance criteria for movement on the applicable compensation rung. Such data shall include the individuals' performance on each of the performance criteria as defined in section 33-1001, Idaho Code, including the percentage of students meeting their measurable student achievement and student success indicator targets. The department of education shall calculate whether or not instructional staff and pupil service staff have met the compensation rung performance criteria based on the data submitted during the previous five (5) years. Individually identifiable performance evaluation ratings submitted to the state remain part of the employee's personnel record and are exempt from public disclosure pursuant to section 74-106, Idaho Code.

History:

[33-1004B, added 2015, ch. 229, sec. 5, p. 710; added 2015, ch. 229, sec. 6, p. 713; am. 2016, ch. 245, sec. 3, p. 646; am. 2016, ch. 245, sec. 4, p. 649; am. 2016, ch. 352, sec. 1, p. 1038; am. 2016, ch. 352, sec. 2, p. 1041; am. 2018, ch. 169, sec. 4, p. 350; am. 2018, ch. 169, sec. 5, p. 354; am. 2018, ch. 185, sec. 1, p. 405; am. 2019, ch. 132, sec. 1, p. 467; am. 2019, ch. 132, sec. 2, p. 472; am. 2020, ch. 151, sec. 1, p. 450; am. 2020, ch. 270, sec. 2, p. 786; am. 2020, ch. 272, sec. 2, p. 799; am. 2021, ch. 321, sec. 16, p. 959; am. 2022, ch. 3, sec. 3, p. 12; am. 2022, ch. 83, sec. 2, p. 241; am. 2026, ch. 173, sec. 1, p. 805.]
Idaho Code § 33-2720 — Idaho Code / Title 33 / Chapter 27 / Section 33-2720
33-2720 POWERS AND DUTIES OF THE BOARD OF TRUSTEES.
Status: in_force

33-2720. Powers and duties of the board of trustees. (1) The board of trustees of each library district shall have the following powers and duties consistent with the laws of the state of Idaho:

(a) To establish bylaws for its own government;

(b) To establish policies for the administration, operation and use of the library or libraries under its control;

(c) To employ and evaluate a library director or library director team to administer the library;

(d) To create job descriptions, personnel policies, and compensation packages for library personnel;

(e) To establish an annual budget and to oversee the financial management of the library district;

(f) To establish and locate libraries, branch libraries or stations to serve the district and to provide suitable rooms, structures, facilities, furniture, apparatus and appliances necessary for the conduct thereof;

(g) To acquire by purchase, devise, lease, or otherwise, and to own and hold real and personal property and to construct buildings for the use and purposes of the library district, and to sell, exchange or otherwise dispose of property real or personal, when no longer required by the district, and to insure the real and personal property of the district;

(h) To accept gifts of real or personal property for the use and purposes of the library district;

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

(j) To issue warrants, if used, in the manner specified for the issuance of warrants by school districts;

(k) To invest any funds of the district in accordance with the public depository law and other applicable state and federal laws;

(l) To pay actual and necessary expenses of members of the library staff when on business of the district;

(m) To see to the proper conduct of library district elections;

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

(o) To exercise other powers, not inconsistent with law, necessary for the effective use and management of the library.

(2) Individual trustees shall have no authority to make decisions about the policies of the library except as specifically authorized by the board.

(3) It shall be the duty of each trustee to attend all board meetings and committee meetings for committees to which he or she has been assigned.

History:

[(33-2720) 1963, ch. 188, sec. 12, p. 568; am. 1965, ch. 255, sec. 3, p. 648; am. and redesignated 1989, ch. 132, sec. 15, p. 295; am. 1996, ch. 71, sec. 23, p. 231; am. 2002, ch. 312, sec. 6, p. 889.]
Idaho Code § 33-3905 — Idaho Code / Title 33 / Chapter 39 / Section 33-3905
33-3905 ARCHAEOLOGICAL SURVEY ACCOUNT.
Status: in_force

33-3905. Archaeological survey account. There is hereby created in the dedicated fund of the state treasury, the archaeological survey account. Moneys in the account shall consist of appropriations, gifts, grants, bequests or moneys from any other source and shall be utilized by the state archaeological survey to implement and carry out the provisions of this chapter. Moneys in the account may be expended only pursuant to appropriation by the legislature except for funds received under contracts and grants which may be expended for those purposes without action by the legislature.

History:

[33-3905, added 1992, ch. 116, sec. 1, p. 389.]
Idaho Code § 33-513 — Idaho Code / Title 33 / Chapter 5 / Section 33-513
33-513 PROFESSIONAL PERSONNEL.
Status: in_force

33-513. Professional personnel. The board of trustees of each school district, including any specially chartered district, shall have the following powers and duties:

(1) To employ professional personnel, on written contract in a form approved by the state superintendent of public instruction, conditioned on a valid certificate being held by such professional personnel at the time of entering upon the duties thereunder. Should the board of trustees fail to enter into written contract for the employment of any such person, the state superintendent of public instruction shall withhold ensuing apportionments until such written contract is entered into. When the board of trustees has delivered a proposed contract for the next ensuing year to any such person, such person shall have a period of time to be determined by the board of trustees in its discretion, but in no event less than ten (10) calendar days from the date the contract is delivered, in which to sign the contract and return it to the board. If the board of trustees does not make a determination as to how long the person has to sign and return the contract, the default time limit shall be twenty-one (21) calendar days after the contract is delivered to the person. Delivery of a contract may be made only in person or by certified mail, return receipt requested or electronically, return receipt requested. When delivery is made in person, delivery of the contract must be acknowledged by a signed receipt. When delivery is made by certified mail or electronically, delivery must be acknowledged by the return of the certified mail receipt or return electronic receipt from the person to whom the contract was sent. If the delivery is made electronically, with return electronic receipt, and the district has not received a return of a signed contract and has not received an electronic read receipt from the employee, the district shall then resend the original electronically delivered contract to the employee via certified mail, return receipt requested, and provide such individual with a new date for contract return. Should the person willfully refuse to acknowledge receipt of the contract or the contract is not signed and returned to the board in the designated period of time or if no designated period of time is set by the board, the default time, the board or its designee may declare the position vacant.

(a) The board of trustees shall withhold the salary of any teacher who does not hold a teaching certificate valid in this state. It shall not contract to require any teacher to make up time spent in attending any meeting called by the state board of education or by the state superintendent of public instruction.

(b) No contract shall be issued for the next ensuing year until such time as the employee's formal written performance evaluation has been completed.

(c) If applicable student data relating to Idaho's standards achievement test has not been received by the district within thirty (30) days of the deadline to complete the formal written performance evaluation for district employees, the school district or charter school shall utilize one (1) of the other objective measures of growth in student achievement as determined by the board of trustees or governing board, not including Idaho's standards achievement test, in order to complete the required student achievement component of performance evaluations.

(2) In the case of school districts other than elementary school districts, to employ a superintendent of schools for a term not to exceed three (3) years, who shall be the executive officer of the board of trustees with such powers and duties as the board may prescribe. The superintendent shall also act as the authorized representative of the district whenever such is required, unless some other person shall be named by the board of trustees to act as its authorized representative. The board of trustees shall conduct an annual, written formal evaluation of the work of the superintendent of the district to be completed no later than June 1. The evaluation shall indicate the strengths and weaknesses of the superintendent's job performance in the year immediately preceding the evaluation and areas where improvement in the superintendent's job performance, in the view of the board of trustees, is called for.

(3) To employ through written contract principals who shall hold a valid certificate appropriate to the position for which they are employed, who shall supervise the operation and management of the school in accordance with the policies established by the board of trustees and who shall be under the supervision of the superintendent.

(4) To employ assistant superintendents and principals for a term not to exceed two (2) years. Service performed under such contract shall be included in meeting the provisions of section 33-515, Idaho Code, as a teacher and persons eligible for a renewable contract as a teacher shall retain such eligibility. The superintendent, the superintendent's designee, or in a school district that does not employ a superintendent, the board of trustees, shall conduct an annual, written evaluation of each such employee's performance to be completed no later than June 1.

(5) To suspend, grant leave of absence, place on probation or discharge certificated professional personnel for a material violation of any lawful rules or regulations of the board of trustees or of the state board of education, or for any conduct that could constitute grounds for revocation of a teaching certificate. Any certificated professional employee, except the superintendent, may be discharged during a contract term under the following procedures:

(a) The superintendent or any other duly authorized administrative officer of the school district may recommend the discharge of any certificated employee by filing with the board of trustees written notice specifying the alleged reasons for discharge.

(b) Upon receipt of such notice, the board, acting through its duly authorized administrative official, shall give the affected employee written notice of the allegations and the recommendation of discharge, along with written notice of a hearing before the board prior to any determination by the board of the truth of the allegations.

(c) The hearing shall be scheduled to take place not less than six (6) days nor more than twenty-one (21) days after receipt of the notice by the employee. The date provided for the hearing may be changed by mutual consent.

(d) The hearing shall be public unless the employee requests in writing that it be in executive session.

(e) All testimony at the hearing shall be given under oath or affirmation. Any member of the board, or the clerk of the board, may administer oaths to witnesses or affirmations by witnesses.

(f) The employee may be represented by legal counsel and/or by a representative of a local or state teachers association.

(g) The chairman of the board or the designee of the chairman shall conduct the hearing.

(h) The board shall cause an electronic record of the hearing to be made or shall employ a competent reporter to take stenographic or stenotype notes of all the testimony at the hearing. A transcript of the hearing shall be provided at cost by the board upon request of the employee.

(i) At the hearing, the superintendent or other duly authorized administrative officer shall present evidence to substantiate the allegations contained in such notice.

(j) The employee may produce evidence to refute the allegations. Any witness presented by the superintendent or by the employee shall be subject to cross-examination. The board may also examine witnesses and be represented by counsel.

(k) The affected employee may file written briefs and arguments with the board within three (3) days after the close of the hearing or such other time as may be agreed on by the affected employee and the board.

(l) Within fifteen (15) days following the close of the hearing, the board shall determine and, acting through its duly authorized administrative official, shall notify the employee in writing whether the evidence presented at the hearing established the truth of the allegations and whether the employee is to be retained, immediately discharged, or discharged upon termination of the current contract.

(m) If the employee appeals the decision of the board of trustees to the district court, the district court may affirm the board's decision or set it aside and remand the matter to the board of trustees on the following grounds and shall not set the same aside for any other grounds:

(i) That the findings of fact are not based on any substantial, competent evidence;

(ii) That the board of trustees has acted without jurisdiction or in excess of its authority; or

(iii) That the findings by the board of trustees as a matter of law do not support the decision.

(n) The determination of the board of trustees shall be affirmed unless the court finds that the action of the board of trustees was:

(i) In violation of constitutional or statutory provisions;

(ii) In excess of the statutory authority of the board;

(iii) Made on unlawful procedure; or

(iv) Arbitrary, capricious or an abuse of discretion.

(o) Record augmentation on appeal:

(i) If, before the date set for any hearing at the district court, application is made to the court for leave to present additional evidence and it is shown to the satisfaction of the court that the additional evidence is material, relates to the validity of the board action and that there was good cause for failure to present it in the proceeding before the board, then the court may remand the matter to the board with direction that the board receive additional evidence and conduct additional fact-finding;

(ii) Any party desiring to augment the transcript or record may file a motion in the same manner and pursuant to the same procedure for augmentation of the record in appeals to the supreme court; and

(iii) The board may modify its action by reason of the additional evidence and shall file any modifications, new findings or decisions with the reviewing court.

(6) To grant an employee's request for voluntary leave of absence. The board of trustees may delegate ongoing authority to grant an employee's request for voluntary leave of absence to the district's superintendent or other designee. Upon the superintendent or designee's granting of an employee's request for voluntary leave of absence, the board shall ratify or nullify the action at the next regularly scheduled board meeting.

