Idaho Code § 33-109 — Idaho Code / Title 33 / Chapter 1 / Section 33-109
33-109 ANNUAL REPORT.
Status: in_force

33-109. Annual report. The state board shall cause to be prepared a report of its actions and expenditures for each year ending on the thirtieth day of June with such recommendations as it shall deem proper for the good of the state educational institutions and public schools of the state. Such report shall be prepared in the form and number, and filed at the time, provided by section 67-3502, Idaho Code.

History:

[33-109, added 1963, ch. 13, sec. 9, p. 27; am. 1976, ch. 9, sec. 1, p. 25; am. 2010, ch. 79, sec. 8, p. 137.]
Idaho Code § 33-512D — Idaho Code / Title 33 / Chapter 5 / Section 33-512D
33-512D SELF-DIRECTED LEARNER DESIGNATION.
Status: in_force

33-512D. self-directed learner designation. (1) A student attending public school in Idaho shall be eligible to be designated as a self-directed learner. For the purposes of this section, a "self-directed learner" means a full-time student:

(a) Who demonstrates mastery of content knowledge through grades, assessments, or mastery-based learning rubrics;

(b) Whose teacher or teachers designate the student as such. The teacher may consider the student's mastery of the content, academic growth, timeliness for assignments, self-motivation, ability to establish goals, and reaching age-appropriate learning outcomes;

(c) Who, starting in grade 5, demonstrates mastery of addition and multiplication for numbers 0-10, as well as related subtraction and division problems, known collectively as "math facts"; and

(d) Who, starting in grade 8, demonstrates an informed choice of postsecondary career and education goals by:

(i) Completing and updating his student learning plan as defined in section 33-1001(32)[(33)], Idaho Code;

(ii) Supplementing his student learning plan, as applicable, with the following that further his postsecondary goals:

1. Extended learning opportunities as defined in section 33-6401, Idaho Code;

2. Courses and examinations funded in chapter 46, title 33, Idaho Code; or

3. Any other credits or programs permitted under Idaho Code or district policy as applicable to the student's learning plan; and

(iii) Identifying and writing down self-determined personal life goals, including an explanation of how attending specific classes will lead to the fulfillment of personal life goals.

(2) Each school district or public charter school may adopt a self-directed learner policy to provide processes:

(a) Through which students may seek a self-directed learner designation;

(b) By which teachers may designate a student as a self-directed learner;

(c) To monitor and support self-directed learners;

(d) By which a student's teacher or teachers rescind the self-directed learner designation; and

(e) As otherwise necessary for implementation.

(3) Once a student is designated a self-directed learner, the student has the right to flexible learning. Flexible learning may be different for each student and may include flexible attendance, attending school virtually, extended learning opportunities, and any other agreed-upon learning inside or outside the classroom. Starting in grade 8, flexible learning should further the student's progress toward postsecondary goals. Any flexible learning permitted under this section must be agreed upon by the student, his teacher or teachers, and the student's parents or legal guardian.

(4) In order to remain a self-directed learner, the student must meet criteria agreed upon by him, his teacher or teachers, and his parents or legal guardian. Criteria may include continued mastery of content knowledge and skills, academic growth, progress toward postsecondary goals, or other measures of student learning. If a student fails to meet the agreed-upon criteria or fails to stay current on classroom assignments, and does not cure the failure within an agreed-upon time frame, the building administrator shall rescind the self-directed learner designation upon recommendation by the teacher or teachers.

(5) A self-directed learner will be reported as enrolled as one (1.0) FTE or in attendance for a full day in school for the purpose of calculating support units and public school funding. The district or charter school will receive full funding for its self-directed learners, regardless of attendance or actual hours of instruction up to one (1) full day of attendance or one (1.0) FTE, or the remaining day or FTE if the student is shared between two (2) or more school districts or public charter schools.

(6) Each school district or public charter school must report the number of self-directed learners to the state department of education annually.

History:

[33-512D, added 2022, ch. 12, sec. 1, p. 27; am. 2023, ch. 147, sec. 2, p. 401; am. 2026, ch. 222, sec. 2, p. 984.]
Idaho Code § 33-5507 — Idaho Code / Title 33 / Chapter 55 / Section 33-5507
33-5507 REGISTRATION — ACCOUNTABILITY.
Status: in_force

33-5507. Registration — Accountability. (1) A student may register with the academy upon recommendation from a traditional school counselor or administrator, or may register directly with the academy if there is no current public school affiliation. However, in order for coursework completed through the academy to be recorded on the student's transcript, the student shall indicate which school is to receive and record credits earned.

(2) Students who register for courses shall provide the name of a responsible adult who shall be the contact person for the academy in situations which require consultation regarding the student's conduct and performance. A designated responsible adult for students with a school affiliation may be a teacher, a counselor or a distance learning coordinator. For home schooled students, a parent or guardian may be designated.

(3) Policies of accountability as established by rule of the state board shall address the special conditions which exist in an environment where there is reduced face-to-face contact between student and teacher; where students access courses at any time of day, from any location and at the student's own pace; where online etiquette and ethics should be clearly understood and required of all participants; and where all students' participation is monitored by online teachers and academy personnel.

(4) Policies shall be established by rule of the state board for student-related issues including taking exams, proctored or unproctored; ensuring that the work is being done by the student; and ensuring that ethical conduct and proper etiquette are always observed by all participants.

History:

[33-5507, added 2002, ch. 105, sec. 1, p. 288; am. 2005, ch. 132, sec. 4, p. 422; am. 2008, ch. 119, sec. 8, p. 338.]
Idaho Code § 33-5216 — Idaho Code / Title 33 / Chapter 52 / Section 33-5216
33-5216 MILITARY LEAVE.
Status: in_force

33-5216. Military Leave. Public charter schools shall comply with the provisions of section 33-527, Idaho Code.

History:

[33-5216, added 2024, ch. 50, sec. 2, p. 260.]
Idaho Code § 33-3903 — Idaho Code / Title 33 / Chapter 39 / Section 33-3903
33-3903 DUTIES — PUBLICATIONS — COOPERATION WITH OTHER AGENCIES — SATELLITE OFFICES.
Status: in_force

33-3903. Duties — Publications — Cooperation with other agencies — Satellite offices. It shall be the duty of the Idaho archaeological survey to establish standards for documenting archaeological inventories; to establish standards for curation of archaeological collections; to conduct statewide studies in the field; to perform laboratory studies; to prepare and publish reports on the archaeological resources of the state; to perform analyses and long-term curation of archaeological collections and site inventory information; to determine and distribute to participating institutions an equitable portion of survey and inventory funds from the federal historic preservation funds received by the state of Idaho; and to fix a price upon printed reports and deposit receipts from sales in the archaeological survey account to be used for the preparation and publication of reports of the survey and for no other purpose. The survey shall be allowed to seek and accept funded projects from and form cooperative programs with state and federal agencies and private funding sources for support of the survey's inventory and curation activities. All moneys received from these projects shall be deposited in the archaeological survey account and shall be used for the aforementioned projects and services. The survey shall be allowed to have satellite offices at the university of Idaho, Idaho state university and Boise state university for the purpose of caring for archaeological collections or survey information or both.

History:

[33-3903, added 1992, ch. 116, sec. 1, p. 389.]
Idaho Code § 33-1632 — Idaho Code / Title 33 / Chapter 16 / Section 33-1632
33-1632 MASTERY-BASED EDUCATION.
Status: in_force

33-1632. MASTERY-BASED EDUCATION. (1) The legislature finds that moving toward mastery-based education where students progress as they demonstrate mastery of a subject or grade level is in the best interest of Idaho students. The legislature further finds that moving from the current time-based system to a mastery-based approach will allow for more personalized and differentiated learning; create a focus on explicit, measurable, transferable learning objectives that empower students; and emphasize competencies that include application and knowledge along with skill development.

(2) The state department of education shall perform the following activities to move Idaho toward mastery-based education:

(a) Provide ongoing statewide outreach and communications to increase awareness and understanding of and promote interest in mastery-based education for teachers, administrators, parents, students, business leaders, and policymakers;

(b) Facilitate and maintain the Idaho mastery education network composed of Idaho public school districts and charter schools that collaborate to transition Idaho to mastery-based education. The network shall:

(i) Advise the superintendent of public instruction and the state board of education on the progress of the transition to mastery-based education;

(ii) Develop evidence-based recommendations for continued implementation;

(iii) Implement the policies of the legislature and the state board of education for the transition to mastery-based education; and

(iv) Provide network resources, including professional development, coaching, and best practices, to Idaho public school districts and charter schools; and

(c) Create a sustainability plan for statewide scaling of mastery-based education and ensure that all public school districts and charter schools participating in the Idaho mastery education network develop plans that describe how the public school district or charter school will maintain a mastery-based approach to education. Plans must include a process to develop the rubrics and assessments necessary to determine mastery and award credit.

(3) The state department of education may expend or distribute moneys appropriated for purposes identified in subsection (2) of this section directly to public school districts and charter schools that are participating in the mastery education network and have applied and been selected to receive mastery-based education grants. The cost of activities provided for in this section shall be paid by the state department of education from moneys appropriated for this program in the educational support program budget as provided for in section 33-1002, Idaho Code.

(4) Any public school district or charter school may participate in the mastery education network by applying to the state department of education, even if such district or school is not selected to receive mastery-based education grants.

(5) No later than January 31 of each year, the state department of education shall report annually to the state board of education and the education committees of the senate and the house of representatives regarding the progress toward implementing mastery-based education.

(6) For purposes of this section:

(a) "Mastery-based education " means an education system where student progress is based on a student's demonstration of mastery of competencies and content, not seat time or the age or grade level of the student.

(b) "Network" means the Idaho mastery education network.

History:

[(33-1632) 33-1630 , added 2015, ch. 68, sec. 1, p. 183; am. and redesig. 2016, ch. 45, sec. 1, p. 95; am. and redesig. 2016, ch. 47, sec. 17, p. 111; am. 2019, ch. 189, sec. 1, p. 600.]
Idaho Code § 33-4902 — Idaho Code / Title 33 / Chapter 49 / Section 33-4902
33-4902 MOTORCYCLE SAFETY PROGRAM.
Status: in_force

33-4902. Motorcycle safety program. (1) The division of career technical education shall develop standards for, establish and administer the Idaho motorcycle safety program.

(2) The division of career technical education shall establish standards for the motorcycle rider training course, including standards for course curriculum and student evaluation and testing, and shall meet or exceed established national standards for motorcycle rider training courses in effect as of September 1, 1994.

(3) The program shall include activities to increase motorcyclists' alcohol and drug effects awareness, motorcycle rider improvement efforts, program promotion activities, and other efforts to enhance motorcycle safety through education, including enhancement of public awareness of motorcycles.

(4) The administrator of the division of career technical education shall appoint a program coordinator to oversee and direct the program.

(5) The division of career technical education shall establish standards for the training and approval of motorcycle rider training instructors and skills examiners which shall meet or exceed established national standards for such instructors and skills examiners in effect as of September 1, 1994.

History:

[(33-4902) 33-4802, added 1994, ch. 234, sec. 10, p. 742; am. and redesig. 2005, ch. 25, sec. 52, p. 101; am. 2009, ch. 30, sec. 2, p. 83; am. 2016, ch. 25, sec. 30, p. 53.]
Idaho Code § 33-105 — Idaho Code / Title 33 / Chapter 1 / Section 33-105
33-105 RULES — EXECUTIVE DEPARTMENT.
Status: in_force

33-105. Rules — Executive department. (1) The state board shall have power to make rules for its own government and the government of its executive departments and offices; and, upon recommendations of its executive officers, to appoint to said departments and offices such specialists, clerks and other employees as the execution of duties may require, to fix their salaries and assign their duties.

(2) Statements of the state board of education and board of regents of the university of Idaho which relate to the curriculum of public educational institutions, to students attending or applicants to such institutions, or to the use and maintenance of land, equipment and buildings controlled by the respective institutions, are not rules and are not statements of general applicability for the purposes of chapter 52, title 67, Idaho Code.

(3) Notwithstanding any other provision of chapter 52, title 67, Idaho Code, the state board of education and board of regents of the university of Idaho shall be deemed to be in full compliance with the notice requirements of section 67-5221, Idaho Code, if:

(a) Notice is given by including the intended action in the official written agenda for a regularly scheduled meeting of the board, and the agenda is available for public inspection at the central office of the board not less than five (5) days prior to the meeting; and

(b) Notice of the intended action, accompanied by the full text of the rule under consideration prepared so as to indicate words added or deleted from the presently effective text, if any, is transmitted to the director of the legislative services office at the same time that notice is given under paragraph (a) of this subsection. The director of the legislative services office shall refer the material under consideration to the germane joint subcommittee created in section 67-454, Idaho Code, to afford the subcommittee opportunity to submit data, views or arguments in writing to the board prior to the time for receiving comment as provided in paragraph (d) of this subsection; and

(c) The intended action is discussed but not acted upon during the regularly scheduled meeting for which the agenda was prepared, but instead is held for final action at the next regularly scheduled or later meeting of the board; and

(d) At least fifteen (15) days prior to the scheduled date for final action, the board shall mail to all persons who have made timely request in writing to the board and shall publish in an issue of the Idaho administrative bulletin a brief description of the intended action, or a concise summary of any statement of economic impact required pursuant to section 67-5223(2), Idaho Code, and shall note the time when, the place where, and the manner in which interested persons may present their views thereon; and

(e) Upon adoption of a rule, the board, if requested in writing to do so by an interested person either prior to adoption or within twenty-eight (28) days thereafter, shall issue a concise statement of the principal reasons for and against its adoption, incorporating therein its reasons for overruling the considerations urged against its adoption.

History:

[33-105, added 1963, ch. 13, sec. 5, p. 27; am. 1974, ch. 10, sec. 4, p. 49; am. 1992, ch. 263, sec. 55, p. 816; am. 1999, ch. 21, sec. 3, p. 31.]
Idaho Code § 33-5506 — Idaho Code / Title 33 / Chapter 55 / Section 33-5506
33-5506 COURSES — DEVELOPMENT — BROKERED — CREDIT — ACCREDITATION.
Status: in_force

33-5506. Courses — Development — Brokered — Credit — Accreditation. Online courses shall reflect state of the art in multimedia-based digital learning. Courses offered shall be of high quality in appearance and presentation, and shall be designed to meet the needs of all students regardless of the student's level of learning.

(1) All courses developed under the auspices of the academy are the property of the academy. Courses may be developed by qualified Idaho teachers who possess the necessary technical background and instructional expertise. Such persons may also be hired to deliver the course online. Nothing shall prevent the board from providing additional training to teachers in the development and online delivery of courses.

(2) At the discretion of the board with consideration for necessity, convenience and cost effectiveness, brokered courses developed by outside sources may be obtained for use by the academy; however, such courses shall be taught online by Idaho teachers unless special circumstances require a waiver of this requirement.

(3) Grade percentages in courses shall be based on such criteria as mastery of the subject, demonstrated competency, and meeting the standards set for each course.

(4) All courses shall meet criteria established by the state of Idaho as necessary for accreditation of the academy.

History:

[33-5506, added 2002, ch. 105, sec. 1, p. 287; am. 2008, ch. 119, sec. 7, p. 338.]
Idaho Code § 33-3001 — Idaho Code / Title 33 / Chapter 30 / Section 33-3001
33-3001 ESTABLISHMENT OF IDAHO STATE UNIVERSITY.
Status: in_force

33-3001. Establishment of Idaho State University. There is hereby established in the city of Pocatello, Idaho, an institution of higher education to be designated and known as the Idaho State University, consisting of such colleges, schools or departments as may from time to time be authorized by the state board of education.

History:

[33-3001, added 1963, ch. 12, sec. 1, p. 23.]
Idaho Code § 33-352 — Idaho Code / Title 33 / Chapter 3 / Section 33-352
33-352 ESTABLISHMENT.
Status: in_force

33-352. Establishment. Whenever a proposition for the creation of a school subdistrict shall have been approved in the manner set forth in section 33-351, Idaho Code, the board of trustees of the school district shall enter in its minutes an order providing for the establishment and creation of the school subdistrict setting forth therein the legal description of the boundaries thereof and shall designate therein a name for such school subdistrict. Within ten (10) days after the entry of the order creating such school subdistrict, the board of trustees shall certify the fact of the creation of such school subdistrict to the state board of education and to the board of county commissioners of each county in which any part of the school subdistrict is located, by the filing of a certified copy of the order of the board of trustees creating and establishing the school subdistrict.

History:

[33-352, added 1986, ch. 61, sec. 1, p. 177.]
Idaho Code § 33-2909 — Idaho Code / Title 33 / Chapter 29 / Section 33-2909
33-2909 UNIVERSITY PERMANENT ENDOWMENT FUND.
Status: in_force

33-2909. University permanent endowment fund. (1) There is established in the state treasury the university 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 any lands granted to the state of Idaho by the United States government for university purposes under the provisions of the act of congress of February 18, 1881, entitled "An act to grant lands to Dakota, Montana, Arizona, Idaho and Wyoming for university purposes," as amended by the Idaho Admission Bill 26 Stat. L. 215, ch. 656, and lands granted in lieu of university lands;

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

(c) Moneys allocated from the university earnings reserve fund.

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

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

History:

[33-2909 added 1998, ch. 256, sec. 11, p. 831.]
Idaho Code § 33-2105 — Idaho Code / Title 33 / Chapter 21 / Section 33-2105
33-2105 ADDITION OF TERRITORY TO COMMUNITY COLLEGE DISTRICTS.
Status: in_force

33-2105. Addition of territory to community college districts. Any territory not in an existing community college district may become a part of a community college district by a vote of the school district electors resident of said territory, voting at an election called and held as herein provided.

A petition signed by not less than one hundred (100) school district electors of the territory proposed to be added to the community college district, or twenty percent (20%) of the school district electors within the territory, whichever is the lesser, describing the boundaries of the territory, and a true copy thereof, shall be filed with the board of trustees of the community college district. The board shall forward the original of said petition, with its recommendations, to the state board of education, and a copy thereof to the board of county commissioners of the home county of the community college district. The state board of education shall consider such petition, as it is required to consider a petition for the formation of a community college district. If it approve the petition, notice to that effect shall be given the board of trustees of the community college district and to the board of county commissioners of the home county of the community college district.

When any such petition has been approved by the state board of education, an election shall be held in the manner of elections for the creation of a community college district, except that polling places shall be established only in the territory proposed to be added to the district. The question shall be deemed approved only if a majority of the votes cast in the territory were cast in favor of the proposal, and if this be the case, the territory shall be part of said community college district with all the force and effect as though said territory had been originally included in said community college district at the time of its original organization.

Notices to and by boards of county commissioners and to the state board of education shall be as provided in section 33-2104, Idaho Code. The state board of education shall notify the state liquor division that such territory has become a part of the community college district.

History:

[33-2105, added 1963, ch. 363, sec. 5, p. 1037; am. 2009, ch. 23, sec. 57, p. 69.]
Idaho Code § 33-309 — Idaho Code / Title 33 / Chapter 3 / Section 33-309
33-309 LAPSED DISTRICTS — ANNEXATION.
Status: in_force

33-309. Lapsed districts — Annexation. (1) If the state board of education shall find any school district:

(a) Has not operated its school for a period of one (1) school year;

(b) In which the average daily attendance during each term of not less than seven (7) months in the two (2) school years last past has been less than five (5) pupils; or

(c) For a period of not less than one (1) year last past has had an insufficient number of members on its board of trustees lawfully to conduct the business of the district;

the state board may enter its order declaring any such district to be lapsed, and which district shall lapse as of the first day of July next following the date of said order.

(2) Upon entering its order declaring a school district lapsed pursuant to subsection (1) of this section, the state board shall designate some proper person a hearing officer to conduct a public hearing or hearings on the matter of annexing the lapsed district to a school district or districts contiguous thereto. The state board shall cause notice of such hearing or hearings to be published in a newspaper of general circulation in the area and the notice shall state the time and place of the hearing or hearings and the subject matter involved.

(3) Upon concluding any hearing or hearings the hearing officer shall make his report and recommendation to the state board, and the state board shall thereafter order the lapsed area annexed to such contiguous district or districts as in the judgment of the state board seems equitable and just. Any such annexation shall be effective as of the fifteenth day of August next following the date of the order of annexation.

(4) Whenever there is any outstanding unpaid bonded debt owed by the lapsed district, the state board shall, in its order of annexation, require the district, or one (1) of the districts, to which the lapsed area is annexed, to keep and maintain the bond register and to pay the principal and interest, when the same are due, out of the proceeds of any levy made for that purpose. The said order of annexation shall also provide for the transfer, or apportionment, to the annexing district or districts of the property and current liabilities of the lapsed district as in the judgment of the state board is equitable and just; provided however, that if the lapsed district shall have excess of liquid assets over current liabilities, and if such lapsed district shall have any outstanding unpaid bonded debt, then and in that event such excess shall be ordered transferred to a fund for the payment of the principal of and interest on such debt.

(5) When annexation has been completed, as hereinabove authorized, the state board shall give notice of such annexation to the officers of the lapsed district, if any there be, and to the board of county commissioners of any county in which shall lie any district, the boundaries of which have been changed by the annexation of the lapsed area. The notice to any board of county commissioners shall be accompanied by a legal description of the boundaries of the district or districts as changed by the annexation.

History:

[33-309, added 1963, ch. 13, sec. 39, p. 27; am. 2009, ch. 88, sec. 1, p. 257.]
Idaho Code § 33-5005 — Idaho Code / Title 33 / Chapter 50 / Section 33-5005
33-5005 DELEGATION OF MANAGEMENT AND INVESTMENT FUNCTIONS.
Status: in_force

33-5005. Delegation of management and investment functions. (1) Subject to any specific limitation set forth in a gift instrument or in law other than this chapter, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in:

(a) Selecting an agent;

(b) Establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund; and

(c) Periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the scope and terms of the delegation.

(2) In performing a delegated function, an agent owes a duty to the institution to exercise reasonable care to comply with the scope and terms of the delegation.

(3) An institution that complies with subsection (1) of this section is not liable for the decisions or actions of an agent to which the function was delegated.

(4) By accepting delegation of a management or investment function from an institution that is subject to the laws of this state, an agent submits to the jurisdiction of the courts of this state in all proceedings arising from or related to the delegation or the performance of the delegated function.

(5) An institution may delegate management and investment functions to its committees, officers or employees as authorized by law of this state other than this chapter.

History:

[33-5005, added 2007, ch. 173, sec. 2, p. 515.]
Idaho Code § 33-1204 — Idaho Code / Title 33 / Chapter 12 / Section 33-1204
33-1204 VALIDITY, DURATION, RENEWAL, AND LAPSE OF CERTIFICATES — LIFETIME INSTRUCTIONAL AND LIFETIME ADMINISTRATOR CERTIFICATES.
Status: in_force

33-1204. Validity, duration, renewal, and lapse of certificates — lifetime instructional and lifetime ADMINISTRATOR certificates. (1) The state board of education shall by rule provide for the validity, duration, renewal, and lapse of certificates. In addition, rules promulgated by the state board of education shall set forth criteria for renewal of administrator certificates, which shall include a requirement that administrator certificate holders must complete a course consisting of a minimum of three (3) semester credits in the statewide framework for teachers' evaluations. Such course shall include a laboratory component.

(2) If the holder of a certificate who has undergone a criminal history check pursuant to district policy as provided in section 33-512(15), Idaho Code, is found to have been convicted of any felony crime enumerated in section 33-1208, Idaho Code, the certificate shall be revoked or suspended as provided in this chapter.

(3) The state board of education may by rule require professional development credits as a condition of certificate renewal, provided that such rule must recognize providing instruction in a professional development course or in a course at an institution of higher education as an option to complete required credits.

(4) The state board of education may, subject to legislative approval, establish rules to provide for the issuance of a lifetime instructional certificate, a pupil service staff certificate, or a lifetime administrator certificate to any certificated staff who has accumulated at least twenty-five (25) years of combined certificated experience in an Idaho school district, a public charter school in Idaho, or an equivalent public school system in another jurisdiction. Experience in any certificated position may be applied toward the total required years for the certificate. Such certificate shall:

(a) Be issued at no cost to the Idaho certificated individual;

(b) Not require any ongoing reporting, maintenance, or professional development from the Idaho certificated individual; and

(c) Be valid for the duration of the Idaho certificated individual's lifetime, provided that the Idaho certificated individual does not engage in any professional misconduct that would warrant revocation pursuant to section 33-1208, Idaho Code.

History:

[33-1204, added 1963, ch. 13, sec. 146, p. 27; am. 1984, ch. 70, sec. 1, p. 132; am. 1988, ch. 118, sec. 1, p. 217; am. 1996, ch. 375, sec. 4, p. 1277; am. 1998, ch. 88, sec. 6, p. 302; am. 2006, ch. 244, sec. 7, p. 749; am. 2015, ch. 229, sec. 13, p. 719; am. 2019, ch. 262, sec. 1, p. 773; am. 2025, ch. 58, sec. 1, p. 272; am. 2026, ch. 222, sec. 8, p. 993.]
Idaho Code § 33-130 — Idaho Code / Title 33 / Chapter 1 / Section 33-130
33-130 CRIMINAL HISTORY CHECKS FOR SCHOOL DISTRICT EMPLOYEES OR APPLICANTS FOR CERTIFICATES OR INDIVIDUALS HAVING CONTACT WITH STUDENTS — STATEWIDE LIST OF SUBSTITUTE TEACHERS.
Status: in_force

33-130. Criminal history checks for school district employees or applicants for certificates or individuals having contact with students — Statewide list of substitute teachers. (1) The department of education, through the cooperation of the Idaho state police, shall establish a system to obtain a criminal history check on individuals to include, but is not limited to, certificated and noncertificated employees, all applicants for certificates pursuant to chapter 12, title 33, Idaho Code, substitute staff, individuals involved in other types of student training such as practicums and internships, and on all individuals who have unsupervised contact with students in a K-12 setting. The criminal history check shall be based on a completed ten (10) finger fingerprint card or scan and shall include, at a minimum, the following state and national databases:

(a) Idaho bureau of criminal identification;

(b) Federal bureau of investigation (FBI) criminal history check; and

(c) Statewide sex offender register.

(2) The state department of education shall charge all such individuals a fee necessary to cover the cost of undergoing a criminal history check pursuant to this section. The total fee shall be sufficient to cover the net costs charged by the federal bureau of investigation and the state police. A record of all background checks shall be maintained at the state department of education in a data bank for all employees of a school district with a copy going to the employing school district, when requested at the time of the application or within six (6) months following the performance of the criminal history check. A copy shall also be provided to the applicant upon request.

(3) The state department of education shall maintain a statewide list of substitute teachers. The term "substitute teacher" shall have the meaning as provided in section 33-512(15), Idaho Code.

(4) The Idaho state police and the department of education shall implement a joint exercise of powers agreement pursuant to sections 67-2328 through 67-2333, Idaho Code, necessary to implement the provisions of this section.

History:

[33-130, added 1996, ch. 375, sec. 1, p. 1274; am. 2000, ch. 469, sec. 80, p. 1526; am. 2008, ch. 349, sec. 1, p. 961; am. 2015, ch. 201, sec. 1, p. 614; am. 2017, ch. 115, sec. 1, p. 266.]
Idaho Code § 33-1222 — Idaho Code / Title 33 / Chapter 12 / Section 33-1222
33-1222 FREEDOM FROM ABUSE.
Status: in_force

33-1222. Freedom from abuse. Certificated employees of every school district shall be free from abuse by parents or other adults, as provided in section 18-916, Idaho Code.

History:

[33-1222, added 1963, ch. 13, sec. 162, p. 27; am. 1981, ch. 139, sec. 1, p. 242.]
Idaho Code § 33-3104 — Idaho Code / Title 33 / Chapter 31 / Section 33-3104
33-3104 GENERAL POWERS AND DUTIES OF BOARD.
Status: in_force

33-3104. General powers and duties of board. All rights and title to property, real or personal, belonging to or vested in the Lewis-Clark State College are hereby vested in its board of trustees and their successors. The board of trustees is empowered to acquire, by purchase or exchange, any property which in the judgment of the board is needful for the operation of the Lewis-Clark State College; and to dispose of, by sale or exchange, any property which in the judgment of the board is not needful for the operation of the college.

The board of trustees of the Lewis-Clark State College shall have the following powers:

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

2. 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.

3. 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.

4. 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 to do so, to let contracts for such construction, remodeling or repair and to supervise the work thereof.

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

History:

[(33-3104) 1893, p. 6, sec. 4; reen. 1899, p. 164, sec. 4; reen. R.C. & C. L., sec. 503; C.S., sec. 1083; I.C.A., sec. 32-2504; am. 1971, ch. 44, sec. 4, p. 92.]
Idaho Code § 33-4103 — Idaho Code / Title 33 / Chapter 41 / Section 33-4103
33-4103 DESIGNATING THE STATE AGENCY TO RECEIVE AND FILE BYLAWS.
Status: in_force

33-4103. Designating the state agency to receive and file bylaws. Pursuant to Article III (I) of the compact, the commission shall file a copy of its bylaws and any amendment thereto with the state board of education.

History:

[33-4103, added 1967, ch. 15, sec. 3, p. 24.]
Idaho Code § 33-2104A — Idaho Code / Title 33 / Chapter 21 / Section 33-2104A
33-2104A COMMUNITY COLLEGE TRUSTEE ZONES.
Status: in_force

33-2104A. community college trustee zones. (1) Each existing community college district shall be divided into five (5) trustee zones. Each trustee position on the board shall be designated to a zone so that each trustee zone contains one (1) designated trustee position.

(2) The boundaries of the several trustee zones in each existing community college district shall be drawn so that the five (5) zones are as nearly equal in population as practicable. If a community college district is situated within two (2) or more counties, and any one (1) of the counties has sufficient population to warrant at least one (1) zone, then the boundaries of a trustee zone shall be located wholly within the boundaries of such county.

(3) A proposal to redefine the boundaries of trustee zones of a community college district shall be initiated by its board of trustees at the first meeting following the report of the decennial census or following the electors' approval of the addition of territory pursuant to section 33-2105, Idaho Code. The board of trustees shall submit the proposal to the state board of education within one hundred twenty (120) days following the decennial census or election. The proposal shall include a legal description of each proposed trustee zone, a map of the district showing how each proposed trustee zone would appear and the approximate population each zone would have should the proposal to change the boundaries of the trustee zones become effective.

(4) Within sixty (60) days after receipt of a proposal submitted pursuant to subsection (3) of this section, the state board of education may approve or disapprove the proposal to redefine the boundaries of the trustee zones and shall give written notice of its decision to the board of trustees of the district wherein the change is proposed. If the state board of education disapproves a proposal, then it shall provide the board of trustees with a written explanation setting forth its reasons for disapproval. Within forty-five (45) days of receipt of a disapproval, the board of trustees shall submit a revised proposal to the state board of education. If the state board of education approves the proposal, then it shall notify the board of trustees, the trustee zones shall be changed in accordance with the proposal and a copy of the legal description of each trustee zone and map of the district showing how each trustee zone will appear shall be filed by the board of trustees with the county clerk of the home county.

(5) At the next regular meeting of the board of trustees following the state board's approval of a proposal submitted pursuant to subsection (4) of this section, the community college board of trustees shall appoint from its membership a trustee for each new zone to serve as trustee until that incumbent trustee's term expires. If the current board membership includes two (2) or more incumbent trustees who reside in the same trustee zone, then the following applies:

(a) The position on the board held by the trustee with the greatest amount of time remaining in such trustee's term shall be the position on the board designated to the zone wherein such trustee resides.

(b) If there is no difference in the amount of time remaining in the incumbents' terms, then the position on the board held by the most senior trustee shall be designated to the zone wherein such trustee resides.

(c) If there is no difference in seniority among the incumbents, then a majority vote of the sitting board, excluding the incumbents subject to the vote, shall determine which incumbent trustee shall be designated to the zone wherein such trustees reside and the remaining trustee or trustees shall be designated to the position or positions on the board in the zone or zones wherein no incumbent trustee resides.

(6) Any incumbent trustee whose position on the board has been designated to a zone other than the zone in which such trustee resides may complete their term; however, when the position is next scheduled to be placed on the ballot, only persons residing in the zone to which the position has been designated shall be eligible to run for the position.

(7) Notwithstanding the time requirements set forth in this section, on or before July 1, 2016, the board of trustees of each community college district formed before the effective date of this act shall obtain a state board of education-approved proposal to divide the district into five (5) trustee zones. Trustee terms due for the 2016 election shall be subject to the zoning and board position requirements set forth in this section.

History:

[33-2104A, added 2016, ch. 193, sec. 1, p. 538.]
Idaho Code § 33-909 — Idaho Code / Title 33 / Chapter 9 / Section 33-909
33-909 PUBLIC SCHOOL FACILITIES COOPERATIVE FUNDING PROGRAM — FUND CREATED.
Status: in_force

33-909. Public school facilities cooperative funding program — Fund created. (1) In fulfillment of the constitutional requirement to provide a general, uniform and thorough system of public, free common schools, it is the intent of the state of Idaho to advance its responsibility for providing a safe environment conducive to learning by providing a public school facilities funding program to enable qualifying school districts to address unsafe facilities identified as unsafe under the standards of the Idaho uniform school building safety act.

(2) Participation in the program, for the purpose of obtaining state financial support to abate identified school building safety hazards, requires submission of an application to the public school facilities cooperative funding program panel. Application can be made by:

(a) Any school district that has failed to approve at least one (1) or more bond or plant facility levies for the repair, renovation, or replacement of existing unsafe facilities within the two (2) year period immediately preceding submission of the application;

(b) The administrator of the division of occupational and professional licenses for a school district that has failed to address identified unsafe facilities as provided in chapter 80, title 39, Idaho Code; or

(c) Any school district that has approved one (1) or more bond or plant facility levies, within the two (2) year period immediately preceding submission of the application, for the repair, renovation, or replacement of existing unsafe facilities, where the cost of such abatement exceeds the amount of moneys available from such levy or levies.

(3) There is hereby created within the state department of education the Idaho public school facilities cooperative funding program panel, hereafter referred to as the panel. The panel shall consist of the administrator of the division of occupational and professional licenses, the administrator of the division of public works, and the superintendent of public instruction, or a designee appointed by a panel member. It shall be the duty of the panel to consider all applications made to it and to approve, modify or reject an application based upon the most economical solution to the problem, as analyzed within a projected twenty (20) year time frame.

(4) The application shall contain the following information:

(a) The identified school building safety hazards and such other information necessary to document the deficiencies;

(b) The school district's plan for abating the defects, including costs and sources and amounts of revenue available to the school district;

(c) The market value for assessment purposes of the school district; and

(d) A detailed accounting of all bond and plant facility levies of the school district and the revenues raised by such levies.

For applications initiated by the administrator of the division of occupational and professional licenses pursuant to subsection (2)(b) of this section, the school district shall provide the information required in this subsection if such information is not available to the administrator.

(5)(a) If the panel determines that it requires additional plans and information, it may authorize the expenditure of up to one hundred fifty thousand dollars ($150,000) per application from the public school facilities cooperative fund for the procurement thereof. In considering an application, the panel shall determine whether the plan as proposed is acceptable, is acceptable with modifications as determined by the panel, or should be rejected. If the application is approved or approved with modifications, any expenditures authorized by the panel pursuant to this subsection shall be added to the project. The panel shall notify the applicant of its decision, in writing, within ninety (90) days of receiving the application. At the same time the panel notifies the applicant, the panel shall send notification of an approved application or a modified application to the state department of education, along with the panel's specifications for the project and its cost.

(b) The panel may authorize modifications to the approved plan at any time prior to the completion of the project, giving consideration to the interests of the school district, the students and the electors in its determination. Such modification may alter the scope of work or terminate the approved plan. All modifications must meet the standards as outlined in this section.

(6) If an application received pursuant to subsection (2)(b) of this section is accepted or modified by the panel, then the local board of trustees of that school district, at the next election held pursuant to section 34-106, Idaho Code, shall submit the question to the qualified electors of the school district of whether to approve a bond or plant facility levy in the amount of the cost of the project as approved by the panel. If the question to the qualified electors is not approved at the election, the department shall remit payment to the district pursuant to subsection (9)(a) of this section.

(7) For applications approved or modified by the panel that are submitted pursuant to subsection (2)(b) of this section or those that exceed five million dollars ($5,000,000) in cost, within thirty-five (35) calendar days of receiving notification from the panel that an application has been approved or modified by the panel, the superintendent of public instruction shall appoint a district supervisor for interim state supervision of the local school district. The district supervisor shall be responsible for ensuring that the project, as approved by the panel, is completed and shall regularly report to the panel in a manner as determined by the panel upon approval of the project. The district supervisor shall also have the authority granted to said position by the provisions of section 6-2212, Idaho Code. A district supervisor's term of service shall continue for the duration of the project, and such person appointed as a district supervisor shall serve at the pleasure of the superintendent of public instruction.

(8) The abatement of unsafe public school facilities through the public school facilities cooperative funding program shall be performed exclusively in accordance with the regular permitting, plan review and inspection requirements of the division of occupational and professional licenses. The state fire marshal shall have exclusive authority to perform the powers and duties prescribed in section 41-254, Idaho Code, for such facilities while the unsafe condition is being abated. The Idaho building code board shall function as a board of appeals for the division of occupational and professional licenses for such construction in accordance with the provisions of section 39-4107, Idaho Code. Upon successful completion of the construction in accordance with applicable building codes, a certificate of occupancy shall be issued by the administrator of the division of occupational and professional licenses. Upon issuance of a certificate of occupancy, responsibility for ensuring the safety of the facility or portion thereof so constructed will then be returned to the school district and responsibility for ensuring subsequent compliance with building codes returned to the authority having jurisdiction.

(9) Upon approval of an application or a modified application, the panel shall certify the cost of the project, as approved by the panel, to the state department of education.

(a) The total cost of the project, less any school district funds being provided, including bond or plant facility funds available pursuant to an application made under subsection (2)(c) of this section, shall initially be paid by the state from the public school facilities cooperative fund. If the panel determines that the amount it approved is insufficient to complete the project in a satisfactory manner, the panel may request a legislative appropriation of additional moneys from the public school facilities cooperative fund. If such an appropriation is approved, these additional moneys shall be added to the cost of the project.

(b) The district's share of costs that may be repaid through the payment provisions of this section shall not exceed the district's share of bond payment costs as would have been calculated for the bond levy equalization support program, as if such program still existed, in the fiscal year in which the application is made. If the bond levy equalization fund index for the district is less than 1.00, the district share shall be discounted by the percentage difference between the index value and 1.00. However, if the index value is 1.50 or below, the discount shall be no less than ten percent (10%) of the simple interest, as calculated by the department over a term not to exceed twenty (20) years based on the interest rate charged pursuant to the provisions of this paragraph. Simple interest shall be charged on the unpaid balance of the district's share of costs, as such balance exists at the end of each fiscal year, at the average rate of interest earned by the state treasurer on the investment of idle funds in the fiscal year in which the application is made. For the first year, the simple interest calculation shall be based on the actual number of days since the initial payment to the district.

(c) It shall be the responsibility of the state department of education to calculate a payment in accordance with the provisions of subsection (10) of this section, which, when imposed over a maximum period not to exceed twenty (20) years, may yield the revenues needed to repay the school district's share of the cost of the project. The provisions of this paragraph shall not apply to owed payments that are not made by the district pursuant to subsection (10)(a) of this section.