(7) To delegate to the superintendent or other designee the ongoing authority to place any employee on a period of involuntary leave of absence should the superintendent or designee believe that such action is in the best interest of the district. Upon the superintendent or designee's action to place a certificated employee on a period of involuntary leave of absence, the board shall ratify or nullify the action of the superintendent or designee at the next regularly scheduled meeting of the board or at a special meeting of the board should the next regularly scheduled meeting of the board not be within a period of twenty-one (21) days from the date of the action.

(a) Where there is a criminal court order preventing the certificated employee from being in the presence of minors or students, preventing the employee from being in the presence of any other adult individual employed at the school or detaining the employee in prison or jail, the certificated employee's involuntary leave of absence shall be without pay due to the certificated employee's inability to perform the essential functions of the employee's position. Without such a condition or situation, the involuntary leave of absence shall be with pay.

(i) During the period of involuntary leave of absence without pay, the salary of the certificated employee will be maintained in a district-managed account. Should the certificated employee return to the district for active employment subsequent to the removal or dismissal of the court order, acquittal or adjudication of innocence, the district shall remit the salary funds, less the cost incurred by the district for the substitute hired to replace the certificated employee. Further, should the certificated employee return to the district under the provisions established in this subsection, the district shall arrange to have the certificated employee credited with the public employee retirement system of Idaho (PERSI) for the certificated employee's time away from work during the period of leave of absence.

(ii) During the period of involuntary leave of absence, the district shall continue to pay the district's portion of monthly costs associated with the certificated employee's health insurance benefits. The assumption of this payment by the district shall not alter the certificated employee's financial obligations, if any, under the policy.

(b) Should there be dual court orders preventing more than one (1) employee from being in the presence of one (1) or more other employees, all employees subject to the court order shall be excluded from the school pursuant to paragraph (a) of this subsection.

(c) If the period of involuntary leave of absence is due to the district's need to conduct an investigation into the conduct of the certificated employee, and there are no related criminal investigations or criminal charges of any nature pending, the administration shall complete its investigation within a period of sixty (60) working days. On or before the sixtieth working day, the administrative leave shall either cease and the certificated employee shall be returned to his position of employment or the administration shall advance a personnel recommendation to the board of trustees. If a recommendation is advanced, the involuntary leave of absence shall continue until such time as the district board has made its decision in regard to the personnel recommendation with such decision effectively concluding the involuntary leave of absence. If a related criminal investigation is occurring or criminal charges are pending, the district shall not be bound to any limitation as to the duration of involuntary leave of absence. The timelines established in this section may be waived or modified by mutual agreement.

History:

[33-513, added 1963, ch. 13, sec. 71, p. 27; am. 1973, ch. 126, sec. 1, p. 238; am. 1975, ch. 256, sec. 1, p. 700; am. 1976, ch. 84, sec. 1, p. 288; am. 1976, ch. 86, sec. 2, p. 294; am. 1978, ch. 340, sec. 3, p. 875; am. 1981, ch. 311, sec. 1, p. 653; am. 1983, ch. 83, sec. 1, p. 169; am. 1984, ch. 286, sec. 8, p. 663; am. 1985, ch. 107, sec. 3, p. 193; am. 1986, ch. 46, sec. 1, p. 134; am. 1988, ch. 267, sec. 1, p. 883; am. 1991, ch. 173, sec. 2, p. 422; am. 2011, ch. 96, sec. 1, p. 209; am. 2011, ch. 295, sec. 1, p. 821; am. 2012, ch. 265, sec. 1, p. 734; am. 2013, ch. 67, sec. 1, p. 162; am. 2013, ch. 298, sec. 1, p. 785; am. 2013, ch. 331, sec. 1, p. 863; am. 2013, ch. 347, sec. 1, p. 938; am. 2014, ch. 276, sec. 1, p. 695; am. 2016, ch. 191, sec. 1, p. 526; am. 2026, ch. 342, sec. 5, p. 1331.]
Idaho Code § 33-2709 — Idaho Code / Title 33 / Chapter 27 / Section 33-2709
33-2709 EXISTING TAX SUPPORTED CITY LIBRARIES MAY JOIN LIBRARY DISTRICTS.
Status: in_force

33-2709. Existing TAX SUPPORTED city libraries may join library districts. Any tax supported city library may join an established library district by majority vote of the qualified electors of the city according to procedure set forth in section 33-2707, Idaho Code. A true copy of the petition and the district library board's notice of approval or disapproval shall be sent to the city council. When the notice carries the approval of the district library board, the city clerk shall order the election and give notice to the county clerk who shall conduct the election in a manner consistent with chapter 14, title 34, Idaho Code, and at such time as prescribed in section 34-106, Idaho Code. After receiving the certification of results of the election from the county clerk, the city council shall give notice of those results to the library district board and the board of county commissioners.

If the proposal has been approved by the majority required, the board of county commissioners of the home county of the district shall enter its order amending the boundaries of the district, including a map drawn in a draftsmanlike manner, and a copy shall be transmitted to the board of trustees of the library district, to the board of county commissioners of the county in which the petition arose, and to the board of library commissioners.

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

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

History:

[(33-2709) 1963, ch. 188, sec. 8, p. 568; am. and redesignated 1990, ch. 378, sec. 6, p. 1050; am. 1996, ch. 71, sec. 10, p. 223; am. 2006, ch. 235, sec. 23, p. 712; am. 2013, ch. 135, sec. 1, p. 307.]
Idaho Code § 33-2907 — Idaho Code / Title 33 / Chapter 29 / Section 33-2907
33-2907 PURNELL ACT — CONTINUING APPROPRIATION OF MONEYS RECEIVED.
Status: in_force

33-2907. Purnell act — Continuing appropriation of moneys received. All moneys accruing or accrediting to, and which may be received for and on account of said act are hereby perpetually appropriated and set apart for the support and maintenance of the work contemplated in the aforementioned act of Congress.

History:

[(33-2907) 1927, ch. 22, sec. 3, p. 27; I.C.A., sec. 32-2407.]
Idaho Code § 33-3701 — Idaho Code / Title 33 / Chapter 37 / Section 33-3701
33-3701 CONTRACTS FOR HOUSING FACILITIES AT STATE INSTITUTIONS.
Status: in_force

33-3701. Contracts for housing facilities at state institutions. The state board of education and board of regents of the University of Idaho, acting as the board of regents of the University of Idaho, or as the board of trustees of the Lewis-Clark State College, or as the board of trustees of the Boise State University, or as the board of trustees of the Idaho State University are hereby authorized to enter into contracts with persons, firms and corporations, for the purpose of providing dormitory and housing facilities for the students of said institutions; for the purposes the board may contract for the leasing and purchase of lands and buildings and for the purchase and installation of fixtures, furniture, furnishings and equipment in such buildings; the board may contract to pay as rent or otherwise a sum sufficient to pay, on the amortization plan, the principal and interest thereon, of the purchase-price of lands and buildings, such contracts to run not over twenty (20) years; the rate of interest on the principal on any purchase shall not exceed seven percent (7%) per annum payable semiannually or annually.

History:

[(33-3701) 1923, ch. 72, sec. 1, p. 79; am. 1929, ch. 132, sec. 1, p. 216; I.C.A., sec. 32-3201; am. 1947, ch. 99, sec. 13, p. 182; am. 1947, ch. 100, sec. 12, p. 190; am. 1947, ch. 107, sec. 11, p. 217; am. 1963, ch. 286, sec. 1, p. 752; am. 2009, ch. 11, sec. 10, p. 21.]
Idaho Code § 33-518 — Idaho Code / Title 33 / Chapter 5 / Section 33-518
33-518 EMPLOYEE PERSONNEL FILES.
Status: in_force

33-518. Employee personnel files. The board of trustees of each school district, including any specially chartered district, shall provide for the establishment and maintenance of a personnel file for each employee of the school district. Each personnel file shall contain any and all material relevant to the evaluation of the employee. The employee shall be provided timely notice of all materials placed in the personnel file and shall be afforded the opportunity to attach a rebuttal to any such materials. Personnel files are declared to be confidential and excepted from public access under any provision of the Idaho Code, including, but not limited to, sections 74-102 and 59-1009, Idaho Code, provided that each employee or designated representative shall be given access to his own personnel file upon request and shall be provided copies of materials contained therein, with the exception of recommendation letters, in a timely manner upon request.

History:

[33-518, added 1990, ch. 418, sec. 1, p. 1157; am. 2015, ch. 244, sec. 19, p. 1018; am. 2017, ch. 58, sec. 14, p. 109.]
Idaho Code § 33-918 — Idaho Code / Title 33 / Chapter 9 / Section 33-918
33-918 BEST PRACTICES PLAN FOR SCHOOL FACILITIES.
Status: in_force

33-918. BEST PRACTICES PLAN FOR SCHOOL Facilities. The state department of education shall draft a best practices maintenance plan for school facilities that shall be supplied to the superintendent of each school district. Based on the best practices plan, each school district shall develop a ten (10) year plan and submit it to the state department of education for approval outlining its anticipated construction, renovation, and maintenance needs. Such plan shall be submitted in advance of receiving a distribution from the school modernization facilities fund, pursuant to the provisions of this chapter. The plan shall outline the resources and steps necessary for all school buildings in the school district to be in good or perfect condition. The plan shall also take into consideration population trends and changing preferences in the delivery of education within the school district.

History:

[33-918, added 2024, ch. 237, sec. 20, p. 833.]
Idaho Code § 33-127 — Idaho Code / Title 33 / Chapter 1 / Section 33-127
33-127 EMPLOYEES.
Status: in_force

33-127. Employees. Employees of the department shall be appointed by the superintendent of public instruction in accordance with the provisions of chapter 16, title 59, and chapter 53, title 67, Idaho Code.

History:

[33-127, added 1972, ch. 126, sec. 3, p. 249; am. 1989, ch. 94, sec. 1, p. 220.]
Idaho Code § 33-2701 — Idaho Code / Title 33 / Chapter 27 / Section 33-2701
33-2701 PURPOSE AND POLICY.
Status: in_force

33-2701. Purpose and policy. It is hereby declared to be the policy of the state of Idaho, as a part of the provisions for public education, to promote the establishment and development of public library service for all the people of Idaho. By so declaring, the state acknowledges that the ability of its citizens to access information has a critical impact on the state's educational success, economic development, provision for an informed electorate, and overall quality of life. It is the purpose of this chapter to integrate, extend and add to existing library services and resources so that public library service may be available to all residents of the state from infancy through adulthood, beginning in the formative years and continuing for lifelong learning.

History:

[33-2701, added 1963, ch. 188, sec. 1, p. 568; am. 1995, ch. 119, sec. 1, p. 513; am. 1996, ch. 71, sec. 2, p. 217; am. 2002, ch. 312, sec. 1, p. 886.]
Idaho Code § 33-3731 — Idaho Code / Title 33 / Chapter 37 / Section 33-3731
33-3731 CONTRACT REQUIREMENTS FOR STATE-SUPPORTED MEDICAL STUDENTS — HUMAN MEDICAL EDUCATION REIMBURSEMENT FUND.
Status: in_force

33-3731. contract requirements for state-supported medical students — HUMAN medical education reimbursement fund.

(1)(a) An individual who qualifies as an Idaho resident pursuant to section 33-3717B, Idaho Code, and who is accepted into a human medical or veterinary education program enrolling Idaho students supported by Idaho state funds in slots reserved for Idaho students shall, before confirming enrollment in such program or school, enter into a contract with the state board of education or the board's designee.

(b) For human medical and veterinary students, such contract shall specify that the individual will commit to entering active full-time professional practice in Idaho for a period of four (4) years within one (1) year of:

(i) Obtaining a license to practice medicine;

(ii) Finishing a residency or subspecialty residency; or

(iii) Finishing a human medical or veterinary education fellowship as defined by the state board of education or the board's designee.