(d) The payment calculated by the state department of education shall be certified by the department to the school district. The revenues collected by imposition of the payment from the school district facilities fund in section 33-911, Idaho Code, shall be remitted to the state treasurer for deposit to the public school facilities cooperative fund.

(10)(a) The annual payment shall be the amount received by the school district pursuant to section 33-911, Idaho Code, that is applied pursuant to section 33-911(2)(b), Idaho Code. This payment shall be remitted annually by September 15 of each year. If payments are not made by the district pursuant to section 33-911(2)(b), Idaho Code, the twenty (20) year term outlined in subsection (9)(b) of this section shall be extended by the number of annual payments not made by the district if there was a distribution made pursuant to section 33-911(2)(b), Idaho Code.

(b) The payment shall be made for the amount of time required to reimburse the state for the school district's share of the project cost, but not to exceed twenty (20) years, unless payments are not made as outlined in subsection (9)(a) of this section, even if this period would not provide reimbursement of the entire amount of the school district's share of the cost of the project, including any appropriate interest. The state department of education is authorized and directed to recalculate the payment on an annual basis and is authorized to increase or decrease the payment according to the payment schedule. Provided however, if the payment calculated is estimated to raise more money than would be necessary to repay the district's share of costs, then the state department of education shall certify to the school district the moneys necessary to repay the district's share of costs.

(c) Within sixty (60) days of the issuance of the certificate of occupancy pursuant to subsection (8) of this section, the school district shall report to the state department of education the total amount of any project savings based on the difference between the amount originally paid pursuant to subsection (9)(a) of this section for the project and the actual costs incurred, including any contracted costs not yet paid. The state department of education shall verify the reported savings. Upon verification, project savings shall be returned by the school district to the public school facilities cooperative fund within thirty (30) days of receiving notice of verification from the state department of education. The amount returned shall then be applied to reduce the school district's remaining unpaid share of costs pursuant to the payment schedule calculated in subsection (10) of this section.

(11) There is hereby created in the state treasury a public school facilities cooperative fund. The fund shall contain such moneys as may be directed pursuant to appropriation. Moneys in the fund shall be used exclusively to finance the public school facilities cooperative funding program, except as provided in subsection (9)(a) of this section, and are hereby continuously appropriated for such purposes as authorized by this section. Moneys in the fund shall be invested by the state treasurer in the same manner as provided under section 67-1210, Idaho Code, with respect to other idle moneys in the state treasury. Interest earned on the investments shall be retained by the fund.

History:

[33-909, added 2006, ch. 311, sec. 6, p. 962; am. 2012, ch. 221, sec. 1, p. 604; am. 2013, ch. 32, sec. 1, p. 70; am. 2014, ch. 11, sec. 1, p. 14; am. 2023, ch. 15, sec. 3, p. 68; am. 2025, ch. 213, sec. 1, p. 1015; am. 2026, ch. 11, sec. 1, p. 84.]
Idaho Code § 33-5308A — Idaho Code / Title 33 / Chapter 53 / Section 33-5308A
33-5308A STATE NOTES ISSUED TO FINANCE DEFAULT AVOIDANCE PROGRAM.
Status: in_force

33-5308A. State notes issued to finance default avoidance program. State notes issued by the state treasurer pursuant to section 33-5308, Idaho Code, shall comply with the following:

(1) Each series of notes issued shall mature not later than twelve (12) months from the date the notes are issued, or the end of the fiscal year, whichever is sooner.

(2) Notes issued may be refunded using the procedures set forth in this chapter for the issuance of notes, in an amount not more than the amount necessary to pay principal of an accrued but unpaid interest on any refunded notes plus all costs of issuance, sale and delivery of the refunding notes, rounded up to the nearest integral multiple of five thousand dollars ($5,000).

(3) Each series of refunding notes shall mature not later than twelve (12) months from the date the refunding notes are issued, or the end of the fiscal year, whichever is sooner.

(4) Before issuing or selling any note to other than a state fund or account, the state treasurer shall prepare a written plan of financing and file it with the governor. The plan of financing shall comply with the following:

(a) The plan of financing shall provide for:

(i) The terms and conditions under which the notes will be issued, sold and delivered;

(ii) The taxes or revenues to be anticipated;

(iii) The maximum amount of notes that may be outstanding at any one (1) time under the plan of financing;

(iv) The sources of payment of the notes;

(v) The rate or rates of interest, if any, on the notes or a method, formula or index under which the interest rate or rates on the notes may be determined during the time the notes are outstanding; and

(vi) All other details relating to the issuance, sale and delivery of the notes.

(b) In identifying the taxes or revenues to be anticipated and the sources of payment of the notes in the financing plan, the state treasurer may include any combination of the following:

(i) The taxes authorized by this chapter;

(ii) The intercepted revenues authorized by this chapter;

(iii) The proceeds of refunding notes; or

(iv) The terms and conditions of arrangements entered into by the state treasurer on behalf of the state with financial and other institutions for letters of credit, standby letters of credit, reimbursement agreements, and remarketing, indexing and tender agreements to secure the notes, including payment from any legally available source of fees, charges or other amounts coming due under the agreements entered into by the state treasurer.

(5) When issuing the notes to other than a state fund or account, the state treasurer shall issue an order setting forth the interest, form, manner of execution, payment, manner of sale, prices at or below face value, and all details of issuance of the notes. The order and the details set forth in the order shall conform with any applicable plan of financing and with this chapter.

(6) Each note shall recite:

(a) That it is a valid obligation of the state and that the full faith, credit, and resources of the state are pledged for the payment of the principal of and interest on the note from the taxes or revenues identified in accordance with its terms and the constitution and laws of Idaho.

(b) That these general obligation notes do not constitute debt of the state for the purposes of the debt limitation of section 1, article VIII, of the constitution of the state of Idaho.

(7) Immediately upon the completion of any sale of notes, the state treasurer shall:

(a) Make a verified return of the sale to the state controller, specifying the amount of notes sold, the persons to whom the notes were sold, and the price, terms and conditions of the sale; and

(b) Credit the proceeds of the sale, other than accrued interest and amounts required to pay costs of issuance of the notes, to the general fund to be applied to the purpose for which the notes were issued.

History:

[33-5308A, added 2010, ch. 295, sec. 4, p. 799.]
Idaho Code § 33-2109A — Idaho Code / Title 33 / Chapter 21 / Section 33-2109A
33-2109A USE OF UNUSED SICK LEAVE.
Status: in_force

33-2109A. Use of unused sick leave. Upon separation from employment with the community college district by retirement, in accordance with chapter 13, title 59, Idaho Code, or with chapter 1, title 33, Idaho Code, an employee shall be accorded credit for unused sick leave as provided in section 67-5333, Idaho Code. Each community college district shall contribute to the sick leave account for the purposes of this section, as provided in subsection (2)(c) of section 67-5333, Idaho Code.

History:

[33-2109A, added 1983, ch. 100, sec. 1, p. 218; am. 1997, ch. 275, sec. 4, p. 818; am. 2006, ch. 380, sec. 2, p. 1176.]
Idaho Code § 33-512B — Idaho Code / Title 33 / Chapter 5 / Section 33-512B
33-512B SUICIDAL TENDENCIES — DUTY TO WARN.
Status: in_force

33-512B. Suicidal tendencies — Duty to warn. (1) Notwithstanding the provisions of section 33-512(4), Idaho Code, neither a teacher nor a school district shall have a duty to warn of the suicidal tendencies of a student absent the teacher's knowledge of direct evidence of such suicidal tendencies.

(2) "Direct evidence" means evidence which directly proves a fact without inference and which in itself, if true, conclusively establishes that fact. Direct evidence would include unequivocal and unambiguous oral or written statements by a student which would not cause a reasonable teacher to speculate regarding the existence of the fact in question; it would not include equivocal or ambiguous oral or written statements by a student which would cause a reasonable teacher to speculate regarding the existence of the fact in question.

(3) The existence of the teacher's knowledge of the direct evidence referred to in subsections (1) and (2) of this section shall be determined by the court as a matter of law.

History:

[33-512B, added 1996, ch. 377, sec. 1, p. 1282.]
Idaho Code § 33-6404 — Idaho Code / Title 33 / Chapter 64 / Section 33-6404
33-6404 CREDIT FOR PRIOR KNOWLEDGE.
Status: in_force

33-6404. CREDIT FOR PRIOR KNOWLEDGE. (1) Starting in fiscal year 2023, a high school student may request credit for a course by demonstrating an understanding of subject area content standards. The board of each school district and public charter school shall adopt a policy to:

(a) Provide a process through which a student may request credit for prior knowledge;

(b) Establish methods by which a student can demonstrate knowledge of the subject area content. Methods may include but are not limited to:

(i) Assessments;

(ii) Performance-based assessments;

(iii) Presentations, major projects, or papers;

(iv) Performance or portfolios; or

(v) Other methods independent of instructional time and credit hours;

(c) Determine the qualifying score or grade, the minimum of which should not exceed eighty percent (80%), that a student must earn in order to receive a pass and earn credit for a course.

(2) If a student earns credit under this section, then the student shall be counted as having completed all required coursework for that course and, if applicable, the prerequisite requirements that the course satisfies. A course for which a student is awarded credit under this section shall also be counted as satisfying the equivalent number of credits toward the student's graduation requirements.

(3) If credit is earned under this section, a student may not subsequently receive credit for a course earlier in the course sequence in the same subject area.

History:

[33-6404, added 2021, ch. 138, sec. 1, p. 385.]
Idaho Code § 33-4003 — Idaho Code / Title 33 / Chapter 40 / Section 33-4003
33-4003 MEANS AND METHODS TO EFFECTUATE TRANSITION — ASSUMPTION OF LIABILITIES — EXCEPTION.
Status: in_force

33-4003. Means and methods to effectuate transition — Assumption of liabilities — Exception. The board of trustees of Boise Community College District are hereby empowered, authorized and directed to convey and assign all property rights, contracts and other tangible and intangible assets of the district, and/or college to the state board of education as a succeeding board of trustees of said college provided in Section 2 of this act. The state board of education and the board of trustees of Boise Community College Ddistrict are hereby authorized and directed to confer between themselves and with third parties as may be necessary, to determine and agree upon appropriate means and methods to effectuate the orderly transfer of Boise College on January 1, 1969, as herein provided and each of said boards are hereby authorized and directed to have prepared and execute all instruments and documents necessary therefor. The respective boards shall, immediately after the passage of this act confer, cooperate and agree upon all contracts and other matters which will or may carry over beyond January 1, 1969 and each board is authorized to execute any and all documents, agreements, employment contracts and do all things necessary, both before and after January 1, 1969 to effectuate the transition of said college herein provided with the least interference and disruption of the educational processes of said college. On and after January 1, 1969 the state board of education as the board of trustees shall assume the liabilities and responsibilities of Boise Community College District excepting, however, the liabilities of the district for the payment of principal and interest of general obligation bonds theretofore issued by the district.

History:

[33-4003, added 1967, ch. 369, sec. 3, p. 1062.]
Idaho Code § 33-1809 — Idaho Code / Title 33 / Chapter 18 / Section 33-1809
33-1809 ACCOUNTABILITY AND CONTINUOUS IMPROVEMENT.
Status: in_force

33-1809. accountability and continuous improvement. (1) In recognition of the critical role leadership plays in creating a culture in our schools around continuous improvement, it is the intent of the legislature to provide local school boards of trustees and charter school boards of directors with the resources necessary to work effectively with school leadership to set goals and growth targets.

(2) All newly elected or appointed board members shall participate in at least one (1) board member orientation focused on:

(a) State and school district or charter school resources available for literacy intervention and improvements;

(b) School, district, and state level data available to track progress on student literacy proficiency and growth toward proficiency; and

(c) How to set measurable goals for improving student proficiency.

(3) Every board of trustee member or charter school director shall participate in the literacy intervention orientation and training by June 30, 2023, or as provided by the state board of education thereafter.

(4) School district and charter schools shall set annual literacy proficiency and growth targets for students in kindergarten through grade 3.

(5) Literacy proficiency and growth targets shall align with the continuous improvement plan goals and targets of the school district or charter school and the framework for schools to achieve statewide literacy growth targets. Goal-setting and growth targets shall be based on comparisons between similar cohorts of students in similar school buildings and school districts.

(6) There shall be a statewide dashboard available for school personnel, parents, the governor, and the legislature to use to view progress toward the school's literacy proficiency and growth targets and statewide progress toward the statewide literacy growth targets set by the state board of education. Information shall be available by school level based on like cohorts of students in similar schools and school districts.

History:

[33-1809, added 2021, ch. 292, sec. 5, p. 879.]
Idaho Code § 33-3107 — Idaho Code / Title 33 / Chapter 31 / Section 33-3107
33-3107 COURSE OF STUDY, CERTIFICATES, AND DIPLOMAS.
Status: in_force

33-3107. Course of study, certificates, and diplomas. It shall be the duty of the board of trustees, 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.

History:

[(33-3107) 1893, p. 6, sec. 8; reen. 1899, p. 164, sec. 8; reen. R.C. & C.L., sec. 507; C.S., sec. 1086; I.C.A., sec. 32-2507; am. 1971, ch. 44, sec. 6, p. 92.]
Idaho Code § 33-5301 — Idaho Code / Title 33 / Chapter 53 / Section 33-5301
33-5301 TITLE.
Status: in_force

33-5301. Title. This chapter shall be known as the "Idaho School Bond Guaranty Act."

History:

[33-5301, added 1999, ch. 328, sec. 1, p. 840.]
Idaho Code § 33-1408 — Idaho Code / Title 33 / Chapter 14 / Section 33-1408
33-1408 SPECIAL LEVY FOR TUITION.
Status: in_force

33-1408. Special levy for tuition. Any school district is hereby authorized to make a levy above the maintenance and operation levy otherwise authorized by law for the purpose of paying tuition costs of its students who, under authorization of the board of trustees of the district, attend school in another district in Idaho. Such levy shall be exempt from the provisions of section 63-802, Idaho Code.

History:

[33-1408, added 1981, ch. 235, sec. 1, p. 475; am. 1983, ch. 237, sec. 1, p. 643; am. 1996, ch. 208, sec. 8, p. 666; am. 1996, ch. 322, sec. 29, p. 1060; am. 2006, 1st Ex. Sess., ch. 1, sec. 12, p. 55.]
Idaho Code § 33-209 — Idaho Code / Title 33 / Chapter 2 / Section 33-209
33-209 TRANSFER OF STUDENT RECORDS — DUTIES.
Status: in_force

33-209. Transfer of student records — Duties. Whenever a student transfers from one (1) school to another, within the district, within the state, or elsewhere, and the sending school is requested to forward student records, the sending school shall respond by forwarding a certified copy of the transferred student's record within ten (10) days, except as provided in section 18-4511, Idaho Code. When the school record contains information concerning violent or disruptive behavior or disciplinary action involving the student, this information shall be included in the transfer of records but shall be contained in a sealed envelope, marked to indicate the confidential nature of the contents, and addressed to the principal or other administrative officer of the school.

The parent or guardian of a student transferring from out-of-state to a school within the state of Idaho is required, if requested, to furnish the school within this state accurate copies of the student's school records, including records containing information concerning violent or disruptive behavior or disciplinary action involving the student. This information shall be contained in a sealed envelope, marked to indicate the confidential nature of the contents, and addressed to the principal or other administrative officer of the school.

Failure of the parent or guardian to furnish the required records, or failure to request of the administration of the previous school to provide the required records, shall constitute adequate grounds to deny enrollment to the transferring student or to suspend or expel the student if already enrolled.

History:

[33-209, added 1994, ch. 174, sec. 1, p. 401; am. 1998, ch. 186, sec. 2, p. 681.]
Idaho Code § 33-1207 — Idaho Code / Title 33 / Chapter 12 / Section 33-1207
33-1207 ENDORSEMENT AND REGISTRATION OF CERTIFICATES.
Status: in_force

33-1207. Endorsement and registration of certificates. The board of trustees of each school district shall cause the certificates of each holder thereof to be endorsed (a) prior to beginning service for the first time with the district, or (b) in the first year after a new or renewed certificate is issued, showing the date of service thereunder; and shall cause to be maintained a continuing record of certificates, by style and number, of each certificated employee of the district.

History:

[33-1207, added 1963, ch. 13, sec. 149, p. 27; am. 1971, ch. 15, sec. 1, p. 28.]
Idaho Code § 33-1016 — Idaho Code / Title 33 / Chapter 10 / Section 33-1016
33-1016 IDAHO HIGH-NEEDS STUDENT FUND.
Status: in_force

33-1016. Idaho High-Needs student fund. (1) As used in this section:

(a) "Eligible costs" means individualized education program-related expenses incurred solely for providing special education and related services, including but not limited to nursing, interpreting, speech therapy, occupational therapy, physical therapy, personal care, specialized equipment, extended school-year services, and school-based medicaid match. Eligible costs shall not include routine classroom costs, basic materials and supplies, standard transportation, and other routine expenses not directly tied to an individualized education program. Costs shall be calculated to include any medicaid-eligible reimbursements.

(b) "High-needs student" means a student with a disability whose individualized education program-related costs exceed thirty thousand dollars ($30,000). Costs shall be directly tied to special education mandated by an individualized education program and not covered by other funding sources, including school-based medicaid.

(c) "Individualized education program" means a program developed to ensure that a student with a disability receives specialized instruction and related services.

(d) "Local education agency" means school districts and independent public charter schools that are not part of a district.

(e) "Rural local education agency" means a rural school district or rural public charter school as those terms are described in section 33-319, Idaho Code.

(f) "Student with a disability" means a student of school age, pursuant to section 33-201, Idaho Code, with cognitive impairments, hearing loss, deafness, speech or language impairments, visual impairments, blindness, deaf-blindness, serious emotional disturbance, orthopedic impairments, severe or multiple disabilities, autism, traumatic brain injury, developmental delay, or specific learning disabilities who, by reason of the qualifying disability, requires special education and related services.

(2) There is hereby established in the state treasury the Idaho high-needs student fund to be administered by the state department of education.

(a) Moneys in the fund shall consist of the following:

(i) Legislative appropriations;

(ii) Donations and contributions made to the fund; and

(iii) Interest earned on idle moneys in the fund.

(b) Moneys in the fund shall be appropriated to provide additional financial support to local education agencies for the eligible costs related to educating high-needs students.

(c) Local education agencies may apply for reimbursement for any high-needs student on an annual basis. The application shall require:

(i) A detailed list of eligible costs incurred to fulfill the requirements of an individualized education program;

(ii) An attestation to submit documentation demonstrating full transparency of eligible costs incurred that have not been reimbursed with other sources of federal funding, including school-based medicaid; and

(iii) Any other documentation requested by the state department of education.

(3) Upon approval by the state department of education of a local education agency's application, the local education agency shall be eligible to receive reimbursement for eligible costs as follows:

(a) Up to one hundred percent (100%) of costs above thirty thousand dollars ($30,000), capped at eighty thousand dollars ($80,000);

(b) Up to eighty percent (80%) of costs above eighty thousand dollars ($80,000); and

(c) A maximum reimbursement of one hundred thousand dollars ($100,000) per student.

(4)(a) The full amount of any approved application shall be subject to the following conditions:

(i) Up to sixty percent (60%) of the amount in the Idaho high-needs student fund as of July 1 of the current fiscal year shall be reserved for non-rural local education agencies;

(ii) Up to forty percent (40%) of the amount in the Idaho high-needs student fund as of July 1 of the current fiscal year shall be reserved for rural local education agencies;

(iii) For those applications received by June 1 of the current fiscal year, the state department of education shall pay the approved amount if such amount is within the estimated total fund balance; and

(iv) If the total fund balance is not sufficient to pay all approved applications, the state department of education shall authorize a proportionate amount to be paid to each local education agency on a pro-rata basis.