(c) For veterinary education students beginning the 2027-2028 academic year, the contract shall specify that the individual will commit to a course of study and subsequent service that includes mixed practice agricultural animal veterinary medicine. The contract shall also require that no less than six hundred (600) hours of annual full-time clinical practice during the four (4) years of full-time professional practice shall be devoted to providing veterinary services to agricultural animals. Compliance with this requirement shall be reviewed on an annual basis.

(d) For purposes of this section, the term "agricultural animal" shall include cattle, sheep, goats, and swine.

(2) Each year of a human medical or veterinary medicine residency served in Idaho, up to four (4) years, will be credited as one-half (1/2) year of the practice requirement provided in subsection (1) of this section. For veterinary education students, such residency training shall require that a majority of time be devoted to mixed practice agricultural animal veterinary medicine. After the fourth year, no credit shall be given for any additional residency years.

(3) An individual who fails to abide by the contract described in subsection (1) of this section shall reimburse the state for the state's financial obligation in supporting the individual's human medical or veterinary medicine education, as determined by the state board of education or the board's designee. Reimbursement must:

(a) Begin within one (1) year of:

(i) Obtaining a license to practice medicine;

(ii) Finishing a residency or subspecialty residency; or

(iii) Finishing a human medical or veterinary education fellowship as defined by the state board of education or the board's designee;

(b) Be paid according to an amortized schedule established by the state board of education or the board's designee; and

(c) Be completed within eight (8) years of the date the reimbursement requirement began.

(4) The reimbursement obligation described in subsection (3) of this section:

(a) Shall not accrue any interest; and

(b) May, by act of the state board of education or the board's designee, be:

(i) Suspended if reimbursement is temporarily impossible or would create extreme hardship for a temporary period, including but not limited to suspension for medical reasons, personal reasons, parental leave, or call to active duty in the armed forces; or

(ii) Waived if:

1. Reimbursement is permanently impossible or would create extreme hardship, including but not limited to death, inability to complete the program, or inability to obtain a license to practice medicine; or

2. The individual owing reimbursement is participating in a program of the federal government or United States armed forces that has a service requirement.

(5) The provisions of this section shall apply to individuals matriculating in a medical education program enrolling Idaho students supported by Idaho state funds in slots reserved for Idaho human medical students in fall 2023 and thereafter and to individuals matriculating in a veterinary education program enrolling Idaho students supported by Idaho state funds in slots reserved for Idaho veterinary students in fall 2027 and thereafter.

(6) There is hereby established in the state treasury a medical education reimbursement fund, which shall be administered by the state board of education or the board's designee. Moneys in the fund shall:

(a) Consist of:

(i) Reimbursement paid pursuant to subsection (3) of this section;

(ii) Legislative appropriations;

(iii) Donations; and

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

(b) Be used for, subject to availability:

(i) The costs of administering and enforcing the provisions of this section; and

(ii) Incentive grants in an amount and according to a program established under state board of education policy. Such grants shall be awarded to licensed physicians who practice human medicine or licensed veterinarians who practice veterinary medicine in Idaho and who meet other criteria provided in board policy.

(7) The state board of education is authorized to take such actions as are necessary to effectuate the provisions of this section.

History:

[33-3731, added 2022, ch. 278, sec. 1, p. 887; am. 2025, ch. 257, sec. 2, p. 1127; am. 2026, ch. 246, sec. 1, p. 1045.]
Idaho Code § 33-1613 — Idaho Code / Title 33 / Chapter 16 / Section 33-1613
33-1613 SAFE PUBLIC SCHOOL FACILITIES REQUIRED.
Status: in_force

33-1613. Safe public school facilities required. (1) Definition. As used in this section, "public school facilities" means the physical plant of improved or unimproved real property owned or operated by a school district, a charter school, or a school for children in any grades kindergarten through twelve (12) that is operated by the state of Idaho, including school buildings, administration buildings, playgrounds, athletic fields, etc., used by schoolchildren or school personnel in the normal course of providing a general, uniform and thorough system of public, free common schools, but does not include areas, buildings or parts of buildings closed from or not used in the normal course of providing a general, uniform and thorough system of public, free common schools. The aspects of a safe environment conducive to learning as provided by section 33-1612, Idaho Code, that pertain to the physical plant used to provide a general, uniform and thorough system of public, free common schools are hereby defined as those necessary to comply with the safety and health requirements set forth in this section.

(2) Inspection. It is the duty of the board of trustees of every school district and the governing body for other schools described in subsection (1) of this section at least once in every school year to require an independent inspection of the school district's or other entity's school facilities to determine whether those school facilities comply with codes addressing safety and health standards for facilities, including electrical, plumbing, mechanical, elevator, fire safety, boiler safety, life safety, structural, snow loading, and sanitary codes, adopted by or pursuant to the Idaho uniform school building safety act, chapter 80, title 39, Idaho Code, adopted by the state fire marshal, adopted by generally applicable local ordinances, or adopted by rule of the state board of education and applicable to school facilities. The inspection shall be done pursuant to chapter 80, title 39, Idaho Code, or by an independent inspector professionally qualified to conduct inspections under the applicable code. The results of the inspection shall be presented to the administrator of the division of occupational and professional licenses and the board of trustees or other governing body for its review and consideration.

(3) Abatement required — Reporting. The board of trustees or other governing body shall require that the unsafe or unhealthy conditions be abated and shall instruct the school district's or other entity's personnel to take necessary steps to abate unsafe or unhealthy conditions. The board of trustees or other governing body must issue a report in the same school year in which the inspections are made declaring whether any unsafe or unhealthy conditions identified have not been abated. The state board of education shall, by rule, provide for uniform reporting of unsafe and unhealthy conditions and for uniform reporting of abatement or absence of abatement of unsafe and unhealthy conditions. Copies of such reports shall be provided to the administrator of the division of occupational and professional licenses and the board of trustees of the school district.

(4) Costs of and plan of abatement. If the school district or other entity described in subsection (1) of this section can abate all unsafe or unhealthy conditions identified with the funds available to the school district or other entity, it shall do so, and it need not separately account for the costs of abatement nor segregate funds expended for abatement. If the school district or other entity cannot abate all unsafe or unhealthy conditions identified with the funds available to it, the board of trustees or other governing body shall direct that a plan of abatement be prepared. The plan of abatement shall provide a timetable that shall begin no later than the following school year and that shall provide for abatement with all deliberate speed of unsafe and unhealthy conditions identified. The abatement plan shall be submitted to the administrator of the division of occupational and professional licenses. The school district or other entity shall immediately begin to implement its plan of abatement and must separately account for its costs of abatement of unsafe and unhealthy conditions and separately segregate funds for the abatement of unsafe and unhealthy conditions as required by subsection (5) of this section.

(5) Special provisions for implementation of plan of abatement.

(a) Notwithstanding any other provisions of law concerning expenditure of lottery moneys distributed to the school district or other entity, all lottery moneys provided to the school district or other entity for a school year in which the school district cannot abate unsafe or unhealthy conditions identified and not legally encumbered to other uses at the time and all lottery moneys for following school years shall be segregated and expended exclusively for abatement of unsafe and unhealthy conditions identified until all of the unhealthy and unsafe conditions identified are abated, provided, if the school district has obtained a loan from the school safety and health revolving loan and grant fund, the provisions of section 33-1017, Idaho Code, and the conditions of the loan shall determine the use of the school district's lottery moneys during the term of the loan.

(b) If the lottery moneys referred to in paragraph (a) of this subsection will, in the board of trustees' or other governing bodies' estimation, be insufficient to abate the unsafe and unhealthy conditions identified, the plan of abatement shall identify additional sources of funds to complete the abatement of the unsafe and unhealthy conditions. The board of trustees may choose from among the following sources, or from other sources of its own identification, but the plan of abatement must identify sufficient sources of funds for abatement.

(i) If the school district is not levying under chapter 8, title 33, Idaho Code, at the maximum levies allowed by law for levies that may be imposed by a board of trustees without an election, the board of trustees may increase any of those levies as allowed by law for the school year following the school year in which it was unable to abate unsafe or unhealthy conditions identified.

(ii) If the school district is levying under chapter 8, title 33, Idaho Code, at the maximum levies allowed by law for levies that may be imposed by the board of trustees without an election; or, if after increasing those levies to the maximum levies allowed by law for levies that may be imposed by the board of trustees without an election, there will still be insufficient funds to abate unsafe or unhealthy conditions identified, the school district, after giving notice and conducting a hearing, may declare a financial emergency and/or may apply for a loan or, if eligible, an interest grant from the school safety and health revolving loan and grant fund as provided in section 33-1017, Idaho Code, to obtain funds to abate the unsafe or unhealthy conditions identified.

(iii) Upon the declaration of a financial emergency, the board of trustees shall have the power to impose a reduction in force, to freeze some or all salaries in the school district, and/or to suspend some or all contracts that may be legally suspended upon the declaration of a financial emergency; provided, that when a board of trustees declares a financial emergency, or when a declaration of a financial emergency is imposed by the state treasurer pursuant to section 33-1017, Idaho Code, and there is a reduction in force, some or all salaries are frozen, or some contracts are suspended, the payments to the school district under the foundation program of chapter 10, title 33, Idaho Code, and in particular the staff allowances under that chapter, shall not be reduced during the duration of the financial emergency as a result of a reduction in force, frozen salaries, or suspended salaries from what the staff allowance would be without the reduction in force, frozen salaries or suspended contracts.

(c) All costs of abatement for a program implementing plans of abatement under subsection (5) of this section must be separately accounted for and documented with regard to abatement of each unsafe or unhealthy condition identified. Funds obtained under section 33-1017, Idaho Code, must be used exclusively to abate unsafe or unhealthy conditions identified. Funds obtained pursuant to section 33-1017, Idaho Code, in excess of funds necessary to abate unsafe or unhealthy conditions identified must be returned as provided in section 33-1017, Idaho Code. Return of these funds shall be judicially enforceable as provided in section 33-1017, Idaho Code.

History:

[33-1613, added 2000, ch. 219, sec. 1, p. 607; am. 2001, ch. 326, sec. 3, p. 1148; am. 2002, ch. 158, sec. 1, p. 458; am. 2023, ch. 15, sec. 5, p. 75.]
Idaho Code § 33-5205C — Idaho Code / Title 33 / Chapter 52 / Section 33-5205C
33-5205C PUBLIC CHARTER SCHOOL REPLICATION.
Status: in_force

33-5205C. PUBLIC CHARTER SCHOOL REPLICATION. (1) Public charter schools that have successfully completed at least one (1) renewal without condition may apply for fast-tracked replication.

(2) Replication public charter schools must have the same operational model and serve the same, or a subset of the same, grades as the public charter school being replicated.

(3) An abridged application for replication shall narrowly focus on:

(a) A description of the capacity of the charter holder to successfully replicate an additional school;

(b) A description of how the charter holder will manage multiple charter schools while maintaining a high level of academic and fiscal performance in the original public charter school and the replication school; and

(c) Location-specific information for the new replication charter school.

(4) Replication applications shall be considered by an authorizer within forty-five (45) days of submission unless the replication applicant agrees to a later date.

History:

[33-5205C, added 2024, ch. 9, sec. 19, p. 70.]
Idaho Code § 33-3403 — Idaho Code / Title 33 / Chapter 34 / Section 33-3403
33-3403 BUREAU OF EDUCATIONAL SERVICES FOR THE DEAF AND THE BLIND ESTABLISHED — GOAL.
Status: in_force

33-3403. Bureau of educational services for the deaf and the blind established — GOAL. (1) There is hereby established the Idaho bureau of educational services for the deaf and the blind, a provider of supplemental services for students who are deaf or hard of hearing and/or blind or visually impaired. The Idaho bureau of educational services for the deaf and the blind may operate a school for the deaf and the blind at which it shall provide residential and day campus programs. The Idaho bureau of educational services for the deaf and the blind may also operate an outreach program intended to provide services to students outside the campus area, as well as early intervention and family consultation.