(b) Any remaining funds set aside pursuant to paragraph (a)(ii) of this subsection as of July 1 of the current fiscal year shall be made available to non-rural local education agencies.

(5) Any funds received by a local education agency pursuant to this section shall be subject to the state department of education's system for public school budgeting, accounting, and reporting to provide full transparency and accountability and to avoid duplicative reimbursement.

(6) Beginning in fiscal year 2028, by January 5 of each year, the state department of education shall report to the governor, the senate education committee, the house of representatives education committee, and the state board of education:

(a) The total moneys in the Idaho high-needs student fund in the current fiscal year and the prior fiscal year;

(b) The number of applicants to the Idaho high-needs student fund in the current fiscal year and the prior fiscal year;

(c) The amount of funds awarded in the current fiscal year and the prior fiscal year and what goods and services were reimbursed; and

(d) Other matters concerning the program that are:

(i) Considered relevant by the state department of education; or

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

History:

[33-1016, added 2026, ch. 234, sec. 1, p. 1014.]
Idaho Code § 33-2005 — Idaho Code / Title 33 / Chapter 20 / Section 33-2005
33-2005 ADDITIONAL DISBURSEMENT.
Status: in_force

33-2005. Additional disbursement. School districts which identify and provide appropriate services to students with serious emotional disturbances at a high incidence level shall be eligible for an additional disbursement from state general funds. The state department of education shall determine the eligibility of school districts and the amount of additional disbursements. This determination shall be made in an equitable fashion and shall be limited by legislative appropriations.

History:

[33-2005, added 1996, ch. 133, sec. 3, p. 458.]
Idaho Code § 33-519 — Idaho Code / Title 33 / Chapter 5 / Section 33-519
33-519 RELEASE FOR RELIGIOUS INSTRUCTION.
Status: in_force

33-519. Release for religious instruction. Upon application of his parent or guardian, or, if the student has attained the age of eighteen (18) years, upon application of the student, a student attending a public school in grades nine (9) through twelve (12) may be excused from school for a period not exceeding five (5) periods in any week or not exceeding one hundred sixty-five (165) hours per student during any one (1) school year for religious or other purposes. Release time pursuant to this section shall be scheduled by the board of trustees upon application as provided herein and the board shall have reasonable discretion over the scheduling and timing of the release time. Release time pursuant to this section shall not reduce the minimum graduation requirements for accredited Idaho high schools. The provisions of this section shall not be deemed to authorize the use of any public school facility for religious instruction. The board of trustees of a school district may not authorize the use of, and public school facilities, personnel or equipment may not be utilized, to maintain attendance records for the benefit of release time classes for religious instruction. No credit shall be awarded by the school or school district for completion of courses during release time for religious purposes. At the discretion of the board credit may be granted for other purposes.

History:

[33-519, added 1991, ch. 250, sec. 1, p. 618; am. 2010, ch. 180, sec. 1, p. 370.]
Idaho Code § 33-207 — Idaho Code / Title 33 / Chapter 2 / Section 33-207
33-207 PROCEEDINGS AGAINST PARENTS OR GUARDIANS.
Status: in_force

33-207. Proceedings against parents or guardians. (1) Whenever the parents or guardians of any child between the ages of seven (7) years, as qualified in section 33-202, Idaho Code, and sixteen (16) years, have failed, neglected or refused to place the child in school as provided in this chapter or to have the child instructed as defined in section 33-202, Idaho Code, or knowingly have allowed a pupil to become an habitual truant, proceedings shall be brought against such parent or guardian under the provisions of the juvenile corrections act or as otherwise provided in subsection (2) of this section.

(2) Whenever it is determined by the board of trustees of any school district that a child enrolled in public school is an habitual truant, as defined in section 33-206, Idaho Code, an authorized representative of the board shall notify in writing the prosecuting attorney in the county of the child's residence. Proceedings may be brought directly against any parent or guardian of a public school pupil who is found to have knowingly allowed such pupil to become an habitual truant, and such parent or guardian shall be guilty of a misdemeanor.

(3) Whenever it is determined by the board under provisions providing due process of law for the student and his or her parents that the parents or guardians of any child not enrolled in a public school are failing to meet the requirements of section 33-202, Idaho Code, an authorized representative of the board shall notify in writing the prosecuting attorney in the county of the pupil's residence and recommend that a petition shall be filed in the magistrates division of the district court of the county of the pupil's residence, in such form as the court may require under the provisions of section 20-510, Idaho Code.

History:

[33-207, added 1963, ch. 13, sec. 30, p. 27; am. 2004, ch. 23, sec. 5, p. 28; am. 2005, ch. 60, sec. 2, p. 217; am. 2009, ch. 103, sec. 3, p. 319.]
Idaho Code § 33-1026 — Idaho Code / Title 33 / Chapter 10 / Section 33-1026
33-1026 MANDATORY PUBLIC SCHOOL FUNDING FORMULA REVIEW.
Status: in_force

33-1026. mandatory public school funding formula review. The senate and house of representatives education committees shall conduct a comprehensive review of the public school funding formula at least once every five (5) years, with the first such review to occur by July 1, 2024.

History:

[33-1026, added 2019, ch. 328, sec. 4, p. 975.]
Idaho Code § 33-1003A — Idaho Code / Title 33 / Chapter 10 / Section 33-1003A
33-1003A CALCULATION OF AVERAGE DAILY ATTENDANCE.
Status: in_force

33-1003A. Calculation of average daily attendance. In computing the average daily attendance the entire school year shall be used except that the twenty-eight (28) weeks having the highest average daily attendance, not necessarily consecutive, may be used. When a school is closed, or if a school remains open but attendance is significantly reduced because of storm, flood, failure of the heating plant, loss or damage to the school building, quarantine or order of any city, county or state health agency, or for reason believed by the board of trustees to be in the best interests of the health, safety or welfare of the pupils, the board of trustees having certified to the state department of education the cause and duration of such closure or impacted attendance, the average daily attendance for such day or days of closure or impacted attendance shall be considered as being the same as for the days when the school actually was in session or when attendance was not impacted. A decision by the state department to disallow such a consideration shall be subject to appeal to the state board of education.

For illness or accident that necessitates an absence from school for more than ten (10) consecutive school days, the school district may include homebound students in its total attendance, provided that academic instruction has been given by appropriate certified professional staff employed by the district.

History:

[33-1003A, added 1995, ch. 306, sec. 6, p. 1066.]
Idaho Code § 33-2506 — Idaho Code / Title 33 / Chapter 25 / Section 33-2506
33-2506 LIBRARY SERVICES IMPROVEMENT FUND — ESTABLISHED.
Status: in_force

33-2506. Library services improvement fund — Established. (1) Policy. The state of Idaho recognizes its responsibility to provide library services to people in all areas of the state. The state acknowledges that the ability of each Idahoan to access information has a critical impact on the state's economic development, educational success, provision for an informed electorate, and overall quality of life. Realizing that libraries of all types and in all parts of the state must be able to interact and cooperate in order to respond to these informational needs, the state of Idaho hereby creates and establishes in the state treasury the library services improvement fund.

(2) Purpose. The purpose of the library services improvement fund is to further the development of library services for all the people of Idaho. Moneys in the library services improvement fund are appropriated to and may be expended by the board of library commissioners at any time for the purposes provided in this section.

(3) Appropriations and revenues. The library services improvement fund shall have paid into it such appropriations as may be provided or other moneys and donations described in section 33-2503, Idaho Code.

(4) Payments.

(a) All payments from the library services improvement fund shall be paid out in warrants drawn by the state controller upon presentation of proper vouchers from the commission for libraries. Pending payments out of the library services improvement fund, the moneys in the fund shall be invested by the state treasurer in the same manner as provided under section 67-1210, Idaho Code, with respect to idle moneys in the state treasury. Interest earned on the investments shall be returned to the library services improvement fund.

(b) No library entity is automatically entitled to receive any payments from the library services improvement fund. The board of library commissioners shall establish the criteria upon which actual need is to be determined in accordance with the purposes set forth in this section.

(c) Payments from the library services improvement fund may be used only for the purposes approved by the board of library commissioners. Funding decisions shall be solely within the discretion of the board of library commissioners.

History:

[33-2506, added 1998, ch. 57, sec. 2, p. 213; am. 1999, ch. 33, sec. 1, p. 69; am. 2006, ch. 235, sec. 8, p. 704.]
Idaho Code § 33-3304 — Idaho Code / Title 33 / Chapter 33 / Section 33-3304
33-3304 APPROPRIATION FOR THE DEPARTMENT OF EDUCATION AT IDAHO STATE UNIVERSITY.
Status: in_force

33-3304. Appropriation for the department of education at Idaho State University. Fifty percent (50%) of all the moneys that now are in or which may hereafter accrue to the normal school income fund are hereby appropriated and set apart for the support and maintenance of the department of education at Idaho State University, the same to be available for such purpose immediately upon their being credited to the fund. Should the legislature, by adoption of a concurrent resolution in both houses, approve a memorandum of understanding negotiated by the Idaho department of parks and recreation between the city of Albion and other public or private agencies interested in cooperative management of an Albion Normal School Field Institute within an Albion State Normal School state park complex, the percentage share for the department of education at Idaho State University shall be reduced from fifty percent (50%) to forty-seven percent (47%).

History:

[(33-3304) 1905, p. 393, sec. 4; R.C., sec. 17, subd. 66; compiled and reen. C.L., 43:3; C.S., sec. 1109; I.C.A., sec. 32-2703; am. 1947, ch. 100, sec. 15, p. 190; am. 1957, ch. 318, sec. 2, p. 678; am. 1971, ch. 43, sec. 3, p. 91; am. and redesig. 1994, ch. 222, sec. 3, p. 709; am. 1998, ch. 256, sec. 31, p. 838; am. 2026, ch. 35, sec. 15, p. 157.]
Idaho Code § 33-1401 — Idaho Code / Title 33 / Chapter 14 / Section 33-1401
33-1401 DEFINITIONS.
Status: in_force

33-1401. Definitions. For the purposes of tuition charges and payments, the following words and phrases shall have these meanings:

1. "District" means any public school district including specially chartered school districts.

2. "Residence" of a pupil means the residence of his parent or guardian.

3. "Home district" means the school district of the pupil's residence.

4. "Creditor district" means a district in which nonresident pupils are in attendance.

5. "Nonresident pupils" mean pupils attending schools in districts other than their home districts, or from other states.

6. "Debtor district" means the home district of nonresident pupils.

7. "Pupil" means a pupil in any grade, kindergarten through twelve (12).

8. "Elementary pupil," in the case of districts not giving instruction above grade eight (8), means any pupil. In all other districts it means any pupil in grades kindergarten through six (6).

9. "Secondary pupil" means, in the case of districts which give instruction beyond grade eight (8) any pupil in grades seven (7) through twelve (12).

10. "Guardian" means any person so designated by court order, or any person with whom the pupil is residing and making his home on a full-time basis, provided such person has in his possession a properly executed power of attorney for the care and custody of the pupil for a period of time not less than the balance of the school term.

History:

[33-1401, added 1963, ch. 13, sec. 72, p. 27; am. 1974, ch. 76, sec. 1, p. 1163; am. 1990, ch. 43, sec. 1, p. 67.]
Idaho Code § 33-514A — Idaho Code / Title 33 / Chapter 5 / Section 33-514A
33-514A ISSUANCE OF LIMITED CONTRACT — CATEGORY 1 CONTRACT.
Status: in_force

33-514A. Issuance of limited contract — Category 1 contract. After August 1, or pursuant to section 33-507(3), Idaho Code, the board of trustees may exercise the option of employing certified personnel on a one (1) year limited contract, which may also be referred to as a category 1 contract consistent with the provisions of section 33-514, Idaho Code. Such a contract is specifically offered for the limited duration of the ensuing school year, and no further notice is required by the district to terminate the contract at the conclusion of the contract year.

History:

[33-514A, added 1997, ch. 125, sec. 1, p. 374; am. 2000, ch. 66, sec. 2, p. 150; am. 2014, ch. 252, sec. 2, p. 635.]
Idaho Code § 33-525 — Idaho Code / Title 33 / Chapter 5 / Section 33-525
33-525 ADVANCE ENROLLMENT FOR MILITARY DEPENDENTS.
Status: in_force

33-525. advance enrollment for military dependents. Each school district shall establish a process under which a child may enroll in or register for courses at a school in the school district, regardless of where such child resides at the time of enrollment or registration, if the child is a dependent of a member of the United States armed forces who has received transfer orders to a location in Idaho and will, upon such transfer, reside in the school district.

History:

[(33-525) 33-524, added 2020, ch. 64, sec. 1, p. 147; am. and redesig. 2021, ch. 321, sec. 14, p. 954.]
Idaho Code § 33-354 — Idaho Code / Title 33 / Chapter 3 / Section 33-354
33-354 INDEBTEDNESS — BOND ISSUES.
Status: in_force

33-354. Indebtedness — Bond issues. School subdistricts may incur debt and issue bonds for the same purposes as set forth in section 33-1102, Idaho Code. The governing body of a school subdistrict may submit to the qualified electors of the school subdistrict the question of whether the governing body of the school subdistrict shall be empowered to issue negotiable bonds of the school subdistrict in an amount and for a period of time to be named in the notice of election. Notice of the bond election shall be given, the election shall be conducted and the returns thereof canvassed and the qualifications of electors voting or offering to vote shall be as provided in title 34, Idaho Code. The question of the issuance of such bonds shall be approved only if the percentage of votes cast at such election were cast in favor thereof as that which is now, or may hereafter be, set by the constitution of the state of Idaho. All such bonds shall be authorized, issued and sold pursuant to the provisions of sections 33-1107 through 33-1121, Idaho Code. No bonds of a school subdistrict may be issued, however, if the issuance of such bonds would cause the percentage of market value for assessment purposes of taxable property within the boundaries of the school subdistrict represented by the aggregate outstanding indebtedness of the school subdistrict, when added to the percentage of the assessed valuation of taxable property represented by the aggregate outstanding indebtedness of the school district within which the school subdistrict lies, to exceed five percent (5%). As used in the preceding sentence hereof, "market value for assessment purposes," "aggregate outstanding indebtedness" and "issuance" shall have the same meanings as set forth in section 33-1103, Idaho Code. Upon the approval of the issuance of such bonds, the same may be issued by the governing body of the school subdistrict on behalf of the school subdistrict at any time within two (2) years from the date of such election. Wherever in title 34, Idaho Code, and in sections 33-1107 through 33-1121, Idaho Code, reference is made to "school district"; for purposes of this chapter it shall be deemed to refer to school subdistricts.

History:

[33-354, added 1986, ch. 61, sec. 1, p. 178; am. 2009, ch. 341, sec. 30, p. 1013; am. 2013, ch. 183, sec. 12, p. 440; am. 2014, ch. 260, sec. 1, p. 652.]
Idaho Code § 33-3005 — Idaho Code / Title 33 / Chapter 30 / Section 33-3005
33-3005 TITLE TO PROPERTY — ACQUIRING, SELLING OR EXCHANGING PROPERTY.
Status: in_force

33-3005. Title to property — Acquiring, selling or exchanging property. All rights and title to property, real or personal, belonging to or vested in the Idaho State University are hereby vested in its board of trustees and their successors. The board of trustees is empowered to acquire, by purchase or exchange, any property which in the judgment of the board is needful for the operation of the Idaho State University, and to dispose of, by sale or exchange, any property which in the judgment of the board is not needful for the operation of the said university.

History:

[33-3005, added 1963, ch. 12, sec. 5, p. 23.]
Idaho Code § 33-6601 — Idaho Code / Title 33 / Chapter 66 / Section 33-6601
33-6601 SHORT TITLE.
Status: in_force

33-6601. SHORT TITLE. This chapter shall be known and may be cited as "Coach Kennedy's Law."

History:

[33-6601, added 2023, ch. 239, sec. 1, p. 737.]
Idaho Code § 33-6504 — Idaho Code / Title 33 / Chapter 65 / Section 33-6504
33-6504 LOAN REPAYMENT ASSISTANCE — EDUCATIONAL EXPENSES REIMBURSEMENT — ELIGIBILITY AND AWARD CRITERIA.
Status: in_force

33-6504. LOAN REPAYMENT ASSISTANCE — EDUCATIONAL EXPENSES REIMBURSEMENT — ELIGIBILITY AND AWARD CRITERIA. (1) Loan repayment assistance or the reimbursement of eligible education expenses may be provided on behalf of a rural and underserved educator who:

(a) Is employed in a school identified pursuant to section 33-6503, Idaho Code;

(b) Has a signed contract with such school; and

(c) Has an educational loan that is not in default and that has a minimum unpaid current balance of at least one thousand dollars ($1,000) or has at least one thousand dollars ($1,000) in eligible education expenses at the time of application; or

(d) Has eligible education expenses that may be reimbursed pursuant to this chapter.

(2) To qualify for loan repayment assistance or education expense reimbursement under this chapter, a rural and underserved educator shall submit an application to the state board of education. For loan repayment applications, the application must include official verification or proof of the applicant's total unpaid accumulated educational loan debt and any other documentation as required by the state board of education for verification of the applicant's eligibility.

(3) A rural and underserved educator is eligible for loan repayment assistance or eligible educational expenses for up to four (4) years, provided that the educator remains employed at the same school or by the same school district. The state board of education may remit payment of the loan on behalf of the rural and underserved educator in accordance with the requirements of this chapter and rules promulgated by the state board of education.

(4) The total incentive award shall be:

(a) One thousand five hundred dollars ($1,500) for the first year;

(b) Two thousand five hundred dollars ($2,500) for the second year;

(c) Three thousand five hundred dollars ($3,500) for the third year; and

(d) Four thousand five hundred dollars ($4,500) for the fourth year.

History:

[33-6504, added 2022, ch. 227, sec. 1, p. 746.]
Idaho Code § 33-3732 — Idaho Code / Title 33 / Chapter 37 / Section 33-3732
33-3732 MEDICAL EDUCATION.
Status: in_force

33-3732. MEDICAL EDUCATION. (1) Beginning with the 2026-2027 academic year, the number of slots reserved for Idaho medical education students supported by Idaho state funds at a medical education program other than the Washington, Wyoming, Alaska, Montana, Idaho (WWAMI) regional medical education program, as determined by the state board of education, shall be increased by ten (10) students per incoming class each academic year, until the incoming class size reaches thirty (30) students. For all but twenty (20) of the non-WWAMI students per incoming class, all of the medical education coursework and a majority of the clinical medical education placements shall be physically located in the state of Idaho.

(2) Beginning with the 2027-2028 academic year, the number of incoming class slots reserved for Idaho medical education students supported by Idaho state funds in the WWAMI medical education program may be decreased by at least ten (10) students pursuant to the provisions of subsection (3) of this section.

(3) Pursuant to the provisions of subsections (1) and (2) of this section, there shall be created a working group to develop a medical education plan for the state of Idaho supporting both allopathic and osteopathic education. The working group shall consist of not more than nine (9) members. Two (2) members of the working group shall be members of the legislature. Of the legislative members, one (1) shall be a member of the house of representatives appointed by the speaker of the house of representatives and one (1) shall be a member of the senate appointed by the president pro tempore of the senate. One (1) member shall be appointed by the Idaho college of osteopathic medicine. One (1) member shall be appointed by Idaho state university. One (1) member shall be appointed by the university of Idaho. Any other members shall be appointed by the state board of education. The medical education plan developed by the working group shall be delivered to the governor and the legislature by no later than January 2, 2026, and shall:

(a) Address how the plan for undergraduate medical education will reduce the physician shortage in Idaho, in conjunction with graduate medical education;

(b) Ensure the quality of medical education programs for Idaho students;

(c) Maximize the amount of Idaho medical education funds that are spent in Idaho;

(d) Maximize the number of clinical medical education placements located in and managed by the state of Idaho;

(e) Maximize the number of medical residency placements located in Idaho;

(f) Minimize conflicts with medical education program partners; and

(g) Minimize conflicts in delivering medical education coursework and clinical medical education placements to students enrolled in different medical education programs.

History:

[(33-3733) 33-3732, added 2025, ch. 70, sec. 2, p. 330.]
Idaho Code § 33-509 — Idaho Code / Title 33 / Chapter 5 / Section 33-509
33-509 DUTIES OF THE TREASURER.
Status: in_force

33-509. Duties of the treasurer. The treasurer elected by the board of trustees of a school district shall have such duties as the board may prescribe. The treasurer shall be placed under fidelity bond issued by a surety company authorized to do business in the state of Idaho, in such amount as the board of trustees may from time to time determine, or under personal bond equal to twice such determined amount with at least two (2) sureties who each shall qualify as in the case of sureties on the bonds of county officers.

The county treasurer of the home county of any elementary school district with less than six (6) teachers within the district shall serve as treasurer of such district, if requested to do so by the school district board of trustees.

The treasurer shall account for the deposit of all moneys of the district in accordance with the provisions of the public depository law, chapter 1, title 57, Idaho Code.

History:

[33-509, added 1963, ch. 13, sec. 59, p. 27; am. 1978, ch. 103, sec. 2, p. 211; am. 1988, ch. 70, sec. 1, p. 101; am. 1988, ch. 77, sec. 2, p. 132.]
Idaho Code § 33-4407 — Idaho Code / Title 33 / Chapter 44 / Section 33-4407
33-4407 ELIGIBLE TYPES OF EMPLOYMENT.
Status: in_force

33-4407. Eligible types of employment. Students may be employed either on-campus or off-campus at eligible accredited institutions of higher education, subject to the limitations expressed in this chapter. Employing organizations and agencies must be responsible and must have professional supervision. Discrimination by employers on the bases of sex, race, color, age, religion, national origin, marital status or disability is prohibited.

Generally, employment which is allowable under the federal college work study program is also allowable under the Idaho program. This applies to both on-campus and off-campus employment, except that off-campus jobs for the program must be within Idaho. Likewise, employment which is not allowable under federal regulations is not eligible under the Idaho program.

Opinions from federal officials as to the legitimacy of a particular job under the federal college work study program may be assumed to be applicable to the Idaho program. However, approval to use Idaho program funds for particular jobs should not be construed as permission to institutions to use federal work-study funds to employ students in such jobs.

The financial aid office at the institution is responsible for ensuring that disbursements are made only for work performed in accordance with the written job description, with adequate supervision, and with proper documentation for the hours worked.

History:

[33-4407, added 1989, ch. 124, sec. 1, p. 275; am. 1990, ch. 95, sec. 5, p. 201; am. 2010, ch. 235, sec. 17, p. 556.]
Idaho Code § 33-123 — Idaho Code / Title 33 / Chapter 1 / Section 33-123
33-123 EDUCATION FOR INMATES UNDER JURISDICTION OF DEPARTMENT OF CORRECTION.
Status: in_force

33-123. Education for inmates under jurisdiction of department of correction. The state board for career technical education, in cooperation with the state board of correction, shall have prepared suitable courses of study, including career technical training, for prisoners held under the jurisdiction of the department of correction, and the state board of correction shall make arrangements carrying into effect all provisions for the education of prisoners who are under the jurisdiction of the department of correction to the extent possible within the limits of moneys appropriated by the state legislature. Such educational opportunities shall be limited to those inmates who have a need, such need to be determined by the staff of the department of correction, and can benefit from training, and those inmates whose degree of custody classification allows participation in the classroom environment provided.

History:

[33-123, added 1963, ch. 13, sec. 23, p. 27; am. 1982, ch. 64, sec. 1, p. 127; am. 1999, ch. 329, sec. 1, p. 854; am. 2009, ch. 28, sec. 1, p. 80; am. 2016, ch. 25, sec. 6, p. 39.]
Idaho Code § 33-3717C — Idaho Code / Title 33 / Chapter 37 / Section 33-3717C
33-3717C WAIVING FEES OR TUITION FOR CERTAIN NONRESIDENT STUDENTS.
Status: in_force

33-3717C. Waiving fees or tuition for certain nonresident students. (1) Notwithstanding any other provision of law the state board of education and the board of regents of the university of Idaho may determine when to grant a full or partial waiver of fees or tuition charged to nonresident students pursuant to reciprocal agreements with other states. In making this determination, the state board of education and the board of regents of the university of Idaho shall consider the potential of the waiver to:

(a) Enhance educational opportunities for Idaho residents;

(b) Promote mutually beneficial cooperation and development of Idaho communities and nearby communities in neighboring states;

(c) Contribute to the quality of educational programs; and

(d) Assist in maintaining the cost effectiveness of auxiliary operations in Idaho institutions of higher education.

(2) Consistent with the determinations made pursuant to subsection (1) hereof, the state board of education and the board of regents of the university of Idaho may enter into agreements with other states to provide for a full or partial reciprocal waiver of fees or tuition charged to students. Each agreement shall provide for the numbers and identifying criteria of students, and shall specify the institutions of higher education that will be affected by the agreement.

(3) The state board of education and the board of regents of the university of Idaho shall establish policy guidelines for the administration by the affected Idaho institutions of any tuition waivers authorized under this section, for evaluating applicants for such waivers, and for reporting the results of the reciprocal waiver programs authorized in this section.

(4) A report and financial analysis of any waivers authorized under this section shall be submitted annually to the legislature as part of the budget recommendations of the state board of education and the board of regents of the university of Idaho for the system of higher education in this state.

History:

[(33-3717C) 33-3717A, added 1982, ch. 256, sec. 1, p. 667; am. 1986, ch. 32, sec. 1, p. 103; am. and redesig. 2005, ch. 210, sec. 5, p. 630.]
Idaho Code § 33-1613A — Idaho Code / Title 33 / Chapter 16 / Section 33-1613A
33-1613A EXPENDITURES TO ABATE UNSAFE OR UNHEALTHY CONDITIONS.
Status: in_force

33-1613A. Expenditures to abate unsafe or unhealthy conditions. Expenditures to abate unsafe or unhealthy conditions in public school facilities are ordinary and necessary expenses authorized by the general laws of this section within the meaning of section 3, article VIII, of the constitution of the state of Idaho. The general laws of this state authorizing such expenditures include, but are not limited to: the laws relating to expenditures of proceeds of a school district's sale of real or personal property pursuant to chapter 6, title 33, Idaho Code; a school district's collection and expenditure of levies provided by chapter 9, title 33, Idaho Code; a school district's expenditures of state funds provided under the foundation program of chapter 10, title 33, Idaho Code; a school district's expenditures of bond proceeds under chapter 11, title 33, Idaho Code; a school district's expenditures for providing safe transportation pursuant to chapter 15, title 33, Idaho Code; a school district's expenditures of proceeds of loans or grants procured pursuant to section 33-1613, Idaho Code, including previous amendments of section 33-1613, Idaho Code; and a school district's expenditures of forest reserve and mining impact funds pursuant to chapter 13, title 57, Idaho Code. The definitions contained in section 33-1613, Idaho Code, apply to this section.

History:

[33-1613A, added 2003, ch. 270, sec. 2, p. 721.]
Idaho Code § 33-4601A — Idaho Code / Title 33 / Chapter 46 / Section 33-4601A
33-4601A RULEMAKING AUTHORITY.
Status: in_force

33-4601A. RULEMAKING AUTHORITY. The state board of education may promulgate rules to implement the provisions of this chapter.

History:

[33-4601A, added 2016, ch. 374, sec. 1, p. 1091.]
Idaho Code § 33-4409 — Idaho Code / Title 33 / Chapter 44 / Section 33-4409
33-4409 RECORD KEEPING REQUIREMENTS.
Status: in_force

33-4409. Record keeping requirements. The institution office responsible for student referral and placement must maintain written job descriptions which include rates of pay, or ranges of pay, for each position for which program funds are used. The job descriptions shall be reviewed and updated on an annual basis.

Written records shall be maintained for all employment referrals, indicating acknowledgment of the hiring party that the student has been given the position, or reasons why the student was not hired.

Written records showing the time worked must be maintained for all program employees, and must be signed by the student and supervisor, and submitted on at least a monthly basis.

History:

[33-4409, added 1989, ch. 124, sec. 1, p. 275.]
Idaho Code § 33-1034 — Idaho Code / Title 33 / Chapter 10 / Section 33-1034
33-1034 EMPOWERING PARENTS GRANT PROGRAM FUND.
Status: in_force

33-1034. EMPOWERING PARENTS GRANT PROGRAM FUND. [EFFECTIVE UNTIL JULY 1, 2028] (1) There is hereby established in the state treasury the empowering parents grant program fund, to be administered by the board. Moneys in the fund shall:

(a) Consist of the following:

(i) Legislative appropriations;

(ii) Donations and contributions made to the fund; and

(iii) Interest earned on idle moneys in the fund;

(b) Be continuously appropriated for the purpose described in subsection (3) of this section; and

(c) Be used to pay grants awarded under the empowering parents grant program.

(2) On June 20, 2028, and by no later than June 30, 2028, the state controller shall transfer the unobligated cash balance remaining in the empowering parents grant program fund into the general fund.

History:

[33-1034, added 2022, ch. 13, sec. 6, p. 32; am. 2025, ch. 328, sec. 7, p. 1353.]
Idaho Code § 33-128 — Idaho Code / Title 33 / Chapter 1 / Section 33-128
33-128 STATEMENT OF PUBLIC PURPOSE.
Status: in_force

33-128. Statement of public purpose. The Idaho constitution established a system of free common schools recognizing that "the stability of a republican form of government depends mainly upon the intelligence of the people." The legislature finds that there is a need for expanded educational experiences including a need for additional positive science education experiences for the youth of this state. The legislature finds that it is in the public interest to encourage science education opportunities through cooperative efforts with private nonprofit organizations offering science education programs.

History:

[33-128, added 1991, ch. 139, sec. 2, p. 331.]
Idaho Code § 33-5410 — Idaho Code / Title 33 / Chapter 54 / Section 33-5410
33-5410 UNCLAIMED ACCOUNTS.
Status: in_force

33-5410. Unclaimed accounts. (1) Except as set forth in this section, unclaimed accounts shall be subject to the provisions of chapter 5, title 14, Idaho Code.

(2) The date upon which the account owner is deemed to have last communicated that the owner is currently aware of his interest in the account shall not occur prior to the eighteenth birthday of the designated beneficiary.

(3) Upon receipt of a certificate of exemption from the state treasurer or his authorized agent or employee, the board may assume the responsibilities of the state treasurer under chapter 5, title 14, Idaho Code. Under a certificate of exemption, the board:

(a) Shall locate unclaimed accounts and refund the same to its rightful owner according to the provisions of chapter 5, title 14, Idaho Code, and the terms of the certificate of exemption.

(b) Shall retain the unclaimed account under the terms and provisions of the program.

(c) May maintain the investments selected by the account owner or establish an investment policy for all unclaimed accounts. The owner and designated beneficiary of an unclaimed account shall have no claim against the state or any agency or instrumentality of this state for retention of the account owner's investment selection or for compliance with an investment policy for unclaimed accounts.

(4) In the event the board fails to comply with the requirements of this section, the state treasurer may revoke the certificate of exemption, and the board shall transfer all unclaimed accounts and records to the state treasurer as required by chapter 5, title 14, Idaho Code.

History:

[33-5410, added 2008, ch. 275, sec. 5, p. 787; am. 2016, ch. 91, sec. 1, p. 281; am. 2024, ch. 27, sec. 6, p. 218.]
Idaho Code § 33-2609 — Idaho Code / Title 33 / Chapter 26 / Section 33-2609
33-2609 ANNUAL APPROPRIATIONS — CONTROL OF EXPENDITURES.
Status: in_force

33-2609. Annual appropriations — Control of expenditures. The board shall prepare and adopt an annual budget, stating anticipated revenues and expenditures, indicating what support and maintenance of the library will be required for review and approval by the city council for the ensuing year.

All funds for the library shall be in the custody of the city treasurer unless otherwise provided by city ordinance, and shall be used only for library purposes. The board shall have control of library expenditures. Money shall be paid for library purposes, only upon properly authenticated vouchers of the board of trustees. The board shall not make expenditures or incur indebtedness in any year in excess of the amount of money appropriated for library purposes. The board may hold a separate checking account to be used to pay petty expenses of the library. This account shall be audited along with other library funds.

History:

[33-2609, added 1993, ch. 186, sec. 10, p. 471.]
Idaho Code § 33-3011 — Idaho Code / Title 33 / Chapter 30 / Section 33-3011
33-3011 EXISTING STATUTES TO BE CONSTRUED.
Status: in_force

33-3011. Existing statutes to be construed. Wherever the name Academy of Idaho, Idaho Technical Institute, Southern Branch of the University of Idaho, or Idaho State College, shall appear in any statute, such statute hereby is amended to read Idaho State University as fully and completely as though the said name on said statute was specifically amended herein, and all such statutes shall be construed to refer to and mean the Idaho State University.

History:

[33-3011, added 1963, ch. 12, sec. 11, p. 23.]
Idaho Code § 33-2813 — Idaho Code / Title 33 / Chapter 28 / Section 33-2813
33-2813 COLLEGE OF AGRICULTURE.
Status: in_force

33-2813. College of agriculture. The action of the regents of the University of Idaho, in establishing and maintaining a college of agriculture in connection with the university at Moscow, and in accordance with an act of Congress, approved July 2, 1862, and known as the land grant act, as supplemented by an act of Congress for the more complete endowment and support of colleges of agriculture and mechanic arts, approved August 30, 1890, is a proper exercise of the lawful powers of the regents as set forth in the act creating the university, and the clauses of the state constitution confirming the same. And the said action of the regents in establishing and maintaining the said college of agriculture in accordance with said laws, is hereby expressly approved and confirmed.

History:

[(33-2813) 1909, p. 38; reen. C.L., sec. 496a; C.S., sec. 1066; I.C.A., sec. 32-2313.]
Idaho Code § 33-1639 — Idaho Code / Title 33 / Chapter 16 / Section 33-1639
33-1639 MOMENT OF SILENCE IN PUBLIC SCHOOLS.
Status: in_force

33-1639. moment of silence in public schools. (1) At or near the beginning of each school day, in all grades and in all Idaho public schools, teachers or school employees in charge of classrooms shall provide for a brief period of silence for a minimum of sixty (60) seconds with the participation of every pupil in the classroom. During such period, a student may, without interfering with or distracting another student, reflect, meditate, pray, or engage in another silent activity. During the period of silence, no other activities shall take place.

(2) Teachers or school employees shall require all pupils to remain silent and to make no distracting display so that each pupil may, in the exercise of the pupil's individual choice, reflect, meditate, pray, or engage in any other silent activity that does not interfere with, distract from, or impede other pupils' exercise of individual choice.

(3) Public school personnel are prohibited from providing instruction to any student regarding the nature of any reflection that a student may engage in during the period of silence, other than as provided in this section. A public school shall provide notification to parents and legal guardians including information on the period of silence provided in this section and shall encourage parents and legal guardians to provide guidance to pupils regarding such period.

History:

[33-1639, added 2026, ch. 62, sec. 1, p. 262.]
Idaho Code § 33-6501 — Idaho Code / Title 33 / Chapter 65 / Section 33-6501
33-6501 RURAL AND UNDERSERVED EDUCATOR INCENTIVE PROGRAM.
Status: in_force

33-6501. RURAL AND UNDERSERVED EDUCATOR INCENTIVE PROGRAM. A rural and underserved educator incentive program as set forth in this chapter shall be administered by the state board of education. The program shall provide for the direct repayment of educational loans of eligible educators or the reimbursement of eligible educational expenses such as additional degrees, advanced degrees, career technical certifications, or other educational expenses. The state board of education may promulgate rules to implement the provisions of this chapter.

History:

[33-6501, added 2022, ch. 227, sec. 1, p. 746.]
Idaho Code § 33-1114 — Idaho Code / Title 33 / Chapter 11 / Section 33-1114
33-1114 LEVY FOR LIQUIDATION OF BONDED INDEBTEDNESS.
Status: in_force

33-1114. Levy for liquidation of bonded indebtedness. Whenever it shall appear that the board of trustees of any school district has failed to certify to the board of county commissioners the levy required in section 33-802, Idaho Code, said board of county commissioners shall, in addition to all other levies set by them, set levies sufficient to meet all accruing bond, bond interest and judgment obligations of the district maturing during the year when such levies shall be collected and paid.

History:

[33-1114, added 1963, ch. 13, sec. 110, p. 27; am. 1979, ch. 254, sec. 13, p. 675; am. 1996, ch. 322, sec. 28, p. 1059.]
Idaho Code § 33-5508 — Idaho Code / Title 33 / Chapter 55 / Section 33-5508
33-5508 FUNDING.
Status: in_force

33-5508. Funding. (1) Funding for the infrastructure of the program shall be provided pursuant to section 33-1020, Idaho Code. The superintendent shall disburse the funds to the Idaho digital learning academy board of directors who shall use the moneys to develop courses and maintain operations of the academy.

(2) Additional funding for course offerings through the Idaho digital learning academy shall be added to the Idaho digital learning academy budget by charging fees to the school districts for student participation. These fees shall be established annually by the Idaho digital learning academy board of directors and shall reflect the various types of course offerings available. Fees for summer school and professional development offerings to students and adults shall also be established by the Idaho digital learning academy board of directors.

History:

[33-5508, added 2002, ch. 105, sec. 1, p. 288; am. 2003, ch. 306, sec. 3, p. 843; am. 2007, ch. 353, sec. 13, p. 1049.]
Idaho Code § 33-1208A — Idaho Code / Title 33 / Chapter 12 / Section 33-1208A
33-1208A REPORTING REQUIREMENTS AND IMMUNITY.
Status: in_force

33-1208A. Reporting requirements and immunity. The board of trustees of a school district, through its designee, shall, within ten (10) days of the date the employment is severed, report to the chief officer of teacher certification the circumstances and the name of any educator who is dismissed, resigns or is otherwise severed from employment for reasons that could constitute grounds for revocation, suspension or denial of a certificate.

Any person providing a report under the provisions of this section shall have immunity from any liability, civil or criminal, that may otherwise be incurred or imposed. Any such person shall have the same immunity with respect to participation in any administrative or judicial proceeding resulting from such report. Any person who reports in bad faith or with malice shall not be protected by the provisions of this section.

History:

[33-1208A, added 1992, ch. 223, sec. 2, p. 674.]
Idaho Code § 33-804 — Idaho Code / Title 33 / Chapter 8 / Section 33-804
33-804 SCHOOL PLANT FACILITIES RESERVE FUND LEVY.
Status: in_force

33-804. School plant facilities reserve fund levy. In any school district in which a school plant facilities reserve fund has been created, either by resolution of the board of trustees or by apportionment to new districts according to the provisions of section 33-901, Idaho Code, to provide funds therefor the board of trustees shall submit to the qualified school electors of the district the question of a levy not to exceed four-tenths of one percent (.4%) of market value for assessment purposes in each year, as such valuation existed on December 31 of the previous year, for a period not to exceed ten (10) years.