(2) The goal of the Idaho bureau of educational services for the deaf and the blind is to assist school districts and state agencies in providing accessibility, quality and equity to students in the state with sensory impairments through a continuum of service and placement options.

History:

[33-3403, added 2009, ch. 168, sec. 4, p. 505.]
Idaho Code § 33-1638 — Idaho Code / Title 33 / Chapter 16 / Section 33-1638
33-1638 CURSIVE HANDWRITING PROFICIENCY REQUIREMENT IN IDAHO PUBLIC SCHOOLS.
Status: in_force

33-1638. cursive handwriting proficiency requirement in Idaho public schools. (1) Idaho public schools shall require proficiency in cursive handwriting for students by the end of grade 5. "Cursive handwriting proficiency" means that students can write legibly in cursive.

(2) The state board of education shall require cursive handwriting instruction for students by grade 3.

(3) The state department of education shall:

(a) Set benchmarks for cursive handwriting proficiency;

(b) Provide guidelines and examples for assessing student progress; and

(c) Share resources to assist teachers in providing effective cursive handwriting instruction.

(4) All Idaho public schools shall be in compliance with the provisions of this section by the start of the 2025-2026 school year.

(5) Students who do not achieve cursive handwriting proficiency by the end of grade 5 shall receive additional instruction until such proficiency is demonstrated.

History:

[33-1638, added 2025, ch. 46, sec. 2, p. 221.]
Idaho Code § 33-4804 — Idaho Code / Title 33 / Chapter 48 / Section 33-4804
33-4804 PUBLIC SCHOOL DIGITAL CONTENT AND CURRICULUM FUND.
Status: in_force

33-4804. Public school digital content and curriculum fund. (1) There is hereby established in the state treasury the public school digital content and curriculum fund, to be administered by the state department of education, which shall make available moneys in the fund, subject to appropriation, for schools to provide Idaho classrooms, including classrooms at the Idaho bureau of educational services for the deaf and the blind, with digital content and curriculum that directly impact student achievement and improve performance. Curriculum programs shall be designed to enhance outcomes for students in career technical education, character education, enrichment activities, reading and mathematics, and activities that increase grade-to-grade promotion and enhance career and college readiness. Moneys from the fund may also be spent on academic text support systems that include authentic fiction and nonfiction books, provide reader supports, provide teaching tools, and promote parent engagement. Moneys in the fund shall consist of legislative appropriations and are continuously appropriated for the purposes identified in this section. Any interest earned on idle moneys in the fund shall be returned to the fund.

(2) Subject to availability, moneys in the fund shall be distributed at the request of a local education agency (LEA) and shall be based on the amount requested. A single request shall not exceed fifty thousand dollars ($50,000). Distributions from the fund shall be made to LEAs that meet the requirements as outlined in this subsection based on competitive, needs-based criteria established by the state department of education. If distributions cannot be made due to lack of available moneys, requests by eligible LEAs shall be prioritized according to the competitive, needs-based criteria established by the state department of education pursuant to this subsection once moneys become available. Two (2) or more LEAs may jointly request a distribution. To qualify for funding, an LEA shall:

(a) Have technology infrastructure in place to facilitate usage of the digital content and curriculum; and

(b) Submit an explanation for how the distribution will be used to improve performance and enhance student achievement. Explanations should include:

(i) The amount of moneys requested;

(ii) The type of content or curriculum to be purchased;

(iii) How the purchase will assist the LEA in meeting its identified measurable targets from its continuous improvement plan as described in section 33-320, Idaho Code; and

(iv) How progress toward those targets will be measured.

(3) Additional distributions shall be granted to an LEA only if, after the initial distribution, the LEA has met or is making demonstrable progress toward its measurable targets.

History:

[(33-4804) 33-4806, added 1994, ch. 229, sec. 1, p. 718; am. 1998, ch. 40, sec. 3, p. 173; am. and redesig. 2009, ch. 27, sec. 2, p. 79; am. 2009, ch. 168, sec. 7, p. 510; am. 2020, ch. 324, sec. 2, p. 939; am. 2026, ch. 60, sec. 1, p. 256.]
Idaho Code § 33-808 — Idaho Code / Title 33 / Chapter 8 / Section 33-808
33-808 NOTICE OF ADJUSTMENT TO MARKET VALUE FOR ASSESSMENT PURPOSES UPON TERMINATION OF A REVENUE ALLOCATION AREA.
Status: in_force

33-808. Notice of adjustment to market value for assessment purposes upon termination of a revenue allocation area. (1) A charter district with a maintenance and operation levy in the immediately previous year that shall adjust its market value for assessment purposes in accordance with the provisions of section 33-802(6), Idaho Code, relating to termination of a revenue allocation area, shall advertise its action 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.

(2) 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 adjust its market value for assessment purposes in accordance with the provisions of section 33-802(6), Idaho Code, relating to termination of a revenue allocation area, and shall be published once a week for two (2) weeks following action by the board of trustees.

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

NOTICE OF PROPERTY TAX ADJUSTMENT BY SCHOOL BOARD

The (insert name of the school district) hereinafter the "District," has increased its market value for assessment purposes as of December 31, …., by the amount of the increment value of the (insert name of Redevelopment Agency Revenue Allocation Area) on such date, in accordance with the provisions of Section 33-802, Idaho Code, because the revenue allocation area gave notice of termination pursuant to Section 50-2903, Idaho Code, and as a result thereof property taxes on the increment value of the revenue allocation area will not be collected and distributed to the District. Section 33-802, Idaho Code, permits the District to replace those funds by adjusting its market value as described herein. The total amount of dollars in property taxes to be directly collected by the District pursuant to this action is estimated to be $…….

History:

[33-808, added 2005, ch. 191, sec. 2, p. 592; am. 2006, 1st Ex. Sess., ch. 1, sec. 5, p. 45.]
Idaho Code § 33-5402 — Idaho Code / Title 33 / Chapter 54 / Section 33-5402
33-5402 STATE COLLEGE SAVINGS PROGRAM BOARD — COLLEGE SAVINGS PROGRAM — POWERS AND DUTIES.
Status: in_force

33-5402. State college savings program board — College savings program — Powers and duties. There is hereby created the state college savings program board. The board shall consist of the state treasurer or his designee who shall serve as chair, the governor or designee, the state controller or designee, the attorney general or designee, the superintendent of public instruction or designee, and the secretary of state or designee. A quorum shall be necessary to transact business. Members of the board shall be compensated by their appointing entity. The state college savings program board shall:

(1) Develop and implement the program in a manner consistent with this chapter through the adoption of rules, guidelines and procedures;

(2) Retain professional services, if necessary, including accountants, auditors, consultants and other experts;

(3) Seek rulings and other guidance from the United States department of the treasury, the internal revenue service and the state tax commission relating to the program;

(4) Make changes to the program required for the participants in the program to obtain the federal income tax benefits or treatment provided by section 529 of the Internal Revenue Code of 1986, as amended;

(5) Interpret, in rules, policies, guidelines and procedures, the provisions of this chapter broadly in light of its purpose and objectives;

(6) Charge, impose and collect administrative fees and service charges in connection with any agreement, contract or transaction relating to the program;

(7) Select the depositories and act as or select managers of the program in accordance with this chapter;

(8) Enter into contracts, within the limit of funds available therefor, acquire services and personal property, and do and perform any acts that may be necessary in the administration of the program. As a board comprised of elected officials, the board shall be exempt from the provisions of the procurement statutes and shall not be an agency as defined in section 67-9203, Idaho Code;

(9) Establish, in its discretion, a trust or other method of segregating the funds of participants in the program from the general funds of the state, the funds of the board and the funds of the members of the board;

(10) Administer the program and any trust established by the board as instrumentalities of the state under section 529 of the Internal Revenue Code of 1986, as amended, and the federal securities law, including the securities act of 1933, as amended, the trust indenture act of 1939, as amended, and the investment company act of 1940, as amended;

(11) Employ and at its pleasure discharge an executive director and such other employees necessary in the administration of the program. Employees of the board shall be nonclassified exempt employees pursuant to the provisions of chapter 53, title 67, Idaho Code.

History:

[33-5402, added 2000, ch. 213, sec. 1, p. 574; am. 2008, ch. 275, sec. 2, p. 784; am. 2013, ch. 110, sec. 2, p. 260; am. 2016, ch. 289, sec. 9, p. 810.]
Idaho Code § 33-904 — Idaho Code / Title 33 / Chapter 9 / Section 33-904
33-904 COUNTY SCHOOL FUND.
Status: in_force

33-904. County school fund. The county school fund is that fund in the treasury of each county in the state to which are credited the proceeds of moneys collected from fines, forfeitures or breaches of the penal laws of the state when other disposition is not provided by law; and such other proceeds and avails as may be required by law to be credited thereto.

History:

[33-904, added 1963, ch. 13, sec. 120, p. 27; am. 1967, ch. 243, sec. 4, p. 707; am. 1978, ch. 291, sec. 1, p. 713; am. 1979, ch. 254, sec. 4, p. 663.]
Idaho Code § 33-3602 — Idaho Code / Title 33 / Chapter 36 / Section 33-3602
33-3602 OPERATIVE DATE OF COMPACT.
Status: in_force

33-3602. Operative date of compact. The foregoing compact shall as to the state of Idaho become operative, and shall be in full force and effect in accordance with the provisions of Article X thereof, upon the passage and approval of this act, and the Governor shall thereafter execute the Compact by and on behalf of this state in accordance with the terms thereof.

History:

[(33-3602) 1953, ch. 248, sec. 2, p. 391.]
Idaho Code § 33-119 — Idaho Code / Title 33 / Chapter 1 / Section 33-119
33-119 ACCREDITATION OF SECONDARY SCHOOLS — STANDARDS FOR ELEMENTARY SCHOOLS.
Status: in_force

33-119. Accreditation of secondary schools — Standards for elementary schools. The state board shall establish standards for accreditation of any secondary school and set forth minimum requirements to be met by public, private and parochial secondary schools, and those in chartered school districts, for accredited status; and the board may establish such standards for all public elementary schools as it may deem necessary.

The board may withdraw accreditation from any secondary school after such period as it may establish when it has been determined that such school has failed or neglected to conform to accreditation standards; and it may reinstate such school as accredited when in its judgment such school has again qualified for accredited status. The board may further establish minimum requirements which any pupil shall meet to qualify for graduation from an accredited secondary school.

"Secondary school" for the purposes of this section shall mean a school which, for operational purposes, is organized and administered on the basis of grades seven (7) through twelve (12), inclusive, or any combination thereof.

"Elementary school" for the purposes of this section shall mean a school which, for operational purposes, is organized and administered on the basis of grades one (1) through six (6), inclusive, one (1) through eight (8), inclusive, or any combination of grades one (1) through eight (8), inclusive.

History:

[33-119, added 1963, ch. 13, sec. 19, p. 27.]
Idaho Code § 33-1002G — Idaho Code / Title 33 / Chapter 10 / Section 33-1002G
33-1002G CAREER TECHNICAL CENTER FUNDING AND ELIGIBILITY.
Status: in_force

33-1002G. career technical center funding and eligibility. (1) School districts, public charter schools, and eligible cooperative service agencies may establish career technical centers that qualify for funding appropriated for the specific purpose of supporting the added cost of career technical centers. These funds will be appropriated to the state board for career technical education, to be expended by the division of career technical education. In order for a center to qualify for funding as a career technical center, it must make application to the division of career technical education on or before the fifteenth of April for the following fiscal year. This includes applicants for new centers and renewal applications. Approved public charter schools with career technical education programs will receive the same added cost unit as any other eligible center on an actual approved cost basis not to exceed the per-student cost for a traditional instructional delivery method. All career technical centers must meet all three (3) of the following criteria:

(a) The program serves students from two (2) or more high schools. No one (1) high school can comprise more than eighty-five percent (85%) of the total enrolled career technical center students, unless it is a new program in the first or second year of operation. During the first year of operation of a new program, no more than one (1) high school may comprise more than ninety-five percent (95%) of the total enrolled career technical students and no more than ninety percent (90%) of the total enrolled career technical students during the second year of operation. In the event a student enrolled in the career technical center is not enrolled in a public high school or is attending the sponsoring school district's high school through the school district's open enrollment policy for the purpose of accessing the career technical education program, the eighty-five percent (85%) will be calculated based on the public high school attendance area where the student resides. This provision does not exclude a public charter school with a statewide boundary from applying for appropriate added cost funds authorized for career technical education, irrespective of the instructional delivery method. In the event an existing career technical program that has been in operation for more than three (3) years should have the enrollment of career technical students increase to more than eighty-five percent (85%) in a single year, the division of career technical education may choose, with an approved enrollment plan, to use the program's three (3) year rolling average enrollment between participating high schools for determining eligibility.

(b) The majority of the program's offerings lead to some form of postsecondary credit, such as dual credit or other advanced opportunities, as defined by the state board of education, or include apprenticeship opportunities.

(c) All programs offer at least one (1) supervised field experience for all students.

(2) All career technical centers must also meet at least one (1) of the following three (3) requirements:

(a) The center is funded separately from schools that qualify for computation using regular secondary support units.

(b) The center has a separate and distinct governing board.

(c) The majority of the programs are provided at dedicated facilities that are separate from the regular high school facilities.

(3) An eligible cooperative service agency, formed pursuant to section 33-317, Idaho Code, must own or maintain a facility separate from any of the member school districts making up the cooperative service agency.

History:

[33-1002G, added 1998, ch. 261, sec. 2, p. 864; am. 1999, ch. 329, sec. 2, p. 854; am. 2016, ch. 25, sec. 7, p. 39; am. 2018, ch. 341, sec. 1, p. 781; am. 2019, ch. 298, sec. 1, p. 881; am. 2022, ch. 14, sec. 1, p. 33; am. 2023, ch. 271, sec. 1, p. 814.]
Idaho Code § 33-3604 — Idaho Code / Title 33 / Chapter 36 / Section 33-3604
33-3604 DETERMINATION OF COST PER STUDENT — REPAYMENT — CANCELLATION OF DEBT WHEN PRACTICING PROFESSION.
Status: in_force

33-3604. Determination of cost per student — Repayment — Cancellation of debt when practicing profession. The Idaho members of the Western Interstate Commission for Higher Education shall annually determine the cost to the state of Idaho of each student attending any out of state institution under the provisions of this chapter.

Each student attending any institution under the provisions of this act shall, by the acceptance of the benefits of this act, become obligated to the state of Idaho for the cost to the state of Idaho for such student, as determined by the Idaho members of the Western Interstate Commission for Higher Education. Such sum or sums, together with interest thereon at the rate of five per cent (5%) per annum from the time of the expenditure by the state of Idaho shall be repaid as follows: one-fourth (1/4) of said sum, together with accrued interest on or before three (3) years from the date such student completes or terminates his education and/or internship and one-fourth (1/4) of such sum with accrued interest on the same date annually thereafter until said sum, together with accrued interest shall have been fully paid. In case any student shall fail to make payment in accordance with the provisions of this section, the total unpaid balance shall become immediately due and payable and shall be recovered by suit brought by the attorney-general on behalf of the state of Idaho; Provided, however, that any student who shall, within three (3) years of completion of his education, engage in the practice of his profession continuously for the period of two (2) years in the state of Idaho, shall not be obligated to repay the cost of his education or any part thereof.

History:

[(33-3604) I.C., sec. 33-4004, as added by 1963, ch. 274, sec. 1, p. 708.]
Idaho Code § 33-2110 — Idaho Code / Title 33 / Chapter 21 / Section 33-2110
33-2110 TUITION.
Status: in_force

33-2110. Tuition. (1) All students of a community college shall pay tuition that shall be fixed annually by the board of trustees no later than August 1 of each year. The tuition for full-time students taking normal academic courses provided by the college, who are residents of the district, shall be fixed at not less than three hundred fifty dollars ($350) per annum, and may be increased by increments of not more than ten percent (10%) per annum to a maximum tuition of three thousand two hundred fifty dollars ($3,250) per annum. The tuition shall be, as nearly as is practicable, the annual costs of all elements of providing the courses of instruction, including interest on general obligation bonds, teaching, administration, maintenance, operation and depreciation of equipment and buildings, supplies and fuel, and other ordinary and necessary expenses of operation incurred in providing courses by the community college, provided that the tuition of students residing outside the district but within the county or counties wherein the district is located shall be fixed after taking into account moneys received by the community college district from any funds allocated to the community college from the educational funds of the state of Idaho, other than allocations for career technical education; and provided that the tuition of students residing outside the district and the county but within the state of Idaho shall be fixed after taking into account moneys received from educational funds other than career technical moneys, as referred to in this chapter, from the state of Idaho. Receipt of moneys, as provided in this section, shall be based on the receipts from the sources referred to during the fiscal year preceding the fixing of the tuition. A student in a community college shall not be deemed a resident of the district or of the county or of the state of Idaho unless that student is deemed a resident as defined by section 33-2110B, Idaho Code, for the district, county or state prior to the date of his first enrollment in the community college, and no student who was not a resident of the district, county or state shall gain residence while attending and enrolled in the community college. The residence of a minor shall be deemed to be the residence of his parents or parent or guardian. Tuition shall be payable in advance, but the board may, in its discretion, permit tuition to be paid in installments.

(2) The board of trustees shall also fix fees for laboratory and other special services provided by the community college and for special courses, including but not limited to night school, off-campus courses, summer school, career technical courses, as otherwise provided in this chapter, and other special instruction provided by the community college, and nothing in this chapter shall be deemed to control the amount of tuition for special courses or fees for special services, as herein provided, but the same shall be, as nearly as reasonable, sufficient to cover the cost of all elements of providing courses as described in this subsection.

(3) In this chapter, unless the context requires otherwise, the following definitions shall be uniformly applied. The application of these definitions shall be retroactive and prospective.

(a) "Fees" shall include all charges imposed by the governing body to students, as a whole or individually, in excess of tuition. Student fees may be imposed for special courses, instruction, and service:

(i) "Special course or instruction fee" means those fees charged for any class or educational endeavor that has unique costs beyond a traditional college lecture class; for example, foreign language audio or visual instruction, specialized musical instruction, computer class, art class involving supplies or audiovisual equipment, career technical instruction, laboratory class, remedial instruction, team teaching, satellite transmissions, outside instructor, professionally assisted instruction, etc.

(ii) "Special service fee" means those fees charged for activity, benefit, or assistance offered to students that is beyond traditional classroom instruction; for example, student government support, providing of student health staff or facilities, student union support, intramural and intercollegiate athletics, recreational opportunities, financial aid services, graduation expense, automobile parking, student yearbook/publication, insurance, registration, noncapital library user fee, etc.

Fees shall not be imposed for any capital improvements except as specifically authorized in chapter 21, title 33, Idaho Code.

(b) "Tuition" means a sum charged students for cost of college instruction and shall include costs associated with maintenance and operation of physical plant, student services and institutional support.

History:

[33-2110, added 1963, ch. 363, sec. 10, p. 1037; am. 1965, ch. 238, sec. 3, p. 576; am. 1967, ch. 327, sec. 1, p. 957; am. 1971, ch. 127, sec. 1, p. 505; am. 1977, ch. 59, sec. 1, p. 113; am. 1981, ch. 106, sec. 1, p. 160; am. 1982, ch. 255, sec. 6, p. 657; am. 1982, ch. 264, sec. 1, p. 675; am. 1983, ch. 92, sec. 1, p. 205; am. 1990, ch. 54, sec. 1, p. 125; am. 1994, ch. 179, sec. 1, p. 418; am. 1999, ch. 329, sec. 31, p. 874; am. 2002, ch. 294, sec. 1, p. 846; am. 2008, ch. 133, sec. 1, p. 375; am. 2016, ch. 25, sec. 10, p. 42; am. 2025, ch. 21, sec. 1, p. 63.]
Idaho Code § 33-5212 — Idaho Code / Title 33 / Chapter 52 / Section 33-5212
33-5212 SCHOOL CLOSURE AND DISSOLUTION.
Status: in_force

33-5212. SCHOOL CLOSURE AND DISSOLUTION. (1) Authorizers shall have a public charter school closure protocol to ensure timely notification to parents, orderly transition of students and student records to new schools, and proper disposition of school funds, property, and assets in accordance with the requirements of this chapter. The protocol shall specify tasks, timelines, and responsible parties, including delineating the respective duties of the school and the authorizer. In the event of a public charter school closure for any reason, the authorizer shall oversee and work with the closing school to ensure a smooth and orderly closure and transition for students and parents, as guided by the closure protocol. The closing school's charter holder shall be responsible for executing the school's closure.

(2) In the event of a public charter school closure, the assets of the school shall be distributed first to satisfy outstanding payroll obligations for employees of the school, including any tax, public employee retirement system, and other employee benefit obligations, then to creditors of the school, and then to the authorizer in the case of a public charter school authorized by the board of a local school district. In the case of a public charter school authorized by any other authorizer, any remaining assets shall be distributed to the public school income fund. Assets purchased using federal funds shall be returned to the authorizer for redistribution among other public charter schools. If the assets of the school are insufficient to pay all parties to whom the school owes compensation, the prioritization of the distribution of assets may be determined by decree of a court of law.

History:

[33-5212, added 2024, ch. 9, sec. 35, p. 79.]
Idaho Code § 33-2207 — Idaho Code / Title 33 / Chapter 22 / Section 33-2207
33-2207 CUSTODY AND DISBURSEMENT OF MONEYS APPROPRIATED.
Status: in_force

33-2207. Custody and disbursement of moneys appropriated. The state treasurer is hereby designated and appointed custodian of all moneys received by the state from the appropriation made by said act of congress, and he is authorized to receive and to provide for the proper custody of the same and to make disbursement thereof in the manner provided in the said act, and for the purposes therein specified. He shall also pay out any moneys appropriated by the state of Idaho for the promotion of career technical education in accordance with the provisions of sections 33-2201 through 33-2207, Idaho Code, and upon the order of the state board for career technical education.

History:

[(33-2207) 1919, ch. 53, sec. 4, p. 162; C.S., sec. 1009; I.C.A., sec. 32-1707; am. 1999, ch. 329, sec. 10, p. 858; am. 2016, ch. 25, sec. 16, p. 45.]
Idaho Code § 33-135 — Idaho Code / Title 33 / Chapter 1 / Section 33-135
33-135 TEACHERS — CLASSROOM SIZE — REPORTING.
Status: in_force

33-135. Teachers — classroom size — reporting. (1) Definitions. The following terms have the following meanings:

(a) "Teacher" means an individual holding a teaching certificate issued by the state department of education.

(b) "Classroom" means a place where groups of students meet for instruction in a particular subject, including students enrolled in virtual schools or charter schools.

(c) "Classroom instructor" means an individual holding a teaching certificate issued by the state department of education and who has been assigned to teach students one (1) or more subjects.

(d) "Class size" means the number of students who regularly appear in an instructor's classroom or on a class roster and for whom the classroom instructor is primarily responsible and accountable.

(e) "Pupil-teacher ratio" means the total number of students in a school building divided by the total number of teachers working in that school building. For the purposes of this act, the term "school building" also includes virtual charter schools.

(f) "Total caseload" means the total number of students serviced by classroom instructors in a secondary school setting.

(2) Reporting.