The question of a levy to be submitted to the electors of the district and the notice of such election shall state the dollar amount proposed to be collected each year during the period of years in each of which the collection is proposed to be made, the percentage of votes in favor of the proposal which are needed to approve the proposed dollar amount to be collected, and the purposes for which such funds shall be used. Said notice shall be given, the election shall be held subject to the provisions of section 34-106, Idaho Code, and conducted and the returns canvassed as provided in title 34, Idaho Code; and the dollar amount to be collected shall be approved only if:

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

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

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

If the question be approved, the board of trustees may make a levy, not to exceed four-tenths of one percent (.4%) of market value for assessment purposes as such valuation existed on December 31 of the previous year, in each year for which the collection was approved, sufficient to collect the dollar amount approved and may again submit the question at the expiration of the period of such levy, for the dollar amount to be collected during each year, and the number of years which the board may at that time determine. Or, during the period approved at any such election, if such period be less than ten (10) years or the levy be less than four-tenths of one percent (.4%) of market value for assessment purposes as such valuation existed on December 31 of the previous year, the board of trustees may submit to the qualified school electors in the same manner as before, the question whether the number of years, or the levy, or both, be increased, but not to exceed the maximum herein authorized. If such increase or increases be approved by the electors, the terms of such levy shall be in lieu of those approved in the first instance, but disapproval shall not affect any terms theretofore in effect.

Any bonded indebtedness incurred in accordance with the provisions of section 33-1103, Idaho Code, subsequent to the approval of a plant facilities reserve fund levy shall not affect the terms of that levy for any time during which such levy is in effect.

4. In any fiscal year in which the state department of education certifies that the statewide per support unit funding for salary-based apportionment and discretionary funds has decreased, in the aggregate, from the prior fiscal year, the board of trustees of any school district with a previously approved plant facilities levy may submit to the qualified electors of the school district the question of converting a previously approved plant facilities levy to a supplemental levy, subject to the following:

(a) The term of the supplemental levy shall not exceed the lesser of two (2) years or the remaining term on the previously approved plant facilities levy; and

(b) The first tax year of conversion shall be the one in which the revenues collected will accrue to the fiscal year in which the state department of education certifies that the condition stated in subsection 4. of this section exists; and

(c) Up to one hundred percent (100%) of the previously approved plant facilities levy amount may be converted; and

(d) Conversion of a plant facilities levy to a supplemental levy shall not affect any other supplemental levy; and

(e) The question to be submitted to the electors of the district and the notice of such election shall state the dollar amount proposed to be converted each year, the number of years to be converted, the percentage of the plant facilities levy that is proposed for conversion, and the purposes for which such funds shall be used; and

(f) Prior to January 1, 2011, the election notice shall be given, the election shall be conducted and the returns canvassed as provided in chapter 4, title 33, Idaho Code. On and after January 1, 2011, the election notice shall be given, the election shall be held subject to the provisions of section 34-106, Idaho Code, and conducted and the returns canvassed as provided in title 34, Idaho Code; and

(g) The dollar amount to be converted and collected shall be approved only if a majority of the electors voting in the election are in favor; and

(h) Upon expiration of the term of conversion, the supplemental levy shall revert to the previously approved plant facilities levy for any approved years remaining on the balance of its term; and

(i) Any years in which a previously approved plant facilities levy is converted to a supplemental levy pursuant to this subsection shall count against the years for which the plant facilities levy was approved; and

(j) If a majority of the electors voting in the election fail to vote in favor, the previously approved plant facilities levy shall not be affected.

History:

[33-804, added 1963, ch. 13, sec. 93, p. 27; am. 1970, ch. 115, sec. 1, p. 276; am. 1975, ch. 220, sec. 1, p. 612; am. 1979, ch. 254, sec. 3, p. 663; am. 1981, ch. 224, sec. 2, p. 435; am. 1987, ch. 256, sec. 4, p. 520; am. 1992, ch. 276, sec. 1, p. 850; am. 1994, ch. 299, sec. 1, p. 946; am. 1996, ch. 322, sec. 21, p. 1047; am. 2009, ch. 341, sec. 47, p. 1023; am. 2010, ch. 326, sec. 1, p. 863; am. 2010, ch. 326, sec. 2, p. 865; am. 2011, ch. 299, sec. 3, p. 854.]
Idaho Code § 33-3807 — Idaho Code / Title 33 / Chapter 38 / Section 33-3807
33-3807 DEPOSIT OF PROCEEDS OF BONDS.
Status: in_force

33-3807. Deposit of proceeds of bonds. No moneys derived from the sale of bonds of any institution or otherwise borrowed by such institution under the provisions of sections 33-3801—33-3813, shall be required to be paid into the state treasury but shall be deposited by the treasurer or other fiscal officer of the institution, subject to the public depository law. Such money shall be disbursed as may be directed by the board and in accordance with the terms of any agreements with the holder or holders of any bonds. This section shall not be construed as limiting the power of the institution to agree in connection with the issuance of any of its bonds as to the custody and disposition of the moneys received from the sale of such bonds or the income and revenue of the institution pledged and assigned to or in trust for the benefit of the holder or holders thereof.

History:

[33-3807, added 1935 (1st E.S.), ch. 55, sec. 7, p. 145; am. 1969, ch. 255, sec. 2, p. 787.]
Idaho Code § 33-6806 — Idaho Code / Title 33 / Chapter 68 / Section 33-6806
33-6806 FREE SPEECH EDUCATION FOR MEMBERS OF THE CAMPUS COMMUNITY.
Status: in_force

33-6806. free speech education for members of the campus community. Public institutions of higher education are required to make public in their handbooks, on their websites, and through their orientation programs for students the laws, policies, and expectations of students regarding free expression on campus consistent with this chapter.

History:

[33-6806, added 2025, ch. 194, sec. 1, p. 893.]
Idaho Code § 33-2737 — Idaho Code / Title 33 / Chapter 27 / Section 33-2737
33-2737 SCHOOL-COMMUNITY LIBRARY DISTRICTS.
Status: in_force

33-2737. School-community library districts. (a) The board of trustees of any school district in which is situated no incorporated city having a population in excess of one thousand (1,000), and in which no public library is maintained under any other provision of law, shall, upon petition of twenty (20) or more school district electors, submit to the school district electors of the district the question whether there shall be a public library established by the district for the benefit of the citizens thereof.

(b) The election on the question shall be held at the same time as the election of school district trustees, next following the filing of the petition, and notice shall be given, the election conducted, and the returns canvassed, as provided in chapter 4, title 33, Idaho Code.

(c) If a majority of the school district electors voting in the election vote in favor of the question a school-community library district shall be established.

(d) No new school-community library shall be established after June 30, 1994.

History:

[(33-2737) 1963, ch. 13, sec. 96, p. 27; am. 1975, ch. 105, sec. 2, p. 215; am. and redesignated 1992, ch. 275, sec. 1, p. 848; am. 1996, ch. 71, sec. 30, p. 234.]
Idaho Code § 33-3301A — Idaho Code / Title 33 / Chapter 33 / Section 33-3301A
33-3301A NORMAL SCHOOL EARNINGS RESERVE FUND.
Status: in_force

33-3301A. Normal school earnings reserve fund. (1) There is established in the state treasury the normal 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 fund shall consist of the following:

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

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

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

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

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

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

History:

[33-3301A, added 1998, ch. 256, sec. 27, p. 836.]
Idaho Code § 33-1027 — Idaho Code / Title 33 / Chapter 10 / Section 33-1027
33-1027 STUDENT ENROLLMENT COUNTS AND RULEMAKING.
Status: in_force

33-1027. student enrollment counts and rulemaking. The state board of education shall promulgate rules that set forth the procedures for determining student enrollment counts by school, school district, and statewide, and the process for reporting such counts. Such rules shall be consistent with the following:

(1) Full-time enrollment (FTE) shall be based on enrollment in any school district or public charter school;

(2) A student shall not exceed a total of one (1.0) unweighted FTE in a single school year, except as provided in subsection (4) of this section;

(3) A kindergarten student shall not exceed a total of one-half (0.5) unweighted enrollment in a single school year;

(4) A student attending a summer school or night school program shall not exceed a total of one-fourth (0.25) unweighted enrollment. Such student may be counted pursuant to both this subsection and subsection (2) of this section;

(5) A fractional enrollment count schedule shall be specified for any student enrolled less than one (1.0) FTE in a given school district or public charter school;

(6) FTE is based on the courses a student is enrolled in at the time of the official count, as specified in board rule, except that a student may be counted as enrolled if the term for which such student is enrolled begins after the time of the official count;

(7) Each school district or public charter school shall conduct an official count of enrolled students in the district or school on the first day of October, the first day of December, the first day of February, and the first day of April, or the previous school day if those dates do not fall on a school day; and

(8) A school district or public charter school shall not count as enrolled any student who has unexcused absences totaling eleven (11) or more consecutive school days immediately prior to and including the official count date.

(9) A school district or public charter school shall not count as enrolled any student who has unexcused absences for the first ten (10) consecutive days of the school year. If a student attends at a later date, the school district or public charter school may count the student as enrolled as of the date of attendance.

History:

[33-1027, added 2019, ch. 328, sec. 5, p. 975; am. 2026, ch. 175, sec. 1, p. 814.]
Idaho Code § 33-5308 — Idaho Code / Title 33 / Chapter 53 / Section 33-5308
33-5308 BACKUP LIQUIDITY ARRANGEMENTS.
Status: in_force

33-5308. Backup liquidity arrangements. (1) If, at the time the state is required to make a debt service payment under its guaranty on behalf of a school district, sufficient moneys of the state are not on hand and available for that purpose, the state treasurer shall gather sufficient funds to make the debt service payment by using one (1) or more of the following:

(a) Intercepting all or a portion of any payments from any source of operating moneys provided by the state to the school district that issued the bonds that would otherwise be paid to the school district by the state;

(b) Requesting the state controller transfer to the public school guarantee fund established by section 33-5309, Idaho Code, moneys from the state general fund established by section 67-1205, Idaho Code, representing sales tax receipts of the state in an amount not to exceed the scheduled debt service payment and using such funds to make all or a portion of the required payment;

(c) Issuing state notes, subject to the terms of section 33-5308A, Idaho Code; or

(d) Negotiating a voluntary loan from funds administered by the endowment fund investment board to make all or a portion of the required payment, provided that nothing in this subsection (1)(d) requires the endowment fund investment board to lend moneys to the state treasurer.

(2) The state has no obligation to the school district or to any person or entity to replace any moneys intercepted under the authority of this section. Any school district whose operating funds were intercepted pursuant to this section may replace those funds from other school district moneys or from property taxes, subject to the limitations provided in section 33-5307, Idaho Code.

(3) If the sources of funds set forth in subsection (1) of this section are insufficient to make a debt service payment and the school district bond is guaranteed by the credit enhancement program established pursuant to section 57-728, Idaho Code, the state treasurer shall make a request for the purchase of notes in the amount of the deficiency by the endowment fund investment board on behalf of the public school endowment as set forth in section 57-728, Idaho Code.

History:

[33-5308, added 1999, ch. 328, sec. 1, p. 846; am. 2010, ch. 295, sec. 3, p. 797.]
Idaho Code § 33-512A — Idaho Code / Title 33 / Chapter 5 / Section 33-512A
33-512A DISTRICT CURRICULAR MATERIALS ADOPTION COMMITTEES.
Status: in_force

33-512A. District curricular materials adoption committees. The board of trustees of each school district shall appoint a curricular materials adoption committee to advise the board on selection of curricular materials, as defined in section 33-118A, Idaho Code, for use within the schools of the district. Such a committee shall contain a membership at least one-half (1/2) of which is persons who are not public educators or school trustees and shall include parents of a child or children attending a school or schools within the school district. All meetings of the committee shall be open to the public and any member of the public may attend such a meeting and file written or make oral objections to any curricular materials under consideration. Each school district shall have on hand and available to the public the titles, authors and publishers of all curricular materials being used in the district. The public has the right to inspect the instructional materials, except students' tests, used in the district's schools.

History:

[33-512A, added 1986, ch. 302, sec. 3, p. 754; am. 1987, ch. 25, sec. 1, p. 34; am. 1998, ch. 88, sec. 4, p. 300; am. 2022, ch. 288, sec. 1, p. 919.]
Idaho Code § 33-6808 — Idaho Code / Title 33 / Chapter 68 / Section 33-6808
33-6808 REMEDIES.
Status: in_force

33-6808. remedies. (1) Subject to all provisions and limitations contained in the Idaho tort claims act, chapter 9, title 6, Idaho Code, any student or student organization may bring an action against a public institution of higher education and any of its employees, acting in their official capacities, for a violation of the student's or student organization's rights under this chapter.

(2) If a court in an action under this section finds that a public institution of higher education has violated the rights of a student or student organization under this chapter, the court may award:

(a) Injunctive relief;

(b) Compensatory damages not to exceed twenty-five thousand dollars ($25,000);

(c) Nominal damages;

(d) Reasonable court costs; and

(e) Attorney's fees.

History:

[33-6808, added 2025, ch. 194, sec. 1, p. 894.]
Idaho Code § 33-6002 — Idaho Code / Title 33 / Chapter 60 / Section 33-6002
33-6002 ANNUAL NOTICE OF PARENTAL RIGHTS.
Status: in_force

33-6002. annual notice of parental rights. School districts and the boards of directors of public charter schools shall annually notify a parent or guardian of a student enrolled in the school district or public charter school of the parent's or guardian's rights as specified in this chapter.

History:

[(33-6002) 33-5602, added 2016, ch. 143, sec. 1, p. 411; am. and redesig. 2017, ch. 58, sec. 15, p. 110.]
Idaho Code § 33-4302 — Idaho Code / Title 33 / Chapter 43 / Section 33-4302
33-4302 ARMED FORCES AND PUBLIC SAFETY OFFICER SCHOLARSHIPS.
Status: in_force

33-4302. armed forces and public safety officer scholarships.

(1)(a) The following individuals shall be eligible for the scholarship program provided for in this section:

(i) Any spouse or child of any Idaho resident who entered active service as an Idaho resident as indicated on a DD form 214 certificate of release or discharge from active duty and, while such service member is, or was if deceased, a resident of the state of Idaho:

1. Has been determined by the federal government to be a prisoner of war or missing in action; or

2. Died of, or is determined to be unemployable due to, injuries or wounds sustained during active duty or inactive duty training;

(ii) Any spouse or child of any member of the United States armed forces who is stationed in the state of Idaho on military orders and who:

1. Is deployed from the state of Idaho to any area of armed conflict in which the United States is a party and who has been determined by the federal government to be a prisoner of war or missing in action or has died of or is determined to be unemployable due to injuries or wounds sustained in action as a result of such deployment; or

2. Dies of, or is determined to be unemployable due to, injuries or wounds sustained during active duty or inactive duty training; and

(iii) Any spouse or child of a full-time or part-time public safety officer, as defined in paragraph (b) of this subsection, employed by or volunteering for the state of Idaho or for a political subdivision of the state of Idaho, which public safety officer is or was a resident of the state of Idaho at the time such officer was killed or totally and permanently disabled in the line of duty. The scholarship provided for in this section shall not be available unless it is determined that:

1. The death or disablement of the public safety officer occurred in the performance of the officer's duties;

2. The death or disablement was not caused by the intentional misconduct of the public safety officer or by such officer's intentional infliction of injury; and

3. The public safety officer was not voluntarily intoxicated at the time of death.

(b) As used in this section:

(i) "Active duty" means state active duty as defined in section 46-409, Idaho Code, or full-time duty with any of the United States armed forces.

(ii) "Inactive duty training" means training or maintenance activities prescribed, required, or authorized for military members that do not constitute active duty.

(iii) "Military member" means a member of the United States armed forces.

(iv) "Public safety officer" means a peace officer, a firefighter, or a paramedic, emergency medical responder, emergency medical technician, or advanced emergency medical technician as defined in section 46-903, Idaho Code.

(v) "United States armed forces" means the air force, army, coast guard, marine corps, navy, or space force, or the reserve component of any such service.

(vi) "Volunteering" means contributing services as a bona fide member of a legally organized law enforcement agency, fire department, or licensed emergency medical service provider organization.

(2)(a) To be eligible for the scholarship provided for in this section, a child of a military member or a public safety officer must be a resident of the state of Idaho and must have completed secondary school or its equivalent in the state of Idaho. A child already born, or born after a military member or public safety officer is determined to be imprisoned or missing in action, or dies or becomes totally and permanently disabled, shall be eligible for this scholarship.

(b) To be eligible for the scholarship provided for in this section, the spouse of a military member or public safety officer must be a resident of the state of Idaho and must have been married to such person at the time the military member or public safety officer was determined to be imprisoned or missing in action or died or became totally and permanently disabled. However, in the situation of disability, the spouse must be currently married to such person.

(3) An eligible individual who applies for the scholarship provided for in this section shall, after verification of eligibility, receive the scholarship and be admitted to attend undergraduate studies at any public institution of higher education or public career technical college within the state of Idaho without the necessity of paying tuition and fees therefor; such student shall be provided with books, equipment, and supplies necessary for pursuit of such program of enrollment not to exceed seven hundred fifty dollars ($750) per quarter, semester, intensified semester, or like educational period; and such student shall be furnished on-campus institution housing and subsistence for each month he or she is enrolled full-time under this program and actually resides in such on-campus facility. However, such undergraduate educational benefits shall not exceed a total of thirty-six (36) months or four (4) nine (9) month periods. Effective July 1, 2022, the initiation of such educational benefits shall extend for a period of nineteen (19) years after achieving a high school diploma or its equivalency or for a period of ten (10) years after the event giving rise to the eligibility for the scholarship, whichever is longer.

(4) The eligible individual shall meet such other educational qualifications as such institution of higher education or career technical college has established for other prospective students of this state, as well as any additional educational qualifications established by the state board of education and board of regents of the university of Idaho.

(5) Application for eligibility under this section shall be made to the state board of education and the board of regents of the university of Idaho or the state board for career technical education. The board shall verify the eligibility of the applicant and communicate such eligibility to such person and the affected institution or college.

(6) Affected institutions shall in their preparation of future budgets include costs resultant from such tuition, fee, book, equipment, supply, housing and subsistence loss for reimbursement from appropriations of state funds.

(7) For purposes of this section, a member of the United States armed forces is considered unemployable if at the time of application:

(a) The United States department of veterans affairs has made a determination of individual unemployability; or

(b) The United States social security administration has made or recognized a determination of total and permanent disability, and the determination is based on injuries or wounds sustained during active duty or inactive duty training.

(8) For the purposes of this section, a public safety officer is considered totally and permanently disabled if at the time of application a current disability determination made by the public employee retirement system of Idaho is in effect with respect to such individual.

(9) The state board of education and board of regents of the university of Idaho may adopt rules to implement and administer the scholarship program provided for in this section.

History:

[33-4302, added 1972, ch. 393, sec. 2, p. 1136; am. 1991, ch. 90, sec. 1, p. 204; am. 1999, ch. 329, sec. 36, p. 878; am. 2002, ch. 276, sec. 1, p. 809; am. 2005, ch. 326, sec. 1, p. 1017; am. 2007, ch. 95, sec. 1, p. 277; am. 2008, ch. 185, sec. 1, p. 557; am. 2012, ch. 178, sec. 1, p. 467; am. 2013, ch. 72, sec. 3, p. 183; am. 2016, ch. 32, sec. 1, p. 77; am. 2022, ch. 28, sec. 1, p. 82; am. 2022, ch. 29, sec. 1, p. 84; am. 2023, ch. 218, sec. 6, p. 609; am. 2023, ch. 260, sec. 1, p. 779; am. 2025, ch. 94, sec. 22, p. 466.]
Idaho Code § 33-2605 — Idaho Code / Title 33 / Chapter 26 / Section 33-2605
33-2605 BOARD OF TRUSTEES — VACANCIES — REMOVAL.
Status: in_force

33-2605. Board of trustees — Vacancies — Removal. The board shall report all vacancies to the council within five (5) working days. All such appointments shall be made in the same manner as appointments are originally made. Appointments to complete an unexpired term shall be for the remainder of the term only.

Any trustee may be removed by the city council by the unanimous vote of all of its members.