(a) The state department of education shall gather statistical information using a unified approach that will demonstrate:

(i) The total number of teachers actively employed within an Idaho school district listed by individual school building;

(ii) The pupil-teacher ratio for every Idaho school district listed by individual school building;

(iii) The number of elementary classroom teachers in every Idaho school building listed by grade and subject;

(iv) The number of secondary classroom teachers in every Idaho school building listed by grade and subject;

(v) The class size in every Idaho elementary school building listed by teacher; and

(vi) The class size, by each section and by total caseload, in every secondary school building listed by teacher.

(b) The report under this subsection shall be prepared and published once annually by January 1 and shall be made available on a public website maintained by the state department of education.

(c) For purposes of this subsection, each teacher will be identified by a unique numeric identifier and not by individual name.

(3) Statewide database. The state department of education shall maintain a statewide database of the statistical information collected and published.

History:

[(33-135) 33-133, added 2014, ch. 281, sec. 3, p. 711; am. and redesig. 2015, ch. 244, sec. 18, p. 1017.]
Idaho Code § 33-134 — Idaho Code / Title 33 / Chapter 1 / Section 33-134
33-134 ASSESSMENT ITEM REVIEW COMMITTEE.
Status: in_force

33-134. assessment item review committee.

(1) (a) The state board of education shall establish a committee consisting of thirty (30) individuals, representing each of the six (6) education regions of the state established by the state board of education, to review all summative computer adaptive test questions. The committee's review shall include reviews for bias and sensitivity. The committee is authorized to make recommendations to the state board of education and the state department of education to revise or eliminate summative computer adaptive test questions from state assessments. The state board of education shall make the final determination regarding the adoption or rejection of the committee's recommendations. The committee established shall include the following members appointed by the state board of education:

(i) Two (2) parents of public school or public charter school students, selected from each of the six (6) education regions in this state;

(ii) One (1) public school or public charter school teacher, selected from each of the six (6) education regions in this state;

(iii) One (1) member who is an administrator of a school district or public charter school, selected from each of the six (6) education regions in this state; and

(iv) One (1) member from the district board of trustees or public charter school board of directors, selected from each of the six (6) education regions in this state.

(b) The state department of education shall provide staff support to the review committee.

(c) The term of office of each committee member appointed shall be four (4) years.

(d) The president of the state board of education shall adjust the length of terms to stagger the terms of committee members so that approximately one-half (1/2) of the committee members are appointed every two (2) years.

(e) No committee member may receive compensation or benefits for the member's service on the committee.

(f) The state board of education may solicit recommendations for committee members from districts, public charter schools and other public education stakeholders.

(2) The state board of education shall determine when committee recommendations must be submitted to the state board of education and the state department of education, provided that any such submission date must provide adequate time for the committee to review summative computer adaptive test questions before the assessment is administered to students. Adequate time means no fewer than thirty (30) days from the date the committee is notified of the summative computer adaptive test questions.

(3) The state board is hereby authorized to promulgate rules to implement the provisions of this section.

History:

[(33-134) 33-133, added 2014, ch. 281, sec. 3, p. 711; am. and redesig. 2015, ch. 244, sec. 17, p. 1017.]
Idaho Code § 33-7008 — Idaho Code / Title 33 / Chapter 70 / Section 33-7008
33-7008 RULEMAKING AUTHORITY.
Status: in_force

33-7008. rulemaking authority. The state board of education may promulgate rules, subject to legislative approval, to implement the provisions of this chapter.

History:

[33-7008, added 2026, ch. 71, sec. 1, p. 310.]
Idaho Code § 33-3805 — Idaho Code / Title 33 / Chapter 38 / Section 33-3805
33-3805 AUTHORIZATION, ISSUANCE, MATURITY, INTEREST AND SALE OF BONDS.
Status: in_force

33-3805. Authorization, issuance, maturity, interest and sale of bonds. When the board shall find the proposed project or projects to be necessary for the proper operation of the institution and economically feasible and such finding is recorded in its minutes, the bonds therefor shall be authorized by resolution of the board. The bonds may be issued in one or more series, may bear such date or dates, may be in such denomination or denominations, may mature at such time or times, not exceeding forty (40) years from the respective dates thereof, may mature in such amount or amounts, may bear interest, at such rate or rates to be determined by the board, may be in such form, either coupon or registered, may carry such registration and such conversion privileges, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be subject to such terms of redemption, with or without premium, as such resolution or other resolutions may provide. The bonds may be sold at a public or private sale at not less than par and accrued interest, in a manner to be provided by the board. The bonds shall be fully negotiable within the meaning and for all purposes of the Uniform Commercial Code.

History:

[33-3805, added 1935 (1st E.S.), ch. 55, sec. 5, p. 145; am. 1953, ch. 90, sec. 1, p. 120; am. 1965, ch. 37, sec. 2, p. 59; am. 1967, ch. 272, sec. 7, p. 745; am. 1970, ch. 28, sec. 1, p. 54; am. 1979, ch. 47, sec. 1, p. 136.]
Idaho Code § 33-2211 — Idaho Code / Title 33 / Chapter 22 / Section 33-2211
33-2211 POWERS OF STATE BOARD FOR CAREER TECHNICAL EDUCATION.
Status: in_force

33-2211. Powers of state board for career technical education. The state board for career technical education shall have the power:

(1) To adopt rules for its own government and any career technical or vocational rehabilitation program, including programs under chapters 22 and 23, title 33, Idaho Code;

(2) To employ professional and nonprofessional persons and to prescribe their qualifications;

(3) To acquire and hold, and to dispose of, real and personal property, and to construct, repair, remodel and remove buildings;

(4) To contract for the acquisition, purchase or repair of buildings, in the manner prescribed for trustees of school districts pursuant to section 33-601, Idaho Code;

(5) To dispose of real and personal property in the manner prescribed for trustees of school districts pursuant to section 33-601, Idaho Code;

(6) To convey and transfer real property of the college upon which no buildings used for instruction are situated to nonprofit corporations, school districts, community college housing commissions, counties or municipalities, with or without consideration; to rent real or personal property for the use of the college, its students or faculty for such terms as may be determined by the state board for career technical education; and to lease real or personal property of the college not actually in use for instructional purposes on such terms as may be determined by the state board for career technical education;

(7) To acquire, hold, and dispose of water rights;

(8) To accept grants or gifts of money, materials, or property of any kind from any governmental agency or from any person, firm, or association on such terms as may be determined by the grantor;

(9) To cooperate with any governmental agency or any person, firm or association in the conduct of any educational program; to accept grants from any source for the conduct of such program, and to conduct such program on, or off, campus;

(10) To employ a president of the college and, with his advice, to appoint such assistants, instructors, specialists and other employees as are required for the operation of the college; to fix salaries and prescribe duties; and to remove the president or other employees in accordance with the policies and rules of the state board of education;

(11) With the advice of the president, to prescribe the courses and programs of study, the requirements for admission, the time and standards for completion of such courses and programs, and to grant certificates or associate of applied science degrees for those students entitled thereto;

(12) To employ architects or engineers in planning the construction, remodeling or repair of any building or property and, whenever no other agency is designated by law so to do, to let contracts for such construction, remodeling or repair and to supervise the work thereof; and

(13) To have at all times general supervision and control of all property, real and personal, appertaining to the college, and to insure the same.

History:

[33-2211, added 1970, ch. 71, sec. 4, p. 183; am. 1972, ch. 110, sec. 4, p. 223; am. 1989, ch. 45, sec. 4, p. 58; am. 1998, ch. 60, sec. 1, p. 218; am. 1998, ch. 85, sec. 3, p. 295; am. 1999, ch. 329, sec. 14, p. 859; am. 2005, ch. 65, sec. 1, p. 228; am. 2006, ch. 84, sec. 1, p. 247; am. 2016, ch. 25, sec. 20, p. 46; am. 2016, ch. 108, sec. 2, p. 313; am. 2018, ch. 17, sec. 3, p. 24.]
Idaho Code § 33-1020 — Idaho Code / Title 33 / Chapter 10 / Section 33-1020
33-1020 IDAHO DIGITAL LEARNING ACADEMY FUNDING.
Status: in_force

33-1020. Idaho digital learning academy funding.

(1)(a) An amount of four hundred forty-five dollars ($445) per enrollment shall be distributed to support the Idaho digital learning academy, created pursuant to chapter 55, title 33, Idaho Code. For the purposes of this section, an "enrollment" shall be counted each time an Idaho school age child enrolls in an Idaho digital learning academy course and continues to be enrolled in such course past the deadline to withdraw, where such withdrawal would not result in the course appearing on such child's transcript in any way. If a student disenrolls from an Idaho digital learning academy course within the withdrawal window, the fee shall be returned to the payer. A single child enrolled in multiple courses shall count as multiple enrollments. Summer enrollments shall be included in the fiscal year that begins that summer. A registered course shall be eligible for state funding only if:

(i) The student is enrolled in an Idaho school district or public charter school that is not entirely virtual;

(ii) The course is not a driver's education course; and

(iii) The student is not enrolled in a custom section unless the emergency clause is applicable.

(b) If a student wants to enroll in an Idaho digital learning academy course that does not meet the criteria for state funding under this section, such student may enroll in such course if the school district or public charter school pays the fees for the course as set by the state board of education.

(2) The state department of education shall make an estimated distribution of funds to the Idaho digital learning academy by no later than July 31 of each fiscal year, consisting of eighty percent (80%) of the estimated funding for the fiscal year. The balance of all remaining funds to be distributed, pursuant to the calculations in this section, shall be distributed by no later than May 15 of the same fiscal year. The state department of education shall reconcile the enrollments prior to the May 15 payment and withhold or recover any costs necessary to align the funding with verified enrollments. The joint finance-appropriations committee shall consider adjusting the per enrollment amount each legislative session by a percentage increase equal to the percentage increase approved for salary increases for instructional and pupil service staff pursuant to section 33-1004B, Idaho Code, and for administrative and classified staff pursuant to section 33-1004E, Idaho Code.

(3) The academy board of directors shall report to the state board of education during the 2027 legislative session on the status of courses and provide recommendations and a strategic plan on how to manage digital learning throughout the state.

History:

[33-1020, added 2007, ch. 353, sec. 12, p. 1049; am. 2011, ch. 247, sec. 11, p. 683; am. 2011, ch. 300, sec. 5, p. 862; am. 2013, ch. 154, sec. 2, p. 364; am. 2024, ch. 17, sec. 1, p. 157; am. 2025, ch. 267, sec. 7, p. 1156; am. 2026, ch. 319, sec. 4, p. 1281.]
Idaho Code § 33-1501 — Idaho Code / Title 33 / Chapter 15 / Section 33-1501
33-1501 TRANSPORTATION AUTHORIZED.
Status: in_force

33-1501. Transportation authorized. To afford more equal opportunity for public school attendance, the board of trustees of each district, including specially chartered school districts, shall, where practicable, provide transportation for the public school pupils within the district, and pupils resident within adjoining districts annually agreed to in writing by the districts involved, under conditions and limitations herein set forth. Nonpublic school students may be transported, where practicable, when the full costs for providing such transportation are recovered. In approving the routing of any school bus, or in the maintenance and operation of all such transportation equipment, or in the appointment or employment of chauffeurs, the primary requirements to be observed by the board of trustees are the safety and adequate protection of the health of the pupils. Nothing herein contained shall prevent any board of trustees from denying transportation to any pupil in any school bus operated by or under the authority of said board, upon good cause being given, in writing, to the parents or guardian, or either of them, of such pupil.

No board of trustees shall be required to provide transportation for any pupil living less than one and one-half (1 1/2) miles from the nearest appropriate school. A board of trustees may require pupils who live less than one and one-half (1 1/2) miles from the nearest established bus stop to walk or provide their own transportation to such bus stop. That distance shall be determined by the nearest and best route from the junction of the driveway of the pupil's home and the nearest public road, to the nearest door of the schoolhouse he attends, or to the bus stop, as the case may be. The board may transport any pupil a lesser distance when in its judgment the age or health or safety of the pupil warrants.