History:

[33-2605, added 1993, ch. 186, sec. 6, p. 469.]
Idaho Code § 33-402 — Idaho Code / Title 33 / Chapter 4 / Section 33-402
33-402 NOTICE REQUIREMENTS.
Status: in_force

33-402. Notice requirements. (1) Notice of annual meeting of elementary school districts as provided for in section 33-510, Idaho Code, and of intent to discontinue a school, as provided for in section 33-511, Idaho Code, and annual budget hearing as provided for in section 33-801, Idaho Code, shall be given by posting for not less than ten (10) days, and publishing once in a newspaper as provided in section 60-106, Idaho Code, published within the district, or, if there be none, then in a newspaper as provided in section 60-106, Idaho Code, published in the county in which such district lies. If more than one (1) newspaper is printed and published in said district or county, then in the newspaper most likely to give best general notice of the election within said district; provided that if no newspaper is published in the said district or county, then in a newspaper as provided in section 60-106, Idaho Code, most likely to give best general notice of the election within the district. If a financial emergency has been declared pursuant to section 33-522, Idaho Code, the notice of annual meeting and the notice of the annual budget hearing shall be posted pursuant to subsection (2) of this section, for not less than five (5) days, and by such further notice as shall provide reasonable notice to the patrons of the school district if publication in a newspaper is not feasible.

(2) Notices calling for bids for the acquisition, use, or disposal of real and personal property as provided for in section 33-601, Idaho Code, and contracting for transportation services as provided for in section 33-1510, Idaho Code, shall be given in a newspaper of general circulation as required by chapter 1, title 60, Idaho Code, except that the notice for contracting for transportation services shall be made not less than four (4) weeks before the date of opening bids.

(3) Proof of posting notice shall be upon the affidavit of the person posting the same; and proof of publication shall be upon the affidavit of the publisher of the newspaper or newspapers respectively. Such affidavits shall be filed with the board by the clerk responsible for the posting and the publishing of said notice.

History:

[(33-402) 1963, ch. 13, sec. 45, p. 27; am. 1972, ch. 93, sec. 1, p. 203; am. 1978, ch. 65, sec. 1, p. 131; am. 1979, ch. 130, sec. 1, p. 401; am. and redesignated 1982, ch. 60, sec. 2, p. 108; am. 1985, ch. 235, sec. 1, p. 558; am. 1992, ch. 187, sec. 1, p. 581; am. 1997, ch. 40, sec. 1, p. 75; am. 2005, ch. 213, sec. 4, p. 638; am. 2007, ch. 166, sec. 1, p. 494; am. 2009, ch. 171, sec. 1, p. 541; am. 2009, ch. 341, sec. 32, p. 1014; am. 2011, ch. 151, sec. 15, p. 426.]
Idaho Code § 33-1810 — Idaho Code / Title 33 / Chapter 18 / Section 33-1810
33-1810 RULEMAKING AUTHORITY.
Status: in_force

33-1810. rulemaking authority. The state board of education may promulgate rules for the implementation of this chapter.

History:

[33-1810, added 2021, ch. 292, sec. 5, p. 880.]
Idaho Code § 33-1607 — Idaho Code / Title 33 / Chapter 16 / Section 33-1607
33-1607 AMERICANIZATION EDUCATION OF ADULTS.
Status: in_force

33-1607. Americanization education of adults. The board of trustees of any school district is authorized to provide instruction for Americanization of adult residents of the state, including classes in reading, writing and speaking the English language; the principles of the Constitution of the United States, American history, and such other subjects as deemed desirable for making, of such adults, better American citizens. The expense of such instruction shall be a lawful charge against the maintenance and operation funds of the district.

History:

[33-1607, added 1963, ch. 13, sec. 182, p. 27.]
Idaho Code § 33-1228 — Idaho Code / Title 33 / Chapter 12 / Section 33-1228
33-1228 SEVERANCE ALLOWANCE AT RETIREMENT.
Status: in_force

33-1228. Severance allowance at retirement. (1) Upon separation from public school employment by retirement in accordance with chapter 13, title 59, Idaho Code, an employee's unused sick leave shall be determined based on accumulated sick leave earned subsequent to July 1, 1976, as provided by section 33-1218, Idaho Code, and shall be reported by the employer to the Idaho public employee retirement system. A sum equal to one-half (1/2) of the monetary value of such unused sick leave, calculated at the rate of pay for such employee during the employee's highest year of salary used in the average monthly salary, as determined by the retirement board, shall be transferred from the sick leave account provided by subsection (3) of this section and shall be credited to such employee's retirement account. Such sums shall be used by the retirement board to continue to pay, subject to applicable federal tax limits:

(a) Premiums for the retiree and the retiree's dependents at the rate for the active employee's group health, long-term care, vision, prescription drug and dental insurance programs as maintained by the employer for the active employees until the retiree and/or the retiree's spouse becomes eligible for medicare at which time the district shall make available a supplemental program to medicare for the eligible individual. Upon the death of the retiree, the surviving spouse's health coverage shall be available and continued under the same terms and conditions as the retiree. Coverage may be continued for the retiree's surviving dependent spouse and dependents until remarriage of the spouse or until the retiree's surviving dependent spouse is eligible for a group health program by an employer. The medicare supplement program will provide the same premium and benefits for all retirees of all the employers served by the same insurance carrier. However, a school district may make available to all retirees from that district other benefits in addition to the medicare supplement program, and the retiree or the district shall pay for such additional benefits.

(b) Premiums at the time of retirement for the retiree for the life insurance program maintained by the employer which may be reduced to a minimum of five thousand dollars ($5,000) of coverage.

(2) The retiree may continue to pay the premiums for the health, accident, dental and life insurance to the extent of the funds credited to the employee's account pursuant to this section, and when these funds are expended, the premiums may be deducted from the retiree's allowance. Upon a retiree's death, any unexpended sums remaining in the retiree's account shall revert to the sick leave account. If funds are not available for payment by the Idaho public employee retirement system from the retiree's surviving dependent spouse's allowance, the insurance carrier shall implement a direct billing procedure to permit the retiree's surviving spouse to continue coverage.

(3) Each employer shall contribute to a sick leave account maintained by the public employee retirement system in trust exclusively for the purpose of the provisions of this section. The retirement board shall serve as trustee of the trust and shall be indemnified to the same extent as provided in section 59-1305, Idaho Code. Assets in the trust shall not be assignable or subject to execution, garnishment or attachment or to the operation of any bankruptcy or insolvency law. The rate of such contribution each pay period shall consist of a percentage of employees' salaries as determined by the board, and such rate shall remain in effect until next determined by the board. Any excess balance in the sick leave account shall be invested, and the earnings therefrom shall accrue to the sick leave account except the amount required by the board to defray administrative expenses. Assets of the trust may be commingled for investment purposes with other assets managed by the retirement board. All moneys payable to the sick leave account are hereby perpetually appropriated to the board and shall not be included in its departmental budget.

(4) For purposes of this section public school employment shall be defined to include the employees of the Idaho digital learning academy, and to permit inclusion of employees of organizations funded by school districts or of contributions of employees of school districts and shall include employees of the Idaho bureau of educational services for the deaf and the blind.

History:

[33-1228, added 1978, ch. 159, sec. 1, p. 347; am. 1982, ch. 206, sec. 1, p. 569; am. 1988, ch. 254, sec. 1, p. 493; am. 1990, ch. 407, sec. 1, p. 1133; am. 1993, ch. 398, sec. 1, p. 1461; am. 2006, ch. 150, sec. 1, p. 463; am. 2007, ch. 78, sec. 1, p. 205; am. 2009, ch. 55, sec. 1, p. 156; am. 2009, ch. 168, sec. 3, p. 503; am. 2018, ch. 91, sec. 1, p. 195.]
Idaho Code § 33-605 — Idaho Code / Title 33 / Chapter 6 / Section 33-605
33-605 SALES OF EXCESS ENERGY.
Status: in_force

33-605. sales of excess energy. The board of trustees of a school district which operates an energy system as described in section 33-604, Idaho Code, may use, sell or exchange excess thermal hot or chilled water not needed by the school district subject to the following conditions:

(1) Revenues from the sale of energy as described in section 33-604, Idaho Code, shall be used for the benefit of the school district.

(2) Sale of energy as described in section 33-604, Idaho Code, shall be pursuant to a school district written contract approved by resolution of the board of trustees of the school district, which resolution shall be forwarded to the state department of education.

History:

[33-605, added 2010, ch. 220, sec. 2, p. 493.]
Idaho Code § 33-7007 — Idaho Code / Title 33 / Chapter 70 / Section 33-7007
33-7007 PROCUREMENT AND TECHNOLOGY REQUIREMENTS.
Status: in_force

33-7007. procurement and technology requirements. (1) All generative AI-related software, applications, and tools procured by local school districts and public charter schools shall comply with state and federal data privacy laws, including the family educational rights and privacy act, the children's internet protection act, and the children's online privacy protection act. Vendors shall disclose whether products utilize machine learning, predictive analytics, or generative AI and shall provide assurances regarding data protection, algorithmic transparency, and responsible use.

(2) The state department of education may establish a list of approved generative AI tools or develop model procurement guidelines for use by local school districts and public charter schools.

History:

[33-7007, added 2026, ch. 71, sec. 1, p. 310.]
Idaho Code § 33-3711 — Idaho Code / Title 33 / Chapter 37 / Section 33-3711
33-3711 LIABILITY OF STATE FOR DINING HALLS LIMITED.
Status: in_force

33-3711. Liability of state for dining halls limited. Nothing in sections 33-3704—33-3711 shall be construed to create or to impose upon the state any liability whatever beyond payment to such institutions of the sums herein appropriated.

History:

[33-3711, added 1943, ch. 3, sec. 8, p. 4.]
Idaho Code § 33-901 — Idaho Code / Title 33 / Chapter 9 / Section 33-901
33-901 SCHOOL PLANT FACILITIES RESERVE FUND.
Status: in_force

33-901. School plant facilities reserve fund. The board of trustees of any school district may create and establish a school plant facilities reserve fund by resolution adopted at any regular or special meeting of the board. All moneys for said fund accruing from taxes levied under section 33-804, Idaho Code, together with interest accruing from the investment of any moneys in the fund and any moneys allowed for depreciation of school plant facilities as are appropriated from the general fund of the district, shall be credited by the treasurer to the school plant facilities reserve fund.

Disbursements from said fund may be made from time to time as the board of trustees may determine, for purposes authorized in section 33-1102, Idaho Code, and for lease and lease purchase agreements for such purposes and to repay loans from commercial lending institutions extended to pay for the construction of school plant facilities, but no expenditure for remodeling existing buildings shall be authorized and made unless the estimated cost thereof shall exceed five thousand dollars ($5,000). Lease purchase agreements shall not extend beyond the period designated for any existing school plant facilities reserve fund levy. Expenditures may also be made from this fund for participation by the school district in any local improvement district in which the school district may be situate, but any such participation shall not create a lien upon any of the property owned by the school district.

Should any school district having a balance in its school plant facilities reserve fund be consolidated with one or more school districts to form a new school district, the moneys in such fund shall be used to retire any bonds issued by it and outstanding at the time of the consolidation. If there are no bonds outstanding, any balance in its school plant facilities reserve fund shall accrue to the new district to be added to or to create and establish a school plant facilities reserve fund.

Should any school district having a balance in its school plant facilities reserve fund be divided so as to create two (2) or more new districts the said fund may be used to retire any bonds issued by it and outstanding at the time of the division, or the said fund may be divided among the new school districts, as may be approved by the electors at the time of the division. If the fund is divided among the new districts, a school plant facilities reserve fund is thereby created and established for each district.

The board of trustees of any school district having a school plant facilities reserve fund created and established under any of the provisions of this section, may discontinue the same by resolution adopted at any regular meeting of the board. Upon such discontinuance, any balance in the fund shall be used to retire any outstanding bonds, if any; otherwise, the balance may be transferred to the general fund of the district.

Moneys in the school plant facilities reserve fund being held for future use may be invested in the manner of section 57-127, Idaho Code.

A detailed financial report of the operations in and the condition of the school plant facilities reserve fund shall be included in the annual report of each district. Forms for such reporting shall be provided by the state board of education. Such report shall be published as provided by law for the publication of annual reports of school districts.

History:

[33-901, added 1963, ch. 13, sec. 117, p. 27; am. 1970, ch. 167, sec. 1, p. 493; am. 1975, ch. 136, sec. 1, p. 300.]
Idaho Code § 33-3802 — Idaho Code / Title 33 / Chapter 38 / Section 33-3802
33-3802 DEFINITIONS.
Status: in_force

33-3802. Definitions. The following terms, wherever used or referred to in this act, shall have the following meaning unless a different meaning clearly appears from the context:

(a) The term "institution" shall mean any institution named in section 2;

(b) The term "board" shall mean the state board of education, board of regents, board of trustees or other governing body, by whatever name known, of an institution;

(c) The term "bonds" shall mean any bonds of an institution issued pursuant to this act;

(d) The term "project" shall mean and include buildings, structures, improvements, and equipment of every kind, nature and description, which may be required by or convenient for the purposes of an institution, including, without limiting the generality of the foregoing, administration, dining, exhibition, lecture, recreational and teaching halls, or parts thereof, or additions thereto; heat, light, sewer and water works plants or systems, or parts thereof, or extensions thereto; commons, dining halls, dormitories, auditoriums, libraries, infirmaries, laundries, laboratories, metallurgical plants, museums, swimming pools, water-towers, fire prevention and fire fighting systems, gymnasia, stadia, dwellings, green houses, farm buildings, and stables, or parts thereof, or additions thereto; or any one, or more than one, or all of the foregoing, or any combination thereof;

(e) The term "to acquire" shall include to purchase, to erect, to build, to construct, to reconstruct, to repair, to replace, to extend, to better, to equip, to develop, to improve, and to embellish a project;

(f) The term "Recovery Act" shall mean the act of the Congress of the United States of America, approved June 16, 1933, entitled: "An Act to encourage national industrial recovery, to foster fair competition, and to provide for the construction of certain useful public works and for other purposes," and Acts amendatory thereof and acts supplemental thereto, and revisions thereof, and any further Acts or joint resolutions of the Congress of the United States to encourage public works or to reduce unemployment or for work relief;

(g) The term "federal agency" shall mean the United States of America, the President of the United States of America, the Federal Emergency Administrator of Public Works, or such other agency or agencies as may be designated or created to make loans or grants.

History:

[33-3802, added 1935 (1st E.S.), ch. 55, sec. 2, p. 145.]
Idaho Code § 33-2206 — Idaho Code / Title 33 / Chapter 22 / Section 33-2206
33-2206 REPORTS.
Status: in_force

33-2206. Reports. The state board for career technical education shall make annually to the governor and legislature a report of all moneys expended for career technical education both from state and federal funds, and shall include such annual report in the annual report of the state board of education.

History:

[(33-2206) 1919, ch. 53, sec. 6, p. 162; C.S., sec. 1007; I.C.A., sec. 32-1706; am. 1976, ch. 9, sec. 2, p. 25; am. 1999, ch. 329, sec. 9, p. 858; am. 2016, ch. 25, sec. 15, p. 45.]
Idaho Code § 33-310B — Idaho Code / Title 33 / Chapter 3 / Section 33-310B
33-310B FEASIBILITY STUDY AND PLAN FOR CONSOLIDATION.
Status: in_force

33-310B. Feasibility study and plan for consolidation. All school districts operating one (1) or more high schools may conduct a feasibility study and prepare a plan for school consolidation, which may also include school district consolidation. The cost of such feasibility studies and plans shall be reimbursed at an amount not to exceed ten thousand dollars ($10,000) per each school district that proposes to consolidate, in accordance with rules promulgated by the state board of education. The state board of education shall review and act upon all plans for school consolidation.

History:

[33-310B, added 1989, ch. 296, sec. 1, p. 724; am. 1998, ch. 88, sec. 3, p. 299; am. 2007, ch. 79, sec. 2, p. 210.]
Idaho Code § 33-1103 — Idaho Code / Title 33 / Chapter 11 / Section 33-1103
33-1103 DEFINITIONS — BONDS — LIMITATION ON AMOUNT — ELECTIONS TO AUTHORIZE ISSUANCE.
Status: in_force

33-1103. Definitions — Bonds — Limitation on amount — Elections to authorize issuance. (1) For the purposes of this chapter the following definitions shall have the meanings specified: "Market value for assessment purposes" means the amount of the last preceding equalized assessment of all taxable property and all property exempt from taxation pursuant to section 63-602G, Idaho Code, within the school district on the tax rolls completed and available as of the date of approval by the electorate in the school bond election. "Aggregate outstanding indebtedness" means the total sum of unredeemed outstanding bonds, minus all moneys in the bond interest and redemption fund or funds accumulated for the redemption of such outstanding bonds, and minus the sum of all taxes levied for the redemption of such bonds, with the exception of that portion of such tax levies required for the payment of interest on bonds, which taxes remain uncollected. "Issue," "issued," or "issuance" means a formal delivery of bonds to any purchaser thereof and payment therefor to the school district.

(2) The board of trustees of any school district, upon approval of a majority thereof, may submit to the qualified school district electors of the district the question as to whether the board shall be empowered to issue negotiable coupon bonds of the district in an amount and for a period of time to be named in the notice of election.

(3) An elementary school district which employs not less than six (6) teachers, or a school district operating an elementary school or schools, and a secondary school or schools, or issuing bonds for the acquisition of a secondary school or schools, may issue bonds in an amount not to exceed five percent (5%) of the market value for assessment purposes thereof, less the aggregate outstanding indebtedness; and no other school district shall issue bonds in an amount to exceed at any time two percent (2%) of the market value for assessment purposes thereof less the aggregate outstanding indebtedness. The market value for assessment purposes, the aggregate outstanding indebtedness and the unexhausted debt-incurring power of the district shall each be determined as of the date of approval by the electors in the school bond election.

(4) Notice of the bond election shall be given, the election shall be conducted and the returns thereof canvassed, and the qualifications of electors voting or offering to vote shall be, as provided in title 34, Idaho Code.

(5) The question shall be approved only if the percentage of votes cast at such election were cast in favor thereof is that which now, or may hereafter be, set by the constitution of the state of Idaho. Upon such approval of the issuance of bonds, the same may be issued at any time after the date of such election.

History:

[33-1103, added 1963, ch. 13, sec. 100, p. 27; am. 1973, ch. 282, sec. 3, p. 597; am. 1974, ch. 4, sec. 1, p. 20; am. 1975, ch. 88, sec. 1, p. 181; am. 1979, ch. 114, sec. 1, p. 359; am. 1979, ch. 254, sec. 12, p. 674; am. 1980, ch. 205, sec. 1, p. 469; am. 1980, ch. 350, sec. 12, p. 901; am. 1996, ch. 322, sec. 27, p. 1059; am. 2001, ch. 336, sec. 1, p. 1194; am. 2007, ch. 358, sec. 1, p. 1057; am. 2008, ch. 400, sec. 6, p. 1100; am. 2009, ch. 341, sec. 48, p. 1024; am. 2014, ch. 357, sec. 1, p. 886.]
Idaho Code § 33-355 — Idaho Code / Title 33 / Chapter 3 / Section 33-355
33-355 LEVY FOR PLANT FACILITIES RESERVE FUND — ELECTION.
Status: in_force

33-355. Levy for plant facilities reserve fund — Election. The governing body of a school subdistrict may call an election in the school subdistrict, pursuant to the provisions of section 33-804, Idaho Code, for the purpose of submitting to the qualified school electors of the school subdistrict the question of a levy by a school subdistrict of a school plant facilities reserve fund tax.

History:

[33-355, added 1986, ch. 61, sec. 1, p. 179.]
Idaho Code § 33-126 — Idaho Code / Title 33 / Chapter 1 / Section 33-126
33-126 ORGANIZATION OF DEPARTMENT.
Status: in_force

33-126. Organization of department. The state department of education shall be organized in a manner as determined by the state board of education acting on the recommendations of the executive secretary.