A day care center, family day care home, or a group day care facility, as defined in section 39-1102, Idaho Code, may substitute for the student's residence for student transportation to and from school. School districts may not transport students between child care facilities and home. Student transportation between a child care facility and a school will qualify for state reimbursement providing that the child care facility is one and one-half (1 1/2) miles or more from the school to which the student is transported.

To effectuate the public policy hereby declared, the board of trustees of any school district may purchase or lease, and maintain and operate authorized vehicles for the transportation of pupils to and from school and school-related events; may enter into agreements or contracts for the use of a charter bus or buses; may enter into contracts with individuals, firms, corporations or private carriers; or may make payments to parents or guardians, subject to the limitations herein provided, when transportation is not furnished by the district.

History:

[33-1501, added 1963, ch. 13, sec. 79, p. 27; am. 1970, ch. 91, sec. 1, p. 226; am. 1982, ch. 92, sec. 1, p. 170; am. 1985, ch. 241, sec. 1, p. 570; am. 1991, ch. 177, sec. 1, p. 440; am. 1999, ch. 373, sec. 1, p. 1020; am. 2025, ch. 278, sec. 2, p. 1178.]
Idaho Code § 33-2815 — Idaho Code / Title 33 / Chapter 28 / Section 33-2815
33-2815 PRACTICAL PROSPECTING AND PRACTICAL MINING — COURSES IN.
Status: in_force

33-2815. Practical prospecting and practical mining — Courses in. The board of regents of the University of Idaho, and of the Idaho geological survey may prescribe a special course of instructions in practical prospecting, including a short course in practical mining including identification and classification of minerals at the University of Idaho, or in a mobile unit of the school of mines, which shall be open to special students desirous of studying such subjects, but who may be ineligible for admission to enter the University of Idaho on account of having deficient entrance credits.

History:

[33-2815, added 1945, ch. 136, sec. 1, p. 206; am. 2009, ch. 11, sec. 9, p. 21.]
Idaho Code § 33-103 — Idaho Code / Title 33 / Chapter 1 / Section 33-103
33-103 REMOVAL OF MEMBERS — CAUSE.
Status: in_force

33-103. Removal of members — Cause. The governor is empowered to remove from membership on the state board any member who has been proved guilty of gross immorality, malfeasance in office or incompetency, and shall fill the vacancy thus created by appointment as hereinbefore provided.

History:

[33-103, added 1963, ch. 13, sec. 3, p. 27.]
Idaho Code § 33-3207 — Idaho Code / Title 33 / Chapter 32 / Section 33-3207
33-3207 CONFLICT.
Status: in_force

33-3207. Conflict. All statues and laws of the state of Idaho that may conflict with this act shall be inapplicable.

History:

[33-3207, added 1957, ch. 30, sec. 7, p. 46.]
Idaho Code § 33-523 — Idaho Code / Title 33 / Chapter 5 / Section 33-523
33-523 STEM DIPLOMA.
Status: in_force

33-523. STEM DIPLOMA. (1) For purposes of this section, "STEM" means science, technology, engineering and mathematics.

(2) A public school student who successfully completes all graduation requirements established by the state board of education may receive a high school diploma designated as a STEM diploma if the student earned at least:

(a) Eight (8) credits in mathematics;

(b) Eight (8) credits in science; and

(c) In addition to the credits listed in paragraphs (a) and (b) of this subsection, five (5) credits in the student's choice of any or all subjects of science, technology, engineering or mathematics.

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

(4) A student who has completed eight (8) or more credits in mathematics that include algebra II or a higher-level mathematics class before the student's senior year is not required to take a mathematics class in the student's senior year.

(5) Each school district and public charter school may create a diploma with a special STEM designation for students who meet the requirements of this section.

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

History:

[33-523, added 2018, ch. 60, sec. 1, p. 150.]
Idaho Code § 33-1033 — Idaho Code / Title 33 / Chapter 10 / Section 33-1033
33-1033 REPORT AND EVALUATION.
Status: in_force

33-1033. report and evaluation. [EFFECTIVE UNTIL JULY 1, 2028] (1) By December 15 of each year, the board shall report to the governor and the senate and house of representatives education committees:

(a) The total funds appropriated for the empowering parents grant program in the current fiscal year and the prior fiscal year;

(b) The number of applicants for the program in the current fiscal year and the prior fiscal year;

(c) The number of grants awarded in the current fiscal year and the prior fiscal year and how grant funds were used by participants; and

(d) Other matters concerning the program that are:

(i) Considered relevant by the board; or

(ii) Specifically requested for inclusion in the report by the governor or by any member of the senate or the house of representatives.

(2) By June 30, 2024, and every two (2) years thereafter, the board shall designate a third party to evaluate the program. The evaluation shall be conducted according to criteria set by the board, the senate and house of representatives education committees, and the joint finance-appropriations committee.

History:

[33-1033, added 2022, ch. 13, sec. 5, p. 32.]
Idaho Code § 33-1008 — Idaho Code / Title 33 / Chapter 10 / Section 33-1008
33-1008 SUPPORT PROGRAM — ELEMENTARY DISTRICT RECLASSIFIED.
Status: in_force

33-1008. Support program — Elementary district reclassified. Should any elementary school district which has met the qualifications required by law for reclassification as a secondary school district propose to be so reclassified and begin the establishment and maintenance of a secondary school, that district shall be allowed a support program for the secondary school during the first year of its operation, computed as follows:

1. The educational support program shall be reported in the annual report preceding the beginning of operation of the secondary school, as the aggregate of the products of the number of resident pupils of the district who attended secondary schools of other districts during the preceding year, multiplied by the per-pupil state and county apportionments for the educational support program to the other districts as shown on the last approved tuition certificate of the other districts, for secondary school pupils.

2. The transportation support program shall be reported in the annual report preceding the beginning of operation of the secondary school, as the aggregate of the products of the number of pupils proposed to be transported to the new secondary school who attended secondary schools in other districts during the preceding year, multiplied by the per-pupil state and county apportionments for the transportation support program to each of the other districts for secondary school pupils as shown on the last approved tuition certificate issued to the other district.

History:

[33-1008, added 1963, ch. 13, sec. 132, p. 27; am. 1980, ch. 179, sec. 9, p. 391.]
Idaho Code § 33-3809 — Idaho Code / Title 33 / Chapter 38 / Section 33-3809
33-3809 OTHER FUNDS NOT AFFECTED.
Status: in_force

33-3809. Other funds not affected. Nothing in sections 33-3801—33-3813 contained shall be construed to authorize any institution to contract a debt on behalf of, or in any way to obligate, the state of Idaho, or to pledge, assign or encumber in any way, or to permit the pledging, assigning or encumbering in any way of, appropriations made by the legislature, or revenue derived from the investment of the proceeds of the sale, and from the rental of such lands as have been set aside by the Idaho Admission Bill approved July 3, 1890, or other legislative enactments of the United States, for the use and benefit of the respective state educational institutions.

History:

[33-3809, added 1935 (1st E.S.), ch. 55, sec. 9, p. 145.]
Idaho Code § 33-2914 — Idaho Code / Title 33 / Chapter 29 / Section 33-2914
33-2914 AGRICULTURAL COLLEGE INCOME FUND.
Status: in_force

33-2914. Agricultural college income fund. There is established in the state treasury the agricultural college income fund. The fund shall consist of all moneys distributed from the agricultural college earnings reserve fund and from other sources as the legislature deems appropriate. Moneys in the agricultural college income fund shall be used for the benefit of the beneficiaries of the endowment and distributed to current beneficiaries of the agricultural college endowment pursuant to legislative appropriation.

History:

[33-2914 added 1998, ch. 256, sec. 24, p. 835.]
Idaho Code § 33-1212 — Idaho Code / Title 33 / Chapter 12 / Section 33-1212
33-1212 SCHOOL COUNSELORS.
Status: in_force

33-1212. school counselors. (1) In recognition of the diverse and complicated demands upon students, their families and the public school system, the legislature finds that counseling offered at Idaho public schools should be flexible and responsive. For purposes of counselor services, a counselor shall be defined as an individual who meets the requirements of an approved program of graduate study in school guidance and counseling from a college or university approved by the Idaho state board of education and who meets the requirements of rules adopted by the board, or an individual licensed as provided by chapter 32, title 54, Idaho Code, as a certified social worker or otherwise licensed as a licensed professional counselor or licensed clinical professional counselor as provided by chapter 34, title 54, Idaho Code, and who meets the requirements of the state board of education.

(2) School counselors spend most of their time in direct service to and contact with students. School counselors' duties are focused on the overall delivery of guidance, individual student planning and responsive services. A small amount of their time is devoted to indirect services called system support.

(3) The state board of education shall adopt rules to implement the provisions of this section and shall specifically provide that certified social workers, licensed professional counselors, and licensed clinical professional counselors meet the requirement for school counselors. A local school district may request a waiver from the state board of education of the counselor/counseling requirements, provided that data is submitted to and annually approved by the state department of education to substantiate that the intent of the board's rules in these areas is being met by an alternative program model.

History:

[33-1212, added 1994, ch. 443, sec. 1, p. 1425; am. 1998, ch. 88, sec. 7, p. 303; am. 2015, ch. 314, sec. 2, p. 1230; am. 2022, ch. 108, sec. 1, p. 363.]
Idaho Code § 33-107A — Idaho Code / Title 33 / Chapter 1 / Section 33-107A
33-107A BOARD MAY ESTABLISH AN OPTIONAL RETIREMENT PROGRAM.
Status: in_force

33-107A. Board may establish an optional retirement program. (1) The state board of education may establish an optional retirement program under which contracts providing retirement and death benefits may be purchased for nonclassified staff, pursuant to section 67-5303, Idaho Code, of the university of Idaho, Idaho state university, Boise state university, Lewis-Clark state college and the office of the state board of education who are hired on or after July 1, 1993; provided, however, that no such employee shall be eligible to participate in an optional retirement program unless he would otherwise be eligible for membership in the public employee retirement system of Idaho.

(2) The state board of education is hereby authorized to provide for the administration of the optional retirement program and to perform or authorize the performance of such functions as may be necessary for such purposes. The board shall designate the company or companies from which contracts are to be purchased under the optional retirement program and shall approve the form and contents of such contracts. In making the designation and giving approval, the board shall consider:

(a) The nature and extent of the rights and benefits to be provided by such contracts for participants and their beneficiaries;

(b) The relation of such rights and benefits to the amount of contributions to be made;

(c) The suitability of such rights and benefits to the needs of the participants and the interests of the institutions in the recruitment and retention of staff members; and

(d) The ability of the designated company to provide such suitable rights and benefits under such contracts.

(3) Nonclassified staff initially appointed or hired on or after July 1, 1993, shall participate in the optional retirement plan, except vested members of the public employee retirement system of Idaho, as defined in section 59-1302, Idaho Code. Nonclassified employees hired by the office of the state board of education on or after July 1, 2024, with previous credited service in the public employee retirement system of Idaho may make a onetime irrevocable election to remain a member of the public employee retirement system of Idaho. Such election shall be made in writing within sixty (60) days of initial hire or appointment and filed with the administrative officer of the employing institution or agency.

(4) (a) Each institution shall contribute on behalf of each participant in its optional retirement program the following:

(i) To the designated company or companies, an amount equal to nine and thirty-five hundredths percent (9.35%) of each participant's salary, reduced by any amount necessary, if any, to provide contributions to a total disability program provided either by the state or by a private insurance carrier licensed and authorized to provide such benefits, or any combination thereof, but in no event less than five percent (5%) of each participant's salary; and

(ii) To the public employee retirement system, an amount equal to one and forty-nine hundredths percent (1.49%) of salaries of members who are participants in the optional retirement program. This amount shall be paid until July 1, 2025, and is in lieu of amortization payments and withdrawal contributions required pursuant to chapter 13, title 59, Idaho Code.

(b) Each participant shall contribute an amount equal to six and ninety-seven hundredths percent (6.97%) of the participant's salary. Employee contributions may be made by employer pickup pursuant to section 59-1332, Idaho Code.

(c) Payment of contributions authorized or required under this subsection shall be made by the financial officer of the employing institution to the designated company or companies for the benefits of each participant.

(5) Any person participating in the optional retirement program shall be ineligible for membership in the public employee retirement system of Idaho as long as he remains continuously employed in a nonclassified position.

(6) A retirement, death or other benefit shall not be paid by the state of Idaho or the state board of education for services credited under the optional retirement program. Such benefits are payable to participants or their beneficiaries only by the designated company or companies in accordance with the terms of the contracts.

History:

[33-107A, added 1990, ch. 251, sec. 1, p. 720; am. 1992, ch. 198, sec. 1, p. 613; am. 1993, ch. 268, sec. 1, p. 902; am. 1996, ch. 79, sec. 6, p. 261; am. 1997, ch. 275, sec. 1, p. 814; am. 1998, ch. 297, sec. 1, p. 980; am. 2007, ch. 318, sec. 1, p. 947; am. 2018, ch. 176, sec. 1, p. 386; am. 2024, ch. 161, sec. 1, p. 616.]
Idaho Code § 33-1618 — Idaho Code / Title 33 / Chapter 16 / Section 33-1618
33-1618 ASSESSMENT EXEMPTION.
Status: in_force

33-1618. Assessment exemption. A student who has not been enrolled for two (2) full school years in an elementary or secondary school in the United States and who scores less than a level two (2) on the state English language proficiency assessment used to determine English language proficiency may be exempted from requirements to participate in the Idaho reading indicator assessment required under the provisions of this title. Each school shall determine whether a student will be exempted from the Idaho reading indicator assessment before the fall assessment date and shall not change such student's exemption status for the remainder of that school year. A school may require any student who qualifies for the exemption provided in this section to take the Idaho reading indicator assessment if the school determines that such assessment is educationally appropriate or a necessary prerequisite for such student to qualify for additional education services.

History:

[33-1618, added 2006, ch. 357, sec. 1, p. 1090; am. 2024, ch. 29, sec. 1, p. 222.]
Idaho Code § 33-5207A — Idaho Code / Title 33 / Chapter 52 / Section 33-5207A
33-5207A PUBLIC CHARTER SCHOOL EARNED AUTONOMY.
Status: in_force

33-5207A. PUBLIC CHARTER SCHOOL EARNED AUTONOMY. (1) Notwithstanding any provision of law to the contrary, a public charter school that is not a virtual school, as defined in section 33-5202A, Idaho Code, and that satisfies the requirements set forth in section 33-5218(2)(b), (e), and (g), Idaho Code, may spend its allocated state funding, including but not limited to discretionary funds, categorical funds, and salary apportionment, in the manner it deems best serves students and the public charter school. Participation shall not require a revision to the public charter school's charter or performance certificate.

(2) Participating public charter schools shall be exempt from reporting requirements established in statute or through rulemaking authority that are not federally mandated or required for public school finance purposes. This exemption includes but is not limited to reporting requirements established pursuant to sections 33-119, 33-135, 33-1002B, 33-1004E, 33-1028(1)(f) and (2), 33-1405, 33-1632, 33-1805, 33-1811, 33-2004, and 33-4805, Idaho Code, without incurring a penalty or a reduction in funding.

(3) Participating public charter schools shall automatically maintain spending flexibility from year to year, except that the state department of education may revoke eligibility if:

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

(b) The school fails to satisfy the academic requirements set forth in section 33-5218(2)(g), Idaho Code, for two (2) or more years; or

(c) The school's charter is subsequently revoked, not renewed, or renewed with conditions.

(4) In 2029, the state board of education shall report to the legislature the number of participating public charter schools and changes, if any, in student growth or proficiency on the Idaho standards achievement test.

History:

[33-5207A, added 2026, ch. 309, sec. 2, p. 1250.]
Idaho Code § 33-1003 — Idaho Code / Title 33 / Chapter 10 / Section 33-1003
33-1003 SPECIAL APPLICATION OF EDUCATIONAL SUPPORT PROGRAM.
Status: in_force

33-1003. special application of educational support program. (1) Decrease in Average Daily Attendance. — For any school district that has a decrease in total average daily attendance of three percent (3%) or more of its average daily attendance in the current school year from the total average daily attendance used for determining the allowance in the educational support program for the prior school year, the allowance of funds from the educational support program may be based on the average daily attendance of the prior school year, less three percent (3%). When this provision is applied, the decrease in average daily attendance shall be proportionately distributed among the various categories of support units that are appropriate for the district. After applying the provisions of this subsection, the state department of education shall calculate the percentage of additional statewide support units to total statewide support units and shall then reduce each school district's support units by this uniform percentage. The provisions of this subsection shall not apply to public charter schools.

(2) Application of Support Program to Separate Schools/Attendance Units in District.

(a) Separate Elementary School. — Any separate elementary school shall be allowed to participate in the educational support program as though the school were the only elementary school operated by the district.

(b) Hardship Elementary School. — Upon application of the board of trustees of a school district, the state board of education is empowered to determine that a given elementary school or elementary schools within the school district, not otherwise qualifying, are entitled to be counted as a separate elementary school as defined in section 33-1001, Idaho Code, when, in the discretion of the state board of education, special conditions exist warranting the retention of the school as a separate attendance unit and the retention results in a substantial increase in cost per pupil in average daily attendance above the average cost per pupil in average daily attendance of the remainder of the district's elementary grade school pupils. An elementary school operating as a previously approved hardship elementary school shall continue to be considered as a separate attendance unit, unless the hardship status of the elementary school is rescinded by the state board of education.

(c) Separate Secondary School. — Any separate secondary school shall be allowed to participate in the educational support program as though the school were the only secondary school operated by the district.

(d) Elementary/Secondary School Attendance Units. — Elementary grades in an elementary/secondary school will be funded as a separate attendance unit if all elementary grades served are located more than ten (10) miles distance by an all-weather road from both the nearest like elementary 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. Secondary grades in an elementary/secondary school will be funded as a separate attendance unit if all secondary grades served are located more than fifteen (15) miles by an all-weather road from the nearest like secondary grades operated by the district.

(e) Hardship Secondary School. — Any district that operated two (2) secondary schools separated by less than fifteen (15) miles, but which district was created through consolidation subsequent to legislative action pursuant to chapter 111, laws of 1947, and which school buildings were constructed prior to 1935, shall be entitled to count the schools as separate attendance units.

(f) Minimum Pupils Required. — Any elementary school having less than ten (10) pupils in average daily attendance shall not be allowed to participate in the state or county support program unless the school has been approved for operation by the state board of education.

(3) Remote Schools. — The board of trustees of any Idaho school district that operates and maintains a school that is remote and isolated from the other schools of the state because of geographical or topographical conditions may petition the state board of education to recognize and approve the school as a remote and necessary school. The petition shall be in form and content approved by the state board of education and shall provide such information as the state board of education may require. Petitions for the recognition of a school as a remote and necessary school shall be filed annually at least ninety (90) days prior to the date of the regular June meeting of the board of trustees.

Within forty-five (45) days after the receipt of a petition for the recognition of a remote and necessary school, the state board of education shall either approve or disapprove the petition and notify the board of trustees of its decision. Schools that the state board of education approves as being necessary and remote shall be allowed adequate funding within the support program for an acceptable educational program for the students of the school. In the case of a remote and necessary secondary school, grades 7-12, the educational program shall be deemed acceptable when, in the opinion of the state board of education, the accreditation standard relating to staff size, established in accordance with the provisions of section 33-119, Idaho Code, has been met. The final determination of an acceptable program and adequate funding in the case of a remote and necessary elementary school shall be made by the state board of education.

(4) Support Program When District Boundaries are Changed.

(a) In new districts formed by the division of a district, the support program computed for the district, divided in its last year of operation, shall be apportioned to the new districts created by the division in the proportion that the average daily attendance of pupils, elementary and secondary combined, residing in the area of each new district so created, is to the average daily attendance of all pupils, elementary and secondary combined, in the district divided in its last year of operation before the division.

(b) When boundaries of districts are changed by excision or annexation of territory, the support program of any district from which territory is excised for the last year of operation before such excision shall be divided, and apportioned among the districts involved, as prescribed in paragraph (a) of this subsection.

(c) In new districts formed by consolidation of former districts after January 1, 2007, the support program allowance, for a seven (7) year period following the formation of the new district, shall not be less than the combined support program allowances of the component districts in the last year of operation before consolidation. After the expiration of this period, the state department of education shall annually calculate the number of support units that would have been generated had the previous school districts not consolidated. All applicable state funding to the consolidated district shall then be provided based on a support unit number that is halfway between this figure and the actual support units, provided that it cannot be less than the actual support units.

History:

[33-1003, added 2013, ch. 184, sec. 2, p. 441; am. 2018, ch. 164, sec. 7, p. 326.]
Idaho Code § 33-6105 — Idaho Code / Title 33 / Chapter 61 / Section 33-6105
33-6105 DUTIES OF BOARD.
Status: in_force

33-6105. duties of board. The board shall:

(1) Perform duties specifically provided in this chapter;

(2) Ensure, through rules established by the board, that any funds distributed pursuant to section 33-6103, Idaho Code, are used for the purpose described in that section; and

(3) Take such actions as are necessary to implement and enforce the provisions of this chapter, including the promulgation of any necessary rules.

History:

[33-6105, added 2019, ch. 297, sec. 1, p. 881.]
Idaho Code § 33-142 — Idaho Code / Title 33 / Chapter 1 / Section 33-142
33-142 ADOPTION EDUCATION.
Status: in_force

33-142. Adoption education. An educational institution under the general supervision, governance, or control of the state board of education or the board of regents of the university of Idaho shall provide information explaining current adoption practices and where to find resources and support in the state of Idaho wherever and whenever contraception is discussed or dispensed, or both, or sexually transmitted diseases or sexually transmitted infections are discussed or tested for, or both.

History:

[33-142, added 2024, ch. 131, sec. 1, p. 529.]
Idaho Code § 33-902 — Idaho Code / Title 33 / Chapter 9 / Section 33-902
33-902 PUBLIC SCHOOL PERMANENT ENDOWMENT FUND.
Status: in_force

33-902. Public school permanent endowment fund. (1) There is established in the state treasury the public school permanent endowment fund. This fund is perpetually appropriated for the beneficiaries of the endowment. The fund shall be managed and invested by the endowment fund investment board according to law and the policies established by the state board of land commissioners. The fund principal shall forever remain intact. The fund shall be a permanent fund and shall consist of the following:

(a) Proceeds from the sale of lands granted to the state by the federal government, known as public school endowment lands, and lands granted in lieu of public school endowment school lands;

(b) Lands, money or other property acquired by gift or grant from any person or corporation or under any law or grant of the federal government for general educational purposes;

(c) All other grants of lands or money made to the state from the federal government for general educational purposes where no other purpose is indicated in the grant;

(d) All estates or distributive shares of estates that may escheat to the state;

(e) All unclaimed shares and dividends of any corporation incorporated under the laws of the state;

(f) Proceeds of royalties arising from the extraction of minerals on public school land owned by the state;

(g) Other proceeds and avails as are required by law of the federal government or of the state of Idaho to be made a part of the fund; and

(h) Moneys allocated from the public school earnings reserve fund.

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

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

History:

[33-902, added 1998, ch. 256, sec. 7, p. 829.]