History:

[33-126, added 1972, ch. 126, sec. 2, p. 249; am. 1974, ch. 10, sec. 8, p. 49.]
Idaho Code § 33-3717A — Idaho Code / Title 33 / Chapter 37 / Section 33-3717A
33-3717A FEES AT STATE COLLEGES AND UNIVERSITIES.
Status: in_force

33-3717A. Fees at state colleges and universities. (1) The state board of education and the board of regents of the university of Idaho may prescribe fees, including tuition fees, for resident and nonresident students enrolled in all state colleges and universities. For purposes of this section, said fees, including tuition fees, may be used for any and all educational costs at the state colleges and universities including, but not limited to, costs associated with:

(a) Academic services;

(b) Instruction;

(c) The construction, maintenance and operation of buildings and facilities;

(d) Student services; or

(e) Institutional support.

The state board of education also may prescribe fees for all students for any additional charges that are necessary for the proper operation of each institution.

(2) A resident student is a student who meets the residency requirements imposed by section 33-3717B, Idaho Code.

(3) Nothing contained in this section shall prevent the state board of education from waiving fees, including tuition fees, to be paid by nonresident students, as defined in section 33-3717C, Idaho Code, who are enrolled in the state colleges and universities.

(4) Nothing contained in this section shall apply to community colleges now or hereafter established pursuant to chapter 21, title 33, Idaho Code, or to postsecondary professional-technical schools now or hereafter established and not connected to or a part of a state college or university.

History:

[33-3717A, added 2005, ch. 210, sec. 3, p. 627; am. 2011, ch. 39, sec. 2, p. 94.]
Idaho Code § 33-2002 — Idaho Code / Title 33 / Chapter 20 / Section 33-2002
33-2002 RESPONSIBILITY OF SCHOOL DISTRICTS FOR EDUCATION OF CHILDREN WITH DISABILITIES.
Status: in_force

33-2002. Responsibility of school districts for education of children with disabilities. (1) Each public school district is responsible for and shall provide for the special education and related services of children with disabilities enrolled therein.

(2) Every public school district in the state shall provide instruction and training for persons between the ages of three (3) years and twenty-one (21) years who are children with disabilities as defined in this chapter and by the state board of education. The state board of education shall through its department of education determine eligibility criteria for children with disabilities, qualifications of special teachers and special personnel, programs of instruction and minimum standards for classrooms and equipment to be used in administering the provisions of this act.

(3) The child study team shall assess the importance and necessity of teaching Braille to each child who is legally blind. Preference shall be given to Braille. If the child study team determines that learning Braille is important with respect to a particular child, the child shall be given the opportunity to learn Braille.

(4) In accordance with the provisions of part B of the federal individuals with disabilities education act (IDEA), a student with a disability shall be informed by the school district or other public agency providing education to the student, at least one (1) year before he reaches the age of majority, that rights currently afforded to the parents or guardian of the student pursuant to IDEA, will transfer to the student when he reaches the age of majority. However, such rights shall remain with the parent or guardian after the student reaches the age of majority if the student is determined to be incompetent under Idaho law or if an individualized education program team determines the student lacks the ability to provide informed consent with respect to his educational program.

History:

[(33-2002) 1963, ch. 13, sec. 183, p. 27; am. 1963, ch. 219, sec. 1, p. 628; am. 1965, ch. 228, sec. 1, p. 542; am. 1972, ch. 312, sec. 1, p. 774; am. 1974, ch. 10, sec. 11, p. 49; am. and redesignated 1991, ch. 323, sec. 4, p. 840; am. 1993, ch. 134, sec. 1, p. 330; am. 1998, ch. 24, sec. 1, p. 139.]
Idaho Code § 33-2804 — Idaho Code / Title 33 / Chapter 28 / Section 33-2804
33-2804 GENERAL DUTIES OF BOARD.
Status: in_force

33-2804. General duties of board. The members of the state board of education in the performance of their functions as the board of regents of the university and their successors in office, shall constitute a body corporate, by the name of the regents of the University of Idaho, and shall possess all the powers necessary or convenient to accomplish the objects and perform the duties prescribed by law, and shall have the custody of the books, records, buildings and other property of said university. The board shall elect a president, secretary and treasurer, who shall perform such duties as shall be prescribed by the by-laws of the board. The secretary shall keep a faithful record of all the transactions of the board and of the executive committee thereof. The treasurer shall perform all the duties of such office, subject to such regulations as the board may adopt, and shall be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code.

History:

[(33-2804) 1888-1889, p. 21, sec. 3; reen. R.C., sec. 488; am. by implication 1913, ch. 77, sec. 3, p. 328; compiled and reen. C.L., sec. 488; C.S., sec. 1059; I.C.A., sec. 32-2304; am. 1971, ch. 136, sec. 16, p. 522.]
Idaho Code § 33-3506 — Idaho Code / Title 33 / Chapter 35 / Section 33-3506
33-3506 SECTARIAN TESTS PROHIBITED.
Status: in_force

33-3506. Sectarian tests prohibited. No religious or sectarian tests shall be applied to the selection of instructors or other employed personnel of the school.

History:

[33-3506, added 1963, ch. 168, sec. 6, p. 486.]
Idaho Code § 33-204 — Idaho Code / Title 33 / Chapter 2 / Section 33-204
33-204 EXEMPTION FOR CAUSE.
Status: in_force

33-204. Exemption for cause. When a licensed physician or psychiatrist shall state in writing to the board of trustees of a school district that the physical, mental or emotional condition of a child does not permit attendance at school, and a petition is filed with the board by the parent or guardian of the child requesting such child to be exempt from the provisions of section 33-202, the board of trustees may at its discretion grant the requested exemption during the existence of such condition. The board may, from time to time as it may determine, require additional examination of the child and a report thereon.

History:

[33-204, added 1963, ch. 13, sec. 27, p. 27.]
Idaho Code § 33-2107C — Idaho Code / Title 33 / Chapter 21 / Section 33-2107C
33-2107C DEFINITION OF URBAN AREA DISTRICTS EMPOWERED TO CREATE UPPER DIVISIONS.
Status: in_force

33-2107C. Definition of urban area districts empowered to create upper divisions. The powers provided herein for instruction of the third and fourth year college curriculum shall be exercisable only by community college districts which at the date of the filing of notice of establishment of upper divisions as required are urban area districts, which is defined as a taxing district containing: (a) market value for assessment purposes of taxable property of not less than three hundred fifty million dollars ($350,000,000); and (b) a population of not less than ninety thousand (90,000) persons, in the taxing district where the college is located.

History:

[33-2107C, added 1965, ch. 16, sec. 3, p. 27; am. 1980, ch. 350, sec. 14, p. 902; am. 2017, ch. 70, sec. 3, p. 170.]
Idaho Code § 33-115 — Idaho Code / Title 33 / Chapter 1 / Section 33-115
33-115 TEACHERS' REGISTER.
Status: in_force

33-115. Teachers' register. The state board shall keep in its department of education, a register of persons qualified to teach in Idaho, or of any persons otherwise qualified but not having received a teaching certificate, upon the request of such person. Information concerning persons so registered shall be available to any Idaho person seeking to employ teachers.

History:

[33-115, added 1963, ch. 13, sec. 15, p. 27; am. 1974, ch. 10, sec. 6, p. 49.]
Idaho Code § 33-1405 — Idaho Code / Title 33 / Chapter 14 / Section 33-1405
33-1405 RATES OF TUITION — TUITION CERTIFICATES.
Status: in_force

33-1405. Rates of tuition — Tuition certificates. (1) The state department of education shall prepare and distribute all necessary forms and shall issue to each school district, annually, a tuition certificate bearing a serial number, which certificate shall authorize the receiving district to charge and to bill for the tuition of its nonresident pupils where tuition has not been waived.

(2) In determining tuition rates to be charged by any creditor school district, the state department of education shall compute the sum of that district's maintenance and operation costs, depreciation on its buildings, equipment, and other property, and the interest, if any paid by it on bonded debt or registered warrants. The said state department of education shall then compute what proportion of the sum of said costs, depreciation, and interest is allocable to elementary schools and what proportion is allocable to secondary schools in the district. The proportion allocable to elementary schools shall then be divided by the average daily attendance of elementary school pupils, and the proportion allocable to secondary schools shall be divided by the average daily attendance of secondary school pupils, in the district, and the amount so determined shall be the gross per-pupil cost, elementary or secondary, as the case may be. The net per-pupil cost shall be the gross per-pupil cost less the per-pupil apportionment to the district of any foundation program funds.

(3) Computations of tuition rates shall be made as of the school year next preceding the year for which tuition charges are determined and made.

(4) Charges for tuition made by any creditor school district shall be its net per-pupil cost, as hereinabove defined; except that its gross per-pupil cost shall be charged where any pupil has transferred to the creditor district by transfer other than one prescribed by section 33-1403, Idaho Code, or where the home district of any pupil attending school in the creditor district is without the state of Idaho.

(5) The board of trustees of a school district may request a waiver from the state board of education of any portion of the tuition rate determined pursuant to this section. A waiver request must be made for each individual student and may be requested for up to four (4) years, subject to annual review by the local board of trustees. Waivers must be requested before April 1 of the year prior to the operative date.

History:

[33-1405, added 1963, ch. 13, sec. 76, p. 27; am. 1985, ch. 107, sec. 13, p. 207; am. 1990, ch. 43, sec. 4, p. 69; am. 2005, ch. 97, sec. 1, p. 317; am. 2023, ch. 156, sec. 4, p. 423.]
Idaho Code § 33-6206 — Idaho Code / Title 33 / Chapter 62 / Section 33-6206
33-6206 SEVERABILITY.
Status: in_force

33-6206. severability. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.

History:

[33-6206, added 2020, ch. 333, sec. 1, p. 970.]
Idaho Code § 33-2129 — Idaho Code / Title 33 / Chapter 21 / Section 33-2129
33-2129 ADDITIONAL REMEDIES CONFERRABLE BY COMMISSION.
Status: in_force

33-2129. Additional remedies conferrable by commission. The commission shall have power by its resolution, trust indenture, lease or other contract, to confer upon any obligee holding or representing a specified amount in bonds, or holding a lease, the right (in addition to all rights that may otherwise be conferred), upon the happening of an event of default as defined in such resolution or instrument, by suit, action or proceeding in any court of competent jurisdiction:

(a) To cause possession of any dormitory housing project or any part thereof to be surrendered to any such obligee, which possession may be retained by such bondholder or trustee so long as said commission shall continue in default.

(b) To obtain the appointment of a receiver of any dormitory housing project of said authority or any part thereof, and of the rents and profits therefrom. If such receiver be appointed, he may enter and take possession of such dormitory housing project or any part thereof and (so long as said commission shall continue to be in default) operate and maintain the same, and collect and receive all fees, rents, revenues or other charges thereafter arising therefrom, and shall keep such moneys in a separate account or accounts and apply the same in accordance with the obligation of said commission as the court shall direct.

(c) To require said commission and the commissioners thereof to account as if it and they were the trustees of an express trust.

History:

[33-2129, added 1957, ch. 87, sec. 14, p. 137.]
Idaho Code § 33-1002C — Idaho Code / Title 33 / Chapter 10 / Section 33-1002C
33-1002C SUMMER AND NIGHT SCHOOL PROGRAM SUPPORT UNITS — ALTERNATIVE SCHOOL — JUVENILE DETENTION FACILITY.
Status: in_force

33-1002C. Summer and night school program support units — Alternative school — Juvenile detention facility. (1) Alternative summer or night school programs of not less than two hundred twenty-five (225) hours of instruction, which shall be included in the educational support units calculated as provided in section 33-1002, Idaho Code, may be established as approved by the state board of education. The average daily attendance divided by forty (40) shall determine the number of allowable support units which shall be included in the alternative school support units calculated for the school district for the succeeding school term.

(2) For any alternative school designated pursuant to section 46-805, Idaho Code, full-term average daily attendance shall be used to calculate support units for each cohort of students that meets the minimum instructional hours requirement provided for in section 33-512, Idaho Code. The support units so calculated shall be used for all state funding formulas in which support units are used.

(3) Districts that educate pupils placed by court order in a juvenile detention facility may establish a summer or night school program that shall be included in the educational support units calculated as provided in section 33-1002, Idaho Code. The average daily attendance divided by forty (40) shall determine the number of allowable support units that shall be included in the exceptional education school support units calculated for the school district for the succeeding school term.

(4) Average daily attendance and the support units generated by this section shall not be included in or subject to the provisions of section 33-1003, Idaho Code, and shall be included as an addition to any other support units generated pursuant to Idaho Code.

History:

[33-1002C, added 1990, ch. 204, sec. 1, p. 457; am. 1992, ch. 42, sec. 1, p. 143; am. 1996, ch. 146, sec. 2, p. 482; am. 2001, ch. 252, sec. 2, p. 917; am. 2002, ch. 154, sec. 1, p. 449; am. 2005, ch. 255, sec. 5, p. 783; am. 2013, ch. 268, sec. 1, p. 696; am. 2015, ch. 302, sec. 2, p. 1186; am. 2019, ch. 328, sec. 3, p. 975.]
Idaho Code § 33-1018A — Idaho Code / Title 33 / Chapter 10 / Section 33-1018A
33-1018A OTHER USES OF PUBLIC EDUCATION STABILIZATION FUND.
Status: in_force

33-1018A. Other uses of public education stabilization fund. (1) If, in any fiscal year, general fund revenues are inadequate to sustain general fund appropriations made for that year by the legislature, then the board of examiners may transfer moneys from the public education stabilization fund to the general fund. The maximum amount that may be transferred by the board in any fiscal year shall be determined by dividing the total of all general fund appropriations for the educational support program by the total of all general fund appropriations, and multiplying the result by the amount of the shortfall in general fund revenues.

(2) The governor may recommend, and the legislature may authorize, the appropriation of moneys from the public education stabilization fund to offset declining distributions from the public school earnings reserve fund to the public school income fund.

History:

[33-1018A, added 2003, ch. 372, sec. 14, p. 997.]
Idaho Code § 33-1004H — Idaho Code / Title 33 / Chapter 10 / Section 33-1004H
33-1004H EMPLOYING RETIRED TEACHERS AND ADMINISTRATORS.
Status: in_force

33-1004H. Employing retired teachers and administrators. (1) Notwithstanding the provisions of section 33-514, 33-1271 or 33-1273, Idaho Code, school districts may employ school resource officers, certificated schoolteachers, persons qualified to drive school buses, and administrators who are receiving retirement benefits from the public employee retirement system of Idaho, except those who received benefits under the early retirement program previously provided by the state in positions requiring such certification, as at-will employees. Any employment contract between the retiree and the school district shall be separate and apart from the collective bargaining agreement of the school district.

(2) Retirees employed under this section shall accrue one (1) day per month of sick leave, with no annual sick leave accumulation unless additional sick leave is negotiated between the candidate and the school district at the time of employment. No sick leave accrued under this section qualifies for unused sick leave benefits under section 33-1228, Idaho Code.

(3) School districts are not required to provide health insurance or life insurance benefits to persons employed under this section. Post-termination benefits may be negotiated between the school district and the certificated employee at the time of rehiring but in no event can the parties affect or attempt to affect the provisions governing the public employee retirement system.

History:

[33-1004H, added 2007, ch. 131, sec. 1, p. 387; am. 2011, ch. 96, sec. 14, p. 224; am. 2013, ch. 97, sec. 2, p. 235; am. 2019, ch. 202, sec. 2, p. 621; am. 2021, ch. 204, sec. 1, p. 554.]
Idaho Code § 33-1204A — Idaho Code / Title 33 / Chapter 12 / Section 33-1204A
33-1204A ALTERNATIVE AUTHORIZATION PROGRAM — ADMINISTRATORS.
Status: in_force

33-1204A. alternative authorization program — administrators. (1) An individual who does not otherwise hold an administrator certificate required for employment as a school principal or superintendent may satisfy the standards of employment for such positions, or similar positions, through the alternative authorization program, which is hereby established to provide a nontraditional pathway to certification under an interim certificate. The alternative authorization program permits a school district board of trustees to request issuance of a three (3) year interim certificate for a qualified candidate. The program shall include two (2) pathways for authorization:

(a) A "grow your own" pathway for experienced Idaho educators requiring leadership development; and

(b) An "executive leadership" pathway for individuals transitioning from business, military, government, nonprofit, or other sectors who possess leadership and management expertise and require preparation in education systems.

(2) To be eligible for alternative authorization as provided in this section, an applicant shall:

(a) Pass a criminal history check as provided in section 33-130, Idaho Code;

(b) Hold, at a minimum, a bachelor's degree or its equivalent from a regionally or nationally accredited college or university;

(c) Submit a letter from the school district board of trustees affirming that the applicant demonstrates leadership knowledge and skills, stating the district's intent to employ the applicant, and committing to provide mentoring as required pursuant to subsection (5) of this section; and

(d) Complete coursework consisting of no less than three (3) semester credits in the statewide framework for teacher evaluations, including a laboratory or applied component.

(3) An applicant who meets the eligibility requirements set forth in subsection (2) of this section shall also satisfy one (1) of the following experience pathways to be eligible for alternative authorization:

(a) The "grow your own" pathway, which requires no less than five (5) years of certified teaching experience in one (1) or more Idaho public schools; or

(b) The "executive leadership" pathway, which requires demonstrated professional competency in management or leadership through no less than five (5) years of experience in one (1) or more of the following:

(i) Higher education;

(ii) Government service;

(iii) Nonprofit organization service;

(iv) Private sector service;

(v) Military service at the officer level; or

(vi) Equivalent experience as determined by the state department of education.

(4) Prior to the issuance of an interim certificate, the sponsoring school district, in collaboration with the state department of education, shall conduct an initial competency assessment using criteria aligned with Idaho administrator standards as adopted by the state board of education to identify any gaps in the applicant's knowledge or skills. If deficiencies are identified, the applicant shall complete targeted coursework, professional development, or learning experiences consisting of no less than six (6) semester credits or the equivalent. Such instruction may include but is not limited to school law, public school finance, special education, and instructional leadership.

(5)(a) An individual authorized for an interim certificate pursuant to this section shall receive structured, embedded mentoring from a certified administrator throughout the three (3) year term of the interim certificate. Such mentoring shall include:

(i) Assignment by the sponsoring school district, subject to criteria established by the state department of education, of a mentor who holds an Idaho administrator certificate and has no less than five (5) years of experience in a comparable administrative role;

(ii) A minimum of seventy (70) clock hours of mentoring during the first two (2) years aligned to a personalized learning plan addressing areas identified for growth in the initial competency assessment, including budgeting, student achievement analysis, employee evaluation, strategic planning, conflict management, school board relations, and special education law;

(iii) Ongoing evaluation and support throughout the interim certificate period; and

(iv) Submission of an annual mentoring summary by the mentor to the state department of education that includes an assessment of the individual's progress toward required competencies. The department shall review such summary for program oversight purposes and provide feedback to the mentor regarding mentoring effectiveness.

(b) The sponsoring school district shall compensate the mentor and may use funds appropriated pursuant to section 33-320, Idaho Code, for this purpose.

(6) An individual authorized for interim certification pursuant to this section shall be subject to oversight by the professional standards commission as provided in section 33-1208, Idaho Code. The state board of education may deny issuance of an interim certificate for any reason that would constitute grounds for suspension or revocation of a certificate.

(7) An interim certificate issued pursuant to this section may be renewed annually for a period not to exceed three (3) years, contingent on receipt of proficient performance evaluations from the school district board of trustees and satisfactory completion of the mentoring requirements set forth in subsection (5) of this section. Upon completion, the individual shall be eligible for issuance of a standard administrator certificate with principal or superintendent endorsements.

(8) An individual who successfully completes the alternative authorization program and is issued a standard administrator certificate shall remain subject to ongoing review, including annual professional development requirements aligned with state standards.

History:

[33-1204A, added 2026, ch. 254, sec. 1, p. 1094.]